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2009/10/07 - Agenda Packet
Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1St and 3rd Wednesdays ~ 7:00 P.M. OCTOBER 7, 2009 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 CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds O[ZI)F.R OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. INFORMATION FOR THE PUBLIC ~N~Ho ~UCAMONGA 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 as part of your presentation, you would like to display audio or visual material, please see the City Clerk before the meetin_g commences. 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.us/whatsnew.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. _ jZArrcHo CUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 1 OCTOBER 7, 2009 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER - TAPIA ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9561 SAN BERNARDINO ROAD; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF LEASE -RDA D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH EAST CORNER OF 9T" ST. AND MADRONE AVE., LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA D3. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - JR ENTERPRISES, LP; AND CITY OF RANCHO CUCAMONGA, CASE NO. RCV-090728 -City D4. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -DALE AND JEANNE NELSON V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 28/29-049 -City D5. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD (COMMONLY REFERRED TO AS THE ETIWANDA DEPOT); LINDA D. DANIELS, RDA DIRECTOR, AND SANBAG REPRESENTATIVE, NEGOTIATING PARTIES -City REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 2 OCTOBER 7, 2009 ~RnivcHo E. CITY MANAGER ANNOUNCEMENTS F. CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT 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 3 OCTOBER 7, 2009 ~RANC HO G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL 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. G1. Pledge of Allegiance G2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams H. H1. Presentation of a City Plaque to Peter Bryan, Retired Fire Chief, in recognition of his years of service to the City of Rancho Cucamonga. H2. Ceremonial Badge Pinning of Mike Bell, newly-appointed Fire Chief. H3. Announcement of Animal Services Canvassing. ~~ 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. The public communications period wilt 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. REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 4 OCTOBER 7, 2009 RANCHO G'UCAMONGA _ - - - . .T. 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. J1. Approval of Minutes: December 3, 2008 (Adjourned Regular Meeting -Phase II of Smoking Regulations) September 2, 2009 (Regular Meeting - Michael absent) September 16, 2009 (Canceled Regular Meeting) September 24, 2009 (Tour & Special Jt. Mtg. with Chaffey College Governing Board -Kurth absent) J2. Approval of Check Register dated August 26 through September 8, 2009, for the total amount of $2,259,459.00; and approval of Check Register dated September 9 through September 22, 2009, for the total amount of $5,548,494.40. J3. Approval to receive and file current Investment Schedule for months ending July 31, 2009. J4. Approval to adopt Annual Statement of Investment Policy. J5. Approval for the purchase of eighteen (18) County ISD-Cellular/GPS modems/antenna kit, twenty-one (21) County ISD Motorola RDLAP VRM radio modems (used), and twenty-one (21) Tri-Tech MDC licenses, for the dispatch transition project, as a single source purchase from CONFIRE of Rialto, in the amount of $60,575.70, to be funded from Acct. Nos. 2505801-5605 for $41,375.60 and 3289501-5603 for $19,200.10. J6. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $178,360 to the apparent low bidder, A Good Sign Company (RA 09-016), and authorize the expenditure of a 20% contingency in the amount of $35,672 for the Directional Guide Sign Project, to be funded from Economic Development Funds, Acct. No. 2620801-5110/620-6015. J7. Approval for award and authorize the execution of the contract in the amount of $316,809 to Jacobs Engineering (RA 09-017) and authorize the expenditure of a 10% contingency in the amount of $31,680.90 for construction support services for the Foothill Boulevard Street Widening Project from San Bernardino Road to Vineyard Avenue, to be funded from 2001 Tax Allocation Bond funds, Acct. No. 2650801-5650!1189650-6314. J8. Approval to accept the Demens Basin Fill Project, Contract No. RA 09-011 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $519,277.75. RESOLUTION NO. RA 09-016 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE DEMENS BASIN FILL PROJECT, CONTRACT NO. RA 09-011 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 4 24 42 43 44 4s 49 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ OCTOBER 7, 2009 K. REDEVELOPMENT AGENCY BUSINESS The following items have been requested by the Redevelopment Agency for discussion. K1. APPROVAL TO SUPPORT THE CALIFORNIA REDEVELOPMENT ASSOCIATION'S 50 (CRA) LEGAL CHALLENGE VS. THE STATE OF CALIFORNIA TO PREVENT THE TAKEAWAY OF REDEVELOPMENT AGENCY FUNDS. ~~ L. 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 at one time without discussion. Any item may be removed by a Boardmember for discussion. L1. Approval of Minutes: December 3, 2008 (Adjourned Regular Meeting -Phase II of Smoking Regulations) September 2, 2009 (Regular Meeting -Michael absent) September 16, 2009 (Canceled Regular Meeting) September 24, 2009 (Tour & Special Jt. Mtg. with Chaffey College Governing Board -Kurth absent) L2. Approval of Check Register dated August 26 through September 8, 2009, for the total amount of $83,210.51; and approval of Check Register dated September 9 through September 22, 2009, for the total amount of $54,512.56. L3. Approval to receive and file current Investment Schedule for months ending July 31, 2009. L4. Approval to adopt Annual Statement of Investment Policy. L5. Approval for the purchase of eighteen (18) County ISD-Cellular/GPS modems/antenna kit, twenty-one (21) County ISD Motorola RDLAP VRM radio modems (used), and twenty-one (21) Tri-Tech MDC licenses, for the dispatch transition project, as a single source purchase from CONFIRE of Rialto, in the amount of $60,575.70, to be funded from Acct. Nos. 2505801-5605 for $41,375.60 and 3289501-5603 for $19,200.10. M. FIRE BOARD BUSINESS The following items have been requested by the Fire Board for discussion. M1. CONSIDERATION OF A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT (FD 09-008) AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND s 52 59 64 82 83 RANCHO ~,;UCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 6 OCTOBER 7, 2009 RESOLUTION NO. FD 09-040 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 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. N1. Approval of Minutes: December 3, 2008 (Adjourned Regular Meeting -Phase II of Smoking Regulations) September 2 (Regular Meeting -Michael absent) September 16, 2009 (Canceled Regular Meeting) September 24, 2009 (Tour & Special Jt. Mtg. with Chaffey College Governing Board -Kurth absent) N2. Approval of Check Register dated August 26 through September 8, 2009, and payroll ending September 8, 2009, for the total amount of $5,694,243.71; and approval of Check Register dated September 9 through September 22, 2009, and payroll ending September 22, 2009, for the total amount of $3,688,426.19. N3. Approval to receive and file current Investment Schedule for months ending July 31, 2009. N4. Approval to adopt Annual Statement of Investment Policy. N5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Beryl Street Community Trail from Banyan Street to Wilson Avenue, to be funded from Beautification Funds. RESOLUTION NO. 09-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BERYL STREET COMMUNITY TRAIL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS N6. Approval to accept grant revenue in the amount of $9,602.00 awarded by the California Emergency Management Agency (FY 2008 Homeland Security Grant), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the City of Rancho Cucamonga for the purpose of Emergency Operations Center (EOC) outfitting. 87 92 155 165 183 185 190 RANCHO _ cUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 7, 2009 N7. Approval of a Resolution of the City Council designating the Temporary Seats of Government in the event of an emergency, in accordance with California Government Code 23600, to be filed with the California Secretary of State. RESOLUTION NO. 09-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE TEMPORARY SEATS OF GOVERNMENT IN THE EVENT OF AN EMERGENCY, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE 23600, TO BE FILED WITH THE SECRETARY OF STATE N8. Approval to declare surplus City-owned miscellaneous equipment and vehicles, office equipment, and computer equipment which have been deemed no longer needed, obsolete or unusable.' N9. Approval to appropriate $205,000 into Acct. No. 1615303-5300 (CFD 2003-01 Cultural Center) from CFD 2003-01 fund balance, for additional signage and lighting improvements and future courtyard video capabilities at the Victoria Gardens Cultural Center. N10. Approval of Amendment to the 2009-2010 Energy Efficiency and Conservation Strategy, DRC2009-00386R, by appropriating $1,597,700 into Acct. No. 1215000-4740 Grant Income and appropriating funding to four activities funded through the Energy Efficiency and Conservation Block Grant (EECBG) Program, including $1,367,760 to the Civic Center HVAC Phase 1 Program, Acct. No. 1215314-5650/1747215-0, $111,100 to the Home Improvement Revolving Loan Program, Acct. No. 1215314-5650/1748215-0, $63,330 to the Energy Efficient Program, Acct. No. 1215314-565011749215-0, and $55,510 to the Energy Efficiency Coordination Program, Acct. No. 1215314-5650/1750215-0. N11. Approval of Amendment to the 2009-2010 Annual Action Plan, DRC2009-00227A, by appropriating additional funding to four activities funded through the Community Development Block Grant (CDBG) Program, including an additional $3,000 to the Oldtimers Foundation Senior Nutrition Program, Acct. No. 1204314-565011183204-0, $1,120 to Camp Fire USA, Acct. No. 1204314-5656/1334204-0, $1,560 to CDBG Administration, Acct. No. 1204314-5650/1228204-0, and $20,588 to the Home Improvement Program, Acct. No. 1204314-5650!1230204-0, and to reduce the appropriation by $18,460 to the Calle Vejar Street Improvement {Construction) Program, Acct. No. 1204314-565011602204-0, resulting in a net funding increase of $7,808 funded from CDBG revenue funds. N12. Approval of Amendment to the 2008-2009 CDBG-R Substantial Amendment, DRC2009- 00217A, by appropriating funding to three activities funded through the Community Development Block Grant -Recovery (CDBG-R) Program including $27,510 to CDBG-R Administration, Acct. No. 1204314-565011751204-0, $20,302 to the CDBG-R Calle Vejar Street Improvement (Design) Program, Acct. No. 1204314-565011328204-0, and $227,383 to the CDBG-R Calle Vejar Street Improvement (Construction) Program, Acct. No. 1204314-5650/1340204-0, resulting in a net funding increase of $275,195 funded from CDBG-R revenue funds. 191 192 194 200 201 203 205 N13. Approval of the retrofit of four (4) Diesel Exhaust Systems required by the California Air 207 Resources Board (GARB) to be completed by Ironman utilizing the City of National City's Council Resolution for Bid #GS0809-1 in the amount of $59,040.70, to be funded from Acct. No. 1105208-5300 (AB2766 Air Quality Improvement) to be used by the Public Works Tree and Street Sections. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 8 OCTOBER 7, 2009 RANCHO ~UCAMONGA _ N14. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash 208 Deposit and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Light Maintenance District Nos. 1 and 4 for Tract Map 18710, located on the north side of Church Street, east of Milliken Avenue, submitted by Homecoming 1 at Terra Vista, LLC. RESOLUTION NO. 09-186 210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 18710 IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 09-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 18710 N15. Approval to accept bids received and award and authorize the execution of the contract in the amount of $161,526 to the apparent low bidder, California Professional Engineering, Inc. (CO 09-059), and authorize the expenditure of a 10% contingency in the amount of $16,152.60 for the Installation of Traffic Signal at 19'h Street and Jasper Street, to be funded from Lighting District #1/Arterial Streets Funds, Acct. No. 1 1 51 303-5650/1 7361 51-0. 211 221 N16. Approval of a Professional Services Agreement with Gyroscope, lnc. (CO 09-058) Oakland, i~ 225 California, for additional scope of work, funded by a grant from the California State Library, for continuation of the Rancho Kids Project in an amount not to exceed $50,000, plus a 15% contingency in the amount of $7,500 to be funded by an appropriation from Acct. No. 1302601-5300. N17. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $96,249.64 to the apparent low bidder, UST Development, Inc. (CO 09- 065), and authorize the expenditure of a 10% contingency in the amount of $9,624.96 for the London Avenue and Carrari Street Slope Renovation and Erosion Control, to be funded from General Drainage Funds, Acct. No. 1 1 1 2303-5650/1 7461 1 2-0 and appropriate $140,000 to Acct. No. 1 1 1 2303-5650/1 7461 1 2-0 from General Drainage Fund balance (contract award of $96,249.64 plus 10% contingency in the amount of $9,624.96 and #34,125.40 for soils and materials testing, construction survey services and incidentals). N18. Approval of Improvement Agreement Extension for Tract 16262, located between Archibald and Klusman Avenue, approximately 427 feet north of the centerline of Hillside Road, submitted by TOLL CA IV, L.P. RESOLUTION NO. 09-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16262 255 262 264 RANCHO REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 7, 2009 N19. Approval to accept Improvements, release the Faithful Performance cash deposit, accept a Maintenance cash deposit and file a Notice of Completion for improvements for Parcel Map 17808, located on the northeast corner of Archibald Avenue and Palo Alto Street, submitted by William Espinoza and Eva Espinoza. RESOLUTION NO. 09-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17808 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N20. Accept Improvements and file a Notice of Completion for improvements for Tract 16113 (East Avenue LMD) located on the southwest corner of Wilson and East Avenues, submitted by Trimark Pacific Rancho Cucamonga, LLC. RESOLUTION NO. 09-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE IMPROVEMENTS FOR TRACT 16113 (EAST AVENUE LMD) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N21. Approval to release the Maintenance Guarantee Bond for Tract 16226 & 16227 (Rancho Etiwanda Estates Infrastructure-Day Creek Boulevard/Etiwanda Avenue), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. N22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16512, located on the north side of Church Street and east of Milliken Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 09-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16512 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N23. Approval of Improvement Agreement Extension for Tract 16592, located on the north side of Hillside Road, west of Archibald Avenue, submitted by Toll Brothers, Inc. RESOLUTION NO. 09-192 9 265 267 268 270 271 274 276 277 279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16592 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 7, 2009 C',,UCAMONGA N24. Approval to release the Maintenance Guarantee Letter of Credit for Tract 16909, located on 280 the west side of Haven Avenue between Arrow Route and 26th Street, submitted by Hillwood Construction Services. N25. Approval to accept Improvements, retain the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 17435, 282 located on the south side of Church Street between Haven and Center Avenues, submitted by KB Greater Los Angeles, Inc. RESOLUTION NO. 09-193 283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17435 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N26. Approval to release the Maintenance Guarantee Bond, No. 014039179/08771545, in the 285 amount of $515,163.43, for Pacific Electric Inland Empire Trail Construction, Phase 1, Contract No. 06-228. N27. Approval to release the Maintenance Guarantee Bond, No. 014039190/08879354 in the 287 amount of $366,686.13, for Pacific Electric Inland Empire Trail Construction, Phases II and III, Contract No. 07-023. N28. Approval to accept City Hall Planter Repair, Contract No. 07-080 as complete, release the 289 bonds, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $126,936.02. RESOLUTION NO. 09-194 292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CITY HALL PLANTER REPAIR, CONTRACT NO. 07-080 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N29. Approval to accept the Base Line Road Pavement Rehabilitation from Hellman to Ramona 293 Avenues, Contract No. 09-233 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 $343,321.23. RESOLUTION NO. 09-195 296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD PAVEMENT REHABILITATION FROM HELLMAN TO RAMONA AVENUES, CONTRACT NO. 09-233 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N30. Approval to accept the FY 2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) 297 and Parking Lot Resurfacing (Seal Coat) at Various Locations, Contract No. 09-252 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $285,774.75. REDEVELOPMENT AGENCY, ~ FIRE PROTECTION DISTRICT AND ~' CITY COUNCIL AGENDA 11 OCTOBER 7, 2009 RANCHO _ _ CUCAMONGA 1 -- RESOLUTION NO. 09-196 300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2009/2010 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING LOT RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS, CONTRACT NO. 09-252 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 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. 01. CUCAMONGA - A request to amend the Development Code, Section 17.26, Wireless Communications Facilities. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. 301 ORDINANCE NO. 821 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00625, REVISING REGULATIONS APPLICABLE TO THE INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES AND AMENDING CHAPTER 17.26 OF THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF P. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. P1. APPROVAL OF A "PERMIT PARKING DISTRICT' FOR THE RESIDENTIAL AREA IDENTIFIED AS "SKYLINE NEIGHBORHOOD" GENERALLY LOCATED NORTH OF ALMOND STREET AND WEST OF SAPPHIRE STREET, ALSO KNOWN AS TRACT 10210 RESOLUTION NO. 09-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PERMIT PARKING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 302 312 321 P2. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 7, 2009 ANC HO _ _ ~AMONGA APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 4-R TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 4' 2) THE LEVY OF ANNUAL ASSESSMENTS; 3) PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT; 4) A RESOLUTION PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS; AND 5) SETTING A TIME AND PLACE FOR A PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES RESOLUTION NO. 09-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 4-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 4, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT RESOLUTION NO. 09-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 4-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES P3. PROCEDURES. RESOLUTION NO. 09-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 6-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 6, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT 12 328 334 336 517 523 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 13 ~ OCTOBER 7, 2009 _ RArrC H0 RESOLUTION NO. 09-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 6-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES P4. PROCEDURES. RESOLUTION NO. 09-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO_ 8-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 8, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT RESOLUTION NO. 09-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 8-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES P5. P6. 525 602 608 610 648 648 ', REDEVELOPMENT AGENCY, ~ FIRE PROTECTION DISTRICT AND RANCHO ~,;UCAMONGA CITY COUNCIL AGENDA OCTOBER 7, 2009 P7. APPROVAL OF A RESOLUTION ADOPTING A NEW PARKING ENFORCEMENT BAIL SCHEDULE RESOLUTION NO. 09-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A NEW PARKING ENFORCEMENT BAIL SCHEDULE CITY COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Q2. CONSIDERATION OF A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT (CO 09-066) AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. 09-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Q3. Q4. Q5. 654 657 661 665 670 672 673 Q6. LEGISLATIVE AND REGIONAL UPDATES (Oral) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 15 OCTOBER 7, 2009 i jZANCHO _ __ _ - ~- CUCAMONGA R. IDENTIFICATION OF ITEMS FOR NEXT MEETING S. I, Debra L. McKay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 1, 2009, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. December 3, 2008 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES ADJOURNED REGULAR MEETING A. CALL TO ORDER An adjourned regular meeting of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency was held on Wednesday, December 3, 2008, in the Tri-Communities Room in City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/ChairmanlPresident Donald J. Kurth, M.D. called the meeting to order at 3:41 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo, Diane Williams (arrived at 3:42 p.m.), Mayor Pro TemA/ice President/Vice Chairman L. Dennis Michael; and Mayor/President/Chairman Donald J. Kurth. Also present were: Jack Lam, City Manager/Executive Director; Pamela Easter, Assistant City Manager; Fabian Villenas, Principal Management AnalysUCMO; Erika Lewis-Huntley, Management Analyst II/CMO; Kristen Compean, Intern/CMO; Joshua Torres, Intern/CMO; James Markman, City AttorneylLegal Counsel (arrived at 4:15 p.m.); John Gillison, Deputy City ManagerlAdministrative Services; Michael Toy, Information Services Specialist I; Mahdi Aluzri, Deputy City ManagerlCommunity Development; Trang Huynh, Building & Safety Official; Kurt Keating, Code Enforcement Supervisor; Captain Joe Cusimano, Rancho Cucamonga Police Department and Shirr'I Griffin, Deputy City Clerk. Councilmember Gutierrez led the Pledge of Allegiance. B. PUBLIC COIVIMUNICATIONS 81. Carol A. Burton, apartment resident at Del Mar I in Rancho Cucamonga, relayed concerns regarding secondhand smoke at Del Mar I and II complexes. She submitted a detailed incident report showing smoke entering her apartment from adjacent apartments. A local physician diagnosed her with asthma and due to the smoke, her grandsons have respiratory problems. She expressed approval of the meeting because it demonstrates something is being done to try to help. Responding to Mayor Kurth, Ms. Burton stated no one is willing to do anything because there are no regulations for apartment complexes. In order to obtain an apartment in a smoke free area of the complex, her rent would increase making it financially difficult. She felt her health would be at risk under current living conditions. When the complex is renovated, smoke free apartments would be set aside; due to the current economic climate, she is not sure when that will be. Fabian Villenas, Principal Management Analyst/CMO, submitted an emailed letter for the record from apartment resident Steve Herrera who was not able to attend but wanted to express his concerns. ...,., C. ITEM OF DISCUSSION DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008 -Page 1 of 6 Jack Lam, City Manager, introduced Fabian Villenas, Principal Management AnalystlCMO, who presented the staff report. Mr. Villenas stated the workshop would be conducted in two parts. The first part would provide background for issues surrounding secondhand smoke, compare current City regulations with State law and would review the experiences of other cities implementing similar ordinances. The second, interactive part of the workshop, would record general Council interest toward extending the City's No Smoking Policy to public areas. Councilmember Spagnolo left at 4:04 p.m. Mr. Villenas indicated Council directed staff to return with information for further consideration of expanding the No Smoking Policy to public areas after adopting the ordinance in February that designated all City facilities, including surrounding property, smoke-free environments. Departments reported minimal resident and guest issues. A few comments were received from the Cultural Center and Central Park where smokers complained because they were not allowed to smoke. Mr. Villenas said other cities advised smoking regulations be tailored to the individual needs of each community. Cities acknowledged that having stakeholder input and public outreach associated with the development of the ordinance were essential. Once an ordinance was adopted, education was critical to enforcement. Residents and visitors comply once they know about no smoking restrictions and self- enforce the restriction when it is unacceptable to violate it; the City has experienced success with this approach. Councilmember Spagnolo returned at 4:05 p.m. Mayor Kurth and Councilmember Gutierrez inquired about the impact on Police. Mr. Villenas responded neither Code Enforcement nor Police reported any citations or service calls related to the smoking ordinance. Regarding extending the No Smoking Policy to public areas, Mr. Villenas indicated Council direction would help frame the outreach effort dialogue with proposed stakeholders and the community. This effort would be accomplished through workshops, public surveys accessible through the City website and publicized in the Rancho Reporter. Specific stakeholders, such as the Chamber of Commerce, restaurants, the apartment community, etc., would also be assessed. Results and recommendations would be brought back to Council in summer of 2009. Mr. Villenas said information gathered about areas where the public is traditionally exposed to secondhand smoke was generally prompted by locations other cities enacted no smoking ordinances. He summarized information on hotel guest rooms and common areas, outdoor dining areas, patios at restaurants and cafes, transit stops, outdoor service lines, shopping malls and apartments units and outdoor common areas. In response to Councilmember Spagnolo, Mr. Villenas categorized outdoor service lines as lines to ATM machines, ticket lines and theater lines. Since public in line are captive to the exposure of secondhand smoke, cities restricted smoking in service lines. Mr. Villenas recommended the topic of no smoking in restaurants or hotels as a community-wide survey, and assured Councilmember Spagnolo the survey would be tailored to accommodate apartment tenants, owners and managers. Councilmember Spagnolo raised the question of whether a ban exists with Mayor Kurth stating for indoor restaurants smoking is not allowed. Mr. Villenas agreed but said there is no ban currently for patios. He stated hotels, restaurants and shopping malls have corporate policies regarding smoking. Councilmember Gutierrez indicated businesses might see this as restricting their ability to do business. Councilmember Williams noted smokers gather in hotel doorways and considered many new hotels in the City would be establishing their own policy. She said now is a good time to enact policy. Mr. Villenas focused on the Phase II Secondhand Smoke Regulations Worksheet (Attachment C) and explained that the areas were broken down into three options. The first column (or option) is a) "Complete Restriction'; Council may express an interest in banning smoking in the designated area. The second is Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008 -Page 2 of 6 b) "No Additional Restrictions'; Council may feel the current restriction is adequate. The third, c) called "Somewhere 'In-between"'; may reflect Council interest in limited regulation. This is not a complete restriction, but varying regulation in one of the areas. Staff member Villenas presented the first issue: Streets and Sidewalks. Mayor Pro Tem Michael stated this would not restrict people from smoking in their cars while Mayor Kurth clarified, except for when a minor is present. Mr. Villenas stated that this generally applied to pedestrians. Noting the City of Calabasas, Mr. Villenas illustrated somewhere in-between prohibits smoking unless no non-smoker is within 20 feet and it is reasonable to assume no non-smoker will appear. Councilmember Spagnolo wanted to know how the somewhere in-between option would be enforced. Mayor Kurth said it would be self-enforced but pointed out what happens in a crowded area. Councilmember Spagnolo noted City Employees now have to go out to the sidewalk to smoke. Mayor Kurth thought there might be passive encouragement for people to quit smoking and they would take advantage of City programs to help stop smoking. Councilmember Williams proposed the City conduct forums with shopping center owners to get feedback on smoking regulation and obtain their enforcement preferences. In response to Mayor Pro Tem Michael, Mr. Villenas confirmed that the public right-of-way in Terra Vista is privately owned and recommended the outreach include everyone because of the potential to impact property owners. Mayor Kurth offered a graduated method for bringing about non-smoking compliance. For instance he said, with apartments or hotels, by a certain time 25% will be non-smoking, by this year 50%, and by this year 100%. Mayor Pro Tem Michael stated the objective is to try to reduce the impact of secondhand smoke on those who chose not to smoke. He suggested somewhere in-between gives smokers an understanding that we are serous and are concerned about a healthy community. Councilmember Gutierrez said he agreed with somewhere in-between for public right-of way, but would not approve anything until businesses were notified and could give Council their input. Staff member Villenas presented the second issue, twofold in organization: Smoking Restrictions in Hotels. He addressed the subject of Hotel Guest Rooms first and indicated in response to Councilmember Spagnolo that hotels currently abide by State law and corporate policy. Councilmember Williams noted hotels might designate less smoking rooms due to customer demands for more non- smoking rooms. She urged contacting hotels in the City to determine the existing percentage of rooms. Mayor Kurth said the State regards the situation differently since it benefits from cigarette taxes. He noted how hard and expensive it is for hotels to change a smoking room back. He sensed such laws strengthen businesses by accepting the burden of responsibility and regulating the number of required non-smoking rooms. Mayor Pro Tem Michael cautioned being too restrictive; if there are too few smoking rooms, smokers might smoke in anon-smoking room anyway. Noting Councilmember Williams' earlier comments, staff member Villenas continued to the second part of Smoking Restrictions in Hotels, Hotel Common Areas, which primarily deals with outdoor common areas. Councilmember Williams supported designating smoking areas and gave suggestions. Council discussed points regarding outdoor common areas expressing their interest in designated smoking areas. Councilmember Williams left at 4:33 p.m. Staff member Villenas presented the third issue, Outdoor Dining Areas; patios at restaurants and cafes. Councilmember Spagnolo indicated interest in how business is doing in these areas. He felt restaurants might want no smoking indoor and outdoor. He favored a complete smoking ban for dutdoor dining and patio areas. Councilmember Williams returned at 4:34 p.m. Mr. Villenas said other cities agreed this issue has been the most controversial. Restaurants generally come out and are vocal in opposition. Councilmember Spagnolo acknowledged it would be controversial, but noted the potential concerns of non-smoking diners. Mr. Villenas reiterated that Council interest would direct the type of conversation portrayed when contacting restaurant owner/operators to get their input Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008 -Page 3 of 6 through the outreach surveys. Council discussed the perspective of restaurant businesses deciding tentatively on somewhere in-between. Mayor Pro Tem Michael considered screening, awnings and temporary coverings in outdoor patio areas. Mahdi Aluzri, Deputy City Manager/Community Development said that there is ongoing discussion about outdoor patio areas that are enclosed during inclement weather conditions. Most cities' approach is that an outdoor patio area be a substantial structure in order to implement no smoking restrictions. A plastic cover or awning is still considered outdoor at this point. Mayor Pro Tem Michael said King's Fish House at Victoria Gardens has a permanent roof over the patio area. Mr. Aluzri s response was that smoking is permitted there. Staff member Villenas presented the fourth issue, Transit Stops. Mr. Villenas prefaced the topic by saying that some cities are considering prohibiting smoking at bus stops and train stations because waiting public at these locations is captive to secondhand smoke. Mayor Pro Tem Michael suggested somewhere in-between, restricted to within 20 feet of the transit stop the same as it is for streets and sidewalks. Mayor Kurth confirmed smoking is prohibited inside buses and trains noting that there are no smoking restrictions at the MetroLink station. Council discussed the somewhere in-between option and if 20 feet would be sufficient. Mr. Villenas said most cities require 20 feet. Staff member Villenas presented the fifth issue, (Outdoor) Service Lines. Councilmember Williams and Councilmember Spagnolo considered whether the AMC theater at Victoria Gardens is on public or private property. Mr. Alzuri said the current ordinance covering the Victoria Gardens Cultural Center theater, does not allow smoking. Council discussed a complete smoking ban. Councilmember Spagnolo thought talking to mall owners would be important in considering a complete smoking ban. Staff member Villenas presented the sixth issue, Shopping Malls. Councilmember Williams asked if there is State law on enclosed malls. Mayor Pro Tem Michael asked what determines the difference in a mall and the Terra Vista shopping center. Mr. Villenas responded State law prohibits smoking in (private) closed malls. Other cities have done a complete smoking ban, did not address it or did somewhere in- between designating smoking areas. For example, for every forty-thousand square feet of mall, there is a designated smoking area; that area must be away from the walkways. Councilmember Spagnolo clarified that malls are like outdoor shopping centers. He suggested somewhere in-between. Staff member Villenas presented the seventh issue, Multi-Family Units and Common Areas. Mayor Pro Tem Michael and Councilmember Williams suggested designating smoking units by a percentage and working with the apartment community to determine what that percentage might be. Mr. Villenas mentioned that some cities decided non-smoking and smoking units not share walls or a ventilation system. Councilmember Gutierrez suggested the somewhere in-between option and recommended a certification program regarding Healthy Cities (Healthy Rancho Cucamonga). He felt certification would provide an incentive for the apartment community improving their image as a certified life-style community. Mayor Kurth noted certified smoke-free communities would raise the City of Rancho Cucamonga's image as a Healthy City. Jack Lam, City Manager advised proper separation of non- smoking and smoking units. Regarding multi-family common areas, Mayor Pro Tem Michael suggested this option was similar to hotels outdoor areas and that City regulation should be consistent. Councilmember Spagnolo suggested exploring this issue as it regards condominiums. Mayor Kurth asked whether other cities have considered banning the sale of cigarettes (smoking products) at locations where medications are sold. James Markman, City Attorney/Legal Counsel said it was a question of interstate commerce. Mayor Kurth requested further information on the topic. In closing, Mr. Villenas said Council may direct staff to move forward with the recommended draft strategy. Results and recommendations would be brought back for Council consideration in summer of 2009. MOTION: Moved by Kurth, seconded by Williams to approve the proposed strategy recommended by staff. Motion carried unanimously. Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008 -Page 4 of 6 ACTION: Report received and filed. * A completed Phase II Secondhand Smoke Regulations Worksheet (Attachment C) is attached for reference. Mayor Pro Tem Michael remarked on the dangers of secondhand smoke on youth in the community. He stressed maintaining 'Healthy Rancho Cucamonga' by sustaining a green community and by providing opportunities for residents who chose a healthier life-style. Councilmember Williams recommended the outreach efforts inform business owner/operators of information about City programs which they could forward to community members who want healthier life- styles. She said information, access and affordability to these programs is important, and said the City needs to continue an active presence thrbugh its publications, such as the Grapevine, and in Community centers. She encouraged staff to identify non-profit organizations to help fund healthy life-style services and programs. Jack Lam, City Manager, said services are available through the City to anyone who wants help. He said the City could add more programs. ...... D. ADJOURNMENT The meeting adjourned at 5:00 p.m. Respectfully submitted, Shirr'I Griffin Deputy City Clerk Approved: ****** Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008 -Page 5 of 6 Phase II Secondhand Smoke Regulations Worksheet This worksheet is provided to assist you in evaluating the scope of regulations desired for each item listed below. C ~uvcHO Complete No Additional Somewhere CAMONGA Restriction Restrictions "In-between" Streets and X Sidewalks Hotels-Guest X Rooms Hotels-Common X Areas w/designated smoking areas Outdoor Dining X Areas Transit Stops X Service Lines X Shopping Malls X w/designated smoking areas Multi-Family X Units Multi-Family X Common Areas U Attachment C Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008 -Page 6 of 6 September 2, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, September 2, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:35 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and ChairmanlPresidenUMayor Donald J. Kurth. Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael was absent. Also present were: Jack Lam, City Manager, Steven Flower, Deputy City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Interim Deputy City Manager/Redevelopment Agency Director. ~~ B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) ~~ ChairmanlPresidenUMayor Donald J. Kurth announced the closed session item: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9561 SAN BERNARDINO ROAD; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF LEASE - 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 5:35 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session adjourned at 5:55 p.m. with no action taken. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 1 of 16 G. SPECIAL MEETING CALL TO ORDER - 6:00 P.M. COUNCIL CHAMBERS The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a special meeting on Wednesday, September 2, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:07 p.m. by ChairmanlPresident/Mayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman/PresidenVMayor Donald J. Kurth. Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael was absent. Also present were: Jack Lam, City Manager; Steven Flower, Deputy City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Interim Deputy City Manager/Redevelopment Director; James Troyer, Planning Director; Mark Steuer, Director of Engineering Services; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Bill Wittkopf, Public Works Services Director; Trang Huynh, Building 8 Safety Official; Robert Karatsu, Library Director; Jim Frost, City Treasurer; Jan Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. G3. Presentations A. Recognition of Library Telethon Donors. Robert Karatsu, Library Director, thanked the Library Telethon sponsors. B. Recognition of volunteers for Fire District's "No Fireworks" Campaign. Chief Peter Bryan recognized the young men and young women of the Terra Vista Ward of the Church of Jesus Christ of Latter-Day Saints and the young men and young women of the San Sevaine Ward of the Church of Jesus Christ of Latter-Day Saints for their help in the Fire Districts "No Fireworks" campaign. C. Presentation of donation raised by the Rancho Cucamonga Quakes from the "Bark in the Ball Park" Events. Gerald McKarney, Quakes General Manager and Rachel Barker, Quakes Ticket Office Manager presented a donation to Joe Pulcinella, Animal Services Director and Barbara Hansen, Animal Care & Services Program Specialist for the Animal Shelter. D. Recognition of the members of RC CARES for the "Putt for Paws" Event. Joe Pulcinella, Animal Services Director thanked Suzanne Buquet, Event Chair and the members of RC CARES for the "Putt for Paws" event. E. Recognition of Vineyard Little League 9110 Division District 71 Champions and Section 8 Champions. Mayor Kurth presented certificates of achievement to the Vineyard Little League 9/10 Division for winning the District 71 and Section 8 Championship. Recognition of Vineyard Little League 10/11 Division District 71 Champions. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 2 of 16 Mayor Kurth presented certificates of achievement to the Vineyard Little League 10/11 Division for winning the District 71 Championship. G. Recognition of Deer Canyon Little League Major Division District 71 Champions. Mayor Kurth presented certificates of achievement to the Deer Canyon Little League Mayor Division for winning the District 71 Championship. H. Recognition of Alta Loma Little League Junior Division District 71 Champions and Section 8 Champions Mayor Kurth presented certificates of achievement to the Alta Loma Little League Junior Division for winning the District 71 and Section 8 Championship. Recognition of Citrus Little League Senior Division District 71 Champions. Mayor Kurth presented certificates of achievement to the Citrus Little League Senior Division for winning the District 71 Championship. H. RECESS SPECIAL MEETING TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETING AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The special meeting adjourned at 7:02 p.m. with no action taken. I. REGULAR MEETING CALL TO ORDER -'I:OO P.M. COUNCIL CHAMBERS The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a special meeting on Wednesday, September 2, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:12 p.m. by Chairman/President/Mayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and ChairmanlPresidenUMayor Donald J. Kurth. Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael was absent. Also present were: Jack Lam, City Manager, Steven Flower, Deputy City Attorney; John Gillison, Deputy City ManagerlAdministrative Services; Linda D. Daniels, Interim Deputy City Manager/Redevelopment Agency Director; James Troyer, Planning Director; Mark Steuer, Director of Engineering Services; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Bill Wittkopf, Public Works Services Director; Trang Huynh, Building & Safety Official; Robert Karatsu, Library Director; Jim Frost, City Treasurer; Jan Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 3 of 16 J. ANNOUNCEMENTS/PRESENTATIONS J1. Recognition of Minuteman Press as Chamber of Commerce "Small Business of the Year." This item was removed from the agenda and will be rescheduled. J2. Presentation of a Certificate to Flemings Prime Steakhouse from the Rancho Cucamonga Community Foundation and City Council for their ongoing support of performing arts programs at the Lewis Family Playhouse. Mayor Kurth presented a certificate of appreciation to Flemings Prime Steakhouse for their support of performing arts and programs. J3. Presentation of a Proclamation to Ralph and Maxine Strane for their commitment and long- term involvement with the community. Mayor Kurth presented a proclamation to Ralph and Maxine Strane for their community involvement. J4. Presentation of a Proclamation recognizing the month of September 2009 as "National Preparedness Month" in conjunction with the U.S. Department of Homeland Security's Federal Emergency Management Agency. Mayor Kurth presented a proclamation declaring the month of September as "National Preparedness Month" to Breanna Medina, Emergency Preparedness Specialist. K. PUBLIC COMMUNICATIONS 11. Robert Coberly, President of the Library Board of Trustees and Jennifer Downey, Librarian announced the upcoming Big Read, to be held from September 18 to October 15, 2009. 12. Kristeen Ramirez from the Cucamonga Valley Water District discussed the pending expansion of their regional recycled water system. 13. Jim Frost indicated that four veterans with no family and a spouse will be buried at the Bakersfield National Cemetery on Monday. He stated that former employee Matthew Ramirez was killed on August 24, 2009 by a hit and run driver and stressed the need to find the person responsible. 14. John Lyons stated that his heartfelt prayer to the families of Captain Tedmund Hall and Fire Fighter Arnaldo Quinones. He indicated that he was opposed to the proposed public safety tax but expressed his support for a wildland urban interface tax. Lastly, Mr. Lyons urged disaster planning. 15. James Kenny expressed concerns relating to people visiting Cucamonga Canyon. He stated that staff should recommend solutions and requested the Council's assistance in solving the problem. 16. Christian Nelson from the Cucamonga Christian Fellowship noted that the fellowship has pledged to perform 23 acts of mercy and justice over 23 days. Mr. Nelson indicated that members have been praying for the City Council for several weeks and noted that several people are present tonight to publicly pray for the City Council. A prayer was said for the City Council and staff. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 4 of 16 17. Gerhard Kramer from the Cucamonga Christian Fellowship prayed for the City Council and staff. 18. Jill Parsons from the Cucamonga Christian Fellowship prayed for the City Council and staff. 19. Peggy Bomortino from the Cucamonga Christian Fellowship prayed for the City Council and staff. 110. Janet Walton from the Cucamonga Christian Fellowship prayed for the City Council and staff. 111. Otis Radford concurred with the concerns raised by James Kenny and thanked the Council for their support. 112. Jim Moffatt, stated that the real issue with Cucamonga Canyon visitors is the parking in the street, trash, etc. He supported resident parking only on the affected streets. L. 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. L1. Approval of Minutes: August 19, 2009 (Regular Meeting -Kurth absent) L2. Approval of Check Register dated August 12 through August 25, 2009 for the total amount of $774,262.28. L3. Approval of acquisition of a portion of real property, identified as 8462, 8410 and 8318 Foothill Boulevard and 8345 Red Hill Country Club Drive in the City of Rancho Cucamonga, County of San Bernardino, State of California, and identified as San Bernardino County's Assessor's Parcel Numbers: 0207-101-13, 0207-101-31, 0207-101-34 and 0207-101-41 for the Foothill Boulevard Improvement Project from Grove Avenue to Vineyard Avenue. (REMOVED FOR DISCUSSION BY BOARDMEMBER GUTIERREZ) L4. Approval to accept the Foothill Boulevard/Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project, Contract No. RA 09-006, 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 $424,895.87. RESOLUTION NO. RA 09-014 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD/ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE PROJECT, CONTRACT NO. RA 09-006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L5. Approval to accept the Rancho Cucamonga Family Sports Center Basketball Gym Painting Project, Contract No. 09-242 as complete, release the bonds, retain the Faithful Performance Bond to act as a Maintenance Guarantee Bond, and authorize the Public Works Services Director to file a Notice of Completion and approve the final contract amount of $12,300. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 5 of 16 RESOLUTION NO. RA 09-015 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO CUCAMONGA FAMILY SPORTS CENTER BASKETBALL GYM PAINTING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 4-0, with Vice Chairman Michael being absent. L3. Approval of acquisition of a portion of real property, identfed as 8462, 8410 and 8318 Foothill Boulevard and 8345 Red Hill Country Club Drive in the City of Rancho Cucamonga, County of San Bernardino, State of California, and identified as San Bernardino County's Assessor's Parcel Numbers: 0207-101-13, 0207-101-31, 0207-101-34 and 0207-101-41 for the Foothill Boulevard Improvement Project from Grove Avenue to Vineyard Avenue. (REMOVED FOR DISCUSSION BY BOARDMEMBER GUTIERREZ) In response to Boardmember Gutierrez, Mark Steuer, Director of Engineering ServiceslCity Engineer, addressed the location of these properties. MOTION: Moved by Gutierrez, seconded by Spagnolo, to approve the staff recommendations in the staff report. Motion carried 4-0, with Vice Chairman Michael being absent. M. 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 at one time without discussion. Any item may be removed by a Boardmember for discussion. M1. Approval of Minutes: August 19, 2009 (Regular Meeting -Kurth absent) M2. Approval of Check Register dated August 12 through August 25, 2009, for the total amount of $127,149.65. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0, with Vice President Michael being absent. N. 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. N1. Approval of Minutes: August 19, 2009 (Regular Meeting -Kurth absent) N2. Approval of Check Register dated August 12 through August 25, 2009, and payroll ending August 25, 2009, for the total amount of $4,775,539.15. N3. Approval of a recommendation from the Park and Recreation Commission of proposed policy regarding reservation and rental of special event areas and open spaces in parks. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 6 of 16 N4. Approval of a recommendation from the Park and Recreation Commission regarding proposed fee modifications for program activities and facilities operated by the Community Services Department. N5. Approval of a request from the Friends of the Pacific Electric Trail for City assistance with their 5th Annual Cucamonga Challenge, to be held May 8, 2010. N6. Approval for the purchase of five (5) full size half-ton trucks from Wondries Fleet Group of Alhambra, California, as per Request For Bid ("RFB") #09/10-005 in the amount of $24,664.51 from Acct. No. 1140303-5604 (LMD 10 Capital Outlay-Vehicles) and $112,113.69 from Acct. No. 1712001-5604 (Vehicle and Equipment~Replacement Fund), to be used by the Public Works Services Parks, Trees and Street Maintenance sections, Public Works Safety Coordinator, and Code Enforcement section. N7. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Measure "I" Six-Year Capital Improvement Program and Improvement Plan Expenditure Strategy for Measure "I" Funds covering Fiscal Years 2009/2015. RESOLUTION NO. 09-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" SIX-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 200912015 AND IMPROVEMENT PLAN EXPENDITURE STRATEGY FOR THE EXPENDITURE OF MEASURE "I" FUNDS N8: Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Measure "I" Five Year Capital Project Needs Analysis. RESOLUTION NO. 09-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS N9. Approval of a Resolution adopting a Memorandum of Understanding (CO 09-051) between the City of Rancho Cucamonga and the Mid-Manager/Supervisory Professional/General Employees for Fiscal Year 2009-10. RESOLUTION NO. 09-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND. THE MID- MANAGER/SUPERVISORY-PROFESSIONAL/GENERAL EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 N10. Approval of a Planned Drainage Facility Reimbursement Agreement, DRA-40 (CO 09-052), in conjunction with the development of Tract 17382, located on the east side of Center Avenue, between Arrow Route and 26`" Street, submitted by Lewis Investment Company, LLC. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 7 of 16 RESOLUTION NO. 09-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PLANNED DRAINAGE FACILITY REIMBURSEMENT AGREEMENT FOR MASTER PLAN STORM DRAIN LINE 58 IN HUMBOLDT AVENUE BETWEEN DEER CREEK CHANNEL AND MARINE AVENUE, DRA-40 N11. Approval of Utility Underground Reimbursement Agreement for Haven Avenue,(URA-24) (CO 09-053) and Utility Underground Reimbursement Agreement for Fourth Street (URA-25) (CO 09-054) for Parcel Map 17303 located on the northwest corner of Haven Avenue and Fourth Street, submitted by Hileman Company, LLC. RESOLUTION NO. 09-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING UTILITY UNDERGROUND REIMBURSEMENT AGREEMENT FOR HAVEN AVENUE (URA-24) AND UTILITY UNDERGROUND REIMBURSEMENT FOR FOURTH STREET (URA-25) FOR PARCEL MAP 17303 LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND FOURTH STREET N12. Approval of an annual agreement with Waxie Sanitary Supply for janitorial supplies utilizing the Western States Contracting Alliance (WSCA) Master Price Agreement #102-5031-5, for one (1) year, with one (1) two-year extension option contingent upon the renewal of WSCA Price Agreement #102-5031-5, in the amount of $120,000, to be funded from various Public Works and Landscape Maintenance District Accounts. N13. Approval to release the Maintenance Guarantee Bond for DRC2004-01244, located on the northeast corner of Civic Center Drive and Red Oak Drive, submitted by Abundant Living Family Church. N14. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2006-00866 (storm drain), located on the north side of 6`" Street, west of Etiwanda Avenue, submitted by RWC Enterprises, Inc. RESOLUTION NO. 09-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2006-00866 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N15. Approval to release the Maintenance Guarantee cash deposit for Parcel Map 17423 (street improvements), located at the northeast corner of Haven Avenue and Trademark Parkway, submitted by CIP Gateway 1 & 2, LLC. N16. Approval to accept Improvements, release the Faithful Performance cash deposit, accept a maintenance bond and file a Notice of Completion for improvements for Parcel Map 17818, located at the southeast corner of Foothill Boulevard and Rochester Avenue, submitted by Footchester Partners I, LLC. Redevelopment Agency, Fire Protection District, City.Council Minutes September 2, 2009 -Page 8 of 16 RESOLUTION NO. 09-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17818 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N17. Approval to release the Maintenance Guarantee cash deposit for Parcel Map 18209, located on the southeast corner of Haven Avenue and Jersey Boulevard, submitted by Rock-Jersey, LLC. N18. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 17594, located on the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by F & F, LLC. RESOLUTION NO. 09-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17594 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N19. Approval to accept current improvements, due to Verizon's suspension of installation of fiber optic facilities, and release all bonds, release balance of construction deposit of $46,860.64 from Trust Account 1882000-2305/1720-0, and file a Notice of Completion for improvements for Verizon FIOS Project (ROW2009-00053) located Citywide, submitted by Verizon California, Inc. RESOLUTION NO. 09-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR VERIZON FIOS PROJECT (ROW 2009-00053) N20. Approval to accept Improvements and file a Notice of Completion for improvements for Tract 16114 (Landscape Maintenance District No. 7 improvements) located on the east side of East Avenue, south of Wilson Avenue, submitted by Trimark Pacific-Rancho Cucamonga, LLC. RESOLUTION NO. 09-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16114 (LANDSCAPE MAINTENANCE DISTRICT NO. 7 IMPROVEMENTS) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N21. Approval to accept the Foothill Boulevard/Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project, Contract No. 09-176 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 $424,895.87. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 9 of 16 RESOLUTION NO. 09-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD/ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE PROJECT, CONTRACT NO. 09-176 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N22. Approval to accept the Above Ground Fuel Tank Improvement Project at the City Yard, Contract No. 08-115, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $655,290.75. RESOLUTION NO. 09-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ABOVE GROUND FUEL TANK IMPROVEMENT PROJECT AT THE CITY YARD, CONTRACT NO. 08-115 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N23. Approval to accept the Victoria Park Lane Pavement Rehabilitation from Fairmont Way to Rochester Avenue and from 300' east of Day Creek Boulevard to Base Line Road, Contract No. 09-199 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 $473,014. RESOLUTION NO. 09-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD, CONTRACT NO. 09-199, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N24. Approval to accept the Fiscal Year 2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, Part 2, Contract No. 09-200 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $719,467.72. RESOLUTION NO. 09-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 200912010 LOCAL STREET PAVEMENT REHABILITATION OVERLAY OF VARIOUS STREETS, PART 2, CONTRACT NO. 09-200, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N25. Approval to release Faithful. Performance Bond No. 0443906, retained in lieu of a Maintenance Guarantee Bond, in the amount of $1,035,208.05 for the Alfreda Ward Maloof Greenbelt Project, Contract No. 07-211. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 10 of 16 N26. Approval to accept the Fiscal Year 2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, Contract No. 09-187 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $791,787.21. RESOLUTION NO. 09-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2009/2010 LOCAL STREET PAVEMENT REHABILITATION OVERLAY OF VARIOUS STREETS PROJECT, CONTRACT NO. 09-187, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N27. Approval to accept the Hillside Road Pavement Rehabilitation from West City Limit to Beryl Street, Contract No. 09-202 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 $325,467.04. RESOLUTION NO. 09-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ;ACCEPTING THE HILLSIDE ROAD PAVEMENT REHABILITATION FROM WEST CITY LIMIT TO BERYL STREET IMPROVEMENTS, CONTRACT NO. 09-202 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0, with Mayor Pro Tem Michael being absent. O. CONSENT ORDINANCES The following Ordinance has 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. 01. ORDINANCE NO. 820 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 11 of 16 MOTION: Moved by Gutierrez, seconded by Williams, to adopt Ordinance No. 820 for second reading. Motion carried 4-0, with Mayor Pro Tem Michael being absent. P. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. P1. DEVELOPMENT CODE AMENDMENT DRC2008-00625 - CITY OF RANCHO CUCAMONGA - A request to amend the Development Code, Section 17.26, Wireless Communications Facilities. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. ORDINANCE NO. 821 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00625, REVISING REGULATIONS APPLICABLE TO THE INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES AND AMENDING CHAPTER 17.26 OF THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF Jennifer Nakamura, Associate Planner, gave the staff report In response to Mayor Kurth, Ms. Nakamura indicated that this Ordinance would allow wireless service in areas where it wouldn't have previously been possible. Also, she indicated that if we determined that utilities need to be placed underground in the future, the wireless companies would be notified of the need to relocate their equipment. In response to Councilmember Spagnolo, Ms. Nakamura confirmed that this Ordinance would allow the City the ability to regulate the placement of wireless communications facilities. She noted that the City is precluded from prohibiting towers, but can adopt regulations on the placement of the facilities. Councilmember Williams supported the adoption of the Ordinance and noted that most people would welcome the elimination of dead zones in their service. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading of Ordinance 821 and set second reading for October 7, 2009. Motion carried 4-0, with Mayor Pro Tem Michael being absent. P2. A REQUEST FOR AN EXTENSION OF THE INTERIM 45-DAY MORATORIUM FOR AN ADDITIONAL 10 AND Y: MONTHS PROHIBITING HUMAN AND ANIMAL CREMATORIES IN ALL LAND USE ZONES AND PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS WITHIN THE CITY OF RANCHO CUCAMONGA FOR SUCH FACILITIES Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 12 of 16 ORDINANCE NO. 818-A (URGENCY) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING INTERIM ORDINANCE N0.818, PROHIBITING CREMATORIES IN ALL LAND USE ZONES AND PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR SUCH USES WITHIN THE CITY OF RANCHO CUCAMONGA, AND DECLARING THE URGENCY THEREOF Don Granger, Senior Planner, gave the staff report. In response to Councilmember Williams, Mr. Granger indicated that the application for a crematorium has been withdrawn and the case has been closed. The purpose of the moratorium is to allow time to develop regulations in the event that an application is submitted in the future. Mayor Kurth opened the public hearing. John Lyons noted that office use was intended on Haven Avenue and indicated that this type of use should be located in the heavy industrial area. As there are heavy winds in this area, Mr. Lyons did not think that crematoriums should be located adjacent to any residential area. Mayor Kurth closed the public hearing. Councilmember Williams noted that all of the environmental impacts associated with this use should be fully explored before the use is allowed in a specific zone. MOTION: • Moved by Williams, seconded by Spagnolo, to adopt Ordinance No. 818-A by urgency. Motion carried 4-0, with Mayor Pro Tem Michael being absent. Q. C1TY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements 01. PUBLIC ACCESS KIOSK IN FRONT OF CITY HALL (Oral Report) Sid Siphosay, Information Services Analyst I, provided a PowerPoint presentation on the public access kiosk in front of City Hall. In response to Councilmember Gutierrez, Mr. Siphosay indicated that there are seven kiosks in various locations. In response to Councilmember Williams, it was noted that all information on the City's Internet sites are available at the public access kiosk. In response to Councilmember Spagnolo, Jahn Gillison, Deputy City Manager/Administrative Services confirmed that there is adequate lighting for the kiosk and discussed its unique features. Councilmember Williams suggested that a public access kiosk be placed at Victoria Gardens. 02. UPDATE ON CONCERNS RELATING TO CUCAMONGA CANYON ACCESS (Oral Report) Linda Daniels, Interim Deputy City ManagerlRedevelopment Director, stated that there was a meeting on August 31, 2009 with the residents. At that meeting, both long and short term solutions were discussed. The long term solution includes opening the gate, providing a paved parking area Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 13 of 16 with services and working with the U.S. Forest Service to patrol and provide proper maintenance of the area. Possible short term solutions include the establishment of a permit parking area, creating parking along Almond, working with the Forest Service to install signs regarding prohibited activities, working with adjacent property owners on the placement of no trespassing signs and increasing police patrol in the area. Mrs. Daniels noted that the City owns full right-of-way along a portion of Almond. This area could be graded and would allow approximately 40 cars. Signs could be installed directing people out of the neighborhood to the appropriate trail. She also discussed an option to establish a permit parking district, noting that 75% of the residents need to be supportive of the concept. The residents who attended the meeting recognized the need for outreach to other neighbors. Mrs. Daniels indicated that the residents were encouraged to call the Police Department and staff when there is a problem. In conclusion, she recommended that the matter be referred to a subcommittee so further work can be done. In response to Councilmember Gutierrez, parking along Almond was discussed. Councilmember Gutierrez expressed a concern with people walking through the neighborhood. It was noted that further discussion was needed. Councilmember Gutierrez stated that other options should be explored and inquired if a parking lot could be placed at the end of Almond. Visitors could travel through property owned by the Cucamonga Valley Water District. In response, Mrs. Daniels stated that although the District has been an active participant in the discussion, they have been hesitant to facilitate vehicular traffic. Oil and debris from vehicles could contaminate the water supply. Also discussed was the involvement of the private property owners adjacent to the neighborhood and speculation on how vehicles were accessing the area. Councilmember Spagnolo indicated that he supported parking regulations; however, he was concerned with how these regulations could affect other neighborhoods. He concurred with restrictive parking and signs as short term solution to the problem. Mayor Kurth noted that the U.S. Forest Service should be proactively addressing this matter. In response to Councilmember Gutierrez, Mrs. Daniels noted that there are no recognized Forest Service trails in this area. Councilmember Williams expressed a concern with fire in that area. She inquired if signage was in place prohibiting barbecues and incendiary devices in the canyon. Councilmember Williams also inquired about staffing at the Cucamonga Valley Water District plant. In response to Councilmember Williams, it was felt that District staff could notify the City of violations once signage was installed. Councilmember Spagnolo encouraged the Police and Fire Departments to be more proactive in the neighborhood until the matter can be resolved. Kathleen Norca confirmed that the problems are still occurring in the neighborhood. As a result of this matter, she noted that neighbors are talking about forming a neighborhood watch. She thanked the Council for their help. MOTION: Moved by Gutierrez, seconded by Williams, to refer the matter to the Public Works subcommittee. Motion carried 4-0, with Mayor Pro Tem Michael being absent. Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. R1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 14 of 16 Councilmember Spagnolo indicated that he attended the open house of Kids for Care. He encouraged families in need of day care services to visit the facility. Councilmember Spagnolo stressed the need for disaster preparedness and asked that the Mayor adjourn tonight's meeting in the memory of Fire Captain Tedmund Hall and Fire Fighter Specialist Arnaldo Quinones. Councilmember Gutierrez noted that he attended the services for Matthew Ramirez and urged the community to keep the Ramirez family in their prayers. He recently visited Cucamonga Canyon and provided photographs. Councilmember Williams stated that Kids for Care is a great program and noted that it will assist families in finding qualified job care. She congratulated the Chamber of Commerce on another successful Vintern's dinner. Councilmember Williams noted the recent volunteer recognition event and thanked all of the City's volunteers. Mayor Kurth noted that he attended the Royal Rangers Gold Medal of Achievement event. Last week, he contacted the Chaffey College President to discuss parking on campus and ended up taking a tour of the campus. Lastly, Mayor Kurth thanked the people from Cucamonga Canyon Fellowship. R2. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING AN APPOINTMENT TO THE PARK AND RECREATION COMMISSION Councilmember Williams reported that the Community Services Subcommittee met on August 19, 2009 and recommended that Kelly Matheny be appointed to fill the unexpired term of former Park and Recreation Commissioner Curtis Bray. MOTION: Moved by Williams, seconded by Spagnolo, to appoint Kelly Matheny to the Park and Recreation Commission to fill the unexpired term of former Park and Recreation Commissioner Curtis Bray. Motion carried 4-0, with Mayor Pro Tem Michael being absent. R3. LEGISLATIVE AND REGIONAL UPDATES (Oral Reports) Councilmember Spagnolo updated the City Council on the plans in the Senate and Assembly to reduce the prison population. There is a potential that whatever compromise is sent to the Governor could imbalance the State's budget. Councilmember Spagnolo also addressed AB 2, which requires the reduction of water consumption by 2020 and concerns surrounding the delta water system. Lastly, he reported that staff is watching the end of the State's legislative session to determine any impact to the City of Rancho Cucamonga. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 15 of 16 S. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:45 in memory of Matthew Brian Ramirez, Fire Captain Tedmund Hall and Fire Fighter Specialist Arnaldo Quinones. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 16 of 16 September 16, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY. FIRE DISTRICT AND CITY COUNCIL A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire District and City Council's regularly scheduled meeting of Wednesday, September 16, 2009 was canceled. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 1 of 1 September 24, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL/REDEVELOPMENT AGENCY/FIRE PROTECTION DISTRICT MINUTES TOUR AND SPECIAL JOINT MEETING WITH THE CHAFFEY COLLEGE GOVERNING BOARD A. CALL TO ORDER A tour and special joint meeting of the Rancho Cucamonga City Council/Redevelopment Agency/Fire Protection District and Chaffey College Governing Board was held on Thursday, September 24, 2009, at the Chaffey College Campus, located 5885 Haven Avenue, Rancho Cucamonga, California. MayorA/ice PresidenWice Chairman L. Dennis Michael called the meeting to order at 12:03 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo and Mayor Pro Tem/Vice PresidenWice Chairman L. Dennis Michael. CouncilmemberlBoardmember/Agencymember Diane Williams arrived at 12:07 p.m. Mayor/PresidenUChairman Donald J. Kurth was absent. Present from Chaffey College were Henry Shannon, SuperintendenUPresident Henry Shannon; Cid Pinedo, Executive Assistant to the President; Eva Ramirez, Executive Assistant; Steve Menzel, Vice PresidenU Administrative Services; Earl Davis, Vice PresidenUBusiness Services; David Ramirez, Director of Public Safety/Chief of Police and Peggy Cartwright, Director, Marketing and Public Relations. Present from the City were: Jack Lam, City ManagerlExecutive Director; Pamela Easter, Assistant City Manager; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; Trang Huynh, Building and Safety Official; Lt. Don Yoder, Rancho Cucamonga Police Department; Mark Steuer, Director Engineering Services/City Engineer; and Debra L. McKay, Assistant City Clerk/Records Manager. ...... B. TOUR OF THE CHAFFEY COLLEGE CAMPUS A tour of the campus was held, which left from the Marie Kane Center for Student ServiceslAdministration (Room 208). ...... C. RECESS The meeting adjourned at 2:05 p.m. ., _. _. Special City Council/Fire BoardlRedevelopment Agency/Chaffey College Governing Board Meeting September 24, 2009 Page 2 D. JOINT MEETING (STUDY SESSION) CALL TO ORDER - 3:00 P.M. A special joint meeting of the Rancho Cucamonga City Council/Redevelopment Agency/Fire Protection District and Chaffey College Governing Board was held on Thursday, September 24, 2009, at the Chaffey College Campus Center West, located 5885. Haven Avenue, Rancho Cucamonga, California. Mayor/Vice President/Vice Chairman L. Dennis Michael called the meeting to order at 3:02 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo and Mayor Pro TemlVice President/Vice Chairman L. Dennis Michael. CouncilmemberlBoardmember/Agencymember Diane Williams arrived at 3:25 p.m. Mayor/PresidenUChairman Donald J. Kurth was absent. Present were Chaffey College Board President Brugger, Vice President George and Boardmembers Gomez, McDougal and Roberts. Present from Chaffey College were Henry Shannon, SuperintendenUPresident; Cid Pinedo, Executive Assistant to the President; Sherrie Guerrero, Vice PresidenUlnstruction and Student Services; David Ramirez, Director of Public Safety/Chief of Police; James Applewhite, Student Trustee/President of Associated Students of Chaffey College and Ardon Alger, Chaffey Facility Senate President. The students who spoke at the meeting were: Sullivan Lewis, Leticia Romero and Ilse Argueta. Present from the City were: Jack Lam, City Manager/Executive Director; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; Trang Huynh, Building and Safety Official; Lt. Don Yoder, Rancho Cucamonga Police Department; Mark Steuer, Director Engineering Services/City Engineer; Mike Nelson, Economic Development Manager; Kurt Keating, Code Enforcement Supervisor and Debra L. McKay, Assistant City Clerk/Records Manager. On behalf of the Governing Board, Dr. Henry Shannon, SuperintendenUPresident welcomed the City Council and staff. Introductions were made. Dr. Henry Shannon gave a PowerPoint presentation regarding Chaffey College's impact on the community. The presentation highlighted the formation, curriculum and growth of the college since its founding. Information and photographs were shared with the City Council and the audience. Dr. Shannon addressed the opening of centers in Fontana and Ontario in the 1990s and the expansion of online services and classes in the 2000s. Dr. Shannon also identified the socioeconomic impact to the State and local economy. It was noted that the economy in the Chaffey Service Area receives roughly $896.6 million in income due to the past and present efforts of the college. Dr. Sherrie Guerrero, Vice PresidenUlnstruction and Student Services, spoke about the unprecedented enrollment at the college. She indicated that enrollment trends mirror the health of the economy and identified budget implications. Currently, there are 22,050 students enrolled of which 75% are from under-represented groups. Also discussed were enrollment patterns as well as the numerous degree and certificate programs offered by the college. Cid Pinedo, Executive Assistant to the President, provided an overview of construction projects completed and projects currently under construction. He also identified pending projects as well as projects being designed. Lastly, Mr. Pinedo discussed planned projects to be built in the future. Photographs, locations and project renderings were provided. A parking lot analysis was distributed, which showed an increase of 647 parking spaces at the college for a total of 3,733 parking stalls. Mr. Pinedo indicated that they have done their best to accommodate the unprecedented growth of students attending the college. In response to Mayor Pro Tem Michael, Mr. Pinedo addressed the future parking needs of the students. Parking is envisioned all around the perimeter of the campus. He indicated that funding is the limiting factor. Special City Council/Fire Board/Redevelopment Agency/Chaffey College Governing Board Meeting September 24, 2009 Page 3 James Applewhite, Student Trustee/President of Associated Students of Chaffey College, spoke about how Chaffey College has positively impacted his life. Sullivan Lewis, Leticia Romero and Ilse Argueta also addressed the City Council and Governing Board. Ardon Alger, Chaffey Facility Senate President provided information on recent Faculty accomplishments. Councilmember Gutierrez recognized that there was adequate parking at the college but noted that some students are parking in front of homes in residential areas. In response, Dr. Shannon recognized the concern and noted that proactive measures have been taken to try to address this concern. David Ramirez, Director of Public Safety/Chief of Police indicated that steps have been taken to maximize the amount of available parking. Also, students were directed to open parking lots during the first two weeks of school when a lot was full. In response to Mayor Pro Tem Michael, Mr. Pinedo addressed Lot #21. This lot is currently designated as an undeveloped overflow parking lot area. There are plans to improve the parking lot in the future, once funding becomes available. Vice President George.noted that the addition of 647 parking spaces for a total of 3,733 stalls. While it is hard to say how many students at any given time need parking, the heaviest use is on Tuesdays and Thursdays from 8:30 to 11:00 a.m. There are about 5,000 students at the College but some take the bus, carpool, etc. Councilmember Williams noted that some students are not committed to parking on campus and spoke about the need to communicate this goal to the students. Jack Lam, City Manager, indicated that a neighborhood can petition the City to establish a permit parking district. The Public Works Subcommittee has met with residents who live around the College, who have asked that a smaller permit parking zone be established. It is anticipated that an Ordinance establishing a smaller zone will be considered by the City Council later on this year. These meetings have raised aCity-wide policy issue as to the need for a much more aggressive parking enforcement program. Efforts are underway to allow the College police to issue citations in advance of the establishment of a permit parking district in the fall. Mayor Pro Tem Michael noted that the concerns at the College are not the only catalyst for this parking enforcement program. The program needs to be expanded to address vehicles in the fire lanes, people parking in spaces reserved for the handicapped, etc. On behalf of the City Council, Mayor Pro Tem Michael thanked the Governing Board and Faculty for the tour and for briefing the Council on the opportunities and challenges facing Chaffey College. ....._ D. ADJOURNMENT The meeting adjourned 4:05 p.m. Respectfully subm fitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: RANC~CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Re:?ister 8/26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00286985 8/26/2009 AECOM 33,528.40 AP - 00287012 8/26/2009 BANK OF NEW YORK TRUST COMPANY N.A., T 162,441.00 AP - 00287012 8/26/2009 BANK OF NEW YORK TRUST COMPANY N.A., T 537,559.00 AP - 00287024 8/26!2009 CALIFORNIA REDEVELOPMENT ASSOCIATION 26,570.00 AP - 00287073 8/26/2009 FEDERAL EXPRESS CORP 16.65 AP - 00287127 8/26/2009 MANNING ELECTRIC INC 2,467.95 AP - 00287166 8/26/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 4,749.99 AP - 00287178 ~ 8/26/2009 SAFCO CAPITAL CORP 29,265.87 AP - 00287180 8/26/2009 SALEM ENGINEERING GROUP INC 2,302.00 AP - 00287186 8/26/2009 SAN BERNARDINO COUNTY 232.00 AP - 00287186 8/26/2009 SAN BERNARDINO COUNTY 315.00 AP - 00287247 8/26/2009 URS CORPORATION 636.75 AP - 00287327 9/2/2009 CALIFORNIA CENTERS MAGAZINE INC. 3,500.00 AP - 00287337 9/2/2009 CHIPIN INC DBA SPROUT 114.00 AP - 00287343 9/2/2009 COSTAR REALTY INFORMATION INC 3,585.82 AP - 00287365 9/2/2009 FEDERAL EXPRESS CORP 11.44 AP - 00287365 9/2/2009 FEDERAL EXPRESS CORP 11.89 AP - 00287372 9/2/2009 GEOGRAPHICS 326.25 AP - 00287381 9/2/2009 HDL COREN AND CONE 4,200.00 AP - 00287392 9/2/2009 HUNT DESIGN ASSOCIATES INC 7,650.00 AP - 00287399 9/2/2009 INSIGHT PUBLIC SECTOR 913.29 AP - 00287404 9/2/2009 KEC COMPANY 1,395,788.86 AP - 00287404 9/2/2009 KEC COMPANY -139,578.89 AP - 00287419 9/2/2009 MARQUETTE COMMERCIAL FINANCE 5,413.58 AP - 00287442 9/2/2009 PBS&J INC 9,168.80 AP - 00287447 9/2/2009 PINES MOBILE HOME PARK, THE 800.00 AP - 00287502 9/2/2009 UNION BANK OF CALIFORNIA 139,578.89 AP - 00287516 9/2/2009 VEND U COMPANY 296.07 AP - 00287526 9/2/2009 WEST END MATERIAL SUPPLY 3,514.39 AP - 00287531 9/3/2009 PENDLETON PARTNERS INC 24,080.00 Total for Check ID AP: 2,259,459.00 Total for Entity: 2,259,459.00 P1 User: CHART -Carole Hart Page: ] Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Curren[ Date: 10/01/200 Time: 08:14:4 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Asenda Cheek Resister 9/9/2009 through 9/22/2009 Check No. Check Date Vendor Name Amount AF - 00287563 9/9/2009 CALIFORNIA TRAVEL MEDIA 9,367.00 AP - 00287572 9/9/2009 COSCO FIRE PROTECTION 1,605.00 AP - 00287572 9/9/2009 COSCO FIRE PROTECTION 1,765.00 AP - 00287573 9/9/2009 COSTAR REALTY INFORMATION INC 1,792.91 AP - 00287579 9/9/2009 DAN GUERRA AND ASSOCIATES 34,065.00 AP - 00287583 9!9/2009 DIVERSIFIED WINDOW COVERINGS INC 6,972.54 AP - 00287595 9!9/2009 FEDERAL EXPRESS CORP 20.17 AP - 00287600 919/2009 GEOGRAPHICS 546.47 AP - 00287600 9/9/2009 GEOGRAPHICS 2,648.95 AP - 00287600 9/9/2009 GEOGRAPHICS 386.33 AP - 00287600 919!2009 GEOGRAPHICS 2,987.36 AP - 00287609 9/9!2009 HILTI INC 357.68 AP - 00287616 9/9/2009 HEAL GLASS TINTING 300.00 AP - 00287639 9/9/2009 MIIAC ALARM COMPANY 85.00 AP - 00287651 9/9/2009 OFFICE DEPOT 62.38 AP - 00287651 9/9/2009 OFFICE DEPOT -37.36 AP - 00287651 9/9/2009 OFFICE DEPOT 4.05 AP - 00287651 9/9/2009 OFFICE DEPOT 37.36 AP - 00287651 9/9/2009 OFFICE DEPOT 163.82 AP - 00287651 9!9!2009 OFFICE DEPOT 26.50 AP - 00287667 9/9!2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 4,749.99 AP - 00287670 9/9!2009 RICHARD$ WATSON AND GERSHON 2,201.50 AP - 00287670 919!2009 RICHARDS WATSON AND GERSHON 726.00 AP - 00287670 9!9/2009 RICHARDS WATSON AND GERSHON 3,522.28 AP - 00287670 9/9/2009 RICHARDS WATSON AND GERSHON 18,353.92 AP - 00287670 9/9/2009 RICHARDS WATSON AND GERSHON 1,408.00 AP - 00287670 9/9/2009 RICHARDS WATSON AND GERSHON 496.19 AP - 00287670 9/9/2009 RICHARDS WATSON AND GERSHON 1,387.00 AP - 00287672 9/9/2009 RRM DESIGN GROUP 3,635.40 AP - 00287673 9/9/2009 SAFCO CAPITAL CORP 29,265.87 AP - 00287675 9/9!2009 SAN BERNARDINO COUNTY 5,143,892.00 AP - 00287693 9/9!2009 SOIL AND PLANT LABORATORY INC 389.38 AP - 00287693 9/9!2009 SOIL AND PLANT LABORATORY INC 325.63 AP - 00287702 9/9/2009 SUKUT CONSTRUCTION INC 116,566.75 AP - 00287702 9/9/2009 SUKUT CONSTRUCTION INC -11,656.68 AP - 00287715 9/9/2009 VERIZON BUSINESS 3,219.23 AP - 00287719 9/9/2009 WALTERS WHOLESALE ELECTRIC CO 30.06 AP - 00287719 9/9/2009 WALTERS WHOLESALE ELECTRIC CO 564.14 AP - 00287719 9/9/2009 WALTERS WHOLESALE ELECTRIC CO 1,353.48 AP - 00287723 9/9/2009 WILLDAN ASSOCIATES 1,000.00 AP - 00287761 9/16/2009 BEACON PROPERTY MGMT 250.00 AP - 00287789 9/16/2009 CONWAY DATA INC 7,000.00 AP - 00287792 9/16/2009 COSTAR REALTY INFORMATION INC 1,792.91 AP - 00287798 9/16/2009 DAN GUERRA AND ASSOCIATES 57,290.00 AP - 00287798 9/16/2009 DAN GUERRA AND ASSOCIATES 33,000.00 AP - 00287823 9/16!2009 FEDERAL EXPRESS CORP 22.08 AP - 00287842 9/16/2009 HEELER ARCHITECT, JOHN 25,000.00 AP - 00287857 9/16/2009 INTERNATIONAL COUNCIL OF SHOPPING CEN' 50.00 AP - 00287876 9/16/2009 MAIN STREET SIGNS 220.76 AP - 00287882 9/16/2009 MEGA WAY ENTERPRISES 141.65 AP - 00287882 9/16/2009 MEGA WAY ENTERPRISES -14.17 AP - 00287892 9/16/2009 NATIONAL FLOOD INSURANCE PROGRAM 9,200.00 AP • 00287892 9/16/2009 NATIONAL FLOOD INSURANCE PROD-RAM 925.00 AP - 00287902 9/16/2009 OFFICE DEPOT 69.64 P2 User: CHART -Carole Hart Page: 1 Report: CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 1 0/0 112 0 0 Time: 08:20:1 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 9/9/2009 through 9/22!2009 Check No. Check Date Vendor Name AP - 00287902 9/16/2009 OFFICE DEPOT ' AP - 00287975 9/1612009 THE DEALMAKERS AP - 00287999 9/16!2009 WESTERN FLOORING INC AP - 00287999 9/16/2009 WESTERN FLOORING INC AP - 00288008 9/17/2009 G AND M BUSINESS INTERIORS AP - 00288009 9/17/2009 NATIONAL FLOOD INSURANCE PROGRAM AP - 00288010 9/17/2009 NATIONAL FLOOD INSURANCE PROGRAM Total for Check ID AP: Total for Entity: User: CHART - Cazole Hart Page: 2 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout P3 Amount 231.01 1,750.00 15,600.00 -1,560.00 2,814.22 9,200.00 925.00 5,548,494.40 5,548,494.40 Current Date: 10!01/200 Time: 08:20:1 P4 m c O qE U U U T U C d a wO, ~ W ~ d £ ~ ~ A ~ o ~~ `7 N C ~ p ~ 0 Q s _ O V 0 v c a oa t V C i^,~ ~ i M n n ° ~ °o J O m N m M N W ~ N ~ I O N o em9 > N m m' h W J O m t ) m ~ s ~ N ~ o l o i c b M a o o ~ o m n n ~n ~ ~ ~ n eV N m r e O~ m n m N p e ~ N ~ ~ O '- o e a ° m n ° °D n ~ a p j o m O R N 0 M Oi N tD C 1G N m> n rn m rv v o m rn n A m V m A O t7 ^ ~ N ~ m ~ m m N O A ~ O m ^ m_ r n N N N T ^ CO m N N N N N N d ~ ~ ~d a~', 1 P N O O o a o m 0 O m O 1~ m m N m W 01 O [~ m N N m N o o rn ui o o m m O O N N ~ O N m O O m N (7 In m N M ~' N N N a t+l O N N i m O m b M A b A N c d C J J O O d u U n ~ c ~ 'o K U a d w d y d c ~j` C ~ J d c d Q y d Q q r C d q d a m 'o JO IL ~ (~ Y C d d 7 C n yM N N N ~ YI C O m N d R U iFJ a d C J 4 w 9 V YU ~. d C U C A ¢ to « t c ~ O ~ a m U $" 2 0 U afi6 y f~- F « d a C " > y O a~ n {p ~ m ~ G Vl ~ d ~ N C U - 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N tl n O OI O~ b CO q E ~ O 0 ~ 0 O 0 C~ 0 ~ Mi a ~ •°= N Q~ _ ~ xx c S L' g '~.° ni ~ wi q- n" O N d c $ ~ ~ m = d o E m ~' ~ ~ l 4 Qf ~` F N O e ~6 m Q,~~, ` `off O' R . ~ w ~~ 4 ~ ~ Q c ~ N N ~, r $ m ~ o r 0 T N L U N C C O ~ pO O pO S q ~/Q ~ fV ~ N m ~ 2 W O q O ~ ai r y t W J ? a ~ ~ ~ y ~ Q ~ > ~ > ~ L J U y y w G O ~ q 'p C O > > LL U > E o ~ o ~ ~ ~ q q e m C a C r C N Q r A m ~ U J > IL C P24 STAFF REPORT ~'~-r ADMINISTRATIVE SERVICES DEPARTMENT ~"j.~~ RANCHO t Date: October 7, 2009 C,,UCAMONGA To: Mayor and Members of the Redevelopment Agency Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City ManagerlAdministrative Services /~ By: ~ Sandra G. Ramirez, Management Analyst III Subject: APPROVAL TO ADOPT ANNUAL STATEMEN OF INVESTMENT POLICY 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. California 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 two modifications for your approval. The first change pertains to authorized investments. In addition to the other permitted investments authorized by this policy, the proposed modification adds Municipals (Warrants, Notes & Bonds), taxable or tax-exempt bonds, notes, warrants or other evidences of indebtedness of the State or any local agency within the State of California to the list of authorized investments pursuant to California Government Code Section 53601 {c) and (d). The second change pertains to the existing authorized permitted investments under Negotiable Certificates of Deposit to include investment in "FDIC-Insured Certificates of Deposit" with the same percentage limits (30%) and maximum maturity (5 years) as the Negotiable Certificates of Deposit. 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 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. P25 APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY PAGE 2 OCrORER 7.2009 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. Attachments P26 Rancho Cucamonga Redevelopment Agency Statement of Investment Policy RANCHO CUCAMONGA REDEVELOPMENT AGENCY STATEMENT OF INVESTMENT POLICY 2009 RANCHO CUCAMONGA CALIFORNIA Prepared by the Administrative Services Department John R. Gillison, Treasurer P27 STATEMENT OF INVESTMENT POLICY RANCHO CUCAMONGA REDEVELOPMENT AGENCY INTRODUCTION 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 arising from mazket changes or issuer default. SCOPE The investment policy applies to all investment activities of the Rancho Cucamonga Redevelopment Agency. These funds aze 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" standazd 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 far investment, considering the probable safety of their capital as well as the probable income to be derived Rev: 9/2009 P28 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" aze 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 mazket value are avoided. The Agency shall seek to preserve principal by mitigating the two types of risk: credit risk and mazket 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. Rev: 9/2009 2 P29 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 stmcturing 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. 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 financiallinvestment positions that could be related to the performance of the Agency's portfolio, particulazly with regard to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees aze required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). AUTHORIZED BROKERlDEALERS The Agency will transact business only with approved investment securities broker/dealers that aze approved as an authorized broker(dealer in compliance with the Agency selection process. The Treasurer shall request all brokerldealers 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 aze authorized to provide investment services to the Agency. Rev: 9/2009 P30 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. AUTHORIZED INVESTMENTS The Agency is authorized by California Government 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 FERCENTAGES MATURITY* (See Government Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 yeazs* Municipals (Warrants, Notes & Bonds) 30% 5 yeazs* Taxable or tax-exemp[ bonds, notes, warrants, or other evidences of indebtedness of the State or any local agency within the Stale of California with a minimum long-term rating ofeither "AI " by Moody's Investors Service, or "A+" by Standard & Paor's, the minimum short-term rating ofeither "MIG 1 " by Moody's Irrvestors Service, or "SP-1 " by Standard & Poor's, (the minimum rating shall apply to arty agency, irrespective of arty credit enhancement), including bonds, notes, warrants, or other evidences of indebtedness payable solely out of the revenues from a revenue producing property owned, controllet~ or operated by either the State or local agency, a department, board, agency, or authority of the State or local agency, or of arty local agency within this state. Certif cater of Deposit (or Time Deposits) Unlimited 5 yeazs* Placed with commercial banks and/or savings and loan companies. Negotiable Certificates of Deposit 30% 5 years* FDIC -Insured Certificates of Deposit 30% 5 yeazs* Banker's Acceptances 40% 180 days Commercial Paper 30% 270 days Investments in Commercial Paper must be only with corporations with at least $S00 million in assets. Must be of `prime" quality of the highest rating or ofthe 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 il' 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 Rev: 9/2009 P31 MAXIMUM INVESTMENTS/DEPOSITS PERCENTAGES MATURITY* Deposit of Funds (See Government Code Section 53630 -Ref. C) n/a Repurchase Agreements (Repos) 20% 1 yeaz The market value of the securities that underlay the repurchase agreement must be valued at 102% or greater the funds borrowed agains[ 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 yeazs Investments in Medium Term Corporate Notes must be issued by corporations organized and operating within the United States. Securities eligible far investment must be rated "AA" or better by Moody s or Standard & Poor's rating services. Investment Agreements*** 5% 397 days Irrvestnrent agreements, guaranteed irrvestnrent contracts, funding agreements, or arty other form of corporate »ote 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 itse f rated, as of the date of execution thereof, in one of the two highest rating categories 6y two or more rating agencies; or, which are collateralized at least 700%with U.S. Government securities. * Mazimum 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.4greements 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 1, 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 aze purchased under the authority of Government Code Sections 16430 and 16480. Ail investments are purchased at market, and market valuation is conducted monthly. Rev: 9/2009 P32 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: 1. Be registered or exempt from registration with the Securities and Exchange Commission. 2. Have not less than five (5) yeazs 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 are 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. 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 aze 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. REPORTING 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: Rev: 9/2009 6 P33 • 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 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. 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. ~R QOL ~/3a/jl John R. Gillison Date Treasurer Rancho Cucamonga Redevelopment Agency Rev: 9/Z009 ',~,~' ~~_= Rancho Cucamonga Redevelopment Agency Statement of Investment Polley 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. P34 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 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 aze 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. P35 2 ~~ •~~; _ ~~.. /.`!~a5 Rancho Cucamonga Redevelopment 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 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 aze traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Govemment 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 FHCB 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. P36 ERN: Floating Rate Note. ~: Rancho Cucamonga Redevelopment Agency Statement of Investment 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 ofen 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 mazketing 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. P37 Rancho Cucamonga RedevelopmentAgency Statement of Investment Policy MATURTTY: 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 sti11 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 MaRKFT 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 LOS5: 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. P38 PRICE RISK: Volatility --.. "~,..;-. ~~_ Rancho Cucamonga Redevelopment Agency 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 1rst. 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 ofcapital. 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. P39 6 ~~ Rancho Cucamonga Redevelopment Agency Statement o, f Investment Policy SALLIE MAE: Trade name for the Student Loan Marketing Association. SECONDARY MaRKFT: 1) A mazket 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. SHORTISELL 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-teen 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 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. P40 VALUE OF 1132 PER MII,LION: $312.50 Rancho Cucamonga Redevelopment Agency ,Statement oflnvestment Poticy WHEN ISSUED BASIS-WIB-WI: A term applied to securities that aze 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 dollaz 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 MATURITYlNET YIELD: The current income yield minus any premium above par, or plus any discount from paz in the purchase price with the adjustment spread over the period from date of purchase to maturity. P41 I:WDMIN\SANDY\Treasury6Mnual Investment Policies 091 GLOSSARY 09 RDA.doc P42 STAFF REPORT- RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ~ANCHO Date: October 7, 2009 CUCAMONGA To: Chairman and Members of the Redevelopment Agency President and Member~j /f the Board of Directors From: Mike Bell, Fire Chief ~~~ By: Tim Fejeran, Fire Inspector Pamela Pane, Management Analyst II Keri Hinojos, Senior Buyer Subject: APPROVAL FOR THE PURCHASE OF EIGHTEEN (18) COUNTY ISD- CELLULAR/GPS MODEMS/ANTENNA KIT, TWENTY-ONE (21) COUNTY ISD MOTOROLA RDLAP VRM RADIO MODEMS (USED), AND TWENTY-ONE (21) TR4 TECH MDC LICENSES, FOR THE DISPATCH TRANSITION PROJECT, AS A SINGLE SOURCE PURCHASE FROM CONFIRE OF RIALTO, IN THE AMOUNT OF x60,575.70 70 BE FUNDED FROM ACCOUNT NUMBERS 2505801-5605 x41,375.60 AND 3289501-5603 x19,200.10 RECOMMENDATION Approval of the purchase of eighteen (18) County ISD-cellular/GPS modems/antenna kit, twenty- one (21) County ISD Motorola RDLAP VRM radio modems (used), and twenty-one (21) Tri-Tech MDC licenses, for the Dispatch Transition Project, as a single source purchase from CONFIRE of Rialto, in the amount of $60,575.70 to be funded from account numbers 2505801-5605 for $41,375.60 and 3289501-5603 for $19,200.10. BACKGROUND/ANALYSIS On May 20, 2009, the Board of Directors approved a contract with CONFIRE to provide dispatch and emergency communications services for the Fire District. To complete the dispatch transition process it is necessary to purchase this equipment through CONFIRE to connect to the County ISD network. The equipment meets County and ISD requirements for security protocols and standardization. The District provided research conducted and specifications for the modems and licenses to the Purchasing Department. They were thoroughly reviewed and then sent directly to CONFIRE for a Request for Quote. In reviewing the response, District and Purchasing staff has determined it to be in the District's best interest to award the purchase to CONFIRE as a single source. The single source justification and all back-up documentation are on file in the Purchasing Department. Respectfully submitted, %~~~~%~ Mike Bell Fire Chief STAFF REPORT REDEVELOPMENT AGENCY Date: October 7, 2009 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Linda Daniels, Redevelopment Director By: Donna Finch, Redevelopment Analyst I , RANCHO CUCAMONGA Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $178,360.00 TO THE APPARENT LOW BIDDER, A GOOD SIGN COMPANY, AND AUTHORIZE THE EXPENDITURE OF A 20% CONTINGENCY IN THE AMOUNT OF $35,672.00 FOR THE DIRECTIONAL GUIDE SIGN PROJECT, TO BE FUNDED FROM ECONOMIC DEVELOPMENT FUNDS, ACCOUT NO.2620801-5110/620-6015. RECOMMENDATION It is recommended that the Redevelopment Agency accept the bids received and award and authorize the execution of the contract in the amount of $178,360 to the apparent low bidder, A Good Sign Company, and authorize the expenditure of a 20% contingency in the amount of $35,672.00 for the Directional Guide Sign Project, to be funded from Economic Development Funds, Account No. 2620801-5110/620-6015. BACKGROUND/ANALYSIS Per previous Agency action, bids were solicited, received and opened on September 22, 2009 for the subject project. The Engineer's estimate for the bid was $233,900.00. 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 found the apparent low bidder, A Good Sign Company, meets the requirements of the bid documents. The scope of work for the Directional Guide Sign Project consists of fabrication and installation of three sign types that will provide vehicular directional assistance to our many civic, historic and tourist-oriented venues located throughout the City. The primary directional signs, which are the largest of the three sign types, will be placed in medians along primary city entrance points and will be used to direct travelers to regional venues such as Victoria Gardens and the Epicenter. The secondary directional signs will be placed along City corridors and provide direction to commonly visited venues such as City Hafl and the Library. The destination signs are the smallest of the three sign types and will be used to identify specific venues of interest such as the Rains House and the Department of Motor Vehicles. The contract documents call for one hundred and twenty (120) working days to complete the fabrication and installation work for this project. Respectfully submitted, Linda D. Daniels Redevelopment Director P43 cc: Jerry Dyer, Senior Civil Engineer P44 . . STAFF REPORT ENGINEERING DEPAR"CMEN'1' RANCHO Date: October 7, 2009 ~UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer (~ Subject: APPROVAL FOR AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $316,809.00 TO JACOBS ENGINEERING, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE, AMOUNT OF $31,680.90 FOR CONSTRUCTION SUPPORT SERVICES FOR THE FOOTHILL BOULEVARD STREET WIDENING PROJECT FROM SAN BERNARDINO ROAD TO VINEYARD AVENUE, TO BE FUNDED FROM 2001 TAX ALLOCATION BOND FUNDS, ACCOUNT NO. 2650801-5650/1189650-6314 It is recommended that the Redevelopment Agency approve the award and authorize the execution of the contract in the amount of $316,809.00 to Jacobs Engineering, and authorize the expenditure of a 10% contingency in the amount of $31,680.90 for construction support services for the Foothill Boulevard Street Widening Project from San Bernardino Road to Vineyard Avenue, to be funded from 2001 Tax Allocation Bond Funds, Account No. 2650801-5650/1189650-6314. BACKGROUNDlANALYSIS This contract is for the Foothill Boulevard Street Widening Project from San Bernardino Road to Vineyard Avenue and for Jacobs Engineering to provide construction support services which include technical support for submittal review and change orders for the design and construction of the bridge, attend meetings, and related support services. Respectfully submitted, M irec gineering Service 'ty Engineer MAS/CB:Is Attachment P45 STAFF REPORT ENGINEERING SERVICES DEP~IRTMENT Oate: October 7, 2009 To: Mayor and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walt Stickney, Associate EngineerL, ,' Shelley Hayes, Assistant Engineer~..~.~ P46 RANCHO CUCAMONGA Subject: ACCEPT THE DEMENS BASIN FILL PROJECT, CONTRACT NO. RA09-011 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 $519,277.75 It is recommended that the Redevelopment Agency accept the Demens Basin Fill Project, Contract No. RA09-011, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $495,730.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $51,927.78, 35 days after acceptance. Also, approve the final contract amount of $519,277.75. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Demens Basin Fill Project improvements scope of work consisted of the excavation of fill dirt from the north end of Amethyst Avenue (dirt stockpile site), the transporting of fill dirt to the Demens Basin project site (fill site) and the fill and compaction of dirt in the fill site. The work was done to provide a rough graded pad for the future Fire station which will occupy the site. Pertinent information of the project is as follows: - Budgeted Amount: - Account Numbers: - Engineer's Estimate: - Redevelopment Agency's Approval to Advertise: - Publish dates for local paper: - Bid Opening: - Contract Award Date: $1,600,000.00 2502801-5650/1694502-0 $1,599,500.00 April 15, 2009 April 21 and 28, 2009 May 27, 2009 June 17, 2009 P47 REDEVELOPMENT AGENCY STAFF REPORT Re: Accept Demens Basin Fill Project October 7, 2009 Page 2 - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: Sukut Construction Inc. $495,730.00 $49, 573.00 $519,277.75 $23,547.75 (4.75%) The net increase in the total cost of the project is a result of four (4) Contract Change Orders (including the Balancing Statement). The most notable change significant to the increase of the Contract amount is 4,675 cubic yards more import than originally bid and the Balancing Statement accounted for that change and other minor increases and decreases in the project bid quantities. Respectfully submitted, e-~~~~`~L._ Director of Engineering Services/City Engineer MAS/W S/SH:Is Attachment P48 PROJECT Vicin~~y Map Demens Basin Fill Project (north end ofAmethystAve &. Hellman Ave south of Hillside Ave P49 RESOLUTION NO. JQ~J- ~ 9-' t~J~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE DEMENS BASIN FILL PROJECT, CONTRACT NO. RA09- 011 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Demens Basin Fill Project, Contract No. RA09-011, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the Redevelopment Agency of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and fife a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT REDEVELOPMENT AGENCY RANCHO Date: October 7, 2009 C,UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Linda Daniels, Redevelopment Director Subject: APPROVAL TO SUPPORT THE CALIFORNIA REDEVELOPMENT ASSOCIATION'S (CRA) LEGAL CHALLENGE VS. THE STATE OF CALIFORNIA TO PREVENT THE TAKEAWAY OF REDEVELOPMENT AGENCY FUNDS. RECOMMENDATION: It is recommended that the Redevelopment Agency offer its support for the California Redevelopment Association's (CRA) legal challenge vs. the State of California to prevent the take away of redevelopment agency funds. BAC KGROUNDlANALYSIS: In Apri12009, Sacramento County Superior Court ruled that State raids of redevelopment funds are unconstitutional, invalidating a 2008 state budget bill to take $350 million in redevelopment funds. That decision was later appealed by the State of California. On September 28, 2009, the State of California dropped its appeal of a Sacramento Superior Court ruling which found the 2008 state budget provision taking $350 million in redevelopment funds was illegal. The State's abandonment of the appeal means the Superior Court ruling in favor of CRA is final and binding. Though this action now closes the first case, CRA v. Genest, CRA will have to file a second lawsuit against the State challenging its $2.05 billion redevelopment raid included in the state budget passed in July 2009. CRA contends the second state budget raid is no different than the first raid in 2008 which was ruled unconstitutional. Despite the clear unconstitutionality and the Superior Court ruling, just three months later in July 2009, legislators and the Governor approved budget bill ABX4-26 which authorizes a $2.05 billion raid of local redevelopment funds, including $1.7 billion in the 2009-10 fiscal year and another $350 million in 2010-11. The Rancho Cucamonga R_e_d_evelopment Agency's share over the next two P50 Redevelopment agencies and the communities they serve will be significantly impacted if the takeaway of redevelopment funds occurs. P51 APPROVAL TO SUPPORT THE CALIFORNIA REDEVELOPMENT ASSOCIATION'S (CRA) PAGE 2 LEGAL CHALLENGE VS. THE STATE OF CALIFORNIA TO PREVENT THE TAKEAWAY OF REDEVELOPMENT AGENCY FUNDS OCTOBER 7, 2009 State and Federal Constitutions prohibit the Legislature from enacting laws that impair the obligation of contract. Raiding $2.05 billion in redevelopment funds will jeopardize bond covenants and other contractual obligations entered into by many redevelopment agencies creating an unconstitutional impairment of contract. Under Article XVI, Section 16 of the State Constitution, redevelopment agencies irrevocably pledge tax increment to pay bonds and other obligations that raise capital for the redevelopment project. By redirecting funds that are pledged to pay back bonds and other creditors, AB 26 4x impairs the contractual pledge of revenues on which redevelopment financing is based. The magnitude of this redevelopment raid will force many agencies to stop work on important redevelopment projects, stalling or killing vital economic revitalization, affordable housing, infrastructure, and other projects that are critical in a down economy. According to an economic arialysis prepared for CRA, $2.05 billion in redevelopment revenues could support 198,000 full- and part-time jobs in the construction and related industries. At a time when California unemployment is 12%. these raids are job killers that will further stall our economic recovery. The second lawsuit will be filed shortly, also in Sacramento Superior Court. Since the payments from redevelopment agencies are due in May 2010, CRA will seek a Superior Court ruling before then. CRA is close to finalizing the necessary briefs and court documents for the second lawsuit, and plans to file a legal challenge to AB 26 4x in Sacramento Superior Court in just a few weeks. After reviewing responses from dozens of agencies and interviewing those believed to be the best plaintiffs with the best facts, CRA's litigation team has asked the Union City and Fountain Valley redevelopment agencies to join CRA as plaintiffs in the litigation. Even though CRA anticipates that the 2009 raids will be found unconstitutional, this irresponsible action by State Legislators and the Governor means redevelopment agencies must set aside funding now and put necessary projects on hold in case the ruling goes against them. That unavoidably delays economic development and job creation, directly harming local communities and stalling economic recovery. Therefore, due to the significant impact on Rancho Cucamonga's economy, it is recommended that the Rancho Cucamonga Redevelopment Agency join with the California Redevelopment Association and other redevelopment agencies in California in support of the CRA's ensuing lawsuit. Respectfully submittep~~~ n Lind"a. D. Drna el~' ,t-~~'/~ Redevelopment Director RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Aeenda Check Register 8/2612009 through 9/8/20b9 heck No. CheckDate Vendor Name Amount AP - 00286983 8/26/2009 ADAPT CONSULTING INC 301.79 AP - 00286989 8/2612009 ALL CITIES TOOLS 168.45 AP - 00286989 8/26/2009 ALL CITIES TOOLS 383.41 AP - 00287025 8/26/2009 CALPERS 4,646.00 AP - 00287025 8/26/2009 CALPERS 221.29 AP - 00287030 8/26/2009 CFCA-EMS SECTION-SOUTHERN DIVISION 150.00 AP - 00287060 8!26!2009 EIGHTH AVENUE ENTERPRISE LLC 311.68 AP - 00287077 8/2612009 FRANKLIN TRUCK PARTS 1,399.07 AP - 00287089 8/26/2009 GRAINGER 220.96 AP - 00287097 8!26!2009 HOSE MAN INC 112.61 AP - 00287111 8/2612009 KME FIRE APPARATUS 269.65 AP - 00287111 8!26/2009 KME FIRE APPARATUS 124.96 AP - 00287120 8126/2009 LAWSON PRODUCTS INC 456.74 AP - 00287124 8!2612009 LOS ANGELES FREIGHTLINER 114.25 AP - 00287125 8!2612009 MACIAS GINI & O'CONELL LLP 3,562.50 AP - 00287131 8/26/2009 MCCLIMAN, MICHAEL 130.00 AP - 00287159 8/26/2009 POLISHED IMAGE AND SUPPLY 136.69 AP - 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00287325 9!2/2009 A~,SCO 47.47 AP - 00287325 9!2/2009 ALSCO 47.47 AP - 00287325 9/2/2009 ALSCO 64.14 AP - 00287325 9/2/2009 ALSCO 41.60 AP - 00287325 9!2!2009 ALSCO 41.60 AP - 00287325 9/2/2009 ALSCO ~ 62.48 AP - 00287325 9/2!2009 ALSCO 104.68 AP - 00287325 9!2!2009 ALSCO 45.85 AP - 00287325 9/2!2009 ALSCO 57.75 AP - 00287325 9/212009 ALSCO 39.53 AP - 00287325 9/2!2009 ALSCO 39.53 AP - 00287331 9/2/2009 CARSON, DANIEL 773.31 AP - 00287340 9/212009 COMMERCIAL DOOR COMPANY INC 433.44 AP - 00287341 9/2/2009 CONSUMERS PIPE 240.00 AP - 00287342 9/2/2009 COPIES & INK PRINTING INC. ~ 59.29 AP - 00287347 9!212009 CUCAMONGA VALLEY WATER DISTRICT 1,054.95 AP - 00287347 9!212009 CUCAMONGA VALLEY WATER DISTRICT 199.69 AP - 00287347 9/2/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00287350 9!2!2009 DANIELS TIRE SERVICE 2,621.07 AP - 00287350 9/2/2009 DANIELS TIRE SERVICE -2,376.10 AP - 00287361 9/2/2009 EMS PERSONNEL FUND 130.00 AP - 00287374 9/2/2009 GRAINGER 220.96 AP - 00287399 9/2/2009 INSIGHT PUBLIC SECTOR 913.30 AP - 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00287457 9/2/2009 RAYNE WATER CONDITIONING INC 24.50 AP - 00287467 912(2009 RRM DESIGN GROUP 27,138.86 AP - 00287469 9/2/2009 SAN ANTONIO COMMUNITY HOSPITAL 80.00 AP - 00287472 9/2(2009 SAN BERNARDINO CTY FIRE PREVENTION OFf 100.'00 AP - 00287472 9/2/2009 SAN BERNARDINO CTY FIRE PREVENTION OFF 200.00 AP - 00287475 9/2/2009 SCFMA 40.00 AP - 00287475 9/2/2009 SCFMA 40.00 AP - 00287475 9!2/2009 SCFMA 40.00 AP - 00287475 9/2/2009 SCFMA 40.00 AP - 00287482 9/2/2009 SMART AND FINAL 130.74 P53 User: CHART - Cazole Hart Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10101/200 Time: 08:16:4 RANCHO CUCAMONGA Ii'IRE PROTECTION DISTRICT P54 Agenda Check Register 8/26l2009through 9!8/2009 Check No. Chock Date Vendor Name Amount AP - 00287482 9/2/2009 SMART AND FINAL 42.75 AP - 00287482 9/2/2009 SMART AND FINAL 95.22 AP - 00287482 9!212009 SMART AND FINAL 55.35 AP - 00287485 9/2!2009 SOCAL FPO 55.00 AP - 00287486 9/212009 SOCAL FPO 55.00 AP - 00287490 9/2!2009 SOUTHERN CALIFORNIA EDISON 1,000.62 AP - 00287490 9/2/2009 SOUTHERN CALIFORNIA EDISON 2,718.70 AP - 00287490 9!212009 SOUTHERN CALIFORNIA EDISON 1,527.65 AP - 00287494 9!2/2009 SUN BADGE CO 396.15 AP - 00287501 9!2/2009 UNIFIRST UNIFORM SERVICE 58.12 AP - 00281501 9/212009 UNIFIRST UNIFORM SERVICE 61.66 AP - 00287501 9/2!2009 UNIFIRST UNIFORM SERVICE 58.72 AP - 00287514 9/2!2009 VAN GAALEN LOCK & KEY 708.06 AP - 00287517 9!212009 VERIZON BUSINESS 8.00 AP - 00287518 9/2/2009 VERiZON WIRELESS - LA 60.14 AP - 00287518 9/2/2009 VERIZON WIRELESS - LA 621.64 AP - 00287518 9/2/2009 VERIZON WIRELESS - LA 41.24 AP - 00287518 9!2!2009 VERiZON WIRELESS - LA 76.51 AP - 00281518 9!2!2009 VERIZON WIRELESS - LA 76.49 AP - 00287518 9/2!2009 VERIZON WIRELESS - LA 86.25 AP - 00281519 9/2/2009 VERIZON WIRELESS - LA 35.42 AP - 00287520 9/2/2009 VERIZON WIRELESS - LA 399.50 AP - 00287522 9/212009 VERIZON 475.89 AP - 00287522 9!2/2009 VERIZON - 475.89 AP - 00287522 9/2!2009 VERIZON 57.67 AP - 00287522 9/2/2009 VERIZON 35.52 AP - 00287522 9/2/2009 VERIZON 39.10 AP - 00287522 9/2/2009 VERIZON 475.89 . 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Check No. Check Date Vendor Name Amount AP - 00287537 9!912009 ADAPT CONSULTING INC 607.00 AP - 0028?550 9/9/2009 BALL, ROBERT 65.24 AP - 00287551 9!9/2009 BARREDA, AUGIE 500.00 AP - 00287551 9/9/2009 BARREDA, AUGIE 80.00 AP - 00287556 9/9/2009 BURTON'S FIRE INC 478.73 AP - 002$7557 9/9/2009 CAL EMA-FIRESCOPE 918.94 AP - 00287559 9/912009 CALIFORNIA FIRE CHIEFS ASSOC. 525.00 AP - 00287559 9/9/2009 CALIFORNIA FIRE CHIEFS ASSOC. 225.00 AP - 00287570 9/9/2009 COMEAU, CHAD 140.00 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 284.44 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 138.95 AP - 00287596 919!2009 FERRER, GABRIEL 648.00 AP - 00287597 9/9/2009 FIREMASTER 186.37 AP - 00287599 9/9/2009 FRANKLIN TRUCK PARTS 466.35 AP - 00287613 9/9/2009 HOSE MAN INC 22.27 AP - 00287617 9/9/2009 INDUSTRIAL EMERGENCY COUNCIL 1,300.00 AP - 00287617 9/9/2009 IIdDUSTRIAL EMERGENCY COUNCIL 1,500.00 AP - 00287630 9/9/2009 LIFE ASSIST INC 222.45 AP - 00287632 9/9/2009 LOS ANGELES CITY FIRE 150.00 AP - 00287632 9/9/2009 LOS ANGELES CITY FIRE 150.00 AP - 00287632 9/9/2009 LOS ANGELES CITY FIRE 150.00 AP - 00287634 9/9/2009 MACIAS GINI & O'CONELL LLP 3,225.00 AP - 00287636 9/9/2009 MARLINK AS INC 117.00 AP - 00287637 9/9/2009 MARQUETTE COMMERCIAL FINANCE 455.66 AP • 00287644 9/9/2009 NAPA AUTO PARTS 8.00 AP - 00287644 9/9/2009 NAPA AUTO PARTS 18.47 AP - 00287644 9/9/2009 NAPA AUTO PARTS 28.25 AP - 00287644 919/2009 NAPA AUTO PARTS 14.13 AP - 00287644 919!2009 NAPA AUTO PARTS 9.77 AP - 00287644 9/9/2009 NAPA AUTO PARTS 271 AP - 00287645 9/9/2009 NATIONAL CONSTRUCTION RENTALS INC 1,858.80 AP - 00287647 9!912009 NEXTEL 38.60 AP - 00287649 9!9/2009 NUSTAGROUP.COM 65.26 AP - 00287654 9/9/2009 PANERA 449.50 AP - 00287660 9/9/2009 PIT STOP EMBROIDERY AND SCREEN PRINT 38.06 AP - 00287665 9/9/2009 PROBST, GARY 145.63 AP - 00287670 9/9/2009 RICHARDS WATSON AND GERSHON 1,564.00 AP - 00287678 9/9/2009 SAN BERNARDINO CTY FIRE PREVENTION OFF 200.00 AP - 00287679 9/9/2009 SAN BERNARDINO CTY FIRE PREVENTION OFF 100.00 AP - 00287680 9/9/2009 SAN BERNARDINO CTY FLOOD CONTROL DIST 300.00 AP - 00287680 9/9/2009 SAN BERNARDINO CTY FLOOD CONTROL DIST 173.86 AP - 00287681 9/9/2009 SANTA ANA COLLEGE 150.00 AP - 00287690 919!2009 SIGNCRAFTERS OF RANCHO CUCAMONGA 54.38 AP - 00287691 9/9/2009 SMART AND FINAL 211.33 AP - 00287709 9/9/2009 UNIFIRST UNIFORM SERVICE 61.66 AP - 00287716 9/9!2009 VERTZON 111.66 AP - 00287716 9/9/2009 VERIZON 106.54 AP - 00287727 9!16/2009 25 DOLLAR PLUMBING HEATING & AIR CONDI' 130.00 AP - 00287735 9/16/2009 ALL CITIES TOOLS 48.68 AP - 00287735 9/1612009 ALL CITIES TOOLS 156.88 AP - 00287738 9/16/2009 ALLSTAR FIRE EQUIPMENT INC 636.04 AP - 00287738 9/16/2009 ALLSTAR FIRE EQUIPMENT INC 1,253.55 AP - 00287738 9/16/2009 ALLSTAR FIRE EQUIPMENT INC 1,073.67 AP - 00287774 9/16/2009 CARQUEST AUTO PARTS 21.70 User: CHART -Carole Hart Page: 1 Current Date: 10/01/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:21:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Cheek Re¢ister 9/9/2009 through 9122!2009 Check No. Check Date Vendor Name Amount AP - 00287774 9!16/2009 CARQUEST AUTO PARTS 4.99 AP - 00287774 9/16!2009 CARQUEST AUTO PARTS - 46.91 AP - 00287774 9!16/2009 CARQUEST AUTO PARTS 67.40 AP - 00287774 9/16!2009 CARQUEST AUTO PARTS 7.40 AP - 00287813 9!16/2009 EMPLOYMENT DEVELOPMENT DEPT. 133.31 AP - 00287826 9/16/2009 FLEET SERVICES INC. 15.12 AP - 00287830 9/16/2009 FRED PRYOR SEMINARS 149.00 AP - 00287841 9/16!2009 HOSE MAN INC 12.44 AP - 00287848 9/16/2009 HSBC BUSINESS SOLUTIONS 174.34 AP - 00287848 9/16/2009 HSBC BUSINESS SOLUTIONS 670.62 AP - 00287851 9/16/2009 INFECTION CONTROL EMERGENCY CONCEPTS 60.00 AP - 00287865 9/16/2009 KME FIRE APPARATUS 46.88 AP - 00287865 9/16/2009 KME FIRE APPARATUS 399.56 AP - 00287868 9/16/2009 LEE, CONNIE 26.91 AP - 00287869 9/16/2009 LICHTMAN, OFER 180.00 AP - 00287870 9/16/2009 LIFE ASSIST INC 311.71 AP - 00287872 9/16!2009 LOS ANGELES FREIGHTLINER 23.14 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 25.30 AP - 002878?4 9/16/2009 LOWES COMPANIES INC. 9.77 AP - 00287874 9{16/2009 LOWES COMPANIES INC. 92.73 AP - 00287874 9/1612009 LOWES COMPANIES INC. 16.58 AP - 00281874 9/16!2009 LOWES COMPANIES INC. 209.81 AP - 00287814 9!16!2009 LOWES COMPANIES INC. 83.49 AP - 00287874 911612009 LOWES COMPANIES INC. 50.31 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 42.51 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 16.01 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 24.97 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 94.24 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 118.70 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 16.40 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 149.59 AP - 00281878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,004.75 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,004.75 AP - 00287878 9/16(2009 MARIPOSA HORTICULTURAL ENT INC 65.33 AP - 00281886 9/16/2009 MIJAC ALARM COMPANY 110.00 AP - 00287891 9116/2009 NAPA AUTO PARTS 113.08 AP - 00287897 9/16/2009 NUSTAGROUP.COM 224.61 AP - 00287920 9!16/2009 PLUMMER, JACQUES 130.00 AP - 00287924 9116/2009 QUALITY TRUCK ELECTRIC INC 516.56 AP - 00287952 9/16/2009 SEYMOUR, RONALD 160.00 AP - 00287952 9/16/2009 SEYMOUR, RONALD 160.00 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 1,278.49 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 535.67 AP - 00287968 9/16/2009 STRESS LESS EXPRESS LLC 75.06 AP - 00287974 9/16/2009 TEAM THOMPSON 100.00 AP - 00287977 9/16/2009 TURNOUT MAINTENANCE COMPANY LLC 326.25 AP - 00281977 9/16/2009 TURNOUT MAINTENANCE COMPANY LLC 414.01 AP - 00287978 9/16/2009 UNIFIRST UNIFORM SERVICE 61.66 AP - 00287978 9/16/2009 UNIFIRST UNIFORM SERVICE 63.42 AP - 00287988 9/16/2009 VALLEY POWER SYSTEMS INC 85.52 AP - 00287988 9/16/2009 VALLEY POWER SYSTEMS INC 192.42 AP - 00287991 9/16/2009 VERIZON 41.75 P57 User: CHART -Carole Hart Page: 2 Report:CK_AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Pottrait Layout Current Date: 10/01/200 Time: 08:21:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register ` 9/9/2009 through 9122!2009 Check No. Check Date Vendor Name Amount AP - 00287991 9/16/2009 VERIZON 89.99 AP - 00287991 9/16/2009 VERIZON 18.79 AP - 00287991 9!16!2009 VERIZON 35.52 AP - 00287991 9/16(2009 VERIZON 558.60 AP - 00287991 9/1612009 VERIZON 481.10 AP - 00288006 9/17!2009 AIRGAS WEST 14.88 AP - 00288006 9/17/2009 AIRGAS WEST 52.59 AP - 00288006 9/17/2009 AIRGAS WEST 74.91 AP - 00288006 9/17/2009 AIRGAS WEST 82.35 AP-00288006 9/17/2009 AIRGAS WEST 45.15 AP - 00288006 9/17/2009 AIRGAS WEST 60.03 AP - 00288006 9/17/2009 AIRGAS WEST 77.31 AP - 00288006 9/17/2009 AIRGAS WEST 47.55 AP - 00288006 9/17/2009 AIItGAS WEST 389.21 AP - 00288006 9/17/2009 AIRGAS WEST 13.20 AP - 00288006 9/17/2009 AIRGAS WEST 67.35 AP - 00288006 9/17!2009 AIRGAS WEST 73.95 AP - 00288006 9/17/2009 AIRGAS WEST 40.95 AP - 00288006 9/17!2009 AIRGAS WEST 54.15 AP - 00288006 9/17!2009 AIItGAS WEST 67.35 AP - 00288006 9/17/2009 AIRGAS WEST 13.64 AP - 00288006 9/17!2009 AIRGAS WEST 48.87 AP - 00288006 9(1712009 AIRGAS WEST 69.33 AP - 00288006 9(17!2009 AIRGAS WEST 76.15 AP - 00288006 9/17(2009 AIRGAS WEST 42.05 AP - 00288006 9/17/2009 AIRGAS WEST 55.69 AP - 00288006 9/17/2009 AIRGAS WEST 69.33 AP - 00288006 9/17/2009 AIRGAS WEST 508.36 AP - 00288006 9/17/2009 AIRGAS WEST 599.88 AP - 00288006 9/17/2009 AIRGAS WEST 416.85 AP - 00288007 9/17/2009 EMCOR SERVICE 1,540.00 AP - 00288007 9/17/2009 EMCOR SERVICE 780.00 AP - 00288007 9/17/2009 EMCOR SERVICE 560.00 AP - 00288007 9/17!2009 EMCOR SERVICE 2,400.00 AP - 00288007 9/1712009 EMCOR SERVICE 3,760.00 AP - 00288007 9/17/2009 EMCOR SERVICE 2,280.00 Total for Check ID AP: 54,512.56 Total for Entity: 54,512.56 P58 User: CHART - Cazole Hart Page: 3 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:21:5 E U c m O T U V b ++ N d 0 ~ t6 C m ~ a, ;~ eta ~ °o ~ ~ ~ r O~ OM v O .~ T a_'o- ~_ ~ ~ ~ LL ~ oa ti a _, ~ N O OI g 01 3 ~ O w N N N tP I r lV H O I H h '~ > m m n ao FF ~ o a Y ,p ~ N N O nl n ~y. ~ m n ~ n t •+ C I O I V N ~ 0 f O X~ 6 O_3 m p m a 1p ~y r ~ ~ ~ O ~ e m r O O m ~ G .- o .. n o n N O H n o N M ~ O p N m O o ~p N m 0 0 N Oi n N I~ b N ~ W m N d e m rn o O ~ ~ N F O CO O N ` " m r $ } ` ~ m u ~ a LL ~ r e a n ~ M C O~ O r m N rv O °o O m M D O N N N C w 0 0 ~ $ M M b ui w O M C y s ~ ~ «~ v E m C C O ~ LL U c N d > = c ~. ~ ~i c C ¢_ ~ ~ ~ Q m N 0 LL 7 c ? C qN U ~ C ar3 ~~ 9 C ~,c a ~~ A U iS U ag F C u ~ C Y A ~ O p > 2` .^! N Y ~ d d m ~ m u U ¢ W L c ~ 0 p C L p O ~ ?~ E -m ~N ~ W V O m m U U L"' p m~ a m c ~ L E ~ `" !O N ry ~ d 1 C _ y~ d C U r 6 ~ T N N as T ~mL 0 a~E c env O N.L.. N L y -~C ~ O ~ E n ?S O N 6 d O ma o c c gym L T G .r.. U °va° ~ E c 0 o m ny,E c o ~ d;> Eg5 m-~ > O U C ~ y L O Sm°~ L v m 3 ~ y d U ~p~ J T y .- ~ a U d U Q ~ g~ > _ N 6 N '\ C C ~` N t ~ Q~ M N L C C j N - O 6 d L N E c m v o rnE N O W °o a:°. a c U 41LL y~5 >~ _~~ -J N d U U ~L.. U U Q ~ C C T d ~ ~ r N R ~ y Ja> U W C ~ ~ C O _U O ~ Z d N N y ~ia° „';~ a 5 ~ W C Z~ w E ~ d "QU v 1 P59 w a'^ry N K U ^~ LL O ~ > O LLI S r K B o a¢ a ~ a 01 N e1 n 4 O 0 N O t7 O O 6 8 C o Y m a O y c Q. K '~ N d ~~ ~ ~ a E Z' t ~ R~ o~ S' u~ w z °I V w M M d N y N d Q ~ ~ O 0 ~ N W ~ y r ~ '~ 'gyp eh ~. ~ d ~ i ~ ~ ~ ~ a°O ~ d a° m t~ e a' m C i Q N O h A Y r N N m ~ O O N b n n CI 1V N N N N a+i N O O N N n n N N N N N nl O O N N 0 r 0 ~ m Z n ~ ~ LL ry r Z ~o W w z U m Z n W 6 > UJ O C 9 V N C LL c y d C u c d Q 5`q}~' J N o `0 0 aa~ ~ ~ m ~ m I ~ ~ N Cam] N (~O H tp N ' I O~ M N H N lNp N Q Q O O O N Cl O 10 N t~ m m r 8 0 0 O I n O O O I O IN w W O S m I~ I r f7 M N d ~ 8 O O < h Ci W ~ 0 N O N N n m O O W M vi N o pg pg O OpQ pO 8 G O Ci Ci t7 ~~~ ooW ~'s~ S N b N T O Oi g 8~ O W g m Y pOi Y m 2 Z Q t- my w V O r w~ K ~ H ~ LL SQZ ~ 6 K ~ W W W C W W W A LL LL LL g C M 6 O U n m y 8 o O y T u c v a N N W ~ ~ o w y X LL V m m m a LL M n m n G A N f n N O 0 ami r a F P60 W d .n m wr U N (1 Ih LL 0 o a ~ z o ~ rc a ~ a C m a' p ~' r j~~ Y c~ ~ o N M O N M r d &~ °o n yrc o N 0 O N 3 f0 {7 q N m N Y W V H m A m r Y N Yl W N O O W V w +' N d N 0 t6 Q ~~ O N O v C '~ N d !0 +" v O ~ p ~ ~ ~ ~ a a _ _ ~ ~~~' a°a U a N b N N N r N ~ m e + m ~ j W N w v r' a ~ ~ q A O L ~ N ~ O a ~ 0 m a d Q 0 0 0 3 z O LL J Q U LL ~ m Y c Z ~ m Z 0_ ~ Z i 7 x d ~ E ~ 0 c ~ Q o W C Y m t a ° N H N U d N 0 a of n Y e C CY p N C W L N N U 0 P61 way K U LL 0 o ~I `e rc O d, a ~ a m U O W P62~ t ~ ~ U N CI ti r m a LL O I > a a~ ~ ` C z . o ~~ a ~ a `n, ~ g n w W m ~ r m e .Qi ~o m ri O Y1 n a aC ~ V "c" O ~ 4GG S Q ``~L( S 4 `6 ~ N ~ Yf ~ VI $ p O N p 0 N N O qN T YNI ~ Q. ` N 1V N O Qf y ~ n._ Z $ n @ r Hwy ` m b el b O~ m ~ _ O N ~ ~ N N N N m 0 Opt w N ~ d ~ n w n w N~ n '~ y M ~ ~ m ~. O ~ ~' '~ r t m ~ m e a o~~° o- A a`o•g ~o ` 0 V Q ~r Q A ~- LL N ° ~ ci a 8 ~ ~ o o T N r 7 c °u ~~ ~ g ~ °o ~ °o °n g n w ~Q~ ~ LL 0 0 0 b m F Z W a 2 T 0 T b ~ N O u _ ? U Z E v w o t £ o z o 0 0 N V' -+ a N E y ¢ Z a N o N H m w n a L ¢ p ~' L O Z ~ C O ~ ~ C ~ ~ 9 ~ v C O C LL ~ C O ~ C ~ g Q 0 o ro ~ m ~ ~ Y ' C u U t U T ~ C ~ ~ a Q LL q g a° n N 8 o ~ 4~ D V J y d N LL ~ P63 State of California Pooled Money Investment Account Market Valuation 6/30/2009 Description Carrying Cost Plus Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasu Bills $ 9,424,096,404.86 $ 9,471,037,778.34 $ 9,483,166,000.00 NA Notes $ 3,969,614,275.72 $ 3,963,136,090.42 $ 3,962,440,362.00 $ 16,014,185.20 Federal A enc SBA $ 550,472,923.43 $ 550,463,248.69 $ 538,418,039.01 $ 571,504.21 MBS-REMICs $ 996,073,150.68 $ 996,073,15D.68 $ 1,029,578,325.78 $ 4,734,814.03 Debentures $ 1,961,747,605.43 $ 1,961,747,605.43 $ 1,993,844,D60.00 $ 10,016,635.24 Debentures FR $ 4,598,611,595.69 $ 4,596,611,595.69 $ 4,602,252,470.00 $ 4,298,040.52 Discount Notes $ 1,948,991,916.73 $ 1,949,619,361.12 $ 1,949,735,000.00 NA FHLMC PC $ 138.50 $ 138.50 $ 140.66 $ 2.48 GNMA $ 125,161.03 $ 125,161.03 $ 139,499.73 $ 1,236.40 IBRD Deb FR $ 300,000,000.00 $ 300,000,000.00 $ 298,305,000.00 $ 750,482.00 CDs and YCDs FR $ $ - $ - $ - Bank Notes $ - $ - $ - $ - CDs and YCDs $ 4,575,028,550.79 $ 4,575,028,550.79 $ 4,575,024,080.75 $ 2,035,175.01 Commercial Pa er $ 2,113,859,787.52 $ 2,113,937,565.28 $ 2,113,698,499.99 NA Cor orate: Bonds FR $ 270,721,149.23 $ 270,721,149.23 $ 269,860,903.64 $ 214,420.67 Bonds $ 33,232,164.49 $ 33,232,164.49 $ 33,531,827.80 $ 391,075.00 Re urchase A reement $ - $ - $ - NA Reverse Re urchase $ $ - $ $ - Time De osits $ 5,556,000,000.00 $ 5,556,000,000.00 $ 5,556,000,000.00 NA AB 55 & GF Loans $ 14,444,693,556.67 $ 14,444,693,556.67 $ 14,444,693,556.67 NA TOTAL $ 50,743,268,380.77 $ 50,784,427,116.36 $ 50,850,687,766.03 $ 39,027,570.76 Fair Value Including Accrued Interest $ 50,689,715,336.79 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (1.001304743). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,026,094.87 or $20,000,000.00 x 1.001304743. STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James C. Frost, City Treasur r ~-t By: John R. Gillison, Deputy City Manager/Administrative Services RANCHO CUCAMONGA Subject: APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY 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 1982 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 two modifications for your approval. The first change pertains to authorized investments. In addition to the other permitted investments authorized by this policy, the proposed modification adds Municipals (Warrants, Notes & Bonds), taxable or tax-exempt bonds, notes, warrants or other evidences of indebtedness of the State or any local agency within the State of California to the list of authorized investments pursuant to California Government Code Section 53601 (c) and (d). The second change pertains to the existing authorized permitted investments under Negotiable Certificates of Deposit to include investment in "FDIC-Insured Certificates of Deposit" with the same percentage limits (30%) and maximum maturity (5 years) as the Negotiable Certificates of Deposit. 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 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. P64 P65 APPROVALTO ADOPTANNUAL STATEMENT OF INVESTMENT POLICY PAGE 2 OCTOBER 7, 2009 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 P66 City of Rancho Cucamouga Statement of Investment Policy CITY OF RANCHO CUCAMONGA STATEMENT OF INVESTMENT POLICY 2009 ~ANCHO ~UCAMONGA CALIFORNIA Prepared by the Administrative Services Department James C. Frost, Treasurer John R. Gillison, Deputy City Manager/Admiuistrative Services, Deputy Treasurer P67 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" standazds. 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 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 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 aze not intended to apply to bond proceeds held by the City or by fiscal agents or trustees for bond holders of City debt. PRUDENCEIEVALUATION 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" standazd 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: 9/2009 t P68 The City Treasurer and/or his appointed designee actir-g 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 aze reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. 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 shazes 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). 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 aze: 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 aze 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 mazket 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. Rev: 9/2009 P69 Mazket 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. 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 mazket 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 lazge personal financial/investment positions that could be related to the performance of the City's portfolio, particulazly 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 BROKERIDEALERS The City will transact business only with approved investment securities broker/dealers that aze 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 ap$ropriate 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. Rev: 9/2009 P70 The City shall at least annually send a copy of the current investment policy to authorized brokerldealers 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. AUTIiORIZED 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 IN[~ESTMENTS/DEPOSITS PERCENTAGES MATURITY* (See Govenunent Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 yeazs* Municipals (Warrants, Notes & Bonds) 30% 5 yeazs* Taxable or tax-exempt bonds, notes, warrants, or other evidences of indebtedness ofthe State or arty local agency within the State of California with a minimum long-term rating of either "AI " by Moody's Irrvestors Service, or 'il+" by Standard & Poor's, the minimum short-term rating of either "MIG I " by Moody's Itrvestors Service, or "SP-1 " by Standard & Poor's, (the minimum rating shalt apply to any agency, irrespective of arty credit enhancement), including bonds, notes, warrants, or other evidences of indebtedness payable solely out of the revenuesfrom arevenue-producing property owned, controlled, or operated by either the Stare or local agency, a department, board, agency, ar authority oflhe State or local agent}; or of any local agency within this state. Certificates of Deposit (or Time Deposits) Unlimited 5 yeazs* Placed with commercial banks and/or savings and loan companies. Negotiable Certificates of Deposit 30% 5 yeazs* FDIC -Insured Certificates of Deposit 30% 5 yeazs* Banker's Acceptances 40% 180 days Commercial Paper 30% 270 days Investments in Commercial Paper muss be only with corporations with at leas! $500 million in assets. Must be of 'prime" quatiry of the highest rating or of the highest letter and numericat rating as provided for by Moody's Irrvestor's Service Inc. or Standard & Poor's Corporation. Short term raring of at least A' or AI/PI 'and a long-term rating of il' is required. Local Agency Investment Fund (State Pool) Demand Deposits 40 MM** Daily Liquidity Joint Powers Authority (JPA) Investment Pool (Short-Term) ] 0% Daily Liquidity Rev: 9/2009 P71 MAXIML/M INVESTMENTS/DEPOSITS PERCENT.~GES MATURITY* Deposit of Funds (See Government Code Section 53630 -Ref. C) n/a Repurchase Agreements (Repos) 20% 1 year The market value ofthe 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 Agreemen[ must be on frle. Medium Term Corporate Notes 30% 5 yeazs Investments in Medium Term Corporate Notes must be issued by corporations organized and operating within dhe United States. Securidies 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 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 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 more rating agenaies; or, which are collateralized at least 100% with U.S. Government securities. * 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 Board. 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. All securities in LAIF aze purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market, and mazket valuation is conducted monthly. Rev: 9/2009 P72 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) yeazs 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 fox 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 are held in the City's vault. No outside brokerldealer or advisor may have access to City funds, accounts or investments, and any transfer of funds to or through an outside brokerldealer must be approved by the City Treasurer/Deputy Treasurer. The City 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 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 mazket 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: Rev: 9/2009 P73 • The type of investment, name of the issuer, data of maturity, par and dollaz 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. 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. t J e~ C. rost City Treasurer City of Rancho Cucamonga S~„rr ~A, zoo9 Date Rev: 9/2009 \i_ 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 mazket 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 mazket 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. P74 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. ~J~ ~`i , '. City of Rancho Cucamonga Statement oflnvestment 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. 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 mazket 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 vaziety 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 ohanges in interest rates. P75 2 \i _--- City of Rancho Cucamonga Statement oflnvestment Folicy EASE: To assist the economy in growing faster, Fed supplies more credit, lowering reserve requirements or discount rates. 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 insdvment. 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 aze 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 Federa( 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 aze 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 Boazd 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. P76 FRN: Floating Rate Note. City of Rancho Cucamonga Statement of Investment 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 aze backed by the FFiA, 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 (LGII'): The aggregate of all funds from political subdivisions that aze 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-(ender to liquidate the underlying securities in the event of default by the seller- borrower. P77 4 City of Rancho 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 aze 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 buyinglselling 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 dollaz 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 paz value. Also, the amount that must be paid over the par value to call an issue before maturity. P78 PRICE RISK: Volatility. ~. ~_ Ciry 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. 1n 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. P79 6 ~. \~_ City of Rancho Cucamonga Statement of Investment Policy SALLIE MAE: Trade name for the Student Loan Marketing Association. SECONDARY MARKET: I) 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 regulaz 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 (FI3LB, 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. Govemment 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 1; also called net capital rule and not 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 P80 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 paz in the purchase price with the adjustment spread over the period from date of purchase to maturity. P81 CWDMMtSANDY\Treasury\Annual Investmrnt Policies 09\ GLOSSARY 09 Ciry.doc P82 STAFF 1~EPQRT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT jjANaxo Date: October 7, 2009 C,,UCAMONGA To: Chairman and Members of the Redevelopment Agency President and Member f the Board of Directors From: Mike Bell, Fire Chief By: Tim Fejeran, Fire Inspector Pamela-Pane, Management Analyst II Keri Hinojos, Senior Buyer Subject: APPROVAL FOR THE PURCHASE OF EIGHTEEN (18) COUNTY ISD- CELLULAR/GPS MODEMS/ANTENNA KIT, TWENTY-ONE (21} COUNTY ISD MOTOROLA RDLAP YRM RADIO MODEMS (USED), AND TWENTY-ONE (21) TRI- TECH MDC LICENSES, FOR THE DISPATCH TRANSITION PROJECT, AS A SINGLE SOURCE PURCHASE FROM CONFIRE OF RIALTO, IN THE AMOUNT OF $60,575,70 TO BE FUNDED FROM ACCOUNT NUMBERS 2505801-5605 $41,375.6Q AND 3289501-5603 $19,200.10 RECOMMENDATION Approval of the purchase of eighteen (18) County ISD-cellularlGPS modemslantenna kit, twenty- one (21) County ISD Motorola RDLAP VRM radio modems (used), and twenty-one (21) Tri-Tech MDC licenses, for the Dispatch Transition Project, as a single source purchase from CONFIRE of Rialto, in the amount of $60,575.70 to be funded from account numbers 2505801-5605 for $41,375.60 and 3289501-5603 for $19,200.10. BACKGROUND/ANALYSIS On May 20, 2009, the Board of Directors approved a contract with CONFIRE to provide dispatch and emergency communications services for the Fire District. To complete the dispatch transition process it is necessary to purchase this equipment through CONFIRE to connect to the County ISD network. The equipment meets County and ISD requirements for security protocols and standardization. The District provided research conducted and specifications for the modems and licenses to the Purchasing Department. They were thoroughly reviewed and then sent directly to CONFIRE for a Request for Quote. In reviewing the response, District and Purchasing staff has determined it to be in the District's best interest to award the purchase to CONFIRE as a single source. The single source justification and all back-up documentation are on file in the Purchasing Department. Respectfully submitted, %~s~~ ~~ Mike Bell Fire Chief STAFF REPORT - RANCI-IO Ct3CAMONGAFIRE PROTECITON DISTRICT' '' RANCHO Date: October 7, 2009 CUCAMONGA To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: John ~R, Gillison, Deputy City Manager/Administrative Services By: Tamara L. Layne, Finance Director Subject: A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. RECOMMENDATION Staff respectfully recommends that the Board of Directors approve a resolution which approves the form of and authorizes the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the Sale of the Rancho Cucamonga Fire Protection District's Proposition 1A receivable from the State; and directs and authorizes certain other actions in connection therewith. BACKGROUND Proposition 1A Suspension: Proposition 1A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with focal government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concur. The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-10 budget package on July 28, 2009. Under the provision, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties and special districts. The state will be required to repay those obligations plus interest by June 30, 2013. The legislature is currently reviewing aclean-up bill, SB67 which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Prop 1A receivable; tax-exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revisions to the hardship mechanism. While SB 67 has not yet been passed and signed into law, California Communities expects that to occur prior to funding the Program. If for any reason SB 67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and will be destroyed. P83 P84 A RESOLUITON APPROVING THE FORM OF AND AtTIT-IORIZING THE EXECUITON PAGE 2 AND DELIVERYOF APURCHASE AND SALE AGREEMENTAND RELATED DOCtJMEN'IS WiTHRESPECI'TO THE SALE OF THE SELLER'S PROPOSITION lA RECEIVABLE FROM THE STATE OCTOBER 7, 2009 Proposition 1A Securitization Program: Authorized Under ABX4 14 and ABx4 i5, the rroposmon 1A Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition 1A Receivables to California Communities. Under the Securitization Program, California Communities will simultaneously purchase the Proposition 1A Receivables, issue bonds ("Prop 1A Bonds°) and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the District sells its Proposition 1A Receivable under the Proposition 1A Securitization Program, California Communities will pledge the District's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop 1A Bonds. The District's sale of its Proposition 1A Receivable will be irrevocable. Bondholders will have no recourse to the District if the State does not make the Proposition 1A Repayment. Proposition 1A Program Sponsor: California Statewide Communities Development Authority ("California Communities") is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California. Benefits of Participation in the Proposition 1A Securitization Program: The benefits to the District of participation in the Proposition 1A Securitization Program include: Immediate cash relief -the sale of the District's Proposition 1A Receivable will provide the District with 100% of its Proposition 1A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. Mitigates impact of 8% propertv tax withholding in January and Mav -Per ABX4 14 and ABX415 and the proposed clean-up legislation SB 67, the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition 1A. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. All costs of financing borne by the State of California. The District will not have to pay any interest cost or costs of issuance in connection with its participation. No obligation on Bonds. The District has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. Proceeds of the Sale of the District's Proposition 1A Receivable: Upon delivery of the Proposition 1A Bonds, California Communities will make available to the District its fixed purchase price, which will equal 100% of the focal agency's Proposition 1A P85 ARESOLLrtfONAPPROVING THE FORM OF AND ALAI-IORIZING THE EXECUTION PAGE 3 AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITHRESPECI'TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE OCTOBER 7, 2009 Receivable. These funds may be used for any lawful purpose of the District and are not restricted by the program. Proposed Proposition 1A Receivables Sale Resolution: The proposed Proposition 1A Receivables Sale Resolution: (1) Authorizes the sale of the District's Proposition 1A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement of the Proposition 1A Receivable to the Proposition 1A Bond Trustee; (4) Appoints certain District officers and officials as Authorized Officers for purposes of signing documents; and (5) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Proposed Purchase and Sale Agreement The proposed Purchase and Sale Agreement: (1) Provides for the sale of the Proposition 1A Receivable to California Communities; (2) Contains representations and warranties of the District to assure California Communities that the Proposition 1A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and that this is an arm's length "true sale" of the Proposition 1A Receivable. (3) Provides mechanics for payment of the Purchase Price (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Aoreement Exhibits: The proposed Proposition 1A Purchase and Sale Agreement Exhibits include: (61) Opinion of Counsel: This is an opinion of an attorney to the local agency (which may be an in-house counsel or an outside counsel) covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). P86 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXEG'[JITON PAGE 4 AND DELI VERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITHRESPECTTO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE OCTOBER 7, 2009 (62) Bringdown Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). (C1) Certificate of the Clerk of the Local Agency: A certificate of the Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. . (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition 1A Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Instructs Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. RECOMMENDED ACTION After Council discussion and questions, if the Council wishes to participate in the Proposition 1A Securitization Program, it should adopt the proposed Proposition 1A Sale Resolution and Purchase and Sale Agreement, which requires only a simple majority vote approval. H:ItlaynelCityCouncil staffreporfslProp 1A Secuntization-Fire Dist.doc P87 RESOLUTION NO. ~Q ~ q -~ ~/ D OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION lA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the Rancho Cucamonga Fire Protection District, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1 A receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition 1 A Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1 A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition 1 A Receivable and the Seller desires to sell the Proposition 1 A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this Board of Directors (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1 A Receivable from the Seller and the purchase price of other Proposition lA Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely P88 from the proceeds of the Seller's Proposition lA Receivable and other Proposition lA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition lA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by Rancho Cucamonga Fire Protection District to secure a borrowing, (ii) any such sale of its Proposition 1 A Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition lA Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1 A Receivable sold to the Purchaser and the Proposition 1 A Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1 A Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1 A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition lA Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this Board of Directors hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition 1 A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the Board of Directors is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition lA Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1 A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. P89 Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1 A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this Board of Directors, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The Board of Directors acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition lA Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thercundcr. P90 Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the Board of Directors of the Rancho Cucamonga Fire Protection District, State of California, this day of , 2009, by the following vote: AYES: NOES: ABSENT: Attcst: Approved as to form SELLER' S COUNSEL By. Dated: 4 P91 APPENDIX A Authorized Officers: John R. Gillison, any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. as Seller and CALIFORNIA, CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUT}iORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November 1.2009 TABLE OF CONTENTS Page 1. DEFINITIONS AND INTERPRETATION .............................................................. ........ 2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT ........ ........ 2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION lA RECEIVABLE AND PAYMENT OF PURCHASE PRICE .............................................................. ........ 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER .................. ........ 4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER ........................... ........ 5 6. COVENANTS OF THE SELLER ............................................................................. ........ 7 7. THE PURCHASER'S ACKNOWLEDGMENT ....................................................... ........ 9 8. NOTICES OF BREACH ........................................................................................... ........ 9 9. LIABILITY OF SELLER; INDEMNIFICATION .................................................... ........ 9 10. LIMITATION ON LIABILITY ................................................................................ ...... ] 0 l 1. THE SELLER'S ACKNOWLEDGMENT ............................................................... ....... 10 12. NOTICES ................................................................................................................. ....... 10 13. AMENDMENTS ...................................................................................................... ....... 10 14. SUCCESSORS AND ASSIGNS .............................................................................. ....... 10 15. THIRD PARTY RIGHTS ......................................................................................... ....... 11 16. PARTIAL INVALIDITY ......................................................................................... ....... 1 I 17. COUNTERPARTS ................................................................................................... ....... 11 18. ENTIRE AGREEMENT ........................................................................................... ....... 11 19. GOVERNING LAW ................................................................................................. ....... 12 EXHIBIT A -DEFINITIONS .............................................................................................. ..... A-1 EXHIBIT B1 -OPINION OF SELLER'S COUNSEL ........................................................ ... B1-1 EXHIBIT B2 - BRINGDOWN OPINION OF SELLER'S COUNSEL .............................. ... B2-1 EXHIBIT C1 -CLERK'S CERTIFICATE .......................................................................... ... CI-1 EXHIBIT C2 -SELLER CERTIFICATE ............................................................................ ... C2-1 EXHIBIT C3 -BILL OF SALE AND BRINGDOWN CERTIFICATE ............................. ... C3-1 EXHIBIT D -IRREVOCABLE INSTRUCTIONS TO CONTROLLER ........................... ..... D-1 EXHIBIT E -ESCROW INSTRUCTION LETTER ........................................................... ..... E-1 ... PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November I, 2009 (this "Agreement"), is entered into by and between: (1) a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition 1 A Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition lA receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The- Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1 A Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition lA Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition 1 A Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the Proposition lA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition lA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition lA receivable" as defined in Section 6585(8) of the California Government Code (the "Proposition l A Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January l5, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit Bl, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit C 1 and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's Board of Directors approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b}(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser df a certification of the County Auditor confirming the Initial Amount of the Proposition 1 A Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition 1 A Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price Conveyance of Proposition 1 A Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition lA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition 1 A Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1 A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition 1 A Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition 1 A Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition lA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition lA Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition lA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition lA Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition 1 A Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its Board of Directors members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition lA Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition 1 A Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition IA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition lA Receivable to the Purchaser, the Seller was the sole owner of the Proposition 1 A Receivable, and has such right, title and interest to the Proposition 1 A Receivable as provided in the Act. From and after the conveyance of the Proposition 1 A Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition lA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition 1 A Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition 1 A Receivable to the Purchaser, the Seller held title to the Proposition 1 A Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition lA Receivable. 6 (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser (j) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition lA Receivable. The Scllcr acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition 1 A Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition 1 A Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms-length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section ] 00.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition lA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition 1 A Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition 1 A Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition lA Receivable to the Trustee, together with notice of the sale of the Proposition 1 A Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition 1 A Receivable, any authority to collect the Proposition 1 A Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition lA Receivable. In the event that the Seller receives any proceeds of the Proposition 1 A Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition 1 A Receivable. (g) The Seller shall treat the sale of the Proposition 1 A Receivable as a sale for regulatory and accounting purposes. (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition 1 A Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition lA Receivable is not a debt or liability of the Seller, and that the Proposition lA Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition 1 A Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition 1 A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition I A Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 10. Limitation on Liabili (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition 1 A Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition 1 A Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. ] 6. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser By: Authorized Signatory l2 I EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing a-mail notification to Tamara.Layne@cityofrc.us not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor-controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition 1 A Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November ] 0, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to Tamara.Layne@cityofre.us not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. A-1 "Proposition I A Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the Board of Directors approving the sale of the Proposition 1 A Receivable. "State" means the State of California. "Transaction Counsel" means Omck, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition 1 A Receivable of Rancho Cucamonga Fire Protection District, dated as of the Closing Date. A-2 EXHIBIT Bl OPINION OF COUNSEL to RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Rc: Sale of Proposition lA Receivable Ladies & Gentlemen: [I have/This Office has] acted as counsel for the Rancho Cucamonga Fire Protection District (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the Board of Directors of the Seller {the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition lA Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition lA Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [I/We] have examined and arc familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [I/we] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [I/we] have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, [I/we] are of the opinion that: Bl-1 1. The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [my/our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition 1 A Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition 1 A Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my/our] knowledge, prior to the sale of the Proposition lA Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition lA Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition 1 A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [I/we] express no opinion as to the value of the Proposition 1 A Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition 1 A Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. B1-2 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my/our] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [I/We] do not undertake to advise you of matters that may come to [my/our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, By: Seller's Counsel B1-3 EXHIBIT B2 OPINION OF COUNSEL to RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition 1 A Receivable (Brimdown Opinion) Ladies & Gentlemen Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Rancho Cucamonga Fire Protection District (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this Office delivered an opinion (the "Opinion") dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition 1 A Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) ofthe Sale Agreement. Very truly yours, By: Seller's Counsel B2-1 EXHIBIT C1 CLERK'S CERTIFICATE CERTIFICATE OF THE SECRETARY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA Dated: Pricing Date The undersigned Secretary of the Rancho Cucamonga Fire Protection District (the "Seller"), a local agency of the State of California within the meaning of Section 6.585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the Board of Directors of said Seller duly and legally held at the regular meeting place thereof on the day of 2009, of which meeting all of the members of said Board of Directors had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of Rancho Cucamonga, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By: Secretary of the Rancho Cucamonga Fixe Protection District, California C1-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the Rancho Cucamonga Fire Protection District (the "Seller"), a local agency of the State of California within the meaning of Section 6585(fj of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agreement"), between the Seller and the California Statewide Communities Development Authority (the "Purchaser"). 2. Irrevocable Instructions For Disbursement of Seller's Proposition 1 A Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The Board of Directors duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition 1 A Receivable at a meeting of the Board of Directors which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 Name, Official Title Si , ng_ afore Tamara L. Layne, John R. Gillison, Services I HEREBY CERTIFY that the signatures of the officers named above are genuine. Dated: Pricing Date By: Secretary of the Rancho Cucamonga Fire Protection District, California C2-2 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition 1 A Receivable as defined in the Sale Agreement (the "Proposition 1 A Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition lA Receivable pursuant to the Act and other applicable law, Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1 A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition lA Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the Secretary dated the Pricing Date, the Seller Certificate dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date By: Authorized Officer C3-1 EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION 1 A RECEIVABLE OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Salc of Proposition l A Receivable by the Rancho Cucamonga Fire Protection District and Wiring Instructions Information Form Dear Sir or Madam Pursuant to section 6588.6(c) of the California Government Code, Rancho Cucamonga Fire Protection District (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition lA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition 1 A Receivable"}, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's Board of Directors authorized the sale of the Proposition 1 A Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition 1 A Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition 1 A Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition lA Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at any time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and (iii) so long as the Indenture has not been discharged, these instructions D-1 cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement; (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition lA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account #: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition 1 A Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone #: (213) 614-3353 Bank Contact Person: Robert Schrieider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, RANCHO CUCAMONGA FIRE PROTECTION DISTRICT By: Authorized Officer D-2 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER 2009 California Statewide Communities Development Authority 1 100 K Street Sacramento, CA 95814 Re: Proposition 1 A Receivable Financin Dear Sir or Madam: The Rancho Cucamonga Fire Protection District (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition 1 A Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition 1 A Receivable, the Seller's Board of Directors has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition lA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which arc to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel {"Transaction Counsel"), as instructed below: 1. certified copy of the Resolution, together with a certificate of the Secretary, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Datc; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 3l, 2009. E-1 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Very truly yours, By: Authorized Officer Enclosures cc: Orrick, Herrington & Sutcliffe LLP E-2 .~ V] 0 c~ bA O ~, a .~ ~--~ C~ N . r..~ ~--~ U 4~ O O . ,.., N . ,.~ U O . ,.., c~ '~ O N .~ w O O N O U O '' ~ ~ ~ U N N ~ ~ ~ o ~, o ~ ~ ~~ ~ ~~ ~ ~ o ~ o O ~ ~ o°\o ~ ~^ ~ ~ ~ ~ ~ ~ r'1 O ~ ~ . 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00286980 8/26/2009 A & I REPROGRAPHICS 37.63 AP - 00286980 8/26/2009 A & I REPROGRAPHICS 137.46 AP - 00286980 8/26/2009 A & I REPROGRAPHICS 104.18 AP - 00286981 8/26/2009 ABC LOCKSMITHS 195.75 AP - 00286981 8/26/2009 ABC LOCKSMITHS 108.75 AP - 00286982 8/2612009 ACMAE 500.00 AP - 002869$4 8/26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286984 8(26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26!2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26!2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITALS 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26!2009 ADOBE ANIMAL HOSPITAL 50.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286984 8/26/2009 ADOBE ANIMAL HOSPITAL 25.00 AP - 00286986 8/26/2009 AEF SYSTEMS CONSULTING INC 2,712.50 AP - 00286987 8/26/2009 AGUILERA, ISAIAH 78.00 AP - 00286987 8/26!2009 AGUILERA, ISAIAH 78.00 AP - 00286987 8/26/2009 AGUILERA, ISAIAH 78.00 AP - 00286987 8/26/2009 AGUILERA, ISAIAH 78.00 AP - 00286987 8/26/2009 AGUILERA, ISAIAH 78.00 AP - 00286988 8/26/2009 ALL AMERICAN ASPHALT 57,045.00 AP - 00286988 8/26(2009 ALL AMERICAN ASPHALT -5,704.50 AP - 00286990 8/26/2009 ALLSTAR AIR CONDITIONING HEATING AND P 1,874.00 AP - 00286990 8/26/2009 ALLSTAR AIR CONDITIONING HEATING AND P 5,506.00 AP - 00286991 8/26!2009 ALPHAGRAPHICS 522.65 AP - 00286943 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/2612009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8!26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26!2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8!26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8!2612009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 __ User: CHART • Carole Hart Page: 1 Current Date: 10/0]/200 Report:CK_AGENDA_R EG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P93 Agenda Check Re¢ister 8/26/2009 through 9/8/2009 Check No. Check Date Vendor_Name Amount AP - 00286993 8126/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8!26!2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286943 8!2612009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26!2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8126/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26(2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8126(2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 $(26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8126/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8!26(2009 ALTA LOMA ANIMAI, HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26(2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286993 8/26/2009 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00286994 8/26/2009 AMERICAN BARRICADE INC. 147.47 AP - 00286994 8/26/2009 AMERICAN BARRICADE INC. 110.60 AP - 00286995 8/26!2009 AMTECH ELEVATOR SERVICES 240.52 AP - 00286995 8/26!2009 AMTECH ELEVATOR SERVICES 207.68 AP - 00286996 8/26/2009 APACHE TRAILER INC 1,064.06 AP - 00286997 8/26/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00286997 8/26/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00286998 8/26/2009 ARBOR NURSERY PLUS 796.05 AP - 00286998 8/26/2009 ARBOR NURSERY PLUS 59.81 AP - 00286999 8/26/2009 ARIZONA PACIFIC WOOD PRESERVING t 1,000.70 AP - 00287000 8/26!2009 ARROW TRAILER SUPPLIES INC 28.76 AP - 00287001 8(26!2009 ASAP POWERSPORTS 202.00 AP - 00287001 8/26/2009 ASAP POWERSPORTS 253.00 AP - 00287002 8/26/2009 ASR CONSTRUCTORS 5,000.00 AP - 00287002 8/26/2009 ASR CONSTRUCTORS 500.00 AP - 00287003 8/26/2009 ASSI SECURITY 105.00 AP - 00287003 8/26/2009 ASSI SECURITY 597.00 AP - 00287003 8/26(2009 ASSI SECURITY 3,968.00 AP - 00287003 8/26/2009 ASSI SECURITY 105.00 AP - 00287003 8/26/2009 ASSI SECURITY 105.00 AP - 00287003 8/26/2009 ASSI SECURITY 105.00 User: CHART -Carole Hart Page: 2 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA Asenda Check Resister 8126!2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00287003 8/26/2009 ASSI SECURITY 105.00 AP - 00287003 8!26!2009 ASSI SECURITY 105.00 AP - 00287003 8!26/2009 ASSI SECURITY 105.00 AP - 00287003 8!26!2009 ASSI SECURITY 105.00 AP - 00287004 8/26/2009 ASSISTANCE LEAGUE OF FOOTHILL COMMUNI 1,950.85 AP - 00287005 8!26/2009 ATLAS VAN LINES INC 4,858.04 AP - 00287006 8/26/2009 AUTO BODY 2000 87.40 AP - 00287007 8/26/2009 AUTO SPECIALISTS 47.80 AP - 00287007 8/26/2009 AUTO SPECIALISTS 36.75 AP - 00287008 8/26/2009 AVANTS, MARGE 150.00 AP - 00287009 8/26/2009 B AND K ELECTRIC WHOLESALE 48.78 AP - 00287010 8/26/2009 BALDY FIRE AND SAFETY 99.00 AP - 00287011 8!26/2009 BANC OF AMERICA LEASING 8,948.44 AP - 00287011 8/26/2009 BANC OF AMERICA LEASING 390.82 AP - 00287011 8/26/2009 BANG OF AMERICA LEASING 195.03 AP - 00287013 8/26/2009 BARBARA'S ANSWERING SERVICE 572.00 AP - 00287014 8!2612009 BISHOP COMPANY 104.98 AP - 00287014 8/26/2009 BISHOP COMPANY 141.35 AP - 00287015 8/26!2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26!2009 BMJ WORK GROUP INC 195.75 AP - 00287015 8/26!2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26!2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 221.85 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 218.58 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 210.98 AP - 00287015 8/26/2009 BMJ WORK GjiOUP INC 224.00 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 210.98 AP - 00287015 8!26/2009 BMJ WORK GROUP INC 221.84 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 195.75 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26(2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/2612009 BMJ WORK GROUP INC 108.75 AP - 00287015 8!26/2009 BMJ WORK GROUP INC 221.84 AP - 00287015 8/2612009 BMJ WORK GROUP INC 22837 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 163.12 AP - 00287015 8(26!2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 218.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8!26/2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8!2612009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009. BMJ WORK GROUP INC 217.50 AP - 00287015 8/2612009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/2612009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 218.58 AP - 00287015 8!2612009 BMJ WORK GROUP INC 217.50 AP - 00287015 8/26/2009 BMJ WORK GROUP INC 71.90 AP - 00287016 8/26!2009 BOUND TREE MEDICAL LLC. 1,394.18 AP - 00287017 8/26/2009 BRODART BOOKS 39.16 AP - 00287018 8/26/2009 CAL-STATE RENT A FENCE INC 2,292.50 AP - 00287019 8/26/2009 CALIFORNIA FRANCHISE BOARD 160.00 AP - 00287020 8/26/2009 CALIFORNIA FRANCHISE BOARD 392.96 P94 User: CHART - Cazole Hart Page: 3 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA P95 Agenda Check Resister 8/26!2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 0028102] 8/26/2009 CALIFORNIA FRANCHISE BOARD 191. 00 AP - 00287022 8!26/2009 CALIFORNIA FRANCHISE TAX BOARD 54. 46 AP - 00287023 8/26/2009 CALIFORNIA FRANCHISE TAX BOARD 50. 00 AP - 00287025 8/26/2009 CALPERS 106,957. 39 AP - 00287025 8!26/2009 CALPERS 459. 91 AP - 00287026 8/26(2009 CALSENSE 7,817. 81 AP - 00287027 8/26/2009 CCPOA 30. 00 AP - 00287028 8/26!2009 CCPOA 30. 00 AP - 00287029 8/26/2009 CENTRAL CITIES SIGNS INC 39. 15 AP - 00287031 8126/2009 CHAFFEY JOINT UNION HIGH SCHOOL DIST 21,211. 20 AP - 00287032 8/26!2009 CHAMPION AWARDS AND SPECIALTIE$ 285. 47 AP - 00287033 8/26/2009 CHEROKEE PRODUCTIONS INC 295. 00 AP - 00287034 8/26/2009 CHILD SUPPORT ENFORCEMENT DIVISION 175. 00 AP - 00287035 8/26!2009 CITY RENTALS 272. 10 AP - 00287035 8/2612009 CITY RENTALS 352. 40 AP - 00287036 8/26/2009 CLABBY, SANDRA 1,000. 00 AP - 00287037 8(26/2009 CLARK, KAREN 144. 00 AP - 00287038 8/26/2009 CLARKS PLUMBING SPECIALTIES INC. 302. 54 AP - 00287038 8/26/2009 CLARKS PLUMBING SPECIALTIES INC. 61. 17 AP - 00287039 8/26/2009 COAST RECREATION INC 530. 85 AP - 00287040 8/26/2009 COCHERELL, DOREEN 78. 00 AP - 00287041 8/26/2009 COFFEY, CINDY 500. 00 AP - 00287042 8/26!2009 COMMUNITY BANK 5,704. 50 AP - 00287043 8(26/2009 COMPETITIVE EDGE CYCLERY 63. 41 AP - 00287043 8/26/2009 COMPETITIVE EDGE CYCLERY 27. 59 AP - 00287044 8/26/2009 CONSOLIDATED ELECTRICAL DISTRIBUTORS 1 380. 63 AP - 00287045 8/26/2009 CONTINENTAL AMERICAN INSURANCE COMPt 16. 39 AP - 00287045 8!2612009 CONTINENTAL AMERICAN INSURANCE COMPt 140. 55 AP - 00287046 8/26/2009 COOPER, CHERYL 134. 40 AP - 00287046 8126!2009 COOPER, CHERYL 8. 00 AP - 00287047 8/26/2009 COPIES & INK PRINTING INC. 59. 29 AP - 00287047 8/26/2009 COPIES & INK PRINTING INC. 112. 58 AP - 00287048 8/26/2009 COPP CRUSHING CORP, DAN 20. 00 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8(26!2009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8/2612009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 355. 60 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 177. 80 AP - 00287049 8/2612009 COVENANT STAFFING INC. 533. 40 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 711. 20 AP - 00287049 8/26!2009 COVENANT STAFFING INC. 26. 67 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 13 .34 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 40 .01 AP - 00287049 8!26(2009 COVENANT STAFFING INC. 26. 67 AP - 00287049 8/26(2009 COVENANT STAFFING INC. 53. 34 AP - 00287049 8/26/2009 COVENANT STAFFING INC. 711. 20 AP - 00287050 8!26/2009 D & D DISPOSAL INC. 400. 00 AP - 00287051 8/26/2009 D3 EQUIPMENT 739. 94 AP - 00287051 8/26/2009 D3 EQUIPMENT 253. 39 AP - 00287052 8/26/2009 DAPPER TIRE CO 2,237 .88 AP - 00287053 8/26/2009 DAWSON SURVEYING INC. 3,200 .00 User: CHART -Carole Hart Page: 4 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P96 Agenda Check Resister 8/26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00287053 8126/2009 DAWSON SURVEYING INC. 625.00 AP - 00287054 8/26/2009 DE LA ROSA, ERICK 51.00 AP - 00287055 8/26/2009 DEER CREEK OIL & LUBE 20.92 AP - 00287055 8/26/2009 DEER CREEK OIL & LUBE 18.99 AP - 00287055 8/26/2009 DEER CREEK OIL & LUBE 18.99 AP - 00287055 8/26/2009 DEER CREEK OIL & LUBE 18.99 AP - 00287056 8/26/2009 DEPARTMENT OF JUSTICE 384.00 AP - 00287056 8!26/2009 DEPARTMENT OF JUSTICE 3,362.00 AP - 00287056 8/26/2009 DEPARTMENT OF JUSTICE 34.00 AP - 00287057 8/26/2009 DIAZ, VANESSA 37.35 AP - 00287058 8126!2009 DORNING INC, GLENN B 6.94 AP - 00287059 8/26!2009 EDFUND 146.18 AP - 00287061 8/26/2009 ELLIS ENTERPRISES 70.00 AP - 00287061 8/26/2009 ELLIS ENTERPRISES 50.00 AP - 00287061 8!26/2009 ELLIS ENTERPRISES 150.00 AP - 00287061 8/26/2009 ELLIS ENTERPRISES 330.00 AP - 00287061 8/26/2009 ELLIS ENTERPRISES 110.00 AP - 00287061 8!2612009 ELLIS ENTERPRISES 1,440.00 AP - 00287061 8/26/2009 ELLIS ENTERPRISES 1,000.00 AP - 00287061 8!2612009 ELLIS ENTERPRISES 50.00 AP - 00287062 8/26/2009 ELLISON-SCHNEIDER & HARRIS L.L.P. 1,104.00 AP - 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00287079 8/26/2009 FUKUSHIMA, JUDITH 1,881.00 AP - 00287080 8/26/2009 GABJOO, LLORI 38.00 AP - 00287081 8/26/2009 GALE GROUP,THE 31.28 AP - 00287082 8/26/2009 GENERATIONS ESTATE PLANNING, DBA 100.00 AP - 00287083 8!26/2009 GEOGRAPHICS 1,941.19 AP - 00287083 8/26(2009 GEOGRAPHICS 120.00 AP - 00287083 8/26/2009 GEOGRAPHICS 36.00 AP - 00287084 8/26/2009 GILBERT, VELMA 400.00 AP - 00287085 8/26/2009 GILLISON, JOHN 2826 AP - 00287086 ~ 8/26!2009 GOLF VENTURES WEST 100.17 AP - 00287087 8/26/2009 GONSALVES AND SON,JOE A 3,000.00 AP - 00287088 8/26/2009 GRAFFTTI TRACKER INC 2,500.00 AP - 00287089 8/26/2009 GRAINGER 53.35 AP - 00287089 8/26!2009 GRAINGER 72.53 User: CHART - Cazole Hart Page: S Current Date: 10!01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P97 Asenda Check Resister 8/26/2009 through 9/8/2009 Check No. Check Date VendorNa_me Amount AP - 00287089 8/26/2009 GRAINGER 24.80 AP - 00287089 8/26/2009 GRAINGER 136.06 AP - 00287089 8/26/2009 GRAINGER 238.17 AP - 00287089 8/26!2009 GRAINGER 4.76 AP - 00287089 8(26!2009 GRAINGER 6.49 AP - 00287089 8(26/2009 GRAINGER 269.87 AP - 00287089 8/26/2009 GRAINGER 33.69 AP - 00287089 8/26/2009 GRAINGER 105.96 AP - 00287090 8/26/2009 GRANT III, VINCENT 96.20 AP - 00287090 8/26/2009 GRANT III, VINCENT 96.20 AP - 00287090 8!26(2009 GRANT III, VINCENT 96.20 AP - 00287090 8/26/2009 GRANT III, VINCENT 96.20 AP - 00287090 8(26!2009 GRANT III, VINCENT 96.20 AP • 00287091 8/26/2009 GREEN ROCK POWER EQUIPMENT 184.78 AP - 00287092 8/26/2009 HAMILTON, MONIQUE 200.00 AP - 00287093 8/26/2009 HARALAMBOS BEVERAGE COMPANY 301.65 AP - 00287094 8/26/2009 HI STANDARD AUTOMOTIVE LLC. 780.12 AP - 00287095 8/26/2009 HILL'S PET NUTRITION 611.33 AP - 00287096 8/26/2009 HILLCREST CONTRACTING INC. 121,089.68 AP - 00287096 8/26/2009 HILLCREST CONTRACTING INC. -12,108.97 AP - 00287097 8/26/2009 HOSE MAN INC 129.14 AP - 00287097 8/26/2009 HOSE MAN INC 387.42 AP - 00287097 8/26/2009 HOSE MAN INC 144.17 AP - 00287098 8/26/2009 HUMANE SOCIETY OF SAN BERNARDINO VALI 1,965.00 AP - 00287099 8/26/2009 HYDROSCAPE PRODUCTS INC 150.45 AP - 00287099 8/26/2009 HYDROSCAPE PRODUCTS INC 17.76 AP - 00287100 8/26/2009 IBM CORPORATION 6,176.80 AP - 00287100 8/26/2009 IBM CORPORATION 227.92 AP - 00287100 8/26/2009 IBM CORPORATION 898.05 AP - 00287100 8/26/2009 IBM CORPORATION 1,920.35 AP - 00287100 8/2612009 IBM CORPORATION -870.48 AP - 00287100 8/26/2009 IBM CORPORATION -386.32 AP - 00287101 8/26/2009 INLAND PRESORT & MAILING SERVICES 183.61 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 592.50 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 881.25 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 602.50 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 237.50 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 412.50 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 433.75 AP - 00287102 8/2612009 INLAND VALLEY DAILY BULLETIN 1,185.00 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 606.25 AP - 00287102 8/26/2009 INLAND VALLEY DAILY BULLETIN 501.25 AP - 00287103 8/26/2009 INLAND VALLEY DAILY BULLETIN 770.00 AP - 00287104 8/26/2009 INLAND VALLEY DANCE ACADEMY 1,000.00 AP - 00281105 8/26/2009 INTERSTATE BATTERIES 373.38 AP - 00287106 8/26/2009 INTRAVAIA ROCK AND SAND INC 239.25 AP - 00287106 8/26/2009 INTRAVAIA ROCK AND SAND INC 239.25 AP - 00287107 8/26/2009 JACOBS DEVELOPMENT 500.00 AP - 00287108 8/26!2009 JAUREGUI &CULVER INC 152,434.33 AP - 00287108 8/26/2009 JAUREGUI &CULVER INC -15,243.43 AP - 00287109 8/26/2009 JOHNSON MACHINERY COMPANY 794.42 AP - 00287110 8/26/2009 KATZ OUTDOOR FITNESS 163.20 AP - 00287110 8/26/2009 KATZ OUTDOOR FITNESS 134.40 AP - 00287112 8/26!2009 KOA CORPORATION 9,181.04 User: CHART - Cazole Hart Page: 6 Current Date: 10/01!200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA Asenda Check Re¢ister 8/26/2009 through 9/8!2009 Check No. Check Date Vendor Name Amouut AP - 00287113 8/26/2009 KONE INC 490.44 AP - 00287114 8/26/2009 KONICA MINOLTA BUSINESS SOLUTIONS USA 300.00 AP - 00287115 8/26/2009 KORANDA CONSTRUCTION 9,740.00 AP - 00287116 8/26/2009 KORANDA CONSTRUCTION 7,175.00 AP - 0028711? 8/2612009 KUZMBQSKI, CHERISE 26.40 AP - 00287118 8/26!2009 LAB SAFETY SUPPLY INC 140.34 AP - 00287119 8(26/2009 LAND FORMS LANDSCAPE CONSTRUCTION IN~ 78,764.08 AP - 00287119 8/26/2009 LAND FORMS LANDSCAPE CONSTRUCTION INi -7,876.41 AP - 00287121 8/26/2009 LIEBERT CASSIDY WHITMORE 135.00 AP - 00287121 8/26/2009 LIEBERT CASSIDY WHITMORE 135.00 AP - 00287121 8/26/2009 LIEBERT CASSIDY WHITMORE 14,722.58 AP • 00287122 8/26/2009 LIIv1S AUTO INC 585.58 AP - 00287123 8/26/2009 LOMA LINDA UNIVERSITY 765.50 AP - 00287123 8/26!2009 LOMA LINDA UNIVERSITY 943.50 AP - 00287125 8/2612009 MACIAS GINI & O'CONELL LLP 4,943.75 AP - 00287126 8/26/2009 MALLI, LAKSHMIPRIYA 5,00 AP -00287128 8/26!2009 MARIPOSA HORTICULTURAL ENT INC 1,564.44 AP - 00287129 8/26/2009 MARTINEZ UNION SERVICE 45.00 AP - 00287130 8/26/2009 MATTHEW BENDER AND CO. INC. 87.47 AP - 00287132 8/26(2009 MCMASTER CARR SUPPLY COMPANY 316.42 AP - 00287133 8/26/2009 MICRO FOCUS 3,205.36 AP - 00287134 8/26/2009 MIDWEST TAPE 22.99 AP - 00287134 8/26(2009 MIDWEST TAPE 22.99 AP - 00287135 8/26/2009 MISIEUR, DENNIS - 974.81 AP - 00287136 8!26/2009 MISSOULA CHILDRENS THEATRE INC 500.00 AP - 00287136 8/26/2009 MISSOULA CHILDRENS THEATRE INC -35.00 AP - 00287137 8/26/2009 MOORE, MICHAEL 40.09 AP - 00287138 8/26/2009 MOUNTAIN VIEW GLASS AND MIRROR INC 358.73 AP - 00287139 8/26/2009 MOUNTAIN VIEW SMALL ENG REPAIR 17.47 AP - 00287140 8/26/2009 MRB DEER CREEK CAR WASH 18.99 AP - 00287141 8/26/2009 MSA INLAND EMPIRE/DESERT CHAPTER 40.00 AP - 00287142 8/26/2009 MYERS AND SONS HI WAY SAFETY INC. 3,308.00 AP - 00287142 8/26/2009 MYERS AND SONS HI WAY SAFETY INC. 43.39 AP - 00287143 8!2612009 MYLAND, IRWIN R 1,684.00 AP - 0028? 144 8/26/2009 NAPA AUTO PARTS 59.88 AP - 00287145 8/26/2009 NIELSEN, NETTIE 150.00 AP - 00287146 8/26/2009 NO LIMIT DJ PRODUCTIONS 300.00 AP - 00287147 8/26!2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 166.12 AP - 00287147 8!26!2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 118.00 AP - 00287147 8/26/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 68.62 AP - 00287148 8126!2009 OFFICE DEPOT 9.74 AP - 00287148 8/26/2009 OFFICE DEPOT 73.58 AP - 00287148 8/26/2009 OFFICE DEPOT -11.98 AP - 00287148 8/26/2009 OFFICE DEPOT 28,31 AP - 00287148 8/26/2009 OFFICE DEPOT 28.28 AP - 00287148 8/26/2009 OFFICE DEPOT 14.92 AP - 00287148 8/26/2009 OFFICE DEPOT 38.02 AP - 00287148 8/26/2009 OFFICE DEPOT 71.00 AP - 00287148 8/26/2009 OFFICE DEPOT 240.04 AP - 00287148 8/26/2009 OFFICE DEPOT 41.00 AP - 00287148 8/26/2009 OFFICE DEPOT 11.59 AP - 00281148 8/26/2009 OFFICE DEPOT ] 2.18 AP - 00287148 8/26/2009 OFFICE DEPOT 10.44 AP - 00287148 8/26!2009 OFFICE DEPOT 28.50 P98 User: CHART -Carole Hart Page: 7 Report: CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00287148 8/26!2009 OFFICE DEPOT 12.60 AP - 00287148 8!26/2009 OFFICE DEPOT 20.92 AP - 00287148 8/26/2009 OFFICE DEPOT 33.27 AP - 00287148 8/26/2009 OFFICE DEPOT 58.15 AP - 00287148 8/26/2009 OFFICE DEPOT -12.18 AP - 00287148 8/26/2009 OFFICE DEPOT 52.85 AP - 00287148 8126!2009 OFFICE DEPOT 218.49 AP - 00287145 8/2612009 OFFICE DEPOT 126.20 AP - 0028? 148 8!26/2009 OFFICE DEPOT 40.93 AP - 00287148 8/26/2009 OFFICE DEPOT 49.64 AP - 00287148 8/26/2009 OFFICE DEPOT 7.07 AP - 00287148 8/26/2009 OFFICE DEPOT 34.25 AP - 00287148 8!26!2009 OFFICE DEPOT -14.18 AP - 00287148 8/26/2009 OFFICE DEPOT 10.60 AP - 00287149 8/26/2009 ONTRAC 54.10 AP - 00287150 8/26/2009 OTT, LAURA 396.00 AP - 00287150 8/26/2009 OTT, LAURA 107.25 AP - 00287150 8126!2009 OTT, LAURA 240.00 AP - 00287151 8/26/2009 OTT, SHARON 210.00 AP - 00287151 8126{2009 OTT, SHARON 285.00 AP - 00287152 8/26/2009 PAL CAMPAIGN 82.00 AP - 00287153 8/2612009 PAPER DIRECT INC 14.93 AP - 00287154 8126/2009 PC WORLD 29.97 AP - 00287155 8/26/2009 PILONIETA, MANUEL - 200.00 AP • 00287156 8/26/2009 PITASSI ARCHITECTS INC 8,213.00 AP - 00287156 8/26/2009 PITASSI ARCHITECTS INC 176.07 AP - 00287157 8/26/2009 PITNEY BOWES 517.56 AP - 00287158 8/26/2009 PLANET BIDS 12,875.00 AP - 00287160 8/26/2009 POUCH DEPOT INC 1,040.00 AP - 00287161 8/26/2009 PRE-PAID LEGAL SERVICES INC 11.40 AP - 00287161 8/26/2009 PRE-PAID LEGAL SERVICES INC 232.29 AP - 00287162 8/26/2009 PRIDE LAUNDRY SYSTEMS INC 382.08 AP - 00287162 8/26/2009 PRIDE LAUNDRY SYSTEMS INC 99.50 AP - 00287164 8/26/2009 QWEST 2.93 AP - 00287165 8/26/2009 R AND R AUTOMOTNE 669.12 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 687.26 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 103.02 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 81.29 AP - 00287165 8!26/2009 R AND R AUTOMOTIVE 362.76 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 539.22 AP - 00287165 8/26/2009 R AND R AUTOMOTNE 235.13 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8/26(2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8126/2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8/26/2009 R AND R AUTOMOTNE 337.64 AP - 00287165 8/26/2009 R AND R AUTOMOTNE 453.68 AP - 00287165 8/26/2009 R AND R AUTOMOTNE 40.75 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.00 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 32.62 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 232.33 AP - 00287165 8!26/2009 R AND R AUTOMOTNE 40.75 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.00 AP - 00287165 8126/2009 R AND R AUTOMOTNE 434.75 P99 User: CHART -Carole Hart Page: 8 Current Date: 10/01/200 Report:CK AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P100 Agenda Check Resister 8/26/2009 through 9/8/2009 Check No. Check Date Vondor Name Amount AP - 00287165 8/26/2009 R AND R AUTOMOTNE 548.43 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.00 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 149.46 AP - 00287165 8/26!2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8/26!2009 R AND R AUTOMOTIVE 92.82 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.75 AP - 0028?768 8!26/2009 R AND R AUTOMOTIVE 56.29 AP - 00287165 8!26/2009 R AND R AUTOMOTIVE 609.92 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 40.75 AP - 00287165 8/26/2009 R AND R AUTOMOTIVE 913.63 AP - 00287167 8/26/2009 RANCHO CUCAMONGA OFFICE LLC 15,000.00 AP - 00287168 8/26/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 25.00 AP - 00287168 8!26/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00287168 8/26/2009 RANCHO REGIONAL VETERINARY HOSPITAL T. 50.00 AP - 00287168 8/26/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00287168 8/26(2009 RANCHO REGIONAL VETERINARY HOSPITAL I 50.00 AP - 00287168 8/26/2009 RANCHO REGIONAL VETERINARY HOSPITAL I 25,00 AP - 00287169 8/26/2009 RANDOM fIOUSE INC 104.50 AP - 00287170 8/2612009 RAPP, SCOTT 33.22 AP - 002871?1 8/26/2009 RBM LOCK AND KEY SERVICE 11.42 AP - 00287171 8/26/2009 RBM LOCK AND KEY SERVICE 205.39 AP - 00287171 8!26/2009 RBM LOCK AND KEY SERVICE 35.00 AP - 00287172 8/26/2009 RCPFA 8,549.64 AP - 00287173 8/2612009 'RED WING SHOE STORE 219.95 AP - 0028?1?3 8/26/2009 RED WING SHOE STORE 200.00 AP - 00287173 8/26/2009 RED WING SHOE STORE 198.73 AP - 00287173 8!26!2009 RED WING SHOE STORE 220.00 AP - 00287173 8/26/2009 RED WING SHOE STORE 225.00 AP - 00287173 8/26/2009 RED WING SHOE STORE 222.87 AP - 00287173 8/26/2009 RED WING SHOE STORE 224.99 AP - 00287173 8/26/2009 RED WING SHOE STORE 199.24 AP - 00287173 8/26!2009 RED WING SHOE STORE 224.99 AP - 0028?173 8(26!2009 RED WINO SHOE STORE 21?.41 AP - 00287173 8/26/2009 RED WING SHOE STORE 225.00 AP - 00287174 8/26/2009 RED WING SHOE STORE 224.98 AP - 00287174 8126/2009 RED WING SHOE STORE 175.62 AP - 00287174 8/2612009 RED WING SHOE STORE 189.23 AP - 00287174 8/26/2009 RED WING SHOE STORE 219.67 AP - 00287174 8/2612009 RED WING SHOE STORE 225.00 AP - 00287174 8/26/2009 RED WING SHOE STORE 15214 AP - 00287174 8/26/2009 RED WING SHOE STORE 203.88 AP - 00287174 8/26/2009 RED WING SHOE STORE 203.88 AP - 00287174 8/26/2009 RED WING SHOE STORE 222.33 AP - 00287174 8/26/2009 RED WING SHOE STORE 218.59 AP - 00287174 8!26/2009 RED WING SHOE STORE 185.97 AP - 00287174 8/26/2009 RED WING SHOE STORE 101.14 AP - 00287174 8/26/2009 RED WING SHOE STORE 217.50 AP - 00287174 8/26/2009 RED WING SHOE STORE 224.98 AP - 00287174 8/26/2009 RED WING SHOE STORE 202.28 AP - 00287174 8/26/2009 RED WING SHOE STORE 225.00 AP - 00287174 8/26/2009 RED WING SHOE STORE 213.13 AP - 00287174 8/26/2009 RED WING SHOE STORE 166.38 AP - 00287174 8/26/2009 RED WING SHOE STORE 175.62 User: CHART -Carole Hart Page: 9 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/011200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount P101 AP - 00287174 8/26/2009 RED WING SHOE STORE 224.98 AP - 00287174 8/26/2009 RED WING SHOE STORE 175.62 AP - 00287175 8/26/2009 RELIABLE GRAPHICS 480.68 AP - 00287175 8/26/2009 RELIABLE GRAPHICS 637.28 AP - 00287175 8/26/2009 RELIABLE GRAPHICS 1,413.75 AP - 00287176 8/26/2009 RIVERA, GEORGE 495.60 AP - 00287176 8/26/2009 RIVERA, GEORGE 991.20 AP - 00287176 8/26/2009 RIVERA, GEORGE 991.20 AP - 00287177 8/26/2009 SADICK, DOROTHY 2,704.00 AP - 00287179 8/26/2009 SAFELITE FULFILLMENT INC 452.32 AP - 00287179 8/26/2009 SAFELITE FULFILLMENT INC 446.88 AP - 00287180 8/26/2009 SALEM ENGINEERING GROUP INC 20200 AP - 00287180 8/26/2009 SALEM ENGINEERING GROUP INC 1,273.00 AP - 00287181 8/26/2009 SAN BERNARDINO COUNTY 53,995.48 AP - 00287182 8/26/2009 SAN BERNARDINO COUNTY 184,491.30 AP - 00287183 8/26/2009 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,441.78 AP - 00287184 8/26/2009 SAN BERNARDINO COUNTY 25.00 AP - 00287184 8/26/2009 SAN BERNARDINO COUNTY 50.00 AP - 00287185 8/26/2009 SAN BERNARDINO COUNTY 840.00 AP - 00287188 8/26/2009 SANS INSTITUTE 3,795.00 AP - 00287189 8/26/2009 SBPEA 913.77 AP - 00287190 8/26/2009 SCOTT, DIANA 375.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 108.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 104.40 AP - 00287191 8/26/2009 .SENECHAL, CALVIN 64.80 AP - 00287191 8/26/2009 SENECHAL, CALVIN 115.20 AP - 00287191 8!26/2009 SENECHAL, CALVIN 68.40 AP - 00287191 8/26/2009 SENECHAL, CALVIN 20.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 33.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 19.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 30.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 115.20 AP - 00287191 8/26/2009 SENECHAL, CALVIN 54.00 AP - 00287191 8/26/2009 SENECHAL, CALVIN 63.00 AP - 00287192 8/26/2009 SERVICE SOLUTIONS GROUP 196.00 AP - 00287192 8/26/2009 SERVICE SOLUTIONS GROUP -30.56 AP - 00287193 8/26/2009 SF CONCRETE SPECIALIST 500.00 AP - 00287194 8/26/2009 SHADES OF GREEN GRASS PAINTING 250.00 AP - 00287195 8/26/2009 SHEAKLEY 111:80 AP - 00287195 8/26/2009 SHEAKLEY 12.00 AP - 00287195 8/26/2009 SHEAKLEY 7.20 AP - 00287195 8/26/2009 SHEAKLEY 14.40 AP - 00287195 8/26/2009 SHEAKLEY 51.60 AP - 00287196 8/26/2009 SHERATON PHOENIX DOWNTOWN HOTEL 468.17 AP - 00287197 8/26/2009 SHERATON PHOENIX DOWNTOWN HOTEL 468.17 AP - 00287198 8/26/2009 SHERIFFS COURT SERVICES 250.00 AP - 00287199 8/26/2009 SHERIFFS COURT SERVICES 300.00 AP - 00287200 8/26/2009 SHERIFFS COURT SERVICES 446.25 AP - 00287201 8/26/2009 SHERIFFS COURT SERVICES 777.82 AP - 00257202 8/26/2009 SHERIFFS COURT SERVICES 130.00 AP - 00287203 8/26/2009 SHERIFFS COURT SERVICES 300.00 AP - 00287204 8/26/2009 SHOETERIA 215.30 AP - 00287204 8/26/2009 SHOETERIA 220.20 AP - 00287204 8/26/2009 SHOETERIA 220.20 User: CHART - Cazole Hart Page: 10 Current Date: 10/01/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P102 Aeenda Check Register 8/26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00287204 8!26/2009 SHOETERIA 225.00 AP - 00287204 8/26!2009 SHOETERIA 29.45 AP - 00287204 8/26/2009 SHOETERIA 225.00 AP - 00287204 8/26(2009 SHOETERIA 215.30 AP - 00287204 8/26!2009 SHOETERIA 215.30 AP - 00287204 8/26!2009 SHOETERIA 225.00 AP - 00287205 8/26/2009 SHRED PROS 65.00 AP - 00287206 8/26/2009 SIBARANI, THIODORA 60.00 AP - 00287207 8/26/2009 SIGN SHOP, THE 268.88 AP - 00287207 8/26/2009 SIGN SHOP, THE 39.15 AP - 00287208 8/26/2009 KELLY, SUSAN SLUKA 150.00 AP - 00287210 8!26!2009 SMITH, DIANE 48.00 AP - 00287211 8/26/2009 SO CALIF GAS COMPANY 41.66 AP - 00287211 8/26!2009 SO CALIF GAS COMPANY 952.01 AP - 00287211 8/26/2009 SO CALIF GAS COMPANY 801.15 AP - 002872 t I 8/26/2009 SO CALIF GAS COMPANY 1,839.08 AP - 00287211 8/26/2009 SO CALIF GAS COMPANY 360.34 AP - 00287211 8/26/2009 SO CALIF GAS COMPANY 591.47 AP - 00287211 8!26(2009 SO CALIF GAS COMPANY 15.71 AP - 00287211 8/26/2009 SO CALIF GAS COMPANY 127.46 AP - 00287211 8/26/2009 SO CALIF GAS COMPANY 27.13 AP - 0028721 ] 8/26!2009 SO CALIF GAS COMPANY 9.53 AP - 00287212 8/26/2009 SO CALIF GAS COMPANY 720.70 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 8,129:66 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.98 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 64.59 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 59.50 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 74.09 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 27.55 AP - 00287216 812612009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 49.97 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 42.02 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 66.84 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 3.83 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.09 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 89.29 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26!2009 SOUTHERN CALIFORNIA EDISON 17.96 AP - 00287216 8!2672009 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 67.79 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 132.47 AP - 00287216 8!26(2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.18 AP - 00287216 8!26/2009 SOUTHERN CALIFORNIA EDISON 76.88 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 15224 User: CHART - Cazole Hart Page: I 1 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA Airenda Check I2eeister 8/26/2009 through 9/812009 P103 Check No. Check Date Vendor Name Amount AP - 00287216 8/26!2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 74.86 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 53.04 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.82 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 55.62 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26!2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 51.83 AP - 00287216 8/2612009 SOUTHERN CALIFORNIA EDISON 72.64 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 132.46 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 75.84 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.78 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 5037 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 9.94 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 44,20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 1,296.94 AP - 00287216 8/26/2009 SOUTHERN CALIFORNL9 EDISON 25.29 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 50.95 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 115.39 AP - 00287216 8/26!2009 SOUTHERN CALIFORNIA EDISON 38.30 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 48.49 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 43.16 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.78 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 22.54 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287216 8!26/2009 SOUTHERN CALIFORNIA EDISON 94.32 AP - 00287216 8!26/2009 SOUTHERN CALIFORNIA EDISON 239.41 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 75.54 AP • 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 46.84 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 59.83 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.61 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 38.84 AP - 00287216 8!26(2009 SOUTHERN CALIFORNIA EDISON 24.79 AP - 00287216 8!2612009 SOUTHERN CALIFORNIA EDISON 180.78 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 35.26 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.85 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 344.62 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 603.13 User: CHART - Cazole Hart Page: 12 Current Date: 10/01/200 Roport:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12;0 CITY OF RANCHO CUCAMONGA P104 Agenda Check Resister 8/26/2009 through 918!2009 Check No. Cheek. Date Vendor Name Amount AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 704.47 AP - 00287216 8/26!2009 SOUTHERN CALIFORNIA EDISON 1,366.54 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 1927 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.43 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.35 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.99 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 36.08 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 73.72 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 29.40 AP - 00287216 8/26(2009 SOUTHERN CALIFORNIA EDISON 184.61 AP - 00287216 8!2612009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 28.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 62.36 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 58.86 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 109.68 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 820.83 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 110.54 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 144.95 AP - 002872 ] 6 8/26/2009 SOUTHERN CALIFORNIA EDISON 127.14 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 46.16 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 21.12 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 55.32 AP - 00287216 8/26(2009 SOUTHERN CALIFORNIA EDISON 20.92 AP - 00287216 8!26/2009 SOUTHERN CALIFORNIA EDISON 59.71 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287216 8/2612009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287216 8/26!2009 SOUTHERN CALIFORNIA EDISON 9.12 AP - 00287216 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.54 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 3,374.99 AP - 0028?223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.01 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.01 AP - 00287223 8/2612009 SOUTHERN CALIFORNIA EDISON 20.12 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.34 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.61 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.01 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.62 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.01 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 51.26 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 66.45 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 73.23 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 109.34 AP - 00287223 8(26(2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8!26!2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 46.22 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 26.20 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 2248 User: CHART - Cazole Hart Page: 13 Report:CK AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: ]0/01{200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA P105 Agenda Check Register 8/2612009 through 9/8/2009 Check No. Check Date Vendor N_ ame Amount AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.18 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 47.23 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 21.69 AP - 00287223 8(26/2009 SOUTHERN CALIFORNIA EDISON 20.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 442.92 AP - 00287223 8/26(2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8!26(2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8!2612009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 73.73 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.23 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.70 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 23.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 44.96 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8126/2009 SOUTHERN CALIFORNIA EDISON 112.87 AP - 00287223 8(2612009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 69.98 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 82.44 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 59.24 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON 19.18 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8126/2009 SOUTHERN CALIFORNIA EDISON 60.76 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 63.69 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 65.18 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 105.86 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 24.26 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.34 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON ] 8.36 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 22.64 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 29.25 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 1,150.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 82.86 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.46 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.61 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 301.47 AP - 00287223 8/26/2004 SOUTHERN CALIFORNIA EDISON 26.64 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON 10.49 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.48 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.89 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 52.54 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 47.94 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.34 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 81.89 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 77.1 I User: CHART -Carole Hart Page: 14 Report: CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/20p Time: 08:12:0 CITY OF RANCHO CUCAMONGA A¢enda Check Resister 8/26/2009 through 918/2009 Check No. Check Date Vendor Name AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/2612009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00257223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON P106 Amount 115.54 78.27 24.31 18.84 18.56 20.01 20.48 44.42 44.47 39.91 30.04 19.84 58.12 18.56 16.86 126.55 18.56 18.70 18.56 18.56 21.17 68.02 80.65 19.00 20.01 17.92 22.81 58.48 86.52 50.84 59.96 18.70 19.84 90.47 19.61 18.20 18.20 18.25 17.92 104.64 51.23 94.99 48.76 18.56 19.61 21.37 25.14 26.82 53.47 18.70 44.68 53.37 19.14 18.56 User: CHART - Cazole Hart Page: 15 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA P107 Agenda Check Register 8/26/2009 through 918!2009 Check No. Check Date Vendor_Name Amount AP - 00287223 8!26!2009 SOUTHERN CALIFORNIA EDISON 49.29 AP -00287223 8!26!2009 SOUTHERN CALIFORNIA EDISON 20.73 AP -0028?223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.84 AP -00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON ~ 19.00 AP -00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.12 AP -00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.12 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 21.51 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 20.73 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 23.36 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 32.22 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 59.76 AP - 00287223 8126/2009 SOUTHERN CALIFORNIA EDISON 25.34 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 22.51 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.01 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 39.77 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 49.50 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 55.22 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.28 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.62 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.12 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 205.83 AP - 00287223 8/26/2009 SOUTHERN CALIFORI~IIA EDISON 18.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.73 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.45 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 5,997.72 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 60.25 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA1 EDISON 37.67 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 69.41 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 20.46 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 21.69 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNLA EDISON 57.74 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 4,747.44 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 56.57 AP - 00287223 8/26/2009 SOUTHERN CALIFORNLA EDISON 18.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 10.41 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 57.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 30.57 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 53.82 AP - 00287223 8/26(2009 SOUTHERN CALIFORNIA EDISON 19.34 AP - 00287223 8!26(2009 SOUTHERN CALIFORNIA EDISON 31.86 AP - 00287223 8(2612009 SOUTHERN CALIFORNIA EDISON 120.63 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.36 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP -00287223 8/26!2009 SOUTHERN CALIFORNIA EDISON 17.92 User: CHART - Cazole Hart Page: t6 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08;12:0 CITY OF RANCHO CUCAMONGA P108 Agenda Check Resister 8/26/2009 through 9/8/2009 'Check No. Check Date Vendor Name Amount AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8!26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.50 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.20 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 47.95 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 ' SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 194.73 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 178.12 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 1792 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 14.04 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 14.47 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 62.04 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 65.33 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 33.60 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 70.59 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 325.40 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 209.73 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 244.80 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 119.41 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 23.48 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 10.49 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 94.74 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 22.64 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 60.98 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 48.81 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 37.06 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 45.19 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 78.62 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 35.99 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 35.37 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 19.20 AP - 00287223 8/26/2009 SOUTHERN CALIFORNIA EDISON 127.75 AP - 00287224 8/26/2009 SOUTHERN CALIFORNIA EQUIPMENT 65.00 AP - 00287224 8/26/2009 SOUTHERN CALIFORNIA EQUIPMENT 47.14 AP - 00287224 8/26/2009 SOUTHERN CALIFORNIA EQUIPMENT 251.58 AP - 00287225 8/26/2009 SOUTHERN CALIFORNIA EDISON 2,328.09 AP - 00287226 8/26/2009 SPARKLETTS 102.00 AP - 00287227 8/26/2009 SPECIALIZED BUILDER'S HARDWARE INC 75.28 AP - 00287228 8/26/2009 STERICYCLE INC 416.40 AP - 00287229 8/26/2009 STOFA, JOSEPH 12.00 AP - 00287230 8/26/2009 STOVER SEED COMPANY 1,332.19 AP - 00287231 8/26/2009 SUNGARD PUBLIC SECTOR INC 370.00 AP - 00287231 8/26/2009 SUNGARD PUBLIC SECTOR INC 693.75 AP - 00287232 8/26/2009 SUNGARD PUBLIC SECTOR INC 555.00 User: CHART -Carole Hart Page: 17 Current Date: 10/01/200 Report:CK_AGENDA_R EG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CLTCAMONGA P109 Agenda Cheek Register 8/26/2009 through 9/8/2009 Check No. Check Date Veador Name Amount AP - 00287233 8!26!2009 SUNSHINE GROWERS NURSERY INC 32.63 AP - 00287234 8/26/2009 TARVER, MAQUITA 44.00 AP - 00287235 8/26/2009 TOM DODSON & ASSOCIATES 1,500.00 AP - 00287236 8126!2009 TOMARK SPORTS INC 241.39 AP - 00287237 8/26/2009 TRANS WEST TRUCK CENTER 368.12 AP - 00287238 8/26!2009 TRUGREEN LANDCARE 450.00 AP - 00287238 8!26/2009 TRUGREEN LANDCARE 941.04 AP - 00287238 8!26/2009 TRUGREEN LANDCARE 587.13 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 2,046.33 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 3,823.14 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 11,191.03 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 57.34 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 16,148.12 AP - 00287238 8/26(2009 TRUGREEN LANDCARE 59,397.32 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 23,541.07 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 4,511.68 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 7,827.06 AP - 00287238 8!26!2009 TRUGREEN LANDCARE 84.43 AP - 00287238 8/2612009 TRUGREEN LANDCARE 11,603.97 AP - 00287238 8!26/2009 TRUGREEN LANDCARE 496.54 AP - 00287238 8/26!2009 TRUGREEN LANDCARE 2,556.32 AP - 00287238 8!26/2009 TRUGREEN LANDCARE 988.44 AP - 00287238 8!2612009 TRUGREEN LANDCARE 19,751.62 AP - 00287238 8/26/2009 TRUGREEN LANDCARE 2,018.47 AP - 0028?238 8/26/2009 TRUGREEN LANDCARE 265.40 AP - 00287239 8/2612009 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00287239 8/26/2009 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00287240 8!26/2009 TW TELECOM 4,010.96 AP - 00287241 8/26/2009 UNIFIRST UNIFORM SERVICE 50.10 AP - 00287241 8/26/2009 UNIFIRST UNIFORM SERVICE 124.90 AP - 00287241 8/26/2009 UNIFIRST UNIFORM SERVICE 134.90 AP - 00287241 8/26/2009 UNIFIRST UNIFORM SERVICE 766.60 AP - 00287242 8/26/2009 UNIQUE MANAGEMENT SERVICES INC 910.27 AP - 00287243 8/26/2009 UNITED SITE SERVICES OF CA INC 132.96 AP - 00287244 8/26/2009 UNITED WAY 11.00 AP - 00287244 8/26/2009 UNITED WAY 246.82 AP - 00287245 8/26/2009 UPLAND ANIMAL HOSPITAL 50.00 AP - 00287245 8/26!2009 UPLAND ANIMAL HOSPITAL 50.00 AP - 00287245 8/26/2009 UPLAND ANIMAL HOSPITAL 50.00 AP - 00287246 8!26!2009 UPS 38.41 AP - 00287249 8(26/2009 VASQUEZ, LESLIE 240.00 AP - 00287249 8/26/2009 VASQUEZ, LESLIE 240.00 AP - 00287250 8/26/2009 VASTA, WILLIAM 543.75 AP - 00287251 8/26/2009 VERIZON BUSINESS 1,954.63 AP - 00287252 8/26/2009 VERIZON BUSINESS 134.01 AP - 00287254 8126!2009 VERIZON 93.91 AP - 00287254 8!26/2009 VERIZON 84.81 AP - 00287254 8/26/2009 VERIZON 44.48 AP - 00287254 8/2612009 VERIZON 210.58 AP - 00287254 8/26/2009 VERIZON 584.96 AP - 00287254 8!26!2009 VERIZON 127.93 AP - 00287254 8/26/2009 VERIZON - 38.55 AP - 00287254 8/26/2009 VERIZON 18.27 AP - 00287254 8/26/2009 VERIZON 36.65 User: CHART -Carole Hart Page: 18 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12;0 CITY OF RANCHO CUCAMONGA P110 Agenda Check Resister 8/26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00287254 8/26/2009 VERIZON 18.43 AP - 00287254 8/26/2009 VERIZON 66.54 AP - 00287254 8!2612009 VERIZON 35.52 AP - 00287254 8/26!2009 VERIZON 35.52 AP - 00287254 8/26/2009 VERIZON 34.35 AP - 00281254 8126/2009 VERIZON 88.07 AP - 00287254 8/26/2009 VERIZON 20.40 AP - 00287254 8/26!2009 VERIZON 18.27 AP - 00287254 8/26/2009 VERIZON 18.27 AP - 00287254 8/26/2009 VERIZON 88.07 AP - 00287254 8/26/2009 VERIZON 18.79 AP - 00287254 8/26/2009 VERIZON 36.65 AP - 00287254 8/26/2009 VERIZON 36.65 AP - 00287254 8/26/2009 VERIZON 36.70 AP - 00287254 8/26/2009 VERIZON 36.65 AP - 00287254 8/26/2009 VERIZON 497.18 AP - 00287254 8/26/2009 VERIZON 18.27 AP - 00287254 8/26/2009 VERIZON 18.27 AP - 00287254 8/26/2009 VERIZON 18.27 AP - 00287254 8/26/2009 VERIZON 35.52 AP - 00287254 8/26/2009 VERIZON 1827 AP - 00287254 8/26!2009 VERIZON 35.52 AP - 00287254 8/26/2009 VERIZON 18.27 AP - 00287254 8/2612009 VERIZON 88.07 AP - 00287254 8/26(2009 VERIZON 88.07 AP - 00287254 8/26/2009 VERIZON 36.65 AP - 00287254 8/26/2009 VERIZON 36.65 AP - 00287254 8/26/2009 VERIZON 90.29 AP - 00287254 8/26/2009 VERIZON 300.30 AP - 00287255 8/26/2009 VISION SERVICE PLAN CA 10,154.88 AP - 00287256 8/26/2009 VMWARE INC 8,985.00 AP - 00287257 8/26/2009 VORTEX INDUSTRIES INC 1,352.00 AP - 00287257 8/26/2009 VORTEX INDUSTRIES INC 15,250.00 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 635.91 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 523.64 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 1,085.64 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 494.87 AP - 00287258 8/26!2009 VULCAN MATERIAIS COMPANY 1,685.36 AP - 00287258 8/26!2009 VULCAN MATERIALS COMPANY 104.43 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 1,037.24 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 1,333.51 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 1,470.84 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 1,449.71 AP - 00287258 8/26/2009 VULCAN MATERIALS COMPANY 148.03 AP - 00287259 8/26/2009 WALTER, JACOB 86.00 AP - 00287260 8/26/2009 WALTERS WHOLESALE ELECTRIC CO 204.71 AP - 00287261 8/26/2009 WAXIE SANITARY SUPPLY 903.47 AP - 00287261 8/26/2009 WAXIE SANITARY SUPPLY 55.25 AP - 00287261 8/26/2009 WAXIE SANITARY SUPPLY 73.59 AP - 00287261 8/26/2009 WAXIE SANITARY SUPPLY 1,136.97 AP - 00287261 8/26/2009 WAXIE SANITARY SUPPLY 326.71 AP - 00287261 8/26/2009 WAXIE SANITARY SUPPLY 93.64 AP - 00287262 8/26/2009 WEBTRENDS INC 740.00 AP - 00287263 8/26/2009 WELLS FARGO BANK N A 2,000.00 User: CHART -Carole Hart Page: 19 Current Date: 10!01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P111 Asenda Check Resister 8/26/2009 through 9!8/2009 Check No. Check Date Vendor Name Amount AP - 00287263 8/26/2009 WELLS FARGO BANK N A 2,000.00 AP - 00287265 8/26/2009 WEST COAST SAND AND GRAVEL INC 589.66 AP - 00287266 8/26/2009 WEST COAST TURF 298.38 AP - 00287266 8/2612009 WEST COAST TURF 199.02 AP - 00287268 8/26/2009 WEST GOVERNMENT SERVICES 25.00 AP - 00287270 8/26!2009 WESTERN ELECTRICITY COORDINATING COUI 18.34 AP - 00287271 $!26/2009 WHITTLER FERTILIZER 946.13 AP - 00287272 8!26(2009 WITHERSPOON, DOROTHY 250.00 AP - 00281273 8/26/2009 XEROX CORPORATION 412.20 AP - 00287274 8!26/2009 YANCY, MICHELLE 468.54 AP - 00287275 8/26/2009 YORK INDUSTRIES 913.50 AP - 00287276 8/26/2009 ZEE MEDICAL INC 1,254.09 AP - 00287276 8!2612009 ZEE MEDICAL INC 1,366.57 AP - 00287276 8/26/2009 ZEE MEDICAL INC 552.32 AP - 00287277 8126!2009 ZIRGFS, AItLENE 252.00 AP - 00287278 8!27/2009 DICKEY'S BARBECUE PIT 3,074.91 AP - 00287279 8!27!2009 E&D PARTY RENTALS 173.48 AP - 00287280 8/27/2009 MAHER, RHONDA 150.00 AP - 00287281 8/27/2009 ROSENBERG, RON 250.00 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 56.32 AP - 00287282 9/2!2009 A AND R TIRE SERVICE 20.96 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 35.96 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 1,109.64 AP - 00287282 9!212009 A AND R TIRE SERVICE 619.54 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 2808 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 41.93 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 69.95 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9/212009 A AND R TIRE SERVICE 69.95 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9!2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9/2(2009 A AND R TIRE SERVICE 1,137.75 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 25.53 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 20.96 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 25.53 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 1,297.70 AP - 00281282 9/2/2009 A AND R TIRE SERVICE 559.17 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 10.48 AP - 00287282 9!212009 A AND R TIRE SERVICE 58.27 AP - 00287282 9!2/2009 A AND R TIRE SERVICE 201.12 AP - 00287282 9/2/2009 A AND R TIRE SERVICE 983.08 AP - 00287283 9/2/2009 A&V SOFTBALL 3,151.00 AP - 00287284 9/2/2009 AA EQUIPMENT RENTALS CO INC 113.01 AP - 00287284 9/2/2009 AA EQUIPMENT RENTALS CO INC 250.81 AP - 00287284 9/2/2009 AA EQUIPMENT RENTALS CO INC 1,539.06 AP - 00281285 9/2/2009 ABC LOCKSMITHS 22.53 AP - 00287286 9/2/2009 ACCOUNTEMPS 426,72 AP - 00287286 9/2/2009 ACCOUNTEMPS 426.72 AP - 00287286 9/2/2009 ACCOUNTEMPS 71 ].20 AP - 00287286 9/2/2009 ACCOUNTEMPS 568.96 User: CHART - Cazole Hart Page: 20 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P112 Asenda Check Resister 8/26/2009 through 9/8/2009 heck No. Check Date Vendor Name Amount AP - 00287287 9/2/2009 ACEY DECY EQUIPMENT INC. 219.50 AP - 00287289 912/2009 AGUILERA, ISAIAH ~ 104.00 AP - 00287289 9/212009 AGUILERA, ISAIAH 104.00 AP - 00287289 9/212009 AGUILERA, ISAIAH 104.00 AP - 00287289 9/2/2009 AGUILERA, ISAIAFI 104.00 AP - 00287289 9/2/2009 AGUILERA, ISAIAH 104.00 AP - 00287290 912!2009 AIRGAS WEST 93.92 AP - 00287290 9!272009 AIRGAS WEST 58.11 AP - 00287291 9/2/2009 ALEXANDER HAMILTON INSTITUTE INC. 38.45 AP - 00287292 9/2/2009 ALISEN NAILS 40.00 AP - 00287294 9/2/2009 ALLIANCE RESOURCE CONSULTING LLC ~ 1,215.05 AP - 00287296 9/2!2009 ALOFT ONTARIO-RANCHO CUCAMONGA 25.00 AP - 00281296 912/2009 ALOFT ONTARIO-RANCHO CUCAMONGA 270.00 AP - 00287297 9/212009 AMERICAN ASPHALT SOUTH INC 285,774.76 AP - 00287297 9!2!2009 AMERICAN ASPHALT SOUTH INC -28,577.48 AP - 00287298 9(2!2009 AMERICAN BARRICADE INC. 594.21 AP - 00287298 9/2/2009 AMERICAN BARRICADE INC. 75.91 AP - 00287298 9/2/2009 AMERICAN BARRICADE INC. 485.79 AP - 00287299 9/2/2009 AMERICAN REGISTRY FOR INTERNET NUMBEI ] 00.00 AP - 00287300 9/2/2009 AMTECH ELEVATOR SERVICES 233.71 AP - 00287301 9/2/2009 ANTECH DIAGNOSTICS 1,464.01 AP - 00287302 9/2/2009 ANTHEM BLUE CROSS 155,573.13 AP - 00287303 9/2!2009 ARB/PERP AIR RESOURCES BOARD 620.00 AP - 00287304 9/2!2009 ARB/PERP AIR RESOURCES BOARD 620.00 AP - 00287305 9/2!2009 ARB/PERP AIR RESOURCES BOARD 2,290.00 AP - 00287306 9/2/2009 ARB/PERP AIR RESOURCES BOARD 2,080.00 AP - 00287307 9/2/2009 ARB/PERP AIR RESOURCES BOARD 2,080.00 AP - 00287308 9/2/2009 ARCHIBALD PET HOSPITAL 550.00 AP - 00287309 9/2/2009 ASHTON, DAVID 100.00 AP - 00287309 9/2/2009 ASHTON, DAVID 15.00 AP - 00287310 9/2!2009 ASTRUM UTILITY SERVICES 8,230.00 AP - 0028731 I 9/2/2009 AWAD, LYNDA 24.00 AP - 00287312 9/2/2009 B AND K ELECTRIC WHOLESALE 675.62 AP - 00287312 9/2/2009 B AND K ELECTRIC WHOLESALE 1,704.79 AP - 00287312 9/2/2009 B AND K ELECTRIC WHOLESALE 233.60 AP •00287313 9/2/2009 B.A.H.S. 313.57 AP-00287313 9/2/2009 B.A.H.S. 11.61 AP - 00287313 9/2!2009 B.A.H.S. 2,943.63 AP - 00287314 9!2/2009 BADWAN, PATRICIA 179.67 AP - 00287316 9!2/2009 BAYER HEALTHCARE LLC 152.51 AP - 00287317 9/2/2009 BERMUDEZ, ELIZABETH 240.00 AP - 00287318 9/2/2009 BMJ WORK GROUP INC 217.50 AP - 00287318 9/2/2009 BMJ WORK GROUP INC 217.50 AP - 00287318 9!212009 BMJ WORK GROUP INC 225.00 AP - 00287318 9/2/2009 BMJ WORK GROUP INC 217.50 AP - 00287318 9/2/2009 BMJ WORK GROUP INC 217.50 AP - 00287318 9/2/2009 BMJ WORK GROUP INC 217.50 AP - 00287318 9/2/2009 BMJ WORK GROUP INC 217.50 AP - 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00287490 9/2/2009 SOUTHERN CALIFORNIA EDISON 79.56 AP - 00287490 9/2/2009 SOUTHERN CALIFORNIA EDISON 121.04 AP - 00287491 9!2/2009 SOUTHERN CALIFORNIA EDISON 1,283.40 AP - 00287491 9/2/2009 SOUTHERN CALIFORNIA EDISON 1,242.00 AP - 00287491 9/2/2009 SOUTHERN CALIFORNIA EDISON 2,166.81 AP - 0028749t 9/2/2009 SOUTHERN CALIFORNIA EDISON 1,282.48 AP - 00287491 9/2/2009 SOUTHERN CALIFORNIA EDISON 1,200.60 AP - 00287492 9/2/2009 SPOONFACTORY 35.00 AP - 00287493 9/2/2009 STEVES TOWING AND TRANSPORT 250.00 AP - 00287495 9/2/2009 SUNBELT RENTALS INC 350.94 AP - 00287496 9/2/2009 SUNSHINE GROWERS NURSERY INC 122.67 AP - 00287497 9/2/2009 TEREX UTILITIES WEST 489.38 User: CHART - Cazole Hart Page: 32 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P124 Agenda Check Re>rister 8!26/2009 through 9/8/2009 Check No. Check Date Vendor Name Amount AP - 00287498 9/2/2009 TRANSFORCE IIJC 52.87 AP - 00287499 972/2009 TRI STAR INTERIORS 122.00 AP - 00287500 9/2/2009 TRUGREEN LANDCARE - 2,271.31 AP - 00287500 9/2/2009 TRUGREEN LANDCARE 361.00 AP - 00287501 9/2/2009 UNIFIRST UNIFORM SERVICE• 707.46 AP - 00287501 972/2009 UNIFIRST UNIFORM SERVICE 44.60 AP - 00287501 9/2/2009 UNIFIRST UNIFORM SERVICE 120.40 AP - 00287503 9{212009 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 273.44 AP - 00287503 9(2!2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 3,144.49 AP - 00287504 912!2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 50,256.30 AP - 00287505 9/2/2009 UNITED FENC£ ERECTORS 2,335.00 AP - 00287506 9/2!2009 UNITED PACIFIC SERVICES INC 18,589.00 AP - 00287506 9/2/2009 UNITED PACIFIC SERVICES INC 11,828.00 AP - 00287506 9/2/2009 UNTIED PACIFIC SERVICES INC 21,570.00 AP - 00287506 912!2009 UNITED PACIFIC SERVICES INC 20,542.00 AP - 00287506 9/2/2009 UNITED PACIFIC SERVICES INC 4,440.00 AP - 00287507 9/2/2009 UNITED SCENIC ARTISTS PENSION & WELFARI 341.53 AP - 00287508 9/2/2009 UNITED SITE SERVICES OF CA INC 10.69 AP - 00287509 9/2/2009 UNITED STATES TREASURY 150.00 AP - 00287510 9/2/2009 UPS STORE 30.45 AP - 00287511 9/2/2009 UPSCO POWERSAFE SYSTEMS INC 14,000.00 AP - 00287512 9/2/2009 UPS 28.29 AP - 00287512 9/2/2009 UPS 78.42 AP - 00287513 9/2/2009 UTI 1,154.82 AP - 00287515 9/2/2009 VARGAS, JUANITA 60.00 AP - 00287522 9/2/2009 VERIZON 475.89 AP - 00287522 9/2/2009 VERIZON 475.89 AP - 00287522 9{2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 36.83 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 36.65 AP - 00287522 9/2/2009 VERIZON 34.35 AP - 00287522 9/2/2009 VERIZON 150.57 AP - 00287522 9/2/2009 VERIZON SS.57 AP - 00287522 9/2/2009 VERIZON 18.79 AP - 00287522 9/2/2009 VERIZON 38.07 AP - 00287522 9/2/2009 VERIZON 244.79 AP - 00287522 9/2/2009 VERIZON 34.35 AP - 00287522 9/2/2009 VERIZON 35.36 AP - 00287522 9!2/2009 VERIZON 18.79 AP - 00287522 9/2/2009 VERIZON 36.65 AP - 00287522 9/2!2009 VERIZON 36.65 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 35.52 AP - 00287522 9/2/2009 VERIZON 119.35 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 106.54 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 584.96 AP - 00287522 9/2/2009 VERIZON 36.65 AP - 00287522 9/2/2009 VERIZON 208.79 User: CHART - Cazole Hart Page: 33 Current Date: 10/0]/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:12:0 CITY OF RANCHO CUCAMONGA P125 Agenda Check Resister 8/26/2009 through 9/8!2009 Check No. Check Date Vendor Name Amount AP - 00287522 9/2/2009 VERIZON 59.70 AP - 00287522 9/2/2009 VERIZON 73.28 AP - 00287522 9/2/2009 VERIZON 36.65 AP - 00287522 9/2/2009 VERIZON 480.40 AP - 00287522 9!2/2009 VERIZON 88.07 AP - 00287522 9/2/2009 VERIZON 378.36 AP - 00287522 9/212009 VERIZON 34.38 AP - 00287522 9/2/2009 VERIZON 34.35 AP - 00287523 9/2/2009 VULCAN MATERIALS COMPANY 532.13 AP - 00287523 9/2/2004 VULCAN MATERIALS COMPANY 298.44 AP - 00287523 9!2/2009 VULCAN MATERIALS COMPANY 203.18 AP - 00287523 9/2/2009 VULCAN MATERIALS COMPANY 1,489.16 AP - 00287523 9!2!2009 VULCAN MATERIALS COMPANY 496.17 AP - 00287523 9/2/2009 VULCAN MATERIALS COMPANY 994.95 AP - 00287523 9/2/2009 VULCAN MATERIALS COMPANY ~ 105.08 AP -00287524 9/2/2009 WALTERS WHOLESALE ELECTRIC CO 407.50 AP - 00287524 9/2/2009 WALTERS WHOLESALE ELECTRIC CO 270.57 AP - 00287524 9/2!2009 WALTERS WHOLESALE ELECTRIC CO 75.40 AP - 00287524 9/2/2009 WALTERS WHOLESALE ELECTRIC CO 47.69 AP - 00287524 9/2/2009 WALTERS WHOLESALE ELECTRIC CO 325.76 AP - 00287525 9/2/2009 WAXIE SANITARY SUPPLY 973.23 AP - 00287525 9/2/2009 WAXIE SANITARY SUPPLY 389.67 AP - 00287525 9/2/2009 WAXIE SANITARY SUPPLY 419.69 AP - 00287525 9!2!2009 WAXIE SANITARY SUPPLY ~ 535.41 AP - 00287527 9/2/2009 WEST VALLEY MRF LLC 71.22 AP - 00287529 9/2/2009 ZAIDI, AVANI 152.17 AP - 00287530 9/2/2009 ZEE MEDICAL INC 58.73 Total for Check ID AP: 2,438,685.09 EP - 00000610 8/26/2009 ADVANCED UTILITY SYSTEMS CORP. 300.00 EP - 00000610 8/26/2009 ADVANCED UTILITY SYSTEMS CORP. 750.00 EP - 00000611 9/2/2009 SAN BERNARDINO CTY SHERIFFS DEPT 2,131,146.00 EP - 00000612 9/2/2009 SOLOMON, LASHONDA 148.50 EP - 00000612 9/2/2009 SOLOMON, LASHONDA 63.00 Total for Check ID EP: 2,132,407.50 To[al for Entity: 4,571,092.59 User: CHART - Cazole Hart Page: 34 Report:CK_AGENDA_REG_PORTRATT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:12:0 CITY OF RANCHO CUCAMONGA P126 Agenda Check Resister 9/9/2009 through 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287532 9/9/2009 A&V SOFTBALL 3,496.00 AP - 00287533 9!9/2009 AA EQUIPMENT RENTALS CO INC 412.51 AP - 00287534 9/9/2009 ABM BUSINESS MACHINES INC 299.50 AP - 00287535 9/9/2009 ABM JANITORIAL SW 6,287.11 AP - 00287535 9/9/2009 ABM JANITORIAL S W 5,436.37 AP - 00287535 9/9/2009 ABM JANITORIAL SW 6,521.18 AP - 00287535 919!2009 ABM JANITORIAL SW 169.90 AP - 00287535 9/9!2009 ABM JANITORIAL SW 51,659.69 AP - 00287535 9/9/2009 ABM JANITORIAL SW 51,659.69 AP - 00287536 9/9/2009 ACCOUNTEMPS 71 ].20 AP - 00287536 9/9!2009 ACCOUNTEMPS 711.20 AP - 00287538 9/9/2009 AGUILERA, ISAIAH _ 102.70 A)? - 00287538 9/9/2009 AGUILERA, ISAIAH 102.70 AP - 00287538 9/9/2009 AGUILERA, ISAIAH 102.70 AP - 00287538 9/9/2009 AGUILERA, ISAIAH 102.70 AP - 00287538 9/9/2009 AGUILERA, ISAIAH 102.70 AP - 00287539 9/9/2009 ALL CITIES TOOLS 176.89 AP - 00287540 9/9/2009 ALL CITY MANAGEMENT SERVICES INC. 10,128.32 AP - 00287540 919/2009 ALL CITY MANAGEMENT SERVICES INC. 1,160.10 AP - 00287541 9/9/2009 AMERICAN BARRICADE INC. 94.34 AP - 00287542 9/9/2009 AMERICAN TRAINING RESOURCES INC 1,086.58 AP - 00287543 9/9/2009 ARBOR NURSERY PLUS 870.00 AP - 00287544 9/9!2009 ARCHITERRA DESIGN GROUP 88.50 AP - 00287545 9/9(2009 ASSI SECURITY 1,000.00 AP - 00287545 9/9/2009 ASSI SECURITY 1,000.00 AP - 00287546 9/9/2009 ASTRUM UTILITY SERVICES 7,250.00 AP - 00287547 9/9/2009 AUTO SPECIALISTS 76.88 AP - 00287547 9/9/2009 AUTO SPECIALISTS 97.23 AP - 00287548 9!9/2009 B AND K ELECTRIC WHOLESALE 47.58 AP - 00287548 9/9/2009 B AND K ELECTRIC WHOLESALE 560.38 AP - 00287548 9/9/2009 B AND K ELECTRIC WHOLESALE 23.26 AP - 00287548 9/9/2009 B AND K ELECTRIC WHOLESALE 1,213.65 AP - 00287548 9!9/2009 B AND K ELECTRIC WHOLESALE 30.52 AP - 00287548 9/9/2009 B AND K ELECTRIC WHOLESALE 114.19 AP - 00287548 9/9/2009 B AND K ELECTRIC WHOLESALE 180.80 AP - 00287549 9/9/2009 BALDY FIItE AND SAFETY 519.]2 AP - 00287552 9/9/2009 BASELINE SURVEYING INC 2,565.00 AP - 00287552 9/9/2009 BASELINE SURVEYING INC 1,655.00 AP - 00287552 9/9/2009 BASELINE SURVEYING INC 11,034.25 AP - 00287552 9/9/2009 BASELINE SURVEYING INC 11,615.00 AP - 00287553 9/9/2009 BEARINGS & DRIVES INC. 141.05 AP - 00287554 9/9/2009 BMI 1,219.00 AP - 00287555 9/9/2009 BOPKO, CHRISTOPHER 2,300.00 AP - 00287558 9!9/2009 CAL PERS LONG TERM CARE 480.96 AP - 002$7560 9/9/2009 CALIFORNIA FRANCHISE BOARD 50.30 AP - 00287561 9/9!2009 CALIFORNIA FRANCHISE TAX BOARD 25.00 AP - 00287562 9/9/2009 CALIFORNIA FRANCHISE TAX BOARD 27.23 AP - 00287564 9/9/2009 CALSENSE 63.78 AP - 00287564 9/9/2009 CALSENSE 300.00 AP - 00287564 9/9/2009 CALSENSE 350.00 AP - 00287564 9/9/2009 CALSENSE 976.63 AP - 00287565 9/9/2009 CENTRAL CITIES SIGNS INC 107.42 AP - 00287566 9/9/2009 CHAMPION AWARDS AND SPECIALTIES 39.16 AP - 00287567 9/9/2009 CHILD SUPPORT ENFORCEMENT DIVISION 175.00 User: CHART - Cazole Hart Page: 1 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:17:4 CITY OF RANCI30 CUCAMONGA P7 27 Agenda Check Resister 9/9/2009 through 9/22/2009 heck No. Check Date Vendor Name Amount AP - 00287568 9/9/2009 CITY RENTALS 25.21 AP - 00287569 9/9/2009 CLABBY, SANDRA 1,000.00 AP - 00287571 9/9/2009 CONTINENTAL AMERICAN INSURANCE COMPt 140.55 AP - 00287571 9/912009 CONTINENTAL AMERICAN INSURANCE COMPS 16.39 AP - 00287574 9/9!2009 CROP PRODUCTION SERVICES INC 2,061.17 AP - 00287577 9/9/ZD09 CUCAMONGA VALLEY WATER DISTRICT 1,169.32 AP - 00287577 9/9(2009 CUCAMONGA VALLEY WATER DISTRICT 556.62 AP - 00287577 9/912009 CUCAMONGA VALLEY WATER DISTRICT 1,527.17 AP - 00287577 9!9/2009 CUCAMONGA VALLEY WATER DISTRICT 72.81 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,519.32 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,257.39 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 643.36 AP - 00281577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 780.15 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 73.41 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 70.44 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 150.06 AP - 002$7577 9!9/2009 CUCAMONGA VALLEY WATER DISTRICT 148.73 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 279.68 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 3,778.05 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 4,414.27 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 334.33 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 3,371.23 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 3,175.17 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 343.54 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 180.21 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 296.73 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 83.40 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 125.01 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 162.73 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 297.36 AP - 00287577 9(912009 CUCAMONGA VALLEY WATER DISTRICT 250.92 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 64.45 AP - 002875?7 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 3,287.06 AP - 00287577 9!9/2009 CUCAMONGA VALLEY WATER DISTRICT 46.09 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 459.84 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 182.23 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 688.57 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 112.76 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 7,650.15 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,802.97 AP - 00281577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 2,903.61 AP - 00287577 9!9/2009 CUCAMONGA VALLEY WATER DISTRICT 71.48 AP - 00287577 9/9(2009 CUCAMONGA VALLEY WATER DISTRICT 77.27 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 151.54 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 94.53 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 132.80 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 2]4.34 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 690.93 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 2,569.47 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 171.87 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 307.98 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,284.70 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 344.86 AP • 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 6,547.30 User: CHART - Cazole Hart Page: 2 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P128 Agenda Check Resister 9/9/2004 through 9/22/2009 Check No. Check Date Vcndor Name Amount AP - 00287577 9!9!2009 CUCAMONGA VALLEY WATER DISTRICT 221.02 AP - 00287577 9/9!2009 CUCAMONGA VALLEY WATER DISTRICT 148.02 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 162.12 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 5,543.77 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,283.60 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 2,419.65 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 2,532.60 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT . 1,166.32 AP - 00287577 9/912009 CUCAMONGA VALLEY WATER DISTRICT 3,832.01 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,062.25 AP - 0028?577 9/9!2009 CUCAMONGA VALLEY WATER DISTRICT 3,031.29 AP - 00287577 9/912009 CUCAMONGA VALLEY WATER DISTRICT 1,433.18 AP - 00287577 9!4/2009 CUCAMONGA VALLEY WATER DISTRICT 118.13 AP - 00287577 9/9!2009 CUCAMONGA VALLEY WATER DISTRICT 104.80 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 193.71 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 462.86 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 6,237.25 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 166.57 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 113.91 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 77.35 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 265.52 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 837.21 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 173.95 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT t,234.00 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 114.23 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT . 134.14 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 177.93 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 283.58 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 1,041.57 AP - 00287577 9/9/2009 CUCAMONGA VALLEY WATER DISTRICT 622.10 AP - 00287578 9/9/2009 D AND K CONCRETE COMPANY 387.15 AP - 00287578 9/9/2009 D AND K CONCRETE COMPANY 434.47 AP - 00287579 9/9/2009 DAN GUERRA AND ASSOCIATES 12,505.00 AP - 00287580 9/9/2009 DAVIS, SAM 120.00 AP - 00287581 9/9/2009 DELTA DENTAL 38,013.20 AP - 00287582 9/9/2009 DICKEY'S BARBECUE PIT 692.73 AP - 00287584 9/9/2009 DUMBELL MAN FITNESS EQUIPMENT, THE 1,406.35 AP - 00287585 9/4/2009 DYNASTY SCREEN PRINTING 3,051.85 AP - 00287585 9/9/2009 DYNASTY SCREEN PRINTING 140.78 AP - 00287586 9/9/2009 ECOLAB INC. 63.07 AP - 00287587 9/9/2009 EDDIE BAUER #0955 - 1,002.82 AP - 00287588 9/9/2009 EDFUND 146.18 AP - 00287589 9/9/2009 ELLIS ENTERPRISES 70.00 AP - 00287589 9/9/2009 ELLIS ENTERPRISES 940.00 AP - 00287589 9/9/2009 ELLIS ENTERPRISES 70.00 AP - 00287589 9/9/2009 ELLIS ENTERPRISES 775.00 AP - 00287590 9!9/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02 AP - 00287591 9/9/2009 EN POINTE TECHNOLOGIES SALES INC 13,802.40 AP - 00287592 9/9/2009 EWING IRRIGATION PRODUCTS 434.51 AP - 00287592 9/9/2009 EWING EtRIGATION PRODUCTS 371.06 AP - 00287593 9/4/2009 EXCLUSIVE EMAGES 799.32 AP - 00287594 9/9/2009 FACTORY DIRECT LINES INC. 2,890.85 AP - 00287595 9/9/2009 FEDERAL EXPRESS CORP 26.75 AP - 00287595 9/9/2009 FEDERAL EXPRESS CORP 15.66 User: CHART -Carole Hart Page: 3 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10!01/200 Time: 08:17:4 CITY OF RANCHO CUCAMONGA P129 Agenda Check Reeister 9/9/2009 through 9122!2009 Check No. Check Date Vendor Name Amount AP - 00287598 9!9!2009 FLAG SYSTEMS INC. 10266 AP - 00287601 9/4/2009 GILMAN, IIM 400.00 AP - 00287602 9/9!2009 GOLF VENTURES WEST 44.96 AP - 00287602 9/9/2009 GOLF VENTURES WEST 89.94 AP - 00287602 9/9!2009 GOLF VENTURES WEST -162.68 AP - 00287602 9/9/2009 GOLF VENTURES WEST 63.54 AP - 00287602 9/9/2009 GOLF VENTURES WEST 45.60 AP - 00287603 9/9/2009 GOMEZ, GLORIA 150.00 AP - 00287604 9/9/2009 GRAINGER 541.70 AP - 00287604 9/9/2009 GRAINGER 595.08 AP - 00287604 9/9/2009 GRAINGER 152.68 AP - 00287604 9/9/2009 GRAINGER 863.48 AP - 00287604 9/9/2009 GRAINGER 18.90 AP - 00287604 9/9/2009 GRAINGER 251.06 AP - 00287604 9!9/2009 GRAINGER 153.07 AP - 00287604 9/9/2009 GRAINGER 143,22 AP - 00287605 9(9!2009 GRANT III, VINCENT 104.00 AP - 00287605 919!2009 GRANT III, VINCENT 104.00 AP - 00287605 9/9/2009 GRANT III, VINCENT 104.00 AP - 00287605 9/9/2009 GRANT III, VINCENT 104.00 AP - 00287605 9/9/2009 GRANT III, VINCENT 104.00 AP - 00287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 473.06 AP - 00287606 9!9!2009 GRAPHICS FACTORY PRINTING INC. 24.47 AP - 00287606 919/2009 GRAPHICS FACTORY PRINTING INC. 244.69 AP - 00287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 100.59 AP - 00287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 100.59 AP - 00287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 100.60 AP - 00287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 473.06 AP - 00287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 24.47 AP - D0287606 9/9/2009 GRAPHICS FACTORY PRINTING INC. 24.47 AP - 00287607 9/9/2009 GREEN GENIE .250.00 ' AP - 00287607 9/9/2009 GREEN GENIE 250.00 AP - 00287607 9/9/2009 GREEN GENIE 250.00 AP - 00287608 9/9/2009 GREEN ROCK POWER EQUIPMENT 373.77 AP - 00287610 9/9/2009 HILTON LONG BEACH 759.33 AP - 00287611 9/9/2009 HOLLIDAY ROCK CO INC 844.12 AP - 00287611 9/9/2009 HOLLIDAY ROCK CO INC 93.09 AP - 00287611 9/9/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00287611 9!9/2009 HOLLIDAY ROCK CO INC 155.67 AP - 00287611 9/9/2009 HOLLIDAY ROCK CO INC 271.33 AP - 00287611 9/9!2009 HOLLIDAY ROCK CO INC 150.00 AP - 00287611 9!9/2009 HOLLIDAY ROCK CO INC 1,000.61 AP - 00287611 9/9/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00287611 9/9!2009 HOLLIDAY ROCK CO INC 1,138.18 AP - 00287611 9/9/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00287612 9/9/2009 HOME DEPOT CREDIT SERVICES 56.47 AP - 00287612 9/9/2009 HOME DEPOT CREDIT SERVICES 157.19 AP - 00287612 9/9/2009 HOME DEPOT CREDIT SERVICES 60.57 AP - 00287612 9/9!2009 HOME DEPOT CREDIT SERVICES 60.45 AP - 00287613 9/9/2009 HOSE MAN INC 133.09 AP - 00287613 9!9!2009 HOSE MAN INC 27.06 AP - 00287614 919/2009 HOYT LUMBER CO., SM 268.40 AP - 00287615 9/9/2009 HYDROSCAPE PRODUCTS INC 13.05 AP - 00287616 9/9/2009 IDEAL GLASS TINTING 125.00 User: CHART - Cazole Hart Page: 4 Current Date: 10/01/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCI30 CUCAMONGA P130 Agenda Check Resister 9/9/2009 through 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287618, 919!2009 INLAND EMPIRE TOURS AND TRANSPORTATIC 1,305.00 AP - 00287618 9/9/2009 INLAND EMPIRE TOURS AND TRANSPORTATIC 847.50 AP - 00287619 9/9/2009 INLAND EMPIRE WEEKLY 126.50 AP - 00287619 9/9/2009 INLAND EMPIRE WEEKLY 126.50 AP - 00287620 9!9/2009 INLAND FAIR HOUSING AND MEDIATION BOA1 27.50 AP - 00287621 9/9(2009 INLAND PRESORT & MAILING SERVICES 221.31 AP - 00287621 9/9/2009 INLAND PRESORT & MAILING SERVICES 144.40 AP - 00287621 9/9/2009 INLAND PRESORT & MAILING SERVICES 99.19 AP -00287621 9/9/2009 INLAND PRESORT & MAILING SERVICES 150.49 AP - 00287621 9/9/2009 INLAND PRESORT & MAILING SERVICES 22.25 AP - 00287621 9!9/2009 INLAND PRESORT & MAILING SERVICES 44.83 AP - 00287621 9/9/2009 INLAND PRESORT & MAILING SERVICES 86.16 AP - 00287622 9!9/2009 INTERNATIONAL PAVEMENT SOLUTIONS 32,546.70 AP - 00287623 9/9/2009 IRON MOUNTAIN OSDP 1,595.25 AP - 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00287651 9/9/2009 OFFICE DEPOT 14.55 AP - 00287651 9/9/2009 OFFICE DEPOT 11.88 AP - 00287651 9/9/2009 OFFICE DEPOT 16.79 AP - 00287651 9/9/2009 OFFICE DEPOT 41.37 AP - 00287651 9/9/2009 OFFICE DEPOT 42.37 AP - 00287651 9/9/2009 OFFICE DEPOT 338.18 AP - 00287651 9/9/2009 OFFICE DEPOT 41.61 AP - 00287651 9/9!2009 OFFICE DEPOT 123.99 AP - 00287651 9/9/2009 OFFICE DEPOT 41.86 AP - 00287651 9/9/2009 OFFICE DEPOT 53.09 AP - 00287651 9/9/2009 OFFICE DEPOT 45.32 AP - 00287651 9/9/2009 OFFICE DEPOT 18.28 AP - 00287651 9/9/2009 OFFICE DEPOT 157.23 AP - 00287652 9/9/2009 OFFICE MAX CONTRACT INC 1,897.69 AP - 00287653 9/9/2009 PAL CAMPAIGN 82.00 AP - 00287655 9/9/2009 PATCHETT & ASSOCIATES 647.50 AP - 00287656 9/9/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENf 1,202.50 AP - 00287657 9/9/2009 PETES ROAD SERVICE INC 60.00 AP - 00287657 9/9/2009 PETES ROAD SERVICE INC 568.45 AP - 00287657 9/9/2009 PETES ROAD SERVICE INC -153.34 AP - 00287657 9/9/2009 PETES ROAD SERVICE INC -324.46 AP - 00287657 9/9/2009 PETES ROAD SERVICE INC 3.00 AP - 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00287676 9!9/2009 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,383.39 AP - 00287677 9/9/2009 SAN BERNARDINO COUNTY 75.00 AP - 00287682 9/9/2009 SBPEA 913.77 AP - 00287683 9!9/2009 SCOTT, DIANA 375.00 AP - 00287684 9/9/2009 SCOTT, MICHAEL 120.00 AP - 00287685 9/9/2009 SHERIFFS COURT SERVICES 446.25 AP - 00287686 9/9/2009 SHERIFFS COURT SERVICES 150.00 AP - 00287687 9/9/2009 SHERIFFS COURT SERVICES 440.64 AP - 00287688 9/9/2009 SHERIFFS COURT SERVICES 150.00 AP - 00287689 9/9/2009 SHERIFFS COURT SERVICES 388.91 AP - 00287692 9/9/2009 SMITH ORTIZ-CLIENT TRUST ACCOUNT, DONK 44,000.00 AP - 00287694 9/9/2009 SOLOMAN, SARA 220.19 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON ~ 5,648.76 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 19.34 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 474.88 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 54.89 AP - 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00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 55.07 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 120.79 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 20.28 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287698 919/2009 SOUTHERN CALIFORNIA EDISON 132.76 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 383.55 AP - 00287698 9/9!2009 SOUTHERN CALIFORNIA EDISON 21.73 AP - 00287698 9/9!2009 SOUTHERN CALIFORNIA EDISON 20.04 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON ] 8.56 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 42.38 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 46.03 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 33.44 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 29.02 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 5,780.00 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 155.28 AP • 00287698 919/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 54.70 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 55.12 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 54.43 AP - 00287698 919!2009 SOUTHERN CALIFORNIA EDISON 106.59 AP - 00287698 919!2009 SOUTHERN CALIFORNIA EDISON 18.70 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 38.71 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 63.96 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 153.18 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 94.74 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 64.28 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 101.55 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 10.49 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 93.23 AP - 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Cazole Hart Page: 8 Current Date: 10/01/200 Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P134 Asenda Check Resister 9/912009 through 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 21.02 AP - 00287698 9(9/2009 SOUTHERN CALIFORNIA EDISON 3.49 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 93.43 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 86.23 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 37.72 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287698 9/9!2009 SOUTHERN CALIFORNIA EDISON 77.11 AP - 00287698 9/9!2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287698 9!9/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287698 919!2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP -00287698 9/9/2009 SOUTHERN CALIFORNIA EDISON 538.34 AP - 00287699 9/9/2009 SPAGNGLG, SAM 136.07 AP - 00287699 9/9/2009 SPAGNOLO, SAM 8,00 AP - 00287700 9/9!2009 STERLING COFFEE SERVICE 348.38 AP - 00287700 9/9/2009 STERLING COFFEE SERVICE 147.10 AP - 00287700 9/9/2009 STERLING COFFEE SERVICE 135.70 AP - 00287701 9/9/2009 STOFA, JOSEPH 12.00 AP - 00287703 9/9/2009 SUNSHINE GROWERS NURSERY INC 65.25 AP - 00287703 9/9/2009 SUNSHINE GROWERS NURSERY INC 54.38 AP - 00287704 9/9/2009 SYMETRA LIFE INSURANCE COMPANY 1,818.00 AP - 00287705 9/9/2009 ANIMAL GUY5 INC, THE 505.00 AP - 00287706 9/9/20D9 THOMPSON PUBLISHING GROUP 358.50 AP - 00287706 9!9/2009 THOMPSON PUBLISHING GROUP 517.50 AP - 00287701 9!9/2009 TRANS WEST TRUCK CENTER 265.63 AP - 00287707 9/9/2009 TRANS WEST TRUCK CENTER 653.83 AP - 00287708 9/9/2009 TUCKER, MARYANN 45.00 AP - 00287708 9/9/2009 TUCKER, MARYANN 150.00 AP - 00287709 9/9/2009 UNIFIRST UNIFORM SERVICE 747.48 AP - 00287709 9!9!2009 UNIFIILST UNIFORM SERVICE 120.40 AP - 00287709 9/9/2009 UNIFIILST UNIFORM SERVICE 40.00 AP - 00287709 9/9/2009 UNIFIILST UNIFORM SERVICE 23.60 AP - 00287710 9/9/2009 UNITED PACIFIC SERVICES INC 3,345.00 AP - 00287711 919!2009 UNITED SITE SERVICES OF CA INC 209.17 AP - 00287711 9/9/2009 UNITED SITE SERVICES OF CA INC -159.17 AP - 00287712 9!9/2009 UNITED WAY 11.00 AP - 00287712 9/9/2009 UNITED WAY 246.82 AP - 00287713 9(9/2009 UPS 27.46 AP - 00287714 9/9(2009 US POSTMASTER 800.00 AP - 00287716 9/9/2009 VERIZON 73.28 AP - 00287716 9/9/2009 VERIZON 36.65 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9(2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 18.27 AP - 00287716 9/9/2009 VERIZON 47.89 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 72.52 AP - 00287716 9/9/2009 VERIZON 36.65 AP - 00287716 9/9/2009 VERIZON 35.52 User: CHART - Cazole Hazt Page: 9 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:17:4 CITY OF RANCHO CUCAMONGA P135 At=enda Check Register 9/9/2009 through 9/22/2009 Check No. Check Date Vendor_Name Amount AP - 00287716 9/9/2009 VERIZON 74.15 AP - 00287716 9/9/2009 VERIZON 36.65 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 38.51 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 35.52 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 88.07 AP - 00287716 9/9/2009 VERIZON 92.08 AP - 00287716 9/9/2009 VERIZON 40.20 AP - 00287716 9/9/2009 VERIZON 36.65 AP - 00287716 9/9/2009 VERIZON 36.65 AP - 00287716 9/9/2009 VERIZON 16.72 AP - 00287716 9/9/2009 VERIZON 180.12 AP - 00287716 9/9/2009 VERIZON 40.05 AP - 00287716 9/9/2009 VERIZON 136.23 AP - 00287716 9/9/2009 VERIZON 1,482.08 AP - 00257716 9/9/2009 VERIZON 364.85 AP - 00287716 9/9/2009 VERIZON 2,139.99 AP - 00287716 9/9/2009 VERIZON 834.89 AP - 00287717 9/9/2009 VILLAGE NURSERIES WHOLESALE LLC 536.44 AP - 00287718 9/9/2009 WALKER, JANET 95.69 AP - 00287720 9/9/2009 WEST SANITATION SERVICES INC 370.10 AP - 00287721 9/9/2009 WESTCOAST MEDIA 900.50 AP - 00287722 9/9/2009 WESTRUX INTERNATIONAL INC 443.55 AP - 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00287728 9/16/2009 A AND R TIRE SERVICE 645.11 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 499.49 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 871.70 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 58.27 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 768.44 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 20.96 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 563.87 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 10.48 AP - 00287728 9/16/2009 A AND R TIRE SERVICE 10.48 User: CHART -Carole Hart Page: ] 0 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P136 Agenda Check Register 9/9(2009 tlu~ough 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287728 9/16/2009 A AND R TIRE SERVICE 10.48 AP - 00281728 9/16/2009 A AND R TIRE SERVICE 25.53 AP - 00287728 9116/2009 A AND R TIItE SERVICE 10.48 AP - 00287729 9/16!2009 A-I AUTO SERVICE 456.58 AP - 00287730 9/16/2009 AA EQUIPMENT RENTALS CO INC 221.57 AP - 00287730 9/16/2009 AA EQUIPMENT RENTALS CO INC ~ 30.85 AP - 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INC. 514.19 AP - 00287744 9!16/2009 AMO RECOVERIES INC. 140.00 AP - 00287744 9/16!2009 AMO RECOVERIES INC. 43.75 AP - 00287745 9/16/2009 ANDRADE, LAINI 45.10 AP - 00287746 9/16/2009 ARAMARK UNIFORM SERVICES 6.70 AP - 00287746 9/16(2009 ARAMARK UNIFORM SERVICES 18.70 AP - 00287747 9/16/2009 ARBOR NURSERY PLUS 387.15 AP - 00287748 9/16/2009 ARCHIVE MANAGEMENT SERVICES INC 699.18 AP - 00287748 9/16/2009 ARCHIVE MANAGEMENT SERVICES INC 699.18 AP - 00287749 9/16/2009 ARNOLD FIELDS PAINTING 3,600.00 AP - 00287749 9/16/2009 ARNOLD FIELDS PAINTING 600.00 AP - 00287750 9/16/2009 ARROW TRAILER SUPPLIES INC 14,08 AP - 00287751 9/16/2009 ARROW TRUCK BODIES AND EQUIPMENT INC 456.16 AP - 00287752 9/16/2009 ASAP POWERSPORTS 309.00. 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00287793 9/16/2009 COVENANT STAFFING INC. 711.20 AP - 00287793 9/16/2009 COVENANT STAFFING INC. 20.00 AP - 00287793 9/16/2009 COVENANT STAFFING INC. 13.34 AP - 00287793 9/16/2009 COVENANT STAFFING INC. 177.80 AP - 00287793 9/16/2009 COVENANT STAFFING INC. 533.40 AP - 00287794 9/16/2009 CRIME SCENE STERI-CLEAN LLC 540.00 AP - 00287796 9/16!2009 CUCAMONGA VALLEY WATER DISTRICT 92.36 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 38.08 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 78.06 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 144.62 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 2,618.54 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 71.70 User: CHART - Cazole Hart Page: 13 Current Date: 10/Ol{200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P139 A¢enda Check Re¢ister 9/9/2009 through 9!22(2009 Check No. Check Date Vendor Name Amount AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 58.44 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 233.02 AP - 00287796 9!16!2009 CUCAMONGA VALLEY WATER DISTRICT 354.52 AP - 00287796 9{1612009 CUCAMONGA VALLEY WATER DISTRICT 75.57 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 141.03 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT • 120.98 AP - 00287796 9!16/2009 CUCAMONGA VALLEY WATER DISTRICT 133.42 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 146.34 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 108.95 AP - 00287796 9/16!2009 CUCAMONGA VALLEY WATER DISTRICT 876.73 AP - 00287796 9/16!2009 CUCAMONGA VALLEY WATER DISTRICT 45.38 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 184.15 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 111.02 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 3,412.81 AP -00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 186.40 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 310.25 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 20,318.84 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 1,641.84 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 91.80 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 131.21 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 284.30 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 1,122.66 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 174.81 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 409.23 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 213.67 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 107.54 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 5$.90 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 148.89 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 293:04 AP - 00287796 9!16(2009 CUCAMONGA VALLEY WATER DISTRICT 78.22 AP - 00287796 9/16!2009 CUCAMONGA VALLEY WATER DISTRICT 4,744.94 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 727.30 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 362.20 AP - 00287796 9116!2009 CUCAMONGA VALLEY WATER DISTRICT 362.20 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 254.14 AP - 00287796 9!16/2009 CUCAMONGA VALLEY WATER DISTRICT 56.64 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 34.49 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 33.23 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 546.86 AP - 00287796 9/16!2009 CUCAMONGA VALLEY WATER DISTRICT 1,168.97 AP - 00287796 9/1612009 CUCAMONGA VALLEY WATER DISTRICT 4,418.74 AP - 00287796 9!16/2009 CUCAMONGA VALLEY WATER DISTRICT 145.44 AP - 00287796 9!16(2009 CUCAMONGA VALLEY WATER DISTRICT 447.30 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 1,409.16 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 258.39 AP - 00287796 9/16/2009 CUCAMONGA VALLEY WATER DISTRICT 2,093.21 AP - 00287797 9/16/2009 D AND K CONCRETE COMPANY 638.37 AP - 00287797 9/16/2009 D AND K CONCRETE COMPANY 387.15 AP - 00287799 9/16/2009 DAPPER TIRE CO 259.35 AP - 00287799 9/16/2009 DAPPER TIRE CO 469.80 AP - 00287800 9/16/2009 DEPARTMENT OF JUSTICE 32.00 AP - 00287801 9/16/2009 DEPARTMENT OF TRANSPORTATION 2,711.14 AP - 00287802 9/16/2009 DE VRIES PEST CONTROL INC. 550.00 AP - 00287803 9/16/2009 DIAMOND ENVIRONMENTAL SERVICES 407.98 User: CHART - Cazole Hart Page: ]4 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:17:4 CITY OF RANCHO CUCAMONGA P140 Aeenda Check Resister 919!2009 through 9/22!2009 Check No. Check Date Vendor Name Amount AP - 00287804 9/16!2009 DISPENSING TECHNOLOGY CORPORATION 390.18 AP - 00287805 9/16/2009 DOWNEY, JENNIFER 7.08 AP - 00287806 9/16/2009 DREAM SHAPERS 250.00 AP - 00287807 9/16/2009 DUNN EDWARDS CORPORATION 26.47 AP - 00287807 9/16/2009 DUNN EDWARDS CORPORATION 60.33 AP - 00287807 9/16/2009 DUNN EDWARDS CORPORATION 295.12 AP - 00287807 9/16/2009 DUNK EDWARDS CORPORATION 211.28 AP - 00287807 9/16/2009 DUNK EDWARDS CORPORATION 248.27 AP - 00287807 9/16/2009 DUNK EDWARDS CORPORATION 42.26 AP - 00287808 9/16/2009 EBSCO 20.53 AP - 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00287834 9/16/2009 GOLF VENTURES WEST 118.76 AP - 00287835 9/16/2009 GRAINGER 16.73 AP - 00287835 9/16/2009 GRAINGER 72.81 AP - 00287835 9/16/2009 GRAINGER 1,002.90 User: CHART - Cazole Hart Page: 15 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P141 Agenda Check Resister 9/9!2009 through 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287835 9/16/2009 GRAINGER 1,002.94 AP - 00287835 9/16/2009 GRAINGER 24.11 AP - 00287835 9!16/2009 GRAINGER 2,718.75 AP - 00287835 9!16/2009 GRAINGER 69.30 AP - 00287835 9/16/2009 GRAINGER 1,002.90 AP-00287835 9/16/2009 GRAINGER 1,002.90 AP - 00287835 9/16/2009 GRAINGER 1,002.90 AP - 00287835 9!16!2009 GRAINGER 25.75 AP - 00287836 9/16/2009 GRANICUS INC 1,100.00 AP - 00287837 9/16/2009 GRANT III, VINCENT 78.00 AP - 00287837 9/16!2009 GRANT III, VINCENT 78.00 AP - 00287837 9116!2009 GRANT III, VINCENT 78.00 AP - 00287837 9/16/2009 GRANT III, VINCENT 78.00 AP - 00287837 9/16/2009 GRANT III, VINCENT 78.00 AP - 00287838 9/16/2009 GREGORY B BRAGG AND ASSOCIATES INC 602.63 AP - 00287839 9/16/2009 GUTIERREZ, REX 166.10 AP - 00287839 9/16!2009 GUTIERREZ, REX 147.40 AP - 00287839 9!16/2009 GUTIERREZ, REX 153.17 AP - 00287840 9/16/2009 HAINES AND COMPANY INC 377.64 AP - 00287841 9/16(2009 HARPER COLLINS PUBLISHERS 1,500.00 AP - 00287842 9/16/2009 HEELER ARCHITECT, JOHN 2,170.00 AP • 00287843 9/16/2009 HENDERSON, STEPHEN 250.00 AP - 00287844 9/16/2009 HILL'S PET NUTRITION 1,252.49 AP - 00287845 9(16!2009 HOLLH)AY ROCK CO INC 150.00 AP - 00287845 9/16/2009 HOLLIDAY ROCK CO INC 787.30 AP - 00287846 9/] 6!2009 HOME DEPOT CREDIT SERVICES 14.65 AP - 00287846 9/16/2009 HOME DEPOT CREDIT SERVICES 25:97 AP - 00287846 9/16/2009 HOME DEPOT CREDIT SERVICES 54.31 AP - 00287846 9/16/2009 HOME DEPOT CREDIT SERVICES 268.91 AP - 00287846 9/16/2009 HOME DEPOT CREDIT SERVICES 20.30 AP - 00287846 9/16/2009 HOME DEPOT CREDIT SERVICES 17.23 AP - 00287847 9/16/2009 HOSE MAN INC 38.18 AP - 00287847 9/16/2009 HOSE MAN INC 53.84 AP - 00287848 9/16/2009 HSBC BUSINESS SOLUTIONS 617.50 AP - 00287848 9/16!2009 HSBC BUSINESS SOLUTIONS 88.58 AP - 00287848 9/16/2009 HSBC BUSINESS SOLUTIONS 218.92 AP - 00287849 9/16!2009 HYDROSCAPE PRODUCTS INC 46.80 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 241.99 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 134.21 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 45.04 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 142.50 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 61.93 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 88.02 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 306. l7 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 391.50 AP - 00287849 9/16/2009 HYDROSCAPE PRODUCTS INC 348.34 AP - 00287850 9/16/2009 INDUSTRY EVENT SERVICES 92.40 AP - 00287852 9/16/2009 INLAND CARDIOLOGY 275.00 AP - 00287853 9/16!2009 INLAND EMPIRE TOURS AND TRANSPORTATIC 1,846.00 AP - 00287853 9/16/2009 INLAND EMPIRE TOURS AND TRANSPORTATIC 2,124.00 AP - 00287853 9/16/2009 INLAND EMPIRE TOURS AND TRANSPORTATIC 1,987.50 AP - 00287854 9/1612009 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00287854 9/16/2009 INLAND VALLEY EMERGENCY PET CLINIC 162.50 AP - 00287854 9/16/2009 INLAND VALLEY EMERGENCY PET CLINIC 124.00 User: CHART - Cazole Hart Page: 16 Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10101!200 Time: 08:17:4 CITY OF RANCIiO CUCAMONGA P142 . Agenda Check Retaister 9/9/2009 through 9!22/2009 Check No. Check Date Vendor Name Amount AP - 00287854 9!16!2009 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00287854 9/16/2009 INLAND VALLEY EMERGENCY PET CLINIC 16.50 AP - 00287854 9/16/2009 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00287855 9/16/2009 INPRO CORPORATION 544.98 AP - 00287856 9!1612009 INTERIM CARE FOSTER FAMILY AGENCY 500.00 AP - 002$7858 9/16/2009 INTERSTATE BATTERIES 1,095.77 AP - 00287858 9/16/2009 INTERSTATE BATTERIES -29.00 AP - 00287858 9/16!2009 INTERSTATE BATTERIES 145.76 AP - 00287858 9/16!2009 INTERSTATE BATTERIES -30.13 AP - 00287859 9/16/2009 INTERSTATE BATTERIES 247.81 AP - 00287860 9/16!2009 INTERWEST CONSULTING GROUP INC 1,615.00 AP - 00287860 9/16/2009 iNTERWEST CONSULTING GROUP INC 1,662.50 AP - 00287861 9116/2009 IRON MOUNTAIN OSDP 250.05 AP - 00287862 9/16/2009 K K WOODWORKING 48.93 AP - 00287863 9116/2009 KELLY EQUIPMENT 206.19 AP - 00287864 9/16/2009 KEPPLER ASSOCIATES INC 6,250.00 AP - 00287866 9116(2009 KORANDA CONSTRUCTION 1,075.00 AP - 00287867 9/16/2009 LEAGUE OF CALIFORNIA CITIES 600.00 AP - 00287871 9/16/2009 LIMS AUTO INC 38.36 AP - 00287871 9/1612009 LIMS AUTO INC 38.36 AP -00287871 9/16/2009 LIMS AUTO INC 38.36 AP-0028787] 9/16/2009 LIMS AUTOINC 38.36 AP - 00287871 9/16/2009 LIMS AUTO INC 38.36 AP - 00281814 9/1612009 LOWES COMPANIES INC. 75.57 AP -00287874 9/16/2009 LOWES COMPANIES INC. 169.03 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 67.53 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 38.61 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 162.04 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 12.43 AP - 00287874 9/16!2009 LOWES COMPANIES INC. 4.47 AP - 00287874 9/]6/2009 LOWES COMPANIES INC. 38.75 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 21.68 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 80.43 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 24.96 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 274.05 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 46.63 AP - 00287874 9/16!2009 LOWES COMPANIES INC. 148.39 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 93.31 AP - 00287874 9/1612009 LOWES COMPANIES INC. 22.77 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 162.04 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 137.97 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 76.08 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 9.08 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 77.65 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 70.24 AP - 00287814 9/16/2009 LOWES COMPANIES INC. 64.95 AP - 00287874 9!16/2009 LOWES COMPANIES INC. 32.61 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 61.19 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 26.01 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 44.34 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 63.98 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 53.99 AP • 00287874 9/16/2009 LOWES COMPANIES INC. 11.90 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 150.99 User: CHART - Cazole Hart Page: 17 Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10!01/200 Time: 08:17:4 CITY OF RANCHO CUCAMONGA P143 At?enda Check Register 919/2009 through 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287874 9!16/2009 LOWES COMPANIES INC. 17.20 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 222.85 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 56.55 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 54.29 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 47.61 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 31.71 AP - 00287874 9!16/2009 LOWES COMPANIES INC. 138.93 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 128.63 AP - 00287874 9(16!2009 LOWES COMPANIES INC. 8.13 AP -00287874 9!]6(2009 LOWES COMPANIES INC. 25.72 AP - 00287874 9!16!2009 LOWES COMPANIES INC. 45.58 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 28.66 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 169.54 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 395.34 AP - 00287874 9!16!2009 LOWES COMPANIES INC. 42.52 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 74.75 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 49.72 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 29.36 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 148.93 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 135.08 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 20.18 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 12.93 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 3.00 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 17.52 AP - 00287874 9/16/2009 LOWES COMPANIES INC. 7.92 AP - 00287875 9!16!2009 LUZ.ZI, SHARON 100.00 AP - 00287876 9/1612009 MAIN STREET SIGNS 154.43 AP - 00287876 9/16!2009 MAIN STREET SIGNS 685.13 AP - 00287877 9/16/2009 MANELA, ROSIE 14.14 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,289.21 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 6,578.73 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 5,059.08 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 696.51 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,737.36 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,377.91 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 67.86 AP - 00281878 9!16/2009 MARIPOSA HORTICULTURAL ENT INC 870.75 AP - 00287878 9!16/2009 MARIPOSA HORTICULTURAL ENT INC 696.51 AP - 00287878 9/16!2009 MARIPOSA HORTICULTURAL ENT INC 822.67 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 5,059.08 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP - 00287878 9116/2009 MARIPOSA HORTICULTURAL ENT INC 6,578.73 AP - 00287878 9!1612009 MARIPOSA HORTICULTURAL ENT INC 15,998.13 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 58254 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,289.21 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 262.97 AP - 00287878 9/1612009 MARIPOSA HORTICULTURAL ENT INC 2,453.41 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 2,737.36 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 528.04 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 67.86 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 870.75 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 822.67 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 587.54 User: CHART -Carole Hart Page: 18 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P144 Aeenda Check Re:xister 9/9/2009 through 9/22/2009 Check No. Check Date Vendor Name Amount AP - 00287878 9/16/2009 MARIPOSA HORTICULTURAL ENT INC 15,998.13 AP - 00287879 9/16/2009 MARK CHRISTOPHER INC 44.57 AP - 00287880 9116/2009 MARTINEZ iJNION SERVICE 45.00 AP - 00287881 9/16/2009 MATERIAL SALES UNLIMITED 661.20 AP - 00287882 9/16/2009 MEGA WAY ENTERPRISES 23,055.68 AP - 00287882 9/16/2009 MEGA WAY ENTERPRISES -2,305.57 AP - 00287882 9/16{2009 MEGA WAY ENTERPRISES -9,660.32 AP - 00287882 9/16/2009 MEGA WAY ENTERPRISES 9,905.89 AP - 00287882 9/16/2009 MEGA WAY ENTERPRISES 23,831.27 AP - 00287882 9!16/2009 MEGA WAY ENTERPRISES 62,866.16 AP - 00287883 911612009 MERIAL LIMITED 583.99 AP - 00287884 9/16(2009 MIDTRONICS INC 83.76 AP - 00287885 9!16(2009 MIDWEST TAPE 115.96 AP - 00287885 9/16!2009 MIDWEST TAPE 59.99 AP - 00287885 9/16/2009 MIDWEST TAPE 45.98 AP - 00287885 9/16/2009 MIDWEST TAPE 23.99 AP - 00287885 9/16/2009 MIDWEST TAPE 23.99 AP - 00287885 9/16/2009 MIDWEST TAPE 10].51 AP - 00287885 9/16/2009 MIDWEST TAPE 162.90 AP - 00287885 9/16/2009 MIDWEST TAPE 115.97 AP - 00287885 9/16/2009 MIDWEST TAPE 259.93 AP - 00287885 9/16/2009 MIDWEST TAPE 59.96 AP - 00287885 9/16/2009 MIDWEST TAPE 15.99 AP - 00287885 9/16/2009 MIDWEST TAPE 109.97 AP - 00287885 9/16!2009 MIDWEST TAPE 29.99 AP - 00287885 9!16/2009 MIDWEST TAPE 100.96 AP - 00287885 9/16/2009 MIDWEST TAPE 68.97 AP - 00287885 9/16/2009 MIDWEST TAPE 22.99 AP - 00287885 9/16/2009 MIDWEST TAPE 22.99 AP - 00287885 9!16/2009 MIDWEST TAPE 45.98 AP - 00287885 9/16/2009 MIDWEST TAPE 11.99 AP - 00287885 9/16/2009 MIDWEST TAPE 35.98 AP - 00287885 9/16/2009 MIDWEST TAPE 45.98 AP - 00287885 9!16!2009 MIDWEST TAPE 45.98 AP - 00287885 9!1612009 MIDWEST TAPE 109.96 AP - 00287885 9/16/2009 MIDWEST TAPE ]26.54 AP - 00287885 9/16/2009 MIDWEST TAPE 92.16 AP - 00287885 9/16!2009 MIDWEST TAPE 71.98 AP - 00287885 9/16/2009 MIDWEST TAPE 46.97 AP - 00287885 9/16/2009 MIDWEST TAPE 79.96 AP - 00287885 9/16/2009 MIDWEST TAPE 85.11 AP - 00287885 9/16/2009 MIDWEST TAPE 253.00 AP - 00287885 9/16/2009 MIDWEST TAPE 27.98 AP - 00287885 9/16/2009 MIDWEST TAPE 223.92 AP - 00287887 9/16/2009 MINUTEMAN PRESS 259.66 AP - 00287888 9/16/2009 MITSUBISHI ELECTRIC & ELECTRONICS USA R 520.47 AP - 00287889 9/16/2009 MRB DEER CREEK CAR WASH 763.50 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 483.66 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 35.70 AP - 00287890 9116/2009 MWI VETERINARY SUPPLY 160.90 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 138.36 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 129.20 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 284.03 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 111.84 User: CHART - Cazole Hart Page: 19 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:17:4 CITY OF RANCHO CUCAMONGA P145 Agenda Check Re>:ister 9/9/2009 through 9/22/2009 , Check No. Check Date Vendor_Name Amount AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 160.90 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 65.51 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 344.63 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 127.74 AP - 00287890 9/16/2009 MWI VETERINARY SUPPLY 155.95 AP - 00287891 9/16/2009 NAPA AUTO PARTS 300.13 AP - 00287893 9/16/2009 NEWMAN, GLEN 500.00 AP - 00287894 9/16!2009 NEXTEL 929.90 AP - 00287895 9/16/2009 NIELSEN, NETTIE 215.18 AP - 00287895 9!1612009 NIELSEN, NETTIE -150.00 AP - 00281896 9/16/2009 NORMAN A TRAUB ASSOCIATES 5,999.40 AP - 00287898 9/16!2009 OCAIHA 125.00 AP - 00287899 9!16!2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 623.00 AP - 00281899 9!16!2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 100.27 AP - 00287899 9/16/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 68.62 AP - 00281899 9/16/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 68.62 AP - 002$7899 9/16/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 103.86 AP - 00287899 9/16/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 156.52 AP - 00287899 9/16/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 128.00 AP - 00287899 9/16/2009 OCCUPATIONAL HEALTH CENTERS OF CALIFO 111.05 AP - 00287900 9/16/2009 OCLC INC ~, 4639 AP - 00287902 9/16/2009 OFFICE DEPOT 37.06 AP - 00287902 9/16/2009 OFFICE DEPOT 241.66 AP - 00281902 9/16/2009 OFFICE DEPOT - 5.37 AP - 00287902 9/16!2009 OFFICE DEPOT 79.43 AP - 00287902 9!16/2009 OFFICE DEPOT •37.17 AP - 00287902 9/16/2009 OFFICE DEPOT -29.34 AP - 00287902 9/16/2009 OFFICE DEPOT -12.71 AP - 00287902 9/16/2009 OFFICE DEPOT 217.28 AP - 00287902 9/16/2009 OFFICE DEPOT 319.05 AP - 00287902 9/16/2009 OFFICE DEPOT 85.63 AP - 00287902 9/16/2009 OFFICE DEPOT 31.10 AP - 00287902 9/16/2009 OFFICE DEPOT 5.97 AP - 00287902 9/16/2009 OFFICE DEPOT 104.61 AP - 00287902 9/16/2009 OFFICE DEPOT 113.35 AP - 00281902 9/16/2009 OFFICE DEPOT 23.75 AP - 00287902 9/16/2009 OFFICE DEPOT 192.77 AP - 00281902 9/16/2009 OFFICE DEPOT 17.10 AP - 00287902 9/16/2009 OFFICE DEPOT 25.07 AP - 00287902 9/1612009 OFFICE DEPOT 4.06 AP - 00287902 9/16/2009 OFFICE DEPOT 71.35 AP - 00287902 9/16/2009 OFFICE DEPOT 305.75 AP - 00287902 9/16/2009 OFFICE DEPOT 1,976.76 AP - 00287902 9/16/2009 OFFICE DEPOT 110.76 AP - 00287902 9/16/2009 OFFICE DEPOT 133.94 AP - 00287902 9/16/2009 OFFICE DEPOT 191.31 AP - 00287902 9/16/2009 OFFICE DEPOT 35.82 AP - 00287902 9/16/2009 OFFICE DEPOT 12.34 AP - 00287902 9/16/2009 OFFICE DEPOT 33.01 AP - 00287902 9/16/2009 OFFICE DEPOT 48.72 AP - 00287902 9/16/2009 OFFICE DEPOT -18.53 AP - 00287902 9/16/2009 OFFICE DEPOT 108.39 AP - 00287902 9/16/2009 OFFICE DEPOT 32.30 AP - 00287902 9/16/2009 OFFICE DEPOT 148.89 User: CHART -Carole Hart Page: 20 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 1 0/0 112 0 0 Time: 08:17:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 9!9/2009 through 9/22/2009 P146 Check No. Check Date Vendor Name Amount AP - 00287902 9/16/2009 OFFICE DEPOT 16.10 AP - 00287902 9/16/2009 OFFICE DEPOT 318.58 AP - 00287902 9/16/2009 OFFICE DEPOT 49.59 AP - 00287903 9/16/2009 ONTARIO WINNELSON CO 93.61 AP - 00287903 9/16/2009 ONTARIO WINNELSON CO 19.52 AP - 00287904 9/16(2009 ONTARIO, CITY OF 14,418.00 AP - 00287905 9/16/2009 ORACLE CORP 3,000.00 AP - 00287906 9116/2009 ORCHARD SUPPLY HARDWARE 9.08 AP - 00287906 9/16!2009 ORCHARD SUPPLY HARDWARE 3.24 AP - 00287906 9{16/2009 ORCHARD SUPPLY HARDWARE -1.62 AP - 00287906 9116(2009 ORCHARD SUPPLY HARDWARE ` 4.50 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 4.33 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 7.71 AP - 00287906 9116/2009 ORCHARD SUPPLY HARDWARE 86.99 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 34.57 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 8.78 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 1.72 AP - 00287906 9/16!2009 ORCHARD SUPPLY HARDWARE 148.19 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 86.12 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 27.46 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 133.74 AP - 00287906 9/16(2009 ORCHARD SUPPLY HARDWARE 13.04 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 11.88 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE - 32.77 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 24.99 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 9.78 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 42.03 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 9.94 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 54.33 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 19.58 AP - 00287906 9/16!2009 ORCHARD SUPPLY HARDWARE 8.97 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 9.43 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 7.58 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 7.60 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 47.63 AP - 00287906 9/16/2009 ORCHARD SUPPLY HARDWARE 16.58 AP - 00287907 9!16/2009 ORKIN PEST CONTROL 1,458.46 AP - 00287908 9/16/2009 PACIFIC COAST BASEBALL 2,000.00 AP - 00287909 9/16/2009 PACIFIC PRODUCTS AND SERVICES 4,997.83 AP - 00287910 9/16!2009 PATTON SALES CORP 28.98 AP - 00287910 9/16!2009 PATTON SALES CORD 88.58 AP - 00287910 9/16/2009 PATTON SALES CORP 9.05 AP - 00287911 9/16/2009 PAYNE, ELIZA 70.00 AP - 00287912 9/16/2009 PB AMERICAS INC 6,100.50 AP - 00287913 9/16!2009 PENINSULA LIBRARY SYSTEM 75.00 AP - 00287914 9/16/2009 PEP BOYS 31.96 AP - 00287915 9!16/2009 PETERMAN LUMBER INC 504.99 AP - 00287916 9/16/2009 PETES ROAD SERVICE INC 54.00 AP - 002879i7 9/16/2009 PHOENIX GROUP INFORMATION SYSTEMS 861.70 AP - 00287918 9/16/2009 PILONIETA, MANUEL 474.49 AP - 00287918 9/1612009 PILONIETA, MANUEL -200.00 AP-00287919 9/16/2009 PIONEER MANUFACTURING 379.11 AP - 00287921 9/16/2009 PORAC LEGAL DEFENSE FUND ] 26.00 AP - 00287922 9/16/2009 PRAXAIR DISTRIBUTION INC 113.30 User: CHART -Carole Hart Page: 21 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P147 Asenda Check Resister 919!2009 through 9/22/2009 heck No. Check Date Vendor Name Amount AP - 00287923 9/16/2009 PUMA NORTH AMERICA INC 2,270.84 AP - 00287925 9!16/2009 R AND R AUTOMOTIVE 74.09 AP - 00287925 9(1612009 R AND R AUTOMOTIVE 441.35 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 309.00 AP - 00287925 9!16/2009 R AND R AUTOMOTIVE 430.02 AP - 00287925 9/16/2009 R AND R AUTOMOTNE 4095 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 1,578.17 AP - 00287925 9/16!2009 R AND R AUTOMOTIVE 49.80 AP - 00287925 9!16/2009 R AND R AUTOMOTNE " 40.75 AP - 00287925 9!16/2009 R AND R AUTOMOTIVE 780.97 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 535.71 AP - 00287925 9116(2009 R AND R AUTOMOTIVE 85.33 AP - 00287925 9!1612009 R AND R AUTOMOTIVE 264.90 AP - 00287925 9!1612009 R AND R AUTOMOTIVE 40.75 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 273.62 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 40.75 AP - 00287925 9/16(2009 R AND R AUTOMOTIVE 337.64 AP • 00287925 9/!6/2009 R AND R AUTOMOTIVE 400.60 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 40.75 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 30.00 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 378.39 AP - 00287925 9/16!2009 R AND R AUTOMOTIVE 274.07 AP - 00281925 9/16/2009 R AND R AUTOMOTIVE 303.09 AP - 00287925 9/16!2009 R AND R AUTOMOTIVE _ 100.00 AP - 00287925 9/16/2009 R AND R AUTOMOTIVE 49.80 AP - 00287926 9/16/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 75.00 AP - 00287926 9/16/2009 RANCHO CUCAMONGA CHAMBER OF COMME] 75.00 AP - 00287926 9/16/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 75.00 AP - 00287926 9/16/2009 RANCHO CUCAMONGA CHAMBER OF COMMEI 75.00 AP - 00287927 9/16/2009 RANDOM HOUSE INC 158.44 AP - 00287927 9/16/2009 RANDOM HOUSE INC 87.92 AP - 00287927 9/16/2009 RANDOM HOUSE INC 87.92 AP - 00287927 9/16!2009 RANDOM HOUSE INC 87.92 AP - 00287927 9/16/2009 RANDOM HOUSE INC 70.52 AP - 00287928 9/16/2009 RBM LOCK AND KEY SERVICE 372.47 AP - 00287929 9/16/2009 RCPD EAC 78.76 AP - 00287930 9/16/2009 RED WING SHOE STORE 120.16 AP - 00287931 9/16/2009 REDFLEX TRAFFIC SYSTEMS INC 17,910.00 AP - 00287932 9/16/2009 RF WHITE PETROLEUM 1,449.51 AP - 00287933 9/16/2009 RICHARDS WATSON AND GERSHON 206.00 AP - 00287933 9/16/2009 RICHARDS WATSON AND GERSHON 165.00 AP - 00287933 9/16/2009 RICHARDS WATSON AND GERSHON 33.00 AP - 00287933 9/16/2009 RICHARDS WATSON AND GERSHON 421.50 AP - 00287933 9/16/2009 RICHARDS WATSON AND GERSHON 98.40 AP - 00287933 9/16/2009 RICHARDS WATSON AND GERSHON 1,097.20 AP - 00287934 9/16/2009 RIPPETOE MILES LLP 202.20 AP - 00287934 9/16/2009 RIPPETOE MILES LLP 67.50 AP - 00287934 9/16/2009 RIPPETOE MILES LLP 26.94 AP - 00287935 9/16/2009 RIVERA, GEORGE 474.95 AP - 00287935 9/16/2009 RIVERA, GEORGE 949.90 AP - 00287935 9/16/2009 RNERA, GEORGE 949.90 AP - 00287936 9/16!2009 ROADRUNNER PHARMACY 195.40 AP - 00287937 9/16/2009 ROBLES SR, RAUL P 135.00 AP - 00287937 9/16/2009 ROBLES SR, RAUL P 120.00 User: CHART - Cazole Hart Page: 22 Current Date: 10/01!200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P148 Aeenda Check Resister 9/9!2009 through 9/22/2009 Check No. Check Date Vend_o_r Name Amount AP - 00287938 9/16/2009 ROBLES, GRETCHEN 250.00 AP - 00281939 9/16/2009 ROCK PITT LLC 69,575.00 AP - 00287940 9/16/2004 ROCK-JERSEY LLC 2,750.00 AP - 00287941 9!16!2009 RODRIGUEZ, EUGENIO 39.02 AP - 00287942 9/16/2009 RUBENS AUTO COLLISION CENTER 798.98 AP - 00287943 9/16/2009 S AND E SANDBLASTING 2,950.00 AP - 00287944 9/16/2009 SAFELITE FULFILLMENT INC 190.23 AP - 00287945 9/16/2009 SAN BERNARDINO COUNTY 50.00 AP - 00287946 9!16!2009 SAN BERNARDINO COUNTY SHERIFFS DEPT 212.00 AP - 00287947 9{16/2009 SAN BERNARDINO COUNTY AUDTTOR CONTR( 586.50 AP - 00287947 9/16/2009 SAN BERNARDINO COUNTY AUDITOR CONTRC 586.50 AP - 00287947 9/16/2009 SAN BERNARDINO COUNTY AUDITOR CONTR( 782.00 AP - 00287947 9/16/2009 SAN BERNARDINO COUNTY AUDITOR CONTR( 585.00 AP - 00287947 9/16/2009 SAN BERNARDINO COUNTY AUDITOR CONTR( 1,062.00 AP - 00287948 9/16!2009 SAN BERNARDINO COUNTY SHERIFFS DEPT 13,075.20 AP - 00287949 9/16/2009 SAN BERNARDINO, CITY OF 957.22 AP - 00287950 9/16/2009 SC FUELS -562.50 AP - 00287950 9/16/2009 SC FUELS 5,729.87 AP - 00287950 9/16/2009 SC FUELS 4,149.21 AP - 00287950 9/16/2009 SC FUELS 9,045.41 AP - 00287950 9/16/2009 SC FUELS 12,491.36 AP - 00287950 9/16/2009 SC FUELS 12,709.06 AP - 00287950 9/16/2009 SC FUELS 9,203.11 AP - 00287951 9/16/2009 SCRIPPS CENTER FOR EXECUTIVE HEALTH 1,446.00 AP - 00287953 9/16/2009 SHRED IT 34.00 AP - 00287953 9/16/2009 SHRED IT 17.00 AP - 00287953 9/16/2009 SHRED IT 17.00 AP - 00287953 9/1612009 SHRED IT 17.00 AP - 00287954 9/16/2009 SILVIA CONSTRUCTION INC 24,809.94 AP - 00287955 9/16/2009 SO CALIF GAS COMPANY 1,551.63 AP - 00287956 9/]6/2009 SOUTH BAY FOUNDRY INC 631.41 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.15 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.98 AP - 00287961 9/1612009 SOUTHERN CALIFORNIA EDISON 19.78 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.72 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.70 AP - 00281961 9/16/2009 SOUTHERN CALIFORNIA EDISON 60.79 AP - 00287961 9/•16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/1612009 SOUTHERN CALIFORNIA EDISON 47.21 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 46.19 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 50.88 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.13 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORMA EDISON 17.92 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 28.69 AP - 00287961 9{16/2009 SOUTHERN CALIFORNIA EDISON 70.86 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 59.85 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.72 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON _ 38.53 User: CHART - Cazole Hart Page: 23 Current Date: 10/01/200 Report: CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:11:4 CITY OF RANCFIO CUCAMONGA Agenda Check Register 9/9/2009 though 9{2212009 P149 heck No. Check Date Vendor Name Amount AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 5231 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.88 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.72 AP - 00287961 9116!2009 SOUTHERN CALIFORMA EDISON 19.51 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 94.71 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 63.93 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.26 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 92.47 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 92.30 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 21.60 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.27 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 67.30 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 19.84 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.52 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.54 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 40.89 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 36.02 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.12 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 57.47 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.46 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 26.82 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 96.92 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 56.34 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 21.78 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 53.66 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.84 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 48.07 AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 59.36 AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00287961 9/16(2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 37.85 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 29.25 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 80.45 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 24.31 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 62.75 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 33.40 AP - 00287961 9/16(2009 SOUTHERN CALIFORNIA EDISON 120.01 AP - 00287961 9!16!2009 SOUTHERN CALIFORNIA EDISON 86.16 AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 19.35 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 75.00 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.56 User: CHART -Carole Hart Page: 24 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 9/9/2009 through 9122/2009 P150 Check No. Check Date Vendor Name Amount AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 45.21 AP - 00287961 9!] 6/2009 SOUTHERN CALIFORNIA EDISON 10.03 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 15.47 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 40.99 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 23.25 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 49.64 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.90 AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 20.26 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00287961 9!1612009 SOUTHERN CALIFORNIA EDISON 2130 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 100.12 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIAEDISON 1,18826 AP - 00287961 9/16(2009 SOUTHERN CALIFORNIA EDISON 28.80 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.80 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 79.10 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.01 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 24.71 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 133.62 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 73.57 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 49.67 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.03 AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 50.13 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.11 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.72 AP - 00287961 9/16(2009 SOUTHERN CALIFORNIA EDISON 61.10 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 28.93 AP - 00287961 9!16/2009 SOUTHERN CALIFORNIA EDISON 115.49 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.15 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 447.46 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 48.51 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 11624 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.62 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 17.92 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 27.93 AP - 00287961 9/16(2009 SOUTHERN CALIFORNIA EDISON 20.46 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 137.62 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 49.94 AP - 00287961 • 9/16/2009 SOUTHERN CALIFORNIA EDISON 38.78 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 39.48 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 82.69 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00287961 9/16(2009 SOUTHERN CALIFORNIA EDISON 51.46 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 39.87 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 1,280.19 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 82937 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 110.68 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 7,02721 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 65.82 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 2026 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 54.54 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 65.59 User: CHART -Carole Hart Page: 25 Current Date: 10/01/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P151 Agenda Check Resister 9/9!2009 through 9/22!2009 Check No. Check Date Vendor Name Amount AP - 00287961 9/] 6/2009 SOUTHERN CALIFORNIA. EDISON 29.78 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 27.75 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 80.63 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIABDISON 242.46 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 103.40 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA. EDISON 19.37 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 22.56 AP - 00287961 9!1612009 SOUTHERN CALIFORNIA EDISON 21.55 AP - 00287961 9/1612009 SOUTHERN CALIFORNIA EDISON 44.27 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 25,618.76 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.04 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 83.22 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 40.93 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 21.40 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 21.69 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.79 AP - 00281961 9/16/2009 SOUTHERN CALIFORNIA EDISON 20.04 AP - 00287961 9/16!2009 SOUTHERN CALIFORNIA EDISON 1,276.88 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 711.07 AP - 00287961 911612009 SOUTHERN CALIFORNIA EDISON 608.79 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.26 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.78 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.72 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 21.61 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 35.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 187.43 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 24.14 AP • 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 37.97 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 370.98 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 130.48 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 19.63 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 10.58 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 66.42 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 50.12 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.09 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 18.73 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 38.95 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 82.78 AP - 00287961 9/16/2009 SOUTHERN CALIFORNIA EDISON 48.73 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 1,359.13 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 11,195.77 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 37.04 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 13,648.87 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 127.61 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 4,715.76 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 4,629.54 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 46,388.84 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 4,167.82 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 12,814.82 User: CHART -Carole Hart Page: 26 Current Date: 10/01/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA P152 Asenda Check Resister 9/9/2009 through 9/2212009 Check No. Check Date Vendor Name Amount AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 5,668.86 AP - 00287962 9/16/2009 SOUTHERN CALIFORNIA EDISON 3,545.03 AP - 00287962 9/16(2009 SOUTHERN CALIFORNIA EDISON 8,806.69 AP - 00287962 9116/2009 SOUTHERN CALIFORNIA EDISON 16,439.69 AP - 00287962 9!16/2009 SOUTHERN CALIFORNIA EDISON 44,736.09 AP - 00287963 9/16/2009 SOUTHERN CALIFORNIA TEEN COALITION 120.00 AP - 00287964 9116/2009 SOUTHERN CALIFORNIA TEEN COALITION 80.00 AP - 00287965 9/16/2009 SOUTHLAND SPORTS OFFICIALS 69.00 AP - 00287966 9/16/2009 STERICYCLE INC 610.05 AP - 00287967 9!16/2009 SIEVES TOWING AND TRANSPORT 60.00 AP - 00287967 9/16/2009 SIEVES TOWING AND TRANSPORT 75.00 AP - 00287969 9/16/2009 SUNBELT RENTALS INC 405.94 AP - 00287970 9/16/2009 • SUNGARD PUBLIC SECTOR INC 4,801.26 AP - 00287971 9/16/2009 SYSTEM METRICS GROUP INC 3,225.00 AP - 00287971 9/16/2009 SYSTEM METRICS GROUP INC 450.00 AP - 00287971 9/16/2009 SYSTEM METRICS GROUP INC 1,080.00 AP - 00287972 9/16/2009 T H CONSTRUCTION 7,500.00 AP - 00287973 9/16/2009 TANNER RECOGNITION COMPANY, O C 154.18 AP - 00287976 9/16/2009 TRAFFIC OPERATIONS INC 6,514.66 AP - 00287976 9/16/2009 TRAFFIC OPERATIONS INC 4,334.30 AP - 00287976 9/16/2009 TRAFFIC OPERATIONS INC 1,771.69 AP - 00287978 9/16/2009 UN~'IRST UNIFORM SERVICE 23.30 AP - 00287978 9/16/2009 UNIFB3ST UNIFORM SERVICE 748.74 AP - 00287978 9/16!2009 UNIFIRST UNIFORM SERVICE 40.00 AP - 00287978 9/16/2009 UNIFIRST UNIFORM SERVICE 120.40 AP - 00287979 9/16/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 273.44 AP - 00287979 9/16/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 3,144.49 AP - 00287980 9/16(2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 50,059.92 AP - 00287981 9/16/2009 UNIQUE MANAGEMENT SERVICES INC 446.29 AP - 00287982 9/16/2009 UNISOURCE WORLDWIDE INC 1,012.90 AP - 00287983 9/16/2009 UNITED PACIFIC SERVICES INC 13,890.00 AP - 00287984 9/16/2009 UNITED SITE SERVICES OF CA INC 218.30 AP - 00287985 9/16/2009 UPS 28.21 AP - 00287986 9/16/2009 UST DEVELOPMENT INC 30,545.81 AP - 00287986 9/16/2009 UST DEVELOPMENT INC -4,494.00 AP -00287986 9/16/2009 UST DEVELOPMENT INC 44,940.00 AP - 00287986 9/16!2009 UST DEVELOPMENT INC -3,054.58 AP - 00287987 9/16/2009 UTI 1,023.47 AP - 00287987 9/16/2009 UTI 1,038.75 AP - 00287989 9/16/2009 VERIZON CALIFORNIA INC 46,860.64 AP - 00287991 9/16/2009 VERIZON 93.91 AP - 00287991 9/16/2009 VERIZON 483.11 AP - 00287991 9/16!2009 VERIZON 40.62 AP - 00287991 9/16/2009 VERIZON 18.79 AP - 00287991 9/16/2009 VERIZON 41.75 AP - 00287991 9/16/2009 VERIZON 41.75 AP - 00287991 9/16/2009 VERIZON 18.27 AP - 00287991 9!1612009 VERIZON 77.87 AP - 00287991 9/16/2009 VERIZON 3,299.77 AP - 00287991 9/16/2009 VERIZON 18.27 AP - 00287991 9/16/2009 VERTZON 88.07 AP - 00287991 9/16/2009 VERIZON 18.27 AP - 00287991 9/16/2009 VERIZON 559.90 AP - 00287991 9/16/2009 VERIZON 37.42 User: CHART - Cazole Hart Page: 27 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/01/200 Time: 08:17:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 9/9/2009 through 9/22/2009 ' P753 Check No. Check Date Vendor Name Amount AP - 00287991 9/16/2009 VERIZON 41.75 AP - 002$7991 9/16/2009 VERIZON 18.79 AP - 00287991 9/16/2009 VERIZON 93.17 AP - 00287991 9/16/2009 VERIZON 35.52 AP - 00287991 9/16/2009 VERIZON 110.31 AP - 00287991 9/16/2009 VERIZON 40.62 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9/16/2009 VERIZON 93.17 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9/16/2009 VERIZON 36.65 AP - 00287991 9/16/2009 VERIZON 127.93 AP - 00287991 9!16/2009 VERIZON 42.37 AP - 00287991 9!16!2009 VERIZON 177.71 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 00287991 9!16/2009 VERIZON 93.17 AP - 00287991 9/16/2009 VERIZON 88.07 AP - 0028799! 9/16!2009 VERIZON 37.33 AP - 00287991 9/16/2009 VERIZON 40.62 AP - 00287991 9/16/2009 VERiZON 76.13 AP - 00287991 9116(2009 VERIZON 40.98 AP - 00287991 9/1612009 VERIZON 20.10 AP - 0028799] 9/1612009 VERIZON 93.17 AP - 00287991 9/1612009 VERIZON 40.62 AP - 00287991 9/16/2009 VERIZON 43.62 AP - 00287991 9/16/2009 VERIZON 160.21 AP - 00287991 9/16/2009 VERIZON 36.65 AP - 00287991 9/16/2009 VERIZON 36.65 AP - 00287991 9/16/2009 VERIZON 20.10 AP - 00287991 9/16/2009 VERIZON 88.07 AP-00287991 9/16/2009 VERIZON 382.98 AP - 00287991 9/16/2009 VERIZON 35.52 AP - 00287991 9/16/2009 VERIZON 90.48 AP - 00287991 9/16/2009 VERIZON 52.51 AP-00287991 9/16/2009 VERIZON 52.51 AP-00287991 9/16/2009 VERIZON 88.07 AP-00287991 9/16/2009 VERIZON 40.62 AP - 00287991 9116/2009 VERIZON 147.15 AP - 00287991 9/16/2009 VERIZON 115.04 AP - 00287992 9/16/2009 Verizon 22.67 AP - 00287993 9/16/2009 VIASYN INC 3,000.00 AP - 00287994 9/16/2009 VOSS, STEPHANIE 56.65 AP - 00287995 9/16/2009 WALTERS WHOLESALE ELECTRIC CO 64.49 AP - 00287995 9/16/2009 WALTERS WHOLESALE ELECTRIC CO 159.95 AP - 00287995 9/16/2009 WALTERS WHOLESALE ELECTRIC CO 57.36 AP - 00287995 9/16!2009 WALTERS WHOLESALE ELECTRIC CO 58.47 AP - 00287996 9/1612009 WARREN & CO INC, CARL 556.88 AP - 00287996 9/16/2009 WARREN & CO INC, CARL 568.58 AP - 00287996 9/16/2009 WARREN & CO INC, CARL 103.95 AP - 00287996 9/16!2009 WARREN & CO INC, CARL 379.18 AP - 00287997 9/16/2009 WAXIE SANITARY SUPPLY 180.34 User: CHART - Cazole Hazt Page: 28 Current Date: 10/41/20p Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 CITY OF RANCHO CUCAMONGA AEenda Cheek Register 9/9/2009 through 9/2Z/2009 P154 Check No. Check Date Vendor Name Amount AP - 00287997 9/16/2009 WAXIE SANITARY SUPPLY 386.01 AP - 00287997 9!16/2009 WAXIE SANITARY SUPPLY 87.07 AP - 00287997 9116/2009 WAXIE SANITARY SUPPLY 1,024.49 AP - 00287997 9/16/2009 WAXIE SANITARY SUPPLY 86.34 AP - 00287997 9/16/2009 WAXIE SANITARY SUPPLY 80.27 AP - 00287997 9/16/2009 WAXIE SANITARY SUPPLY 10.77 AP - 00287998 9/16/2009 WEST END MATERIAL SUPPLY - 53.96 AP - 00288000 9/16/2009 WESTERN HIGHWAY PRODUCTS INC 692.54 AP - 00288001 9/16/2009 WESTERN UNIVERSITY 43.00 AP - 00288001 9/16/2009 WESTERN UNIVERSITY 35.00 AP - 00288001 9/16!2009 WESTERN UNIVERSITY 35.00 AP - 00288001 9!16/2009 WESTERN UNIVERSITY 35.00 AP - 00288001 9/16!2009 WESTERN UNIVERSITY 43.00 AP - 00288001 9!16!2009 WESTERN UNIVERSITY 35.00 AP - 00288001 9/16/2009 WESTERN UNIVERSITY 43.00 AP - 00288002 9/16/2009 WESTRUX INTERNATIONAL INC 17.14 AP - 00288003 9/16/2009 WHITTIER FERTILIZER 674.25 AP - 00288003 9116/2009 WHITTIER FERTILIZER 1,250.63 AP - 00288003 9/16/2009 WHTTTIER FERTILIZER 750.38 AP - 00288003 9/16/2009 WHTTTIER FERTILIZER 532.88 AP - 00288004 9/16/2009 YUCKOS 1,047.00 AP - 00288005 9/16/2009 ZEE MEDICAL INC 179.86 Total for Check ID AP: 1,863,720.14 EP - 00000613 9/9/2009 CHAFFEY JOINT UNION HS DISTRICT 339.60 EP - 00000613 9!9!2009 CHAFFEY JOINT UNION HS DISTRICT 172.80 EP - 00000650 9/16!2009 ELEPHANT SET-STUDIO SCENERY CORP 8,543.42 EP - 00000651 9!16!2009 FORTISTAR METHANE GROUP LLC 110,791.59 EP - 00000651 9/16/2009 FORTISTAR METHANE GROUP LLC 105,567.74 EP - 00000652 9/16/2009 SHELL ENERGY NORTH AMERICA -69,571.01 EP • 00000652 9/16/2009 SHELL ENERGY NORTH AMERICA 4,500.00 EP - 00000652 9/16/2009 SHELL ENERGY NORTH AMERICA 345,910.40 EP - 00000653 9/16/2009 VERNON, CITY OF 211,753.25 Total for Check ID EP: 718,007.79 Total for Entity: 2,581,727.93 User: CHART - Cazole Hart Page: 29 Current Date: 10/01!200 Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:17:4 q ~~ h h N O Ol g N p ~ C 3 ~ O m 0 f0 ' N N YI p 'p I ~ ~ fV M N G I ly n M U 0 W + R Cl N N W m O t l 1~ m M ~~ v i io N p' o ~ ~ ri ei S I N o I H o e _T S U g L~ ~~ p .- ' m ~ ~o T~ m o r n n O q I I O~ ~ b O O C'! g ~(~ f O fJ N n a ° o Y j O C G O O m O t0 N n N O H m1 r0 Yi G 8 •C r N ~- ~ N N O O W O !~ N N p n O N S W (O b q q A ~ m t0 t0 t0 W O1 ' t0 O N om' N A ~ ~ ~ r m r V ~ a ~ O C y o N l0 V ~ O q e r G 7 N o rn $ L~ M r ° n O O .. ro o e o C O O 1 7 O~ m~ t 0 ~ m N O 1Np Y ~ O ~ ~ ~ < ~ M m O N ~i ~ H R , 1 ~ O~ ~ U W sL w. O o 8 ~ 40 m m `m `O ~ ao u- , v i ~a ~ m m U w 0 N N N D ~ N 0 Of N GG p °'i o 0 a O 0 - b N A W N A M e 0 m m n co w 1 • O L ° N -- w„ vi ei aD O D ~ a o N m f ~ O ~ O r t7 T J 7 2 C ~ y N M C q ~ h c ~ W, ~ Q m m U ~ C LL y U ~ ~~ ~ U r N a y Z v 3a ~ q rc ~ t7 ~ g~ ~ ~ ~ y D y m O O > m ~ u >. y c a ~. ~ o~ ~ 8~ uQ ~ a ~`~ i m o ~° ~ C.7 ~ ~ ~ Q 4 E ~ A ~~ C ~ A U q W } CI > $~ u ~ ~ u U ryry v ~ ~ 'o ~ m mo tY ~ O O ~ > ~ ~ S ~ v ersa ~n r r u a w ~~LL~ P155 h m V ^A U p S > o yf ~ rc~ o drc a ~ C O1 O O N t"i n 4 a O N 0 O i' a o a m C i' a ~ W C z P156 m A a a W O c E E d ~' f1 R N G O m u ~ ~ c p T ~ ~ ~ o p y, p V d ~. R a - c A ~ m5 N C O ~E aL H E ~' m .'. ~v c c o. v K .t. W O y T ry p 3 y. 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W m@ O (O !~ m O! h N m N n O O N O C) ~ I r , O I ~~` V N t7 Ol N C l C l N N @ M O ) WW ~ l V f N Cl C> N N N N N M t 7 W ryry @ ry l p ry p m ~ p @ l a al m p p q p 1 p 1 p q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 6 Q 4 N 8 p O O O q Oq m O O O O N N O 8 N m O O O O p 8 N O S O S N m O ~ 0 O O (O f D O O N m m~ S t~ 0 H n S O m O~ ~ < O m r ~ O N l7 Cl W N N H C! Cl N N m t7 N ('! (~ ~ N N N Cf Vl CI CI N N !V O 0 gS $ 00 0 `'o g gg oo°o°o ggg S $S $ $o ogg $$m °o p lW ~p p~ 8 N N , 8 8 8 p p p p p 8 8 8 p 8 8 8 p O O O O O O ~ O O ~ ~ O O O W O O ~ Y O O O O N A O O I~ S 1~ M O O ~ ~ p O ~ q 8 8 8 S 8 8 8 8 8 8 S W T S W W ' W W O O O Y? N O O W O O N m W W O O i @ O O O W O W N N _ f N O N@ ('~ @ Ol t7 m m m @ N W N N N (7 ~ f N N Y N N N N N O O 1 O M O S O O O N O O O O S S O O O O O O O O O O O O S O O m W ~ p N ? 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Gillison, Deputy City ManagerlAdministrative Services By: ~ Sandra G. Ramirez, Management Analyst III Subject: APPROVAL TO ADOPT ANNUAL STATEMENT F 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. California 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 two modifications for your approval. The first change pertains to authorized investments. In addition to the other permitted investments authorized by this policy, the proposed modification adds Municipals (Warrants, Notes & Bonds), taxable or tax-exempt bonds, notes, warrants or other evidences of indebtedness of the State or any local agency within the State of California to the list of authorized investments pursuant to California Government Code Section 53601 (c) and (d). The second change pertains to the existing authorized permitted investments under Negotiable Certificates of Deposit to include investment in "FDIC-Insured Certificates of Deposit" with the same percentage limits (30%) and maximum maturity (5 years) as the Negotiable Certificates of Deposit. 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 District'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 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 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. P166 APPROVALTO ADOPTANNUAL STATEMENT OF INVF..STMENT POLICY PAGE 2 OcrosaR 7, 2009 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. Attachments P167 Rancho Cucamonga Fire Protection District Statement oflnvestment Policy RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATEMENT OF INVESTMENT POLICY 2009 ~ANGHO ~;UCAMONGA CALIFORNIA Prepared by tlxe Administrative Services Department John R. Gillison, Treasurer P168 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" standazds. 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. 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 arising from rnazket 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: 9/2009 P169 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 aze reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. OBJECTIVE The Rancho Cucamonga Fire Protection District operates its temporary pooled idle cash investment under the "Prudent Person" standazd. 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 shazes of beneficial interest issued by diversified management companies. The criteria for "money mazket mutual funds" are more specifically described in Califomia Govemment 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 aze: 1. 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. Rev:9/2009 ~ 2 P170 Mazket 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. 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 District'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 TreasureriDeputy 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, particulazly with regard to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees aze required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). AUTHORIZED BROKER/DEALERS 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. Rev: 9/2009 P171 The District shall at least annually send a copy of the current investment policy to authorized brokerldealers approved to do business with the District. Confirmation of receipt of this policy shall be considered evidence that the brokerldealer has read and understands the District's investment policy and will recommend and execute only transactions suitable for and in compliance with the District's investment policy. 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 yeazs* Municipals (Wan•ants, Notes & Bonds) 30% 5 yeazs* Taxable or tax-exempt bonds, notes, warrants, or other evidences of indebtedness of the State or arty local agency within the State of California with a minimum long-term rating of either ' Al " by Moody's Investors Service, or ' A+" by Standard & Poor's, the minimum short-term rating of either "M!G 1 " by Moody's Investors Service, or "SP-1 " by Standard & Poor's, (the minimum rating shall apply to any agency, irrespective of any credit enhancem¢nt), including bonds, notes, warrants, or other evidences of indebtedness payable solely out of the revenues from a revenue producing property owned controlled or operated by either the State or focal agency, a department, board agency, or authority oflhe Stare or local agency; or of arty local agency within this state. Certificates of Deposit (or Time Deposits) Unlimited 5 yeazs* Placed with commercial banks andlor savings and loan companies. Negotiable Certificates of Deposit 30% 5 yeazs* FDIC -Insured Certificates of Deposit 30% 5 yeazs* Banker's Acceptances 40% 180 days Commercial Paper 30% 270 days Investments in Commercial Paper must be only with corporations with at least $S00 million in assets. Must be of 'prime" quality ofthe 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' ar it l/PI 'and a long-term rating of ;4' 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 Rev: 9/2009 INVESTMENTS/DEPOSITS Deposit of Funds (See Government Code Section 53630 -Ref. C) MAXIMUM PERCENTAGES MATURITY* n/a Repurchase Agreements (Repos) 20% 1 year The market value of the 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 Erie. 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 jor investment must be rated `ilA" 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 [he unconditional obligation of one or more banks, iruurance 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 ofthe two highest rating categories by two or more rating agencies; or, which are collateralized at least 100% with US Government securities. * Maximum term unless expressly authorised 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 Zimits 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. the authority of Government Code Sections 16430 market, and market valuation is conducted monthly. All securities in LAIF are purchased under and 16480. All investments are purchased at ~2 Rev: 9/2009 P773 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) yeazs 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 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 aze held in the City's vault. No outside brokerldealer 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 TreasuredDeputy Treasurer. 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 aze 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 aze 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: Rev: 9/2009 6 P174 • The type of investment, name of the issuer, date of maturity, paz and dollaz 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 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. 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 Boazd 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. d¢cQ ~- John R. Gillison Treasurer Rancho Cucamonga Fire Protection District 9 3a o ~ Date Rev: 9/2009 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 teens. 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 aze typically negotiable. CMT: Constant Maturity Treasury. P175 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 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 prepared in confotrnity 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 boml 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. A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There aze 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 sel8ng 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. P176 2 ;~ - ~~_ Rancho Cucamonga Fire Protection District 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 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 (FHI.B): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrill 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 al( security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congess and consisting of a seven member Boazd of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FEDERAL OPEN MARKF•T COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Boazd 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. P177 FRN: Floating Rate Note. Rancho Cucamonga Fire Protection District Statement of Investment Policy FULL FAITH AND CREDIT: The unconditional guazantee 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 guazanteed 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 aze backed by the F'I-IA, 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 mazketing 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 (LGB?): 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. LH3ID: 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. P178 ~; ~~- Rancho Cucamonga Fire Protection District 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 aze 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 aze 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 mazket 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 dollaz 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 paz value. Also, the amount that must be paid over the par value to call an issue before maturity. P179 PRICE RISK: Volatility ~- k ~~= ~ / 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 Federai 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 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 compazison 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. P180 SAFEKEEPING: A service banks offer to customers for a fee, where securities are held in the bank's vaults for protection. ~~~ 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. SECURTTIES & 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 afrer 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 mazket 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 yeazs. 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 yeazs. 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 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. P781 VALUE OF 1/32 PER MILLION: $312.50 '~. ~~ , , Rancho Cucamonga Fire Protection District Statement oflnvestment Policy WREN ISSUED BASIS-WIB-Wi: A term applied to secwities that aze traded before they are actually issued, with the stipulation that transactions aze null and void if securities aze 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 dollaz 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 MATURTTY/NET YIELD: The current income yield minus any premium above par, or plus any discount from paz in the purchase price with the adjustment spread over the period from date of purchase to maturity. P182 I: V+DMIN\SANDY\TreasuryWnnual Investment Policies 09\ GLOSSARY 09 FIRE.doc STAFF REPORT ENGINEERING SERVICES DEPdRTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M, David, Associate Engineer P183 RANCHO G'UCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF THE BERYL STREET COMMUNITY TRAIL FROM BANYAN STREET TO WILSON AVENUE TO BE FUNDED FROM BEAUTIFICATION FUNDS RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the Beryl Street Community Trail from Banyan Street to Wilson Avenue and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUNDtANALYSIS Beryl Community Trail scope of work in general consists of, but not limited to, grading and the installation of decomposed granite, white PVC 2-rail trail fencing, retaining curbs and headers. The project is to be funded from Beautification funds. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for Beryl Community Trail is $142,000. Legal advertising is scheduled for October 13, 2009 and October 20, 2009 with bid opening at 2:00 p.m. on Tuesday, October 27, 2009, unless extended by addendum. Respectfully submitted, .. ark euer Director of Engineering Services/City Engineer MAS/RMD:Is Attachments ~,~ ,, ~~J O~, N ' N S N I } nv Z m `~ nv N I s~ ~ 0 ~N3 ~1,V0 ~ m ~ ~ ~~ ~ D ~ a ~ 3 3ntl s3HOOa ~ ~ o > ~ n N3NIll ~ Q z ~ wO ~~ ~ o ~ ~lo J ~~ ~ ~ m ^ w ^ ~ ntl 3ntlH 1~1 Q N ~~ z ~o~ ~J ~ ~ J tl tls aaH ~ _ (_J~ 3nv ltlalH atl ~ r ~ ~~ m z~tlN'd ll3H I =' ntl aatl,~N n n s l,~a e <~ y oa NI IJLJ NvnaNay m N _ J ~~~~ ~ n 1S 3al dtl5 ~ ~~ ~ ~ ~ G~~ ° any 3n0aJ zF ~ a~ Z z O a F' z U ~ ~,.~ V ~ O ~ ~ ~ x V ~ H E a W a O N ~ E"~ C/1 E a U ~ O P185 RESOLUTION NO. O7 ' ~ D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATION FOR THE BERYL STREET COMMUNITYTRAIL, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the Ciry of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and ark t)ereby approved as the plans and specifications for the "BERYL STREET COMMUNITY TRAIL": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the Ciry Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m, on Tuesday, October 27, 2009, sealed bids or proposals for the "BERYL STREET COMMUNITY TRAIL" in said Ciry. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, Califomia 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "BERYL STREET~COMMUNITY TRAIL": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor isrequired to pay not less than the general prevailing rate of per diem wages for work of'a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or P186 RESOLUTION NO. October 7, 2009 Page 2 mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's projectand which administers the apprenticeship program in that trade fora certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by thejoint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjoumeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe obtained from the Directorof Industrial Relations, ex-officio the AdministratorofApprenticeship,San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars P187 RESOLUTION NO. October 7, 2009 Page 3 ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the Lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, inform and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or Class "C-27" License in accordance with the provisions of the Contractor's License law (Califomia Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "Califomia Business and Professions Code;' Section 7028.15, shall indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that tfie information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, Califomia. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- Pi88 RESOLUTION NO. October 7, 2009 Page 4 refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title ofthe requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a.contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, asset forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "BERYL STREET COMMUNITY TRAIL" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive, Rancho Cucamonga, CA. 91730 (909) 477-2740, ext. 4070 By order of the Council of the City of Rancho Cucamonga, California. Dated this 7th day of October, 2009 Publish Dates: October 13, and October 20, 2009 P189 RESOLUTION NO. October 7, 2009 Page 5 PASSED AND ADOPTED bythe Council of the City of Rancho Cucamonga, Caiifomia, this 7th day of October, 2009. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk 1, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, Caiifomia, at a regular meeting of said City Council held on the 7'" day of October, 2009. Executed this 7w day of October, 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk ADVERTISE ON: October 13 and October 20, 2009 P190 STAFF REPORT CITY MANAGER'S OAFICE RANCHO Oate: October 7, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager r From: Pamela Easter, Assistant City Mana John Gillison, Deputy City Manager/A inistrative Service Mike Bell, Fire Chiey~~~j By: Breanna Medina, Management Analyst II/Emergency Preparedness and Response Program Manager Subject: APPROVAL TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $9,602.00 AWARDED BY THE CALIFORNIA EMERGENGY MANAGEMENT AGENCY (FY2008 HOMELAND SECURITY GRANT), AND ADMINISTERED BY THE SAN BERNARDINO COUNTY FIRE DEPARTMENT, OFFICE OF EMERGENCY SERVICES TO THE CITY OF RANCHO CUCAMONGA FOR THE PURPOSE OF EMERGENCY OPERATIONS CENTER (EOC) OUTFITTING RECOMMENDATION Approve the acceptance of grant revenue in the amount of $9,602.00 awarded by the California Emergency Management Agency (FY2008 Homeland Security Grant), administered by the San Bernardino County Fire Department, Office of Emergency Services, into Account #1380000-4740 (Grant Income); and authorize the appropriation of $9,602.00 into Account #1380501-5603 (Capital Outlay-Equipment). The grant is 100% reimbursable with no matching funds required. BACKGROUND The FY2008 Homeland Security Grant contained anon-competitive portion of funding allocated to Emergency Management programs within the 24 cities and towns of the Operational Area. Jurisdictions were required fo choose equipment that would support an Emergency Operations Center (EOC} Outfitting project. The City of Rancho Cucamonga requested computer equipment for the purchase of a laptop computer fully dedicated to the primary EOC and the Emergency Management Program, as well as equipment to increase networking capability of the alternate EOC, located at the Family Resource Center. P191 STAFF REPORT QTY MANAGER'S OFFICE Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Pamela Easter, Assistant City Mana John Gillison, Deputy City Manager, dministrative Services Mike Bell, Fire Chief~~1~~ By: Breanna Medina, Management Analyst II/Emergency Preparedness , jZANCxo cUCAMONGA Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE TEMPORARY SEATS OF GOVERNMENT IN THE EVENT OF AN EMERGENCY, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE 23600, TO BE FILED WITH THE SECRETARY OF STATE RECOMMENDATION Designafe updated Temporary Seats of Government in the event of an emergency in accordance with California Government Code 23600, and file the designated seats with the California Secretary of State. BACKGROUND In February 2009, the City of Rancho completed a comprehensive revision of its Emergency Operations Plan (EOP), which also updated the temporary seats of government to the following locations: James L. Brulte Senior Center Central Park 11200 Baseline Rd. Rancho Cucamonga, CA 91730 City Hall North Parking Lot 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 City Yard Lunch Room 9153 Ninth Street Rancho Cucamonga, CA 91730 Approval of these updated temporary seats of government will be filed with the California Secretary of State in Accordance with California Government Code 23600. P192 RESOLUTION NO.09-~Jr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE TEMPORARY SEATS OF GOVERNMENT IN THE EVENT OF AN EMERGENCY, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE 23600, TO BE FILED WITH THE SECRETARY OF STATE WHEREAS, the governing body of each political subdivision of the State of California may establish and designate, by ordinance, resolution, or other manner, alternate or substitute sites or places as the emergency location, or locations, of govemment and may make any necessary arrangements for the use of those sites or places whenever due to an emergency it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing bodies may meet at those previously designated sites or places, or at any other convenient site or place, on the call of the presiding officer or any two members of the governing bodies; NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby designates the following locations as the temporary seats of govemment for the City of Rancho Cucamonga in the event of an emergency, or in the event that the use of City Hall andlor the Council Chambers at the Civic Center is inaccessible or impractical. The locations are listed in the order in which they would be used: James L. Brulte Senior Center Central Park 11200 Baseline Rd. Rancho Cucamonga, CA 91730 City Hall North Parking Lot 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 City Yard Lunch Room 9153 Ninth Street Rancho Cucamonga, CA 91730 Please sae the rWlowlny pays for formal adoption, cardHcat/on and slynatun:s P193 Resolution No. 09-_ Page 2 of 2 PASSED, APPROVED, AND ADOPTED this _ day of _ 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk 1, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, Califomia, at a Regular Meeting of said City Council held on the _ day of 2009. Executed this _day of _2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P194 r T H E C I T Y O F ANCHO UCAMONGA Staff Report Date: October 7, 2009 To: Mayor and Members of City Council Jack Lam, AICP, City Manager From: John Gillison, Deputy City er/Administrative Services By: Keri Hinojos, Senior Buy r Subject: APPROVAL TO DECLARE SURPLUS CITY-OWNED MISCELLANEOUS VEHICLES AND EQUIPMENT, OFFICE EQUIPMENT, AND COMPUTER EQUIPMENT (PLEASE SEE ATTACHED). THE ITEMS INDICATED HAVE BEEN DEEMED NO LONGER NEEDED, OBSOLETE OR UNUSABLE. That City Council approval be given to surplus the City-owned miscellaneous vehicles and equipment, office equipment and computer equipment (please see attached). The items indicated have been deemed no longer needed, obsolete or unusable. The City's Purchasing Manual identifies two major categories of surplus property: material and supplies, and capital equipment. It has been the policy of the City to request that the City Council provide authorization to the Purchasing Manager to dispose of City property by declaring such items as surplus. Methods of surplus are as follows: transfer to another department, trade-in, sale by bid or auction, sale as scrap, donation, or simply disposing of the equipment through methods that reduce landfills and promote safe recycling practices. The majority of items to be surplused are miscellaneous office equipment and computer equipment. If the City Council is in agreement, these items will be disposed of through auction or best method determined by the Purchasing Manager. P195 Page 2 Surpkis 9Faf F Report Octd~er 7,2009 UNIT # YEAR MANUFACTURER DESCRIPTION VIN # FUEL TYPE MILES 82-91 1991 Ford Explorer 4x4 1FMCU22XOM0004735 Unleaded 68,763 106-91 1991 Ford Explorer 4x4 1FMCU22X8M0004739 Unleaded 117,179 60-98 1998 Chevrolet '/. ton Pick-Up 1GCGC24RWZ190061 Unleaded 124,231 31-86 1986 Grumman 95'QuintAerial Platform-3 axle. 1D91D43F1F1008561 Diesel 134,000 UNIT # YEAR MANUFACTURER DESCRIPTION VIN # FUEL TYPE MILES 585 1999 Ford F-250 Pick-Up 1FDNF20F3XE670396 Diesel 50,850 625 1994 International Dump 1HTGHAAT9RH614844 Diesel 85,263 692 1999 Ford Pick-Up 1FDNF20F1XEB70395 Diesel 51,356 800 1997 Chevrolet Pick-Up 1GCCS19X7T821951 Unleaded 62,592 805 1996 Chevrolet Pick-Up 1GCC319X7T8218939 Unleaded 61,693 806 1996 Chevrolet Pick-Up 1GCCS19X3T8219330 Unleaded 61,631 807 1996 Chevrolet Pick-Up 1GCCS19XOT8220645 Unleaded 77,895 811 2000 Ford Explorer 4x4 1FMZU71X3YZ675720 Unleaded 90,137 965 1997 Ford Explorer 4x4 1FMDU34X2VZ688596 Unleaded 116,902 1214 1996 Chevrolet Passenger Van 1GNDM19WOTB176436 Unleaded 28,764 1218 1999 Chevrolet Blazer 4x4 1GNDT13W2XK224150 Unleaded 39,944 1223 1999 Chevrolet Blazer 4x4 1GNDT13W9XK222508 Unleaded 67,475 1236 2000 Ford Explorer 4x4 1FMZY71X8YZ692058 Unleaded 72,962 1329 2000 Ford .Explorer 4x4 1FMZU71X3YZ692064 Unleaded 53,544 1330 1999 Chevrolet Blazer 4x4 1GNDT13W8XK223388 Unleaded 40,479 1331 2000 Ford Explorer 4x4 1FMZU71X6YZ692057 Unleaded 25,630 1332 2000 Ford Explorer 1FMZU71X1YZ692063 Unleaded 63,446 1619 1996 Ford F-250 Pick-Up 1FDHX25FOTE672412 Diesel 102,894 1624 1999 Ford F-550 Utility 1FDAF56FXEE78032 Diesel 35,362 1733 1997 Chevrolet Blazer 4x4 1GNDT13W2V2231256 Unleaded 60,315 10641 2002 Freight Liner Sweeper 1FVABTAK53D47516 Diesel 46,317 10643 2002 Swartz Air Sweeper 49HAADBV32DK14136 Diesel 54,171 P196 Page 3 Surpkis SMf ReportOclober7, 2009 10650 2002 Elgin Sweeper 1FVABTAK03DK47519 Diesel 54,849 1621 1997 Ford F-450 Dump 3FELF47FXVMA42765 Diesel 71,365 1623 1997 Ford F-450 Stencil 3FELF47F1VMA42766 Diesel 30,714 1631 1997 Ford F-450 Dump 3FELF47F3VMA42767 Diesel 58,187 1633 1997 Ford Graffiti Truck 1FDAF56F7XEE37434 Diesel 150,495 956 1996 International Stellar 1HTSHADT1TH370488 Diesel 46,435 UNIT # YEAR MANUFACTURER DESCRIPTION VIN # FUEL TYPE MILES 2447 1986 Chevrolet Station Wagon 1G1AW35W8G6173282 Unleaded 95,346 5437 1996 Ford 2W Drive Explorer 1FMDU32XOTZB61820 Unleaded 86,694 5438 1996 Ford 2W Drive Explorer 1FMDU32XXTZ641557 Unleaded 105,885 6118 1997 Chevrolet 4W Drive Tahoe 1GNEK13R4VJ419798 Unleaded 132,578 6247 2000 Chevrolet 4W Drive Tahoe 1GNEK13TOYJ18417 Unleaded 127,328 MFG. DESCRIPTION MODEL # SERIAL NUMBER FA# Xerox. Desktop Copier XC1255 062977 1812/1600 U.S. Robotics Courier Fax/Modem 1.224E+13 1399 MFG. DESCRIPTION MODEL # SERIAL NUMBER FA# Men's white 24" bicycle M1J13596 1186 Men's white 24" bicycle M1L31718 1187 Men's white 24" bicycle M1J13766 1188 MFG. DESCRIPTION MODEL # SERIAL NUMBER FA# RTI Video Tape Ins ector/Cleaner 000201 Symphone VCR SE226G V02762491 001711 Nikon 35mm SLR Camera N6006 2581254 1179 P197 Page 4 Sutpkis Sniff Repot Oct>oher 7,2009 Canon 35mm SLR Camera AE-1 4103870 E-635 Canon Zoom lens 28mm - 85mm 8404372 E-636 Go Video VHS Duplicator 4.143E+11 381 JVC Video Cassette Recorder HRVP674U 114F5530 1553 Phillips 19" Color TV 23287453 1555 Panasonic Video Cassette Recorder PV-2501 B5MA25130 1556 Telex Audio Cassette Duplicator 100457 1190 Magnavox 32" Color TV 17606662 1546 Telex Movie Projector 81544 21326 Telex 35mm Slide Projector 4490 251308 1358 Kodak Slide Projector 4839829 E-267 Canon Digital Camera Power-Shot G2 4524502929 2728 Canon Digital Camera Power-Shot G2 4524502932 2729 Kodak Digital Camera DC120 EK68490150 2418 Sharp 8mm Video Camera VL-E760 809536695 1986 MFG. DESCRIPTION MODEL # SERIAL # FA# IBM 15" Icd monitor L150 23ALW92 IBM 15" Icd monitor L150 23ALW93 IBM 15" Icd monitor L150 23ALW49 IBM 15" Icd monitor L150 23ALY09 IBM 15" Icd monitor L150 23ALW23 IBM 15" Icd monitor L150 23ALV10 IBM 15" Icd monitor L150 23FG174 IBM 15" Icd monitor L150 23ALW24 IBM 15" Icd monitor L150 23ALW27 IBM 15" Icd monitor L150 23ALW70 IBM 15" Icd monitor L150 23ALZ56 IBM 15" Icd monitor L150 23ALW89 IBM 15" Icd monitor L150 23ALW94 IBM 15" Icd monitor L150 23ALW91 P198 Page 5 Suipkis Sfalf Repot Octol~ 7,2009 ViewSonic 19" monitor P95F02 33MO24200945 ViewSonic 19" monitor E90F 32MO22650408 ViewSonic 19" monitor E90F 32MO23050268 ViewSonic 19" monitor 500VX YA009933147533 IBM 15" Icd monitor L150 23ALW90 IBM 15" Icd monitor L151 V6HC187 IBM 15" Icd monitor L151 23ALV01 IBM 17" Icd monitor L170 55WRP18 IBM 15" Icd monitor L150 23ALX54 IBM 15" Icd monitor L150 23ALW19 Hewlett Packard 18" monitor L1800 KR92905506 001459 Hewlett Packard 15" Icd monitor L1520 TW13760827 IBM 15" Icd Monitor L150 V1D5804 Hewlett Packard 15" Icd monitor L1520 TW13965895 IBM 15" Icd monitor L150 V1D6049 IBM 15" Icd monitor L150 V1D5807 IBM 15" Icd monitor L150 23Y6538 IBM 15" Icd monitor L150 V1D5836 IBM Think Centre 8189-4730 KCFROYP 000814 IBM Think Centre 8189-4730 KCNB6MA 000848 IBM Think Centre 8189-4730 ' KCKV3YK 000817 Micron 500VX YA009933147533 Hewlett Packard SureStore Backup DAT 24x6 DE00735667 002723 Hewlett Packard SureStore Backup DAT 24x6 6800102533 IBM Server xSeries 350 78-L7920 002341 IBM Server xSeries 350 23F1177 002218 Hewlett Packard Printer Deskjet 1220C SG32L1313P 003043 IBM R51 Laptop 2888-5RU 99-60525 000667 IBM R51 Laptop 2888-5RU 99-60756 000676 IBM R51 Laptop 2888-5RU 99-60377 000669 IBM R51 Laptop 2888-5RU 99-60406 000671 IBM R51 Laptop 2888-5RU 99-60590 000670 P199 Page 6 Surpkis StaiFReportOcbober'1,2009 Compaq IPAO Pocket PC 3830 46250W32J03X Compaq IPAO Pocket PC 3830 4G250W32JOME 002898 omega CD Writer/CDRW 38402EXT2-8 4PCD0706GG 003028 Lite On It Corp CD-Rom SHD16PiS40C 015707410604 Hewlett Packard DeskJet 350 C2697-60015 MY08N11J8M 002235 Hewlett Packard Scanjet 52000 C7190 SG954172RM 22037 H P HP DeskJet 895 Ink Jet Printer MY9451 8173 1552 Micro Micro Desktop P.C. indows 98 TRAKS 1841157 1550 HP DeskJet 952C Printer MYOC7162SY 2241 HP DeskJet 952C Printer MYOC7162T8 2243 HP 17" CRT Monitor D2837 KR81862074 Hewlett Packard DeskJet, Ink Jet Printer 895 MY94516173 1552 Pioneer Laser Usion Player LD-V2200 MK3964326 Epson Stylus C84 Printer FBLY756192 Epson Stylus Photo R300 Printer FK(K321127 IBM ThinkCentre P.C. MTM8189EIU KCBY2W6 000969 APC Smart UPS 600 S94032187 APC Smart UPS 600 W910117742 APC Smart UPS 900 S940320922351 APC Smart UPS 700 NS0005342109 22086 APC Smart UPS 1400 AS0146112714 APC Smart UPS 1000 AS0211212473 APC Smart UPS 5c 1500 3S0602Y06329 APC Smart UPS 700RM AS0024110084 APC Smart UPS 600 S94032168527 001402 APC SC 450 MIU 350621X06318 STAFF REPORT COMMUNITY SERVICES DEPARTMENT Date: October 7, 2009 RANCHO To: Mayor and Members of the City Council CUCAMONGA Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director Subject: APPROVAL TO APPROPRIATE $205,000 INTO ACCOUNT NO. 1615303-5300 (CFD 2003-01 CULTURAL CENTER) FROM CFD 2003-01 FUND BALANCE, FOR ADDITIONAL SiGNAGE AND LIGHTING IMPROVEMENTS AND FUTURE COURTYARD VIDEO CAPABILITIES AT THE VICTORIA GARDENS CULTURAL CENTER RECOMMENDATION It is recommended that the City Council approve the appropriation of $205,000 into Account No. 1615303-5300 (CFD 2003-01 Cultural Center) from CFD 2003-01 fund balance, for additional signage and lighting improvements and future Courtyard video capabilities at the Victoria Gardens Guttural Center. BACKGROUND This action by the City Council will appropriate the current fund balance within the CFD 2003- 01 Cultural Center Fund for the enhancement of existing signage and outdoor lighting at the facility, as well as the design for future video capabilities within the Cultural Center Courtyard. Based upon patron surveys and suggestions, staff has identified the need to enhance directional and informational signage in and around the Cultural Center to maximize guest satisfaction. This will include expanded directional signage leading to the Cultural Center from the parking structures and from Cultural Center Drive. Additional signage will also be incorporated near the entry areas to the Cultural Center specifically highlighting the Lewis Family Playhouse, Biane Library and Celebration Hall facilities within the Cultural Center. This funding will also allow for the enhancement of outdoor activity lighting in the Cultural Center's Imagination Courtyard. Due to the extremely heavy use of the Cultural Center facilities on a year round basis, staff has identified the need for additional lighting to accommodate the many activities and large crowds which are attracted to the Courtyard, as well as to make the Courtyard even more inviting for shopping center patrons walking by the facility. A significant need has also been identified for the development of a vibrant and eye-catching video screen component for the Courtyard, which will assist in marketing all the exciting programs taking place at the Center, and create revenue opportunities through the creation of expanded sponsorships. Approval of this appropriation will permit staff to develop a conceptual video sig9iage design for when construction funding becomes available in the future. P200 Kevin T\AoAi-dle`~ Community Services Director P201 STAFF REPORT ~._ PLANNING DEPARTMENT 12ANCHo C,UCAMONGA Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP Planning Director By: Thomas Grahn, Associate Planner Subject: AMENDMENT TO THE 2009-2010 ENERGY EFFICIENCY AND CONSERVATION STRATEGY DRC2009-00386R - CITY OF RANCHO CUCAMONGA - A REQUEST TO APPROPRIATE $1,597,700 INTO ACCOUNT NUMBER 1215000.4740 GRANT INCOME AND TO APPROPRIATE FUNDING TO FOUR ACTIVITIES FUNDED THROUGH THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM INCLUDING $1,367,760 TO THE CIVIC CENTER HVAC PHASE 1 PROGRAM ACCOUNT NUMBER 12153145650/1747215-0, $111,100 TO THE HOME IMPROVEMENT REVOLVING LOAN PROGRAM ACCOUNT NUMBER 12153145650/1748215-0, $63,330 TO THE ENERGY EFFICIENT PROGRAM ACCOUNT NUMBER 12153145650/1749215-0, AND $55,510 TO THE ENERGY EFFICIENCY COORDINATION PROGRAM ACCOUNT NUMBER 1 21 531 45 6 50/1 75021 5-0. RECOMMENDATION: That the City Council authorize the appropriation $1,597,700 for implementation of the City's Energy Efficiency and Conservation Strategy ("EEGs") funded from Energy Efficiency and Conservation Block Grant ("EECBG") program income. BACKGROUND: The American Recovery and Reinvestment Act of 2009 appropriates funding to the U.S. Department of Energy ("DOE") to issue/award formula-based grants under the EECBG program. The stated purposes of the EECBG program are to assist eligible entities in creating and implementing strategies to 1) reduce fossil fuel emissions, 2) reduce the total energy use, and 3) improve energy efficiency. Cities have wide latitude to develop a variety of projects provided that all projects meet EECBG guidelines. On June 3, 2009, the City Council approved the City's EECS (DRC2009-00386) for the use of EECBG funds. ANALYSIS: The City's EECS includes the following activities: Civic Center Phase I -Replacement of HVAC Controls: Replacement of the existing 19 year old variable air volume boxes and HVAC control system with an advanced digital air controlled system for City Hall and the Police Department buildings. This action appropriates $1,367,760 to Account Number 1 21 531 45650/1 74721 5-0 to implement this program. P202 EECBG APPROPRIATION CITY COUNCIL STAFF REPORT DRC2009-00386R - CITY OF RANCHO CUCAMONGA October 7, 2009 Page 2 2. Home Improvement Program Enerqv Efficiencv Revolving Loan: Establish a residential revolving loan program to encourage and fund energy saving projects for low-income homeowners. This action appropriates $111,100 to Account Number 1 21 531 45650/1 7482 1 5-0 to implement this program. 3. Enerqv Efficient Appliances. Electrical, and Mechanical Equipment Program: Includes establishing a program to encourage homeowners to install energy efficient appliances and other mechanical and electrical equipment and providing training and Green Building certification for two Building and Safety Inspectors. This action appropriates $63,330 to Account Number 1 2 1 531 45650/1 74921 5-0 to implement this program. 4. Enerqv Efficiencv Coordinator: Partially fund an existing staff member to serve as the Energy Efficiency Coordinator to oversee the City's efforts to reduce energy consumption and conduct a public outreach campaign to promote energy efficiency. This action appropriates $55,510 to Account Number 12153145650!1750215-0 to implement this program. A fifth program, EECBG Administration, was deleted at the request of the DOE and funds were incorporated into each of the remaining four activities so that the administration of this grant was not identified as a separate activity but will be conducted as the activities are implemented. Respectfully submitted, ~~ ~~~ Ja R. Troyer, AICP Planning Director JT:TG/ge P203 STAFF REPORT PLANNING DEPARTMENT , RANCHO CUCAMONGA Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP Planning Director By: Thomas Grahn, Associate Planner Subject: AMENDMENT TO THE 2009-2010 ANNUAL ACTION PLAN - DRC2009-0022TA -CITY OF RANCHO CUCAMONGA - A REQUEST TO APPROPRIATE ADDITIONAL FUNDING TO FOUR ACTIVITIES FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT. (CDBG) PROGRAM INCLUDING AN ADDITIONAL $3,000 TO THE OLDTIMERS FOUNDATION SENIOR NUTRITION PROGRAM ACCOUNT NUMBER 12043145650/1183204-0, $1,120 TO CAMP FIRE USA ACCOUNT NUMBER 12043145656/1334204.0, $1,560 TO CDBG ADMINISTRATION ACCOUNT NUMBER 12043145650/1228204.0, AND $20,588 TO THE HOME IMPROVEMENT PROGRAM ACCOUNT NUMBER 12043145650/1230204-0, AND TO REDUCE THE APPROPRIATION BY $18,460 TO THE CALLE VEJAR STREET IMPROVEMENT (CONSTRUCTION) PROGRAM ACCOUNT NUMBER 12043145650/1602204-0 RESULTING IN A NET FUNDING INCREASE OF $7,808 FUNDED FROM CDBG REVENUE FUNDS. RECOMMENDATION That the City Council authorize the appropriation of an additional $7,808 for implementation of the City's 2009 Annual Action Plan funded from the Community Development Btock Grant ("CDBG") revenue funds. BACKGROUND CDBG funds are provided by the U.S. Department of Housing and Urban Development ("HUD") based on a formula that considers census data, extent of poverty, and age of the housing stock. Based upon this formula, the City will receive a grant allocation of $1,020,958, which is an increase of $7,808 over current year program funding. On July 1, 2009, the City Council approved a Substantial Amendment to the 2009-2010 Annual Action Plan (DRC2009-00227A), to appropriate an additional $7,808 to four activities funded through the CDBG program. ANALYSIS This additional CDBG appropriation inc-udes the following activities: P204 CDBG APPROPRIATIONS CITY COUNCIL STAFF REPORT DRC2009-00227A - CITY OF RANCHO CUCAMONGA October 7, 2009 Page 2 Activity Initial Funding Proposed Funding Difference CDBG Administration $202,630 $204,190 $1,560 Home Improvement $388,460 $390,588 $2,128 Oldtimers Senior Nutrition $8,270 $11,270 $3,000 Camp Fire USA $6,520. $7,640 $1,120 Total $7,808 Funding for the City's Home Improvement Program, shown above, includes $18,460, transferred from the Celle Vejar Street Improvement activity. These funds were transferred from Celle Vejar because of the availability of CDBG-R funds (approved at the June 3, 2009, City Council meeting), which provided sufficient funding for the completion of that activity. The Catle Vejar activity includes $381,590 in CDBG funds and $247,685 in CDBG-R funds providing an activity total of $629,275. Respectfully submitted, l.$~ . ~ C~~~ 1 Jam R. Troyer, AICP Planning Director JT:TG/ds STAFF REPORT PLANNING DEPARTMENT RANCHO C,UCAMONGA Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Thomas Grahn, Associate Planner Subject: AMENDMENT TO THE 2008.2009 CDBG-R SUBSTANTIAL AMENDMENT - DRC2009-00217A -CITY OF RANCHO CUCAMONGA - A REQUEST TO APPROPRIATE FUNDING TO THREE ACTIVITIES FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT -RECOVERY (CDBG•R) PROGRAM INCLUDING 527,510 TO CDBG-R ADMINISTRATION ACCOUNT NUMBER 12043145650/1751204-0, 520,302 TO THE CDBG-R CALLE VEJAR STREET IMPROVEMENT (DESIGN} PROGRAM ACCOUNT NUMBER ' 1204314565011328204.0, AND 5227,383 TO THE CDBG-R CALLE VEJAR STREET IMPROVEMENT (CONSTRUCTION) PROGRAM ACCOUNT • NUMBER 1204314565011340204-0 RESULTING IN A NET FUNDING INCREASE OF 5275,195 FUNDED FROM CDBG-R REVENUE FUNDS. RECOMMENDATION That the City Council authorize the appropriation of $275,195 for implementation of the City's Substantial Amendment to the 2008-2009 Annual Action Plan funded from Community Development Block Grant -Recovery ("CDBG-R") revenue funds. BACKGROUND The American Recovery and Reinvestment Act of 2009 appropriates $1 billion to carry out the CDBG program under Title I of the Housing and Communiiy Development Act of 1974 on an expedited basis. Funds were distributed to grantees that received funding in Fiscal Year 2008 as Community Development Block Grant - Recovery ("CDBG-R") funding, a supplemental allocation to the City's 2008 regular CDBG allocation, which is a formula 'allocation based on 27 percent of the City's 2008 CDBG allocation. The CDBG-R allocation is to be treated as a Substantial Amendment to the City's 2008-2009 Annual Action Plan and must be utilized for programs or projects which meet the goats and objectives of the City's Consolidated Plan and the legislative intent of the Recovery Act. On June 3, 2009, the City Council approved the CDBG-R Substantial Amendment to the 2008-2009 Annual Action Plan (DRC2009-00217R) for the use of CDBG-R funds. ANALYSIS P205 CDBG-R funds will be utilized for the following activities: P206 CDBG-R APPROPRIATION CITY COUNCIL STAFF REPORT DRC2008-00217R - CITY OF RANCHO CUCAMONGA October 7, 2009 Page 2 CDBG-R Calle Veiar Street Improvements: This activity includes both the design and construction of street improvements for Calle Vejar from Hellman Avenue to Avenida Leon and Avenida Leon from Arcow Route to 150 feet north of Calle Vejar. This action appropriates $20,302 to the CDBG-R Calle Vejar Street Improvement (Design) Program Account Number 1204314565011328204-0 and $227,383 to the CDBG-R Calle Vejar Street Improvement (Construction) Program Account Number 1 2 04 31 4 56 50/1 34020 4-0. 2. CDBG-R Administration: This activity will provide the administrative capacity to implement the CDBG-R funding. This action appropriates $27,510 to Account Number 12043145650/1751204-0 to implement this activity. Respectfully submitted,~j~,~ ~~_ _ Jam R. Troyer, AICP Planning Director JT:TG/msa STAFF REPORT PUBLIC WORKS SERVICES DEPAR7'MENr jtelvcHo Date: October 7, 2009 CucA>vtoxcn To: Mayer and Members of the City Coundl Jack Lam, AICP, City Manager From: William Wittkopf, Public Works Services Director By: Emest Ruiz, Streets, Storm Drains and Fleet Superirrtenderrt Kerr Hinojos, Senior Buyer Subject: AUTHORIZE THE RETROFIT OF FOUR (4) DIESEL EXHAUST SYSTEMS REQUIRED BY THE CALIFORNIA AIR RESOURCES BOARD (GARB} TO BE COMPLETED BY IRONMAN UTILIZING THE CITY OF NATIONAL CITY'S COUNCIL RESOLUTION FOR BID #GS0809-11N THE AMOUNT OF 559,040.70 TO BE FUNDED FROM ACCOUNT NUMBER 1105208-5300 (AB2788 AIR QUALITY IMPROVEMENT) TO BE USED BY THE PUBLIC WORKS TREE AND STREET SECTIONS P207 It is recommended that the City Council authorize the rotroflt of four (4} diesel e~dtaust systems required by the California Air Resources Board (GARB} to be completed by Ironman utilizing the City of Nadortal City's Coundl Resolution for Bid ~GS0809-1 in tht amount of 558,040.74 to be funded frcxn acc~urtt number 1105208-5300 (A82788 Air Quality Improvement} to be used by the Public Works Tree and Street Sections. BACKGROUNDlANALYSIS The City of Rands Cucanwnga is mandated to comply with Calrfortlia Air Resource Board (GARB) Title 13, California Code of Regulations, Sediort' 2022.1 which requ'"Ices public agendas and utilities to replace, repower or rotrofit the diesel powered fleet by January 1, 2010. Currently, 8096 of the City's fleet has been ropleced with Compressed Natural Gas ('CNG~ powered vehides or roUofdted wMh GARB-approved paniculale iNter traps. Thera are four diesel vehides remaining in the Meet that do not meet the GARB mandate. It has been determined that retrofltfkrg these vehicles is the most cost etfedive method to bring the fleet into 100% compGan~. Vehicle Unit * City Department/ Sedan 1516--GrappfNgann Truck PWSD~7rees 1517-Aariai Truck PYVSD-Trees 1840-DumpTrudc PYVSD-Stroe4a 10508-ChipperTnrck PWSD-Trees The Public Works Services Department provided a Resolution for Bid from the City of National CRy that was competAively bid and awarded to Ironman. The Ctly of National City is wlMing to emend this cooperative purchase to other public agendas. In rovlewirg the documents provWed by the Gary of Nrr6onai City, the Fleet Supervisor, Str+eels Superintendent and Purchasing Staff have detemNned that utfAzing the Gity of National Ciry's Resolution for Bid #650809.1 to be the most advantageous method of procuroment. AN related documentation is on flle in the Purchasing Department. uNy tlted, William W1WcopF Public Works Services Dirodor WW:ER:sm P208 STAFF REPORT ENGINEERING DEPdRTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager . From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer RANCHO C',UCAMONGA Subject: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAWTENANCE DISTRICT NO. 4 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 18710, LOCATED ON THE NORTH SIDE OF CHURCH STREET, EAST OF MILLIKEN AVENUE, SUBMITTED BY HOMECOMING I AT TERRA VISTA LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract Map 18710, accepting the subject agreement, securities, monumentation cash deposit and ordering the annexation to Landscape Maintenance District, No. 4 and Street Light Maintenance District Nos. 1 and 4 for Tract Map 18710 and authorizing the Mayor to sign said agreements and authorizing the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract Map 18710, located on the north side of Church Street, east of Milliken Avenue, within the Medium-High Residential District (14-24 dwelling units per acre), was approved by the Planning Commission on January 14, 2009. This project is for a subdivision of 20,69 acres of land into two numbered lots (Lots 1 and 2) with 241 units for condominium purposes on Lot 1. The Developer, Homecoming I at Terra Vista, LLC, is submitting agreement, securities and monumentation cash deposit to guarantee the construction of the public street improvements in the following amounts: Faithful Performance Bond $46,100.00 Labor and Material Bond $46,100.00 Monumentation Cash Deposit $2,500.00 Copies of the agreement and securities are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on fate in the City Clerk's Office. Respectfully submitted, ar er Director of Engineering Services/City Engineer MAS:WAV/akt P209 J City of Rancho Cucamonga Engineering Division Vicinity Map r ITE ~~ r ~ ~~J~ ~~ f I1r~J~t B(3lMEYARD N W E S PRASE' item: TiPAG`,~' /87/0 Title: 1lIC/N/TY M~ ~. P210 RESOLUTION NO. D9- I Sf'o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 18710 IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Tract Map 18710, submitted by Homecoming I ai Terra Vista, LLC and consisting of a subdivision of 20.69 acres of land into 241 condominium units, located on the north side of Church Street, east of Milliken Avenue, in the Medium-High Residential District (14-24 dwelling units per acre), was approved by the Planning Commission of the City of Rancho Cucamonga on January 14, 2009; and WHEREAS, Tract Map 18710 is the final map of the division of land approved as shown on the Tentative Tract Map; and WHEREAS, all the requirements established as prerequisite to approval of the installation of public street improvements by the City Council of said City have now been met by posting the Improvement Securities and monumentation cash deposit by Homecoming I at Terra Vista, LLC, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement, Improvement Securities and Monumentation Cash Deposit submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and that said Tract Map 18710 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. P211 RESOLUTION NO. O9'-~ D / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 18710 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No.4, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions' of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide forlhe levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory fo the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and P212 RESOLUTION NO. ' TRACT 1$710 - HOMECOMING I AT TERRA VISTA, LLC October 7, 2009 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correcf. SECTION 2: The City Council hereby finds and determines that; a. The annual assessments proposed to be levied on each parcel in the Territory, do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. P213 Exhibit A ~ Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Homecoming I at Terra Vista, LLC The legal description of the Property is: SEE ATTACHED EXHIBIT The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 P214 Order No.: 930014744-U50 LEGAL DESCRIPTION DIVISION I: BEING PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE NO. 572, IN THE CITY OF RANCHO CUCAMONGA, COUNTX OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED MARCH 18, 2004, AS INSTRUMENT N0.2004-0186721- IN OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH A PORTION OF LOT "A" AND LOT 4 OF TRACT MAP NO. 16157, PER MAP FILED IN BOOK 296. PAGES 3 'rrF>RmOUGH 6 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF CHURCH STREET AND MALAGA DRIVE AS SHOWN ON SAID TRACT MAP NO. I6157; THENCE, ALONG THE CENTERLINE OF CHURCH STREET, SOUTH 37° 1T 30" WEST 235.46 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HATING A RADIUS OF 1030.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13° 03' 44", AN ARC LENG'I~ OF 234.82 FEET; THENCE,-LEAVING SAID CENTERLINE AND RADIAL TO SAID CURVE, NORTH 39° 38' 46" WEST 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF CHURCH STREET, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;, THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 52° 32' S6" WEST 254.22 FEET; THENCE NORTH 37° 2T 04" EAST 11.34 FEET; THENCE NORTH 52° 32' S6" WEST 484.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIDS OF 450.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89° 29' 26", AN ARC LENGTH OF 702.86 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE, ALONG .SAID NORTHEASTERLY LINE AND NORTHWESTERLY LINE OF SAID LOT 4 THE FOLLOWING COURSE; NORTH 52° 32' S6" WEST 216.17 FEET; SOUTH 58° 4T 02" WEST 264.91 FEET; SOUTH 69° 50' 26" WEST 168.87 FEET; SOUTH 20° 24' 31" WEST 477.05 FEET; THENCE SOUTH 11° 56' 39" EAST 45.48 FEET TO A POINT ON THE NORTHERLX LINE OF SAID LOT "A' ;THENCE, ALONG SAID NORTHERLY LINE, SOUTH 78° 03' 21" WEST 45.00 FEET TO THE MOST NORTHERLY CORNER OF LOT 2 OF TRACT MAP NO. 16512, PER MAP FILED IN BOOK 300, PAGES 47 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, SOUTH 56° 56' 39" EAST 62.77 FEET; THENCE SOUTH 62° 33' 32" EAST 442.52 FEET TO A POINT ON THE EASTERLY LINE OF SAID TRACT MAP NO. 16512; THENCE, ALONG SAID EASTERLY LINE, SOUTH I1° 56' 39" EAST 591.61 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHURCH STREET; THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 78° 03' 21" EAST 282.53 FEET TO THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADICIS OF 24.00 FEET, TO SAID POINT A RADIAL LINE BEARS SOUTH 53° 21' 14" EAST; THENCE, NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 52° Ol' 33 ", AN ARC LENGTH OF 21.79 FEET; THENCE NORTH 74° 3T 13" EAST 66.00 FEET; CLTA Preliminary Report Form -Modified (I 1-17-06) Page 3 P215 Order No.: 930014744-U50 LEGAL DESCRIPTION (continued) THENCE SOUTH 15° 22' 47" EAST 6.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45° 09' 17", AN ARC LENGTH OF 18.91 FEET; THENCE NORTH 78° 03' 31"EAST 77.85 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 980.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27° 42' 07", AN ARC LENGTH OF 473.82 FEET TO THE TRUE POINT OF BEGINNING. NOTE: SAID LAND IS ALSO SHOWN AS PARCEL "A" TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 622 FOR LOT LINE ADJTJSTMENT RECORDED APRIL 12, 2006 AS INSTRUMENT N0.2006-249503, OFFICIAL, RECORDS. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS GRANTED TO WESTERN SUPPLY CORP. BY DEED RECORDED SEPTEMBER 17, 19791N BOOK 9772. PAGE 1262 OF SAID OFFICIAL RECORDS. (APN: 0227-532-16) END OF LEGAL DESCRIPTION CLTA Preliminary Report Form -Modified (11.17-06) Page 4 EXHIBIT "A" - Z P216 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 _~ ~ .. - n SITE r r''r~l ~r r~r~~-~,.~r FOOTHILL BOULEVARD ~"J~~E' CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO . STATE OF CALIFORNIA W ~~- 4 NOIiTI l TR/87/0 P217 Exhibit B To Description of the District Improvements Fiscal Year 2009 / 2010 LANDSCAPE MAINTENANCE DISTRICT N0.4 (Terra Vista Planned Community): Landscape Maintenance District No. 4 (LMD #4) represents landscape sites throughout the Terra Vista Planned Community. These sites are considered to be associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites in Terra Vista that are maintained by the district consist of parkways, median islands, street trees, paseos and parks. The 36.23 acres of park consist of Coyote Canyon Park, Milliken Park and West Greenway Park. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial Streets): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 4 (Terra Vista Planned Community): Street Light Maintenance District No. 4 (SLD #4) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Terra Vista Planned Community. Generally, this area encompasses the residential area of the City east of Haven Avenue, south of Base Line Road, north of Foothill Boulevard and west of Rochester Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion ' thereof) on local streets within the Terra Vista Planned Community. Proposed additions to Work Program (Fiscal Year 2009 / 2010) For Project: Tract Map 18710 Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 4 --- -- -- 18 'Existing items installed with original project Assessment Units by District Parcel DU S1 S4 L4 1 241 482 482 241 2 80 160 160 80 B-1 SLD # 4 --- -- --- --- --- P218 Exhibit C Proposed Annual Assessment Fiscal Year 2009 / 2010 LANDSCAPE MAINTENANCE DISTRICT NO.4 (Terra Vista Planned Community): The rate per assessment unit (A.U.) will not be increased in fiscal year 2009/2010. The following table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista Planned Community): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type ' Units Units Factor Units Unit Revenue Single parcel Family 2653 1.0 2653 $252.50 $669,882.50 Multi-Family Unit 3492 1.0 3492 $222.00 $775,224.00 Senior Unit 216 1.0 216 $148.36 $32,045.76 Housing Commercial Acre 229 1.0 229 $382.99 $87,704.71 TOTAL $1,564,856.97 The Proposed Annual Assessment against the Property (TR18710) is: Parcel 1 241 Units x 1 A.U. Factor x $222.00 Rate Per A.U. _ $53,502.00 Annual Assessment Parcel 2 80 Units (existing) x 1 A.U. Factor x $222.00 Rate Per A.U. _ $17,760.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (Arterial Streets): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2009/2010. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family parcel 23,640 1.00 23,640 $17.77 $420,082.80 Multi-Family Unit 11,154 1.00 11,154 $17.77 $198,206.58 Commercial Acre 2985.85 2.00 5971.70 $17.77 $106,117.10 TOTAL $724,406.48 C-1 P219 The Proposed Annual Assessment against the Property (TR18710) is Parcel 1 241 Units x 1 A.U. Factor x $17.77 Rate Per A.U. =$4,282.57 Annual Assessment Parcel 2 80 Units (existing) x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,421.60 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT N0.4(Terra vista Planned Community): The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2009/2010. The following table summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista Planned Community): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family parcel 2653 1.00 2653 $28.96 $76,830.88 Multi- Family Unit 6087 0.5 3043.5 $28.96 $88,139.76 Commercial Acre 229 2.00 458 $28.96 $13,263.68 TOTAL $178,234.32 The Proposed Annual Assessment against the Property (TR18710) is: Parcel 1 241 Units x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $3,489.68 Annual Assessment Parcel 2 80 Units (existing) x 0.5 A.U. Factor x $17.77 Rate Per A.U. _ $1,158.40 Annual Assessment C-2 P220 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR TRACT 18710 LANDSCAPE MAINTENANCE DISTRICT NO. 4 STREET LIGHTING MAINTENANCE DISTRICT N0.1 AND STREET LIGHTING MAINTENANCE DISTRICT N0.4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA MARK A. STEUER, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 7'" day of October, 2009, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been ,signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 7`h day of October 2009, at Rancho Cucamonga, California. euer, Director of Engineering Services/City Engineer CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA P221 STAFF REPQRT ENGINEERING SERVICES DEPARTMENT 1 RANCHO Date: October 7, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jon A. Gillespie, Traffic Engineer -~~~ Shelley Hayes, Assistant Engineer5}(- Subject: ACCEPT THE BIDS RECEIVED ANO AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $161,526.00, TO THE APPARENT LOW BIDDER, CALIFORNIA PROFESSIONAL ENGINEERING, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $16,152.60, FOR THE INSTALLATION OF TRAFFIC SIGNAL AT 19TH STREET AND JASPER STREET TO BE FUNDED FROM LIGHTING DISTRICT #1/ARTERIAL STREETS FUNDS, ACCOUNT NO. 1151303-5650/1736151-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $161,526.00, to the apparent tow bidder, California Professional Engineering, Inc., and authorize the expenditure of a 10% contingency in the amount of $16,152.60, for the Installation of Traffic Signal at 191h Street and Jasper Street to be funded from Lighting District #1/Arterial Streets Funds, Account No. 1151303-565011736151-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on August 25, 2009, for the subject project. The Engineer's estimate for the base bid was $240,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. The scope of work consists of removal and salvaging the existing flashing beacons, furnish and install traffic signals and safety lighting, modify signing and striping, clearing and grubbing, construct AC dike, AC pavement and sidewalk. The contract documents call for ninety (90) working days to complete this construction. Respectfully submitted, .r...- Mar A. Steuer Director of Engineering Services/City Engineer MAS/JAG/SH:Is Attachments P222 r ~ ~z C3 E z w o a ~ ~ ~ a o ~~ z ~ d a ~ W o a ~ F $ ° pp.~ ai E' ~ o N ~ N j H N ~ V ~ u ~D y w z ~ ~, ;? M F ~ b 0 az ~ F ~ U Z P ~ W ~ o o p G z ~ c ~ o ~ ~ F y "~ V! AC $ m o ~ U `D ,v C ~ 'a' ti ~ ~ ~ N ti ~ ~oz d d. :° ~ ~~~ a W rc a ~a~ a ~ ~F c ~ "' ~ a } U - ~o O O C w a E., 7 O O 0 C 0 ~ o mo ~ g y W ~ cs ~ ~ y - a g W o L F oFi O ~ ~ U ~ W N o E' ~ N N ~ H F ~ C E" ~ ~ y ~ W h C. ~ ~ [~ QO ~ ~ ~+ ~ z W C O , w c ~' E a W ~ ~ y Z C w ~ m E'A O ~ ~' ~ ~ U ~a 0 d W A H } C a. H v r 0 L ra a .. s~ ' J ~ a~ ~' o a ~ d a 9 F m ~ ~ o 8 $ 7 v U ~ ~ a ~ ~ .. n ~ ~ ° p q o O ~ O v P U a w g S a ~ ~ ~ a ~ w= c~ m VFi g ~'~ m rn ~ U ? ~ ono U g O F Z '~ a N p ni ~ ~ ~ a s N Q r ~ 7 a ~ F r j ~ "J H O O O C E. 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J ~ d a '~ F m `~ ~ O ~+ g O w F C Q ' 5 6 w z Vq X0 1 y ~ N n N U i `? + ~ !yf ~ ~ W O O a L Ol 8 ~' ( id v ~ ~ o 0 R g O ° y W ~ . . ~ ~ a F o W ~ F Q0Q a 'i U S p D . -~ o ~ O G ~ G N C7 ~ V ~ O ti d 6 ~ ~ ~ b n ~ ~ o ~ ~WU ~ ~ ~ ~ i ~ U N 0 ~ m ~ ~ O N W ~ a ° ~ o a ~~ ° x ~ 7 G O N F ~ O~ N N ~ ~ w .~ .5 ~ ~ C C~ F m E ~ Vj C ~ ~ U C o ep w ~ ~ ~ ~ ~ c E ~ h O '~ ~ F A ~ ~ ~ ~ p U ~ d w ro F u O A W ~ F C ~ ~ N J a d F ti L 0 O ~ o C M l0 `J~ ~D ~D ~ O ~ H U 5 ^ N w ` N ER b °b ° o U av e o i ~D ~ U ~ N F o, v o ~ C cC N N N F ~ ~ a haw G~ ~W ~'C G7 F m E V, ~ V] G ~ . ~ O w w a ~ ~ W W rq ~ ~ 5 O C w _m m rA ~ ~~' 0 Q U ~ .O wzH ~ ~~ ~ . O ( ~ O F U WW y d F Z z Q~ ~ 7 ~ 07 ~ , ~ A F m ~ ~ ~ P224 N P225 STAFF REPORT. RANCHO CUCAMONGA PUBLIC LIBRARY Date: October 7, 2009 To: Honorable Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Robert Karatsu, Library Director Subject: RANGAO C,UCAMONGA RECOMMENDATION It is recommended that the City Council approve the Professional Services Agreement with Gyroscope, Inc, of Oakland, California, for additional scope of work, funded by a grant from the California State Library, for continuation of the Rancho KIDS project in an ampunt not to exceed $50,000, plus a 15% contingency in the amount of $7,500 to be funded by an appropriation from Account No. 1302601-5300. BACKGROUND In October 2008, the Library was awarded a grant by the California State Library to conduct a feasibility study for "Rancho KIDS", a project for the unimproved 14,000 sq. ft. on the second floor of the Paul A. Biane Library. Gyroscope, Inc. of Oakland, California, an internationally-recognized company in the area of emerging museum design with over 19 years of experience in the field, was awarded the initial contract to conduct the feasibility study. Their work on the feasibility study was endorsed by the California State Library, and because of this, the State Library awarded the Library another $45,000 to continue work on the Rancho KIDS program. (The $45,000 awarded by the State Library was matched by the Library Foundation.) Rancho KIDS, Phase II will consists of designing and fabricating small scale interactive exhibits that are commonly found in children's museums. The Library intends to "blend" these interactive exhibits with the best of "traditional" library services (i.e. books, story time programs) as a proof of concept to verify that the survey data from the Rancho KIDS feasibility study is indeed valid, and is the basis for the expansion of the second floor of the Paul A. Biane Library at Victoria Gardens. FISCAL IMPACT No negative impact. No Library or General funds required to accept these grant funds. Respectfully submitted, 1 ~"'~c~,," ' " Robert Karatsu Library Director '*~ P226 co~_ ova AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into this 7th day of ctober 2009, by and between the City ofRancho Cucamonga, amunicipal corporation ("CITY") and Gyroscope, Inc. ("CONTRACTOR"). Recitals A. CITY has previously issued contract to CONTRACTOR. A copy of the contract is attached hereto as Exhibit "A" and is hereby incorporated by reference and whereas said contract term is amended to include the additional scope of work mentioned herein.. B. At CITY'S request, CONTRACTOR has submitted proposal for additional scope of work in continuation to what was performed in Exhibit A. A copy of the scope of work proposal to continue services is attached hereto as Exhibit "B" and is hereby incorporated by reference. C. CONTRACTOR represents that it is fully qualified to perform such services by virtue of CONTRACTOR'S experience and the training, education and expertise, and that of CONTRACTOR'S principals and employees. CONTRACTOR furtherrepresents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. D. CONTRACTOR and CITY desire to enter into this Agreement in order to set forth all applicable terms and conditions governing CONTRACTOR'S provision of services. Agreement NOW, THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: 1. CONTRACTOR'S SERVICES A. Scope of Services. CONTRACTOR shall perform the Scope of Services identified in Exhibit "B", and as described in the Schedule of Performance attached hereto as Exhibit "C" and hereby incorporated by reference. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendment, signed by both parties, to this Agreement. B. Schedule of Performance. CONTRACTOR shall commence the services within the times set forth in Exhibit "C." 832468-1 Page 1 of 13 P227 C. Standazd of Performance. CONTRACTOR shall perform all work to the highest professional standazds and in a manner reasonably satisfactory to CTTY. CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. D. Personnel. CONTRACTOR shall personallyperform and/or supervise performance of the services required under this Agreement and all persons assisting CONTRACTOR shall be qualified to assist in the performance of such services. CONTRACTOR shall designate, and identify in writing to the CITY, a principal who shall have direct responsibility for management of CONTRACTOR'S services under this Agreement. E. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Rancho Cucamonga business license. 2. TERM OF AGREEMENT The term of this Agreement shall be effective as of the date of mutual execution. This Agreement shall follow the schedule as established in Exhibit "C". 3. COMPENSATION CITY agrees to compensate CONTRACTOR for the services provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services those amounts set forth in Exhibit "B" attached hereto and incorporated by reference herein. 4. METHOD OF PAYMENT CONTRACTOR shall submit to CITY an invoice, on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included on the invoice. Within thirty calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. Unless otherwise required by any taxing authority having jurisdiction over the CITY (see Section 9 D.), CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR. At anytime during regulaz working hours, all records, invoices, and other materials accounting the services shall be available for review and audit by CITY. Notwithstanding any other provision of this Agreement to the contrary, CITY shall be entitled to retain not less than twenty-five percent (25%) of any amount due monthly to CONTRACTOR, pending CONTRACTOR'S completion of any unfinished work and/or delivery of any outstanding receivables to CITY, in full compliance with this Agreement. - 832468-1 Page 2 of 13 P228 5. OWNERSHIP OF WORK PRODUCT AND TRANSFER OF ALL INTELLECTUAL PROPERTY RIGHTS Upon creation, all work product, including but not limited to, photographs, original writings, documents, work of visual art, work of authorship, images, fine art, designs, concepts, ideas, and any and all other work product produced pursuant to this Agreement, including all intellectual property rights arising therefrom, whether they azesub-components of a larger product, or a?e themselves the finished product (collectively, "Work Product"), shall each be considered a "Work Made for Hire", as that term is used in Title 17, U.S.C. § 101, and upon CITY'S payment to CONTRACTOR for the same, each will forever become property ofthe CITY. For purposes of this provision, Work Product includes, but is not limited to, graphic designs, treatments, and layouts; logo artwork; photographs; copy/text used in advertisements, newsletters, etc.; audio and video recordings; Internet web pages and a-mail communication products; signage; and any other creative work done in part, or in whole, for the CITY pursuant to this Agreement, including any and all copies, drafts, models, depictions, drawings, duplicates and preliminary versions of any of the CONTRACTOR'S Work Product. Upon payment by CITY for any delivered Work Product, such delivery shall be deemed to constitute a transfer to the CITY of all intellectual property rights of any nature whatsoever, and rights of reproduction as that term is defined in California Civil Code § 982, in the Work Product, including but not limited to the right to claim statutory copyright in CONTRACTOR'S Work Product and the right to-reproduce CONTRACTOR'S Work Product in any manner whatsoever, for commercial and non-commercial purposes. To the extent all rights and interest in all Work Product-are not otherwise effectively transferred by this provision, then upon payment by CITY for any delivered Work Product, all of the same rights and interests will be deemed assigned in their entirety to the CTI'I', and the CONTRACTOR shall thereafter retain absolutely no right or interest of any nature in any of the Work Product. If CONTRACTOR'S Work Product consists in whole or in part of"fine art", as defined in California Civil Code § 982, then upon payment by CTI'Y for such delivered Work Product, the CONTRACTOR shall be deemed to have waived, released and disclaimed any and all of CONTRACTOR'S rights, demands or claims with respect to the CITY, as may arise at any time and under any circumstances, under the Federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), California Civil Code § 986, the California Art Preservation Act (California Civil Code § 987, et seq.), and/or any other local, state, federal or international laws that convey rights of the same nature as those conveyed under any of the foregoing statutes, or that convey any other type of moral right protecting the integrity of works of art and/or intellectual property rights arising from their creation. The CONTRACTOR acknowledges and agrees that CITY, in its sale and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy any ofCONTRACTOR'S Work Product. Prior toanyproposeddestructionofCONTRACTOR'SWork Product consisting of fine art, a reasonable attempt shall be made to provide the CONTRACTOR with an opportunity to reclaim possession of CONTRACTOR'S fine art. The format for delivery of the final Work Product will be determined by the CTfY on a project-by- projectbasis, and may include receipt of original native files (if digitally produced), or some other 832468-1 Page 3 of 13 P229 format as the CITY may deem appropriate for its use. It is understood that any Work Product can be used for any CITY purpose by the CTTI', or any person or entity acting on CITY'S behalf, whether commercial or non-commercial in nature. To ensure an equitable working relationship with the CITY'S creative services CONTRACTOR, and notwithstanding the foregoing terms and conditions, the CITY may, by a sepazate writing, consent to the CONTRACTOR having the right to use some or all of the Work Product for limited purposes that may include promotional activities, and to serve as part of the CONTRACTOR'S professional portfolio. 6. INDEPENDENT CONTRACTOR CONTRACTOR will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONTRACTOR as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONTRACTOR. 7. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement aze deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally requiredr All CITY data shall be returned to CITY upon the termination of this Agreement. CONTRACTOR'S covenant under this section shall survive the termination of this Agreement. 8. CONFLICTS OF INTEREST CONTRACTOR hereby warrants that its employees and/or subcontractors presentlyhave no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with services to be performed hereunder. CONTRACTOR hereby warrants that no such person or entity shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. 9. INDEMNIFICATION A. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold free and harmless CITY,.its elected officials, officers, employees, agents and volunteers from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys fees incurred by CfTY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or aze connected with, in whole or in part, the acts or omissions of CONTRACTOR or any of 832468-1 Page 4 of 13 P230 CONTRACTOR'S officers, agents, employees or contractors in the performance oTthis Agreement, and which result in bodily injury, death or property damage, or financial loss to any individual or entity, including the employees or officials of CONTRACTOR. CONTRACTOR warrants that it possesses all rights to provide all of the Work Product required to be provided pursuant to this Agreement. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against all liabilities, claims, suits, actions, and expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or aze connected with, in whole or in part, a claim that all or any part of any Work Product provided to the CITY pursuant to this Agreement infringes upon any proprietary or commercial interest, or intellectual property right, including copyright, of any third party. B. CONTRACTOR'S obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation actor similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the CITY, its officers, agents, employees and volunteers. C. CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regazdless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR'S covenant under this section shall survive the termination ofthis Agreement. D. CONTRACTOR agrees to pay all required taxes as required by any federal, state, or local agency or jurisdiction as of the date of this contract on amounts paid to CONTRACTOR under this Agreement. Notwithstanding the foregoing, CONTRACTOR agrees that CTI'Y may withhold any percentage of the contract amount payable hereunder as required by any taxing agency having jurisdiction over the CITY, and pay the same to such taxing agency as _it may require. CONTRACTOR agrees that it shall indemnify and hold CITY harmless from any and all taxes, assessments, penalties, liabilities, and interest asserted against CITY byreason ofCONTRACTOR'S failure to pay any taxes, or as a result of CITY' S reliance on inaccurate, incorrect, false or misleading information provided to CITY by CONTRACTOR relating to any tax laws, regulations or requirements applicable to taxes owed by CONTRACTOR in connection with this Agreement. CONTRACTOR further agrees that it shall indemnify and hold CTI'Y harmless with respect to any and all claims, penalties and liabilities arising directly or indirectly from the independent contractor relationship created by this Agreement. CONTRACTOR shall fully comply with the workers' compensation laws regazding CONTRACTOR and CONTRACTOR'S employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount 832468-1 Page 5 of 13 P231 due to CITY from CONTRACTOR as a result of CONTRACTOR'S failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 10. INSURANCE A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for anypersonal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollazs ($1,000,000) per accident for bodily injury 2nd property damage. 3. Worker's Compensation insurance as required by the State of California. B. CONTRACTOR shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon. - E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY'S Risk,Manager a certificate or certificates of insurance, together with endorsements, showing that the insurance policies aze in effect in the required amounts. F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Ageement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, employees, agents and volunteers as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regazd to any notice provisions. 832468-1 Page 6 of 13 P232 Professional Errors and Omissions Liability -insuring against all liability arising out of professional errors andlor omissions, providing protection of at least $1,000.000 per claim and aggregate for errors andfor omissions ("malpractice") of CONSULTANT in the performance of this Agreement. Such policy maybe subject to a deductible or retention in an amount acceptable to CITY. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on CITY'S behalf until three (3) yeazs after the date the work or services aze accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) yeazs or by a three (3) yeaz extended reporting period endorsement which reinstates all limits for the extended reported period. If any 'such policy andtor policies have a retroactive date, that date shall be no later than the date of fast performance of work or services on behalf ofCTTY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standazd "Notice of Circumstances" provision. H. The insurance provided by CONTRACTOR shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR'S insurance and shall not contribute with it. , I. No insurance coverage provided pursuant to this Agreement shall prohibit CONTRACTOR, and CONTRACTOR'S employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONTRACTOR herebywaives all rights of subrogation against CITY. J. Any deductibles orself-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles orself-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guazanteeing payment of losses and expenses, unless otherwise agreed to in writing by CITY. K. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR'S liability or as full performance of CONTRACTOR'S duties to indemnify, hold harmless and defend under this Agreement. il. MUTUAL COOPERATION A. CITY shall provide CONTRACTOR with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONTRACTOR'S services. B. In the event any claim or action is brought against CITY relating to CONTRACTOR'S performance in connection with this Agreement, CONTRACTOR shall render any reasonable assistance that CITY may require. 832468-1 Page 7 of 13 P233 12. RECORDS AND INSPECTIONS CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of at least three (3) yeazs. CITY shall have access, without chazge, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 13. TERMINATION OF AGREEMENT A. Either party may terminate this Agreement for any reason or for no reason on thirty (30) calendaz days' prior written notice to the other. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. B. In the event of termination or cancellation of this Agreement by CTI;1', due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination, and CONTRACTOR shall deliver to CITY all Work Product. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement. 14. FORCE MAJEURE CONTRACTOR shall not be liable for any failure to perform if CONTRACTOR presents acceptable evidence, in CITY'S sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence, of CONTRACTOR. 15. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR'S and CITY'S regulaz business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, addressed as set forth below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: Attn: Robert Kazatsu Rancho Cucamonga Public Library 7368 Archibald Avenue Rancho Cucamonga, CA 91730 If to CONTRACTOR: Maeryta Medrano Gyroscope, Inc. 283 Fourth Street Oakland, CA 94607 832468-1 Page 8 of 13 P234 16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants aze employed, and that employees aze treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. PROHIBITION AGAINST ASSIGNMENT CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY'S prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. 18. ATTORNEY'S FEES In the event that CITY or CONTRACTOR commences any legal action or proceeding for breach, or to enforce or interpret the provisions of this Agreement, the prevailing. party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 19. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement aze hereby incorporated by reference into this Agreement. In the event of anymaterial discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements or representations aze binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONTRACTOR. 20. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any action shall be the Superior Court of the County of San Bernazdino. 21. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such amanner as to be valid under applicable law. If any provision of this Agreement, is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 832468-1 Page 9 of 13 P235 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF RANCHO CUCAMONGA CONTRACTOR 5~ o~d~ i~ Mayor By: Donald J. Kurth, M. D. Mayor City of Rancho Cucamonga 832468-1 Page 10 of 13 P236 EXHIBIT A PREVIOUS CONTRACT AND SCOPE OF SERVICES See attached 832468-1 Page 11 of 13 Co o q / ~ tP237 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into this 18th day of February, 2009 by and between the City of Rancho Cucamonga, a municipal corporation ("CITY") and Gyroscope, Inc. ("CONTRACTOR"). Recitals A. CITY has heretofore issued its Request for Proposal for the provision of creative design and communications services, as more fully described herein. A copy of the RFP is attached hereto as Exhibit "A" and is hereby incorporated by reference. B. CONTRACTOR has submitted its proposal to perform the services described in Recital A, above. A copy of that proposal is attached hereto as Exhibit "B" and is hereby incorporated by reference. C. CONTRACTOR represents that it is fully qualified to perform such services by virtue of CONTRACTOR'S experience and the training, education and expertise, and that of CONTRACTOR'S principals and employees. CONTRACTOR further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. - D. CONTRACTOR and CITY desire to enter into this Agreement in order to set forth all applicable terms and conditions governing CONTRACTOR'S provision of services. Agreement NOW, THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: i. CONTRACTOR'S SERVICES A. Scope of Services. CONTRACTOR shall perform the services identified in the RFP and Exhibit "B", and as described in the Scope of Services attached hereto as Exhibit "C" and hereby incorporated by reference. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. B. Schedule of Performance.'CONTRACTOR shall commence the services on an "as-needed" basis, within the times set forth in Exhibit "C." •832468-1 Page 1 of 13 P238 C. Standard of Performance. CONTRACTOR shall perform al(work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. D. Personnel. CONTRACTOR shall personally perform and/or supervise performance of the services requited under this Agreement and all persons assisting CONTRACTOR shall be qualified to assist in the performance of such services. CONTRACTOR shall designate, and identify in writing to the CITY, a principal who shall have direct responsibility for management of CONTRACTOR'S services under this Agreement. E. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Rancho Cucamonga business license. 2. TERM OF AGREEMENT The term of this Agreement shall be effective as of the date of mutual execution. This Agreement shall follow the schedule as established in Exhibit "C". 3. COMPENSATION CITY agrees to compensate CONTRACTOR for the services provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services those amounts set forth in Exhibit "B" attached hereto and incorporated by reference herein. 4. METHOD OF PAYMENT CONTRACTOR shall submit to CITY an invoice, on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included on the invoice. Within thirty calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. Unless otherwise required by any taxing authority having jurisdiction over the CITY (see Section 9 D.), CITY shall not withhold applicable taxes or other authorized deductions from payrgents made to CONTRACTOR. At any time during regulaz working hours, all records, invoices, and other materials accounting the services shall be available for review and audit by CITY. Notwithstanding any other provision of this Agreement to the contrary, CITY shall be entitled to retain not less than twenty-five percent (25%) of any amount due monthly to CONTRACTOR, pending CONTRACTOR'S completion of any unfinished work and/or delivery of any outstanding receivables to CITY, in full compliance with this Agreement. 5. OWNERSHIP OF WORK PRODUCT AND TRANSFER OF ALL 832468-1 Page 2 of 13 P239 INTELLECTUAL PROPERTY RIGHTS Upon creation, all work product, including but not limited to, photographs, original writings, documents, work ofvisual art, work of authorship, images, fine art, designs, concepts, ideas, and any and all other work product produced pursuant to this Agreement, including alt intellectual property rights arising therefrom, whether they are sub-components of a larger product, or are themselves the finished product (collectively, "Work Product"), shall each be considered a "Work Made for Hire", as that term is used in Title 17, U.S.C. § 101, and upon CITY' S payment to CONTRACTOR for the same, each will forever become property ofthe CITY. For purposes of this provision, Work Product includes, but is not limited to, graphic designs, treatments, and layouts; logo artwork; photographs; copy/text used in advertisements, newsletters, etc.; audio and video recordings; Internet web pages and a-mail communication products; signage; and any other creative work done in part, or in•whole, for the CITY pursuant to this Agreement, including any and all copies, drafts, models, depictions, drawings, duplicates and preliminary versions of any of the CONTRACTOR'S Work Product. Upon payment by CITY for any delivered Work Product, such delivery shall be deemed to constitute a transfer to the CITY of all intellectual property rights of any nature whatsoever, and rights of reproduction as that term is defined in California Civil Code § 982, in the Work Product, including but not limited to the right to claim statutory copyright in CONTRACTOR'S Work Product and the right to reproduce CONTRACTOR'S Work Product in any manner whatsoever, for commercial and non-commercial purposes. To the extent all rights and interest in all Work Product are not otherwise effectively transferred by this provision, then upon payment by CITY for any delivered Work Product, all of the same rights and interests will be deemed assigned in their entirety to the CITY, and the CONTRACTOR shall thereafter retain absolutely no right or interest of any nature in any of the Work Product. If CONTRACTOR'S Work Product consists in whole or in part of "fine art", as defined in Califomia Civil Code § 982, then upon payment by CITY for such delivered Work Product, the CONTRACTOR shall be deemed to have waived, released and disclaimed any and all of CONTRACTOR'S rights, demands or claims with respect to the CITY, as may arise at any time and under any circumstances, under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), California Civil Code § 986, the California Art Preservation Act (Califomia Civil Code § 987, et seq.), and/or any other local, state, federal or international laws that convey rights of the same nature as those conveyed under any of the foregoing statutes, or that convey any other type of moral right protecting the integrity of works of art and/or intellectual property rights arising from their creation. The CONTRACTOR acknowledges and agrees that CITY, in its sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy any of CONTRACTOR'S Work Product. Prior to any proposed destruction of CONTRACTOR'S Work Product consisting of fine art, a reasonable attempt shall be made to provide the CONTRACTOR with an opportunity to reclaim possession of CONTRACTOR'S fine art. The format for delivery of the final Work Product will be determined by the CITY on aproject-by- projectbasis, and may include receipt of original native files (if digitally produced), or some other 832468-1 Page 3 of 13 P240 format as the CITY may deem appropriate for its use. It is understood that any Work Product can be used for any CITY purpose by the CITY, or any person or entity acting on CITY' S behalf, whether commercial ornon-commercial in nature. To ensure an equitable working relationship with the CITY'S creative services CONTRACTOR, and notwithstanding the foregoing terms and conditions, the CITY may, by a sepazate writing, consent to the CONTRACTOR having the right to use some or all of the Work Product for limited purposes that may include promotional activities, and to serve as part of the CONTRACTOR'S professional portfolio. 6. INDEPENDENT CONTRACTOR CONTRACTOR will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONTRACTOR as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONTRACTOR. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement aze deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All CITY data shall be returned to CITY upon the termination of this Agreement. CONTRACTOR'S covenant under this section shall survive the termination of this Agreement. 8. CONFLICTS OF INTEREST CONTRACTOR hereby warrants that its employees and/or subcontractors presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with services to be performed hereunder. CONTRACTOR hereby warrants that no such person or entity shall engage in any conduct which would constitute a conflict of interest under a»y CITY ordinance, state law or federal statute. 9. INDEMNIFICATION A. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the acts or omissions of CONTRACTOR or any of 832468-1 Page 4 of 13 P241 CONTRACTOR'S officers, agents, employees or contractors in the performance of this Agreement, and which result in bodily injury, death or property damage, or financial loss to any individual or entity, including the employees or officials of CONTRACTOR. CONTRACTOR warrants that it possesses all rights to provide all of the Work Product required to be provided pursuant to this Agreement. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against all liabilities, claims, suits, actions, and expenses or costs of any kind, whether actual, alleged or threatened, actual attorney=s fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same azise out of, or are connected with, in whole or in part, a claim that all or any part of any Work Product provided to the CITY pursuant to this Agreement infringes upon any proprietary or commercial interest, or intellectual property right, including copyright, of any third party. B. CONTRACTOR'S obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the CITY, its officers, agents, employees and volunteers. C. CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR'S covenant under this section shall survive the termination of this Agreement. D. CONTRACTOR agrees to pay all required taxes as required by any federal, state, or local agency or jurisdiction as of the date of this contract on amounts paid to CONTRACTOR under this Agreement. Notwithstanding the foregoing, CONTRACTOR agrees that CITY may withhold any percentage of the contract amount payable hereunder as required by any taxing agency having jurisdiction over the CITY, and pay the same to such taxing agency as it may require. CONTRACTOR agrees that it shall indemnify and hold CITY harmless from any and all taxes, assessments, penalties, liabilities, and interest asserted against CITY by reason of CONTRACTOR'S failure to pay any taxes, or as a result of CITY'S reliance on inaccurate, incorrect, false or misleading information provided to CITY by CONTRACTOR relating to any tax laws, regulations or requirements applicable to taxes owed by CONTRACTOR in connection with this Agreement. CONTRACTOR further agrees that it shall indemnify and hold CITY harmless with respect to any and all claims, penalties and liabilities arising directly or indirectly from the independent contractor relationship created by this Agreement. CONTRACTOR shalt fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR' S employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any 832468-1 Page 5 of 13 P242 failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR'S failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 10. INSURANCE A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: I. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of Califomia. B. CONTRACTOR shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONTRACTOR shall fde with CITY'S Risk Manager a certificate or certificates of insurance, together with endorsements, showing that the insurance policies are in effect in the required amounts. F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, employees, agents and volunteers as 832468-1 - Page 6 of 13 P243 additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. Professional Errors and Omissions Liability -insuring against all liability azising out of professional errors andlor omissions, providing protection of at least $1.000.000 per claim and aggregate for errors andJor omissions ("malpractice") of CONSULTANT in the performance of this Agreement. Such policy maybe subject to a deductible or retention in an amount acceptable to CITY. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on CITY'S behalf until three (3) years after the date the work or services are accepted as completed. Coverage for the post-completion period maybe provided by renewal or replacement of the policy for each of the three (3) years or by a three (3) year extended reporting period endorsement which reinstates all limits for the extended reported period. If any such policy andlot policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standard "Notice of Circumstances" provision. H. The insurance provided by CONTRACTOR shall be primary to any other coverage available to CITY. Any insurance or selfinsurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR' S insurance and shall not contribute with it. I. No insurance coverage provided pursuant to this Agreement shall prohibit CONTRACTOR, and CONTRACTOR'S employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. 7. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles orself-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guazanteeing payment of losses and expenses, unless otherwise agreed to in writing by CITY. K. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR'S liability or as full performance of CONTRACTOR'S duties to indemnify, hold harmless and defend under this Agreement. 11. MUTUAL COOPERATION A. CITY shall provide CONTRACTOR with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONTRACTOR'S services. 832468-1 Page 7 of 13 P244 B. In the event any claim or action is brought against CITY relating to CONTRACTOR'S performance in connection with this Agreement, CONTRACTOR shall render any reasonable assistance that CITY may require. 12. RECORDS AND INSPECTIONS CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of at least three (3) yeaes. CITY shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 13. TERMINATION OF AGREEMENT A. Either party may terminate this Agreement for any reason or for no reason on thirty (30) calendar days' prior written notice to the other. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination, and CONTRACTOR shall deliver to CITY all Work Product. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement. 14. FORCE MAJEURE CONTRACTOR shall not be liable for any failure to perform if CONTRACTOR presents acceptable evidence, in CITY'S sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence, of CONTRACTOR. 15. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR'S and CITY'S regulaz business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, addressed as set forth below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: Attn: Robert Karatsu If to CONTRACTOR: Maeryta Medrano 832468-1 Page 8 of 13 P245 Rancho Cucamonga Public Library 7368 Archibald Avenue Rancho Cucamonga, CA 91730 Gyroscope, Inc. 283 Fourth Street Oakland, CA 94607 16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance ofthis Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, mazital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited bylaw. CONTRACTOR wilt take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. PROHIBITION AGAINST ASSIGNMENT CONTRACTOR shall not delegate, transfer, subcontractor assign its duties or rights hereunder, either in whole or in part, without CITY'S prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. 18. ATTORNEY'S FEES In the event that CITY or CONTRACTOR commences any legal action or proceeding for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 19. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated by reference into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements or representations are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONTRACTOR. 20. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any action shall be the Superior Court of the County of San Bernardino. 832468-1 Page 9 of 13 P246 21. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a mamter as to be valid under applicable law. If any provision of this Agreement, is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date fast written above. CONTRACTOR By. Maeryta Medrano Donald J. Kurth, M. D. Mayor City of Rancho Cucamonga President Gyroscope, Inc. 832468-1 Page ]0 of 13 P247 EXHIBIT C SCHEDULE OF PERFORMANCE The following is time frame for work to be performed by Gyroscope, Inc. in connection with the Rancho KIDS project. (Note: Schedule maybe adjusfed upon mutual consent of CITY and CONTRACTOR). Sco a of Work Date Phase I: Communi and Re Tonal Needs Assessment Meet with library staff, consultants and selected City team for preliminary tannin Week of Feb 23, 2009 Schedule interviews, focus ou sand conduct surve Feb 23-Maz 21 2009 Collect and com ile information, research, interviews, etc. Feb 23-Mar 27, 2009 Release "What We Heard" re ort Week of Maz 30, 2009 React/discuss to "What We Heazd" re ort Week of Mar 30, 2009 Phase II: Conce t Develo ment Prelimin conce foals ace and exhibit desi A r 6-June 12, 2009 Meet at Children's Museum Conference to review preliminary findings and to tour similar facilities. Week of Apr 20, 2009 Prelimin findin draft re ort issued Week of Ma 18, 2009 React/discuss to conce foals ace and exhibit desi n draft re ort Week of Ma 18, 2009 Pro ress u date: initial financial and economic data Week of June 8, 2009 Phase III: Public Presentation of Findin s Week of June 22, 2009 832468-1 Page 13 of 13 P248 EXHIBIT B VENDOR'S SUBMITTED PROPOSAL See attached 832468-I Page 12 of 13 P249 U r e 0 >r C O P E aaa aourrr ruaa r, arias sor .. oxaf xr a, ex saaar s+e~ ua •ur ,a, •,a u~ slat ,it •lf aarf~fi00 f,f 6. i~~ Sept. 2, 2009 Robert Karatsu, Library Director Rancho Cucamonga Library Services City of Rancho Cucamonga 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 Dear Robert: 1 M C Thank you for the opportunity to submit this proposal for a continuation of Gyroscope's services for the next phase of development, the Play and Learning Islands (PAL's) for the library. Based on your email dated August 25, 2009, and our phone call on August 26, we understand the scope to be as follows: SCOPE OF SERVICES ~~ In close consultation with Rancho Cucamonga library staff, Gyroscope will design, fabricate and deliver a minimum of four (4) interactive exhibits, each approximately 25-50 SF in size. These exhibits, called Play and Learning Islands, will be used in the Library as well as the Cultural Center lobby, courtyard and other programming venues. The PAL's will be portable, not permanently built into the walls or floors, and require minimal or no electrical power, water or lighting. There is the possibility that two of the PAL's will be slightly larger than the others and be semi- permanent, although with limited electrical requirements. Overall, the PAL's will be low tech, modular, portable, include space for books and graphics, utilize green, sustainable materials and based on the ideas presented in the Phase 1 Needs Assessment deliverable. ' r_„~„~~....o i~~ ~av n'^ cr oam ~nf n~m~.,,r rn neam P250 Other Project Assumptions: - The project will start immediately on September 10, 2009 and be completed by week of March 1, 2010. The Library Staff will provide all evaluation studies, staffing, materials, interim and final reports, including those for grant requirements. The Library will provide the books for each PAL. The larger PAL's will accommodate 75-100 books each. The props for each PAL can include "off the shelf' elements such as KAPLA blocks. The graphics will be instructional (To Do and Notice) and include the Library's logo. The PALS' will not need crates for transportation or storage, but the smaller units may have their own tops, such as a "suitcase" exhibit. PAL's will be delivered to the Library with cone-year warranty. PAL's will be delivered with design drawings and maintenance instructions. Meetings, design charrettes, progress presentations with Library staff will take place at location to be agreed upon by mutual consent. Conference calls/web conferences as needed. Approvals will be from the Library staff only and will not be unreasonable held. Gyroscope will have sole responsibility for fabricator selection, pricing and management of fabrication and delivery with the approval of the Library's authorized designee. Gyroscope's expenses related to fabricator, delivery and punch-list are not included in the fixed price of this contract. These will be invoiced separately and are over and above the $50,000 cap for time and materials. Our Process 8 Schedule 1.1 Project Kick-Off: Sept 10, 2009 Review Goals and Objectives, Priorities and Budget, Project Timeline, Approval Process, Deliverables and Fabrication Process. Determine with RC Library staff, the concept for each of the four PAL's. Determine the interactive activity for each of the PAL's. Library to provide list of books for each PAL (as inspiration for design development.) Review green materials and discuss overall design direction, materials, look and feel. Review pro forma budget allocations. r_,,.,,~~,.~e i~~ 9A'1 d~ Cf care one n~o-i~.,n (`G QdRl17 ~ P251 1.2 Meeting 2: October 8 (to be confirmed) Present Preliminary Designs for the PAL's. Gyroscope will present with sketch models and/or 3-D renderings the design for each PAL. Review and discuss and Library to provide feedback for further development. 1.3 Meeting 3: November 6 ' Design Development of all PAL's, ready for Library approval. Upon receipt of approval and authorization to proceed with fabrication, Gyroscope will proceed. 1.4 Notice to Proceed with Fabrication received no later than December 4, 2009 in order to meet delivery date of March 1, 2010. 1.5 Fabrication period: December 7, 2009 -February 19, 2010. 1.6 Gyroscope shop visit at mid-point to review progress. 1.7 Exhibit Delivery: Week of February 22, 2010. 1.8 Project Punch list and Closeout: Week of March 1, 2010. Deliverables: Design Development Drawings of each PAL with 3-d renderings and/or sketch model. Level of technical drawings will be at Gyroscope's discretion, but be sufficient to communicate design intent with fabricator. The final deliverable for this phase will be a PDF via email of design drawings, maintenance instructions and cone-year warranty. Meetings: There will be a total of 3, one-day meetings with Library staff at a location agreed upon by both parties. All other meetings requested by the Library will be considered addition to scope. r_„~„~~.,..e i~~ 9R'1 dN C} c,ae ~n~ n~~i~~.+ rn oaam z P252 COST MANAGEMENT APPROACH Gyroscope is offering our services as a fixed price, not to exceed $50,000 for design, fabrication and delivery of four PAL's. For cost control, Gyroscope will develop a pro forma cost estimate for the fabrication of a minimum of 4 PALS with graphics, props, delivery, taxes and insurance. All decisions with respect to quantity, level of complexity, material choice and project delivery will be at Gyroscope's discretion in consultation with the Library, in order to maintain cost control and schedule. Compensation Gyroscope's fee for materials and services is a fixed price, not to exceed total of $50,000. Changes to the scope of work, schedule or assumptions will require an adjustment of the total cap of $50,000, and will not be initiated without consultation with the Library or without approval in writing to proceed. Receipt of payment shall be within 30 days. Payment Schedule October 8, 2009. Payment #1 $10,000 November 6, 2006 Payment #2 $10,000 December 4, 2009 Payment #3 $10,000 January 15, 2010 Payment #4 $10,000 February 22, 2010 Payment #5 $10,000 Total $50,000 Reimbursables Reimbursable expenses are included in the not to exceed price of $50,000 except for expense related to trip sot Rancho Cucamonga, fabricator shop visit, n,.n~~....o ire oaa a~' e~ ca,e ~m n~o-i~,.n re oaam a P253 installation and project closeout. These are estimated to not exceed a total of $7, 500 for expenses related to: • Travel including air, car rental, taxi, shuttle, parking, tolls • Meals and Lodging Change Orders After each meeting at which the design direction has been determined, agreed to and signed off by all parties, any requested subsequent changes to the direction or assumptions will be considered a change in service and scope for which additional compensation will be requested. No additional work will be initiated by Gyroscope without written approval by the Library and the additional compensation agreed to by both parties. By signing this proposal for a continuation of Gyroscope services, the undersigned agree to the terms and assumptions above, in effect for 30 days. Robert Karatsu, Library Director President, Gyroscope, Inc. Slid/IZ~j Date 7 ~0 D e r_.,.,,~~.,no i..~ oav e~ a c~~re ~m n~o-i~...+ re oeam s P254 EXHIBIT C SCHEDULE OF PERFORMANCE The following is time frame for work to be performed by Gyroscope, Inc. in connection with the Rancho KIDS, phase two project. (Note: Schedule maybe adjusted upon mutual consent of CITY and CONTRACTOR). ' Sco a of Work Date Phase I: Conce tual Develo ment of Interactive Exhibits Meet with library staff for preliminary discussion of design of interactive exhibits Week of September 7, 2009 Meet with library staff with cost proposal for design, fabrication and delivery of interactive exhibits Week of October 5, 2009 ' Phase II: Desi nand Fabrication of Interactive Exhibits Detailed ro ess re ort on status of fabrication of interactive exhibits Week of December 7, 2009 Fabrication period Between weeks of becember 7, 2009 and February 14, 2010 Delivery of minimum of four interactive exhibits to Rancho Cucamonga Public Libr Between weeks of February I and March 1, 2010 Punch list and ro'ect close out Week of Mazch 1, 2010 832468-1 Page 13 of 13 P255 STAFF REPORT ENGINEERING SERVICES DEPARTMENT 1 Date: October 7, 2009 RANCHO C.,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer '~'~~ Shelley Hayes, Assistant Enginee~:~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $96,249.64, TO THE APPARENT LOW BIDDER, UST DEVELOPMENT, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $9,624.96, FOR THE LONDON AVENUE AND CARRARf STREET SLOPE RENOVATION AND EROSION CONTROL TO BE FUNDED FROM GENERAL DRAINAGE FUNDS, ACCOUNT NO. 1112303- 5650/1746112-0 AND APPROPRIATE $140,000.00 TO ACCOUNT NO. 1112303- 5650/1746112-0 FROM GENERAL DRAINAGE FUND BALANCE (CONTRACT AWARD OF $96,249.64 PLUS 10% CONTINGENCY IN THE AMOUNT OF $9,624.96 AND $34,125.40 FOR SOILS AND MATERIALS TESTING, CONSTRUCTION SURVEY SERVICES AND INCIDENTALS) It is recommended that the City Council Accept the bids received and award and authorize the execution of the contract in the amount of $96,249.64, to the apparent low bidder, UST Development, Inc., and authorize the expenditure of a 10% contingency in the amount of $9,624.96, for the London Avenue and Carrari Street Slope Renovation and Erosion Control to be funded from General Drainage Funds, Account No. 1112303-565011746112-0 and appropriate $140,000.00 to Account No. 1112303-5650/1746112-0 from General Drainage Fund balance (Contract award of $96,249.64 plus 10% contingency in the amount of $9,624.96 and $34,125.40 for soils and materials testing, construction survey services and incidentals). BACKGROUNDlANALYSIS Per previous Council action; bids were solicited, received and opened on September 15, 2009, for the subject project. The Engineer's estimate for the base bid was $115,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. The scope of work consists of the installation of un-grouted boulders, asphalt concrete pavement access road, cut existing grade and hydroseed new cut slope. The contract documents call for thirty (30}working days to complete this construction. Respectfully submitted, ~.. ar er Director of Engineering Services/City Engineer rr: ~; . zF ~,~~~ ~~J b~ b~ 's'py N ~.. ~ Z N } nv Sd3 nV VON 113 . ` W o ~ z ~ ome ~ ~xva s/' ~ ~ ~ ~ ~ v W {- ,~.~..~..~ V o a0 ~ 3 1S3N702 U ~ a,. 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W [-~ :~ ~ 0 8 ~ ~ ~ b a te .° y .o a F m a ~ ~ O C~ ~~ ~ a' v .O ~ y 5 q ~ W a ° ~~ ~ ~~ ,~~a ' ~~ i om ~ a W c ~~b a ~U °~° o ~ d ~ 5 A ~ . . A U ~ ~ en .~ U ~ ~ z a ~ ~ ~ °J ~ o9:c ~ m r~ . o~o ~ N~ a ~ Ca o ~~,^a•: m a Gr ~y F-. O O Vl ~ (E O~ °; 1 " p ~ ~ ~ ~ ~~ T a+ G . u ° ~ a p V wa Urn oa x c , i ~ o o ~ z~ a ~ ~ ~ °a z ~ ~ ~ c m ~ ` o .~ cv ro ~ ~ to P262 STAFF REPORT ENGINEERING DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack lam, AICP, City Manager From: Mark A, Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANCHO CUCAMONGA Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 16262, LOCATED BETWEEN ARCHIBALD AND KLUSMAN AVENUE, APPROXIMATELY 427 FEET NORTH OF THE CENTERLINE OF HILLSIDE ROAD, SUBMITTED BY TOLL CA IV, L. P. It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUNDlANALYSIS Improvement Agreement and Improvement Security to guaran#ee the construction of the public improvements for Tract 16262 were approved by the City Council on September 17, 2008, in the following amounts: Faithful Performance Bond: $ 290,000.00 Labor and Material Bond: $ 145,500.00 Due to an extended sales pace in today's market, the improvements have not been completed. The developer, Toll CA IV, L.P., is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectfully submitted, ar er~~~~" Director of Engineering Services/City Engineer MAS:CC:alrw Attachment(s) o i_-~'~ i ~ ,. w }- a ~ ~ ~ w w > = s O Q p ~ U ~ ~ ~ ~ Q Z DD N w 0 = J _ w J J ~ I- = O ~ ~ I- w ~ ~ m ~< ¢ •~ 3 ~ p s~ 3; a s~ i; 5 ~ a a T3 ~~P~ p P F ~ as EA 5?.i o 3 ~ c Ee ~~~ e S ~~) )I (~(M YIII(a ° _ o < "~~ =at I, ,P263'• s ° u ~„ o ~ 0 ~e e < Y, = a Noy j ~ y~~k~ 7 ° ° i° ° d_z4 a 6F ~~'c 0 a ~ ~ ~_ ~ 55 ~ ~, a s ' r ,~ ~T ,~ P264 RESOLUTION NO. ©% ' ~ ~ 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16262 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 7, 2009, by Toll CA IV, L.P., as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located between Archibald and Klusman Avenue, approximately 427 feet north of the centerline of Hillside Road; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16262; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. P265 STAFF REPORT ENGINEERING DEP~IRTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANCHO CUCAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE CASH DEPOSIT, ACCEPT A MAINTENANCE CASH DEPOSIT AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PARCEL MAP 17808 LOCATED NORTHEAST CORNER OF ARCHIBALD AVENUE AND PALO ALTO STREET, SUBMITTED BY WILLIAM ESPINOZA AND EVA ESPINOZA The required improvements for Parcel Map 17808 have been completed in an acceptable manner, and it is recommended that the Cify Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Cash Deposit and accept a Maintenance Cash Deposit. BACKGROUNDlANALYSIS As a condition of approval of completion of Parcel Map 17808, located northeast corner of Archibald Avenue and Palo Alto Street, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Cash Deposit and accept the Maintenance Cash Deposit. Developer: 6849 Foxtail Court Rancho Cucamonga, CA 91739 Release: Faithful Performance Cash Deposit # CR118419 (Receipt No.) Accept: Maintenance Cash Deposit # CR131783 (Receipt No.) Respectfully submitted, ~--~~ Mark e~~~``~ Director of Engineering Services/City Engineer MAS:CC:alrw $6,700.00 $670.00 Attachment(s) ;' BASEL/NE ~ ROAO PRO/ECT S/TE w a •¢ S W Q •CANOLEW000 STREET STREET 6 J U CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ~ p P266 ~' N ITEM: /~q/PCEL MAP /T.. TITLE: J//C//N/T Y MQ.,~ P267 RESOLUTION NO. Oq-/ S 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17808 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 17808 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P268 STAFF REPORT ENGINEERING DEPARTMENT RANCHO Date: October 7, 2009 - C,OCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR LANDSCAPE IMPROVEMENTS FOR TRACT 16113 (EAST AVENUE LMD) LOCATED ON THE SOUTHWEST CORNER OF WILSON AND EAST AVENUES, SUBMITTED BY TRIMARK PACIFIC RANCHO CUCAMONGA , LLC RECOMMENDATION The required landscape improvements for Tract 16113 (East Avenue LMD) have been completed in an acceptable manner,'and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 16113 (East Avenue LMD), located on the southwest corner of Wilson and East Avenues, the applicant was required to complete landscape improvements along East Avenue. The improvements have been completed. Respectfully submitted, Mark uer ~~ - ~:: Director of Engineering Services/City Engineer MAS:CC:alrw Attachment(s) P269 N9LSON AVENUE - 24Ti~/ ST. Q `~ Q ~°RaJECT LOCAT/ON t//C//1//TY /filgP VICINITY MAP CITY OF - RANCHO C[T~AMONGA ~NCrThIEER~fT3~i BI-~`3SION- - ITEM: ~• /(~//3 TITLE: ~(C/N(7y MAP - . ... EXkIIB~T: -~. P270 RESOLUTION NO. O 9 ~ 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE IMPROVEMENTS FOR TRACT 16113 (EAST AVENUE LMD) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public landscape improvements for Tract 16113 (East Avenue LMD) have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and fife a Notice of Completion with the County Recorder of San Bernardino County. P271 STAFF REPQRT ENGINEERING DEPdRTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANCHO CUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16226 & 16227 (RANCHO ETIWANDA ESTATES INFRASTRUCTURE-DAY CREEK BOULEVARD / ETIWANDA AVENUE), LOCATED NORTH OF THE EXTENSION OF DAY CREEK BOULEVARD AND WEST OF ETIWANDA AVENUE, SUBMITTED BY JTY INVESTMENT, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16226 & 16227 (Rancho Etiwanda Estates Infrastructure•Day Creek Boulevard / Etiwanda Avenue), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC BACKGROUNDlANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER JTY Investment, LLC 3194 C-2 Airport Loop Drive Costa Mesa, CA 92626 Release: Maintenance Guarantee Bond #730330S Respectfully submitted, Mark A. r Director of Engineering Services/City Engineer MAS:CC:alrw $113,660.00 Attachment(s) P272 _o° w ^~~ ~ ~ . •~ :~ ! n W, n -~ H ~~ , z~~W F ` V N ~` z ~o d~ ~A U c7 O OxW U H z ~, U ~w P273~ _~ C7 ~ o W n 'C :r cei •~ n ,3 .~ /~ w 0 n ~~ z ~ `.~ H Q z Oz 0 U? ~ A U~ O x~ ~ V E~ , .. U ~z STAFF REPORT. ENGINEERING DEPdRTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician P274 RANCHO cUGAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16512 (MEDIAN LANDSCAPING) LOCATED ON THE NORTH SIDE OF CHURCH STREET AND EAST OF MILLIKEN AVENUE, SUBMITTED BY KB HOME GREATER LOS ANGELES, INC. The required ,improvements for Tract 16512 (median landscaping) have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 16512 (median landscaping), located on the north side of Church Street and east of Milliken Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 36310 Inland Valley Drive, Wildomar, CA 92595 Release: Faithful Performance Bond # 929388516 $77,400.00 (Bond No.) Accept: Maintenance Bond # 929388516-M $7,740.00 (Bond No.) Respectfully submitted, M-~~"V'~ Director of Engineering Services/City Engineer MAS:CC:alrw. Attachment(s) P275 VICINITY MAP NOT TO SCALE City of Rancho Cucamonga ENGINEERING Item: Tract No. 16512 Title: VICINITY MAP EXHIBIT: 1 DIVISION P276 RESOLUTION NO, Qq l91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16512 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16512 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT ENGINEERING DEPdRTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANGHO CUCAMONGA Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 16592, LOCATED NORTH SIDE OF HILLSIDE ROAD, WEST OF ARCHIBALD AVENUE, SUBMITTED BY TOLL BROTHERS, INC P277 RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the. construction of the public improvements for Tract 16592 were approved by the City Council on September 3, 2008, in the following amounts: Faithful Performance Bond: $ 408,900.00 Labor and Material Bond: $ 408,900.00 Monumentation Cash Deposit $ 2,950.00 Due to an extended sales pace with today's market the improvements have not been completed. The developer, Toll Brothers, Inc, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectfully submitted, Mark e~/'Z.--Z... Director of Engineering ServiceslCity Engineer MAS:CC:alnv Attachment(s) P278 CITY OF .R.A.NCIiO CUCAMONGA E1VGI]VEERIiVC DIVISIOn' A ITEM: ]'/PigCl~ /6~ 99 TTTx,~: VEC/~4/!TY /~1AP P279 RESOLUTION NO. OQ'~9Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16592 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 7, 2009, by Toll Brothers, Inc, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located north side of Hillside Road, west of Archibald Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16592; and WHEREAS, said Improvement ~ Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. STAFF REPQRT ENGINEERING DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANCHO cUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE LETTER OF CREDIT FOR TRACT 16909, LOCATED ON THE WEST SIDE OF HAVEN AVENUE BETWEEN ARROW ROUTE AND 26TH STREET, SUBMITTED BY HILLWOOD CONSTRUCTION SERVICES RECOMMENDATION P280 It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Letter of Credit, for Tract 16909, located on the west side of Haven Avenue between Arrow Route and 26th Street, submitted by Hillwood Construction Services ' BACKGROUNDiANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Hillwood Construction Services 268 West Hospitality Lane, Suite 105 San Bernardino, CA 92405 Release: Maintenance Guarantee Letter of Credit #S307235M Respectfully submitted, .~° Mark euer Director of Engineering Services/City Engineer MAS:CC:alrw $61,010.00 Attachment(s) PP281 VICINITY MAP for TRACT NQ. 16909 NOT TO SCALE t ,C.v~.: Vii- ~sl-~j 1; . w. ry` ~~ f.. 1 L: ~ ~~ ' i~f.L i.C ~ l 1~'T ~tl ~ ~ Mp Li.~ . ~~~~1. ~ I~ n `+ ~.la: ~~~ ~.A nt a" P 1 F.ksa ~ tlrl. e. -.7 ~ i .h+avovEST.; l -~!J City of Rancho Cucamonga ENGINEERING DIVISION 1, t ~ ~r ~ i I^ Item: Vicinity Map Title: TRACT NO. 16909 EXHIBIT: 1 P282 STAFF REPORT ENGINEERING DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANCHO G'UCAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 17435 LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN. AND CENTER AVENUES, SUBMITTED BY KB HOME GREATER LOS ANGELES, INC RECOMMENDATION The required improvements for Tract 17435 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Pertormance Bond and accept a Maintenance Bond. ' BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 17435, located on the south side of Church Street between Haven Center Avenues, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: KB Greater Los Angeles, Inc 801 Corporate Center Drive Suite 201 Pomona, CA 91768 Release: Faithful Performance Bond # 08845061 $496,500.00 (Bond No.) Faithful Performance Bond # 08845049 $488,900.00 (Bond No.) Accept: Maintenance Bond # 08845061A $49,650.00 (Bond No.) Maintenance Bond # 08845049A $48,890.00 (Bond No.) Respectfully submitted, M Director of Engineering Services/City Engineer MAS:CC:alrw Attachment(s) P283 RESOLUTION NO. ~'7'~7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17435 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR 7HE WORK ' WHEREAS, the construction of public improvements for Tract 17435 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and fife a Notice of Completion with the County Recorder of San Bernardino County. P284 CITY OF RANCHO CUCAMONGA N ITEM: ~~Y~~ TITLE: ~/C//V /T r /~i4P ENGYNEERING DIVESION STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Enginee Shelley Hayes, Assistant EngineerS.~- P2t35 RANCHO C,,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NOS. 014039179/08771545 IN THE AMOUNT OF $515,163.43, FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL CONSTRUCTION PHASE 1, CONTRACT NO. 06-228 It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 01 40391 7 910 87 71 5 45 in the amount of $515,163.43, for the Pacific Electric Inland Empire Trail Construction Phase 1, Contract No. 06-228. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Sully-Miller Contracting Company 1100 E. Orangethorpe Avenue #200 Anaheim, CA 92801 Respectfully submitted, ..,s~'"l.~''L''-Z-. ar ever Director of Engineering Services/City Engineer MAS/JAD/SH:Is ~. . Phase 1 Vicinity Niap Pacif c Electric Inland Empire Trail Phase 1 -Haven Ave to 1320' east of Etiwanda Ave STAFF REPORT P,NGINEERING SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jeny A. Dyer, Senior Civil Enginee Shelley Hayes, Assistant Engineer J!',~ P287 RANCHO C',UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 014039190108879354 IN THE AMOUNT OF $366,686.13, FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL CONSTRUCTION PHASES II and III, CONTRACT NO. 07-023 It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 014039190/08879354 inthe amount of $366,686.13, for the Pacific Electric Inland Empire Trail Construction Phases II and III, Contract No. 07-023 BACKGROUNDIANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Sully-Miller Contracting Company 1100 E. Orangethorpe Avenue #200 Anaheim, CA 92801 Respectfully submitted, er Director of Engineering Services/City Engineer MAS/JAD/SH:Is P288 --~ I -~------------ -------- ~----~ ~ ---- i ------_... ~ I ~. ~ ~ I ~ i ~,, ~ ~ i ~~ ten' n = 4~3j sr, \~\ ? ~>. _ ~ru ~.i. ~1 .~,~, 1 -- ~b i.~, ~ g I1W I ", F D1111L y .MOwA Sj MME ~ ,~. • ..~ ...1 ~ .iw f Pacific Electric Inland Empire Trail j ~ • Phases II & III i zi FI I j j ¢~ ~I ~ I ~j T~ Wi ~ ¢' Qj ~ _, ~ ¢ i Qj ~• of ¢I , w+ ~~~.-.I~..~ _. i ____ U -.._~.~.._-_..~.._.WT_.~.~._~.____ _._ . I f Qj xl I j ~ i i ~ I I ~ - I I I I I i i I I Vicinity Map Pacific Electric Inland Empire Trail - Phases II & III (from Amethyst Ave. to Haven Ave.) STAFF REPQRT ENGINEERING SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer Shelley Hayes, Assistant Engineer RANCHO ~UCAMONGA Subject: ACCEPT THE CITY HALL PLANTER REPAIR, CONTRACT NO. 07-080 AS COMPLETE, RELEASE THE BONDS, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $126,936.02 RECOMMENDATION It is recommended that the City Council accept the City Hall Planter Covers, Contract No. 07-080, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, release the Labor and Materials Bond in the amount of $127,772.00 and authorize the release of the retention in the amount of $12,693.60, 35 days after acceptance. Also, approve the final contract amount of $126,936.02. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. Four Stop Notices were received and released; two of the Stop Notice subcontractors also filed lawsuits and their corresponding lawsuits ultimately dismissed, with Settlement Agreements reached and duly processed. At the advice of our City Attorney, both the Faithful Performance and Labor and Materials Bonds are to be released now, without the necessity of obtaining a Maintenance Bond; this is due to the fact that the construction on this project has been completed for over a year, because the Stop Notices and lawsuits held up acceptance of this contract. The City Hall Planter Covers scope of work consisted of cutting, capping and sealing drains, filling planter boxes with insulation, casting covers in place, and applying caulking and sealants. Pertinent information of the project is as follows: Budgeted Amount: - Account Numbers: $200,000.00 1025001-5650/1603025-0 - Engineer's Estimate: $106,493.40 - City Council's Approval to Advertise: May 2, 2007 - Publish dates for local paper: May 9 and 15, 2007 P289 - Bid Opening: May 22, 2007 P290 CITY COUNCIL STAFF REPORT Re: Accept City Hall Planter Covers October 7, 2009 Page 2 - Contract Award Date: - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: June 6, 2007 Pivot Group Inc. $127,772.00 $12, 777.20 $126,936.02 -($835.98) (-0.65%) The net decrease in the total cost of the project is a result of eight (8} contract change orders including the Balancing Statement. The notable changes that were significant to the decrease of the Contract were less rigid insulation, sealants and caulking than were originally bid and the Balancing Statement accounted for that decrease as well as other minor changes in the project bid quantities. Respectfully submitted, Director of Engineering Services/City Engineer MAS/CH/SH:Is Attachments P297 LOCATl~ON CITY OF RANCHO CUCAMONGA CITY HALL N VICINITY MAP N~ ~ s~ P292 RESOLUTION NO. ©7' ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CITY HALL PLANTER REPAIR, CONTRACT NO. 07-080 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the City Hall Planter Covers, Contract No. 07-080, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the .work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT ENGINEERING SERVICES DEPdRTMENT P293 RANCHO Date: October 7, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineeyr~ing Services/City Engineer By: Curt Billings, Associate Engineer Shelley Hayes, Assistant Engineer5~ Subject: ACCEPT THE BASE LINE ROAD PAVEMENT REHABILITATION FROM HELLMAN TO RAMONA AVENUES, CONTRACT NO. 09-233 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 $343,321.23 RECOMMENDATION It is recommended that the City Council accept the Base Line Road Pavement Rehabilitation from Hellman to Ramona Avenues, Contract No. 09-233, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $312,192.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $34,332.12, 35 days after acceptance. Also, approve the final contract amount of $343,321.23. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Base Line Road Pavement Rehabilitation from Hellman to Ramona Avenues scope of work consisted cold milling, asphalt concrete pavement, ARHM overlay, adjustment of manholes and valves to new grade, installation of catch basin and RCP lateral, striping and pavement markers. Pertinent information of the project is as follows: - Budgeted Amount: - Account Numbers: - Engineer's Estimate: $420,000.00 1194303-5650/1691194-0 $346,500.00 - City Council's Approval to Advertise: May 6, 2009 - Publish dates for local paper: May 12 and 19, 2009 - Bid Opening: June 2, 2009 - Contract Award Date: June 17, 2009 P294 CITY COUNCIL STAFF REPORT Re: Accept Base Line Road Pavement Rehabilitation From Hellman to Ramona Avenues October 7, 2009 Page 2 - Low Bidder: - Contract Argount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: All American Asphalt $312,192.00 $31,219.20 $343,321.23 $31,129.23 (9.97%) The net increase in the total cost of the project is a result of two (2) Contract Change Orders (including the Balancing Statement.) The notable changes that were significant to the increase of the Contract amount were an increase of Asphalt Rubber tonnage than originally bid and the Balancing Statement which accounts for this increase plus other minor increases and decreases in the project bid quantities. Respectfully submitted, .~ ar teuer Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachment P295 VICINITY MAP BASE LINE R©. PAVEMENT REHABILITATION FROM HELLMAN AYE. TO RAMONA ST. PROJECT LOCATION s , ~. ~ s a Almond Rd ~ '.~ G7_, S . ~ S. S . _.~; ~ 4 ~' --~`•` ~ Q HilsideRd -' -,'--• . . ~ m .'r ~ I V 1 ~ ~- ~ WIbeM . t ~ i -. a W _ t ~• iy Berryan Sty ~ " ii' -~- C V ~ •. • ~ '~1 wt 4 '~J. w ~ a ~ L [ ''1' 1 ~ ~ .~ iii. -t.a' - .c ~ ~y..rJ 141fi 8t 1 _ r, ' ~:~ ''L Highl ~, - ^~ 1 ~i ry .~ ~~ f3aseLtrieRd.f` .; ., _ - ~'~; ," ~-L-srciti I ~ ~•I lL: ~S ...I Foothill tat Foo~hiU'Bt Arto .4tt~ ' - ';i -< '„ ---ArrowRt stn sr _.~ ~ _ _ _~ -;-- -- 1D Freewey_._ 'ryy : i,^ ~ "~ I 'Q~6th.5t n - s ~ ; ~g~. 41son Av Route 30 v i P296 RESOLUTION NO. O9- ~ q5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD PAVEMENT REHABILITATION FROM HELLMAN TO RAMONA AVENUES, CONTRACT NO. 09-233 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Base Line Road Pavement Rehabilitation From Hellman to Ramona Avenues, Contract No. 09-233, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P297 STAFF REPORT ,._ ENGINEERING DEPdRTMENT RANCHO Date: October 7, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer ~ ~- Subject: ACCEPT THE FY 2009/2010 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING LOT RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS, CONTRACT NO. 09-252 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $285,774.74 It is recommended that the City Council accept the FY 2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal Coat) at Various Locations, Contract No. 09-252, as complete, authorize the City Engineer to file a Notice of Completion, accept a Maintenance Bond, release the Faithful Performance Bond, authorize the release of the Labor and Materials Bond in the amount of $281,154.75 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $28,577.48, 35 days after acceptance. Also, approve the final contract amount of $285,774.75. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The FY 2009/2010 local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal Coat) at Various Locations scope of work consisted of crack sealing, slurry sealing, seal coating, protection and/or adjustment of valve covers, protection of existing survey monuments, and manholes, re-striping and pavement markings. Pertinent information of the project is as follows: Budgeted Amount: - Account Numbers: - Engineer's Estimate: - City Council's Approval to Advertise: - Publish dates for local paper: - Bid Opening: - Contract Award Date: $450,000.00 1190303-5650/1022190-0 $374,886.60 May 20, 2009 May 26 and June 2, 2009 June 9, 2009 July 1, 2009 P298 CITY COUNCIL STAFF REPORT Re: Accept FY 2009!2010 Local Street Pavement Rehabilitation {Slurry Seal) and Parking Lot Resurfacing (Seal Coat) at Various Locations October 7, 2009 Page 2 - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: American Asphalt South Inc. $281,154.75 $28,115.48 $285,774.75 $4,620.00 (1.64%) The net increase in the total cost of the project is a result of one (1) contract change order (the Balancing Statement.) The notable change that was significant to the increase of the Contract was additional Guardtop Seal Coat than was originally bid and the Balancing Statement accounted for that increase in the project bid quantities. Respectfully submitted, r er . Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachment P299 1, ~ ~ ~ L ~ ~LSIIE RL Jf~P-. I n AV[ I,~ UP144ND ~ ~ ~ - < ,uP- ~ ~ R I - ~~- art u R ~ _ ~ ~ g ~ ~vw n ~1~~~ ` R+ ~I ,~, • `~ w, n if~P-E~~~ ,Exifv ava s ~ ~ ; rRRw C+ ~ BAh ~~~ ATtS fRR ~I ~ g lM S1RELi ~ ~ ~axxs -~--- Pf-ACRlTICS PARS PY-12ST BERYL PARR ~ ~ ~ P3-GIS7 A6RYL PARF y P<-R$'DRbL C°YYfJNl27' STREETS FOR SLURRY jy PS-CAVRCA PIRS ~ Aq y~T II ~\~ P6-BALPA LSIRS PARR S PdR85 FOR SS~L CGL4T o~A ONTARIO FT-_-P,-°LD '°'A P"'~ \` ~cwrn RwR I-fo rn¢vAV CITY OF RANCHO CUCAMONGA _: j r ~'+_~-' 2009-2010 PAVEMENT REHABILITATION-(SLURRY SEAL) AND ~'-, PARKING LOT RESURFACING (SEAL COAT) VICINITY MAP N.T.S. ~, P300 RESOLUTION NO. O9 19~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2009/2010 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING LOT RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS, CONTRACT N0.09-252 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the FY 2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal Coat) at Various Locations, Contract No. 09-252, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the Ciry Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT PL.~NNING DEP2,RTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner P301 RANCHO C,UCAMONGA Subject: DEVELOPMENT CODE AMENDMENT DRC2008-00825 - CITY OF RANCHO CUCAMONGA - A request to amend the Development Code, Chapter 17.26, Wireless Communications Facilities. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. RECOMMENDATION: Staff recommends that the City Council approve the second reading of Ordinance No. 821, amending Chapter 17.26, Wireless Communication Facilities, of the Development Code DRC2008-00625. , BACKGROUND: On September 2, 2009, staff provided an oral presentation to the City Council detailing the contents of the Ordinance No. 821, amending Chapter 17.26 of the Development Code. The purpose of the Ordinance is to amend the Wireless Communications Facilities section of the Development Code to reflect changes to the telecommunications law since its passage in 2001. The City Council unanimously approved the proposed Ordinance after the first reading. Respectfully submitted, James R. Troyer, AICP Planning Director JRT:JN/ge P302 ORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00625, REVISING REGULATIONS APPLICABLE TO THE INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES AND AMENDING CHAPTER 17.26 OF THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Because of changes in the State and Federal laws affecting the local agencies' ability to regulate the placement of wireless communication facilities, the City Council of the City of Rancho Cucamonga has determined that it is necessary to make certain revisions to the City's wireless communications facilities regulations, as set forth in Chapter 17.26 of the Rancho Cucamonga Municipal Code. 2. On August 12, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this matter and took action recommending adoption by the City Council of this Ordinance. 3. On September 2, 2009, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: The facts set forth in Recitals, Part A, of this ordinance are true and correct. SECTION 2:. 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 and will not have a significant impact on the environment. 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: The proposed amendment is consistent and in conformance with the General Plan by encouraging collocation of wireless communications facilities on existing infrastructure within the City. P303 SECTION 4: Chapter 17.26 of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Chapter 17.26 WIRELESS COMMUNICATIONS FACILITIES "Sections: 17.26.010 Purpose 17.26.020 Definitions 17.26.030 Development Criteria for All Wireless Communication Facilities 17.26.040 Approval of Minor Wireless Communication Facilities 17.26.050 Approval of Major Wireless Communication Facilities 17.26.051 Deployment of Temporary Facility 17.26.060 Height Criteria for Major Wireless Communications Facilities 17.26.070 Conditional Use Permit Required 17.26.075 Performance Standards 17.26.080 Variance 17.26.090 Revocation 17.26.100 Abandonment Section 17.26.010 -Purpose A. The purpose of these regulations and guidelines is to regulate the establishment of wireless communications facilities and thereby protect the public health, safety, general welfare, and quality of life in Rancho Cucamonga, while preserving the rights of wireless communications providers. The Rancho Cucamonga City Council has found and determined that these regulations and guidelines for wireless communications facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Rancho Cucamonga Development Code pertaining to communications facilities and to establish flexible guidelines for the governance of wireless communications facilities, which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Rancho Cucamonga. Wireless communications facilities are prohibited in the City of Rancho Cucamonga except as otherwise provided herein. Section 17.26.020 -Definitions Unless otherwise stated, the following definitions pertain to this Chapter: A ANTENNA: means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna' shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes. B BUILDING-MOUNTED: means mounted to the side of a building, to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. C CELLULAR: means an analog or digital wireless communication technology that is based on a system of intergonnected neighboring cell sites. COLLOCATED: means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. Ordinance No. 821 -Page 2 of 10 P304 G GROUND-MOUNTED: means mounted to a pole, monopole, tower, or other freestanding structure specifically construcfed for the purpose of supporting an antenna. M MAJOR WIRELESS COMMUNICATIONS FACILITY: means a wiretess communications facility that is ground- or roof-mounted or mounted in or on any public property including the public right-of-way. A major wireless communications facility also includes any wiretess communications facility that is non-stealth in design or exceeds the height limit of the district in which it is located. A Major Wireless Communications Facility does not include a wireless communications facility located on a public utility pole within a public right-of-way that meets the requirements of a Minor Wireless Communications Facility. MINOR WIRELESS COMMUNICATIONS FACILITY: means a wireless communications facility that is stealth in design and does not exceed the height limit of the district in which it is located, or building-, facade-, or wall-mounted and does not exceed the height of the parapet wall or roofline of the building. Aroof-mounted facility, which is screened by a solid material on all four sides and does not exceed the maximum height of the district, shall be considered a minor wireless communications facility. A wireless communications facility located on a public utility pole upon public property or within a public right-of--way located 300 feet or more from a residential zone, that is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95; Rule 94, or any successor provisions thereto, and that does not exceed the height limit for the zoning district, shall be considered a minor wireless communications facility. MONOPOLE: means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. MOUNTED: means attached or supported. P PERSONAL COMMUNICATION SERVICE: means digital low-power, high-frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. R ROOF-MOUNTED: means mounted above the eave line of a building. S STEALTH FACILITY: means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna. T TEMPORARY WIRELESS COMMUNICATIONS FACILITY: means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. U UTILITY POLE: means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. Ordinance No. 821 -Page 3 of 10 P305 W WIRELESS COMMUNICATIONS FACILITY: means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a Certificate of Public Convenience and Necessity, or a Wireless Registration Number by the California Public Utilities Commission, or otherwise provides wireless communications services to the public. Section 17.26.030 -Development Criteria for All Wireless Communication Facilities A. Screenin4and Site Selection Guidelines. Stealth facilities and concealed antennas are preferred. 2. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Planning Director, or as otherwise required herein. 3. Ground-mounted wireless communications facilities shall be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding for at (east 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City. 4. Wireless communication facilities shall be located in the following order of preference: a. Collocated with existing wireless communications facilities. b. On existing structures such as buildings, communication towers, or utility facilities. c. On existing signal, power, light, or similar kinds of poles. d. In industrial districts. e. In commercial districts. In residential districts, subject to additional restrictions set forth herein. 5. Major wireless communications facilities are not permitted to locate within 300 feet of any residential structure, within any residential district, or within 300 feet of any existing, legally established major wireless communications facility except as follows: a. When located on any existing non-residential building or structure, on any existing utility pole, or collocated on any existing wireless communications facility provided such location complies with all of the following: (i) the collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable State or Federal regulations; and Ordinance No. 821 -Page 4 of 10 P306 (ii) existing major wireless communications facility to be utilized for collocation shall previously be granted with a Conditional Use Permit or a Minor Development Review approval, including modification of an existing Conditional Use Permit or Minor Development Review; and (iii) all accessory equipment and enclosures shall be located underground, or screened from public view as approved in writing by the Planning Director; and (iv) unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation. b. The proposed facility will replace or modify an existing facility for purposes of co-location. For the purposes of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major-wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communications facility. B. Development Requirements. As part of the application process, each wireless communications facility applicant shall provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). Such documentation shall include a coverage map (before and as proposed), analysis of alternative sites, and report signed by an independent, licensed radio engineer that represents and establishes the following: a. A more preferable location, as determined by reference to Section 17.26.030.A.4, cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. b. The cumulative total levels of RF emissions from the proposed facility operating at the proposed power levels and frequencies, with all antennas in their proposed configurations, and taking into account RF emissions from all neighboring wireless facilities, will not exceed maximum permissible levels established by the FCC at any time. 2. Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seats or legally required signage. Ordinance No. 821 -Page 5 of 10 Pso7 3. All accessory equipment associated with the operation of the wireless communications facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the district in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. 4. Wireless communications facilities shall be subdued colors and non-reflective materials, which blend with the surrounding materials and colors. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the Planning Director establishing compliance with this subsection. C. Special Requirements for Collocation on Existing Wireless Communication Facilities. Notwithstanding any other provision of this Chapter 17.26, the collocation of a new wireless communications facility on an existing minor or major wireless communications facility that: (i} was approved after January 1, 2007 by discretionary permit; (ii) was approved subject to an environmental impact report, regative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless telecommunications collocation facilities, shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by the Development Code and/or the Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communications facility. The proposed collocation of a new wireless communications facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph, under Section 17.26.030C, may include: (i) new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless telecommunications collocation facility. The proposed collocation of a new wireless communications facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph, under Section 17.26.030C may not include: (i) more additional surface area of antennas than is being utilized by the existing wireless telecommunications collocation facility ,provided all antennas are colored and/or disguised to match the existing facility; Ordinance No. 821 -Page 6 of 10 P308 (ii) any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to co-locate the permitted antenna panels on the existing wireless telecommunications facility. Unless otherwise approved in writing by the Planning Director, and except as provided in this subsection C, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this chapter. Except as otherwise provided above, a Conditional Use Permit or a Minor Development Review shall be required when the proposed collocation facility: (i) increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communications facility; or (ii) adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or (iii) collocates on an existing legally permitted wireless communications facility that was approved on or prior to January 1, 2007; (iv) will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the Planning Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility. Section 17.26.040 -Approval of Minor Wireless Communications Facilities. Minor wireless communications facilities shall be subject to approval by the Planning Director pursuant to Section 17.06.020 Minor Development Review procedures of the Rancho Cucamonga Development Code. In considering applications for minor wireless communications facilities, the Planning Director shall be guided by both the provisions of Section 17.06.020 and this Chapter. However, in the event of any inconsistency in said standards, the provisions of this Chapter shall govern. The decision of the Planning Director shall be final unless appealed within 10 calendar days pursuant to Section 17.020.080 of the Rancho Cucamonga Development Code. Section 17.26.050 -Approval of Major Wireless Communications Facilities. Major wireless communications facilities shall be subject to approval by the Planning Commission. In considering applications for major wireless communications facilities, the Planning Commission shall be guided by the provisions of the Rancho Cucamonga Development Code and this Chapter. However, in the event of any inconsistencies in said standards, the provisions of this Chapter shall govern. The decision of the Planning Commission shall be final unless appealed in writing within 10 calendar days pursuant to Section 17.02.080 of the Rancho Cucamonga Development Code. Section 17.26.051 -Deployment of Temporary Facility. A temporary wireless communications facility may be deployed subject to approval by the Planning Director and the following: A permanent wireless communications facility has been approved for the property in question. Ordinance No. 821 -Page 7 of 10 P309 2. The temporary facility was approved as part of the Conditional Use Permit or Minor Development Review. 3. The facility is deployed for no more than 6 months, provided that two extensions may be granted by the Planning Director; however, the total period shall not exceed one year. Section 17.26.060 -Height Criteria for Major Wireless Communications Facilities. No wireless communications facility shall exceed the maximum building height for the applicable district unless the facility is utilized by two or more wireless communications providers pursuant to a Conditional Use Permit. The Planning Commission may consider approval of facilities proposed to exceed the maximum height limit subject to the review and approval of a Conditional Use Permit application pursuant to Section 17.04.030 of the Rancho Cucamonga Development Code. Section 17.26.070 -Conditional Use Permit Required Each major wireless communication facility for which an application is made during the term of this Chapter shall first receive final approval of a Conditional Use Permit in accordance with Section 17.04.030 of the Rancho Cucamonga Development Code. As a condition of issuance of a conditional use permit for a wireless communication facility utilizing property owned by the City, an applicant may be required to enter into a franchise, lease or license agreement, unless the property consists of public rights of way over which the applicant possesses rights pursuant to California Public Utilities Code Section 7901, or the applicant is otherwise exempt under state or federal law. Section 17.26.075 -Performance Standards. No wireless communication facility shall interfere with the public safety radio communications system, including, but not limited to, the 800 MHz trunking system. If such facility is found to interfere with the public safety radio system, it shall immediately cease operations until such time as the problem is resolved to the satisfaction of the City of Rancho Cucamonga. Section 17.26.080 -Variance. Any person may apply for a variance as to the requirements set forth herein pursuant to Section 17.04.040 of the Rancho Cucamonga Development Code. Section 17.26.090 -Revocation. Any approval granted pursuant to this Chapter may, after notice and hearing, be terminated for violation of any provisions of this Chapter or any other applicable laws, or for fraud or misrepresentation in the application process. Section 17.26.100 -Abandonment. A. A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communications services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. Ordinance No. 821 -Page 8 of 10 P310 B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communications facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business days of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The Planning Director shall schedule a hearing on the matter to be conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final. C. Any wireless communications facility determined to be abandoned and not removed within the 30 day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law." SECTION 5: 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 the /ollowing page for lOtmal adoption, ce,flllcatlon andslgnatures Ordinance No. 821 -Page 9 of 10 P311 PASSED, APPROVED, AND ADOPTED this 7th day of October 2009. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, 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 2"d day of September 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of October 2009. Executed this 8`h day of October 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Ordinance No. 821 -Page 10 of 10 P312 STAFF REPORT ENGINEERING DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Joseph Stofa Jr., Associate Engineer RANCHO C,UCAMONGA Subject: APPROVAL OF A "PERMIT PARKING DISTRICT" FOR THE RESIDENTIAL AREA IDENTIFIED AS "SKYLINE NEIGHBORHOOD" GENERALLY LOCATED NORTH OF ALMOND STREET AND WEST OF SAPPHIRE STREET ALSO KNOWN AS TRACT 10210 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving a Permit Parking District for the designated area and authorize the Mayor and the City Clerk to sign said resolution. BACKGROUNDfANALYSIS The Skyline Neighborhood residents have discussed with Council, Public Works Subcommittee, and staff, issues related to parking of vehicles belonging to visitors from outside the neighborhood and region. On September 28, 2009, Staff received a petition (attached) from the Skyline Neighborhood residents requesting permit parking. Upon review of the petition, it has been determined that 78 percent of the residents within the proposed Permit Parking District are in favor of permit parking. In addition, the proposed District consists of four blocks. These criteria meet the minimum requirements as set forth in the current ordinance. The proposed Permit Parking District to be established will be posted restricting all parking except by permit for seven days a week 24 hours a day. Any vehicle parked within this District without a permit is subject to being cifed, unless it is an exempt vehicle as defined by the Ordinance. The City's Municipal Code, Chapter 10.50, outlines the procedures for establishing a Permit Parking District•wheri requested by a neighborhood. The code also provides, once a Permit Parking District is established, for the City Engineer to create forms, rules and procedures necessary to manage a Permit Parking Program for a specific district. A draft of the forms, rules and procedures, including process and cost to obtain permits, have been reviewed with the Skyline neighborhood and Public Works Subcommittee. The forms, rules and procedures are attached to the Resolution establishing the Permit Parking District entitled Engineer's Recommendation and Report. In order to address the administrative issues of a permit parking system, staff has researched permit programs of other cities that have dealt with the myriad of issues successfully. Some of these issues include: the procedure for obtaining a permit/guest permit and the appropriate fee, the time frame in which permits will be enforced, permit replacement costs and procedures, etc. The staff research which included extensive discussions with staff in other jurisdictions has resulted in better insights for an effective program. P373 "PERMIT PARKING DISTRICT" FOR THE RESIDENTIAL AREA PAGE 2 OCTOBER 7, 2009 Respectfully submitted, .~-%' ~~\ Mark uer Director of Engineering Services/City Engineer MAS:JES/akt Attachments P314 YICINI TY MAP ~--- sv~ ~'FC ~' A R .EA t ar= n~ ~. ~, ;i ~ r. ~~ ~ ~~ ~~• ~~ ~ i ~ m p ,`~~IGSOUQF117rC,`ti rU.t.._,(~1_.1~~^'.: ~'" t W.i._.:._, ~. Ali, (~ ~ ~- -~ ~ ~ ~~ r __ _ J ~L...-~ - ~ .•~-~` _~~~ rl Y • ~ c= .~~_ ~,~ u__. . ~ ~~ ..~ 1,~~~ ^fiill:rtlr.~ Rd '...~' ~_ ~.... !~ n ~l _~ _,'L~ L,.......UJlls .y ~ .. ~. ~ ~ f ~ ~ f i. m ~~~i~ ~I ~I ~~': ~• ~ , j ~~ .~..-- ~'~~_ I _ . , ~~~ `~~ t~l~' _~li ~, ~~! ~~ ,^ , ~~, r ~ ; , ~~ ~ ~.. ~~. i .......- ` f @ afier~ ~~;'il t~ ,~~~ crfY of Rar~cHO cuca~o~,~a PET1TIt1N E~Hl~IT SKYLINE TRACT 1Q21fl P"GRMIT BARKING AREA P315 7y"~~^ 19 _ 30 ~~p ~ X51 _ ,rya! ~ 32 33 1 0 .31.2 ~~~ f~ ~ ~ aba7~+ O 4 ~ ° O oa "s t '~ ~=`~ b'~ °x ~ ~ 6B ~ tT °.~ . ~ ~. 9 ~ !5 ~ ~`'„ n~ J gybe"5t gCn~ r~~ 55L~ ~ ®~ ~ 28 7~, a° ~ ° ~ ~k. s ~ / n \' Yo c `F Q x 2! +~6 019 61G ec (4\4U Qb~r+ / N / M I.p J 3© / u 25 '/" 49 ~ c ~ I ~ ~6~124 ® tee' ''1. =nt ~`'a / ~l%g~~ n9~ ? \ 1 1,?.99 _ e ~\~b ~,,,,/ '~ a '77c 0 zss.a•r a_~ 23 ® q+ ~\ ~x 'Ax-,'~' ~' / ,~.ob ~8 Y B e '/r "\ / o. X05° .n ® {,1 ~ ' {bll~'~ ~ `~. $y1'E ~ /4,t. 39 ~ Pa GC 4 / ES~~ I r ,c\ a / qp ~° / ~6tR Sad. M {r 1 ~ ~ ~~ E91~" $ / 3®g ~ 'Cta ~ / PEPU n' ~ O~ ' ~ e Por.ln~/ ~ / 4°/.>° 9~ ~ N / ~ ~ !O >+ vat / ~ ~ e / °, 4 217.ta__ n.96 `9569 __ __ _ ~~ ~// _...__ ~ ~ M // r ~ pb~' 3o sa vy~, P.e± / 21K. .. //~ 111 t, 9 is IS S 1s lb ~ ®17, 2O ~ 14 Q POR LDi 1~ / s P ~ q V ~ . ^ s X06 az Ey95 / ~ /~ ° \~v a v w D j Streets lii+seaire Parkiine Permit: 24 HOURS - 7 DAYS A WEEK Crestview Place, Crestview Court, Skyline Road and Inspiration Drive * Denotes Participants That Signed Petition P316 PETITION FOR PERMIT PARKING n. Q In order io request the formation of a permit parking district, a minimum of 75% of the residents (one vote per address) located within the boundary of the proposed permit parking district must sign a petition agreeing to the formation of a permit parking district. One person needs to be named as the contact person or representative for the permit parking district request. After the minimum number of signatures have been collected, submit to the Engineering Services Depa~rtm/ent for processing. Name of Contact Person:~'~f=?`~~~ !V~(2L11~'S Telephone Number: _9Q9 ~~~~ `T7~(, Describe district boundaries: Days and hours in effect: ~v;~~ ~'l r~~-vi~i~ ~1' 10 11 12 13 I I 14 P317 PETITION FOR PERMIT PARKING In order to request the formation of a permit parking district, a minimum of 75% of the residents (one vote per address) located within the boundary of the proposed permit parking district must sign a peti#ion agreeing to the formation of a permit parking district. One person needs to be named as the contact person or representative for the permit parking district request. After the minimum number of signatures have been collected, submit to the Engineering Services Department for processing. Name of Contact Per on: Telephone Numb ~Og> ~~~ - ~'~Q Describe district boundaries: ~ C,i/~ ~ ~r) J ;~',~,Q~„~~}'~V f ~daJJ~ ~ l r~`~.-~!~~rl ~ f ~; T-~ . Days and hours in effect: e 2 W w h Name P318 PETITION FOR F'ERMI'f PARKING In order to request the formation of a permit parking district, a minimum of 75°l° of the residents (one vote per address) located within the boundary of the proposed permit parking district must sign a petition agreeing to the formation of a permit parking district. One person needs to be named as the contact person or representative for the permit parking district request. After the minimum number of signatures have bean collected, submit to the Engineering Services Department for processing. Name of Contact Per on: Telephone Numb Describe district boundari Days and hours in effect: 7 ~ - es: ~ c .t' ~ L P319 PETITION FOR PERMIT PARKING In order to request the formation of a permit parking district, a minimum of 75% of the residents (one vote per address) located within the boundary of the proposed permit parking district must sign a petition agreeing to the formation of a permit parking district: One person needs to be named as the contact person or representative for the permit parking district request. After the minimum number of signatures have been collected, submit to the Engineering Services Department for processing. Name of Contact Per on:p,~'~' Telephone Number~~~ Describe district boundari Days and hours in effect: 11 12 13 14 I lc ~~ir~. P320 PETITION FOR PERMIT PARKING In order to request the formation of a permit parking district, a minimum of 75% of the residents (one vote per address) located within the boundary of the proposed permit parking district must sign a petition agreeing to the formation of a permit parking district. One person needs to be named as the contact person or representative for the permit parking district request. After the minimum number of signatures have been collected, submit to the Engineering Services Department for processing. Name of Contact Person: Telephone Number: Describe districi boundari Days and hours in effect: es: ~- l ~ ~"7 Yd~-1! D K_ 1-,- ~ . t q (,j1 fi y'~ tf ~~ J~~,~,~-~ >r.) ~~~ ~?~'c~. y~.,~;~; P321 RESOLUTION NO. ~'~ 9 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A PERMIT PARKING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. Recitals. (1) Chapter 10.50 of the Rancho Cucamonga Municipal Code permits the establishment of a Permit Parking District in an area in which commuter vehicles (vehicles operated by persons whose destinations are to nonresidential areas or uses) substantially and regularly interfere with the use of the majority of available parking spaces for the use of residents. (2) Attached hereto as Exhibit A is an area, commonly referred to as the Skyline Tract and hereinafter referred to as "the Parking District" in which commuter vehicles occupied by persons who are in route to the Cucamonga Creek area for various recreational purposes substantially and regularly interfere with the use and availability of parking spaces in the Parking District. (3) Substantial evidence has been presented to this Council demonstrating that the persons referred to in Recital (ii) above, not only occupy a majority of the parking spaces in the Parking District, but also block access to the District's residences and driveways, generate significant noise, engage in hostile confrontations with those residents, deposit trash and litter within the Parking District and engage in public urination and exposure while changing clothes in that District and that these activities occur regularly in weekly and daily intervals. (4) It is the purpose of this Resolution to establish the Parking District as an area within which parking shall be limited at all times to parking by residents of that District, their guests and those persons exempt from that limitation pursuant to Rancho Cucamonga Municipal Code Section 10.50.100. (5) Pursuant to Rancho Cucamonga Municipal Code Section 10.50.040 the Residents' petition for a Permit Parking District shall be submitted before the City Council with the Engineer's Recommendation and Report which is attached hereto and made a part hereof. (6) All legal prerequisites to the adoption of this Resolution have been satisfied. B. Resolution. NOW, THEREFORE, it hereby is found, determined and resolved by the Council of the City of Rancho Cucamonga as follows: 1. This Council hereby finds that all of the facts stated in Part A of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council, the Council further finds and determines as follows: A. Commuter vehicles as defined in subsection 10.50.020A of the Rancho Cucamonga Municipal Code substantially and regularly interfere with the use of the majority of parking spaces for use of residents within the Parking District; P322 B. The interterence by commuter vehicles referred to paragraph 2A above occurs at regular and significant daily and weekly intervals; and C. The commuter vehicles referred to in Paragraph 2A above cause and are the source of unreasonable noise, traffic hazards, public urination and exposure and environmental pollution within the Parking District. D. A petition of the Residents of the proposed Parking Permit District as been received by the Engineer and said petition was confirmed to have more then 75% of the Residents agree with the Parking Permit District. E. No unreasonable displacement of commuter vehicles will result into surrounding residential areas. F. No alternative solution, other than the establishment of the Parking Permit District is feasible or practical. 3. Based on the+findings set forth in paragraph 2 above, the Parking District hereby is established as a Permit Parking District pursuant to the provisions of Chapter 10.50 of the Rancho Cucamonga Municipal Code and parking therein is restricted to those residents and their guests possessing permits issued by the Gity Engineer or his delegate and those exempt pursuant to Rancho Cucamonga Municipal Code Section 10.50.100. 4. The Engineer's Recommendation and Report has been submitted with the petition and the City Council accepts and approves said Recommendation and Report inclusive of Cost of Parking Permits. 5. The City Engineer hereby is instructed to immediately cause appropriate signs to be placed and posted within the Parking District indicating the parking limitations established by this Resolution and to implement and administer the permit process specified in Rancho Cucamonga Municipal Code Sections 10.50.070 and 10.50.080. 6. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED, AND ADOPTED this 7~' day of October, 2009. AYES: NOES: ABSENT: ABSTAINED: Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of October, 2009, and was finally adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of October, 2009. ATTEST: City Clerk of the City of Rancho Cucamonga P323 'EXHIBIT A SKYLINE TRAC'i' '!0210 PERMIT PARKING AREA 17 no ~ 19 ~ 19 ~ ~ ~ ` ~. 4qD~ ~«r'.1 . 32 - 33 © 7 4 ° 66 6 ~J T.2 ~. ~~ ~,~~4 O9 o OG6Y Y? ~. ~~ini ~N 16 O w 51 ~ ~- ~ c:~ a w 0 n 9 15 \ ° J g65~ ~~"~ r~~- 55 20 ,e~D \ s ~, n -r?may ` ^ 56 I ~C'' O ^ ~°/ 5~ " 21 tiba ba 26 ~ ~\6~ .l h i . 14 ~ ~ / 22 ~a ~ 25 ra 6! ° ~' ~ ~ . ~` Q2 / u9„ !~, 49 ,~ ~ i iav.aa ~~' 24 ® io ~b - ~ 4; s / E~ N ~r q: ' / y 13 ~ a ~ 4a - o / o ~.9 ~ ® °: ~ tjl)~' i'n t <1 ~~~ !o /~,5~ 39 ~~ Pof. GL4/ 555 306' k ~~' /t+' 6p\`'p $ 4p / 3~ g 12 47 96 ~~~ F ~W '' ~~ /ER c~7 ,'~"~ I ~ / of P s I I® -. g/ 6 Por.lu~ / ~ ~ ? Y, ' ~ ~ 10 :~ vs~ / { a T.. / v. / - -- -- -- -- ~ __ .nT / a.oi,NUas .y°s~ oa // Po21n ./// 9~6~ ~ ~e !5 ! is l6 y ®li O / 14 Q 4 voR.lai ~lA'9 z / / I~f `` ~ ~ ~ a ~ a B 0• ESN / + /~~~° o ~ V, • q o ~ `sit // l3 ~a W. 7` y M PONEP 0 / / ~67 ,ta „ Sa}~ ~ ~~~ k7~4 .t Streets Require Parking Permit: 24 HOURS - 7 DAYS A WEEK Crestview Place, Crestview Court, Skyline Road and Inspiration Drive 4 P324 i RANCHO iC,UCAMONGA ENGINEER'S RECOMMENDATION AND REPORT SEPTEMBER 28, 2009 PARKING PERMIT PROGRAM A Permit Parking Program allows residents of a qualified neighborhood special permits that exempt them and their guests from certain on-street parking restrictions. A Permit Parking District may be established by resolution of the City Council. ELIGIBILITY REQUIREMENTS THE CITY OF RANCHO CUCAMONGA Mayor DONALD J. KUR'TFL, M.D. Mayer PmTem L. DENNIti MICHAEL CoxnaJmemherr REX Go'r[ERIZEz SAM SI'AGNOLO DIANE NILLIAM$ Gry Manager JACK LAM, AICP for each vehicle that a parking permit is requested for. • Residents requesting the creation of a Permit Parking District must submit a petition signed by at least seventy-five percent (75%) of the residents or property owners within the boundaries of the proposed district. (One vote per address.) • The boundaries of a proposed Permit Parking District shall be reviewed and approved by the City Engineer. • An application for a parking permit may be made by any resident living within the boundary of an approved district. • The applicant must show proof of residence less than 30 days old, and proof of ownership RESTRICTIONS A parking permit does not exempt a vehicle from Section 10.44.130, "Storage of Vehicles upon Streets°, of the City of Rancho Cucamonga Municipal Code. According to Section 10.44.130, a vehicle may not park in the same parking space on a public street for more than seventy-two (72) consecutive hours. A parking permit does not exempt a vehicle from City Municipal Code Section 10.64.030 "Parking Restriction", of the City of Rancho Cucamonga Municipal Code. According to Section 10.34.030, it is unlawful for any person to park or store any house car, trailer, camp trailer, trailer coach, camper, or boat upon any public street or highway or alley within the City for longer than one hour between the hours of two AM and six AM on any day. 10500 Ctvic Ccnret Dr. • D.O. Nox 807 • Rancho Cucamonga, CA 91729 •'Cel 909 477-2700 • Pax 909 477-2849 • www.ci.rancho-cucamonga.ca.us Pncs2P325 TYPES OF PERMITS AND DISPLAY There are two types of parking permits available. There are permanent sfickers for owned vehicles and transferable guest parking permits. The "permanent sticker" parking permit for an owned vehicle shall be permanently affixed to the lower driver side of the inside of the rear window of the assigned vehicle. The transferable guest parking perrnit shall be hung from the inside rear view mirror. NUMBER OF PERMITS ALLOWED A maximum of 3 "permanent sticker" parking permits may be issued to residents of a single dwelling unit. A resident may request more than 3 "permanent stickerr parking permits for special circumstances. Special circumstances will be reviewed by the City Engineer. A resident will be allowed a maximum of 5 guest parking permits at any fime. EXPIRATION • Permanent parking permits for "owned vehicles" are valid for a period of 3 years. • Permanent parking permits for owned vehicles will expire on July 31, 2012, and every 3 years thereafter. • Guest parking permits are valid for a period of one (1) year. Guest parking permits will expire annually on July 31st. COST OF PARKING PERMITS • Parking permit for owned vehicles $10 for the first vehicle plus $2 for each additional vehicle (3 max) when registered all at the same time. • Guest parking permit (5 max) $10 each (refundable deposit) • Replacement of lost or stolen permits $10 each • Exchange of expired guest permit for a new permit Free • Parking permit for a new vehicle $10 each The cost of parking permits is based on the cost of materials and staff time to manage the program and for keeping records. Costs are subject to change. GUEST PARKING PERMITS • Each guest parking permit shall be numbered sequentially. The number of the guest parking permit issued to a resident shall be recorded and kept on file. • Guest parking permits may be returned, and the $10 deposit refunded at any time. • Expired Guest parking permits may be exchanged for current guest parking permits at no cost. • Only a resident of the permit parking district may apply for, return or exchange guest parking permits. 10500 Civic Centex Dx. • P.O. Box 807 • Rancho Cucamonga, CA 91729 • Tel 909 477-2700 • Fax 909 477-2849 • wwm.ci-rancho-cucamnonga.ca.us PncB3P326 SPECIAL EVENTS If a resident desires more than 5 guest parking permits for a special event, the resident may apply for a special event permit that will temporarily suspend the need for visitors to display a parking permit. Staff may require that the resident fulfill special conditions, such as notifying neighbors of the special event, and bagging the permit parking district regulation signs. TO OBTAIN A PARKING PERMIT You may obtain a parking permit in person Monday through Thursday, 7:00 AM to 6:00 PM at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 or by mailing a copy of your information to: City of Rancho Cucamonga Attention: Parking Permit Coordinator P. O. Box 807 Rancho Cucamonga, CA 91730 Residents must provide proof of residency less than 30 days old in one of the following forms: Current utility bill, bank statement, credit card bill, or other bill statement that was sent through the mail on a monthly billing cycle Rentaltlease agreement signed within the last 30,days Proof of property ownership, tax bill or new escrow papers Residents must also provide a copy of the following: • Valid Driver's license. • Copy of the vehicle registration (Note: the resident must be the registered owner). • Company cars not registered to you require a letter from the registered owner authorizing you to use the vehicle and referencing the vehicle`s license plate number. • Vehicles registered to family members other than the home owner need a letter from the homeowner identifying them as a family member. 10500 Civic Center Dr. • P.O. Box 807 • Rancho Cucamonga, CA 91729 • Tel 909 477-2700 • Fax 909 477-2849 • www.ci-rancho-cucamnonga.ca.us PAGE aP327 FINE FOR PARKING VIOLATIONS Fine per violation $30 (Fines are subject to change) ENFORCEMENT OF PERMIT PARKING DISTRICTS To request enforcement of permit parking signs, residents should call the City's Police Department at (909) 477-2800. For additional information about the City's Permit Parking Program, please call the City's Engineering Division at (909) 477-2740. 70500 Civic Center Dc • P.O. Box 807 • Rancho Cucamonga, CA 91729 • Tel 909 477-2700 • Fax 909 477-2849 • www.d-rancho-cucamnonga.ca.us P328 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: October 7, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services Linda L. Daniels, Acting Deputy City ManagerJCommunity Development By: William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Subject: APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO, 4-R TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 4; 2) THE LEVY OF ANNUAL ASSESSMENTS; 3) PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT; 4) A RESOLUTION PRELIMINARILY APPROVING THE ASSESSMENT .ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS; AND 3) SETTING A TIME AND PLACE FOR A PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES. ' It is recommended that the City Council approve: 1) a resolution to initiate proceedings for the formation of Landscape Maintenance District No. 4-R to replace Landscape Maintenance District No. 4; 2) the levy of annual assessments; 3) preparation of an Assessment Engineer's Report; 4) a resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments; and 5) setting a time and place for a public hearing including the initiation of assessment ballot procedures. BACKGROUND Landscape Maintenance District (LMD) No. 4 was first formed in 1984. At the time of formation it consisted of 250 parcels, totaling 37 acres of land. Subsequently, the boundaries of the LMD were expanded through annexation until it reached its present day size of 3,826 parcels and 760.98 acres in 2009. LMD 4 currently consists of 2,652 single-family residential parcels, 4,341 multi-family units, 74 commercial parcels and 13 parcels which are vacanUundeveloped. The boundaries of the district are generally described as that area located north of Foothill Boulevard, west of Rochester Avenue, east of Haven Avenue, south of Baseline Road and includes the northeast comer of Baseline Road and Haven Avenue. The last time assessment rates within LMD 4 were increased were 1993 -16 years ago. The rates were increased by the City Council in 1993 due to utility rate increases and increased landscape areas to maintain. The City Council is not currently authorized to increase assessments within LMD 4 for inflation pursuant to a consumer price escalator. When the assessment rates were last increased, Proposition 218, "The Right to Vote on Taxes Act° did not yet exist. Proposition 218 now P329 LMD N0.4- INl'1'IA'1'E PROCGGllINGS POR POIiA4A'1'lON OR LMD 4R OCl'OBGR 7, 2009 Pncli 2 prohibits increases in assessments, without submitting the. proposed increases to the property owners within the affected LMD in an assessment ballot procedure. The improvements maintained by the District include the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the Terra Vista Planned Community. These improvements are located within the street right-of-ways, dedicated public easements and paHcs which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including those within the parks and paseos includes but is not limited to, skating, restroom, picnic and playground facility maintenance, fence repair and replacement, irrigation and lighting systems control, adjustment, repair and replacement, and sport field maintenance. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements operational and in a safe, healthy, vigorous and satisfactory condition. The 38 acres of parks consist of Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. ' On August 5, 2009 the City Council directed staff to begin Proposition 218 Assessment Ballot Procedures for landscape Maintenance District (LMD) No. 4 to increase assessments in order to cover the increases in the costs of maintaining the authorized improvements within LMD 4. The City retained the services of NBS to prepare the Engineer's Report and the assessment ballots in accordance with the Assessment Law (collectively, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and the Landscaping and Lighting Act of 1972) for LMD 4. It was determined that in order to be in compliance with the Assessment Law, it was necessary to form a new replacement district rather than to simply increase assessments within LMD 4. This replacement district will be known and designated as Landscape Maintenance District No. 4-R. It should be noted that if this proposed replacement district is not approved when the assessments ballots are counted then the existing LMD 4 remains in place. Staff mailed flyers to all the property owners of record within LMD 4 inviting them to two community meetings. Attached is a copy of the flyer -Exhibit "A". The first meeting was held at Terra Vista Elementary School, 7497 Mountain View Drive on August 26, 2009 from 6:30pm to 8:30pm. The second meeting was held at Ruth Musser Middle School, 10789 Terra Vista Parkway on September 23, 2009 from 6:30pm to 8:30pm. At each meeting staff presented a PowerPoint overview and encouraged and welcomed feedback from the residents. One example is the residents' feedback that they were not adequately informed ahead of time of the issues in their district. In response to that feedback, staff will be implementing a rotating schedule of community meetings not just for LMD 4-fit but for all 11 LMDs in the City. Additionally staff placed all documents on the City's website and also created an LMD a-mail address LMD(c~cityofrc.us along with a dedicated phone line (909) 477-2700 extension 2585. LMD 4-R Details Each of the parcels within a landscape maintenance district must receive special benefit from the improvements in order to be assessed. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements is identified and the proportionate P330 LIv1D N0.4 - INI'1'IA1T I>ROCE)rUINGS FOR I+ORMA'rION OF LMll 4R OcroscR 7, 2009 Pncr.: 3 special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family residential parcel as the basic unit of assessment. A method has been developed to convert other land uses to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family residential parcel. Commercial and industrial parcels have been assigned a value of 3.25 EDU's per acre to represent the special benefit received bythose parcels relative to the typical single family residential parcel. Vacant parcels are assigned a lesser EDU value than single family parcels because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned a lesser EDU value than single family parcels in recognition of the limited benefit they receive from the improvements maintained by the District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels. Staff has developed the following table that compares the current assessment to the proposed new maximum assessments for LMD 4-R and illustrates the information noted above: ASSESSMENT CATEGORIES CURRENT MAXIMUM ASSESSMENT PROPOSED LEVEL "B" MAXIMUM ASSESSMENT Single Family Dwelling $252.00 $380.00 Condominiums $222.00 $304.00 Multi-family per unit $222.00 $266.00 Commercial/Industrial $328.99 $1,235.00/acre Vacant (incl. all undeveloped property) $37.12/acre $95.00/acre Schools $------- $95.00/acre As noted above, based on feedback received from residents, staff is recommending a maximum assessment that corcesponds with a "B" level of service. In addition, it is recommended that to keep pace with future increases for utilities, material and labor costs, a consumer price index adjustment provision also be included. Each fiscal year beginning with Fiscal Year 2011/12, the maximum allowable assessment amount could be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the district in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. Based on the requirements of Assessment Law, if City Council approves the Resolutions assessment ballots will be mailed on October 14, 2009 to the property owners located within the P331 LIvID N0.4- INl'I'In'1'G PROCP:IiUINCS hOR PORMA'1'ION OP LMU 4K OC'1'OBL•'R 7, 2009 Pncr 4 boundary of LMD 4-R. who will be asked to indicate whether they are in favor of or opposed to the proposed new maximum assessment rate as identified above, as well as described in the Engineer's Report. The property owners will have 45 days to return their ballots. The City Council will then hold a public hearing on December 2, 2009, on the matter of the assessments proposed to be levied within LMD 4-R. In order to be counted, property owners' assessment ballots must be received by the City prior to the close of the public~hearing. Following the conclusion of the public hearing, the assessment ballots will be tallied. Each ballot is weighted by the amount of the proposed assessment they would pay. If a majority of the weighted ballots returned supports the proposed assessment for LMD 4-R a majority protest will not exist and the City Council will have the authority to confirm the assessments and approve the Engineer's Report and approve and adopt the appropriate Resolutions to levy and collect assessments beginning in Fiscal Year 2010/2011. If however, a majority of the weighted ballots returned opposes the proposed maximum assessment a majority protest will exist and the City Council will not have the authority to confirm the assessments and approve the Engineer's Report and will approve and adopt the appropriate Resolutions that a majority protest to the proposed maximum assessment exists and that the proceedings to form LMD 4-R and to levy the proposed maximum assessment are abandoned and the original LMD 4 remains in effect. Staff would return in January/February of 2010 with a new report discussing the options available to the District if this should occur CONCLUSION Staff is recommending that City Council approve: 1) a resolution to initiate proceedings for the formation of Landscape Maintenance District No. 4-R to replace Landscape Maintenance District No. 4; 2) the levy of annual assessments 3) preparation of an Assessment Engineer's Report; 4) a resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments; and 5) setting a time and place for a public hearing including the initiation of assessment ballot procedures. Attachments Exhibit "A" Resolutions Engineer's Report Ballot and Instructions P332 EXHIBIT "A" CITY OF RANCHO CUCAMONGA -~ LANDSCAPE MAINTENANCE DISTRICT (LMD) No. 4 INFORMATION RAnrcEto C,'UCAMONGA ~ a a Landscape Maintenance District 4 ~ E l~k:V...... ~~ 2'~+ 9€€ ~ ~ 2 d S ~-.~~ . ~ m ___ ~ a ~ a F Fllaslee Re ~ g I ~ Wason nv-,. Barryan St ` ~ `_ ~ ,~ 79V1 SI ,'" _. Base Lire Rd Ba% Ltte Re U Faolhlll BI Foollial BI Fvrow Rt (Arrow Rt etn st ~~_ Legen d a (7 E ~~ 9 ~ > 4lh St _ y ~ ~ a' ~ Cny Limns ~ K LMD4 4N Sl < v m ~ ~ a a _ _ -- _- - ~ W 050.250 0.5 1 1,5 WHAT IS AN LMD? An LMD is a financing vehicle which can be used to pay the costs of the construction and/or maintenance of public improvements. Created pursuant to the State of California Landscaping and Lighting Act of 1972 (the "1972 Act"), the LMD applies to all developed and/or undeveloped properties based on special benefit to the property from landscaping improvements in the LMD. There are a number of LMDs in the City, for specific areas. Your property is in LMD 4; the boundaries of which are noted above. HOW IS AN LMD FUNDED? LMDs are governed by the legal requirements of Proposition 218 (Article XIIID of the California Constitution) and the provisions of the l 972 Act. Each year the City levies an assessment on each parcel within each LMD through the County's Tax Assessor's Office. Annual assessments are paid as part of a line-tem on individual property tax bills. Rates in LMD 4 have not increased since 1993, several years prior to Proposition 218. WHAT DOES MY ASSESSMENT COVER? The assessments collected are intended for use within the boundaries of each LMD and cover: landscape and tree maintenance contracts, mowing contracts, sports field maintenance, sports field maintenance and back flow testing along with paint, trail maintenance and repair, vandalism and graffiti repair, security and site lighting, a portion of city staff salaries benefits (administration and field). P333 HAVE THERE BEEN INCREASES IN THE COSTS TO MAINTAIN THE LMDs? • Yes. While the assessments have not increased in LMD 4 since 1993, during that same time water costs have increased 96% and aze expected to increase another 12% before June 2010. Electricity increases occur on a regulaz basis and the costs of parts, materials and labor have increased over 40% since 1993. These increases have recently caused the level of service in LMD 4 to be lowered from an "A" to a "C" level to stay within the revenue collected annually. WHAT IS THE PROCESS? • Proposition 218, the "Right to Vote on Taxes Act" passed by California voters in November 1996, prohibited public agencies from increasing assessment rates without first submitting them to property owners for approval in an assessment ballot process. Property owners have the opportunity to indicate their desired assessment and level of maintenance through the assessment ballot process. On August 5, 2009 the City Council authorized staff to commence Proposition 218 ballot procedures within LMD 4 to allow property owners to vote on the level of service they want to pay for. Ballots will be mailed on October 14, 2009 and they will be tabulated at the December 2, 2009 City Council meeting. To discuss al/ these items, and provide your feedback, p/ease plan on attending the community meeting: August 26, 2009 6:30 PM to 8:30 PM TERRA VISTA ELEMENTARY SCHOOL 7497 Mountain View Drive Rancho Cucamonga, CA 91730 Questions: City of Ranch Cucamonga 909-477-2700 ext. 2585 LMD@cityofrc. us RdNGH0 CuGAMONGA P334 RESOLUTION NO,_ ©q' j ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 4-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 4, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT. WHEREAS, on June 20, 1984 by Resolution No. 84-187, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "landscape Maintenance District No. 4", (hereafter referred to as "LMD 4"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID"j and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Lain'), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 4-R ("LMD 4-R") to replace LMD 4 and the levy of assessments within LMD 4-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, if the levy of the proposed assessments within LMD 4-R are not approved by the property owners, the existing LMD 4 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 4 assessments; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the proposed assessments to be levied in LMD 4-R and to prepare and file a report for LMD 4-R with the City Clerk in accordance with Assessment Law. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The City Council hereby proposes to form LMD 4-R to replace LMD 4 and to levy assessments within LMD 4-R to pay for increased costs to service and maintain improvements within LMD 4-R. All maintenance and service items are detailed in the Engineer's Report. 2. The City Council hereby orders NBS to prepare and file with the City Clerk the Engineer's Report concerning the proposed assessments within LMD 4-R, which will take effect for Fiscal Year 2010/11 and subsequent years, if approved by the property owners, in accordance with the requirements of the Assessment Law. P335 APPROVED and ADOPTED this day of 2009. Donald J. Kurth, M,D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds, City Clerk P336 RESOLUTION NO. ©l"~'iq A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO: 4-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, on June 20, 1984 by Resolution No. 84-187, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("7972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 4", (hereafter referred to as "LMD 4"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIIO and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 4-R ("LMD 4-R") to replace LMD 4 and the levy of assessments within LMD 4-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report for the levy and collection of annual assessments within LMD 4-R. NBS has determined that in order to comply with the Assessment Law, it is necessary to form a new, replacement district; and WHEREAS, the replacement Landscape Maintenance District is to be known and designated as "Landscape Maintenance District No. 4-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved by the property owners, the existing LMD 4 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 4 assessments; and ' WHEREAS, at this time the City Council desires to declare its intention to form the District and to provide for the levy and collection of annual assessments, beginning with the next ensuing fiscal year, to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements (defined below) within the District; and WHEREAS, the Engineer's Report has been filed with the City Clerk and submitted to this City Council in accordance with the Assessment Law; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented and is preliminary satisfied with the proposed formation, each and all of the budget items and documents as set forth therein and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services within the District as set for in said Engineer's Report. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. That the Engineer's Report as presented, consisting of the following: a description of improvements, the estimated costs of improvements, a diagram for the District and the District assessment roll containing the Fiscal Year 2010/11 levy for each Assessor's parcel within the District, is P337 hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. 2. It is the Intention of the City Council to order the formation of the District and to levy and collect assessments to pay the annual costs and expenses for the maintenance and servicing of improvements within said District. The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees (on selective streets as detailed in the Engineer's Report), parks, landscaped sites and appurtenant facilities that are throughout the Terra Vista Planned Community. These improvements are located within the street right-of-ways, dedicated public easements and parks which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the parks and irrigation systems, includes but is not limited to, grading and replacement of trail surtacing, trail fence repair and replacement, and irrigation systems control, adjustment, repair and replacement. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. The 38 acres of parks consist of Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. 3. The proposed District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of Foothill Boulevard, west of Rochester Avenue, east of Haven Avenue, south of Base line Road and includes the northeast corner of Base Line Road and Haven Avenue. 4. The Engineer's Report as preliminarily approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to the Engineer's Report for a full detailed description of the improvements to be maintained, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. 5. Notice is hereby given that a Public Hearing is scheduled to be held at the City of Rancho Cucamonga, Council Chambers, 10500 Civic Center Drive, California on December 2, 2009 at 7:00 pm. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements or written communication made or filed by any interested person in regards to the proposed District. 6. The City Clerk is hereby directed to give notice of the Public Hearing by mailing the Notice of Public Hearing and Assessment Ballot Procedure and filing of the Engineer's Report, together with the assessment ballot materials to the record owners of all real property proposed to be assessed in accordance with Section 53753 of the Government Code and Section 4 of Article XIIID of the California Constitution. P338 APPROVED and ADOPTED this day of 2009. Donald J. Kurth, M.D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds, City Clerk City of Rancho Cucamonga Landscape Maintenance District No. 4-R (Terra Vista Planned Community) Fiscal Year 2010111 Engineer's Report October 2009 Submitted by N Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 800.676.7516 BIS Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 800.434.8349 P339 P340 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT N0.4-R 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2755 c-TY couNCIL Donald J. Kurth, M.D., Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF Jack Lam, AICP, City Manager Pamela S. Easter, Assistant City Manager John R. Gillison, Deputy City Manager/Administrative Services Linda D. Daniels, Acting Community Development Director William Wittkopf, Public Works Director Jeffrey Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III NBS Pablo Perez, Client Services Director K. Dennis Klingelhofer, P.E., Assessment Engineer Tiffany Ellis, Financial Analyst P341 TABU` OF CONTENTS 1. ENGINEER'S LETTER 2. INTRODUCTION 1-1 2-1 2.1. Background of Distriet ..................................................................................2-1 2.2. Reason for Proposed Assessment ...............................................................2-1 2.3. Process for Proposed Assessment ..............................................................2-2 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District .................... ............................ 3-1 3.2. Description of Improvements and Services ...................... ............................ 3-1 3.3. Map of Improvements ...................................................... ............................ 3-7 3.4. Level of Maintenance Services Provided ......................... ............................ 3-8 4. ESTIMATE OF COSTS 4-1 4.1. District Budget ..............................................................................................4-1 4.2. Definitions of Budget Items ..........................................................................4-2 5. METHOD OF ASSESSMENT 5-1 5.1. General ....................................................................... .................................5-1 5.2. Special Benefit ............................................................ ................................. 5-2 5.3. General Benefit ........................................................... ................................. 5-2 5.4. Method of Assessment Spread ................................... ................................. 5-2 5.5. Cost of Living Inflator .................................................. ................................. 5-4 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 P342 1. ENGINEER'S LETTER WHEREAS, on June 20, 1984 by Resolution No. 84-187, the City Council of the City of Rancho Cucamonga (the "City"), State of Califomia, under the Landscaping and Lighting Act of 1972 (the "1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 4", (hereafter referred to as "LMD 4"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for LMD 4 so that property owners may approve increased funding for the maintenance of improvements which provide special benefit to them; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report. The purpose of the proposed assessment covered in this Engineer's Report is to replace the existing LMD 4 assessment for Fiscal Year 2010/11 and all subsequent years, and includes the reason for the proposed assessment, identifies the parcels upon which the assessment is proposed for imposition, and presents a basis upon which the assessment is to be calculated; and WHEREAS, the replacement Landscape Maintenance District, if approved by the property owners, is to be known and designated as 'Landscape Maintenance District No. 4-R", (hereafter referred to as the °District°). If the proposed replacement District is not approved, the existing LMD 4 shall remain in place and the City may continue to curtail services to match the revenues provided by the existing LMD 4 assessments. NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment, based on the service level known as "B" Service Level. Please refer to Section 3.4 of this report for a description of "B" Service Level. SUMMARY OF ASSESSMENT Fiscal Year 2010111 As Preliminary A roved Fiscal Year 2010/11 As Confirmed by Council Personnel Costs $1,164,450.00 Operations & Maintenance Costs 1,223,840.00 Capital Projects Reserve Collection 30,000.00 Operating Reserve Collection 14,240.29 Rounding Atljustment (0.37) Estimated Costs and Expenses $2,432,529.92 Total District EDU Count 6,401.3955 Maximum Allowable Assessment Per EDU $360.00 Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 1-1 Prepared by NBS -Fiscal Year 2010/11 P343 In making the assessments contained herein pursuant to the Assessment Law: 1. I identified all parcels which will have a special benefit conferred upon them from the improvements described in Section 3.2 to this Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Section 6 of this Engineer's Report. 2. I have assessed the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such assessment: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. K. Dennis Klingelhofer, P.E., Assessment Engineer Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 1-2 Prepared by NBS -Fiscal Year 2010/11 P344 2. INTRODUCTION 2.1. Background of District LMD 4 was formed in 1984 to finance the maintenance and operation of various landscaping improvements located within the boundaries of the district. At formation LMD 4 consisted of 250 parcels totaling 37 acres of land. Subsequently, the boundaries of LMD 4 were expanded through annexation until it reached Hs present day size of 2,651 single family residential parcels, 1,036 condominium units, 3,306 multi-family units, 74 commercial~ndustrial parcels and 20 parcels which are vacanf/undeveloped. The last time assessment rates within LMD 4 were increased was in 1993, prior to the implementation of Proposition 21 t3. 2.2. Reason for Proposed Assessment Approval of the proposed assessment covered by this Engineer's Report will generate the revenue necessary to: A. Provide for the continued maintenance and servicing of the improvements described in Section 3.2. Maintenance may include but is not limited to, all of the folbwing: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as parks, paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of water for the ircigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping, park and recreational facilities or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. 8. Provide the means to pay for the increased cost of maintenance for all services currently provided. Currently, the assessment revenues generated based upon the existing assessments are not sufficient to pay for the costs of maintenance, tabor, material and supplies, electricity, water and other items necessary for the satisfactory operation of the improvements. The City was required to significantly reduce the LMD 4 Reserve Fund during the past year to offset the deficit in the assessment revenues in order to pay for the total costs to maintain the improvements at a °C" Service Level. Without increased assessments it will be necessary to further reduce the level of maintenance provided, thus jeopardizing the appearance of the landscaping improvements. The proposed assessment is necessary to provide the funds needed fora "B" Service Level of maintenance within the District. Please refer to Section 3.4 of this report, for a description of "B" Service level. C. To add an annual cost of living inflator. Currently, LMD 4 does not have an annual cost of living inflator included in the method of assessment. The establishment of an annual escalation clause is necessary in order to help ensure that the District can continue the level of maintenance in future years as costs increase due to inflation or due to the increased cost of utilities beyond the City's control. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 2-1 Prepared by NBS -Fiscal Year 2010/11 P345 2.3. Process for Proposed Assessment The City cannot increase assessments within the District without complying with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to increase the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposdion exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed increase replacement assessments designated as Landscape Maintenance District No. 4-R. If there is a majority protest, as described above, the City will continue to levy the existing LMD 4 assessments. landscape Maintenance District No. 4-R -City of Rancho Cucamonga 2-2 Prepared by NBS -Fiscal Year 2010/11 P346 3. PLANS AND SPECIFICATIONS The District provides for the continued administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of Foothill Boulevard, west of Rochester Avenue, east of Haven Avenue, south of Base Line Road and include the northeast corner of Base Line Road and Haven Avenue. 3.2. Description of Improvements and.Services The improvements maintained by the District the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the Terra Vista Planned Community. These improvements are located within the street rightof-ways, dedicated public easements and parks which are within the boundaries of fhe District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turt. Maintenance of associated improvements, including those within the parks and paseos, includes but is not limited to, skating, restroom, picnic and playground facility maintenance, fence repair and replacement, and irrigation and lighting systems control, adjustment, repair and replacement and sport field maintenance. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and in a safe, healthy, vigorous and satisfactory condition. The 38 acres of parks consist of Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or tow water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: The street trees within the residential parkways and tree maintenance easements to be maintained by the District are on the following streets, located within the boundaries of the District: Amiata Dr Bastia Ct Blackhorse Ct Brandywine PI Bunkerhill Dr Cedarbrook PI Chesterton Dr Claridge PI Clarisa PI Corsica Ct (Countryview to Milliken) Countryview (Mt. View to Palacio) Covington PI Danbury Dr Danner Ct De Anza Dr Derby PI Downing Ct Ellena Wy (s/o Terra Vista to Fitzpatrick) Emery PI Fitzpatrick Dr Fulbourn Ct Hinton Ct Linaro Rd Meyers Dr Potomac Ct Radcliff PI Regent Dr Rockingham Ct Sarzanza PI Southhampton Ct Terra Vista Pky (Church to Brandywine) Wellington PI Yorktown Ct Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-1 Prepared by NBS -Fiscal Year 2010/11 P347 The breakdown of maintained areas is as follows: Site # Descriotive Locations N-1 The Base line median from Haven to the Deer Creek Channel. Ground Cover area: 2769 square feet Turf area: 1y478 square feet Due to the location of the improvements, an additional 2,769 square feet of ground cover area and 1,478 square feet of turf area of the median are maintained by the City, however that portion is not funded by the District and instead funded by the City's General Fund. N-2 The Base Line median from Spruce to Deer Creek Channel. Ground Cover area: 749 square feet Turf area: 1y98 square feet Due to the location of the improvements, an additional 2,749 square feet of ground cover area and 1,598 square feet of turt area of the median are maintained by the City, however that portion is not funded by the District and instead funded by the City's General Fund. N-3 The Base Line median from Spruce to Milliken. Ground Cover area: 5247 square feet Turf area: 4~ square feet Due to the location of the improvements, an additional 5,247 square feet of ground cover area and 4,289 square feet of turf area of the median are maintained by the City, however that portion is not funded by the District and instead funded by the City's General Fund. N-4 The south side of Base Line from 800 feet east of Spruce to Milliken. The cul-de-sac at the north end of Cascade. Ground Cover area: 9y78 square feet Turf area: 72.659 square feet N-5 The north side of Terra Vista Parkway from Belpine to 112 feet west of Butterfield; Terra Vista Parkway median from Spruce to Milliken and the south side of Terra Vista Parkway from 164 feet west of Belpine to Belpine. Ground Cover area: 13.411 square feet Turt area: 6~ square feet N-6 The north side of Terra Vista Parkway from Spruce to 175 feet north of Countryside and Terza Vista Parkway median from Church to Spruce. Ground Cover area: 17.991 square feet Turf area: 11.413 square feet N-7 The north side of Church from the Deer Creek Channel to Terra Vista Parkway. The west side of Terra Vista Parkway from Church to 175 feet north of Countryside. Ground Cover area: 9924 square feet Turt area: Sy378 square feet N-8 The southeast corner of Church and Haven; the Church median from Haven to Terra Vista Parkway and the wash end on the Northwest corner of the Deer Creek Channel and Church. Ground Cover area: 26.876 square feet Turt area: 2,306 square feet Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-2 Prepared by NBS -Fiscal Year 2010/11 P348 N-9 The Church median from Terca Vista Parkway to Elm. Ground Cover area: 3y749 square feet N-10 The east side of Valencia from Base Line to the pre-school; the south side of Augusta from Valencia to Meadow lark and the west side of Summerfield from Valencia to Evergreen. Ground Cover area: 20.818 square feet Turf area: 18.834 square feet N-11 The paseo at Parkside and Clover from Parkside to the Deer Creek Channel. Ground Cover area: 2y795 square feet N-12 The east side of Haven from the pre-school to the Southern Pacific Railroad. Ground Cover area: 8,170 square feet Turf area: 2~ square feet N-13 The east side of Spruce from Elm to Mountain View; the north and south sides of Norfolk from Spruce to Cardiff; the south side of Mountain View from Spruce to 290 feet east of Belvedere and the paseo from Spruce to Countryview. Ground Cover area: 8459 square feet Turf area: 3~ square feet N-14 The south side of Mountain View from 290 feet east of Belvedere to 590 feet east of Fairhaven; the paseo south of Mountain View between Belvedere and Fairhaven to Country View and from Countryview Drive to West Greenway Corridor. Ground Cover area: 19.030 square feet Turf area: 8430 square feet N-15 The north side of Mountain View from 634 feet west of Biarritz to Milliken. Ground Cover area: 4,171 square feet Turf area: 4y738 square feet N-16 The west Greenway Corridor from the northeast corner of Elm and Spruce to West Greenway Park. Ground Cover area: 15.529 square feet Turf area: 20.884 square feet N-17 The west side of Milliken from 585 feet north of Mountain View to Mountain View: Ground Cover area: 5~ square feet Turt area: 33554 square feet N-18 The south side of Mountain View from approximately 250 feet west of Claridge to Terra Vista Parkway. The south side of Terra Vista Parkway from Mountain View to East Greenway Corridor. Terra Vista Parkway from Mountain View to East Greenway Corridor. Ground Cover area: 18.316 square feet Turt area: Sy944 square feet N-19 The Terra Vista Parkway median from Milliken to Mountain View. The north side of Terra Vista Parkway from 68 feet north of Addison to Mountain View. The west side of Mountain View from Grapevine to Terra Vista Parkway. Ground Cover area: 20.306 square feet Turf area: 3888 square feet N-20 The Church median from Milliken to 675 feet east of Milliken. Ground Cover area: 2860 square feet Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-3 Prepared by NBS -Fiscal Year 2010/11 P349 N-21 The Church median from Milliken to Spruce. Ground Cover area: 16 11 square feet Turf area: 335 square feet N-22 The Milliken median from Mountain View to Foothill. Ground Cover area: 16.436 square feet N-23 The Milliken underpass from West Greenway Park to Milliken Park. Ground Cover area: 19.271 square feet Turf area: 22.139 square feet N-24 The east side of Haven from 145 feet south of Creekbridge to 600 feet north of Creekbridge; the north side of Creekbridge from Brookside to Haven and the paseo from Creekbridge and Brookside to the Deer Creek Channel, Ground Cover area: Sy 51 square feet Turf area: 9y965 square feet N-25 The east side of Haven from 145 feet south of Creekbridge to 410 feet south of Creekbridge. Ground Cover area: 3~ square feet Turf area: 1y677 square feet N-26 The paseo at Plymouth south of Essex from Plymouth to the Deer Creek Channel. Ground Cover area: 1156 square feet N-27 The paseo from Terra Vista Parkway to Windsong and from Windsong to Plymouth. Ground Cover area: 2270 square feet Turf area: 2y731 square feet N-28 The paseo at 7552 Hardy. Ground Cover area: 630 square feel Turf area: 733 square feet N-29 The East Greenway Corridor from Milliken Park to Terra Vista Parkway, including the turf area at the entrance to Tract 16157. Ground Cover area: 17.780 square feet Turf area: 52.403 square feet This site had a turf addition of 925 feet on 12/14/05. N-30 The Milliken Median from Mountain View to Base Line. Ground Cover area: 11.890 square feet N-31 The paseo from Elm to West Greenway Park. Ground Cover area: 4770 square feet N-32 The Greenwich paseo from Greenwich to Muirfield. Ground Cover area: 1~ square feet N-33 The south side of Mountain View from 430 feet west of Country View to Country View. Ground Cover area: 3434 square feet Turf area: 1y863 square feet N-34 The south side of Terra Vista Parkway from 390 feet west of Belpine to Belpine. Ground Cover area: 1~ square feet Turf area: 1y 87 square feet Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3.4 Prepared by NBS -Fiscal Year 2010/11 P350 N-35 The Trail Northeast of Ruth Musser School from Terra Vista Parkway to Spruce. Ground Cover area: 9 N-36 The north side Meyers from Emery Place to Elm. Ground Cover area: 9141 square feet Turt area: 5,y895 square feet N-37 The north side of Meyers from Emery Place to Elm. Ground Cover area: Sy860 square feet Turf area: 51300 square feet N-38 The Church median from Rochester to Terra Vista Parkway median from Church to 853 north of Church. Ground Cover area: 8y10 square feet N-39 The north side of Mountain View from 250 feet east of Milliken to Milliken. The eastside of Milliken from Mountain View to Terra Vista Parkway. Ground Cover area: 16.751 square feet N-40 The south side of Terra Vista Parkway from Milliken to Mountain View. Ground Cover area: 11.630 square feet. N-41 The paseo from south of Terza Vista parkway to Mountain View which is east of Milliken. Ground Cover area: 4y81 square feet N-42 The north side of Mountain View from Terra Vista Parkway to 250 feet east of Milliken. Ground Cover area: 10.994 square feet N-43 Church median and parkway from Malaga to Terra Vista Parkway. Ground Cover area: 7y06 square feet N-44 The south side of Church from Terra Vista Parkway to Rochester. Ground Cover area: 10.400 square feet N-45 The westside of Rochester from Church to Malaga. Ground Cover area: 20.693 square feet N-46 The north side of Malaga from Church to Rochester. Ground Cover area: 19.843 square feet N-47 The eastside of Terra Vista Parkway from Church to Brandywine. The paseo from Brandywine to Bunker Hill Drive. The eastside of Radcliff from Bunker to Malada. Ground Cover area: 17.838 square feet. N~8 The Church median from 750 feet east of Milliken to Malaga Ave. Ground Cover area: Sy554 square feet. H-5 The Haven median from Foothill to Church. Ground Cover area: 6y16 square feet Turf area: 10.572 square feet Due to the location of the improvements, an additional 6,216 square feet of ground cover area and 5,286 square feet of turt area of the median are maintained by the City, however that portion is not funded by the District and instead funded by LMD 3B. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-5 Prepared by NBS -Fiscal Year 2010/11 P351 H-6 The Haven median from Church to Base Line. Ground Cover area: Sy 06 square feet Turt area: 41354 square feet Due to the location of the improvements, an additional 5,306 square feet of ground cover area and 4,354 square feet of turt area of the median are maintained by the City, however that portion is not funded by the District and instead funded by City's Generaf Fund. H-7 The Haven median from Base Line to the Southern Pacific railroad tracks. Ground Cover area: 9 0 square feet Turt area: 1996 square feet Due to the location of the improvements, an additional 2,980 square feet of ground cover area and 1,996 square feet of turf area of the median are maintained by the City, however that portion is not funded by the District and instead funded by City's General Fund. FH-1 The Foothill median from Spruce to Haven. Ground Cover area: 4.570.50 square feet Due to the location of the improvements, an additional 4,570.50 square feet of ground cover area of the median is maintained by the City, however that portion is not funded by the District and instead funded by LMD 5. FH-2 The Foothill median from Spruce to Milliken. Ground Cover area: 7.939.50 square feet Due to the location of the improvements, an additional 7,939.50 square feet of ground cover area of the median is maintained by the City, however that portion is not funded by the District and instead funded by LMD 5. FH-5 The Foothill median from 360 feet west of Masi Dr. to 516 feet west of Masi Dr. Ground Cover area: 800 square feet Due to the location of the improvements, an additional 800 square feet of ground cover area of the median is maintained by the City, however that portion is not funded by the District and instead funded by LMD 5. FH-6 The Foothill median from Masi Plaza to Rochester. Ground Cover area: 800 square feet Due to the location of the improvements, an additional 800 square feet of ground cover area of the median is maintained by the City, however that portion is not funded by the District and instead funded by LMD 5. VG-14 The Base Line Median between Milliken and Ellena East Ground Cover area: 9169 square feet Due to the location of the improvements, an additional 9,169 square feet of ground cover area of the median is maintained by the City, however that portion is not funded by the District and instead funded by LMD 2. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-6 Prepared by NBS -Fiscal Year 2010/11 P352 VG-15 The Base Line Median between Ellena East and Rochester Ground Cover area: 3y960 square feet Due to the location of the improvements, an additional 3,960 square feet of ground cover area of the median is maintained by the City, however that portion is noY funded by the District and instead funded by LMD 2. 3.3. Map of Improvements The following page shows the approximate location (for reference only -may not include all) of landscaping improvements, including irrigation sites and parks, to be maintained by the District. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-7 Prepared by NBS -Fiscal Year 2010/11 P353 ny ~a~say~o~ F ~~ -! 5 ~ ~ ca ~ ~t ~ _ ~ ~~ o , ~ ~ ~ ~~ ~ N ~_ y ~ V ~ ~ ~ ~ w ~ ~_ ~ ~ ~. G~ ~ .y ~ i ~ -' N O ~ ~ ~ ~ M .~ j ~ _. N ~ I ~~ ~ ^ ~ ~ ~~ `° 0 ~ ~= j ~_ _~ - c 1 ~ 1 0 T _ C ~ O ' AY .~ ~ 'v ~ U `m a c Y I~ ` vd ~ y ~ T m Q ~ 1~ r 3 0 ~ \ ~' ~ 0- U ~ ~ ` ~p g cYa V v ~ ~ ~ ra t/1 a ~ ;~_ ~ ~ ~ ~ ~ ~- ~ i r M ~ °' ~ - ~I ~ - ~_ Jz ~' - I I ~ _ !- - a a m c J 3 ~ ~ Y m ~` Q~ ~a 2 ~~ z ~~ ~~~ / / _. _, ~ l~ N > 1 2 F- ~ ~ II = 1 s - uaneH t U L U ~~ _. ~ . ~ nt/ Ua~~~~~W I LL "_. m L O O ~~ ^o ~ I ~o O 0 0 a ~ U ~ c0 ~ C N N O C b .~ ~ O ~ ~ U a ° ~ `~ z ° 0 Y N 'D _ ~ a ~ ~ a r' -~ ~..~ ~ P354 3.4. Level of Maintenance Services Provided The City has defined graduated levels of maintenance services provided from A (highest) through F (lowest). The variation between each service level is based on the frequency of maintenance performed, and the level of maintenance service provided is determined by the amount of revenues collected. At formation of LMD 4, the landscaping improvements were maintained at an "A" Service Level and in recent years moved to a "B" Service Level (through 2008/09). In 2009/10 the existing district is at a "C" Service level due to an increase in costs associated with the maintenance of improvements. Through community outreach meetings and property owner feedback, the property owners within LMD 4 have expressed dissatisfaction with the "C" Service Level. It is the City's intention to maintain the District improvements at a "B" Service Level. The following shows the approximate frequency of maintenance provided based on the level of service. Turt Maintenance Schedule "B" Level .Maintenance "C" Level Maintenance Mowin etl fn and trimmin around s rinklers Weekl Biweekl Fertilization Per Schedule 11•A n/a Fertilization Schedule "B" Level Maintenance "C" level Maintenance Shrubs round cover and vines Eve 120 da s Eve 180 da s Trees Annual) Annual) Trash and Debris Removal "B" Level Maintenance "C" Level Maintenance Turf Weekl Biweekl Hardsca includes weed removal Biweekl Biweekl Ground Cover Biweekl Biweekl "B" Level "C" Level Weed and Pest Control Schedule Maintenance Maintenance Complete control and/or eradication of all plant pests and weeds within the landscape as Every 90 days Every 180 days scheduled "B" Level "C" Level Prunin and Trimmin Schedule Maintenance Maintenance Ground Cover Trim to prevent encroachment on Monthly Bimonthly hardscape, structures, etc. Vines Trim Vines to present a neat Semi-Annually Annually appearance Shrubs Shear to maintain a neat appearance As Needed Semi-Annually to prevent encroachment Trees Maintain all trees in their natural shape qs Needed Maintain in safe to ffteen feet above grade condition Please note: maintenance frequencies listed above are defined as follows: Biweekly is a frequency of every two weeks and Bimonthly is a frequency of every two months. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-8 Prepared by NBS -Fiscal Year 2010/11 P355 Schedule II-A Annual Fertilizer Schedule For Tall Fescue TurF Month: Jan' Feb Mar A r Ma Jun Jul Au Se Oct Nov Dec Timin E L M E L ` M T D4.3 D4.3 S4.7 C6.2 S4.7 N6 Timing: E -Early Part of the Month M -Middle Part of the Month L -Late Part of the Month - If turf areas require over-seeding, then apre-plant fertilizer such as Simplot's 6-20-20 (or approved equal) shall be used at the rate of 16 lbs. per 1000 sq. ft. anytime after Nov. 1~`. Type of Fertilizer: S -Sulfate of Ammonia (21-0-0) N -Calcium Nitrate (15.5-0-0) D -Simplot 16-6-8 + Dimension (or approved equal) C -Simplot 12-8-16 (or approved equal) The number next to the type of fertilizer represents the pounds per 1000 square feet. This fertilizer program applies roughly 5 lbs. actual N per 1000 sq. ft.'per year. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 3-9 Prepared by NBS -Fiscal Year 2010/11 P356 4. ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. 4, 1. District Budget Estimated 2010/11 Bud et Personnel Services Regular Payroll $767,480.00 Overtime Salaries 1,050.00 Part-time Salaries 32,280.00 Fringe Benefits 363.640.00 Subtotal Personnel 51,164,450.00 Operations and Maintenance Operations and Maintenance $51,900.00 Operations and Maintenance -Facilities 17,500.00 Vehicle Maintenance antl Operations 6,000.00 Equipment Maintenance 3,750,00 Emergency & Routine Vehicle Equipment Rentals 500.00 Contract Services 469,640.00 Contract Services -facilities 16,000.00 Tree Maintenance 15,970.00 Depreciation -Computer Equipment 150.00 Utilities Water Utilities 455,180.00 Telephone Utilities 2,940.00 Electric Utilities 41,940.00 Assessment Administration 21,040.00 General Overhead 127.330.00 Subtotal Operations 51,223,640.00 Total District Expenditure Budget 52,368,290.00 Operating Reserve Collection 14,240.29 Capital Projects Reserve Collection 30,000.00 Rounding Adjustment (0.371 Estimated Costs and Expenses 52,432,529.92 Total District EDU Count 6,401.3955 Maximum Allowable Assessment er EDU -Fiscal Year 2010111 5380.00 The maximum allowable assessment per EDU listed in the District budget above, is based on the estimated maintenance and services costs for Fiscal Year 2010/11. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EDU Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 4-1 Prepared by NBS -Fiscal Year 2010/11 P357 will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum after the application of the cost of living inflator defined in Section 5.5 of this report unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City of Rancho Cucamonga to establish an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $246,471.00 Operating Reserve Collection -Fiscal Year 2010/11 14,240.29 Reimburse to City January 1.2009 -June 30. 2010 to maintain at "B" Service Level (15.480.00) Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance 5245,231.29 4,2. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Operations and Maintenance -Facilities: This item includes the costs of City staff to perform maintenance duties for the facilities within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company and related services as needed for the ongoing maintenance of the District improvements. Contract Services -Facilities: This item includes the contract costs of a landscape maintenance company and related services as needed for the ongoing maintenance of facility improvements within fhe District. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 4-2 Prepared by NBS -Fiscal Year 2010/11 P358 Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This dem includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, and procedural matters associated with the District. Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual vests. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, stones and other similar events. Capital Projects Reserve Collection: This item includes new or replacement improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include, but not lirfiited to, the Skate Park area, addition and repair of rubberized surfacing for playgrounds in Parks, security lighting pole replacements, removing of paint, treatment of concrete and repaint pedestrian underpass, replacement of restroom fixtures, the mulching of ground cover and shrub areas and other improvements, irrigation upgrades and repairs and converting existing parkway, paseo and medians to new water-wise design standards. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 4-3 Prepared by NBS -Fiscal Year 2010/11 P359 5. METHOD OF ASSESSMENT 5.1. General Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment disMcf may be appoRioned by any formula or method which fairly disMbutes the net amount among all assessable lots or parcels in propoRion to the estimated benefit to be n;ceived by each such tot or parcel /rom the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district 'rf "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where as only special benefit is assessed. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 5-1 Prepared by NBS -Fiscal Year 2010/11 P36O 5.2. Special Benefit The maintenance and servicing of landscaping improvements and community trails within the District are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items contribute to a specific enhancement of the properties within the District. Since these improvements, including the parks, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. 5.3. General Benefit In addition to the special benefits received by parcels within the District, there are incidental general benefits that are conferred on parcels outside the boundaries of the District which include: • the control of dust and insect infestations, and • the visual enhancement of the area to persons or vehicles that may travel through the District. However it has been determined that these benefits are incidental and do not provide a direct benefit to parcels outside of the district that are not being assessed. Any incidental benefd received by parcels outside of the District is further offset by the incidental benefit received by parcels within the District from the maintenance of landscaping improvements by the other assessment districts within the City. 5.4. Method of Assessment Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different types of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment since there is a total of 2,651 single family parcels within the district which represent 69.1 percent of the total assessable parcels within the District. A method has been developed to convert other land uses to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family residential parcel. Other residential land uses are assigned Equivalent Dwelling Units in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical single family parcel. Based upon the trip generation data from the ITE Trip Generation Report, SANDAG's Guide to Vehicular Traffic Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 5-2 Prepared by NBS -Fiscal Year 2010111 P361 Generation Rates which have been adopted by SANBAG and the most recent census data for the City of Rancho Cucamonga, condominiums are assigned 0.8 EDU's since the number of residents and number of trips generated per dwelling unit are 80 percent of the typical single family residence. Multi-family residential units are assigned 0.70 EDU's per dwelling unit since the number of residents and number of trips generated per multifamily residential unit are 70 percent of the typical single family residential unit. This reduction is further supported by virtue of the fact that both condominium developments and multi-family residential development have a higher level of landscaping that reduce the benefit received by these parcels from District maintained landscaping. EDU's are assigned to Commercial and Industrial parcels based upon the number of trips generated as well. The ITE Trip Generation Report shows that non-residential uses similar to those found in the District generate from 30 to 400 plus trips per day based upon the specific land use. An average trip generaton rate of 135 trips per day was used since the non-residential uses within the district are generally those that result in fewer trips per day per acre, when compared to more intense non- residential uses such as community shopping centers which can generate in excess of 500 trips per day. Based upon an average density of approximately 9 single family residential units per acre and a trip generation rate of 10 trips per day for a typical single family residential unit, the trip generation rate for commercial and industrial parcels is approximately 1.5 times that of an acre developed for single family residential use based upon an average of 135 trips per acre for non-residential uses. The trips generated by non-residential uses has been reduced by approximately 40 percent to account for the number of "pass-by" trips which are those trips which stop at non-residential parcels enroute to/from residential parcels. This reduces the trips generated per acre from 135 to 81. Since non-residential parcels do not receive a significant special benefit from the park facilities maintained by the district, the number of trips generated per acre has been further reduced in proportion to the ratio of expenditures for landscape maintenance versus park maintenance within the District, which has been estimated by the City to be 60% parks and 40% landscaping. Therefore, commercial and industrial parcels have been assigned a value of 3.25 EDU's per acre to represent the special benefit received by those parcels relative to the typical single family residential parcel. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EDU value of 0.25 per acre in recognition of the limited benefit they receive from the improvements maintained by the. District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District underjoint use agreements between the School District and the City. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EDU assignment. Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Unit Condominium 0.80 Unit Multi-family 0.70 Unit Commercial/Industrial 3.25 Acre Vacant 0.25 Acre School 0.25 Acre Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 Parcel Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 5-3 Prepared by NBS -Fiscal Year 2010/11 P362 The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless beaker data is available to the City. In addition, if any parcel within the District is identified by the County AuditodController to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The folbwing table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Pro e T e Coun Use Code Maximum Allowable Assessment Per EDU' Totat Units/Acres Total EDUs Single Family Residential $380.00 2,651.00 2,651.0000 Condominium 304.00 1,036.00 828.8000 Multi-family 266.00 3,306.00 2,314.2000 Commercial/Industrial 1,235.00 175.86 571.5450 Vacant 95.00 107.98 26.9980 School 95.00 35.41 8.8525 Trails, Common Area, Open Space, Easements, UGIi Parcels, Streets 0.00 0.00 0.0000 'The maximum allowable assessment is subject to an annual cost of living inflator as described in Section 5.5. It is proposed to assess the total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in Section 7 of this report. 5.5, Cosf of Living Inflator Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment can not exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would Levy only what is needed for that year. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 51f Prepared by NBS -Fiscal Year 2010/11 P363 6. ASSESSMENT D/A CRAM An Assessment Diagram for the District is shown on the following pages. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the #ime this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. 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'_-_-_ '9909 ((~ Q 0 2 H 1i ', 39030 u.3~~ 13900 ~'~591~ ]9191~.~.4. mn~% 11 - 68 ' 1 38 ~390t~m~~,3911 39 ~ N ` ~3902~ n~;355~ _.. __- 10 g51 ~ 7 908 ~ ~ 58 j ~5 ~ 3901~~ 7 ~ (~ l ~ V V ,(, 1 _ _ _ _ m _ _ - X069_ -5~~~ ~l a ~ ~ ~ ___- - °~ m ~___ - 3858 Y ~~~ t I~~~i~~n~ Z _ _ _ to - - '~ D _ Z g ~~ m W m m N 1 1 i ~ 1 m W N _. i $ N ~ - - - I . m ~1 ~ ~ . ~_ _______ w Y m f ~ N I ~ m 2 0 W m j Y J N i 1 m ~ ~ p N _-~_ ____ S 6 6 _ - , _ nb 3~nads ' o 133HS 33S ~ ~ ~ 373 e N LL m ~ SEE SHEET 15 °o w M ~ o Atl N3NIllIW W o w w_ - - _ = o ._ - N y ~ 3799 ~ B6LE f`O Nm ~ 3780 Q 008E U L6Lf °O! !f n m 3779 0 ~ (j 96[f S f 3778 F ~ ~ ZOBf ~ y66Lf ~~y ry!f BASTIA CT 13777 ~ 1 W ~ fOBf ~ if ~ q a 3786 O 3778 ~ W '~ _ a -3776 _ ~~ ~' 3787 ~ y 6 O m Q 3774 0 w SOBf Slf d' ~ 3788 ~ - O "' ! y 8p8f Og f {° db 3109 ZLLf !S!f ~~~~bry ~~J NPp1- L O'rt 5 31 A SPRY !!f <OLIf f615 ~^6 - °3 ss °!~ ~i L!e a ~~~ 3 ~ ~ u n " rf f !f 2 376 n r e~ 7!f !2!`~ 3752 ~' _ "' n v e 9 sLlf f G~ Sr'r!f f e a t° a^ 'n" 'n'+ m !t !f nGP ez !f 372g M n v+ n " " n O< !f 5 f !f sL!!e ~? t ~tf 3730 PA111C10 CT - n W O f U ZL£ 3731 fl m r M r ~°o, W ep r!f 3721 3277 ~^ Ng^ mmm n y ~ AA' rye? ry m n '66 3276 W ~ ~^ n "' in m W Q ~~ n r n n H 9ti ti"+y 3275 y 3278 N m~ ~~ 1, N Z PIPER CT 3234 3274 ~ 3279 ~ ~ ~ '" $AND 3273 j 3280 9l G'f V m m A N N rqN' 3234 3272 ~ MEADDWGRE Q O N~ „+ n~ '"" `N' " `~ n 3231 3271 3292 m r r n umi m ^ M " r (~ 2 p m O °' N N N n 3230 3270 329 N O m N~ m ~O ,^ 0 Q N t0 m N N n CI 32 °° O 0 f Q 2 $ N N e+ e' n^ PL m m `r~ ~ ^~ ~ "~' n m u p h Q Q Z 1' n n `^ 1.1AV EN .n q m m N n n A m `~ m^ W t„t y 0 pp1R 0: 3229 69Zf N N ~ ^ `~ ~ "' n m Z UO Z ¢ 3209 ~ 33216 ~ 10 O 3227 5268 m mMUNlEC1lU Gl o n°`~~h" ~~ ~y yJ b~NNbo ^' ~ 322 zz m `° $ ^~ ~y ,.~ m 'n OS6 Q' W Z U N W 3809 0 3215 3221 Z 3226 3266 3309 ~~ n~ n n `m" N "~ A 6DSff ~PO y Z Q O W '6'1',0' N f(22f 32 Z3 m 3224 3265 OLEE mi13 U 3114 °cm' ~ ~ $ m e Bh6f 2N W Q y1O' Z y d0 ~ ~ f 32 ° 3107 3108 3112 u 3116 ld A213W3 L~f Q~ N ~ F O ~j 09LE ~Lf r+ 3106 31p9 3111 ~ <[ 3933 >ffif a llA U U 7 9166 3161 fOLf 0`~oN G1 3110 ~i !f 3932 - - 1M 9 SE6f d 1 3168 Y 3162 31p2 W 3g9 1 21 OP si BL~f ~ 3931 3936 Q Y 3167 J 3163 0 ~' "Ag 31 n ~.^ ~ 3930 3937 W („) 7 3156 NO 316A '~ `n o¢' 3096 3122 N m v m ~ ~ 3929 3939 = O~ 33 ~ Y~ 33166 'c '~ ° n n °n °r~ 330701 ~ `° m ~ ~ 3921 3ggAp W Q 3163 5 3167 ~' ^ '!' BELVEDERE PL 3926 ~' PJ y 2 5 J 315 3060 m m m 39'L ~1. 3146 0 e_ ~ n n 3081 °n n °n °n m .n < ° 3147 W " n 3082 o $ `~ m SE LE O 3136 3065 3083 r ~ O1 m m F N o m qE LE m G£LE 3306 3084 W n ,~_EELE L}j1 BfLE 30fi2 SBOf m m T = f m m zELe 3 6ELE - - DEVONSMREC W 1~WVH'JNINJ~B 04LE 3060 p 3093 P o o N 1O rv EZLE L4LE 3059 ~ 3094 m m m m ~ Z6LE - - W 3095 ° EZLE _ E6LE 3058 ~ 3194 n °i ~ N-- - LBLE BBLE 3193 fL O1 ro ~+ rc m m - ~ alas " ~ m ~ 98LE 68LE 3192 Z _ < ~ ~ 96 a ~ m SB LE O6Lf 3191 O 31 ? m i ~ m w ld jd1421VJ 0 - m o°+ Ne+ m ~ E m o m m n n n n° n Y m° ° N ~' ~ J a v w n n' n i w' ~w n' ~ ~ n O1 ~ SPRVGEP e a < O Z [ 133HS 33S W R ~o N LL M r F- W W 2 •~ Q Z H V ~~ ao '~ QH ~z ~N ova i Q~ aZz '~ D V two HZ vm~ Q W Z vy~ ~ W zLL0 N H ~Ow i N? LL~a W Q ~ZU~i ~ ~ ~~ Q W ~U a U 0 Z J m m O LL o~ ~ ecz ~, r W ~ W S N W ~ r n ~~ Q~ _. - C9P ~ - ~Qs ~ ~ m '~ J - - - _ H ~ ~ Q ~ LL MP~j~N Pv O 0 c 0 o N 0 0 0 N ~o N ~ N m W to MILLIKEN AV N - s zee U -- _ 8 , U n -- ~esz nd W'13 " ~ N r ~ H W W 2 J H m W ~ -~ W 2 y O ~ O ~ W } a m ~ o z ~ z n ~ O 10 N W ~ Z W r W z Yom/ nv 3~nads ~ o U Wy 8 133HS 33S O ~ ~ J ~o N 0 V T F" W w x y Z V ~ Q ~ Z N rI. L N ~+ ~ Q 0 ~ Q ~2aZ ~ o ~ W ~ ~ ~ U Z ~wLL U m J W Z vy~ ~ W N H z~,0 ~ O W N? LL~Q ~' O ~ N ~ ~O Q W a vv Q U N 0 z J Zia M31n NIV1Nf10W ~~--- - m 96a1 66DL Q ~ io9s i~oi E60t _ _ _ - _ - v_~ ~o ~ _ ..2601 S60L . TALL w ag p 0901 SEE SHEET 17 ~m~ ''-LI vs6 cu - - 111 yg6 ~ ~ ~ ,Q fll tQ6 _ 9 d' 127 ~ B68 128 LJJ Bfi6 QQ '~ ~ry ~ ~•~ 129 Z 7f Lt ~ OOOt a Loot Lc ~ h ~~ ~ ~ u q rBC l4 LC '. 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ASSESSMENT ROLL The assessment roll is a listing of the proposed assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following table summarizes the Fiscal Year 2010/11 assessments for the District: ro e T e Coun Use Code Maximum Allowable Assessment Per EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $380.00 2,651.00 2,651.0000 $1,007,380.00 Condominium 304.00 1,036.00 828.8000 314,944.00 Multi-family 266.00 3,306.00 2,314.2000 879,396.00 Commercial/Industrial 1,235.00 175.86 571.5450 217,187.10 Vacant 95.00 107.99 26.9980 10,259.24 School 95.00 35.41 8.8525 3,363.95 Common Area, Open Space, Drainage, Flood Control, Easements, Parks, Utility Parcels, Streets, Clubhouses 0.00 0.00 0.000 0.00 Total ~ 6,401.3955 $2,432,530.29 Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 7-1 Prepared by NBS -Fiscal Year 2010/11 P391 Q A Z OI V C V 0 V E w o A 0 O c (~ ~. r 3 d w O (~ v c N C a o R E „ C ~+ YI } l0 C N A ~' 16 y y ~ ~ Q LL ~ a U v N 9 C N J ~ O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E o m m m m m m m m m ao w m m m m w m w m m m m m m m m m w m ro m m y Cl Cl C] l7 {") t+I th M {") [") [7 l7 f7 M f7 {") th [7 lh M f7 Cl Cl M M l7 {"1 Cl C) l7 (7 (7 M r y w ~" b O y y O Q N . 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W' ~ ~ K K K ~ ~ ~ ~ K K D' ~ K ~ K K K K W' W' ~ ~ LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL t~ N h h N to y y N N N y N y N~ to N y y y N N N O a` ~ ¢ ¢ ¢ K ~ 0 0 ~ ~ ~ ~ a a d a Ja a a a a~~~~~~ a a a a a a a a a Y Y Y Y Y Y Y Y Y W W W W W W Y Y Y Y Y Y Y Y Y aaaaaaaaa >>>>>> a a a a a a a a a N W W W W W W W W W 2 2 S S S S W W W W W W W W W 'N ~ K K K K S~~~ F F H !- 4- 1- K K K K K~~~~ ~ ¢] R] IL m m m ¢~ m m K d' K K K K [O R] m m m ¢~ ¢~ m ~] a > > > > > > > > > O O O O O O > > > > > > > > > a ~ 0 ~ ~ 0 0 0 ~ O N eo m e m n~ 0 0 0 ~ ~ 0 ~ ~ y 6J N (O O< O N N N O O ~ N •- O O~ 1~ O r 1~ Vl n o r m rn m m ~o h ~ m N n n n r r n .n in n co m m o 0 0 0 0 0 0 ~ N N N N r n n ~ n n r n r ~ ~ ~- ~ ~ ~ n n n ~ r r r r r O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y, y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 O E O+ O ~ N M O O t0 !~ W m O N CS O~ l0 1~ ~ 01 O N ~ q .n .n ~n v~ n ~n .n .n v~ ~n W W W W '4 W '4 W 'o ~ r n r N 2 d r~ n n n M in n n~~ n c'i M m~~ t~ ~ n in c'~ n m t~ N CI 1n 1A Yf O O N N V] V] N N Yl N N N O~ N N IA 1n N h Y'I N ~ ~ t0 t0 t0 tD f0 t0 t0 t0 t0 N ~ t0 IO t0 tp t0 t0 t0 (O (O (O ~ t0 a N I~ n n n r r r n n N 1~ r n F n n 1` r r r r n n n a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~; N N Y N N n e w m N O N m V N N W Ih O b r n ri ti O ti m a P512 OFFICIAL ASSESSMENT BALLOT CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO.4-R Name and Address of Record Owner: Parcel Identification: Record Owner: <XXXXX> Assessor's Parcel Number: <XXXX-XXX-XXX> Address: <XXXXX> Total EDUs: <X.XXXX> City, State Zip: <XXXXX>, <XX>, <XXXXX> Proposed Maximum Assessment ("): <$XXX.XX> Proposed Maximum Assessment and Cost of Livinct Inflator: "Each fiscal year beginning Fiscal Year 2011/12, the maximum assessment amount, shown above, may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Landscape Maintenance District No. 4-R is a replacement District. If the proposed replacement District covered by this ballot is not approved, the existing LMD 4 remains in place and the City will continue to levy the existing LMD 4 assessments. Assessment Ballot Please mark one box, sign and print name below , This ballot will be void if any markings are in both boxes or if not signed The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner; otherwise this ballot will not be tabulated. Yes, I am in favor of the proposed maximum assessment for Fiscal Year 2010/11 of: <$XXX.XX> "The amount is proposed to increase as described above beginning Fiscal Year 2011 /12. No, I am opposed to the proposed maximum assessment for Fiscal Year 2010/11 of: <$XXX.XX> *The amount is proposed to increase as described above beginning Fiscal Year 2011 /12. CERTIFICATE OF ENTITLEMENT The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this assessment ballot. Signature of Property Owner Printed Name Please fold and insert the completed ballot into the enclosed return envelope, seal and mail or deliver to: CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 Please refer to the enclosed instructions for further details. Ballot must be received prior to the conclusion of the Public Hearing on December 2, 2009. <LMD 4-R X,XXX> P513 NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO.4-R ASSESSOR'S PARCEL NUMBER: <XXXX-XXX-XXX> NOTICE OF PUBLIC HEARING This notice informs you, as the record owner of property within the proposed Landscape Maintenance District No. 4-R, that the City of Rancho Cucamonga will be conducting a Public Hearing pursuant to the provisions of the Landscaping and Lighting Act of 1972, Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act. LANDSCAPE MAINTENANCE DISTRICT NO. 4-R IS A REPLACEMENT DISTRICT. IF THE PROPOSED REPLACEMENT DISTRICT COVERED BY THIS BALLOT PROCEDURE IS NOT APPROVED BY THE PROPERTY OWNERS, THE EXISTING LMD 4 REMAINS IN PLACE AND THE CITY WILL CONTINUE TO LEVY THE EXISTING LMD 4 ASSESSMENTS. The Public Hearing is hereby scheduled to be held at the Citv of Rancho Cucamonga. Council Chambers, 10500 Civic Center Drive, California on: December 2, 2009, at 7:00 p.m. or as soon thereafter as the matter may be heard. All interested persons are invited to attend and express opinions on the matter of the proposed District. RIGHT TO SUBMIT ASSESSMENT BALLOT Owners of record who desire to submit an assessment ballot must mail or personally deliver a completed assessment ballot to the office of the City Clerk. An assessment ballot and return envelope are enclosed with this Notice. Spouses wishing to submit separate ballots may obtain split replacement ballots by contacting the City at the contact information shown at the bottom of this Notice. All assessment ballots must be received by the City Clerk at or before the conclusion of the Public Hearing shown above. The delivery address is: Office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 ASSESSMENT INFORMATION Boundaries of the District: The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of Foothill Boulevard, west of Rochester Avenue, east of Haven Avenue, south of Base Line Road and includes the northeast corner of Base Line Road and Haven Avenue. Total Proposed Fiscal Year 2010/11 Maximum Assessment for the Entire District: $2,432,530.29 Your Proposed Maximum Assessment for Fiscal Year 2010/11: <$XXXXX>. The proposed maximum Fiscal Year 2010/11 assessment for the property identified above is also shown on the enclosed assessment ballot. Duration of Proposed Assessment: The proposed assessment for the District will be levied annually as long as funds are necessary for the maintenance of improvements. Cost of Living Inflator: Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount (as shown above) may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment can not exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. P514 Reasons for the Proposed Assessment: The proposed assessments will provide for the continued maintenance of the landscaping improvements throughout the District at a B level of service, provide for the means to pay for the increased costs of maintenance and services, and add an annual cost of living inflator. The improvements being maintained provide a direct and special benefit to all parcels within the District boundaries. Basis of Proposed Assessment: The method of apportionment of the proposed assessment is based upon the relative special benefit received from the improvements and conferred upon the property within the District over and above the general benefit conferred upon the public at large. All assessable parcels within the proposed District receive special and direct benefit from the maintenance of the improvements. Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received, in accordance with the formula listed below: Pro e T e Coun Use Code EDU Value Multi lier 2010111 Maximum Assessment Rate Single Family Residential 1.00 Unit $380.00 Condominium 0.80 Unit 304.00 Multi-family 0.70 Unit 266.00 Commercial/Industrial 3.25 Acre 1,235.00 Vacant 0.25 Acre 95.00 School 0.25 Acre 95.00 Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 Parcel 0.00 The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. The maximum assessment is subject to an annual cost of living inflator as described above. A complete description of the method of assessment is described in the Engineer's Report, a copy of which is available at the office of the City Clerk or at the website address shown below. ASSESSMENT BALLOTING PROCEDURES Upon completion, please fold and insert the assessment ballot into the return envelope and seal the envelope. Make sure you sign and mark your assessment ballot. Mail or deliver the ballot to the address shown on the return envelope pursuant to the enclosed instructions regarding submission of assessment ballot. The City Council will consider approving the District formation and to impose the annual assessment as described above and on the enclosed assessment ballot if there is no majority protest. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. THE PROPOSED ANNUAL ASSESSMENT AS DESCRIBED IN THIS NOTICE IS A REPLACEMENT TO YOUR EXISTING LMD 4 ASSESSMENT AND, IF APPROVED, WILL APPEAR EACH YEAR ON YOUR PROPERTY TAX BILL. QUESTIONS REGARDING THESE PROCEEDINGS For information relating to these proceedings, public hearing and the ballot procedure, please contact: SPECIAL DISTRICTS CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909-477-2700 EXTENSION 2585 EMAIL: LMD@cityofrc.us WEBSITE: HTTP://GIS.CITYOFRC.US/SPECIALDISTRICTSLMDINFO.HTM P515 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT N0.4-R ASSESSMENT BALLOT PROCEDURES INSTRUCTIONS REGARDING SUBMISSION OF ASSESSMENT BALLOT In order to complete and submit the enclosed assessment ballot, you must complete the following steps. 1. Review the Certificate of Entitlement Statement shown on the assessment ballot. Ensure that you meet the entitlement requirements pertaining to the property identified in the assessment ballot before completing the ballot. If you do not satisfy the entitlement requirements please forward the assessment ballot to the person or persons who does satisfy those requirements. 2. If you satisfy the entitlement requirements, please sign your name and print or type your name in the spaces provided. 3. To complete the assessment ballot, mark one and only one of the squares provided. The assessment ballot will be void and shall not be tabulated unless it is properly completed by signing and printing your name and marking one of the squares. 4. Fold and insert the assessment ballot into the enclosed return envelope and seal the envelope. All assessment ballots must be received by the City Clerk prior to conclusion of the Public Hearing. Assessment ballots may be returned by mail in the self-addressed return envelope, which is included with the assessment ballot. If you are returning your assessment ballot by mail you must allow sufficient time to ensure that the assessment ballot is received by the City Clerk on or before 5:00 p.m. on December 2, 2009. Please note that an assessment ballot received after the close of the Public Hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before December 2, 2009. You may also deliver your assessment ballot to the City Clerk at the following address: OFFICE OF THE CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 After 5:00 p.m. on December 2, 2009 and at any time prior to the conclusion of the Public Hearing, you may deliver your assessment ballot to the City Clerk at the location of the Public Hearing given in the Notice of Public Hearing and Assessment Ballot Procedure. LOST, SPOILED OR DAMAGED BALLOTS: If you have lost, spoiled or damaged your assessment ballot, please call the telephone number set forth below for information on how you may obtain a replacement assessment ballot. IF YOU HAVE ANY QUESTIONS REGARDING THESE INSTRUCTIONS OR THE ASSESSMENT BALLOT PROCEDURE, PLEASE CONTACT: SPECIAL DISTRICTS CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909-477-2700 EXTENSION 2585 EMAIL: LMD@cityofrc.us WEBSITE: HTTP://GIS.CITYOFRC.US/SPECIALDISTRICTSLMDINFO.HTM P516 ° z o ~ Q M I` w 2 r ~ U J Q m ~a Z ~ ¢ O i H-~LL ( ') ~ Z Y ~ O W U ~o m ~W~ U o~~, F-w UO~ ~ ~ ~ VN z~z ~a°N Z U I_- w OUZ zU~ O wzZ~a Z~UU v~Q~o v~~ ~ ~ ~~UU aww ~ao~ ~~VO vy~~ OUoU o°'- ti z z .a LL.oZ ~ ~ ~ Ogo° UO°~ ~~ ~~ ~a ~~a W U z z w H z W a U Q z a N 0 ~_ ~ a ~ ~ ---~ ~i a C7 Q w w U O a~ H ~~ ~~ ~~ ~~C~J ~~ i z~ [--+ W W U ~z ~z Z r~• O~ W ~ ~ A ~ O w z a H ~ o W z a °~ A a U N A M O M a °° a A W O W Pa ~ W w ~ a z d M a x ~ ~ H ~ ~i Ua xz~ v~o ~¢~ C3~ W~a A N M ~o F~O M ~ ~ ~o Ua zoo z¢ ~_~ U x H W A ~ W '~ ~-1 O ~ Wx ~~ ~ ~ W ~E~ O x 0 ~~ ~~~ o~~ a,aU RS ~~~ ~, ~ o ~ ~ ~ ~. a, ; ~ :[-~U ~ ~ O ~ ~ O o ~ z o ~ ~ ~ A CC ~eC •~ v o~~~ a~~~ .~ ° '~ ~ ~, ~ ~ e~ ~/ v Fri ~ C. ~ `~ a 3 0 ~° O 0 w .~ it O /~ O a~ d 0 a oA ~ ~ N ~ ~ ~~ ~ U c 0 00 "rCa N a~q ~~ O O~ ~ .~ ~ U ov ~ ~ N ~ V ~ ~ U °~' `ti 0 N ~r~ ~~q ~~ a~,~ ~~ .w U ~I ~ (`/~~-~ ~ U-/ ~ ~' a O ,-~ N ~ ~ O _o O O N O r~ ((!~ "1''~^^ V~ ~~ ~L/ • !~ l ~i~"'1 O ~m O .. ~ w ~ o ~ ~ ~ M ~ a a 8 ~ ~, ~ ~ ~ lea 5 M ~ M ~ N ~ O ~ O ~ O ' O ~ ON O~ ~O hil •--~ 69 69 69 69 b9 64 69 B O S N ~ ~ M ~ ' ' .~ M 69 69 69 69 69 69 69 'C U ,_~ '~ ~ ~ hrl w ~ ~ ^' ~ .~ U ~ ~ ,~ Q C`pl' ~j ,. ~ cw., W 0 E ~ ~''} ~ ~~. °~ ~ (~ ~ , 'i ~~a V ~~ ~ O ~ •N ~ ~ c~ ~'"~ 4-~ .~ O U ~., O .O ~ ~ 'O . ,--~ ~ O O N O ~--~ U . r.., O ,--, '~ N .~ O N M N O r--~ U M N 00 .O . r, O O O O M N O '~ G~ ,-~ r-, . ,._, .~' c~ '.d 4--+ O O .~ ,-~ bA .~ N .~ ,-~ O .-~ O O N N N U Q STAFF REPORT ADMINISTRATNE SERVICES DEPr1RTMENT P517 RANCHO Date: October 7, 2009 (;UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services Linda L. Daniels, Acting Deputy City Manager/Community Development By: William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Subject: APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 6-R TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 6; 2) THE LEVY OF ANNUAL ASSESSMENTS; 3) PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT; 4) A RESOLUTION PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS; AND 5) SETTING A TIME AND PLACE FOR A PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES. RECOMMENDATION It is recommended that the City Council approve: 1) a resolution to initiate proceedings for the formation of Landscape Maintenance District No. 6-R to replace Landscape Maintenance District No. 6; 2) the levy of annual assessments; 3) preparation of an Assessment Engineer's Report; 4) a resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments; and 5) setting a time and place for a public hearing including the initiation of assessment ballot procedures. BACKGROUND Landscape Maintenance District 6 was first formed in 1986. At the time of formation it consisted of 235 parcels, totaling 31.21 acres of land. Subsequently, the boundaries of the LMD were expanded through annexation until it reached its present day size of 1,276 parcels and 198.14 acres in 2001. LMD 6 consists of 1,276 single-family residential parcels. The boundaries of the district are generally described as that area located north of the I-210 Freeway, south of Banyon Street, west of Rochester Avenue and east of Milliken Avenue. The boundaries also include tract number 13835 east of Rochester Avenue and tract numbers 13748, 13857 and 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester Avenue and west of Milliken Avenue. The last time assessment rates within LMD 6 were increased was 1993 - 16 years ago. The rates were increased by the City Council in 1993 due to utility rate increases and increased landscape areas to maintain. The City Council has not and is not currently authorized to increase assessments within LMD 6 for inflation pursuant to a consumer price escalator. When the assessment rates were last increased, Proposition 218, "The Right to Vote on Taxes Act" did not P518 LMD NO.6 - INI'1'IA"1'1s PROCILllINGS POR FORMATION OE7 LMll 6-R OCl'OE31~12 7, 2009 Pt~cr 2 yet exist. Proposition 218 now prohibits increases in assessments, without submitting the proposed increases to the property owners within the affected LMD in an assessment ballot procedure. The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Caryn Planned Community. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, repair, trouble- shooting and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. On August 5, 2009 the City Council directed staff to begin Proposition 218 Assessment Ballot Procedures for Landscape Maintenance District (LMD) No. 6 to increase assessments in order to cover the increases in the costs of maintaining the authorized improvements within LMD 6. The City retained the services of NBS to prepare the Engineer's Report and the assessment ballots in accordance with the Assessment Law (collectively, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and the Landscaping arid Lighting Act of 1972) for LMD 6. It was determined that in order to be in compliance with the Assessment Law, it was necessary to form a new replacement district rather than to simply increase assessments within LMD 6. This replacement district will be known and designated as Landscape Maintenance District No. 6-R. It should be noted that if this proposed replacement district is not approved when the assessments ballots are counted then the existing LMD 6 remains in place. Staff mailed flyers to all the property owners of record within LMD 4 inviting them to two community meetings. Attached is a copy of the flyer -Exhibit "A". Two meetings were held at Caryn Elementary School, 6290 Sierra Crest View Loop on August 24, 2009 and September 21, 2009 from 6:30pm to 8:30pm. At each meeting staff presented a PowerPoint overview and encouraged and welcomed feedback from the residents. One example is the residents' feedback that they were not adequately informed of the issues in their district. In response to that feedback, staff will be implementing a rotating schedule of community meetings not just for LMD 6-R but for all 11 LMDs in the City. Additionally staff placed all documents on the City's website and also created an LMD e-mail address LMD .cityofrc.us along with a dedicated phone line (909) 477-2700 extension 2585. LMD 6-R Details Each of the parcels within a landscape maintenance district must receive special benefit from the improvements in order to be assessed. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. P519 L1vID No. 6 - INrrIA1'r: PROCBIiDINGS FOR FORMATION OI~ ],Mll 6-R PAGI; 3 Or, roslR 7, 2009 To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land-use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EDU value of 0.25 per acre in recognition of the limited benefit they receive from the improvements maintained by the District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District arid the City. There are two benefit zones within the District: Zone 1 and Zone 2. The difference in EDU value for a single family home between Zone 1 and Zone 2 is the proximity to the improvements. Zone 2 parcels are on the far east and west side of the District, and the improvements are more prevalent throughout the middle of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements, as parcels within Zone 1. Staff has developed the following table that compares the current assessment to the proposed new maximum assessments for LMD 6-R and illustrates the information noted above: -.. r _ ~ ~~ ~ .~ra4~~,~~~~ ~x- ~'~ ' r r CU~2RE~T `"~~ ~ ~ tE1JEw`~B"{, .~"_ ~ f RATE CA#EGORIES ~ ~~ M _~ ~ MA'~C1h11~~M~ RATE~ ~ ~~ ~ ~~' ~I~IbXiIVIUIVI ' - P ~~k . Sin le Famil Dwellin -Zone 1 $246.97 $420.00 Sin le Famil Dwellin -Zone 2 $246.97 $315.00 Vacant $-------- $105.00 School $-------- $105.00 As noted above, based on feedback received from residents, staff is recommending a maximum assessment that corresponds with a "B" level of service. In addition, it is recommended that to keep pace with future increases for utilities, material and labor costs, a consumer price index adjustment provision also be included. Each fiscal year beginning with Fiscal Year 2011/12, the maximum allowable assessment amount could be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the district in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. Based on the requirements of Assessment Law, if City Council approves the Resolutions assessment ballots will be mailed on October 14, 2009 to the property owners located within the boundary of LMD 6-R. who will be asked to indicate whether they are in favor of or opposed to the proposed new maximum assessment rate as described in the Engineer's Report. The property P520 LAID NO.6 _ INI'1'IA'I'I; PROCLI?llINGS 1012 IiOIZNiA'1'ION OF I,MD 6-R PAGIi 4 OCl'OBI:R 7, 2009 owners will have 45 days to return their ballots. The City Council will then hold a public hearing on December 2, 2009, on the matter of the assessments proposed to be levied within LMD 6-R. In order to be counted, property owners' assessment ballots must be received by the City prior to the close of the public hearing. Following the conclusion of the public hearing, the assessment ballots will be tallied. Each ballot is weighted by the amount of the proposed assessment they would pay. If a majority of the weighted ballots returned supports the proposed assessment for LMD 6-R a majority protest will not exist and the City Council will have the authority to confirm the assessments and approve the Engineer's Report and approve and adopt the appropriate Resolutions to levy and collect assessments beginning in Fiscal Year 2010/2011. If however, a majority of the weighted ballots returned opposes the proposed maximum assessment a majority protest will exist and the City Council will not have the authority to confirm the assessments and approve the Engineer's Report and will approve and adopt the appropriate Resolutions that a majority protest to the proposed maximum assessment exists and that the proceedings to form LMD 6-R and to levy the proposed maximum assessment are abandoned and the original LMD 6 remains in effect. Staff would return in January/February of 2010 with a new report discussing the options available to the District if this should occur CONCLUSION Staff is recommending that City Council approve: 1) a resolution to initiate proceedings for the formation of Landscape Maintenance District No. 6-R to replace Landscape Maintenance District No. 6; 2) the levy of annual assessments 3) preparation of an Assessment Engineer's Report; 4) a resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments; and 5) setting a time and place for a public hearing including the initiation of assessment ballot procedures. Attachments Exhibit "A" -Flyer Resolutions Engineer's Report Ballot and Instructions P521 EXHIBIT "A" CITY OF RANCHO CUCAMONGA RANCHO LANDSCAPE MAINTENANCE DISTRICT (LMD) No. 6 CUCAMONGA INFORMATION a < Landscape Maintenance District 6 a' a a' f:R:'.,... ~ ~ d ~ ~ ~ Q HXlside Rtl `m ~, Wilson Av o w Banyan St 113th St '" ~a-.~~~:"n' - r __ Base Llne Rtl Bess LMe RA U Foothill BI Foothill BI Arrow Rt Arrow Rl eth st -„-_, Legend m ~a p a' City Llmita Q y01h5 L, ~ w K LMDB S 4th Sl _ 41h St $ a' sa $ a' a a' - - ~. ~'~ ~ ~ ~ ~ ~ ~ .'~' ® Mlles - - - - - 0.5025 0 0.5 1 7,5 WHAT IS AN LMD? • An LMD is a financing vehicle which can be used to pay the costs of the construction and/or maintenance of public improvements. Created pursuant to the State of California Landscaping and Lighting Act of 1972 (the "1972 Act"), the LMD applies to all developed and/or undeveloped properties based on special benefit to the property from landscaping improvements in the LMD. There are a number of LMDs in the City, for specific areas. Your property is in LMD 6; the boundaries of which are noted above. HOW IS AN LMD FUNDED? • LMDs are governed by the legal requirements of Proposition 218 (Article XIIID of the California Constitution) and the provisions of the 1972 Act. Each year the City levies an assessment on each parcel within each LMD through the County's Tax Assessor's Office. Annual assessments are paid as part of a line-tam on individual property tax bills. Rates in LMD 6 have not increased since 1993, several years prior to Proposition 218. WHAT DOES MY ASSESSMENT COVER? • The assessments collected are intended for use within the boundaries of each LMD and cover: landscape and tree maintenance contracts, mowing contracts, sports field maintenance, sports field maintenance and back flow testing along with paint, trail maintenance and repair, vandalism and graffiti repair, security and site lighting, a portion of city staff salaries benefits (administration and field). P522 HAVE THERE BEEN INCREASES IN THE COSTS TO MAINTAIN THE LMDs? • Yes. While the assessments have not increased in LMD 6 since 1993, during that same time water costs have increased 96% and are expected to increase another 12% before June 2010. Electricity increases occur on a regular basis and the costs of parts, materials and labor have increased over 40% since 1993. These increases have recently caused the level of service in LMD 6 to be lowered from a "B" to a "C" level to stay within the revenue collected annually. WHAT IS THE PROCESS? • Proposition 218, the "Right to Vote on Taxes Act" passed by California voters in November 1996 prohibited public agencies from increasing assessment rates without first submitting them to property owners for approval in an assessment ballot process. Property owners have the opportunity to indicate their desired assessment and level of maintenance through the assessment ballot process. On August 5, 2009 the City Council authorized staff to commence Proposition 218 ballot procedures within LMD 6 to allow property owners to vote~on the level of service they want to pay for. Ballots will be mailed on October 14, 2009 and they will be tabulated at the December 2, 2009 City Council meeting. To discuss all these items, and provide your feedback, please plan on attending t/ze community meeting: August 24, 2009 6:30 PM to 8:30 PM CARYN ELEMENTARY SCHOOL 6290 Sierra Crest View Loop Rancho Cucamonga, CA 91730 Questions: City of Ranch Cucamonga 909-477-2700 ext. 2585 LMD@cityo fi-c. us RANCHO CUCAMONGA P523 RESOLUTION NO. DcI%ZDC~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 6-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 6, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT WHEREAS, on June 4, 1986 by Resolution No. 86-171, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 6", (hereafter referred to as "LMD 6"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 6-R ("LMD 6-R") to replace LMD 6 and the levy of assessments within LMD 6-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, if the levy of the proposed assessments within LMD 6-R are not approved by the property owners, the existing LMD 6 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 6 assessments; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the proposed assessments to be levied in LMD 6-R and to prepare and file a report for LMD 6-R with the City Clerk in accordance with Assessment Law. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The City Council hereby proposes to form LMD 6-R to replace LMD• 6 and to levy assessments within LMD 6-R to pay for increased costs to service and maintain improvements within LMD 6-R. All maintenance and service items are detailed in the Engineer's Report. 2. The City Council hereby orders NBS to prepare and file with the City Clerk the Engineer's Report concerning the proposed assessments within LMD 6-R, which will take effect for Fiscal Year 2010/11 and subsequent years, if approved by the property owners, in accordance with the requirements of the Assessment Law. P524 APPROVED and ADOPTED this day of 2009. Donald J. Kurth, M.D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds, City Clerk P525 RESOLUTION NO. D4' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 6-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, on June 4, 1986 by Resolution No. 86-171, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 6", (hereafter referred to as "LMD 6"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 6-R ("LMD 6-R") to replace LMD 6 and the levy of assessments within LMD 6-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report for the levy and collection of annual assessments within LMD 6-R. NBS has determined that in order to comply with the Assessment Law, it is necessary to form a new, replacement district; and WHEREAS, the replacement Landscape Maintenance District is to be known and designated as "Landscape Maintenance District No. 6-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved by the property owners, the existing LMD 6 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 6 assessments; and WHEREAS, at this time the City Council desires to declare its intention to form the District and to provide for the levy and collection of annual assessments, beginning with the next ensuing fiscal year, to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements (defined below) within the District; and WHEREAS, the Engineer's Report has been filed with the City Clerk and submitted to 'this City Council in accordance with the Assessrent Law; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented and is preliminary satisfied with the proposed formation, each and all of the budget items and documents as set forth therein and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services within the District as set for in said Engineer's Report. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. That the Engineer's Report as presented, consisting of the following: a description of improvements, the estimated costs of improvements, a diagram for the District and the District assessment roll containing the Fiscal Year 2010/11 levy for each Assessor's parcel within the District, is P526 hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. 2. It is the intention of the City Council to order the formation of the District and to levy and collect assessments to pay the annual costs and expenses for the maintenance and servicing of improvements within said District. The improvements are the maintenance and servicing of the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Caryn Planned Community. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, repair and replacement. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. 3. The proposed District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the I-210 Freeway, south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue. The boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748, 13857 & 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester Avenue and west of Milliken Avenue. The District is designated by the name "Landscape Maintenance District No. 6-R". 4. The Engineer's Report as preliminarily approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to the Engineer's Report for a full detailed description of the improvements to be maintained, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. 5. Notice is hereby given that a Public Hearing is scheduled to be held at the City of Rancho Cucamonga, Council Chambers, 10500 Civic Center Drive, California on December 2, 2009 at 7:00 pm. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements or written communication made or filed by any interested person in regards to the proposed District. 6. The City Clerk is hereby directed to give notice of the Public Hearing by mailing the Notice of Public Hearing and Assessment Ballot Procedure and filing of the Engineer's Report, together with the assessment ballot materials to the record owners of all real property proposed to be assessed in accordance with Section 53753 of the Government Code and Section 4 of Article XIIID of the California Constitution. P527 APPROVED and ADOPTED this day of 2009. Donald J. Kurth, M.D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds,-City Clerk City of Rancho Cucamonga Landscape Maintenance District No. 6-R (Caryn Planned Community) Fiscal Year 2010/11 Engineer's Report October 2009 Submitted by Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 800 676 7516 BIS Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 800 434 8349 P528 P529 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2755 CITY COUNCIL Donald J. Kurth, M.D., Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF Jack Lam, AICP, City Manager Pamela S. Easter, Assistant City Manager John R. Gillison, Deputy City Manager/Administrative Services Linda D. Daniels, Acting Community Development Director William Wittkopf, Public Works Director Jeffrey Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III NBS Pablo Perez, Client Services Director K. Dennis Klingelhofer, P.E., Assessment Engineer Tiffany Ellis, Financial Analyst P530 TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. INTRODUCTION 2-1 2.1. Background of District .................................................................................. 2-1 2.2. Reason for Proposed Assessment ............................................................... 2-1 2.3. Process for Proposed Assessment .............................................................. 2-2 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District ................................................ 3-1 3.2. Description of Improvements and Services .. ................................................3-1 3.3. Map of Improvements .................................. ................................................ 3-5 3.4. Level of Maintenance Services Provided ..... ................................................ 3-6 4. ESTIMATE OF COSTS 4-1 4.1. District Budget ...............:.............................. ................................................4-1 4.2. Definitions of Budget Items .......................... ................................................4-2 5. METHOD OF ASSESSMENT 5-1 5.1. General ........................................................................................................5-1 5.2. Special Benefit ............................................................................................. 5-2 5.3. General Benefit ............................................................................................ 5-2 5.4. Method of Assessment Spread .................................................................... 5-3 5.5. Cost of Living Inflator ................................................................................... 5-4 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 P531 1. ENGINEER'S LETTER WHEREAS, on June 4, 1986 by Resolution No. 86-171, the City Council of the City of Rancho Cucamonga (the "City"), State of California, under the Landscaping and Lighting Act of 1972 (the "1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 6", (hereafter referred to as "LMD 6"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for LMD 6 so that property owners may approve increased funding for the maintenance of improvements which provide special benefit to them; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report. The purpose of the proposed assessment covered in this Engineer's Report is to replace the existing LMD 6 assessment for Fiscal Year 2010/11 and all subsequent years, and includes the reason for the proposed assessment, identifies the parcels upon which the assessment is proposed for imposition, and presents a basis upon which the assessment is to be calculated; and WHEREAS, the replacement Landscape Maintenance District, if approved by the property owners, is to be known and designated as "Landscape Maintenance District No. 6-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved, the existing LMD 6 shall remain in place and the City may continue to curtail services to match the revenues provided by the existing LMD 6 assessments. NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment, based on the service level known as "B" Service Level. Please refer to Section 3.4 of this report for a description of "B" Service Level. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 As Preliminary A roved Fiscal Year 2010/11 As Confirmed by Council Personnel Costs $27,260.00 Operations 8~ Maintenance Costs 414,441.00 Capital Projects Reserve Collection 6,000.00 Operating Reserve Fund Collection 55,027.45 Rounding Adjustment (0.01) Estimated Costs and Expenses $502,728.44 Total District EDU Count 1,196.9725 Maximum Allowable Assessment Per EDU $420.00 Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 1-1 Prepared by NBS -Fiscal Year 2010/11 P532 In making the assessments contained herein pursuant to the Assessment Law: I identified all parcels which will have a special benefit conferred upon them from the improvements described in Section 3.2 to this Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Section 6 of this Engineer's Report. I have assessed the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such assessment: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. K. Dennis Klingelhofer, P.E., Assessment Engineer Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 1-2 Prepared by NBS -Fiscal Year 2010/11 P533 2. INTRODUCTION 2.1. Background of District LMD 6 was formed in 1986 to finance the maintenance and operation of various landscaping improvements located within the boundaries of the district. At formation LMD 6 consisted of 235 parcels totaling 31.21 acres of land. Subsequently, the boundaries of LMD 6 were expanded through annexation until it reached its present day size of 1,273 single family residential parcels, 3 vacant residential parcels, and a school site. The last time assessment rates within LMD 6 were increased was in 1993, prior to the implementation of Proposition 218. 2.2. Reason for Proposed Assessment' Approval of the proposed assessment covered by this Engineer's Report will generate the revenue necessary to: A. Provide for the continued maintenance and servicing of the improvements described in Section 3.2. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas 'or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. B. Provide the means to pay for the increased cost of maintenance for all services currently provided. Currently, the assessment revenues generated based upon the existing assessments are not sufficient to pay for the costs of maintenance, labor, material and supplies, electricity, water and other items necessary for the satisfactory operation of the improvements. The City was required to deplete the LMD 6 Reserve Fund during the past year to offset the deficit in the assessment revenues in order to pay for the total costs to maintain the improvements at a "C" Service Level. Without increased assessments it will be necessary to further reduce the level of maintenance provided, thus jeopardizing the appearance of the landscaping improvements. The proposed assessment is necessary to provide the funds needed fora "B" Service Level of maintenance within the District. Please refer to Section 3.4 of this report, for a description of "B" Service Level. C. To add an annual cost of living inflator. Currently, LMD 6 does not have an annual cost of living inflator included in the method of assessment. The establishment of an annual escalation clause is necessary in order to help ensure that the District can continue the level of maintenance in future years as costs increase due to inflation or due to the increased cost of utilities beyond the City's control. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 2-1 Prepared by NBS -Fiscal Year 2010/11 P534 2.3. Process for Proposed Assessment The City cannot increase assessments within the District without complying with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to increase the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed increase replacement assessments designated as Landscape Maintenance District No. 6-R. If there is a majority protest, as described above, the City will continue to levy the existing LMD 6 assessments. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 2-2 Prepared by NBS -Fiscal Year 2010/11 P535 3. PLANS AND SPECIFICATIONS The District provides for the continued administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the I-210 Freeway, south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue. The boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748, 13857 & 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester Avenue and west of Milliken Avenue. 3.2. Description of Improvements. and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Caryn Planned Community. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location CC-1 The Southside of Banyan St. from 1290 feet west of Milliken to Milliken. The west side of Milliken & median from Banyan St. to 292 south of Vintage Dr. Ground Cover area: 96.892 square feet Turf area: 17.945 square feet Hardscape area: 13.944 square feet CC-2 For information purposes: This site was deleted 7-1-00 and was combined with CC-1. CC-3 The paseo on the west side of Morning PI. from Morning PI. to Deer Creek Channel. Ground Cover area: 2.801 square feet Turf area: 124 square feet Hardscape area: 4.609 square feet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-1 Prepared by NBS -Fiscal Year 2010/11 P536 CC-4 The west side of Morning PI., from Banyan St. to Starview PI. The north side of Starview PI., from Morning PI. to Star View Ct. Ground Cover area: 14,273 square feet Turf area: 5.513 square feet Hardscape area: 5.000 square feet CC-5 Silver Sun paseo from the end of Silver Sun cul-de-sac to Deer Creek Channel. Ground Cover area: 25.890 square feet Turf area: 12.084 square feet Hardscape area: 1,350 square feet CC-6 The east and west side of Netherlands View Loop from Vintage Dr. to Vintage Dr. The Netherlands View Loop paseo from Netherlands View Loop to Mt Sterling Ct. Ground Cover area: 88.902 square feet Turf area: 676 square feet Hardscape area: 23.650 square feet CC-7 The east and west side of Hillview Loop from Mt. Rainer Ct. to Kettle Peak. Ground Cover area: 14.930 square feet Turf area: 6.318 square feet Hardscape area: 12.236 square feet CC-8 The paseo from Hillview Loop to Vintage Dr. , Ground Cover area: 42.107 square feet Turf area: 22.752 square feet Hardscape area: 4.089 square feet ' CC-9 The south side of Vintage Dr. from 250 feet west of Hillview Loop to Hillview Loop. The west side of Hillview Loop from Vintage Dr. to Kettle Peak. The west side of Kettle Peak from Hillview Loop to Donner Pass Ct. The east side of Hillview Loop from Kettle Peak to Tioga Peak. Ground Cover area: 47.334 square feet Turf area: 4,954 square feet Hardscape area: 9.088 square feet CC-10 The east side of Terrace View Loop from Vintage Dr. to Butler Peak. The west side of Terrace View Loop from Rainbow Falls Ct. to Vintage Dr. Ground Cover area: 24,603 square feet Hardscape area: 10.760 square feet CC-11 The paseo from Caryn School to Banyan St. The south side of Banyan St. from the paseo to Rochester Ave. The east and west side of Mt. Baldy Ct. from Banyan St. to Sierra Crest View Loop. The north side of Sierra Crest View Loop from Hilltop Ct. to Woodland Ct. Ground Cover area: 47.507 square feet Turf area: 7,810 square feet Hardscape area: 7,825 square feet CC-12 The Separation Paseo from Vintage Dr. to Pinnacle Peak. Ground Cover area: 50,325 square feet Turf area: 15.021 square feet Hardscape area: 7,675 square feet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-2 Prepared by NBS -Fiscal Year 2010/11 P537 CC-13 The east side of Hillview Loop from Tioga Peak Ct. to Vintage Dr. The south side of Vintage Dr. from Hillview Loop to Terrace View Loop. The north side of Vintage Dr. from Hillview Loop to Caryn School. The east side of Terrace View Loop from Vintage Dr. to Mt. San Antonio Ct. Ground Cover area: 26.162 square feet Turf area: 4,508 square feet Hardscape area: 12,928 square feet CC-14 The east side of Sierra Crest View Loop from Mt. Waverly to Vintage Dr. The north side of Vintage Dr. from Sierra Crest View Loop to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Vintage Dr. to Mt. Wilson Ct. The south side of Vintage Dr. from Netherlands View Loop to 330 feet west of Netherlands View Loop. Ground Cover area: 73.250 square feet Turf area: 16.525 square feet Hardscape area: 9.885 square feet CC-15 The south side of Sierra Crest View Loop from Mt. Waverly Ct. to Mt. Cambridge Ct. The north side of Sierra Crest View Loop from Mt. Cambridge Ct. to Woodland Ct. The north side of Sierra Crest View Loop from Hilltop Ct. to Caryn School. The Sierra Crest View Loop paseo from Sierra Crest View Loop to Mt. Sherman Ct. Ground Cover area: 70,990 square feet Turf area: 7,699 square feet Hardscape area: 20,055 square feet CC-16 The south side of Vintage Dr. from Netherlands View Loop to Rochester Ave. The north side of Vintage Dr. from Rochester Ave. to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Mt. Wilson Ct. to Mt. Cambridge Ct. The Netherlands View Loop Paseo from Vintage Dr. to Mt. Sterling Ct. Ground Cover area: 77,202 square feet Turf area: 3,954 square feet Hardscape area: 18,195 square feet CC-17 The east side of Milliken Ave. from Vintage Dr. to Banyan St. Ground Cover area: 13.740 square feet Turf area: 9.088 square feet Hardscape area: 6.460 square feet CC-18 The north side of Vintage Dr. from Milliken Ave. to Hillview Loop. The south side of Vintage Dr. from 104 feet west of Hillview Loop to Milliken Ave. Ground Cover area: 32.287 square feet Turf area: 3.889 square feet Hardscape area: 11,188 square feet CC-19 The Terrace View Loop paseo from Vintage Dr. to Terrace View Loop. Ground Cover area: 17,496 square feet Turf area: 15.617 square feet Hardscape area: 2.736 square feet CC-20 The east side of Terrace View Loop from Mt. San Antonio Ct. to EI Capitan Ct. The west side of Terrace View Loop from Butler Peak PI. to Mt San Antonio Ct. Ground Cover area: 20.627 square feet Turf area: 20.017 square feet Hardscape area: 7,888 square feet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-3 Prepared by NBS -Fiscal Year 2010/11 P538 CC-21 The west side of Rochester from Banyan to 317 feet south of Vintage Dr. Ground Cover area: 31,292 square feet CC-22 The south side of Vintage Dr. from Terrace View Loop to Sierra Crest View Loop. The east and west side of Hillview Loop from Vintage Dr. to Mt. Rainer Ct. Ground Cover area: 11.609 square feet Turf area: 3.763 square feet Hardscape area: 6.524 square feet CC-23 The south side of Banyan from Milliken to Butler Peak PI. The west side of Butler Peak PI. from Banyan St. to Terrace View Loop. The north side of Terrace View Loop from Butler Peak PI. to Rainbow Falls Ct. Ground Cover area: 12,132 square feet Hardscape area: 528 square feet CC-24 The north side of Terrace View Loop from EI Capitan Ct. to Butler Peak PI. The east side of Butler Peak PI. from Terrace View Loop to Banyan St. The south side of Banyan St. from Butler Peak PI. to 990 feet east of Butler Peak PI. Ground Cover area: 14,452 square feet Hardscape area: 1,600 square feet CC-25 This site was moved to CC-13. This mainline was part of CC-13 and should not have been its own site. CC-26 The east side of Rochester from 210 freeway to Vintage Dr. The north and south side of Vintage from to Rochester to Thunder Mountain Ct. The west side of Rochester from 317 feet south of Vintage Dr. to the 210 freeway. Ground Cover area: 35.037 square feet Hardscape area: 19.779 square feet CC-27 The Milliken median and the westside of Milliken from 292 feet south of Vintage to 210 freeway. Ground Cover area: 13.365 square feet Hardscape area: 12,300 square feet CC-28 The east side of Milliken from Vintage to the 210 freeway right- of-way. Ground Cover area: 17.724 square feet Cobble area: 2,387 square feet Hardscape area: 5,810 square feet Total Ground Cover: 922.929 square feet Total Turf: 178.257 square feet Total Hardscape: 238.489 square feet Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-4 Prepared by NBS -Fiscal Year 2010/11 P539 3.3. Map of Improvements The following page shows the approximate location (for reference only -may not include all) of landscaping improvements, including irrigation sites and community trails, to be maintained by the District. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-5 Prepared by NBS -Fiscal Year 2010/11 P540 18 ~aaa~ ~(ea - crs a~ ¢` ~ U ~ N ~ f6 C C ~ ~ O O p O N N 'ca o ~ _.._.._.._.._.._.._.._.._.._.._.._.._..-i ~ c$ co U a ~ ~ Z Z ~ v J Q Q ~+ 07 C ~ ~ C U ~ ~ ~ ~ ~ ' i ~ _. i N ~ ~ r ~ ~~ ~Z i U ~~I N ~ .v c_ C ~i !_------------------ ~ ~_ -- i ny ~a~sayoo~ _ `~ ! _ f /~~ ~ N I W ~ 0 ! ~1 `' U-~ ~ ` I ~ r~ ~ ~ ~ ! ~ ~~ ~ I I ~ V ~~ ~ ~ i 0 ~ ! U v ~ ~ ~ i V I ~ ~ ~ '~ .f ! ~ `~ `r N ^~ ~ U i ~ O N ~ o V~~ U U U ~ ~ •Y N ~ 1 Ui~v ~ I o V (~ -. //~ ~ 1 ~ ' ~ N ~ Q~ ~1~ ~ I O ~ U ~~U ~~~UI I ~J ' ` ~ ~ _. .~ ~ I I ~ s - I ~ I `,~~ ~ N ~ ; U I U U _ _. • ~I ~~R N ~..~..~..~.~ L__- V._-__-.U -__ V ___ _ _ __~ L EiY F~'~p a'~°e~Eg~~~~~Ek 'geg ~E€x°rf~ pEEr E~~~U4~ BE FEa ..~~~ 95 @9'YB C U _ 8 ~~~ss~~.~nd' of ~ ~' i~$E $~g x ~J W P3~0&i~eafiE P541 3.4. Level of Maintenance Services Provided The City has defined graduated levels of maintenance services provided from A (highest) through F (lowest). The variation between each service level is based on the frequency of maintenance performed, and the level of maintenance service provided is determined by the amount of revenues collected. At formation of LMD 6, the landscaping improvements were maintained at an "A" Service Level and in recent years moved to a "B" Service Level (through 2008/09). In 2009/10 the existing district is at a "C" Service Level due to an increase in costs associated with the maintenance of improvements. Through community outreach meetings and property owner feedback, the property owners within LMD 6 have expressed dissatisfaction with the "C" Service Level. It is the City's intention to maintain the District improvements at a "B" Service Level. The following shows the approximate frequency of maintenance provided based on the level of service. Turf Maintenance Schedule "B" Level Maintenance "C" Level Maintenance Mowin , ed in and trimmin around s rinklers Weekl Biweekl Fertilization Per Schedule II-A n/a Fertilization Schedule "B" Level Maintenance "C" Level Maintenance Shrubs, round cover and vines Eve 120 da s Eve 180 da s Trees Annuall Annuall Trash and Debris Removal "B" Level Maintenance "C" Level Maintenance Turf Weekl Biweekl Hardsca a includes weed removal Biweekl Biweekl Ground Cover Biweekl Biweekl "B" Level "C" Level Weed and Pest Control Schedule Maintenance Maintenance Complete control and/or eradication of all plant pests and weeds within the landscape as Every 90 days Every 180 days scheduled "B" Level "C" Level Prunin and Trimmin Schedule Maintenance Maintenance Ground Cover Trim to prevent encroachment on Monthly Bimonthly hardscape, structures, etc. Vines Trim Vines to present a neat Semi-Annually Annually appearance Shrubs Shear to maintain a neat appearance As Needed Semi-Annually to prevent encroachment Trees ~ Maintain all trees in their natural shape As Needed Maintain in safe to fifteen feet above grade condition Please note: maintenance frequencies listed above are defined as follows: Biweekly is a frequency of every two weeks and Bimonthly is a frequency of every two months. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-6 Prepared by NBS -Fiscal Year 2010/11 P542 Schedule 11-A Annual Fertilizer Schedule For Tall Fescue Turf Month: Jan Feb Mar A r Ma Jun Jul Au Se Oct Nov Dec Timin * E L M E L * * M T e: D 4.3 D 4.3 S 4.7 C 6.2 S 4.7 N 6 Timing: E -Early Part of the Month M -Middle Part of the Month L -Late Part of the Month * - If turf areas require over-seeding, then apre-plant fertilizer such as Simplot's 6-20-20 (or approved equal) shall be used at the rate of 16 lbs. per 1000 sq. ft. anytime after Nov. 1 S` Type of Fertilizer: S -Sulfate of Ammonia (21-0-0) . N -Calcium Nitrate (15.5-0-0) D -Simplot 16-8-8 + Dimension (or approved equal) C -Simplot 12-8-16 (or approved equal) The number next to the type of fertilizer represents the pounds per 1000 square feet. This fertilizer program applies roughly 5 lbs. actual N per 1000 sq. ft. per year. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 3-7 Prepared by NBS -Fiscal Year 2010/11 P543 4. ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as ,part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. 4.1. District Budget Estimated 2010/11 Bud et Personnel Services Regular Payroll $17,720.00 Part-time Salaries 1,090.00 Frinoe Benefits 8.450.00 Subtotal Personnel $27,260.00 Operations and Maintenance Operations and Maintenance $5,231.00 Contract Services 214,900.00 Tree Maintenance 18,000.00 Utilities Water Utilities 140,320.00 Electric Utilities 7,230.00 Assessment Administration 7,020.00 General Overhead 21.740.00 Subtotal Operations and Maintenance $474,441.00 Total District Expenditure Budget $441,701.00 Operating Reserve Collection 55,027.45 Capital Projects Reserve Collection 6,000.00 Roundino Adjustment (0.011 Estimated Costs and Expenses $502,728.44 Total District EDU Count 1,196.9725 Maximum Allowable Assessment Per EDU -Fiscal Year 2010111 $420.00 The maximum allowable assessment per EDU listed in the District budget above, is based on the estimated maintenance and services costs for Fiscal Year 2010/11. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum after the application of the cost of living inflator defined in Section 5.5 of this report unless the increase is approved by the property owners in accordance with Proposition 218. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 4-1 Prepared by NBS -Fiscal Year 2010/11 P544 It is the intent of the City of Rancho Cucamonga to establish an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance ($90,798.00) Operating Reserve Collection -Fiscal Year 2010/11 55,027.45 Reimburse to Citv January 1 2009 -June 30. 2010 to maintain at "B" Service Level (17,860.001 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance ($53,630.55) 4.2. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company and related services as needed for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, and procedural matters associated with the District. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 4-2 Prepared by NBS -Fiscal Year 2010/11 P545 Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Capital Projects Reserve Collection: This item includes the amount to be collected for capital projects to further enhance the level and quality of service provided within the boundaries of the District. This may include, but not limited to, new monuments, irrigation systems, the mulching of ground cover and shrub areas and other improvements. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 4-3 Prepared by NBS -Fiscal Year 2010/11 P546 5. METHOD OF ASSESSMENT 5.1. General Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. " The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and. convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where as only special benefit is assessed. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-1 Prepared by NBS -Fiscal Year 2010/11 P547 5.2. Special Benefit The maintenance and servicing of landscaping improvements and community trails within the District are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: improving the livability, appearance, and desirability for properties within the boundaries of the District, and ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and providing beautification, shade and overall enhancement to properties within the District. The above mentioned items contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. 5.3. General Benefit In addition to the special benefits received by parcels within the District, there are incidental general benefits that are conferred on parcels outside the boundaries of the District which include: • the control of dust and insect infestations, and • the visual enhancement of the area to persons or vehicles that may travel through the District. However it has been determined that these benefits are incidental and do not provide a direct benefit to parcels outside of the district that are not being assessed. Any incidental benefit received by parcels outside of the District is further offset by the incidental benefit received by parcels within the District from the maintenance of landscaping improvements by the other assessment districts within the City. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-2 Prepared by NBS -Fiscal Year 2010/11 P548 5.4. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land-use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EDU value of 0.25 per acre in recognition of the limited benefit they receive from the improvements maintained by the District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District underjoint use agreements between the School District and the City. There are two benefit zones within the District: Zone 1 and Zone 2. The difference in EDU value for a single family home between Zone 1 and Zone 2 is the proximity to the improvements. Zone 2 parcels are on the far east and west side of the District, and the improvements are more prevalent throughout the middle of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements, as parcels within Zone 1. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EDU assignment. Land-Use Equivalent Dwelling Units Pro ert T e Count Use Code EDU Value Multi lier Single Family Residential -Zone 1 1.00 Unit Single Family Residential -Zone 2 0.75 Unit Vacant 0.25 Acre School 0.25 Acre Trails, Common Area, Open Space, ~ Easements, Utilit Parcels, Streets 0.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-3 Prepared by NBS -Fiscal Year 2010/11 P549 The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Per EDU" Total Units/Acres Total EDUs Single Family Residential -Zone 1 $420.00 963.00 963.0000 Single Family Residential -Zone 2 315.00 310.00 232.5000 Vacant 105.00 0.54 0.1350 School 105.00 5.35 1.3375 Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 0.00 0.0000 'The maximum allowable assessment is subject to an annual cost of living inflator as described in Section 5.5. It is proposed to assess the total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in Section 7 of this report. 5.5: Cost of Living Inflator Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment can not exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 5-4 Prepared by NBS -Fiscal Year 2010/11 P550 6. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following pages. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's.Report. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 6-1 Prepared by NBS -Fiscal Year 2010/11 P~ ~ LL O ~ W O ~H= .o Z ~ Q LL C m W I 2 ~ ~ W d U ? W = ~ U ~JN ~ COd=~' ~d ¢ OWN Q~Q W2 ~ N Z 7 2 a W m LL f 0 7 O p y V LL Q „~f ~p H QZ OW W d F LL Q a lV Q IN 0 W Z U - W C7>~2 Z~OO ~ UU RW~S fy OLL Op H OUJQ b Qy2 Q~ p Z N U~ Z d. dOLLU d' Q O Q N W W D Z d' = 0 JU J LL OLL ~~ O O W JO OLL = f Y I -U Z U U t~NyO U LL C U F - p~ ' ULL O a0 ;DOLL ~O Z O Z Z W Z > y LLyF-1- Z O Z ZLL ~ W O W Z O O Z ¢ V LL ~ aQ ~aQfl W aQ t)Z aZZw= U22 GZfU OW~ Q Z N o U U W ~ F W H Z V W m m m f U H~ ~ W W m p p IL LL LL C LL? =Z ~QZOCp SZ LL O QOLL w7 G d'Z O W a~n = ~ d'ZO UdOU O d'ZO ~ ~ N W LL LLv CO `_~ r. ? ) Q ~ILF JLL~ mU~00~ JLL~ fCy7NOO ~~ O~'O 4 JS UOZ 4GZUK0 UOZ ~~O zC~ w ~~ O~W=f `n ~ a ZZ iii tWiw y of O i s UVU aUUH d' UVU ~~t n r - IiOQ=N 00 UU oQU , 2aQ O N Z O ti U Q H ~ Z 3~ 3 0 ~~/ Q ~aZ o _ Q W v~0 ~ Z V m J ~ ZQ ~ZCai a W Z c~t i~LL ~ W zoo f4 f" ga o w Z LL F Q ~ ~ W Q ~zu i ~ ~ ~ f/1 "" o a a v ~, } Q m - _ ~~ r ~ W N K ~. W f0 Q ~ D ~ Z 2 N F W m = W J N ~ N o a 0 z a W N U J i51 P5 ASSESSMENT DIAGRAM SHEET 2 OF 7 LANDSCAPE MAINTENANCE DISTRICT NO.6-R CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA BANYAN ST ~ tJ N N 227 ~ ,M• ~ h '--, °r`' ~O ~~ \~JT (~}~ ~ T ~~ N r ^ ~ ~ ~ Ci 1 29 ~~~~ \O°G ~Y' 222 cl~ STARVIEW ~ 2 221 ~ ~ ~'u' co h ~' S~ 182 ~~'~ Q~ N N O G~~ r ~ ~ ~' r~~ ~ NNG 2o ~p~ 22 ~A S ~ > > ~ ~ ~ ,~o 2r9 .~ MO ~ 0 2 o r ~ o p~ r8 ~ ti , ~g6 ~o m 9~ ~~ ~ o \ 9 0 27~ ,212 ~ o ~ rgs 2 1g~ 21 2~3 ~~ ~ ~ i^ ,REFLECTION DR ~195 ~~ ~ ~ ~ ~ a 189 215 214 ~ 8 152 ~. r- ~- ~- . ~- 135 136 147 a 153 z 103 _ ~ D~ 171 _ ~' ~p ~ 154 !~ 104 ~ 170 I 134 137 146 J ~~ 155 ' ~O r , ~ a ~ 133 138 145 = O 105 \69 ~ 156 161 ° COs ~ 132 139 144 Z c2 131 140 N M- ~ 157 160 Z ~ ~6> / rp~ ~ 9I / ~ 130 141 ' ~ ~ 158 159 1 ~ ~%\"~ °-~'`p' p~ _ ~ 129 HIGHVIEW DR ~ p ~~' 110 I `~ 128 ~~cfl Ln d~ M N ~-To~o~ co ~ \ ° 7 rn N ,N N N N N N ~N ~~ ~ ~~ r r r r r r l l"~ ~ ~ ~ ~~ \ ti j. S ~c,,tiwrno~rn'o 0~~02~ w ~_ \ I L~~ S~ ~~ ~.,_ VINTAGE DR 94 ~ 61 I 62 °j a~ r~ co ~ ~ M ~oo ti~co~Ln ~ 93 4 __ _ rr ~r ~ ~t ~r v~ i a~ rn ~ rn rn 23 ~ 2S -L.- ~- 63 ~ ~'~ \ ~ ~~~~ 64 Q 22 - ~'S ~ ~° ~ 1 ~ 26 \ _ 9r - z 21 6 `~ ~ ~ y _ 4 3~ 8s ~~~~ 9~ ~6 ~ J 20 27 G 3 ~ ~ 39 ~~ ~~ ~ ~_ , 19 8 3 32 ~ ~ 40 ~~~~` ~`O%<b ~~ ~~ 18 ~,~ ~0 -~G 3p -~ ~ N ^ ~ ~` i~ r ~Q,S '~ ~ SUMMERSIDE DR ~ ~~, ~ ~~\ >> ~"~~~y ~ N O ~ ~ W 61 ~1 r~ ~9~ ~ ZONE 2 LEGEND DISTRICT BOUNDARY 100 0 100 200 300 -- - PARCEL LINES Feet 1234 ASSESSMENT NUMBER 52 P~ ASSESSMENT DIAGRAM SHEET 4 OF 7 LAN DSCAPE MAINTENANCE DISTRICT N0.6-R CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA 1249 ~ ~ ~ v 1248 N N N N 1321 BIGHORN PEAK CT 1320 1319 1250 1251 N N N ~ r r r (T 1318 1261 rn ~ ~ ~ 1260 N N N N .- ~ 1317 TIMBER MOUNTAIN CT 1316 1262 v ~n co ~ ~ m ~n m 1263 ~ ~ ~ ~ 1315 M H w VINTAGE DR w x w y 1272 1271 N N N ¢ 1314 Q 1273 Z ~ ~ ~ ~ ~ Z PINE MOUNTAIN CT ~ O 1313 U w ~ ~ _ U 1274 ~ r- m W 1312 O D 1276 ~ ~ ~ ~ 1275 'O ~ = H 1311 12$5 M O 1284 N 1282 N N ~- ~ ~' 1310 LONE PEAK DR 1309 1266 N 1288 N 1290 1291 13(]8 1307 1297 1296 N N N N 1306 DAWSON PEAK CT N 1305 1298 1299 W° ~ r°> 1303 o 1304 210 FREEWAY ZONE 2 LEGEND DISTRICT BOUN DARY ~ -- - ---- PARCEL LINES 100 0 100 200 300 1234 ASSESSMENT NUMBER Feet i54 pc yy QQ_QQ pypy pp yy yyp1~ (pp ~p~p LL ~ t ~^ ^~ N N N N N N N N N N~ Cl ~ M~ M <~'1 1A~I ~ ~ N N~ N~ N ~ N N M ~ ~~ N N ~ 1t) U1 1 (1 I tf N 1n N N i(f N N ~ N IA N N N 1a) Y1 N N 1[I N N N N N N 1A h N 1[I O Q _ _ _ Q N th N A O1 O N M Q 1n 0 0 010 N .N.th y$ N.~p _A .aC_QQ~.O .- N 1h~Q 10 t0 ^ OD 01 O~ ~ N N .- N N A A A ~ ~ ~ A n n r h ^~~~ R R R Y' R 4 4 R Y 4 Y 4 R Y W W R~~ ` ` W ~ c~ 1n 'cn m in 1n 1%11n n in in i~ in r1 in ~ ~ n c%1 c~ cn o1 1o v e v v a v v v a v a a a a v a o 0 o a v vie o N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Q Ijl 1f1 Ih Ih 1h ~ 1h ~ ~ ~ ~ IA IA Ih ~ 111 lfl Ih 1jl Ih 1f! ah ~ ~ 1h ~ 1jl If! 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ASSESSMENT ROLL The assessment roll is a listing of the proposed assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following table summarizes the Fiscal Year 2010/11 assessments for the District: ro e T e Coun Use Code Maximum Allowable Assessment Per EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential -Zone 1 $420.00 963.00 963.0000 $404,460.00 Single Family Residential -Zone 2 315.00 310.00 232.5000 97,650.00 Vacant 105.00 0.54 0.1350 56.70 School 105.00 5.35 1.3375 561.75 Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 0.00 0.00 0.00 Total 1,196.9725 $502,728.45 Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 7-1 Prepared by NBS -Fiscal Year 2010/11 P559 t0 O t0 Z ~r c v f~/1-~ !0 O O V C N V ~ ~ ~ C d ~ ~ H } ~p _C y <0 ~ •~ N N p~au. Q. 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The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Landscape Maintenance District No. 6-R is a replacement District. If the proposed replacement District covered by this ballot is not approved, the existing LMD 6 remains in place and the City will continue to levy the existing LMD 6 assessments. Assessment Ballot Please mark one box, sign and print name below This ballot will be void if any markings are in both boxes or if not signed The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner; otherwise this ballot will not be tabulated. Yes, I am in favor of the proposed maximum assessment for Fiscal Year 2010/11 of: <$XXX.XX> "The amount is proposed to increase as described above beginning Fiscal Year 2011 /12. No, I am opposed to the proposed maximum assessment for Fiscal Year 2010/11 of: <$XXX.XX> kThe amount is proposed to increase as described above beginning Fiscal Year 2011 /12. CERTIFICATE OF ENTITLEMENT The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this assessment ballot. Signature of Property Owner Printed Name Please fold and insert the completed ballot into the enclosed return envelope, seal and mail or deliver to: CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 Please refer to the enclosed instructions for further details. Ballot must be received prior to the conclusion of the Public Hearing on December 2, 2009. <LMD 6-R X,XXX> P598 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT N0.6-R ASSESSMENT BALLOT PROCEDURES INSTRUCTIONS REGARDING SUBMISSION OF ASSESSMENT BALLOT In order to complete and submit the enclosed assessment ballot, you must complete the following steps. 1. Review the Certificate of Entitlement Statement shown on the assessment ballot. Ensure that you meet the entitlement requirements pertaining to the property identified in the assessment ballot before completing the ballot. If you do not satisfy the entitlement requirements please forward the assessment ballot to the person or persons who does satisfy those requirements. 2. If you satisfy the entitlement requirements, please sign your name and print or type your name in the spaces provided. 3. To complete the assessment ballot, mark one and only one of the squares provided. The assessment ballot will be void and shall not be tabulated unless it is properly completed by signing and printing your name and marking one of the squares. 4. Fold and insert the assessment ballot into the enclosed return envelope and seal the envelope. All assessment ballots must be received by the City Clerk prior to conclusion of the Public Hearing. Assessment ballots may be returned by mail in the self-addressed return envelope, which is included with the assessment ballot. If you are returning your assessment ballot by mail you must allow sufficient time to ensure that the assessment ballot is received by the City Clerk on or before 5:00 p.m. on December 2, 2009. Please note that an assessment ballot received after the close of the Public Hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before December 2, 2009. You may also deliver your assessment ballot to the City Clerk at the following address: OFFICE OF THE CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC'CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 After 5:00 p.m. on December 2, 2009 and at any time prior to the conclusion of the Public Hearing, you may deliver your assessment ballot to the City Clerk at the location of the Public Hearing given in the Notice of Public Hearing and Assessment Ballot Procedure. LOST, SPOILED OR DAMAGED BALLOTS: If you have lost, spoiled or damaged your assessment ballot, please call the telephone number set forth below for information on how you may obtain a replacement assessment ballot. IF YOU HAVE ANY QUESTIONS REGARDING THESE INSTRUCTIONS OR THE ASSESSMENT BALLOT PROCEDURE, PLEASE CONTACT: SPECIAL DISTRICTS CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909-477-2700 EXTENSION 2585 EMAIL: LMD@cityofrc.us WEBSITE: HTTP://GIS.CITYOFRC.US/SPECIALDISTRICTSLMDINFO.HTM P599 NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO.6-R ASSESSOR'S PARCEL NUMBER: <XXXX-XXX-XXX> NOTICE OF PUBLIC HEARING This notice informs you, as the record owner of property within the proposed Landscape Maintenance District No. 6-R, that the City of Rancho Cucamonga will be conducting a Public Hearing pursuant to the provisions of the Landscaping and Lighting Act of 1972, Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act. LANDSCAPE MAINTENANCE DISTRICT NO. 6-R IS A REPLACEMENT DISTRICT. IF THE PROPOSED REPLACEMENT DISTRICT COVERED BY THIS BALLOT PROCEDURE IS NOT APPROVED BY THE PROPERTY OWNERS, THE EXISTING LMD 6 REMAINS IN PLACE AND THE CITY WILL CONTINUE TO LEVY THE EXISTING LMD 6 ASSESSMENTS. The Public Hearing is hereby scheduled to be held at the Citv of Rancho Cucamonga, Council Chambers, 10500 Civic Center Drive, California on: December 2, 2009, at 7:00 p.m. or as soon thereafter as the matter may be heard. All interested persons are invited to attend and express opinions on the matter of the proposed District. RIGHT TO SUBMIT ASSESSMENT BALLOT Owners of record who desire to submit an assessment ballot must mail or personally deliver a completed assessment ballot to the office of the City Clerk. An assessment ballot and return envelope are enclosed with this Notice. Spouses wishing to submit separate ballots may obtain split replacement ballots by contacting the City at the contact information shown at the bottom of this Notice. All assessment ballots must be received by the City Clerk at or before the conclusion of the Public Hearing shown above. The delivery address is: Office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 ASSESSMENT INFORMATION Boundaries of the District: The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the I-210 Freeway, south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue. The boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748, 13857 & 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester Avenue and west of Milliken Avenue. Total Proposed Fiscal Year 2010/11 Maximum Assessment for the Entire District: $502,728.45 Your Proposed Maximum Assessment for Fiscal Year 2010/11: <$XXXXX>. The proposed maximum Fiscal Year 2010/11 assessment for the property identified above is also shown on the enclosed assessment ballot. Duration of Proposed Assessment: The proposed assessment for the District will be levied annually as long as funds are necessary for the maintenance of improvements. Cost of Living Inflator: Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount (as shown above) may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is regative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment can not exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. P600 Reasons for the Proposed Assessment: The proposed assessments will provide for the continued maintenance of the landscaping improvements throughout the District at a B level of service, provide for the means to pay for the increased costs of maintenance and services, and add an annual cost of living inflator. The improvements being maintained provide a direct and special benefit to all parcels within the District boundaries. Basis of Proposed Assessment: The method of apportionment of the proposed assessment is based upon the relative special benefit received from the improvements and conferred upon the property within the District over and above the general benefit conferred upon the public at large. All assessable parcels within the proposed District receive special and direct benefit from the maintenance of the improvements. Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received, in accordance with the formula listed below: Pro e T e Coun Use Code EDU Value Multi tier 2010/11 Maximum Assessment Rate Single Family Residential -Zone 1 1.00 Unit $420.00 Single Family Residential -Zone 2 0.75 Unit 315.00 Vacant 0.25 Acre 105.00 School 0.25 Acre 105.00 Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 Parcel 0.00 The use of the latest County Assessor's Secured Roll shall 'be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. The maximum assessment is subject to an annual cost of living inflator as described above. A complete description of the method of assessment is described in the Engineer's Report, a copy of which is available at the office of the City Clerk or at the website address shown below. ASSESSMENT BALLOTING PROCEDURES Upon completion, please fold and insert the assessment ballot into the return envelope and seal the envelope. Make sure you sign and mark your assessment ballot. Mail or deliver the ballot to the address shown on the return envelope pursuant to the enclosed instructions regarding submission of assessment ballot. The City Council will consider approving the District formation and to impose the annual assessment as described above and on the enclosed assessment ballot if there is no majority protest. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. THE PROPOSED ANNUAL ASSESSMENT AS DESCRIBED IN THIS NOTICE IS A REPLACEMENT TO YOUR EXISTING LMD 6 ASSESSMENT AND, IF APPROVED, WILL APPEAR EACH YEAR ON YOUR PROPERTY TAX BILL. QUESTIONS REGARDING THESE PROCEEDINGS For information relating to these proceedings, public hearing and the ballot procedure, please contact: SPECIAL DISTRICTS CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909-477-2700 EXTENSION 2585 EMAIL: LMD@cityofrc.us WEBSITE: HTTP://GIS.CITYOFRC.US/SPECIALDISTRICTSLMDINFO.HTM P601 c~ z o ~ Q M I~ W 2 ~- ~ U J Q m ~a Z ~ ¢ O 2 ~-~~ ( ') ~ Z Y ~ W U ~o m ~ W ~ U o~~, w J U~Q iN Zt it U ~ W Z O V Z V N z c w ~ H J N wz~ a W Q U ='U U Z H N a= o v~~z~ U~ ~O U aww•c ~Qa~ ~ ~wVO av~x O U o U o. Z Z 3 L ~ o ~ u- ~ Z L Ogoa U O ° ~~ ~~ ~~a c~ ~, W U z z W a Q z a ~ 00 . !"{ O N ~ z 0 ~ ~ o a ~ ~' o Q a r~ V I--1 F--~ w w 0 a 0 ~_~ g C~ ~ ,~ O ~ A ~ ~ ~ p ~., W z A" V ° ~ d o ~G~I ~ U o N QI ["~ C W A ~ N ~ W O ~ ~ A W O W S a Z ~ ~ a ~ z U ~ W ~ O v w F,,, W ~ `° ~ ~ ~ ~ A ~ U ~ O w Ua ~z~ ~~o ~¢~ ~~CJ W ~ a A N M ~r 00 ~~O W~a 0 M ~ ~ ~o ~~ ~ z; U ~c ~~/ Q w ~~ O x H W W W ~~/ W U 0 M ~ o°` o ov'o o a ~ V ~ ~ ~n N U ~ ~ ~ ~ ~ o ~ ~ ~ ° v °c ~ ~ ., ~, ~ ~ c N ~ ~ a a ~ o ~ ~ v ~' ~ . U ~o z c.~' a ~ o o, ~ d ~ ~ ~° a~~ A o ea ~ .~ Vo~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ .~~. ~;~ ~w U ~ ~ o°` c ° ~ ~~ c. an ~ ~ ~ ~i y ~ a 0 a a ego 0 ov'o ~ ~ ~ N U °~' o ° ~ o ~ N ~ ~ 0 0~ ~~ .. U .~ N ~~Q ~J ~ ~~~ ~ `_" r•~m, 0 ~ ~ ,-~ O _O O O N O .-~ ~ ~ ~ ~ ~ ~ •!~~ ~-+ r ~mm^ e V f^e 1~ ~ W N t~ ~n v, a ~ v ~o ~ c~ ' x ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~-+ o o o o ~ 0 0 0 0 ~ o ~; ~ ~ , a ~ N ~ ~--~ M O ^' O .-. W ~ I~ 69 b9 69 69 69 ~ ~ ~ ~ i i i N N z~W ~ l da ~~ ~ ~ ~ ~ ~ ~ ~ ~--~ N Q ~ ~ N N ~y A' ~ ~' r ~ Q ~ ; r: ~ 3 W Q ~ E, o U W w w „ G' ~ C cVd V L. ~ ~ ~ ~ W O C~ .O ~ ~ ~~ cd ~ U ~ ~ ~ O .O ~ ~ o .,~ a~ U ~ 0 N O U 0 ''~ N .--~ .~ O ,-~ N .~ 0 N M O -i--~ U 0 r- M M N 00 .-~ ,O O a a 0 0 O M N O '~ N ,-~ .'.., .~' 4-~ O O .~ c~ bA .~ N .~ a °o N N N 4J U N Q 0 STAFF REPORT ADMINISTRATNE SERVICES DEPARTMENT PFn~ RANCHO Date: October 7, 2009 (;UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services Linda L. Daniels, Acting Deputy City Manager/Community Development By: William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Subject: APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 8-R TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 8; 2) THE LEVY OF ANNUAL ASSESSMENTS; 3) PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT; 4) A RESOLUTION PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS; AND 5) SETTING A TIME AND PLACE FOR A PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES. RECOMMENDATION It is recommended that the City Council approve: 1) a resolution to initiate proceedings for the formation of Landscape Maintenance District No. 8-R to replace Landscape Maintenance District No. 8; 2) the levy of annual assessments 3) preparation of an Assessment Engineer's Report; 4) a resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments; and 5) setting a time and place for a public hearing including the initiation of assessment ballot procedures. BACKGROUND Landscape Maintenance District No. 8 was first formed in 1989. At the time of formation it consisted of 73 parcels, totaling 25.57 acres of land. Subsequently, the boundaries of the LMD were expanded through annexation until it reached its present day size of 188 parcels and 64.10 acres in 2004. LMD 8 consists of 188 single-family residential parcels. The boundaries of the district are generally described as that area located south of the I-210 Freeway along Fisher Drive, east of East Avenue, including the south side of Highstone Manor Court, the south side of Smokestone Street, and the San Bernardino County Flood Control drainage basin on the east side. The district also includes Assessor Parcel Numbers 0227-051-30 and 0227-051-32 that annexed into the original LMD 8 by Resolution No. 90-374. The last time assessment rates within LMD 8 were increased was 1993 - 16 years ago. The rates were increased by the City Council in 1993 due to utility increases and increased landscape areas to maintain. The City Council has not and is not currently authorized to increase assessments within LMD 8 for inflation pursuant to a consumer price escalator. When the assessment rates were last increased, Proposition 218, "The Right to Vote on Taxes Act" did not yet exist. P603 LMD NO.8 - INI1'IA'I')/ PROCI;L'llINGS I~OR FORMA"PION OF LMll 8-R PAGI; 2 Oc:roslR 7, 2009 yet exist. Proposition 218 now prohibits increases in assessments, without submitting the proposed increases to the property owners within the affected LMD in an assessment ballot procedure. The improvements maintained by the District include the trees, landscaped sites and appurtenant facilities that are throughout the Etiwanda South Area. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements such as the irrigation systems includes but is not limited to, systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. On August 5, 2009 the City Council directed staff to begin Proposition 218 Assessment Ballot Procedures for Landscape Maintenance District (LMD) No. 8 to increase assessments in order to cover the increases in the costs of maintaining the authorized improvements within LMD 8. The City retained the services of NBS to prepare the Engineer's Report and the assessment ballots in accordance with the Assessment Law (col-ectively, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and the Landscaping and Lighting Act of 1972) for LMD 8. It was determined that in order to be in compliance with the Assessment Law, it was necessary to form a new replacement district rather than to simply increase assessments within LMD 8. This replacement district will be known and designated as Landscape Maintenance District No. 8-R. It should be noted that if this proposed replacement district is not approved when the assessments ballots are counted then the existing LMD 8 remains in place. Staff mailed flyers to all the property owners of record within LMD 4 inviting them to two community meetings. Attached is a copy of the flyer -Exhibit "A". Two meetings were held at Summit Intermediate School, 5959 East Avenue on August 31, 2009 and September 24, 2009 from 6:30pm tb 8:30pm. At each meeting staff presented a PowerPoint overview and encouraged and welcomed feedback from the residents. One example is the residents' feedback that they were not adequately informed of the issues in their district. In response to that feedback staff will be implementing a rotating schedule of community meetings not just for LMD 8-R but for all 11 LMDs in the City. Additionally staff placed all documents on the City's website and also created an LMD a-mail address LMD(a~cityofrc.us along with a dedicated phone line (909) 477-2700 extension 2585. LMD 8-R Details Each of the parcels within a landscape maintenance district must receive special benefit from the improvements in order to be assessed. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land-use is converted to EDUs based on an P604 LMD NO. 8 - INI'I'IA'I'E PROCEEDINGS FOI2 FORMA"PION OIL I,MD 8-R OCI'OBLiR 7, 2009 Pt~CiE 3 assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Staff has developed the following table that compares the current assessment to the proposed new maximum assessments for LMD 8-R and illustrates the information noted above: CURRENT PROPOSED LEVEL ASSESSMENT CATEGORIES MAXIMUM "B" MAXIMUM ASSESSMENT ASSESSMENT Single Family Dwelling $151.45 $288.00 Vacant (incl. all undeveloped property) $--------- $72.00/acre As noted above, based on feedback received from residents, staff is recommending a maximum assessment that corresponds with a "B" level of service. In addition, it is recommended that to keep pace with future increases for utilities, material and labor costs, a consumer price index adjustment provision also be included. Each fiscal year beginning with Fiscal Year 2011/12, the maximum allowable assessment amount could be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the district in any given year. If operating-costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. Based on the requirements of Assessment Law, if City Council approves the Resolutions assessment ballots will be mailed on October 14, 2009 to the property owners located within the boundary of LMD 8-R. who will be asked to indicate whether they are in favor of or opposed to the proposed new maximum assessment rate as identified above, as well as described in the Engineer's Report. The property owners will have 45 days to return their ballots. The City Council will then hold a public hearing on December 2, 2009, on the matter of the assessments proposed to be levied within LMD 8-R. In order to be counted, property owners' assessment ballots must be received by the City prior to the close of the public hearing. Following the conclusion of the public hearing, the assessment ballots will be tallied. Each ballot is.weighted by the amount of the proposed assessment they would pay. If a majority of the weighted ballots returned supports the proposed assessment for LMD 8-R a majority protest will not exist and the City Council will have the authority to confirm the assessments and approve the Engineer's Report and approve and adopt the appropriate Resolutions to levy and collect assessments beginning in Fiscal Year 2010/2011. If however, a majority of the weighted ballots returned opposes the proposed maximum assessment a majority protest will exist and the City Council will not have the authority to confirm the assessments and approve the Engineer's Report and will approve and P605 LIvID No. 8 - INrrln'rl, PROCI,I;DINGS I~OR FOIi1~fA'1'ION OF LMll 8-K OCl'OBIR 7, 2009 PAGIs 4 adopt the appropriate Resolutions that a majority protest to the proposed maximum assessment exists and that the proceedings to form LMD 8-R and to levy the proposed maximum assessment are abandoned and the original LMD 8 remains in effect. Staff would return in January/February of 2010 with a new report discussing the options available to the District if this should occur CONCLUSION Staff is recommending that City Council approve: 1) a resolution to initiate proceedings for the formation of Landscape Maintenance District No. 8-R to replace Landscape Maintenance District No. 8; 2) the levy of annual assessments 3) preparation of an Assessment Engineer's Report; 4) a resolution preliminarily approving the Assessment Engineer's Report and the levy and collection of annual assessments; and 5) setting a time and place for a public hearing including the initiation of assessment ballot procedures. Attachments Exhibit "A" -Flyer Resolutions Engineer's Report Ballot and Instructions P606 EXHIBIT "A" RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT (LMD) No. 8 INFORMATION ~ a a a Landscape Maintenance District 8 ul Q HIIlside Rd a Wilson Av ~ v w Berryen St ~, 19lh St _...._ .....---,.-~~,__.~.. -~-__. -:,_ -,r ~ - Bess Line RO -~ Base Lkre Rd ® ~' U FoothNl BI FaothlN DI Arrow Rt ~ Anow Rt etn st Legend m E < Q City Limds 2 a6lh S ~ ~ ~ w K LMDB s atn st _ am si WHAT IS AN LMD? • An LMD is a financing vehicle which can be used to pay the costs of the construction and/or maintenance of public improvements. Created pursuant to the State of California Landscaping and Lighting Act of 1972 (the "1972 Act"), the LMD applies to all developed and/or undeveloped properties based on special benefit to the property from landscaping improvements in the LMD. There are a number of LMDs in the City, for specific areas. Your property is in LMD 8; the boundaries of which are noted above. HOW IS AN LMD FUNDED? • LMDs are governed by the legal requirements of Proposition 218 (Article XIIID of the California Constitution) and the provisions of the 1972 Act. Each year the City levies an assessment on each parcel within each LMD through the County's Tax Assessor's Office. Annual assessments are paid as part of a line-tem on individual property tax bills. Rates in LMD 8 have not increased since 1993, several years prior to Proposition 218. WHAT DOES MY ASSESSMENT COVER? • The assessments collected are intended for use within the boundaries of each LMD and cover: landscape and tree maintenance contracts, mowing contracts, sports field maintenance, sports field maintenance and back flow testing along with paint, trail maintenance and repair, vandalism and graffiti repair, security and site lighting, a portion of city staff salaries benefits (administration and field). P607 HAVE THERE BEEN INCREASES IN THE COSTS TO MAINTAIN THE LMDs? • Yes. While the assessments have not increased in LMD 8 since 1993, during that same time water costs have increased 96% and are expected to increase another 12% before June 2010. Electricity increases occur on a regular basis and the costs of parts, materials and labor have increased over 40% since 1993. These increases have recently caused the level of service in LMD 8 to be lowered from an "A" to a "C" level to stay within the revenue collected annually. WHAT IS THE PROCESS? • Proposition 218, the "Right to Vote on Taxes Act" passed by California voters in November 1996 prohibited public agencies from increasing assessment rates without first submitting them to property owners for approval in an assessment ballot process. Property owners have the opportunity to indicate their desired assessment and level of maintenance through the assessment ballot process. On August 5, 2009 the City Council authorized staff to commence Proposition 218 ballot procedures within LMD 8 to allow property owners to vote on the level of service they want to pay for. Ballots will be mailed on October 14, 2009 and they will be tabulated at the December 2, 2009 City Council meeting. To discuss all these items, and provide your feedback, please plan on attending the community meeting: August 31, 2009 6:30 PM to 8:30 PM SUMMIT INTERMEDIATE SCHOOL 5959 East Avenue Rancho Cucamonga, CA 91730 Questions: City of Ranch Cucamonga 909-477-2700 ext. 2585 LMD@cilygfi•c. us RANCHO C,,UCAMONGA P608 RESOLUTION NO.O9 ZQz, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 8-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 8, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT WHEREAS, on November 1, 1989 by Resolution No. 89-537, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 8", (hereafter referred to as "LMD 8"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implemen#ation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 8-R ("LMD 8-R") to replace LMD 8 and the levy of assessments within LMD 8-~, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, if the levy of the proposed assessments within LMD 8-R are not approved by the property owners, the existing LMD 8 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 8 assessments; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the proposed assessments to be levied in LMD 8-R and to prepare and file a report for LMD 8-R with the City Clerk in accordance with Assessment Law. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The City Council hereby proposes to form LMD 8-R to replace LMD 8 and to levy assessments within LMD 8-R to pay for increased costs to service and maintain improvements within LMD 8-R. All maintenance and service items are detailed in the Engineer's Report. 2. The City Council hereby orders NBS to prepare and file with the City Clerk the Engineer's Report concerning the proposed assessments within LMD 8-R, which will take effect for Fiscal Year 2010/11 and subsequent years, if approved by the property owners, in accordance with the requirements of the Assessment Law. P609 APPROVED and ADOPTED this day of 2009. Donald J. Kurth, M.D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds, City Clerk P610 RESOLUTION NO. O9-~D.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 8-R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, on November 1, 1989 by Resolution No. 89-537, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 8", (hereafter referred to as "LMD 8"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 8-R ("LMD 8-R") to replace LMD 8 and the levy. of assessments within LMD 8-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report for the levy and collection of annual assessments within LMD 8-R. NBS has determined that in order to comply with the Assessment Law, it is necessary to form a new, replacement district; and WHEREAS, the replacement Landscape Maintenance District is to be known and designated as "Landscape Maintenance District No. 8-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved by the property owners, the existing LMD 8 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 8 assessments; and WHEREAS, at this time the City Council desires to declare its intention to form the District and to provide for the levy and collection of annual assessments, beginning with the next ensuing fiscal year, to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements (defined below) within the District; and WHEREAS, the Engineer's Report has been filed with the City Clerk and submitted to this City Council in accordance with the Assessment Law; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented and is preliminary satisfied with the proposed formation, each and all of the budget items and documents as set forth therein and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services within the District as set for in said Engineer's Report. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. That the Engineer's Report as presented, consisting of the following: a description of improvements, the estimated costs of improvements, a diagram for the District and the District assessment roll containing the Fiscal Year 2010/11 levy for each Assessor's parcel within the District, is P611 hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. 2. It is the Intention of the City Council to order the formation of the District and to levy and collect assessments to pay the annual costs and expenses for the maintenance and servicing of improvements within said District. The improvements are the maintenance and servicing of the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Etiwanda South Area. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, and irrigation systems control, adjustment, repair and replacement. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. 3. The proposed District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area south of the I-210 Freeway along Fisher Drive, east of East Avenue, including the south side of Highstone Manor Court, the south side of Smokestone Street, and to the San Bernardino County Flood Control drainage basin on east side. The District also includes APNs 0227-051-30 and 0227-051-32 that annexed into the original LMD 8 by Resolution No. 90-374. 4. The Engineer's Report as preliminarily approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to the Engineer's Report for a full detailed description of the improvements to be maintained, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. 5. Notice is hereby given that a Public Hearing is scheduled to be held at the City of Rancho Cucamonga, Council Chambers, 10500 Civic Center Drive, California on December 2, 2009 at 7:00 pm. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements or written communication made or filed by any interested person in regards to the proposed District. 6. The City Clerk is hereby directed to give notice of the Public Hearing by mailing the Notice of Public Hearing and Assessment Ballot Procedure and filing of the Engineer's Report, together with the assessment ballot materials to the record owners of all real property proposed to be assessed in accordance with Section 53753 of the Government Code and Section 4 of Article XIIID of the California Constitution. P612 APPROVED and ADOPTED this day of 2009. Donald J. Kurth, M.D., Mayor City of Rancho Cucamonga, California ATTEST: Janice C. Reynolds, City Clerk P613 ~~~~ ~t . ~. ~u:.; t9 n _ K~`eli ~> ; ..~>' City of Rancho Cucamonga Landscape Maintenance District No. 8-R (South Etiwanda) Fiscal Year 2010/11 Engineer's Report October 2009 Submitted by Main Office Regional Office 32605 Temecula Parkway, Suite 100 870 Market Street, Suite 1223 Temecula, CA 92592 San Francisco, CA 94102 800 676 7516 800 434 8349 P614 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 8-R 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2755 CITY COUNCIL Donald J. Kurth, M.D., Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF Jack Lam, AICP, City Manager Pamela S. Easter, Assistant City Manager John R. Gillison, Deputy City Manager/Administrative Services Linda D. Daniels, Acting Community Development Director William Wittkopf, Public Works Director Jeffrey Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III NBS Pablo Perez, Client Services Director K. Dennis Klingelhofer, P.E., Assessment Engineer Tiffany Ellis, Financial Analyst P615 TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. INTRODUCTION 2-1 2.1. Background of District ..................................................................................2-1 2.2. Reason for Proposed Assessment ............................................................... 2-1 2.3. Process for Proposed Assessment .............................................................. 2-2 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District ................................................ 3-1 3.2. Description of Improvements and Services .................................................. 3-1 3.3. Map of Improvements .................................................................................. 3-2 3.4. Level of Maintenance Services Provided ..................................................... 3-3 4. ESTIMATE OF COSTS 4-1 4.1. District Budget ...............................................................................................4-1 4.2. Definitions of Budget Items .......................................................................... 4-2 5. METHOD OF ASSESSMENT 5-1 5.1. ~ General ........................................................................................................5-1 5.2. Special Benefit ............................................................................................. 5-2 5.3. General Benefit ............................................................:............................... 5-2 5.4. Method of Assessment Spread .................................................................... 5-2 5.5. Cost of Living Inflator ................................................................................... 5-3 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 P616 1. ENGINEER'S LETTER WHEREAS, on November 1, 1989 by Resolution No. 89-537, the City Council of the City of Rancho Cucamonga (the "City"), State of California, under the Landscaping and Lighting Act of 1972 (the "1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 8", (hereafter referred to as "LMD 8"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for LMD 8 so that property owners may approve increased funding for the maintenance of improvements which provide special benefit to them; and WHEREAS, NBS has been directed to prepare and file an Engineer's Report. The purpose of the proposed assessment covered in this Engineer's Report is to replace the existing LMD 8 assessment for Fiscal Year 2010/11 and all subsequent years, and includes the reason for the proposed assessment, identifies the parcels upon which the assessment is proposed for imposition, and presents a basis upon which the assessment is to be calculated; and WHEREAS, the replacement Landscape Maintenance District, if approved by the property owners, is to be known and designated as "Landscape Maintenance District No. 8-R", (hereafter referred to as the "District"). If the proposed replacement District is not approved, the existing LMD 8 shall remain in place and the City may continue to curtail services to match the revenues provided by the existing LMD 8 assessments. NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment, based on the service level known as "B" Service Level. Please refer to Section 3.4 of this report for a description of "B" Service Level. SUMMARY OF ASSESSMENT Fiscal Year 2010111 As Preliminary A roved Fiscal Year 2010/11 As Confirmed by Council Operations & Maintenance Costs $54,080.00 Capital Projects Reserve Collection 0.00 Operating Reserve Fund Collection 2,180.80 Rounding Adjustment 0.00 Estimated Costs and Expenses $56,260.80 Total District EDU Count 195.35 Maximum Allowable Assessment Per EDU $288.00 Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 1-1 Prepared by NBS -Fiscal Year 2010/11 P617 In making the assessments contained herein pursuant to the Assessment Law: I identified all parcels which will have a special benefit conferred upon them from the improvements described in Section 3.2 to this Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Section 6 of this Engineer's Report. I have assessed the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such assessment: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special . benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. K. Dennis Klingelhofer, P.E., Assessment Engineer Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 1-2 Prepared by NBS -Fiscal Year 2010/11 P618 2. INTRODUCTION 2.1. Background of District LMD 8 was formed in 1989 to finance the maintenance and operation of various landscaping improvements located within the district. At formation LMD 8 consisted of 73 parcels totaling 25.57 acres of land. Subsequently, the boundaries of LMD 8 were expanded through annexation until it reached its present day size of 195 single family residential parcels and 1 vacant undeveloped parcel. The last time assessment rates within the District were increased was in 1993, prior to the implementation of Proposition 218. - 2.2. Reason for Proposed Assessment Approval of the proposed assessment covered by this Engineer's Report will generate the revenue necessary to: A. Provide for the continued maintenance and servicing of the improvements described in Section 3.2. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of water for the -irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. - B. Provide the means to pay for the increased cost of maintenance for all services currently provided. Currently, the assessment revenues generated based upon the existing assessments are not sufficient to pay for the costs of maintenance, labor, material and supplies, electricity, water and other items necessary for the satisfactory operation of the improvements. The City was required to~significantly reduce the LMD 8 Reserve Fund during the past year to offset the deficit in the assessment revenues in order to pay for the total costs to maintain the improvements at a "C" Service Level. Without increased assessments it will be necessary to further reduce the level of maintenance provided, thus jeopardizing the appearance of the landscaping improvements. The proposed assessment is necessary to provide the funds needed fora "B" Service Level of maintenance within the District. Please refer to Section 3.4 of this report, for a description of "B" Service Level. C. To add an annual cost of living inflator. Currently, LMD 8 does not have an annual cost of living inflator included in the method of assessment. The establishment of an annual escalation clause is necessary in order to help ensure that the District can continue the level of maintenance in future years as costs increase due to inflation or due to the increased cost of utilities beyond the City's control. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 2-1 Prepared by NBS -Fiscal Year 2010/11 P619 2.3. Process for Proposed Assessment The City cannot increase assessments within the District without complying with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to increase the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed increase replacement assessments designated as Landscape Maintenance District No. 8-R. If there is a majority protest, as described above, the City will continue to levy the existing LMD 8 assessments. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 2-2 Prepared by NBS -Fiscal Year 2010/11 P620 3. PLANS AND SPECIFICATIONS The District provides for the continued administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located south of the I-210 Freeway along Fisher Drive, east of East Avenue, including the south side of Highstone Manor Court, the south side of Smokestone Street, and to the San Bernardino County Flood Control drainage basin on east side. The District also includes APNs 0227-051-30 and 0227-051-32 that annexed into the original LMD 8 by Resolution No. 90-374. 3.2. Description of Improvements and Services The improvements maintained by the District include the trees, landscaped sites and appurtenant facilities that are throughout the Etiwanda South Area. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements such as, the irrigation systems, includes but is not limited to, systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location SE-1 The east side of East Ave. from 480 feet south of Catalpa St. to 182 feet north of Catalpa St. The north and south side of Catalpa St. from East Ave. to Brownstone PI. Ground Cover area: 10,355 square feet Turf area: 6,258 square feet Hardscape area: 36,344 square feet SE-2 The south side of Fisher Dr. from 361 feet east of East Ave. to 210 feet east of Starstone PI. Ground Cover area: 16,686 square feet Hardscape area: 4,074 square feet SE-3 The south side of Fisher Dr. from 860 feet west of Mulberry St. to Mulberry St. The north side of Fisher Dr. from Mulberry St. to East Ave. Ground Cover area: 53,646 square feet Hardscape area: 6,910 square feet Total Ground Cover: 80.687 Square feet Total Turf: 6.258 Square feet Total Hardscape: 47.328 Square feet Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 3-1 Prepared by NBS -Fiscal Year 2010/11 P621 3.3. Map of Improvements The following page shows the approximate location (for reference only -may not include all) of landscaping improvements, including irrigation sites and community trails, to be maintained by the District. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 3-2 Prepared by NBS -Fiscal Year 2010/11 P622 ~~;~ `••`~. S baps E ~Ci ~~ a t aZe ~~~~~a~ ~~ F s d ~' ti ~ a 6 p~ys~~{ p~~ ~~ ~~~ g a~, ~~ b! ~, 8d PvD~~~ a~axx ~~• ~ r~;~ __ _ i ~'~. ,~ ~ -- ~ ,` _ TORREY PINE CT ~ ~ --~ ~ ~~- ~ ~~ I I 1 ~--~-- - ~~~ I R~ Z --- ---~ ~ - - ~` 1 -- - ~~---~ - ,~ ~ - _ MULBERRY ST -- I ~ ~--- i ---- ~ ~ -~-- ~ --~ - - ~ ~~ p '~ --- - ~ :_-._ ---air -- ~ W~- -' ~ ----ate - Z tV ,_ - - ~ ~ w_" ~ V Q ~ , -~ - - y ~ o { - ~ ~- - 1-- ~~ ~ - ~ ~ ~ -~ - ~. o v ~ 1'__ -~- - -~ -1- - Y ~ ~ ~ _ -..off. - - ~- ------ ~ ~` t z AA,, ~J1I air .N Zh---J- .___-_ W ~_- W' ------ O I --- - r ~---~ -----tw - --~--------' Z ~Y ` j~ STARSTONE PL ~ ~ ~ ~ ~ ---- ;~ ~ ~~ ~ ,, -- -~-,-~ - ~~- - °o i t ~ ~ ~! i -~ i /~ ~V '~ --- ~ -- - L -FLAGSTON j I '~ i O ~~ i 1 - E PL V ~ ~ ~ - - I-- r ~ ', _ i , ~~ i ..- ,- - ~, ~ ~ i-- ~- _ w~ ~ I I - - . ~~~-~, I ~I~ ' w EGGLESTONE?~__ _ ~--~ 2' ; ~U ~. ,O J -- ~ ~ ~~ ~~~ ' ~ -- ~ ' ~ ~ ; -i- ~ - - ~ o - i - ~~ '~ - , Zr--- -; I i I, ~ r-- -i ~ ~ ~ ~ ~ ~ ~ w ' i - ~ ~_ - - I --- ' O --- ` N _ BROWNSTONE PL N i W - ~iS ~L_. i ~ I I ;_. ~ v --J~1 ~ r ~~ °' - cn m A a ~ C ~ ~ ~ Q O C ca b ~(CCC O G N ~ V ~ ~ Z w O ~ J N U ~ ~ .~ ~ ~ ~ C C U ~ ~ - ~ z. ~ W ~ r v J `__ ~ '^' P623 3.4. Level of Maintenance Services Provided The City has defined graduated levels of maintenance services provided from A (highest) through F (lowest). The variation between each service level is based on the frequency of maintenance performed, and the level of maintenance service provided is determined by the amount of revenues collected. At formation of LMD 8, the landscaping improvements were maintained at an "A" Service Level and in recent years moved to a "B" Service Level (through 2008/09). In 2009!10 the existing district is at a "C" Service Level due to an increase in costs associated with the maintenance of improvements. Through community outreach meetings and property owner feedback, the property owners within LMD 6 have expressed dissatisfaction with the "C" Service Level. It is the City's intention to maintain the District improvements at a "B" Service Level. The following shows the approximate frequency of maintenance provided based on the level of service. Turf Maintenance Schedule "B" Level Maintenance "C" Level Maintenance Mowin , ed in and trimmin around s rinklers Weekl Biweekl Fertilization Per Schedule II-A n/a Fertilization Schedule "B" Level Maintenance "C" Level Maintenance Shrubs, round cover and vines Eve 120 da s Eve 180 da s Trees Annual! Annual! Trash and Debris Removal "B" Level Maintenance "C" Level Maintenance Turf Weekl Biweekl Hardsca a includes weed removal Biweekl Biweekl Ground Cover Biweekl Biweekl "B" Level "C" Level Weed and Pest Control Schedule Maintenance Maintenance Complete control and/or eradication of all plant pests and weeds within the landscape as Every 90 days Every 180 days scheduled "B" Level "C" Level Prunin and Trimmin Schedule Maintenance Maintenance Ground Cover Trim to prevent encroachment on Monthly Bimonthly hardscape, structures, etc. Vines Trim Vines to present a neat Semi-Annually Annually appearance Shrubs Shear to maintain a neat appearance As Needed Semi-Annually to prevent encroachment Trees Maintain all trees in their natural shape As Needed Maintain in safe to fifteen feet above grade condition Please note: maintenance frequencies listed above are defined as follows: Biweekly is a frequency of every two weeks and Bimonthly is a frequency of every two months. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 3-3 Prepared by NBS -Fiscal Year 2010!11 P624 Schedule II-A Annual Fertilizer Schedule For Tall Fescue Turf Month: Jan Feb Mar A r Ma Jun Jul Au Se Oct Nov Dec Timin * E L M E L * M T e: D 4.3 D 4.3 S 4.7 C 6.2 S 4.7 N 6 Timing: E -Early Part of the Month M -Middle Part of the Month L -Late Part of the Month * - If turf areas require over-seeding, then apre-plant fertilizer such as Simplot's 6-20-20 (or approved equal) shall be used at the rate of 16 lbs. per 1000 sq. ft. anytime after Nov. 1S`. Type of Fertilizer: S -Sulfate of Ammonia (21-0-0) N -Calcium Nitrate (15.5-0-0) D -Simplot 16-8-8 + Dimension (or approved equal) C -Simplot 12-8-16 (or approved equal) The number next to the type of fertilizer represents the pounds per 1000 square feet. This fertilizer program applies roughly 5 lbs. actual N per 1000 sq. ft. per year. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 3-4 Prepared by NBS -Fiscal Year 2010/11 P625 4. ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. 4.1. District Budget Estimated 2010111 Bud et. Operations and Maintenance Operations and Maintenance $1,580.00 Contract Services 20,430.00 Tree Maintenance 5,500.00 Utilities Water Utilities 22,060.00 Electric Utilities 1,510.00 Assessment Administration 1,030.00 General Overhead 1.970.00 Subtotal Operations and Maintenance $54,080.00 Total District Expenditure Budget ~ $54,080.00 Operating Reserve Collection 2,180.80 Capital Projects Reserve Collection 0.00 Roundino Adjustment 0.00 Estimated Costs and Expenses $56,260.80 Total District EDU Count 195.35 Maximum Allowable Assessment Per EDU -Fiscal Year 2010/11 $288.00 The maximum allowable assessment per EDU listed in the District budget above, is based on the estimated maintenance and services costs for Fiscal Year 2010/11. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum after the application of the the cost of living inflator defined in Section 5.5 of this report unless the increase is approved by the property owners in accordance with Proposition 218. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 4-1 Prepared by NBS -Fiscal Year 2010/11 P626 It is the intent of the City of Rancho Cucamonga to establish an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Estimated Fiscaf Year Ending June 30, 2010 Reserve Fund Balance $27,790.00 Operating Reserve Collection -Fiscal Year 2010/11 2,180.80 Reimburse to City January 1.2009 -June 30. 2010 to maintain at "B" Service Level 1 073.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $28,897.80 4.2. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Operations and Maintenance Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company and related services as needed for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, and procedural matters associated with the District. Reserve Collection: O~eratinp Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 4-2 Prepared by NBS -Fiscal Year 2010/11 P627 Capital Projects Reserve Collection: This item includes new or replacement improvements to further enhance the level and quality of service provided within the boundaries of the District. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 4-3 Prepared by NBS -Fiscal Year 2010/11 P628 5. METHOD OF ASSESSMENT 5.1. General Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a !ot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where as only special benefit is assessed. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 5-1 Prepared by NBS -Fiscal Year 2010/11 P629 5.2. Special Benefit The maintenance and servicing of landscaping improvements and community trails within the District are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. 5.3. General Benefit In addition to the special benefits received by parcels within the District, there are incidental general benefits that are conferred on parcels outside the boundaries of the District which include: • the control of dust and insect infestations, and • the visual enhancement of the area to persons or vehicles that may travel through the District. However it has been determined that these benefits are incidental and do not provide a direct benefit to parcels outside of the district that are not being assessed. Any incidental benefit received by parcels outside of the District is further offset by the incidental benefit received by parcels within the District from the maintenance of landscaping improvements by the other assessment districts within the City. 5.4. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land-use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 5-2 Prepared by NBS -Fiscal Year 2010/11 P630 The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EDU assignment. Land-Use E uivalent Dwellin Units Pro ert T e Count Use Code EDU Value Multi lier Single Family Residential 1.00 Unit Vacant 0.25 Acre Trails, Common Area, Open Space, Easements, Streets 0.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. At the time of writing of this report, Assessor's Parcel Number 0227-071-17-000 has use code of Single Family Residential. However, this parcel includes both a single family residence in addition to a church. Due to the location of the improvements, in relation to the size and configuration of the property resulting in a reduced benefit, this parcel is being assigned and EDU value of 1.00. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Maximum Allowable Assessment Total Total Pro e T e Count Use Code Per EDU* Units/Acres EDUs Single Family Residential $288.00 195.00 195.00 Vacant 72.00 1.40 0.35 Trails, Common Area, Open Space, 0 00 0.00 0.00 Easements, Streets . 'The maximum allowable assessment is subject to an annual cost of living inflator as described in Section 5.5. It is proposed to assess the total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in Section 7 of this report. 5.5. Cost of Living Inflator Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area.. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year, if operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 5-3 Prepared by NBS -Fiscal Year 2010/11 P631 6. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following pages. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. 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Q < Z _ 4~~' ~' N' e'° n R ry~ A r r iO,. r n ~ ~~~ S~ C p~ m~ °' }$g ~ 4 4 0 q Y 4 ~ 4 Y ° ° ~ 9 ~ ° ~ ~ ~ ~ ~ ~ $ ~ U m o o ~ ~ ~ ~ ~ ~ m m ~ ~ ~ ~ .b d ~ ~ ~ ~ ~ ~ N ~" 0 0 o e o 0 0 0 0 0 0 fib' 7b' 0 0 0 0 0 0 0 0 0 0 0 S' 0 7b' a~ 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 C L u ~ U' Z ~ :S e~^< e~~ ~SS~YiN9t~~ 0~3~ o~m~~ ~'$m mam$m~ ~ a Q „1 U Z O °~'R ib7 ~'~°v ~~R nR~T 4T4~ 4~ 444'~q 0030'$ ~ U ~ W LL ~~~ ~ ~ ~~~ ~~ ~ ~n~~~~~~~~~~~ ~~Wm~mmm Z V m J o00000000000000000000ooooos~o~voooooooooo~ooooo ~ z a = Q~ ~ N ~ O w Z s~aao asoso~~° n~gosso s~o ~ N a ~ ? y o ~ ~ ~ o r r r ~~ooooo0000000oooo~e°oo~ooosoo~ooooooooovooooo0 N W U a U ~ ~:~~~~~~~~~~$~e~$e~~~e...~~.~~~~mmmoam~e~m~~m~~ a ~ a U ~ o $ ~ R ^ ~ 4 4 4 ~ 4 $ 4 $ $ ~ ~ 4 4 4 ~ ~ g 4 °• ~ ' ~ °-, A AAA A p ~ H ~ ~ ~ ~oeesooooooa~~'7b'b"eeooooooo~o"~o"ro'~"~"ooae7~eeeeooooo00 Z 2 34 P635 7. ASSESSMENT ROLL The assessment roll is a listing of the proposed assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following table summarizes the Fiscal Year 2010/11 assessments for the District: Maximum Allowable Maximum Assessment Total Total Allowable Pro e T e Coun Use Code Per EDU Units/Acres EDUs Assessment Single Family Residential $288.00 195.00 195.00 $56,160.00 Vacant 72.00 1.40 0.35 100.80 Trails, Common Area, Open Space, 0 00 0 00 0.00 0.00 'Easements, Streets . . Rounding Adjustment 0.00 Total 195.35 $56,260.80 Landscape Maintenance District No. 8-R -City of Rancho Cucamonga 7-1 Prepared by NBS -Fiscal Year 2010/11 P636 00 O ~ Z C V E w-~ v Q ~ O ~ d +.+ O V C G~i ~ V y N ~ !0 C y t6 ~ •~ N y o ~ a ~ ~ a V ~ N 'C C J .. c °o °o o °o °o °o 00 °o °o °o °o °o °o °o 00 0 °o °o °o °o °o °o °o °o °o °o °o o °o o °o °o m . . . . . . . . . . . . . . . . . . . . . . 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O 0 0 '. ~ ~ N M M N Z d N N N H d o 0 0 0 0 0 0 Q ~ oo ao 00 00 0o r r ~ N N N a N N N N o 0 0 0 0 0 0 0 c i0 N l0 N w O O O w 0 0 t0 N t0 N w N M h Of 0 v o~i A O F n O n O! Op a P643 OFFICIAL ASSESSMENT BALLOT CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO.8-R Name and Address of Record Owner: Parcel Identification: Record Owner: <XXXXX> Assessor's Parcel Number: <XXXX-XXX-XXX> Address: <XXXXX> Total EDUs: <X.XXXX> City, State Zip: <XXXXX>, <XX>, <XXXXX> Proposed Maximum Assessment (*): <$XXX.XX> Proposed Maximum Assessment and Cost of Living Inflator: '`Each fiscal year beginning Fiscal Year 2011/12, the maximum assessment amount, shown above, may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Landscape Maintenance District No. 8-R is a replacement District. If the proposed replacement District covered by this ballot is not approved, the existing LMD 8 remains in place and the City will continue to levy the existing LMD 8 assessments. Assessment Ballot Please mark one box, sign and print name below This ballot will be void if any markings are in both boxes or if not signed The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner; otherwise this ballot will not be tabulated. Yes, I am in favor of the proposed maximum assessment for Fiscal Year 2010/11 of: <$XXX.XX> *The amount is proposed to increase as described above beginning Fiscal Year 2011 /12. No, I am opposed to the proposed maximum assessment for Fiscal Year 2010/11 of: <$XXX.XX> *The amount is proposed to increase as described above beginning Fiscal Year 2011 /12. CERTIFICATE OF ENTITLEMENT The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this assessment ballot. Signature of Property Owner Printed Name Please fold and insert the completed ballot into the enclosed return envelope, seal and mail or deliver to: CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 Please refer to the enclosed instructions for further details. Ballot must be received prior to the conclusion of the Public Hearing on December 2, 2009. <LMD 8-R X,XXX> P644 NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 8-R ASSESSOR'S PARCEL NUMBER: <XXXX-XXX-XXX> NOTICE OF PUBLIC HEARING This notice informs you, as the record owner of property within the proposed Landscape Maintenance District No. 8-R, that the City of Rancho Cucamonga will be conducting a Public Hearing pursuant to the provisions of the Landscaping and Lighting Act of 1972, Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act. LANDSCAPE MAINTENANCE DISTRICT NO. 8-R IS A REPLACEMENT DISTRICT. IF THE PROPOSED REPLACEMENT DISTRICT COVERED BY THIS BALLOT PROCEDURE IS NOT APPROVED BY THE PROPERTY OWNERS, THE EXISTING LMD 8 REMAINS IN PLACE AND THE CITY WILL CONTINUE TO LEVY THE EXISTING LMD 8 ASSESSMENTS. The Public Hearinu is hereby scheduled to be held at the City of Rancho Cucamonga. Council Chambers, 10500 Civic Center Drive, California on: December 2, 2009, at 7:00 p.m. or as soon thereafter as the matter may be heard. All interested persons are invited to attend and express opinions on the matter of the proposed District. RIGHT TO SUBMIT ASSESSMENT BALLOT Owners of record who desire to submit an assessment ballot must mail or personally deliver a completed assessment ballot to the office of the City Clerk. An assessment ballot and return envelope are enclosed with this Notice. Spouses wishing to submit separate ballots may obtain split replacement ballots by contacting the City at the contact information shown at the bottom of this Notice. All assessment ballots must be received by the City Clerk at or before the conclusion of the Public Hearinu shown above. The delivery address is: Office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 ASSESSMENT INFORMATION Boundaries of the District: The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located south of the I-210 Freeway along Fisher Drive, east of East Avenue, including the south side of Highstone Manor Court, the south side of Smokestone Street, and to the San Bernardino County Flood Control drainage basin on east side. The District also includes APNs 0227-051-30 and 0227-051-32 that annexed into the original LMD 8 by Resolution No. 90-374. Total Proposed Fiscal Year 2010/11 Maximum Assessment for the Entire District: $56,260.80 Your Proposed Maximum Assessment for Fiscal Year 2010/11: <$XXXXX>. The proposed maximum Fiscal Year 2010/11 assessment for the property identified above is also shown on the enclosed assessment ballot. Duration of Proposed Assessment: The proposed assessment for the District will be levied annually as long as funds are necessary for the maintenance of improvements. Cost of Living Inflator: Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount (as shown above) may be increased by the lesser of 4% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year, if operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. P645 Reasons for the Proposed Assessment: The proposed assessments will provide for the continued maintenance of the landscaping improvements throughout the District at a B level of service, provide for the means to pay for the increased costs of maintenance and services, and add an annual cost of living inflator. The improvements being maintained provide a direct and special benefit to all parcels within the District boundaries. Basis of Proposed Assessment: The method of apportionment of the proposed assessment is based upon the relative special benefit received from the improvements and conferred upon the property within the District over and above the general benefit conferred upon the public at large. All assessable parcels within the proposed District receive special and direct benefit from the maintenance of the improvements. Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received, in accordance with the formula listed below: Pro e T e Coun Use Code EDU Value Multi tier 2010/11 Maximum Assessment Rate Single Family Residential 1.00 Unit $288.00 Vacant 0.25 Acre 72.00 Trails, Common Area, Open Space, Easements, Utilit Parcels, Streets 0.00 Parcel 0.00 The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. The maximum assessment is subject to an annual cost of living inflator as described above. A complete description of the method of assessment is described in the Engineer's Report, a copy of which is available at the office of the City Clerk or at the website address shown below. ASSESSMENT BALLOTING PROCEDURES Upon completion, please fold and insert the assessment ballot into the return envelope and seal the envelope. Make sure you sign and mark your assessment ballot. Mail or deliver the ballot to the address shown on the return envelope pursuant to the enclosed instructions regarding submission of assessment ballot. The City Council will consider approving the District formation and to impose the annual assessment as described above and on the enclosed assessment ballot if there is no majority protest. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. THE PROPOSED ANNUAL ASSESSMENT AS DESCRIBED IN THIS NOTICE IS A REPLACEMENT TO YOUR EXISTING LMD 8 ASSESSMENT AND, IF APPROVED, WILL APPEAR EACH YEAR ON YOUR PROPERTY TAX BILL. QUESTIONS REGARDING THESE PROCEEDINGS For information relating to these proceedings, public hearing and the ballot procedure, please contact: SPECIAL DISTRICTS CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909-477-2700 EXTENSION 2585 EMAIL: LMD@cityofrc.us WEBSITE: HTTP://GIS.CITYOFRC.US/SPECIALDISTRICTSLMDINFO.HTM P646 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT N0.8-R ASSESSMENT BALLOT PROCEDURES INSTRUCTIONS REGARDING SUBMISSION OF ASSESSMENT BALLOT In order to complete and submit the enclosed assessment ballot, you must complete the following steps. 1. Review the Certificate of Entitlement Statement shown on the assessment ballot. Ensure that you meet the entitlement requirements pertaining to the property identified in the assessment ballot before completing the ballot. If you do not satisfy the entitlement requirements please forward the assessment ballot to the person or persons who does satisfy those requirements. 2.. If you satisfy the entitlement requirements, please sign your name and print or type your name in the spaces provided. 3. To complete the assessment ballot, mark one and only one of the squares provided. The assessment ballot" will be void and sh811 not be tabulated unless it is properly completed by signing and printing your name and marking one of the squares. 4. Fold and insert the assessment ballot into the enclosed return envelope and seal the envelope. All assessment ballots must be received by the City Clerk prior to conclusion of the Public Hearing. Assessment ballots may be returned ~by mail in the self-addressed return envelope, which is included with the assessment ballot. If you are returning your assessment ballot by mail you must allow sufficient time to ensure that the assessment ballot is received by the City Clerk on or before 5:00 p.m. on December 2, 2009. Please note that an assessment ballot received after the close of the Public Hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before December 2, 2009. You may also deliver your assessment ballot to the City Clerk at the following address: OFFICE OF THE CITY CLERK CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 After 5:00 p.m. on December 2, 2009 and at any time prior to the conclusion of the Public Hearing, you may deliver your assessment ballot to the City Clerk at the location of the Public Hearing given in the Notice of Public Hearing and Assessment Ballot Procedure. LOST, SPOILED OR DAMAGED BALLOTS: If you.have lost, spoiled or damaged your assessment ballot, please call the telephone number set forth below for information on how you may obtain a replacement assessment ballot. IF YOU HAVE ANY QUESTIONS REGARDING THESE INSTRUCTIONS OR THE ASSESSMENT BALLOT PROCEDURE, PLEASE CONTACT: SPECIAL DISTRICTS CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909-477-2700 EXTENSION 2585 EMAIL: LMD@cityofrc.us WEBSITE: HTTP://GIS.CITYOFRC.US/SPECIALDISTRICTSLMDINFO.HTM " P647 c~ z o ~ a M f` W 2 r p~ U J Q m ~a Z ~ o = Ca') O~ z~ ~~z W U ~W ado ~ Q~~ mo~~, UU~Q ~ z~~c°~ Z U ~ WO O U ~zv`" Z ~ = W NUJ y wzZ~ W Q Z~UU v~Q~o v~~z= U ~ ~O U aa~~ j O J ao~ a_~~= ~ WU p U = U ° o LLZZ~ o ~ ~- ~ Z O~oa UO°~ W U z z W a U Q z a a 00 00 O N ~ ~ 0 ~ ~ '~ o ~ a ~ o Q a ~~ `./ I-I I--1 w w 0 0 ~:.'i G~ 'o ~~. ~o ' ~~" L7 A oo F'' W Z ~ `~ ~ on a v, W ~ ~ V ° a W ~ ~ ~ ~ N U o ~ U ~ H~ Uj 00 Q V bA C V ~ ~~-~ Q~ A W ~ W ~ ~~~~ ~+ 0 0 ~~aW~~Zxal ~W ~ a"rr,r ~~z,zW~~~~W~~a~~ ~ [-~ o a~~z ~ a ~ ~ ~A ~ ~ ~ w~ ~ ~ ~Q xza O ~]o, ~U 00 "~ O W o ~ Z [~I M G~ ~' CCZ C1 a A y ~ ~ ~ o ~ ~ ~"~ p ~ G~ A 4"' ~" N N M W ~"~ ~ V~ ~~ v r.; W M G WO ~ ~ ~ ° ~ ° ° c 0 x E~x ~ o ~ ~ ~ o ~ ~ ~ Zvi W ~ ~ ~ s, ~ ~ ~ ~~ ~ Q v ~ ~ o Lam' o, ~~~ ~ ~ ~ ~ z ~ ° v~ a~~., ~ a¢a a ~UU ~v Q a ~~. ~a 0 0 0 ~o O N 00 ~"'' Q ~ ~' O ~ ~ ~ ~ ~ ~. ~ •~ ~. '~ 4~ N ~ .. O ~-+' ~ O ~ ~ M ~ O ~ ~ O M ~ '~ r--i ~ •~ •~ ~ ~ ~ ~ ~ ~~ ~ n,,, ;: ~ ~ ,_, N µ ~ ~ ~ ~ ~ ~ 1 M O ~ .~ 0 ~ ~ '~, ~ ~ ~ v~ ~ cd o ~ ~ o ~-, ~ U ~ ~ ~ ~ a ~ a C~ ' ~ ~?~ V ~ ~ O~ O N O ~ "` ~ O N O N ~ ,'. N .. M N r ~ ~ N 4J Y, ~ ~ ~ ~ S` O O ~ U '$._ ~ ~ ~ Q r--> O STAFF REPORT PI..~NNING DEP.~RTMENT P648 RANCxo C,UCAMONGA Date: October 7, 2009 To: Mayor and Members of the City Council From: James R. Troyer, AICP, Planning Director By: Steve Fowler, Assistant Planner Subject: REQUEST TO INITIATE COMMUNITY PLAN AMENDMENT DRC2009-00432 -RME CLINICS, INC. ,- GARY REA - A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN. RELATED FILE: MASTER PLAN AMENDMENT DRC2009-00739. REQUEST TO INITIATE MASTER PLAN AMENDMENT DRC2009-00739 - RME CLINICS, INC. -GARY REA - A REQUEST TO AMEND THE VICTORIA ARBORS MASTER PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT. RELATED FILE: COMMUNITY PLAN AMENDMENT DRC2009-00432. RECOMMENDATION: By minute action, the City Council may approve or deny the request to initiate amendments to the Victoria Community Plan and the Victoria Arbors Master Plan to allow massage establishments in the Village. Commercial District of the Victoria Arbors Master Plan. BACKGROUND: The City Planning Department received a request from RME Clinics, Incorporated (dba Massage Envy) to amend the Victoria Community Plan and the Victoria Arbors Master Plan to conditionally allow massage establishments within the Village Commercial District of the Victoria Arbors Master Plan. The requested amendment to the Victoria Community Plan would only allow massage establishments to conditionally operate within the Victoria Arbors Master Plan area and only in the Village Commercial District of that Master Plan. Currently, massage parlors are prohibited within the Victoria Community Plan and would require a text amendment to accommodate this request. The Victoria Arbors Master Plan generally governs properties bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to the west. The only Village Commercial District currently within the Victoria Arbors Master Plan is at the corner of Day Creek Boulevard and Base Line Road in the Winery Estate Marketplace (Henry's Center). All other Village Commercial Districts within the Victoria Community Plan are outside of the Victoria Arbors Master Plan. Massage Envy is a nationally recognized company that has over 500 locations nationwide with nearby locations in Upland, North Fontana, Chino and La Verne. Staff visited the P649 CITY COUNCIL STAFF REPORT DRC2009-00432 - RME CLINICS October 7, 2009 Page 2 Upland location that is located within the Colonies Shopping Center at 1900 North Campus Avenue Suite C. It was a well run professional business that appears to be an asset to the center in which it is located by bringing in customers continuously throughout the day. The owner of the Upland location is the applicant for this request and wants to locate in the Henry's Center at 7305 Day Creek Boulevard in the northeast portion of the City. Massage establishments are not a permitted or conditionally permitted use within any zoning district in the Victoria Community Planned area. The City's Development Code allows this type of use only within the General Commercial District of Commercial Section 17.10.030 B 43 and not in the Office Park or Neighborhood Commercial Districts. The amendment would allow for massage establishments to be conditionally approved only in the Village Commercial District of the Victoria Arbors Master Plan. The applicant believes that by amending the Community Plan and the Master Plan to allow massage establishments in the Village Commercial District of the Victoria Arbors Master Plan, Massage Envy would be a viable business within the Henry's Center which is the only center that is currently zoned Village Commercial in the Arbors Master Plan. The amendment would also allow other massage establishments to 'operate with a Conditional Use Permit in this zone and/or center. If the City Council approves the request to initiate the Victoria Community Plan and Victoria Arbors Master Plan amendments, staff would initially bring fonivard these amendments to the Planning Commission for consideration. If the Planning Commission recommends approval of the amendments, they will be brought back to the City Council for final consideration at a future date. CONCLUSION: The City Council may approve or deny the request to initiate the amendments to the Victoria Community Plan and the Victoria Arbors Master Plan to allow massage establishments to operate with a Conditional Use Permit within the Village Commercial District of the Victoria Arbors Master Plan by minute action. Respectfully submitted, ~~ James R. Troyer, AICP Planning Director J RT: S F/is Attachments: Exhibit A -Map of Victoria Arbors Master Plan Area Exhibit B -Applicant's Justification letter P650 ® ,.W,,wnm..n.,k.~..I~nM ® M,W Uw Cn~.ema~RepNn.I ~tAV,J ® II~W IIr Villv{e Cnv~CnmmevW ® ...,, r.oa.n ® n,W ew Mr x,.. kwJUw~uuao. ® w.a uw n~. amwnna.ruwA.m ~C ~ Lv Srtk FU14-4YAert T wMN.ll[v~~wlvl-FIMAVrt a wUV SnW F.v~y auA.re ~PDSwest Victoria Arbors Master Plan Exhibit 4 Base Line Road to Foothill Blvd. Exhibit 4 NOTE: For Land Use Designation within Victoria Arbors Master Plan. Refer to the Land Use Plan in Victoria Community Plan. Y ~Ky { /~H' V~~ ~ dAl51T PR PR ANTURE & DESIGN CONCEPTS P651 ~2lassag¢ ~tiv~~ May 26, 2009 Mr. James R. Troyer Community Development Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Massage Envy Clinic at Winery Estate Marketplace My name is Gary Rea. I own and operate a Massage Envy clinic in the City of Upland. I am applying for development code amendments and anon-construction conditional use permit for operation of a Massage Envy clinic at the Winery Estate Marketplace in the City of Rancho Cucamonga. Before I address the required amendments and permits, let me first provide a snapshot of the company and business model. Massage Envy is a nationwide chain of professional, therapeutic massage clinics and the largest employer of licensed massage therapists in the nation. Our mission is to provide quality massage at convenient locations and affordable prices. We succeed by locating in desirable areas, hiring licensed therapists only, operating evenings/weekends, and offering discounted pricing to our members. Today,.there are 550 clinics open nationwide and another 250 in development. We entered the California market in 2005, and currently there are 48 locations in southern California, including 10 in the Inland Empire, 12 in Orange County, 15 in L.A./Santa Barbara/Ventura counties and 11 in San Diego County. Locally, there are clinics in the cities of Upland, La Verne, North Fontana, Corona and Chino. The Upland Clinic is located in the Albertson's plaza at the Colonies Crossroads Center, 210 Freeway and Campus Avenue. The clinic opened in July 2007 and initial 12 months revenue totaled $1.0 million. Revenue for the full year 2008 totaled $1.34 million. The clinic now ranks in the top performing 10% of Massage Envy clinics nationwide, and projections indicate that demand will exceed capacity by mid-year 2009. The staff currently numbers 34 employees including 27 licensed massage therapists and 7 front desk associates. Hours of operation are Sam-10pm Mon-Fri, Sam-6pm Sat, and 10am-6pm Sun. In order to address demand projections, I plan to expand my operation and have selected the Winery Estate Marketplace, SE corner of Baseline Road/Day Creek Blvd, for the clinic location. The selection is based on three factors: First, over 50% of current Upland Clinic customers are residents of Rancho Cucamonga and travel to the proposed site will be convenient for them. Second, the location meets and exceeds Massage Envy population and income demographic requirements. And, third, as an active member of the Rancho Cucamonga Chamber of Commerce and 25 year resident of the city, the Winery Estate Marketplace is one of my favorite locations in the city for a service oriented business like Massage Envy. Since massage is currently not a permitted use at this location ... i.e. The Victoria Community Plan does not permit massage use within the Planned Community and the Victoria Arbors Master Plan does not specifically permit or conditionally permit massage use ... I am submitting applications for: ^ text amendments to the Victoria Arbors Master Plan that will add massage therapy to the list of uses permitted subject to a conditional use permit; see Attachment A ^ text amendments to The Victoria Community Plan that will remove "massage" from uses not permitted and add "massage" to the list of uses permitted subject to a conditional use permit; see Attachment B ^ anon-construction conditional use permit for massage use at the Winery Estate Marketplace To expedite city processing and start of my build-out, I ask for the applications to be processed concurrently, and that approval of the C.U.P. is contingent upon approval of the development code amendments. EXHIBIT B P652 /Llassag¢ ~yv~~ ATTACHMENT A Proposed Text Amendments to the "Victoria Arbors Master Plan" Project Descriation: Massage Envy at Winery Estate Marketplace Purpose of Amendments: To include massage as a commercial use permitted subject to approval of a conditional use permit Specific Amendments: Chapter 3, Section 1. C, Paragraph 1.b.... add "massage" to the list of Regional Related Commercial Uses permitted subject to specific approval of a Conditional Use Permit Chapter 3, Section 1. C, Paragraph 2.b.... add "massage" to the list of Village Center Commercial Uses permitted subject to specific approval of a Conditional Use Permit (Note: Use the amendment above that is applicable to the Winery Estate Marketplace location) P653 -~ y jililassa9Q ~yv~ ATTACHMENT B Proposed Text Amendments to "The Victoria Community Plan" Project Description: Massage Envy at Winery Estate Marketplace Purpose of Amendments: To include massage as a commercial use permitted subject to approval of a conditional use permit Specific Amendments: Part Three, Section 1, Commercial Standards, Paragraph 1.b.... delete "Massage Parlors" from the list of uses not permitted within the Planned Community. Optionally, amend Paragraph 1.b. text to read ... "Uses not permitted within the Planned Community except for uses permitted subject to a Conditional Use Permit as defined in Paragraph 3.b and Paragraph 4. b." Part Three, Section 1, Commercial Standards, Paragraph 3.b.... add "massage" to the list of Regional Related Land Uses permitted subject to a Conditional Use Permit Part Three, Section 1, Commercial Standards, Paragraph 4.b.... add "massage" to the list of Village Commercial Uses permitted subject to specific approval of a Conditional Use Permit (Note: Use the amendment above that is applicable to the Winery Estate Marketplace location) STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services By: Tamara L. Layne, Finance Director ~~ ~~ ~, ~ ~. ~, RANCHO C,,UCAMONGA Subject: A RESOLUTION ADOPTING A NEW PARKING ENFORCEMENT BAIL SCHEDULE RECOMMENDATION Staff respectfully recommends that the City Council adopt the attached resolution which will replace the City's prior Parking Enforcement Bail Schedule which was adopted through Resolution No. 91- 313with anew Parking Enforcement Bail Schedule. BACKGROUND Due to recent State legislation, specifically SB 1407, cities and counties are required to submit $4.50 to the State for each parking ticket collected in their jurisdiction. The $4.50 increase is made up of two components: 1) $1.50 for State Court Facilities Fund and 2) $3.00 for Immediate and Critical Needs Account. It is estimated that if the City does not raise our parking enforcement bail schedule to accommodate these additional funds due to the State, we could lose approximately $19,350 from our existing revenue stream. The City has also not increased our parking enforcement bail schedule since 1991. Staff has reviewed the City's Parking Bail Enforcement Schedule and those of surrounding agencies and has proposed adjusting these fines to be more consistent with surrounding agencies. A comparison of the prior bail schedule to the proposed bail schedule is included below: P654 P655 A RESOLUTION ADOPTING ANEW PARKING ENFORCEMENT BAIL SCHEDULE PAGE 2 OCTOBER 7, 2009 Description Old Amount New Amount Parking on Divisional Island $ 30.00 $ 50.00 Blockin a Walkwa $ 30.00 $ 50.00 Posted No Parkin $ 30.00 $ 50.00 Prohibited Parkin -Red Curb/Sin $ 30.00 $ 50.00 No Parkin in Parkwa $ 30.00 $ 50.00 Posted No Parking-Construction/Equipment $ 30.00 $ 50.00 Within 20' of Crosswalk in Business District $ 30.00 $ 50.00 Within 20' of Traffic Control Device $ 30.00 $ 50.00 Obstruction of Traffic $ 30.00 $ 50.00 Obstructin an Alle $ 30.00 $ 50.00 Parkin Vehicle for Sale $ 30.00 $ 50.00 Repair/Wash Vehicle on Street $ 30.00 $ 50.00 Posted No Parkin -Adjacent of School $ 30.00 $ 50.00 Posted No Parking-Narrow Roadwa $ 30.00 $ 50.00 Posted No Parkin -One Way Street $ 30.00 $ 50.00 Posted No Parkin -One Wa Roadwa $ 30.00 $ 50.00 Parkin on Grades in Excess of 5% $ 30.00 $ 50.00 Vendin from Parked Vehicle $ 30.00 $ 50.00 Posted No Parking-Temporary $ 30.00 $ 50.00 72 Hour Parkin Violation $ 30.00 $ 50.00 Yeflow Curb Parking $ 30.00 $ 50.00 White Curb Parking $ 30.00 $ 50.00 Sto in for Loadin /Unloadin $ 30.00 $ 50.00 Stop in in Alle $ 30.00 $ 50.00 Stoppin /Standin -Buses/Taxicabs $ 30.00 $ 50.00 Bus and Taxicab Stands Restricted $ 30.00 $ 50.00 Permit Parking $ 30.00 $ 50.00 Time Limit Parkin -Green Zone $ 30.00 $ 50.00 Over-wei ht, Exceed 5 Tons $ 177.00 $ 200.00 Over-wei ht, Exceed 3 Tons or 80 In. $ 107.00 $ 150.00 Storin Unattached Trailer on Street $ 30.00 $ 50.00 Parking on Private Property $ 55.00 $ 60.00 Unrestricted Truck Route $ 177.00 $ 200.00 Restricted Truck Route $ 177.00 $ 200.00 Terminal Access Route $ 177.00 $ 200.00 Parkin RN on Street 2 A.M. - 6 A.M. $ 55.00 $ 60.00 Ille al Parkin -Cit Parks $ 30.00 $ 50.00 Unlawful Curb Parkin $ 30.00 $ 50.00 Parking in or Blocking Handicap Stall $ 255.00 $ 300.00 Parking in Fire Lane $ 55.00 $ 75.00 Parking Within 15 Feet of Fire Hydrant $ 55.00 $ 75.00 Unauthorized School Parkin $ 20.00 $ 40.00 Blockin a Drivewa $ 30.00 $ 50.00 Tabs Not Displa ed $ 30.00 $ 50.00 P656 A RESOLUTION ADOPTING A NEW PARKING ENFORCEMENT BAIL SC~DULE PAGE 3 OCTOBER 7, 2009 Once the new parking citation bail schedule is approved by the City Council, staff will have new citations printed which will reflect the increased mandatory fines due to the State at the bottom of the citation and will also reflect the new bail schedule amounts. H:It/aynelCity Council staff reportslparking citation bail schedule increase 10-07-09.doc P657 RESOLUTION NO. 09-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING A NEW PARKING ENFORCEMENT BAIL SCHEDULE WHEREAS, the City of Rancho Cucamonga ("City") processes parking citations issued by the San Bernardino County Sheriffs Department within the City's corporate limits; and WHEREAS, Senate Bill SB 1407, requires cities and counties to submit $4.50 to the State for each parking ticket fine collected in their jurisdiction ($1.50 for State Court Facilities Fund and $3.00 for Immediate and Critical Needs Account); and WHEREAS, payment of the additional portion of parking violation revenues, as required by SB1407, will result in significant financial loss to the City unless parking violation bail amounts are proportionately increased; and WHEREAS, there has been no increase in the parking enforcement bail schedule amounts since 1991 and the City desires to be consistent with surrounding agencies; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California does hereby resolve as follows: SECTION 1: The City Council of the City of Rancho Cucamonga hereby approves and adopts as its parking enforcement bail schedule, the bail schedule attached hereto as Exhibit "A", together with each bail amount set forth therein and the same is hereby incorporated by reference herein. The bail amounts set forth in Exhibit A shall supersede and replace any and all parking bail amounts heretofore established for the violations specified therein. SECTION 2: Resolution No. 91-313 is hereby repealed provided, however, that such repeal shall not affect any parking fine incurred prior to the effective date of this Resolution. SECTION 3: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 7th day of October 2009. AYES: NOES: ABSENT: ABSTAINED: P658 Resolution No. 09- Page 2 Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 7th day of October 2009. Executed this day of October 2009, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk H:ItlaynelCity Council staff reportslresolution-parking citation bail schedule 10-07-09.doc P659 Resolution No. 09-XXX Exhibit A Page 1 CITY OF RANCHO CUCAMONGA PARKING ENFORCEMENT BAIL SCHEDULE Section Description Amount R.C.M.C. 10.44.020 (A) Parking on Divisional Island $ 50.00 R.C.M.C. 10.44.020 (B) Blocking a Walkway $ 50.00 R.C.M.C. 10.44.020 (C) Posted No Parking $ 50.00 R.C.M.C. 10.44.020 (D) Prohibited Parking -Red Curb/Sign $ 50.00 R.C.M.C. 10.44.020 (E) No Parking in Parkway $ 50.00 R.C.M.C. 10.44.020 (F) Posted No Parking-Construction/Equipment $ 50.00 R.C.M.C. 10.44.020 (G) Within 20' of Crosswalk in Business District $ 50.00 R.C.M.C. 10.44.020 (H) Within 20' of Traffic Control Device $ 50.00 R.C.M.C. 10.44.030 Obstruction of Traffic $ 50.00 R.C.M.C. 10.44.040 Obstructing an Alley $ 50.00 R.C.M.C. 10.44.050 (A) Parking Vehicle for Sale $ 50.00 R.C.M.C. 10.44.050 (B) Repair/Wash Vehicle on Street $ 50.00 R.C.M.C. 10.44.060 Posted No Parking-Adjacent of School $ 50.00 R.C.M.C. 10.44.070 Posted No Parking-Narrow Roadway $ 50.00 R.C.M.C. 10.44.080 Posted No Parking-One Way Street $ 50.00 R.C.M.C. 10.44.090 Posted No Parking-One Way Roadway $ 50.00 R.C.M.C. 10.44.100 Parking on Grades in Excess of 5% $ 50.00 R.C.M.C. 10.44.110 Vending from Parked Vehicle $ 50.00 R.C.M.C. 10.44.120 Posted No Parking-Temporary $ 50.00 R.C.M.C. 10.44.130 72 Hour Parking Violation $ 50.00 R.C.M.C. 10.48.010 (B) Yellow Curb Parking $ 50.00 R.C.M.C. 10.48.010 (C) White Curb Parking $ 50.00 R.C.M.C. 10.48.020 Stopping for Loading/Unloading $ 50.00 R.C.M.C. 10.48.030 Stopping in Alley $ 50.00 R.C.M.C.10.48.050 Stopping/Standing-Buses/Taxicabs $ 50.00 t H:ICity Council staff reportslparking citation bail schedule 10-07-09.x/s P660 Resolution No. 09-XXX Exhibit A Page 2 PARKING ENFORCEMENT BAIL SCHEDULE Section Description Amount R.C.M.C. 10.48.060 Bus and Taxicab Stands Restricted $ 50.00 R.C.M.C. 10.50.130 Permit Parking $ 50.00 R.C.M.C. 10.52.020 Time Limit Parking-Green Zone $ 50.00 R.C.M.C. 10.52.050 (A) Over-weight, Exceed 5 Tons $ 200.00 R.C.M.C. 10.52.050 (C) Over-weight, Exceed 3 Tons or 80 In. $ 150.00 R.C.M.C. 10.52.060 (A) Storing Unattached Trailer on Street $ 50.00 R.C.M.C. 10.52.070 (A) Parking on Private Property $ 60.00 R.C.M.C. 10.56.010 Unrestricted Truck Route $ 200.00 R.C.M.C. 10.56.020 Restricted Truck Route $ 200.00 R.C.M.C. 10.56.030 Terminal Access Route $ 200.00 R.C.M.C. 10.64.030 Parking R/V on Street 2 A.M. - 6 A.M. $ 60.00 R.C.M.C. 12.04.010 (F) Illegal Parking-City Parks $ 50.00 C.V.C. 22052 (A) Unlawful Curb Parking $ 50.00 C.V.C. 22507.8 (A)/(B) Parking in~or Blocking Handicap Stall $ 300.00 C.V.C. 22500.1 Parking in Fire Lane $ 75.00 C.V.C. 22514 Parking Within 15 Feet of Fire Hydrant $ 75.00 C.V.C. 21113 (A) Unauthorized School Parking $ 40.00 C.V.C. 22500(e) Blocking a Driveway $ 50.00 C.V.C. 5204(a) Tabs Not Displayed $ 50.00 H:1City Council staff reportslparking citation bail schedule 10-07-09.x/s ' `L o c a/ !D b s t0r L 0 c a / 13e sides is " Thursday, October 29, 2009 9:00 AM 101:00 PM* B e sid e a t s o1 Sa n B e rn a~ din o Co un t y wf/I b e admitledat9.•ODA/M (pnef et nsl~ency ®ay he roN^Iro~ for early entry) Aii o d j ers wi// b e a dmilte d a t 10. • 00 AM LA/ontario International Airport Terminal Building 1 [old terminal] 1940 E Moore Way, Ontario, CA 91761 • From SR-60, exit crepe North • Turn Nght en Airport, then rlgM en Vineyard Your one-stop opportunity to meet major employers wit)] full and part-time local jobs in a Variety of industries Bring your resume and dress for success Admission and parking are Irr~ for all participating employers and job seekers Presented by: COUNTY OF SAN BERNARDINO 1} WORKFORCE I1rVH8l?IHh'T EOARD DtfA~TY1Nt Of M(IRi/ORCC OlYW,0~11LYT -~~...I.+I~.rR 1~1!IJptq MONTCLAIR ~~ LA/Ontario] nternational Los Angeles World Aerports ~ (;IRST PRESBYTERIAN C'HURC'H <+f Upland, INLAND VALLEY Daily Bulletin dailybulletin.com oNT SOUTHERN CALIFORNIA'S NEXT UREIAN CENTER Inland Empire West End lob Fair • From I-10, exit Yinayaril South • Take Vineyard straight to Terminal l parking P661 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services By: Tamara L. Layne, Finance Director -~ RANCHO C,'UCAMONGA Subject: A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. RECOMMENDATION Staff respectfully recommends that the City Council approve a resolution which approves the form of and authorizes the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the Sale of the City of Rancho Cucamonga's Proposition 1A receivable from the State; and directs and authorizes certain other actions in connection therewith. BACKGROUND Proposition 1A Suspension: Proposition 1A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concur. The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-10 budget package on July 28, 2009. Under the provision, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties and special districts. The state will be required to repay those obligations plus interest by June 30, 2013. The legislature is currently reviewing aclean-up bill, S667 which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Prop 1A receivable; tax-exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revisions to the hardship mechanism. While SB 67 has not yet been passed and signed into law, California Communities expects that to occur prior to funding the Program. If for any reason SB 67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and will be destroyed. P662 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION PAGE 2 AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITI-i RESPECT TO THE SALE OF T'I-~ SEER'S PROPOSITION 1A RECEIVABLE FROM THE STATE OCTOBER 7, 2009 Proposition 1A Securitization Program: Authorized under ABX4 14 and ABX4 15, the Proposition 1A Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition 1A Receivables to California Communities. Under the Securitization Program, California Communities will simultaneously purchase the Proposition 1A Receivables, issue bonds ("Prop 1 A Bonds") and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the City sells its Proposition 1A Receivable under the Proposition 1A Securitization Program, California Communities will pledge the City's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop 1A Bonds. The City's sale of its Proposition 1A Receivable will be irrevocable. Bondholders will have no recourse to the City if the State does not make the Proposition 1 A Repayment. Proposition 1A Program Sponsor: California Statewide Communities Development Authority ("California Communities") is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California. Benefits of Participation in the Proposition 1A Securitization Program: The benefits to the City of participation in the Proposition 1A Securitization Program include: • Immediate cash relief -the sale of the City's Proposition 1A Receivable will provide the City with 100% of its Proposition 1A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. • Mitigates impact of 8% property tax withholding in January and May -Per ABX4 14 and ABX4 15 and the proposed clean-up legislation SB 67, the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition 1A. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. • All costs of financing borne by the State of California. The City will not have to pay any interest cost or costs of issuance in connection with its participation. • No obligation on Bonds. The City has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. Proceeds of the Sale of the City's Proposition 1A Receivable: Upon delivery of the Proposition 1A Bonds, California Communities will make available to the City its fixed purchase price, which will equal 100% of the local agency's Proposition 1A Receivable. These funds may be used for any lawful purpose of the City and are not restricted by the program. P663 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION PAGE 3 AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO T'HE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OT OCTOBER 7, 2009 Proposed Proposition 1A Receivables Sale Resolution: The proposed Proposition 1A Receivables Sale Resolution: (1) Authorizes the sale of the City's Proposition 1A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition 1 A Receivable and instructing the disbursement of the Proposition 1 A Receivable to the Proposition 1A Bond Trustee; (4) Appoints certain City officers and officials as Authorized Officers for purposes of signing documents; and (5) ~ Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Proposed Purchase and Sale Agreement The proposed Purchase and Sale Agreement: (1) Provides for the sale of the Proposition 1A Receivable to California Communities; (2) Contains representations and warranties of the City to assure California Communities that the Proposition 1A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and that this is an arm's length "true sale" of the Proposition 1A Receivable. (3) Provides mechanics for payment of the Purchase Price (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits: The proposed Proposition 1A Purchase and Sale Agreement Exhibits include: (61) Opinion of Counsel: This is an opinion of an attorney to the local agency (which may be an in-house counsel or an outside counsel) covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). (B2) Bringdown Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). P664 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECU'I~ON PAGE 4 AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SEi~R'S PROPOSITION lA RECEIVABLE FROM THE STATE; AND DIRECTING AND~AUTI-IORIZING CERTAIN OT OCTOBER 7, 2009 (C1) Certificate of the Clerk of the Local Agency: A certificate of the Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition 1A Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Instructs Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. RECOMMENDED ACTION After Council discussion and questions, if the Council wishes to participate in the Proposition 1A Securitization Program, it should adopt the proposed Proposition 1A Sale Resolution and Purchase and Sale Agreement, which requires only a simple majority vote approval. H:ItlaynelCity Council staffreporfslProp 1A Securitization.doc P665 RESOLUTION NO. ~~-ZC ~> A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION lA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of Rancho Cucamonga, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1 A receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition 1 A Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1 A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition 1 A Receivable and the Seller desires to sell the Proposition 1 A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1 A Receivable from the Seller and the purchase price of other Proposition 1 A Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely P666 from the proceeds of the Seller's Proposition 1 A Receivable and other Proposition 1 A Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition 1 A Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Rancho Cucamonga to secure a borrowing, (ii) any such sale of its Proposition 1 A Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition lA Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1 A Receivable sold to the Purchaser and the Proposition lA Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition lA Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1 A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1 A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition 1 A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition 1 A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1 A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. P667 Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1 A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition 1 A Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. P668 Section 7. This Resolution shall take effect from and after its adoption and approval. y ty ~ ~~~ of the City=; of )Rancho PASSED AND ADOPTED b the Ci ~ ' , Cucamonga, State of California, this day of , 2009, by the following vote: AYES: NOES: ABSENT: Mayor Attest: Approved as to form SELLER'S COUNSEL By Dated: 4 P669 APPENDIX A Authorized Officers: Tamara L. Layne, Finance Director any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. CITY OF RANCHO CUCAMONGA, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November I, 2009 E-1 TABLE OF CONTENTS Page 1. DEFINITIONS AND INTERPRETATION ............................................................. ......... 2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT ....... ......... 2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION lA RECEIVABLE AND PAYMENT OF PURCHASE PRICE ............................................................. ......... 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER ................. ......... 4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER .......................... ......... 5 6. COVENANTS OF THE SELLER ............................................................................ ......... 7 7. THE PURCHASER'S ACKNOWLEDGMENT ...................................................... ......... 9 8. NOTICES OF BREACH .......................................................................................... ......... 9 9. LIABILITY OF SELLER; INDEMNIFICATION ................................................... .........9 10. LIMITATION ON LIABILITY ................................................:.............................. ....... 10 11. THE SELLER'S ACKNOWLEDGMENT ............................................................... ....... 10 12. NOTICES ...............................................................................:.................................. .......10 13. AMENDMENTS ...................................................................................................... ....... 10 14. SUCCESSORS AND ASSIGNS .............................................................................. ....... 10 15. THIRD PARTY RIGHTS ......................................................................................... ....... 11 16. PARTIAL INVALIDITY ......................................................................................... ....... 11 17. COUNTERPARTS ................................................................................................... ....... 11 18. ENTIRE AGREEMENT ........................................................................................... ....... 11 19. GOVERNING LAW ................................................................................................. ....... 12 EXHIBIT A -DEFINITIONS .............................................................................................. ..... A-1 EXHIBIT B1 -OPINION OF SELLER'S COUNSEL ........................................................ ... B1-1 EXHIBIT B2 - BRINGDOWN OPINION OF SELLER'S COUNSEL .............................. ... B2-1 EXHIBIT Cl -CLERK'S CERTIFICATE .......................................................................... ... C1-1 EXHIBIT C2 -SELLER CERTIFICATE ............................................................................ ... C2-1 EXHIBIT C3 -BILL OF SALE AND BRINGDOWN CERTIFICATE ............................. ... C3-1 EXHIBIT D -IRREVOCABLE INSTRUCTIONS TO CONTROLLER ........................... ..... D-1 EXHIBIT E -ESCROW INSTRUCTION LETTER ........................................................... ..... E-1 i PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this "A~reement"), is entered into by and between: (1) CITY OF RANCHO CUCAMONGA, a local agency of the State of California within the meaning of Scction 6585(f) of the California Government Code (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition IA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition lA receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition lA Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition 1 A Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition l A Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"}, and will use a portion of the proceeds thereof to purchase the Proposition lA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition 1 A Receivable to the Trustee and each Credit Enhancer to secure the Bonds. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition lA receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition lA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing. Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit Bl, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit C 1 and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3; rovided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition 1 A Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition 1 A Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price Conveyance of Proposition 1 A Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition 1 A Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition 1 A Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1 A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition 1 A Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition 1 A Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition 1 A Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition 1 A Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition 1 A Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition 1 A Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition 1 A Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition 1 A Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition lA Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition lA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition 1 A Receivable to the Purchaser, the Seller was the sole owner of the Proposition lA Receivable, and has such right, title and interest to the Proposition 1 A Receivable as provided in the Act. From and after the conveyance of the Proposition 1 A Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition lA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition lA Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition lA Receivable to the Purchaser, the Seller held title to the Proposition 1 A Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition lA Receivable. (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser (j) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition 1 A Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition lA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition 1 A Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms-length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition lA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect the ability of the Pwchaser, and any assignee of the Pwchaser, to receive payments of the Proposition 1 A Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to cant' out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Pwchaser to the Proposition 1 A Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pwsuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition lA Receivable to the Trustee, together with notice of the sale of the Proposition 1 A Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition 1 A Receivable, any authority to collect the Proposition lA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition 1 A Receivable. In the event that the Seller receives any proceeds of the Proposition 1 A Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition lA Receivable. (g) The Seller shall treat the sale of the Proposition 1 A Receivable as a sale for regulatory and accounting purposes. (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition lA Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition 1 A Receivable is not a debt or liability of the Seller, and that the Proposition 1 A Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition 1 A Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition 1 A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition 1 A Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 10. Limitation on Liability. (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition I A Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition lA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. l2. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specitted herein, the Yurcnaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the cntire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 11 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser By: 12 Authorized Signatory EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing a-mail notification to Tamara.Layne@cityofrc.us not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor-controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition 1 A Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to Tamara.Layne@cityofre.us not later than one day prior to the Pricing Date. .....-.t..... _ ...-~ ~_ ~ ~_------ ---------~ .. ---- ---r --- -- Seller's principal place of business and chief executive office located at Drive, Rancho Cucamonga, California 91730. A-1 "Proposition 1 A Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the City Council approving the sale of the Proposition 1 A Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition lA Receivable of City of Rancho Cucamonga, dated as of the Closing Date. A-2 EXHIBIT B1 OPINION OF COUNSEL to CITY OF RAN CHO CUCAMONGA Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition 1 A Receivable Ladies & Gentlemen: [I have/This Office has] acted as counsel for the City of Rancho Cucamonga (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the City Council of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition 1 A Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition 1 A Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [I/We] have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [Uwe] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [I/we] have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set 'we i are B1-1 1. The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [my/our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition lA Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition lA Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my/our] knowledge, prior to the sale of the Proposition lA Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right,~title or interest of any kind whatsoever in all or any portion of the Seller's Proposition lA Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition 1 A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [I/we] express no opinion as to the value of the Proposition 1 A Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition lA Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. B1-2 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [mylour] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [I/We] do not undertake to advise you of matters that may 'come to [my/our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, By: Seller's Counsel BI-3 EXHIBIT B2 OPINION OF COUNSEL to CITY OF RANC HO CU CAMONGA Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition IA Receivable (Brimdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the City of Rancho Cucamonga (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this Office delivered an opinion (the "Opinion") dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition 1 A Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, By: Seller's Counsel B2-1 EXHIBIT C1 CLERK'S CERTIFICATE CERTIFICATE OF THE CITY CLERK OF CITY OF RANCHO CUCAMONGA, CALIFORNIA Dated: Pricing Date The undersigned City Clerk of the City of Rancho Cucamonga (the "Seller"), a local agency of the State of California `~~ithin the meaning of Section 658~(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said Seller duly and legally held at the regular meeting place thereof on the day of 2009, of which meeting all of the members of said City Council had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT ABSTAIN I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of Rancho Cucamonga, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By: City~}erk of the Eity~R~neha Cucamonga, California CI-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the City of Rancho Cucamonga (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agrccmcnt"), bctwcen the Seller and the California Statewide Communities Development Authority (the "Purchaser"). 2. Irrevocable Instructions For Disbursement of Seller's Proposition 1 A Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1. At the timc of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition lA Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 Name, Official Title Signature John R. Gillison, Deputy City Manager, Administrative Services I HEREBY CERTIFY that the signatures of the officers named above are genuine. Dated: Pricing Date By: City Clerk of the City of Rancho Cucamonga. California C2-2 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 20 ] 0, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition 1 A Receivable as defined in the Sale Agreement (the "Proposition I A Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition 1 A Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1 A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition 1 A Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date Authorized Officer C3-1 EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION lA RECEIVABLE OF CITY OF RANCHO CUCAMONGA Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition lA Receivable by the City of Rancho Cucamonga and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City of Rancho Cucamonga (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition 1 A Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition 1 A Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's City Council authorized the sale of the Proposition 1 A Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition 1 A Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition 1 A Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition IA Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at and time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and (iii) so long as the Indenture has not been discharged, these instructions D-1 cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement; (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition lA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account #: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition 1 A Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone #: (213) 614-3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, CITY OF RANCHO CUCAMONGA By: Authorized Officer D-2 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition 1 A Receivable Financing Dear Sir or Madam: The City of Rancho Cucamonga (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition lA Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition lA Receivable, the Seller's City Council has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition 1 A Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: certified copy of the Resolution, together with a certificate of the City Clerk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7, the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing docume~rts-are to be held in escrow by Transaction Counsel~nd- shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E-1 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Enclosures cc: Orrick, Herrington & Sutcliffe LLP Very truly yours, CITY OF RANCHO CUCAMONGA By: E-2 Authorized Officer P670 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jon A. Gillespie, Traffic Engineer RANCHO CUCAMONGA Subject: CONSIDERATION OF THE PUBLIC WORKS SUB-COMMITTEE'S RECOMMENDATION TO THE CITY COUNCIL TO PROCEED WITH AMENDING SECTION 10.50 PERMIT PARKING DISTRICTS OF THE CITY'S MUNICIPAL CODE IN ORDER TO REMOVE THE MINIMUM SIZE REQUIREMENT OF A PERMIT PARKING DISTRICT RECOMMENDATION It is recommended that the City Council direct staff to amend Section 10.50 Permit Parking Districts of the City's Municipal Code in order to remove the minimum size requirement of a permit parking district per the Public Works Sub-Committee's recommendation, and to amend other sections of the permit parking ordinance as appropriate. BACKGROUND/ANALYSIS On September 2, 2009, the Public Works Sub-Committee recommended that the City Council direct staff to modify the City's permit parking ordinance. Specifically, the Public Works Sub-Committee recommended that the section pertaining to the minimum size of a permit parking district be deleted. Section 10.50.030 Minimum size of the City's Municipal Code reads as follows: "Permit parking districts shall contain at least four blocks or at least one mile of curb frontage." Staff recommends that this section be amended to read as follows, "The City Council may designate by resolution any public street or any portion thereof as a permit parking zone, and may establish the days and hours when parking in the permit parking zone shall be restricted." Staff has conducted a survey of 35 other cities that have permit parking, and found that no other City has a minimum size requirement in their permit parking ordinance. The City has received a request from the residents of a street in the vicinity of Chaffey College that desires permit parking. However, this street is not long enough to meet the permit parking ordinance's minimum size requirement. The Public Works Sub-Committee has reviewed this request for permit parking, and recommended that the City's permit parking ordinance be modified. The City Permit Parking Ordinance was last updated in 1988. Staff has reviewed the Ordinance and is recommending additional modifications to better reflect current conditions. The areas proposed for modification are as follows: Authorize "tow away" for repeat offenders. Clarify~what is meant by "commuter vehicles". Specify that only "homeowners" are authorized to sign a petition requesting permit parking. P671 CITY COUNCIL STAFF REPORT Re: Amendment of Ordinance -Permit Parking October 7, 2009 Page 2 Staff recommends that the City Council direct staff to work with the City Attorney to update sections of the City's permit parking ordinance as appropriate, and to resubmit an amended ordinance to the City Council for consideration. Staff should have the amended ordinance ready for the City Council's consideration in November. Respectfully submitted, Director of Engineering Services/City Engineer MAS/JAG:Is T H E C I T Y O F RANCHO CUCAMONGA Stiff Report DATE: October 7, 2009 TO: Mayor and Members of the City Council, Jack Lam, AICP, City Manager FROM: Robert Karatsu, Library Director SUBJECT: CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION REGARDING AN APPOINTMENT TO THE RANCHO CUCAMONGA LIBRARY FOUNDATION'S BOARD OF DIRECTORS RECOMMENDATION That the City Council approve the City Council Library subcommittee's recommendation for two new appointments to fill current openings on the Library Foundation. BACKGROUND The Library Foundation, which is the Library 501 c3 organization dedicated to fundraising, is currently recruiting additional members. (Currently there are 13 members appointed, with the maximum number of Foundation Directors stated by the by-laws to be 21 and the minimum 9). Staff recommends appointing Balbina Kendall, Vice Principal of Etiwanda Junior High School, and Paula Pachon, a Management Analyst for the Community Services Department. Both are familiar with the Library and its mission, and both bring skills and ties in the community that should make them effective fundraisers. The Subcommittee reviewed applications and discussed applicants at the Library subcommittee meeting held on October 7th. Subcommittee Members Michaels and Gutierrez will present their recommendation to the full City Council at the October 7, 2009 meeting. Re~~s~pectfully su mitted, ~ I Robert Karatsu Library Director P672 STAFF REPORT COMMUNITY SERVICES DEPARTMENT Date: October 7, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director RANCHO CUCAMONGA Subject: CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING AN APPOINTMENT TO THE COMMUNITY FOUNDATION BOARD OF DIRECTORS RECOMMENDATION It is recommended that the City Council approve the City Council Community Services Sub- committee's recommendation regarding one appointment to the fill a vacancy set to expire June 30, 2012. BACKGROUND The City Council Community Services Subcommittee will meet on October 7th to consider appointment of one member of the public to the Community Foundation's Board of Directors. Due to the timeliness of the matter, Subcommittee Members Williams and Spagnolo will present their recommendation to the full City Council at the October 7th meeting. Respegftfully ,gryt~mitted, P673 Kevin'McArdle Community Services Director