HomeMy WebLinkAbout2000/02/02 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
February 2, 2000
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
City Counciimembers
William J. Alexander, Mayor
Diane Williams, Mayor Pro Tern
Paul Biane, Councilmember
James V. Curatalo, Coancilmember
Bob Dutton, Councilmember
Jack Lam, City Manager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 477-2700
City Council Agenda
February 2, 2000
All items submitted for the City Council Agenda must be in writing.
The deadline for submitting these items is 6:00 p.m. on Tuesday, one
week prior to the meeting. The City Clerk's Office receives all such
items.
A. CALL TO ORDER
Pledge of Allegiance.
Roll Call: Alexander Biane
Curatalo , Dutton __, and Willlares__
B. ANNOUNCEMENTS/PRESENTATIONS
Presentation of a Proclamation to Joan Kruse, Purchasing Manager,
congratulating her on her retirement.
C, COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City
Council. State law prohibits the City Council from addressing any
issue not previously included on the Agenda. The City Council may
receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual.
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
non-controversial. The Council will act them upon at one time
without discussion. Any item may be removed by a Councilmember
or member of the audience for discussion.
1. Approval of Minutes: December 15, 1999
January 5, 2000
2.
Approval to authorize the advertising of the "Notice Inviting Bids" for the
Local Street Pavement Rehabilitation - Slurry Seal of various streets, to
be funded from Account No. 32-4637-9113.
RESOLUTION NO. 00-012
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE LOCAL STREET
PAVEMENT REHABILITATION - SLURRY
SEAL OF VARIOUS STREETS IN SAID CITY
AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE
BIDS
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City Council Agenda
February 2, 2000
Approval to authorize the advertising of the "Notice Inviting Bids" for the
Local Street Pavement Rehabilitation - Overlay of various streets, to be
funded from Account No. 32-4637-9113.
RESOLUTION NO. 00-013
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE LOCAL STREET
PAVEMENT REHABILITATION - OVERLAY OF
VARIOUS STREETS IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
Approval of Local Law Enforcement Block Grant for the Year 2000.
Approval of Amendment #1 to Amended and Restated Lease
Agreement (CO92-064) between the City of Rancho Cucamonga and
Valley Baseball Club, Inc., regarding security.
Approval of a Request to Summarily Vacate Excess Street Right-of-
Way at the southwest corner of Arrow Route and Hermosa Avenue, 5-
166 - APN: 209-041-52.
RESOLUTION NO. 00-014
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, SUMMARILY ORDERING THE
VACATION OF EXCESS RIGHT-OF-WAY AT
THE SOUTHWEST CORNER OF HERMOSA
AVENUE AND ARROW ROUTE
Approval and Execution of Program Supplement Agreement No. 002-M
to administer Agency-State Agreement for Federal-Aid Projects No. 08-
5420 (CO 00-001), between the City of Rancho Gucamonga and the
State of California for funding for the preliminary engineering to expand
parking and loading platform at the Gity's Metrolink Station located at
the southwest corner of Milliken Avenue and the AT&SF.
RESOLUTION NO. 00-015
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AUTHORIZING THE
EXECUTION AND SIGNING OF PROGRAM
SUPPLEMENT AGREEMENT NO. 002-M TO
ADMINISTER AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 08-5420,
BETVVEEN THE CITY OF RANCHO
CUCAMONGA AND THE STATE OF
CALIFORNIA FOR FUNDING FOR THE
PRELIMINARY ENGINEERING TO EXPAND
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City Council Agenda
February 2, 2000
PARKING AND LOADING PLATFORM AT THE
CITY'S METROLINK STATION LOCATED AT
THE SOUTHWEST CORNER OF MILLIKEN
AVENUE AND THE AT&SF.
Approval to release the Faithful Performance Bond for improvements
for Tract 13303-1, submitted by Lewis Development Company, located
on the southwest corner of Mountain View Drive and Terra Vista
Parkway.
Release: Faithful Performance Bond #145051S $32,700.00
Approval to release the Faithful Performance Bonds for improvements
for Tract 13304, submitted by Lewis Development Company, located on
the nodheast corner of Mountain View Drive and Terra Vista Parkway.
Release: Faithful Performance Bond #223992S $55,795.00
Faithful Performance Bond #223993S 42,130.00
Faithful Performance Bond #223991S 32,600.00
10. Release of Maintenance Guarantee Bond No. 441394 in the amount of
$17,985.00 and Maintenance Guarantee Bond No. 441396 in the
amount of $23,427.75 for Tract 13565, located on the northeast corner
of San Sevaine and Wardman Bullock.
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E. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time of first
reading. Second readings are expected to be routine and non-
controversial. The Council will act them upon at one time without
discussion. The City Clerk will read the title. Any items can be
removed for discussion.
No items submitted.
F. ADVERTISED PUBLIC HEARINGS
The following items have been advertised and/or posted as public
hearings as required by law. The Chair will open the meeting to
receive public testimony.
CONSIDERATION OF FORMATION OF CITYVVIDE COMMUNITY
FACILITIES DISTRICT FOR THE FINANCING OF A PORTION OF
CENTRAL PARK (Continued from September 1, 1999)
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City Council Agenda
February 2, 2000
RESOLUTION NO. 00-016
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ESTABLISHING CITY OF
RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT NO. 99-1 (CENTRAL
PARK), ESTABLISHING AN
APPROPRIATIONS LIMIT, AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN SUCH
DISTRICT, AND CALLING A SPECIAL
ELECTION
RESOLUTION NO. 00-017
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, DECLARING NECESSITY TO
INCUR A BONDED INDEBTEDNESS,
ORDERING SUBMITFED TO THE QUALIFIED
ELECTORS OF CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 99-1 (CENTRAL PARK) A
PROPOSITION RELATING TO THE DISTRICT,
GIVING NOTICE OF A SPECIAL ELECTION
AND ESTABLISHING PROCEDURES FOR
CONDUCTING THE ELECTION
RESOLUTION NO. 00-018
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, MAKING FINDINGS REQUIRED
BY THE CALIFORNIA ENVIRONMENTAL
NEGATIVE DECLARATION, ADOPTING A
MITIGATION MONITORING PROGRAM, AND
ORDERING THE FILING OF A NOTICE OF
DETERMINATION IN CONNECTION WITH
THE ESTABLISHMENT OF COMMUNITY
FACILITIES DISTRICT NO. 99-1 (CENTRAL
PARK), OTHER RELATED ACTIONS AND THE
CONSTRUCTION AND OPERATION OF
CENTRAL PARK
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G. PUBLIC HEARINGS
The following
requirements.
testimony.
items have no legal publication or posting
The Chair will open the meeting to receive public
No items submitted.
City Council Agenda
February 2, 2000
H. CITY MANAGER'S STAFF REPORTS
The following items do not legally require any public testimony,
although the Chair may open the meeting for public input.
No items submitted.
I. COUNCIL BUSINESS
The following items have been requested by the City Council for
discussion. They are not public hearing items, although the Chair
may open the meeting for public input.
No items submitted.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
This is the time for City Council to identify the items they wish to
discuss at the next meeting. These items will not be discussed at this
meeting, only identified for the next meeting.
K. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City
Council. State law prohibits the city Council from addressing any
issue not previously included on the Agenda. The Council may
receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual.
L. ADJOURNMENT
MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS
PENDING LITIGATION REGARDING THE CITY OF RANCHO
CUCAMONGA VERSUS COUNTY OF SAN BERNARDINO, ET AL
(UNIVERSITY PROJECT), PER GOVERNMENT CODE SECTION 54956.9.
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my
designee, hereby certify that a true, accurate copy of the foregoing agenda
was posted on January 27, 2000, seventy two (72) hours prior to the
meeting per Government Code 54954.2 at 10500 Civic Center Drive.
January 5, 2000
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 5,
2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho
Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor William J.
Alexander.
Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and
Mayor William J. Alexander
Also present: were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James
Markman, City Attorney; Larry Temple, Administrative Services Director; Rick Gomez, Community
Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City
Engineer; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II;
Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Mitch Slagerman, Sr.
Redevelopment Analyst; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain
Rodney Hoops, Police Department; and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Introduction of newly-assigned deputies, Greg Hill, Jerry Esmond, Alecia Lucas and Raul
Lorera, to the Rancho Cucamonga Police Station.
Captain Hoops, Police Department, introduced the newly assigned deputies.
B2. Presentation of Proclamations recognizing the generous support of the major sponsors,
Executive Committee Members and broadcast hosts for the 1999 Rancho Cucamonga Public Library
Telethon.
Deborah Clark, Library Director, made the introductions and presentations.
Mayor Alexander presented Councilmember Williams with a Proclamation for serving on the
executive committee of the telethon.
B3. Presentation of a Proclamation recognizing Faust Printing for receiving the first-ever "They Said
It Couldn't Be Done" Award from the Printing Industry of America" (PIA).
Mayor Alexander presented Rosemary Faust and her staff with a Proclamation.
B4. Mayor Alexander wanted to thank the Police, Fire, MIS staff, Larry Temple and Jack Lam for
working on New Years Eve to make sure things ran smoothly for "Y2K". He reported there were no
problems transitioning into the new year.
City Council Minutes
January 5, 2000
Page 2
C. COMMUNICATIONS FROM THE PUBLIC
C1. John Lyons of Etiwanda, also associated with SOC (Save Our Children) talked abut the
proposed high school on Banyan and Milliken. He stated they are asking people to attend the Route
30 Task Force meeting scheduled for January 11 to talk about the traffic issues associated with the
proposed school. He mentioned previous traffic plans that were made for the City regarding traffic
circulation. He felt Highland and 19th should remain open after the freeway opens.
C2. Jerry Jacobson, 10935 Santa Barbara Place, stated he will be at the January 11 Route 30
meeting. He talked about the inconvenience because of the closing of 19th. He talked about looking
at the meeting minutes and wanted to make sure there was a quorum at the upcoming January 11
meeting.
C3. Frank Williams, Building Industry Association, wanted to share various news adicles regarding
the safety of the levee. He read from a letter the BIA sent to our Congressman regarding some of
the efforts that have been made by the Haven View residents. He mentioned he informed the
Congressman they felt it was inappropriate for Senators Boxer and Feinstein to get involved in this
matter as they have. He stated whatever happens with this issue will affect the entire building
industry.
C4. George Georgiou stated they would like their building appeal to be placed on the City Council
agenda instead of being heard by the Building Board of Appeals. He asked that he be heard at the
January 19, 2000 City Council meeting.
Mayor Alexander asked Mr. Markman, City Attorney, to respond to this.
James Markman, City Attorney, stated the letter Mr. Georgiou just read is a much clearer indication
of what his issue is and the fact that he is considering a formal appeal than the one written April 19,
1999. He stated since that time, the City has adopted a whole new Uniform Building Code that had
another procedure which the Council set in motion to generate a technical Building Appeals Board to
try to deal with Mr. Georgiou's issue. He stated what he has been trying to tell Mr. Georgiou is that if
he wants to pursue this legally and have recourse if he doesn't get the answer he wants from an
Appeals Board, he should go to the Appeals Board the Council has generated under the present
statute. He stated that doesn't mean that if the Council also wants to hear him out at a Council
meeting they can do this. He stated then if he doesn't get the answer he wants, he could still go to
the Building Appeals Board and go through the legal process. He stated after hearing his comments
tonight he certainly understands better than he ever did during all the prior correspondence.
Mr. Georgiou stated it would have helped if the City Attorney would have acknowledged his letter of
April 19, 1999. He stated he would like an official answer from the City Council because he felt he
was entitled to it.
C5. Dennis Ford, northeast Etiwanda, read a letter about the traffic diversion because of the Route
30 Freeway construction. He felt because of the traffic problems that safety was an issue for
emergency personnel to get through the City. He felt response time goals were not being met.
Joe O'Neil, City Engineer, pointed out that Highland will not remain closed during the freeway
construction, but only until the Rocheste~Highland bridge project is completed.
C6. Fonna Bosso, 10817 Carriage, read a letter from Bill Hawkins which was distributed to the
Council and is on file in the City Clerk's office.
City Council Minutes
January 5, 2000
Page 3
D. CONSENT CALENDAR
D1. Approval of Minutes:
November 3, 1999
November 10, 1999 (Special Meeting)
November 17, 1999 (Alexander & Curatalo
absent)
December 1, 1999 (Biane & Curatalo absent)
December 7, 1999 (Special Meeting,
Curatalo absent)
D2. Approval of Warrants, Register Nos. 12/8/99 and 12/15/99 and Payroll ending 12/5/99 for the
total amount of $6,534,712.01.
D3. Approval of Authorization for the purchase of one (1) International Model 2654 - 6X4 ten-wheel
dump truck from Dieterich International Truck Sales of San Bernardino, California, through a
Piggyback/Cooperative Purchase Agreement with Elsinore Valley Municipal Water District in the
amount of $95,669.07, funded from two accounts, # 07-4647-7045 and 09-4637-7045.
D4. Approval of disposition of City-owned property within Tract 14380, located at the northwest
corner of Wdson and Etiwanda Avenues, submitted by Mastercraft Cucamonga I, LLC.
RESOLUTION NO. 00-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FINDING THAT CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE
SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA,
AND AUTHORIZING THE AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE THE QUITCLAIM DEED AND TO PRESENT THE
SAME TO THE COUNTY RECORDER TO BE FILED FOR RECORD
D5. Approval of a Resolution Ordering the Annexation to Landscape Maintenance District No. 3B
and Street Lighting Maintenance District Nos. 1 and 6 for MDR 99-32, located at 9177 Center
Avenue.
RESOLUTION NO. 00-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR MDR 99-32
D6. Approval of Improvement Agreement, Improvement Security and! Ordering the Annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for
DR 99-32, located on the south side of Base Line Road, east of Amethyst Street, submitted by
Sunrise Rancho Cucamonga Assisted Living, LLC.
RESOLUTION NO. 00-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-32
City Council Minu~s
JanuaW 5,2000
Page4
RESOLUTION NO. 00-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR DR 99-32
D7. Approval to accept Improvements, release the Faithful Performance Bonds, accept
Maintenance Bonds, and file a Notice of Completion for Improvements for Tract Map 15797 and
Tract Map 15797-1, submitted by Tava Development Co., a California Company, DBA Citation
Homes, located south of Highland Avenue, east of Woodruff Place. TRACT 15797-1 WAS
REMOVED FROM AGENDA. TO COME BACK AT A FUTURE MEETING.
Release: Faithful Performance Bond
Accept: Maintenance Bond
Tract 15797 Tract 15797-1
3SM91449100 3SM91002000
$101,285.00 $949,825.00
3SM91449100A 3SM94002000A
$10,129.00 $94,983.00
RESOLUTION NO. 00-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 15797 AND TRACT 15797-1, AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
D8. Approval to accept the Traffic Signal and Safety Lighting Project located at the intersection of
Arrow Route and Baker Avenue, Contract No. 98-053 as complete, release the Bonds and authorize
the City Engineer to file a Notice of Completion and approve the final Contract amount of
$94,569,00.
RESOLUTION NO. 00-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS, THE TRAFFIC SIGNAL AND SAFETY LIGHTING
PROJECT LOCATED AT THE INTERSECTION OF ARROW ROUTE
AND BAKER AVENUE, CONTRACT NO. 98-053 AS COMPLETE,
RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO
FILE A NOTICE OF COMPLETION AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
Jack Lam, City Manager, stated with regards to Item D7, Tract 15797-1, will be removed from this
agenda and will return at a future meeting for approval.
MOTION: Moved by Dutton, seconded by Williams to approve the staff recommendations in the staff
reports within the Consent Calendar. Motion carried unanimously 5-0,
City Council Minu~s
Janua~ 5,2000
Page 5
E. CONSENT ORDINANCES
El. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12.04 OF TITLE 12 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE PROVIDING FOR THE ESTABLISHMENT OF
LEASH-OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE
THERETO
Debra J. Adams, City Clerk, read the title of Ordinance No. 618.
ORDINANCE NO. 618 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04 OF TITLE
12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING
THE ESTABLISHMENT OF LEASH-OPTIONAL AREAS IN PUBLIC
PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO
MOTION: Moved by Dutton, seconded by Willjams to waive full reading and approve Ordinance No.
618. Motion carried unanimously 5-0.
F. ADVERTISED PUBLIC HEARINGS
F1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DCA 99-05 - CITY OF RANCHO
CUCAMONGA - A request to amend the Development Code regarding thrift stores, second-hand
stores, antique shops, and pawn shops.
Staff report presented by Emily Wimer, Assistant Planner.
Mayor Alexander opened the meeting for public hearing. There being no response, the public
hearing was closed.
Debra J. Adams, City Clerk, read the title of Ordinance No. 619.
ORDINANCE NO. 619 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT 99-05, AMENDING SECTION 17.02.140 OF THE
RANCHO CUCAMONGA DEVELOPMENT CODE. REGARDING
DEFINITIONS FOR THRIFT STORES, SECOND-HAND STORES,
ANTIQUE SHOPS, AND PAWN SHOPS, AND MAKING FINDINGS IN
SUPPORT THEREOF
MOTION: Moved by Curatalo, seconded by Willjams to waive full reading and approve Ordinance
No. 619. Motion carried unanimously 5-0.
G. PUBLIC HEARINGS
No Items Submitted.
City Council Minutes
January 5, 2000
Page 6
H. CITY MANAGER'S STAFF REPORTS
H1. CONSIDERATION OF 1-15 FREEWAY LANDSCAPING REQUIREMENTS AND APPROVAL TO
USE BEAUTIFICATION FUNDS FOR FREEWAY LANDSCAPE MASTER PLAN DEVELOPMENT
Staff report presented by Joe O'Neil, City Engineer.
Councilmember Curatalo asked if the subcommitee's recommendation woutd include Caltrans
maintaining the landscaping.
Joe O'Neil, City Engineer, stated yes.
Councilmember Biane asked if we would still have the Planning Commission's input in developing this
process.
Joe O'Neil, City Engineer, stated yes.
Councilmember Dutton stated he supports the subcommittee's recommendation. He felt while this
goes to the Planning Commission they need to consider the fiscal impacts as well.
MOTION: Moved by Dutton, seconded by Curatalo to approve the subcommittee's recommendation.
Motion carried unanimously 5-0.
No Items Submitted.
I. COUNCIL BUSINESS
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified for the next meeting.
K. COMMUNICATIONS FROM THE PUBLIC
K1. John Lyons talked about the flood control system that started being developed in 1975. He
talked about the adequacy of a back-up flood control system that is also in place.
K2. Malissa Mckeith, 4993 Ginger Court, asked that the Council act on Mr. Georgiou's request. She
showed various documents on the overhead camera relative to the drainage issue of the Lauren
project.
K3. Pat Domiani stated she cannot afford flood insurance in Haven View where she is currently
building a home.
K4. Mr. Stevens, Haven View Estates, stated he is a retired police man and cannot afford additional
insurance. He stated he does not know why the Council is siding with the developer instead of the
residents. He stated he is concerned with the investment he has made in his home and felt it might
decrease if the Lauran project is built.
City Council Minutes
January 5, 2000
Page ?
L. ADJOURNMENT
MOTION: Moved by Curatalo, seconded by Biane to adjourn to executive session to discuss pending
litigation regarding the City of Rancho Cucamonge versus County of San Bernardino, et al (University
Crest Project), per Government Code Section 54956.9. Motion carried unanimously 5-0. The meeting
adjourned at 8:33 p.m.
Respectfully submitted,
Approved:
Debra J. Adams, CMC
City Clerk
December 15, 1999
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 15, 1999,
in the Council Chambers 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 Mayor William J. Alexander.
Present were Councilmembers: James Curatalo, Bob Dutton, Diane Williams, and President William J.
Alexander.
Absent was: Councilmember Biane.
Also present were: Jack Lam, City Manager; Bill Curley, Deputy City Attorney; Linda D. Daniels, RDA
Director; Pamela Easter, Deputy City Manager; Rick Gomez, Community Development Director; Brad
Buller, City Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City
Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Joe Kamrani,
Sr. Info Systems Analyst; Kevin McArdle, Community Services Director; Deborah Clark, Library Director;
Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Chief Dennis
Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga
Police Department; and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Certificates of Achievement recognizing the generous support of businesses,
service clubs and schools who participated in the 1999 Library Telethon campaign with donations of
$500 and above.
Deborah Clark, Library Director, introduced Jackie Amsler, Inland Valley Daily Bulletin; Mike Beliinder,
Comcast Cable Vision; Ruth Leal, Charter Communications; Joani Finwall, Pacific Bell; Faser Venter,
Cucamonga Christian Fellowship; Bob Dutton, Dutton & Associates; Joey Filippi, J. Filippi Winery; Eric
Vail, Covington & Crowe; Peter Pitassi, Peter J. Pitassi, Architects; Rusty Deaton, Bell Cab Company.
B2. Presentation of Certificate of Achievement to Jerry La Pointe of Jerry La Pointe Video
Productions. His original production "Our Favorite Place," describing the services and opportunities for
youngsters visiting the Rancho Cucamonga Public Library, received the Platinum "Best of Show"
Award in the 1999 Aurora Awards Film and Video competition.
Item removed from agenda.
City Council Minutes
December15,1999
Page2
C. COMMUNICATIONS FROM THE PUBLIC
C1. Nacho Gracia, 10364 Humbolt, also with the Northtown Housing Development Corporation Board
of Directors, thanked the Council for their support this past year. He wanted to also thank the RDA staff
for their participation in "PRIDE DAY", an event that was a joint effort between the City and the Northtown
Housing Development Corporation that was held in October.
C2. John Lyons, resident, talked about the proposed high school and stated they want to keep 19t~
and Highland open after the freeway opens. He stated on January 11 at 6:00 p.m., a group of people will
be going to the Route 30 Task Force meeting to talk about keeping 19th and Highland open.
C3. Mark Estopinian, Ranch Ddve, thanked Senators Diane Feinstein and Barbara Boxer,
Congressman Joe Baca, and Councilmembers Bob Dutton and Diane Willjams for voting for the safety
study. He stated he met with the senator's representatives in Washington, D.C. and met with Michael
Davis, Deputy Assistant Secretary of Defense, Civil Division at the Pentagon. He stated after he had
reviewed testimony his response was "there is no reason to debate your experts in their findings, we just
need to figure a way to get funding for the study in the most of timely manners". He continued to talk
about the levee. He asked for the Council to get a second legal opinion.
C4. Suzanne Simon, Carissa Court, wanted to talk about the traffic on Base Line due to the closure of
Highland. She talked about the problems on Base Line because of the traffic on that street. She
expressed concerns for the kids traveling to school. She said you cannot travel Rancho Cucamonga
without encountering construction. She felt the signals should be timed to accommodate the volume of
traffic and felt future construction on Base Line, Foothill and Arrow should be put on hold for a few
months. She suggested Wilson and Banyan be made to go through.
C5. Malon Sampson talked about a statement that the Mayor read at the last meeting and countered
those comments that were made.
C6. Tom Bradford stated he has problems with Jim Markman's advice. He talked about the
moratorium and Mr. MarkmaWs advice about this. He felt the City Council should obtain a second legal
opinion.
C7. Fred Baldau displayed a picture of the levee and explained this.
C8. Bob Christiano talked about the Haven View Homeowners Association and stated they have
spent approximately $800,000 in legal fees. He stated he has received comments from various
homeowners in the Haven view project about what is taking place. He also displayed pictures of the
levee which indicated it is not 40' high. He asked how people can feel the levee situation is unsafe yet be
against a moratorium.
C9. Bill Hawkins, 4987 Ginger Court, felt Mr. Christiano's comments about the 3' wall was ridiculous.
He stated this was not true. He felt the breech needed to be repaired. He stated the legal fees from
Haven View has not come out of the Homeowner's Association fees. He did not feel the City Attorney's
office was giving sound information.
C10. Lauran Altos, 4907 Calico Court, stated he took a walk to the debris basin and continued to
inform the Council about this.
City Council Minutes
December 15, 1999
Page 3
D. CONSENT CALENDAR
D1. Approval of Warrants, Register Nos. 11/24/99 and 12/1/99 and Payroll ending 11/21/99 for the
total amount of $3,343,721.17.
D2. Approval to receive and file current Investment Schedule as of November 30, 1999.
D3. Approval of the name "Mountain View Park" for Tetra Vista Park #6.
D4. Approval to authorize the California Cities Home Ownership Authority (CCHOA) to make loans
within the city limits through the Taxable Single Family Mortgage Revenue Bonds Program.
D5. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for
Parcel Map 14038, located at the northeast corner of Arrow Route and Maple Place, submitted by
Maple Place Partners, LLD, a Limited Liability Company.
RESOLUTION NO. 99-264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER
14038, IMPROVEMENT AGREEMENT, AND IMPROVEMENT
SECURITY
RESOLUTION NO. 99-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR PARCEL MAP NUMBER 14038
D6. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 1 for Tract 15727,
located at the intersection of Fourth Street and the Cucamonga Creek Flood Control Channel bordered
by Sixth Street on the north, submitted by Cornerpointe 257, LLC
RESOLUTION NO. 99-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT 15727,
IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
RESOLUTION NO. 99-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR
TRACT 15727
D7. Approval of a Three-Party Agreement between the City, San Bernardino County Flood Control
District, and the Developer of Tract 15711 for construction of improvements to San Sevaine Channel
south of Foothill Boulevard. submitted by R.C. Homes, LLC
City Council Minutes
December 15, 1999
Page 4
RESOLUTION NO. 99-268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A THREE-PARTY
AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT AND R.C. HOMES, LLC, REGARDING THE CONSTRUCTION
OF IMPROVEMENTS TO SAN SEVAINE CHANNEL SOUTH OF
FOOTHILL BOULEVARD
D8. Approval of an Agreement (CO 99-109) between RC-Spot and the City of Rancho Cucamonga for
the Development and Maintenance of a Dog Park.
D9. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance
Bond, and file a Notice of Completion for Improvements for Tract 13566 and 13566-2, submitted by
Rancho Cucamonga, LLC, located south of W~lson Avenue and west of Cherry Avenue.
RESOLUTION NO. 99-269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRCT 13566 AND 13566-2 AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Curatalo, seconded by Dutton to approve the staff recommendations in the staff
reports within the Consent Calendar. Motion carried unanimously 4-0-1 (Biane absent).
No Items Submitted.
E. CONSENT ORDINANCES
No items submitted.
No Items Submitted.
No Items Submitted.
F. ADVERTISED PUBLIC HEARINGS
G. PUBLIC HEARINGS
H. CITY MANAGER'S STAFF REPORTS
I. COUNCIL BUSINESS
City Council Minutes
December 15, 1999
Page 5
I1. DISCUSSION OF FILLING PLANNING COMMISSION TERMS
Staff report presented by Diane O'Neal, Assistant to the City Manager, who stated they had received
letters from the current Planning Commissioners requesting to remain on the Commission.
Councilmember Willlares stated the two that reapplied are on the General Plan Update Task Force and
felt they should be reappointed because of the problems it would cause if they were not part of it any
longer.
MOTION: Moved by Dutton, seconded by Willlares to reappoint Rich Madas and John Mannedno to
the Planning Commission.
12. PARK AND RECREATION FACILITIES UPDATE
Report received and filed.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified for the next meeting.
K. COMMUNICATIONS FROM THE PUBLIC
No communication was made from the public.
L. ADJOURNMENT
MOTION: Moved by Willlares, seconded by Curatalo to adjourn. Motion carried unanimously 4-0-1
(Biane absent). The meeting adjourned at 7:59 p.m.
Respectfully submitted,
Approved:
Debra J. Adams, CMC
City Clerk
Leslie L. Morris, M.D.
Diplomatc American Board of P,',3'chiatzy & Neumlo.m.'
Dear Sirs:
4519 N. Rosemead Blvd
Rosemead. CA. 91770
318 - 451-0526
My name is Dr. Leslie Mores, my wife and I live at 5109 Liplzzan Place, in Haven View
Estates. I have a busy me~cal practice, and my wife has her own business in Rancho
Cucemonga. Like many prof_~-s/_'enals, we am busy. It may seem inconceivable to the City
Council, but my wife and I were unaware of hew contentious this Deer Creek levee issue had
become. It was not until we received four letters from Mr. Cristiano and Lauren Development, as
I understand other homeowners did also, we learned that our homeowners association had spent
far too much money from our reserves to sue the City. We did not learn this from our own
association. To the contrary we heard that this so-called safety issue was being handled "pro-
bono.' Since someone was handling an issue for free, frankly, it didn't concern me enough to
look into it.
My wife was the president of the RC-5 Homeowners Assodation for throe years. Hew
could she be unaware that the association had iliad multiple lawsuits against the City? How
could she be unaware that the reserves were depleted from $250.000 to $36,000 for legal fees?
We did not know because the board of directors did not inform us of their actions. We were not
given the opportunity to vote. There was no amendment to the budget authorizing these legal
fees. Our board of diredors in Execu'dve Session took these actions with no homeowners
present. We simply did not know. The only way we are awere of the actions at this time is
through the newspapers, and other homeowners phoning the house.
My wife and I understand that the City Council has been accused of ignndng our safety.
On the surface, that sounds vey serious, However, we received letters from another homeowner
about the Army Corps of Engineers. It is obvious to ANYONE reading these letters that the City
has relied on one of the worid's foremost authorflies on public safety in allowing the levee to be
removed. In our minds the safety issue is resolved. But it is not dead in our community. It
seemad to be quite the opposite,
Last week, my wife passed out a flyer inviting our neighbors to a meetjag to discuss wfiat
was going on within Haven View Estates. We wantad to review what was spent by our
association and is owed. We wanted to discuse how were going to restors our reserves and how
we could fix our gates. Our public gathering was RAIDED. Yes, I said raided, by the homeowner
associations who feel they speak for us all. But I speak for my family. In my opinion, we have a
dght to have a meeting among ourselves to discuss these matters to get a clear understanding of
the real picture.
We have question for the City Council tonight. Why has the City Council allowed this issue to
continue unabated? When is enough, enough? In our opinion the safety issues is no long an
issue. When the An'ny Corps completed its report, it satisfied us. But nobody asked us. We
need this issue to be resolved with an affirmative action by the City Council. If you truly feel that
Haven View is safe, say so tonight. Let enough, be enough. We need this matter dosed so that
we can go on with our lives, before irs out of hand. Thank you for your consideration.
Leslie L. Mords, MD
CC: Haven View Estates; & Lauren Development
RA N C H O C U C A M O N GA
[
ENGINEERING DEDART~IENT
Staff Report
DATE: February 2, 2000
TO: Mayor and Members of City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Lucinda E. Hackett, Associate Engiueer
SUB, JEff: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING
BIDS" FOR THE LOCAL STREET PAVEMENT REHABILITATION - SLURRY
SEAL OF VARIOUS STREETS, TO BE FUNDED FROM ACCOUNT NO. 32-4637-
9113 AND 20-4637-9113
RECOMMENDATION:
It is recommended that tile City Conncil approve specifications for tile construction of Local Street
Pavement Rehabilitation - Slurry Seal of Various Streets and approve the Attached resolution authorizing
the City Clerk to advertise the "Notice h~viting Bids".
BACKGROUND / ANALYSIS:
The scope of work for Local Street Pavement Rehabilitation - Slurry Seal for various local streets
consists of, but not limited to weed killing and weed removal, crack sealing. slurry sealing and striping.
The project xvill be ~mded from Measure 'T' funds, Account No. 32-4637-9113. Staff has determined
that the project is categorically exempt per Aaicle 19, Sectioa 15301(c) of the CEQA guidelines.
The Engineer's estimate for Local Street Pavement Rehabilitatioa - Slur~ Seal is $305,000. Legal
adve~isiag is scheduled for February 8, 2000 and February 15, 2000, with bid opening at 2:00 p.m. on
Tuesday, Februa~ 22, 2000.
Respect~dly submitted,
City Engineer
WJO:LEH:Ieh
Attachments
See Map
See Ma
LFJ4;3N
UPLAND
I1
STREETS FFIR PAVMT. REHAB,
(SLURRY SEAL TYPE
PARKS FFIR PAVHT, REHAB,
(SLURRY SEAL TYPE D
ST
;ee! Map "A"
;ee Map "C"
'~F
.;
ONTARIO
CITY OF RANCHO CUCAMONGA
FY 1999/00 PAVEMENT REHABILITATION
LOCATION MAP
N.T,S.
_ _ "_ ~ M~oowwc, oz~// .~ ~. ~~/'. R,,~,/ .
-',,""-.'~-
LEGEND:
' ' ' ~ ~" MAP "A"
CITY OF RANCHO CUCANONGA ~
1999-00 PAVEMENT REHABII,ITATION'~ ~
s
SLURRY SEAl, TYPE II ms
LEGEND:
"B"
CITY OF RANCHO CUCAMONGA ~e
W
1999-00 PAVEMENT RF, HABH,ITATION ~
SLURRY SEAL TYPE II ms
LEMON AV
/ / ,
AV
HIGHLAND
LEGEND:
· . . ~u~ s~ ~E,, MAP" "
CRACK SEAL (1/4" A,ND LARGER) PRIOR TO SLURRY C
CITY OF RANCHO CUCA/~ONGA
1999-00 PAVEMENT REHABll ,FEATION
SLURRY SEAI, TYPE H
HIGHLAND AV
LEGEND:
Z
~ i'.
· SLURRY S,EA~ TYPE II
CRACK SEAL (1/4" AND LARGER) PRIOR TO SLURRY
MAP "D"
CITY OF RANCHO CUCAMONGA
1999-00 PAVEME;NT REHABII ,ITATiON
SLURRY SEAl, TYPE II
N
LA VINE
RAIL ROAD
GRANDVIEW
NORTHVIEW
LEGEND:
BASE LINE
~NILDROSE
· SLURRY SEAL TYPE II
CRA~K SEAL (1/4' AND ~) pRIOR TO SLURRY
RD
MAP "E"
CITY OF ~CBIO CUCA
1999-00 PAVEMENT REHABILITATION
SLURRY SEAL TYPE lI
N
7
CHURCH
0
NORWICK
ASHFORD
li
iOi
EFFEN
LEGEND:
MAP "F"
CITY OF RANCHO CUCAMONGA
1999-00 PAVEMENT REHABII ,ITATION
SLURRY SEAL TYPE 1I
N
m
z
4TH STREET
LEGEND:
SLURRY SEAL TYPE II
CRACK SEAL (1/4" A~D LARGER) PRIOR TO SLURRY
MAP "G"
CITY OF RANCHO CUCANONGA ~
1999-00 PAVF~X4ENT REHABII ,ITATION'~ ~
IX)CAL STREET g EHAB ~s
HILLSIDE ROAD
DRESSA(
1
AREA '[O RECEIVE SLURRY SEAL TYPE
EQUESTRIAN
INADE 8HE,,TER
· I,-
N
al
,I
GROUP
PICNIC ,e
,·~O.CCER FIELD,/>
TRAIL
LEGEND:
.MAP-P1
HERiTAGE PARK
CITY OF RANCHO CUCANONGA
1999-00 PAVEMENT REHABII ,ITATION
SLURRY SEAL TYPE I
N
BASELINE.ROAD
),
c
AREATO RECEIVE
SLURRYSEALTYPEI
LEGEND:
SU.RRYS~N.'~SI
MAP-P2
RED*HILL PARK
CITY OF RANCHO CUCAMONGA
1999-00 PAVEMENT REHABU ]TATION
SLURI~Y SEAr, TYPE I
N
RESOLUTION NO. ~:)~" ~!~/~-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR
THE "LOCAL STREET PAVEMENT REHABILITATION - SLURRY
SEAL OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE
BIDS
WFIEREAS, it is the intention of the City of Ranclio Cucamonga to construct certain improvements
in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the
construction of certain improvenmnts.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City
of Rancbo Cucamonga be and are hereby approved as the platIs and specifications for" LOCAL STREET
PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS ".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise
as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid
platIs and specifications, which said advertisement shall be substantially in the following words and
figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pnrsuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County,
Cali lbmia~ directing this notice, NOTICE IS FIEREBY GIVEN that said City of Rancho Cucamonga will
receive at the Office of the City Clerk in the offices of the City of Rancho Cucanmnga, on or before the
honr of 2:00 p.m. on Tuesday, February 22, 2000, sealed bids or proposals tbr the "1999/2000 LOCAL
STREET PAVEMENT REHABILITATION PROGRAM (SLURRY SEAL) VARIOUS LOCATIONS"
in said City.
Bids will be publicly opened aad read in the office of the City Clerk, 10500 Civic Center Drive, Rancho
Cucamonga, California 91730.
Bids nmst be made on a form provided for the purpose addressed to the City of Rancho Cucamonga,
California, marked, "Bid for Construction of Ib99/2000 LOCAL STREET PAVEMENT
REHABILITATION PROGRAM (SLURRY SEAL) VARIOUS LOCATIONS."
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia Labor
Code, Division 2, Part 7 Chapter I Articles 1 and 2 the Contractor is required to pay not less than the
general prevailing rate of per diem ~vages for work of a similar character in the locality n wh ch the publ c
work is performed and not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regi~rd the Director of the Department of Indt sir a Re at o is of the State of California is
required to and has determined such general prevailing rates of per diem ~vages. 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, Ranclio Cacamonga, Califomia, and are available to any interested party on request.
/2-.
RESOLUTION NO.
PAGE 2
February 2, 2000
rates of per diem wages are on file in the office of the City Clerk of the City ofRancho 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 detem~inations 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
Rancbo Cucan~onga, not more than fifty dollars ($50.00) for each laborer, workman, or 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 tinder the attached contract,
by him or by auy subcontractor tinder 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
xvork's project and whicl~ administers the apprenticeship progrmn in that trade for a certificate of approval.
The certificate xvill 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 tile area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request of certificate, or
B. Wbeu the number of appreutices in training in the area exceeds a ratio of one to five, or
C. Wbeu the trade can show that it is replacing at least 1/30 of its men~bership through
appremicesl~ip training on au annual basis~tatexvide or locally. or
D. Wheu tile Contractor provides evidence that he employs registered apprentices on all of his
coutracts ell an annual average of not less than one appreutice to eigbt journeymen.
TIle Coiltractor is required to make contributions to funds established for the administration of
apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade
ou such contracts and if other Contractors on the public works site are making such contributions.
TIle 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 apprenticesbip standards, wage schedules, and other requirements may be obtained
froill the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, 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 ($25.00)
fbr each laborer, workman, or mecbauic 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
RESOLUTION NO.
PAGE 3
February 2, 2000
`.vbich said laborer, workman. or mechanic is required or permitted to labor more than eight (8) hours in
violation of said Labor Code.
Contractor aorees to pay travel and subsistence pay to each workmau needed to execute the work required
by this contrgct as such travel and subsistence payments are deftned 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 tile City of Rancho Cucanlonga Ii3r an amount equal to at least 10% of the amount of said bid as a
guarmltee that tile bidder will enter into the proposed contract if the same is a~varded to him, and in event
of lhilure 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 lo`.vest
bidder's security shall be applied by the City of Rm~cho Cncamonga to the di fti:rence between the loxv bid
and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder.
TIm anlount of the bond to be given to secure a faithful performance of the contract for said xvork shall be
100% of the contract price thereol~ and an additional bond in an mnount equal to 100% of the contract price
fur said work shall be given to sectIre the payment of claims for any materials or supplies furnished for the
perlbrmance 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 xvork.
No proposal will be considered li'om a Contracto~ to whom a proposal lbrm has not been issued by the City
of Rancho Cucamonga.
Contractor shall possess any and all contractor licenses. in form and class as required by any and all
applicable laws `.vith 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) in accordance with the provisions of
the Contractor's License Law (Calitbrnia Business and Professions Code. Section 7000 et. seq.) and rules
and regnlation adopted pursuant thereto.
The Contractor. pursnant to the "California Business and Professions Code," Section 7028.15, shall
indicate his or her State License Number on the bid, together with the expiration date, and be signed by
the Contractor declaring. under penalty of perjury, that the information bcing provided is true and correct.
The ;vork is to be done in accordance with tile specifications of the City of Rancho Cucamonga on file in
the Office of the City Clerk at 10500 Civic Center Drive, Rancbo Cucanmnga, California. Copies of the
specifications, available at the office of the City Engineer, will be fi~rnished upon application to the City
of Rancho Cucamonga. and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE
DOLLARS) is non-refundable. Upon written request by the bidder, copies of the plans and specifications
~vill be rnailed when said request is accompanied by payment stipulated above, together with an additional
non-reinlbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and
overhead.
The successful bidder ,.viII be required to enter into a contract satislitctory to the City of Rancho
/q
RESOLUTION NO.
PAGE 4
February 2, 2000
Cucamonga.
In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the
Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor
may, upon tile 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.
By order of the Council of the City of Rancho Cucamonga, California.
Dated this 2''a day of February. 2000.
Publish Dates: February 8, 2000 and February 15, 2000.
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California,
this 2"a day of February, 2000.
ATTEST:
William J. Alexander, Mayor
Debra J. Adams, City Clerk
1, DEBRA J. ADAMS, CITY CLERK of tile 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
2"d day of February, 2000.
Executed this 2"d day of February, 2000, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
ADVERTISE ON: February 8, 2000 and February 15, 2000
R A N C H O
ENGINEERING
C U CA MON GA
DEPARTSlENT
Staff Report
DATE: Febrnary 2, 2000
TO: Mayor and Members of City Council
Jack Lain, AICP, City Manager
FROM: William J. O~Neil, City Engineer
BY: Lucinda E. Hackerr, Associate Engineer
SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING
BIDS" FOR THE LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF
VARIOUS STREETS, TO BE FUNDED FROM ACCOUNT NO. 32-4637-9113
RECOMMENDATION:
It is recommended that tile City Council approve specifications for tile construction of Local Street Pavement
Rehabilitation - Overlay of Various Streets and approve the attached resolution attthorizing tile City Clerk to
advertise the "Notice Inviting Bids".
BACKGROUND / ANALYSIS:
TIle scope of work for Local Street Pavement Rehabilitation - Overlay for various local streets consists of,
but not limited to clearing and grubbing, cold planlag, crack sealing, A.C. overlay, re-striping and pavement
markings. The project will be fimded from Measure 'T' fimds, Account No. 32-4637-9113. Staff has
determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines.
The Engineer's estimate for Local Street Pavement Rehabilitation - Overlay is $151,000. Legal advertising is
scheduled for February 8, 2000 and Febnmry 15, 2000, with bid opening at 2:00 p.m. on Tuesday, February
22, 2000.
City Engineer
WJO:LEH:Ieh
Attachments
z VICTORIA $TREICT L~
:i
STREETS FDR PAVMT, REHAB,
(0,10' CDL]] PLANE AND 0.10' DVERLAY)
CITY OF RANCH0 CUCAMONGA ~
FY 1999/00 PAVEMENT REHABILITATION
LOCATION MAP ~.~.~.
CHURCH
~ ~-.
TOM r- ~ ~ -~ O
i~STACIA
FOOTHILL
i_EGEND:~ ~ I ~
AFTERCCLDPLA~E
%L
ASHFORD
al
EFFEN
REGIS ) .l
: ~
/ /
leAwe
CITY OF RANCHO CUCAFIONGA
1999-00 PAVE14EtqT RFHABH ,FFATiON
LOCAL STREET A C. OVER [JAYS
.O
FOOTHILL
LEGEND:
0.10' COLD PLANE AND 0.10' OVI~,LAY
/ /
MAP "B"
CITY OF RANCHO CUCA MONGA
1999-00 P A.VEMENT R EHAB 11 IT ATI ON
LOCAl, STREET A.C. OVERT AYS
bl
RESOLUTION NO. ~)~) "' ~ttg?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING PLANS AND
SPECIFICATIONS FOR THE "LOCAL STREET PAVEMENT
REHABILITATION - OVERLAY OF VARIOUS STREETS" 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 City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the
construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the pl,'ms and specifications presented by the
City of Rancho Cucanmnga be and m'e hereby approved as the plans and specifications for" LOCAL
STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS ".
BE IT FURTHER RESOLVED that the City Clerk is hereby aothorized and directed to
advertise as required by law 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 Bemardino County,
California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho
Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho
Cucanaonga, on or before the hour of 2:00 p.m. on Tuesday. Febrnary 22, 2000, sealed bids or
proposals for the "1999/2000 LOCAL STREET PAVEMENT REHABILITATION PROGRAM
(OVERLAY) VARIOUS LOCATIONS" in said City.
Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive,
Rancho Cucamonga, California 91730.
Bids must be made on a fom~ provided for the purpose, addressed to the City of Rancho Cucanaonga,
California, marked, "Bid for Construction of 1999/2000 LOCAL STREET PAVEMENT
REHABILITATION PROGRAM (OVERLAY) VARIOUS LOCATIONS."
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia
Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is required 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 perforated, and not less than the general prevailing rate of per diem wages
RESOLUTION NO.
Page 2
February 2, 2000
for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations
oftbe State of California is reqnired 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 tile job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the
City of Rancho Cacamonga, not more than fifty dollars ($50.00) for each laborer, workman, or
mecl~m~ic 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 beti3re stipulated for any work done
under the attached contract, by him or by any snbcontractor 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 conceming
the employment of apprentices by the Contractor or any sobcontractor under binl.
Section 1777.5, as anaended, requires tile Contractor or subcontractor employing tradesmen in any
apprenticable occupation to apply to the joint apprenticeship colmnittee nearest the site of the
public work's project and wbicb administers the apprenticeship progrmn in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to joumeynmn that will be used in
the perfommnce of the contract. The ratio of apprentices to journeymen in such cases shall not be
less thml one to five except:
A. When nnemployment in the area of coverage by tile joint 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 tlmt it is replacing at least 1/30 of its membership through
apprenticeship traitling 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.
TIle Contractor is required to make contributions to funds established tbr the administration of
apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public works site are making such
contributions.
2/
RESOLUTION NO.
Page 3
Febrnary 2, 2000
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 may be obtained froin the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, 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, Clmpter 1. Article 3 of the Labor Code of the State of Calitbrnia as amended.
The Contractor shall forfeit, as a penalty to the City of Rancbo Cucamonga. twenty-five dollars
($25.00) for each laborer, worhnan~ or mechanic employed in the execution of the contract, by him
or any subcontractor tinder him, upon any of the work herein before mentioned, for each calendar
day during ~vbich said laborer, ~vorkman, or mechaa~ic 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 Ibis contract as sucb travel and subsistence payments are defined in the applicable
collective bargaining agreement filed in accord._ance 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 mnount equal to at least 10% of the amount of said
bid as a gtmrantee 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 axvards the contract to the next lo~vest bidder, the amount of the
Io~vest 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
,,?2.
RESOLUTION NO.
Page 4
February 2, 2000
the construction of said work.
No proposal will be considered from a Contractor to whom a proposal form has not been issued by
the City of Rancho Cucamonga.
Contractor shall possess ,'my and all contractor licenses, in fom~ and class as required by any and all
applicable laws with respect to any and all of the work to be perforated nnder this contract; Including
but not limited to a Class "A" License (General Engineering Contractor) in accordance with the
provisions of the Contractor's License Law (California Business mid Proti~ssions Code, Section 7000
et. seq.) and rules and regulation adopted pursuant thereto.
The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall
indicate his or her State License Number on the bid, together with the expiration date, and be signed
by the Contractor declaring, under penalty of perjury, that the infomlation being provided is true and
correct.
The ~vork is to be done in accordance with the specifications of the City of Rancho Cucamonga on
file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucmnonga, California.
Copies of the specifications, available at the office of the City Engineer, will be furnished upon
application to the City of Rmlcbo Cucamonga, reed payment of $35.00 (THIRTY-FIVE DOLLARS),
said $35.00 (THIRTY-FIVE DOLLARS) is non-refundable. Upon xvrittcn request by the bidder,
copies of tile plans and specifications xvill be nmiled when said request is accmnpanied by payment
stipulated above, together xvith an additional non-reimbursable payment of $15.00 (FIFTEEN
DOLLARS) to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of Rancho
Cncarlonga.
In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the
Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor
may, upon the Contractor's request aod 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.
By order of tile Council of the City of Rancho Cucamonga, California.
Dated this 2''a day of February, 2000.
Publish Dates: February 8, 2000 and February 15, 2000.
PASSED AND ADOPTED by the Council of the City of Rancbo Cucamonga, California,
this 2'''t day of February, 2000.
William J. Alexander, Mayor
ATTEST:
Debra J. Adams, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby
certify that the foregoing Resolution was duly passed, approve& and adopted by the City Council
of the City of Rancho Cucanmnga, California, at a regular meeting of said City Council held on the
2''l~ day of February, 2000.
Execated this 2"'t day of February, 2000. at Rancho Cucamonga. California.
Debra J. Adams, CMC, City Clerk
ADVERTISE ON: February 8, 2000 and February 15, 2000
DATE:
TO:
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
January 12, 2000
Mayor and Members of City Council
Jack Lam, AICP, City Manager
Rodney Hoops, Chief of Police
Acceptance of Local Law Enforcement Block Grant for Year the 2000
RECOMMENDATION:
It is recommended that the City Council approve the acceptance of the Department of Justice Local
Law Enforcement Block Grant a~varded to the Rancho Cucamonga Police Department for the Year
2000, in the amount of $89,839.
BACKGROUND/ANALYSIS:
In 1999, the United States Department of Justice awarded a Local Law Enforcement Block Grant
in the amount of $92,313 to the City of Rancho Cucamonga Police Department for the purchase of
equipment and vehicles. The Department of Justice awarded an additional $89,839, also for the
purchase of equipment and vehicles for the Year 2000. The City would have to provide matching
funds in the amount of $9982 in order to receive the award. The matching funds xvould come from
the Contract Services Budget, account number 4451-6028.
Respectfully submitted,
Ro ops
Ch' ' e~
RH:mk
25
RAN CHO CUCAMONGA
COMMUNITY SERVICES
St fffReport
DATE:
TO:
FROM:
SUBJECT:
February 2, 2000
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Kevin McArdle, Community Services Director
APPROVAL OF AMENDMENT NO. 1 TO AMENDED AND RESTATED LEASE
AGRI:I:MENT (CO 92-064) BEWVEEN THE CITY OF RANCHO CUCAMONGA AND
VAJ I FY BASEBALL CLUB, INC., REGARDING SECURITY
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 1 to the Amended and
Restated Lease Agreement between the City and Valley Baseball Club, Inc., regarding
non-game security at the Epicenter.
BAC KG RO U N D/AN ALYSIS:
On August 18, 1999, the City and Valley Baseball Club, Inc., executed an Amended and
Restated Lease extending the Quakes use of the Epicenter Stadium for a ten-year
period. As part of those negotiations, Valley Baseball indicated that they would like to
have future discussions regarding the non-game day security guard function at the
Epicenter, Under the executed lease the City contracts for private security services at
the Epicenter, and Valley Baseball Club, Inc., reimburses the City for a portion of those
costs.
During the past few weeks the City and Valley Baseball Club, Inc., have discussed
issues of interest relating to the security guard services at the Epicenter. Following
these discussions City staff and Valley Baseball Club, Inc,, have jointly developed the
attached proposed amendment to the lease agreement for consideration by the City
Council.
Mayor and Members of the City Council
Lease Agreement Amendment No. 1 Valley Baseball Club, Inc.
Page 2
The proposed amendment includes language stating that the City and Valley Baseball
Club, Inc., will jointly work together to establish a security management plan for the
facility in order to best provide the necessary security function. The proposed
amendment also provides for adjustment to the payment schedule by which Valley
Baseball Club, Inc., reimburses the City for a portion of these security costs. Based
upon cash flow issues associated with Valley Baseball Club, Inc.'s revenues, it is
recommended that the team be allowed to reimburse the City over a ten-month period
each year as opposed to the existing five month requirement. The total annual required
reimbursement from Valley Baseball Club, Inc., to the City will remain the same as
identified in the Amended and Restated Lease.
All other terms of the Amended and Restated Lease have remained the same.
FISCAL IMPACT:
The amendment makes no changes to the annual fiscal year revenue reimbursed to the
City by Valley Baseball Club, Inc., for security purposes. The amendment allows Valley
Baseball to reimburse the City over ten annual installments instead of the current five.
Resp c lly sub i ,
Kevin cArdie
KM/mam
Attachments
Council&Boards/CityCounciYStaffReports/QuakesAmendmenL 020200
27
AMENDMENT NO. I TO AMENDED AND RESTATED
LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY"
HEREINAFTER) AND VALLEY BASEBALL CLUB, INC.
("TENANT" HEREINAFTER)
A. Recitals
(i) During August 1999, City and Tenant entered into the above-referenced
Amended and Restated Lease ("the Lease" hereina~er).
(ii) Paragraph 25 of the Lease requires that City provide security for the
Stadium during certain time periods and City now does so by contracting with a private
company which provides such services to the Stadium and adjoining playing fields,
parking lots, maintenance building, and animal shelter.
(iii) Tenant currently reimburses City for a portion of City's costs incurred in
supplying the security services referred to in Recital (ii) above.
(iv) The parties desire to provide for Tenant's input in establishing the plan for
providing such security and to modify a payment schedule related to security.
B. Amendment No. 1.
NOW, THEREFORE, the parties hereto agree as follows:
1. Paragraph 25 of the Lease hereby is amended as follows:
"25. SecuriW.
"City shall provide security for the Stadium during the following time
periods:
"A. From the completion of any event conducted at the Stadium
until dawn of the following day;
"B. From dusk of a weekday upon which no event is conducted
at the Stadium until dawn of the following day; and
"C. For all twenty-four (24) hours of each Saturday, Sunday
and Holiday during which no event is conducted at the Stadium.
"The parties understand that City may contract with an independent
security service to discharge its above-stated obligations. City and Tenant shall
confer in establishing a security management plan to implement City's obligation
to provide security stated herein. In addition, City shall provide a vehicle and
radio transmission capacity on an as-needed basis in providing for the above-
described security. In aid of providing security for the Stadium, Tenant shall pay
to City the following total sums in ten (10) equal installments, payable on or
before the first day of each successive month commencing in January in each of
the following years:
1999 - $60,000
2000 - $62,500
2001 - $65,000
2002 o $67,500
2003 - $70,000
2004 - $72,500
2005 - $75,000
2006 - $77,500
2007 - $80,000
2008 - $82,500
2009 - $85,000
2010 - $87,500
2011 - $90,000
2012 o $92,500
"Tenant shall be responsible for providing all necessary security for the
Stadium and each and every Class A baseball game held at the Stadium. Tenant
agrees to use such security officers in type and amount described in Exhibit "E"
hereto. It is anticipated that four (4) police officers shall be required for forty-
seven (47) weekday games, five (5) police officers for twenty-three (23) weekend
games and seven (7) police officers for the July 4 game. During each year of the
term hereof, Tenant shall pay for security costs calculated in accordance with
Exhibit "E" hereto in five (5) equal installments at the same time as minimum
annual rent shall be paid. Notwithstanding any other term or provision contained
in this Section 25, security shall be provided in accordance with the above-
referenced criteria, and should attendance compel the employment of officers in
addition to those referred to above, Tenant shall reimburse City' for the cost of
SNRC\A~M END I \01 / 13/2,000
providing such additional officers within thirty (30) days of City providing to
Tenant a statement reflecting such additional costs."
2. Other than as expressly amended hereby, the Lease and each and every term and
provision thereof shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have entered into this Amendment
No. I as of the dates stated below as to each such party.
CITY OF RANCHO CUCAMONGA
Dated: By:
Mayor
Dated: Attest:
City, Clerk
VALLEY BASEBALLCLUB, INC.
Dated: By:
S\RC'~'x. NI END 1 \01 / 13/2000
THE CITY
~ANC1[O
O~
CUCAMONGA
S fReport
DA'E: February 2, 2000
TO: Mayor and Members of the City Council,
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Maria E. Perez, Assistant Engineer
SUBJECT: APPROVAL. OF A REQUEST TO SUMMARILY VACATE EXCESS STREET
RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF ARROW ROUTE
AND HERMOSA AVENUE, V-166 - APN: 209-041-52
RECOMMENDATION:
Staff recommends City Council adopt the attached resolution ordering the summary
vacation of excess street right-of-way at the southwest corner of Arrow Route and
Hermosa Avenue and directing the City Clerk to present same to the County Recorder
for recordation.
BACKGROUND/ANALYSIS:
On April 20, 1990 the City, through condemnation proceedings, acquired the former site
of the Santolucito Market. The condemnation occurred as a result of the Arrow Route
Widening Project. The description of the right-of-way took a rectangular portion out of
the corner (see exhibit "B"). Staff believes that the right-of-way was acquired in this
manner for expedience relative to the condemnation proceedings.
In light of recent development on the site, staff is seeking to eliminate the excess right-
of-way.
Respectfully submitted,
William J. O'Neil
City Engineer
Attachments
WJO:MEP
F
ARROW ROUT~
EA TO BE
VACATED
I<LI-LLI-I-~tI
CITY OF
RANCH0 CUCAMONGA
ENGINEERING DIVISION
ITEM:
TITLE:
EXHIBIT:
V-166
Vicinity Map
34.42'
O
""z~l'
/
68.00' N 89*50'22" E
I
O'
o
z
~4,.)1 o Scalc: 1"=20'
r---
I
3t
LEGEND
Indicates Area of
Proposed Vacation
R = 24'
L=37.51'
T--23.81'
CITY OF
RANCH0 CUCAMONGA
ENGINEERING DIVISION
ITEM:
TITLE:
EXHIBIT:
V-166
VACATION MAP
A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF
RANCHO C~NGA, CALIFORNIA, SUMMARILY ORDERING
THE VACATION OF EXCESS RIGHT-OF-WAY AT THE
SOUTHWEST CORNER OF HERMOSA AVENUE AND ARROW
ROUTE
WHEREAS, by Chapter 4, Article I Section 8331, of the Streets and Highways
Code, the City Council of the City of Rancho Cucamonga is authorized to summarily
vacate the excess right-of-way at the southwest corner of the intersection of Arrow
Route and Hermosa Avenue: and
WHEREAS, the City Council found by all the evidence submitted that the excess
right-of-way is unnecessary for present or prospective public street purposes, it has not
been used for more than five (5) consecutive years and no public money was expended
for maintenance of same; and
NOW THEREFORE, the City Council of the City of Rancho Cucamonga hereby
resolves as follows:
SECTION 1:
That the City Council hereby makes its order vacating the excess
right-of-way at the southwest corner of the intersection of Arrow
Route and Hermosa Avenue, as described in Exhibit "A" and shown
on Exhibit "B".
SECTION 2:
That the City Clerk shall cause a certified copy of this resolution
and exhibits to be recorded in the office of the County Recorder of
San Bernardino County, California.
SECTION 3: That the City Clerk shall certify to the passage and adoption of this
resolution and it shall thereupon take effect and be in force.
VACATION 166
EXHIBIT A
That portion of Lot 21, Section 11, Township 1 South, Range 7 West, San Bemardino
Base and Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State
of California, according to the Map of Cucamonga Lands, as per plat recorded in book 4,
page 9 of Maps, in the Office of the County Recorder of said County, described as
follows:
Beginning at the northeast corner of said Lot 21; thence along the north line of said Lot
21, Noah 89°42'34" West 34.42 feet; thence South 00017'26'' West 50.00 feet to the
TRUE POINT OF BEGINNING; thence along the prolongation of said line South
00°17'26" West 24.00 feet; thence North 89°50'22" East 24.00 feet to a point of
intersection with a line parallel with and 11.00 feet westerly of the easterly line of said
Lot 21, bearing Noah 00°09'38" West; said point also being the beginning of a curve
concave to the southwest having a radius of 24.00 feet; thence noahwesterly 37.51 feet
along said curve to the TRUE POINT OF BEGINNING.
The parcel described above is shown on the map, Exhibit "B", attached herewith and
made a pan hereof.
Contains 450 square feet more or less.
,,~
-; No, 24963- r
Willii~nl J. 6'/~e'~ '
City Engineer
City of Rancho Cucamonga
EXHIBIT "B"
VACATION 166
ARROW ROUTE AND HERMOSA AVENUE
~O ,
~ 0
N 89°42'34'~V
34.42'
Scale: 1"=20'
Center Sec. 11
T1S, R7W _
67.42' _
~ I Arrow Route
NEC Lot 21
O
68.00'
N 89°S0'22" E - '
LEGEND
Indicates Area of
Proposed Vacation
CURVE DATA
A A = 89°32'56''
R = 24'
L = 37.51'
T=23.81'
M. Perez
11-18-99
CITY OF
ID,.ANCtlO CUCAMONCA
Staf:fRe r
DATE: February 2, 2000
TO:.
FROM:
BY:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O'Neil, City Engineer
Kenneth Fung, Project Manager
APPROVAL AND EXECUTION OF PROGRAM SUPPLEMENT NO. 002-M TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECT NO.
08-5420, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF
CALIFORNIA FOR FUNDING FOR PRELIMINARY ENGINEERING TO EXPAND
PARKING AND LOADING PLATFORM AT THE CITY'S METROLINK STATION
LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND THE AT&SF
RECOMMENDATION:
It is hereby recommended that the City Council approve and execute the attached Resolution that authorizes the
execution of Program Supplement No. 002-M to administering Agency-State Agreement No. 08-5420 and a
certified copy of said Resolution along with the executed original copies of said program supplement be sent to
the State of Califomia for their execution.
BACKGROUND/ANALYSIS:
This Program Supplement provides the reimbursable funds for the preliminary engineering for the Metrolink
Station Expansion Phase It Project. The project work consists of increasing the number of parking stalls from
the existing 330 to nearly 1,000 and extending the south loading platform. The Supplement sets the State
reimbursable portion of the project at $25,808.00 and the Federal portion at $199,192.00. Reimbursable
funding from the Supplement Agreement shall be deposited to Account No. 151-3901-5205.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:KF:Is
Attachment
RESOLUTION
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AUTHORIZING THE EXECUTION AND
SIGNING OF PROGRAM SUPPLEMENT NO. 002-M TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL AID PROJECT NO. 08-5420, BETWEEN THE CITY
OF RANCHO CUCAMONGA AND THE STATE OF
CALIFORNIA FOR FUNDING FOR THE PRELIMINARY
ENGINEERING TO EXPAND PARKING AND LOADING
PLATFORM AT THE CITY'S METROLINK STATION
LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN
AVENUE AND THE AT & SF
WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as
"Local Agency") has for its consideration and execution Program Supplement No. 002-M to
administering Agency-State Agreement for Federal Aid Project No. 08-5420 authorizing
reimbursement of State Share Funds for Preliminary Engineering to expand parking and loading
platform at the City's Metrolink Station located at the southwest comer of Milliken Avenue and the
AT & SF.
WHEREAS, the State of California, Department of Transportation, District Office 8
(hereinafter referred to as "State") processes and-monitors State funded projects; and
WHEREAS, as a condition to reimbursement payment of State Share funds for said project,
the City shall approve and execute said Program Supplement No. 002-M.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, does hereby resolve to:
Authorize the Execution of Program Supplement No. 002-M to administering
Agency-State Agreement for Federal Aid Project No. 08-5420 for the reimbursement
of State Share Funds for preliminary engineering to expand parking and loading
platform at the City's Metrolink Station located at the southwest comer of Milliken
Avenue and the AT & SF.
To authorize the Mayor to sign said Supplement and direct the City Clerk to attach
a certified copy of this Resolution, as well as type in the Resolution Number and
Date in the blanks in the third block of said Supplement, and for the return of the
original copies of said Supplement to the State of California Department of
Transportation along with the certified copy of this Resolution.
RESOLUTION NO.
February 2, 2000
Page 2
BE IT FURTHER RESOLVED that the Local Agency shall also comply with the "Special
Covenants or Remarks" attached to said supplement including:
It is mutually understood between the parties that this contract may have been written
before ascertaining the availability of legislative appropriation of funds, for the
mutual benefit of both parties, in order to avoid program and fiscal delays that would
occur if the agreement was executed after that determination was made.
The total amount of State funds payable by the State shall not exceed $25,808.00 to be
encumbered and reimbursed as follows:
FY 99-00 $25,808.00
This agreement is valid and enforceable only if sufficient funds are made available by the
Califomia State Legislature.
Said reimbursable funds as received will be deposited into Account No. 151-3901-5205.
PASSED, APPROVED, and ADOPTED this 2nd day of February, 2000.
CHO
CUCAMONGA
ENCINI~EDINC D~IDA~TM~NT
Sg3gRe R
DATE:
TO:
FROM:
BY:
SUBJECT:
Febmary 2, 2000
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O'Neil, City Engineer
Linda R. Beek, Jr. Engineer
RELEASE THE FAITHFUL PERFORMANCE BOND, FOR IMPROVEMENTS FOR
TRACT 13303-1, SUBMITTED BY LEWIS DEVELOPMENT COMPANY,
LOCATED AT THE SOUTHWEST CORNER OF MOUNTAIN VIEW DRIVE AND
TERRA VISTA PARKWAY
RECOMMENDATION:
The required improvements for Tract 13303-1, ha~ae been completed in an acceptable manner, and it is
recommended that the City Council accept said improvements and authorize the City Clerk to release the
Faithful Performance Bond.
BACKGROUND/ANALYSIS:
As a condition of approval of completion of Tract 13303-1, located on the southwest comer of Mountain
View Drive and Tetra Vista Parkway, the applicant was required to complete street improvements. The
improvements have been completed and it is recommended that City Council release the existing Faithful
Performance Bond
Developer:
Lewis Development Company
P.O. Box 607
Upland, CA 91764
Release:
Faithful Performance Bond 1450515 $32,700.00
Respectfully submitted,
Willi~~7
City Engineer
WJO:LRB:Is
City 5'h-eet.~
CHO
CUCAMONGA
~NGIN~I~ING D~PA[~TM~NT
SlaffRel rt
DATE:
February 2, 2000
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM:
William J. O'Neil, City Engineer
BY:
SUBJECT:
Linda R. Beek, Jr. Engineer~
RELEASE THE FAITHFUL PERFORMANCE BONDS, FOR IMPROVEMENTS FOR
TRACT 13304, SUBMITTED BY LEWIS DEVELOPMENT COMPANY, LOCATED
ON THE NORTHEAST CORNER OF MOUNTAIN VIEW DRIVE AND TERRA
VISTA PARKWAY
RECOMMENDATION:
The required improvements for Tract 13304, have. been completed in an acceptable manner, and it is
recommended that the City Council accept said improvements and authorize the City Clerk to release the
Faithful Performance Bond
BACKGROUND/ANALYSIS:
As a condition of approval of completion of Tract 13304, located on the northeast comer of Mountain
View Drive and Tetra Vista Parkway, the applicant was required to complete street improvements. The
improvements have been completed and it is recommended that City Council release the existing Faithful
Performance Bonds.
Developer:
Lewis Development Company
P.O. Box 607
Upland, CA 91764
Release:
Faithful Performance Bond 2239925
Faithful Performance Bond 2239935
Faithful Performance Bond 223991S
$55,795.00
$42,130.00
$32,600.00
Respectfully submitted,
i ,' '
City Engineer
WJO:LRB:Is
0
r.
u
I
I
StaffRel rt
DATE:
February 2, 2000
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM:
BY:
William J. O'Neil, City Engineer
Linda R. Beek, Jr. Engineer~-~
SUBJECT:
RELEASE OF MAINTENANCE GUARANTEE BOND NO. 441394 IN THE AMOUNT
OF $17,985.00 AND MAINTENANCE GUARANTEE BOND NO. 441396 IN THE
AMOUNT OF $23,427.75, FOR TRACT 13565, LOCATED ON THE NORTHEAST
CORNER OF SAN SEVAINE AND WARDMAN BULLOCK
RECOMMENDATION:
It is recommended that the City Council authorize_the City Clerk to release Maintenance Guarantee Bonds
Number 441394 and 441396, for Tract 13565, located on the noaheast comer of San Sevaine and Wardman
Bullock.
BACKGROUND/ANALYSIS:
The required one-year maintenance period has ended and the street improvements remain free from
defects in materials and workmanship.
Developer:
Richmond American Homes, Inc.
17310 Redhill Avenue, Suite 320
Irvine, CA 92614
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:LRB:Is
Attachments
HILLSIDE
BANYAN
HILLSIDE
WILSON
TRACT 13565
eth
4lh
\
61h
SUMMIT/
VI:TORIA
FONTANA
THE CITY OF
RANCHO CUCAMONGA
EXHIBIT
ONTARIO
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCH{) CUCAMONGA
STAFF RE O T
February 2, 2000
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Rick Gomez, AICP, Community Development Director
Karen McGuire-Emery, Senior Park Planner
FORMATION OF CITYWIDE COMMUNITY FACILITIES DISTRICT FOR
THE FINANCING OF A PORTION OF CENTRAL PARK
RECOMMENDATION
It is recommended that the City Council:
Accept and file the following reports: "Central Park Project Initial Study," "California
Gnatcatcher Survey," and "Presence/Absence Trapping Studies for San Bernardino
Kangaroo Rat."
Conduct the cominued public hearing on the proposed establishment of City of
Rancho Cucamonga Community Facilities District No. 99-1 (Central Park) and the
proposed debt issue.
Adopt the following Resolution: "A Resolution of the City Council of the City of
Rancho Cucamonga Making Findings Required by the California Environmental
Quality Act, Adopting a Mitigated Negative Declaration, Adopting a Mitigation
Monitoring Program, and Ordering the Filing of a Notice of Determination in
Connection with the Establishment of Community Facilities District No. 99-1 (Central
Park), Other Related Actions and the Construction and Operation of Central Park."
Adopt the following Resolution: "A Resolution of the City Council of the City of
Rancho Cucamonga Establishing Community Facilities District No. 99-1 (Central
Park), Establishing an Appropriations Limit, Authorizing the Levy of a Special Tax
within the District and Calling a Special Election."
Adopt the following Resolution: "A Resolution of the City Council of the City of
Rancho Cucamonga Declaring the Necessity to Incur a Bonded Indebtedness,
Ordering Submitted to the Qualified Electors of City of Rancho Cucamonga
Community Facilities District No. 99-1 (Central Park) a Proposition Relating to the
District, Giving Notice of a Special Election and Establishing Procedures for
Conducting the Election."
k
CITY COUNCIL STAFF REPORT
FORMATION OF CFD - CENTRAL PARK
February 2, 2000
Page 2
BACKGROUND
In 1997, the City Council reestablished the Central Park Task Force to review and validate the
existing Master Plan for Central Park, which was approved in 1987. Over the course of a series of
public meetings, the Task Force discussed design options, related costs and potential funding sources.
In addition, a survey was conducted to determine public opinion regarding the existing Master Plan
design options/phasing, and related assessment costs. Based on the survey results the Task Force
recommended to City Council that the park be developed in phases with more expensive features to
be added at a later date. They also recommended that an election be conducted allowing residents
the opportunity to decide if they would be willing to pay a special tax to build and maintain the
desired improvements in Central Park under a Community Facilities District, which would require
approval of two-thirds of the registered voters voting on the matter. Property owners city-wide
would pay an annual special tax of $129 per parcel for 20 years. Based on the survey and the Task
Force recommendations, the first phase would include 30 acres of open space with picnic and play
areas and lakes, walking/jogging trails, outdoor entertainment areas, an aquatic center with family
recreational and competitive swimming pools, a tennis complex with recreational and tournament
courts and a off-leash dog area. A more detailed description of the improvements is included as
Exhibit A of the attached resolution establishing the Community Facilities District No 99-1 (Central
Park).
The City Council adopted Resolution No. 99-164, which declared the City Council's intent to
establish City ofRancho Cucamonga Community Facilities District No. 99-1 (Central Park) and set
a public hearing for September 1, 1999 on the proposed formation of the District.
The City Council also adopted Resolution No. 99-165, which also declared the City Council's
intention to issue bonds in an aggregate principal amount of not to exceed $30 million and set a
public hearing for September 1, 1999 on the proposed issuance of bonds.
On September 1, 1999, the City Council opened the public hearings and continued them to February
2, 2000, finding that the complexity of the District and the need for public participation required
additional time.
Pursuant to Resolution No. 99-164, a report was filed with the City Clerk which contains a
description of the public facilities and services proposed to be financed through the levy of a special
tax within the District and an estimate of the cost of providing those facilities and services, including
incidental expenses. The report is on file in the office of the City Clerk and has been open to public
review.
CITY COUNCIL STAFF REPORT
FORMATION OF CFD - CENTRAL PARK
February 2, 2000
Page 3
ANALYSIS
Pursuant to the California Environmental Quality Act CCEQA') and the City's Local CEQA
Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the
proposed formation of Community Facilities District No. 99-1, the calling of an election for a special
tax to fund development of Central Park, taking other actions to implement the District and the
eventual construction and operation of Central Park, all of which actions are referred to herein as (the
"project.") A more complete description of the project is contained in the Initial Study and is
incorporated herein by reference.
Based upon the findings contained in the Initial Study, including the imposition of mitigation
measures, City staff determined that there was no substantial evidence that the project could have a
significant effect on the environment. Based on that Study, a Mitigated Negative Declaration has
been prepared. In addition, aMitigationMonitoringprogramfortheMitigatedNegativeDeclaration
that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6.
Recognizing the two Federally protected endangered species, the San Beruardino Kangaroo Rat
(Dipodomys merriami panms) and the California Gnatcatcher (Polioptila californica), biologists have
conducted the required protocol surveys. These studies have indicated no significant findings for
both species. The conclusions of those surveys have been recorded in the following reports: "Central
Park Project Initial Study," "California Gnatcatcher Survey," and "Presence/Absence Trapping
Studies for San Beruardino Kangaroo Rat." These reports are filed with the City Clerk and available
for public review.
City staff has provided public notice of the public comment period and of the City' s intent to adopt
the Mitigated Negative Declaration by a statutory notice published at least 20 days prior to the
heating on this matter.
The Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other
materials which constitute the record of proceeding upon which the City Council' s decision will be
available for public review in the City Clerk' s Office.
Prior to acting on the Resolutions to establish the Community Facilities District, the City Council
should review the Mitigated Negative Declaration and the Mitigation Monitoring Report and adopt
the attached Resolution approving those documents. Upon approval of the Mitigated Negative
Declaration, the City Clerk will file a Notice of Determination with the County Clerk and commence
a thirty-day statute of limitations period to challenge the City' s determinations made pursuant to the
CEQA.
CITY COUNCIL STAFF REPORT
FORMATION OF CFD - CENTRAL PARK
February 2, 2000
Page 4
If 50 percent or more of the registered voters residing within the proposed District or the owners of
one-half or more of the area of the land in the proposed District and not exempt from the special tax
file (and do not withdraw) written protests against the establishment of the District, no further
proceedings to establish the District or to levy the special tax may be taken for a period of one year.
In the absence of a majority protest, the City Council may determine to establish the District.
The levy of the special tax and the proposed debt issue must then be submitted to the registered
voters of the District for approval. It is proposed that the City Council will hold a special election
on May 9, 2000. The City Council may levy the special tax and issue bonds if more than two-thirds
of the votes cast are in favor of levying the special tax and issuing bonds.
The second resolution establishes the District. This resolution, among other things, states that there
has not been a majority protest, describes the boundaries of the District, identifies the facilities and
services to be financed, authorizes the levy of a special tax and calls a special election for May 9,
2000.
The third resolution states the necessity to issue bonds, states the purpose of the bonds, the amount
of bonds to be issued and the terms of the bonds, and orders a special election on May 9, 2000 to
consider the combined proposition regarding the levy of the special tax, the establishment of an
appropriations limit and the issuance of bonds.
Kizl
Cor
Attachments
D:~c~mcguireXeentparkXeouncilrelY~rtsXpubhearstaff2*00
RESOLUTION NO. 00-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ESTABLISHING CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1
(CENTRAL PARK), ESTABLISHING AN APPROPRIATIONS
LIMIT, AUTHORIZiNG THE LEVY OF A SPECIAL TAX
WITHiN SUCH DISTRICT, AND CALLiNG A SPECIAL
ELECTION
RECITALS:
WHEREAS, the CITY COUNCIL (the "City Council") of the City of RANCHO
CUCAMONGA, CALIFORNIA (the "City"), has previously adopted Resolution No. 99-164 staling
its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended, commencing with Section 53311 of the Califomia Government Code (the
"Act") to finance certain public facilities and services; and
WHEREAS, a copy of Resolution No. 99-164 setting forth a description of the
proposed boundaries of the District, the facilities and services to be fmanced by the District and the
rate and method of apportionment of the special tax proposed to be levied within the District is on
file in the office of the City Clerk of the City and is incorporated herein by reference; and
WHEREAS, the City Council has previously adopted Resolution No. 99-165 stating
the City Council's intention, acting as the legislative body of the District, to authorize the issuance
and sale of bonds to finance the cost of designing and constructing such public facilities; and
WHEREAS, Resolution Nos. 99-164 and 99-165 set September 1, 1999 as the date
of a public heating on the establishment of the District, the furnishing of specified types of public
facilities and services within the District, the proposed rate and method of apportionment of the
special tax, and the proposed debt issue; and
WHEREAS, on September 1, 1999, the City Council opened the public hearings and
continued them until February 2, 2000, finding that the complexity of the District and the need for
public participation required additional time; and
WHEREAS, at the public hearing there was filed with the City Council a report (the
"Report") containing a description of the facilities and services necessary to adequately meet the
needs of the District and an estimate of the cost of financing such facilities and services as required
by Section 53321.5 of the Act; and
WHEREAS, at the public heating all persons desiring to be heard on all matters
pertaining to the establishment of the District, the furnishing of specified types of public facilities
000120 11231-00050 rdw 1102343 0
and services within the District, the proposed rate and method of apportionment of the special tax,
and the proposed debt issue were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it and the City Council at the conclusion of the heating is fully advised as to all
matters relating to the formation of the District, the levy of the special tax and the issuance of bonded
indebtedness therein; and
WHEREAS, the City Council desires to proceed with the establishment of the
District and to proceed to make the necessary findings to incur the bonded indebtedness; and
WHEREAS, the City Council desires to hold a special election in the District at
which time there will be submitted to the qualified electors of the District certain propositions
relating to the authorization to levy a special tax, the establishment of an appropriations limit for the
District, and the incurring of a bonded indebtedness to pay for certain facilities to serve the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Finding of Validity. Pursuant to Section 53325.1Co) of the Act, the City
Council finds and determines that all of the proceedings prior hereto were valid and taken in
conformity with the requirements of the law, and specifically the provisions of the Act.
Section 2. Name of District. The City Council hereby establishes and declares the
formation of a community facilities district pursuant to the Act to be designated "City of Rancho
Cucamonga Community Facilities District No. 99-1 (Central Park)" ("the District").
Section 3. Boundaries of District. The description and map of the boundaries of the
District on file in the City Clerk's office and as described in said Resolution No. 99-164 and
incorporated herein by reference, shall be the boundaries of the District. The map of the proposed
boundaries of the District has been recorded in the Office of the County Recorder of the County of
San Bemardino, Califomia at Page 66 of Book 72 of Maps of Assessments and Community
Facilities Districts as Document No. 19990327417.
Section 4. Fac'~ities and Services. The facilities and services proposed to be financed
by the District under the Act shall consist of those facilities and services set forth on Exhibit "A,"
attached hereto and incorporated herein by reference (the "Facilities and Services"). "The City
Council hereby approves a technical modification to Exhibit "A," as such exhibit
was adopted by Resolution No. 99-164. Such change does not modify the proposed
facilities and services, but merely adds detail to the general description of the
proposed park facility."
Section 5. No Majority Protest. Written protests against the establishment of the
District, or against the furnishing of a specified type or types of services or facilities within the
District, or against the levying of a specified special tax within the District, have not been filed by
fifty percent (50%) or more of the registered voters residing within the territory proposed to be
included in the District or by the owners of one-half (1/2) or more of the area of the land in the
territory proposed to be included in the District and not exempt from the special tax. The City
Council finds and declares that the proposed special tax to be levied in the District has not been
precluded by majority protest pursuant to Section 53324 of the Act.
Section 6. Special Tax. Except where funds are otherwise available, a special tax
(the "Special Tax"), is hereby authorized, subject to voter approval, to be levied annually within the
boundaries of the District sufficient to pay for the Facilities and Services, including principal of and
interest on the bonds proposed to be issued to finance the Facilities and other periodic costs,
including establishment and replenishment of reserve funds, remarketing, credit enhancement and
liqaidity and activity fees, and all costs of issuance of the bonds, including, but not limited to, fees
for bond counsel, disclosure counsel and printing costs, discount fees, and interest on bonds due and
payable prior to the expiration of one year from the date of completion of the Facilities (but not to
exceed two years); the costs of administering the levy and collection of the Special Tax and bond
issue; and all other costs of the levy of the Special Tax, including any foreclosure proceedings,
architectural, engineering, inspection, and legal, fiscal, and financial consultant fees and election
costs.
The Special Tax will be collected in the same manner as ordinary ad valomm
property taxes and shall be subject to the same penalties, procedure, sale and lien in any case of
delinquency as applicable for ad valorem property taxes. In the first year in which such a Special
Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any,
transferred to the District pursuant to Section 53314 of the Act and interest thereon.
The proposed rate and method of apportionment of the Special Tax among parcels
of real property in the District, in sufficient detail to allow each resident or landowner within the
proposed District to estimate the maximum amount such resident or owner will have to pay, are
shown in Exhibit "B", attached hereto and incorporated heroin by reference. The City Council
hereby approves a number of technical modifications to Exhibit "B,~ as such exhibit was adopted
by Resolution No. 99-164. Such changes do not affect the rate or method of apportionment of the
Special Tax, but merely clarify the definitions used in the Exhibit. The Special Tax is based upon
the cost of making the Facilities and Services available to each parcel in the District. The Special
Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and
such Special Tax is not on or based upon the ownership of reai property.
In the case of any Special Tax to pay for the Facilities to be levied against any parcel
used for private residential purposes: (i) the maximum Special Tax shall be specified as a dollar
amount which shall be calculated and thereby established not later than the date on which the parcel
is first subject to the tax becanse of its use for private residential purposes and which amount shall
not be increased over time over two percent per year; (ii) the tax year after which no further Special
Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibit "B" hemto;
and (iii) under no circumstances will the Special Tax levied against any parcel subject to this
sentence be increased as a consequence of delinquency or default by the owner of any other parcel
within the District by more than 10 percent. For the purposes hereof, a parcel is used for "private
residential purposes" not later than the date on which an occupancy permit for private residential use
is issued.
Subject to the limitations set forth in the previous paragraph, in the event that a
portion of the property within the District shall become exempt for any reason, wholly or partially,
from the levy of the Special Tax, or delinquent in payment of the Special Tax, the City Council shall,
on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum
Special Tax for a parcel as set forth in Exhibit "B" to the extent necessary upon the remaining
property within the District which is not delinquent or exempt in order to yield the Special Tax
revenues required for the purposes described herein.
Section 7. Notice of Special Tax Lien. Upon recordation of a notice of special tax
lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each
levy of the Special Tax shall attach to all nonexempt real property in the District, and this lien shall
continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and
lien canceled in accordance with law or until collection of the Special Tax by the City Council
ceases.
Section 8. Appropriations Limit. An appropriations limit for the District is hereby
established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax
collected annually and as defined by Article XIIIB of the California Constitution, as adjusted for
changes in the cost of living and changes in population.
Section 9. Agricultural, Timber or Livestock Uses. The City Council hereby finds
and declares that lands within the District, if any, being devoted primarily to agricultural, timber or
livestock uses and being used for the commercial production of agricultural, timber or livestock
products is contiguous to other land which is included within the District and that such lands will
be benefitted by the Facilities and Services to be provided within the District.
Section 10. Preparation of Annual Roll. The Special District Supervisor of the
Special District Division of the City of Rancho Cucumonga, P.O. Box 807, Rancho Cucamonga,
Califomia 91729, telephone (909) 477-2700, is designated to be responsible for preparing annually,
or authorizing a designee to prepare, a current roll of Special Tax levy obligations by assessor's
parcel number and for estimating future Special Tax levies pursuant to Section 53340.1 of the Act.
Section 11. Report. The Report is hereby approved and is made a part of the record
of the public heating regarding the formation of the District and is ordered to be kept on file in the
office of the City Clerk and open for public inspection.
Section 12. Election. The City Council herewith submits the establishment of the
appropriations limit for the District and the levy of the Special Tax to the qualified electors of the
District, such electors being the registered voters residing within the District, with each voter having
one vote. There is hereby called and ordered to be held in the District on May 9, 2000, a special
election for the purpose of submitting such propositions to the voters. The City Council hereby
further directs that the ballot proposition relating to the levy of the Special Tax, the proposition
relating to the establishment of the appropriations limit and the proposition relating to the incurring
of a bonded indebtedness be combined into one ballot proposition.
Section 13. Transmittal to Election Official. The City Clerk is hereby authorized and
directed, within three business days following adoption of this Resolution, to transmit to the Election
Official a certified copy of this Resolution and a certified copy of the boundary map described in
Section 3 hereof and a sufficient description to allow the Election Official to determine the
boundaries of the District.
PASSED, APPROVED AND ADOPTED this 2nd day of February, 2000.
ATTEST:
Mayor
City Clerk
D:Xkmcguire\centpark\councilreport\ccres2-2-00(mod)
EXHIBIT "A"
DESCRIPTION OF FACILITIES AND SERVICES
The facilities and services described below are proposed to be financed by City of Rancho
Cucamonga Community Facilities Distdct No. 99-1 (Central Park) (the "District"). The facilities and
services shall include the attributable costs of engineering, design, planning and coordination,
together with the expenses related to the issuance and sale of any special tax bonds, including
underwriter's discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax
consultant, bond and official statement printing and all other expenses incidental thereto. The
facilities will be constructed pursuant to plans and specifications approved by the City and the
officials thereof.
Facilities
The facilities include the purchase, construction, expansion, improvement or rehabilitation of certain
real or other tangible property described below, to serve the area located within the District,
including all furnishings, equipment and supplies related thereto (collectively, the "Facilities"),
which Facilities have a userid life of five years or longer and which the City Council is authorized
by law to contribute revenue to or construct, own or operate:
A general description of the improvements is as follows:
The park includes lakes, arboretum, group picnic areas, entertainment
pavilion, trails, an off-leash dog area, and play areas.
The aquatic complex features oppommities for family recreational and
competitive swimming, including pools with spectator seating, changing
facilities and shaded picnic areas, as well as offices for personnel and
storage facilities for pool and maintenance equipment.
The tennis complex provides an oppommity to play tennis, take lessons,
watch toumaments and exhibitions and includes lighted tennis courts,
training alleys, a center court with terraced seating and an area for
temporary grandstands, racquetball courts, a pro shop with offices and
repair shop, and a courtyard for concession sites.
The grounds maintenance facility will also be included to provide a
location for equipment storage, offices and work areas for maintenance
personnel.
Finally, if funding allows, the gymnasium will include court facilities,
lockers and showers, areas for concessions, as well as, offices for
personnel and storage for maintenance equipment.
Services
The services include recreation program services and maintenance of parks, parkways and open
space (collectively, the "Services"). Also included are services with respect to removal or remedial
action for the cleanup of baTardous substances, if any, released or threatened to be released into the
environment, provided that a remedial action plan, if required, has been approved. The cost of the
Services shall include the performance by employees of all functions, including operation,
maintenance and repair activities.
EXHIBIT "B"
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each assessor's parcel or portion thereof in CFD No. 99-1 shall be levied
and collected according to the tax liability determined by the Governing Board, through the
application of the rate and method of apportionment of the Special Tax set forth below. All of the
property in CFD No. 99-1, unless exempted by law or by the provisions of this Rate and Method of
Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided.
I. DEFINITIONS
"Act"
means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the
State of California.
"Administrative Fees or Expenses" means the following actual or reasonably
estimated costs: the costs of computing the Special Taxes and preparing the
annual Special Tax Collection Schedule (whether by the City, a dcsignec
thereof or both); the costs of collecting the Special Taxes (whether by the
County or otherwise); the costs of remitting the Special Taxes to the Fiscal
Agent; the costs of the Fiscal Agent (including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the
costs to the City, CFD No. 99-1 or any designee of either thereof of
complying with arbitrage rebate requirements; the costs of the City, CFD No.
99-1 or any designee or either thereof of complying with City, CFD No. 99-1
or obligated persons disclosure requirements; the costs associated with
preparing Special Tax disclosure statements and responding to public
inquiries regarding the Special Taxes; the costs of the City, CFD No. 99-1 or
any designee of either thereof related to an appeal of the Special Tax; and the
City's annual administration fee and third party expenses. Administrative
Fees or Expenses shall also include amounts estimated or advanced by the
City or CFD No. 99-1 for any other administrative purposes of CFD No. 99-
1, including attorney's fees and other costs related to commencing and
pursuing to completion any foreclosure of delinquent Special Taxes.
"Annual Costs" for any Fiscal Year, equals the sum of (i) amounts required to pay
for the Facilities and related Incidental Expenses, (ii) Debt Service for such
Fiscal Year; (iii) Related Administrative Fees or Expenses for such Fiscal
Year; (iv) the amount, if any, necessary to replenish the Reserve Fund for the
Bonds, plus an amount equal to delinquencies in the payment of Special Tax
levied in the previous Fiscal Year [subject to the limitations of Government
Code Section 53321(d)]; and (iv) any other payment required under the Fiscal
Agent Agreement and any supplement or amendment thereto for such Fiscal
Year.
"Bond Fund" means the fund of that name created under the Fiscal Agent
Agreement.
"Bonds" means the City of Rancho Cucamonga Community Facilities District
No. 99-1 (Central Park) Special Tax Bonds.
"CFD No. 99-1" means the City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park).
"City" means the City of Rancho Cucamonga, California.
"County" means the County of San Bemardino, California.
"Debt Service" for each Fiscal Year, means the total annual principal and interest
payable on the Bonds during the calendar year commencing on January 1 of
such Fiscal Year, less investment eamings on the Reserve Fund not required
to be set aside pursuant to the Fiscal Agent Agreement for purposes of rebate
pursuant to the Internal Revenue Code of 1986, and less any capitalized
interest and any other amounts remaining in the Bond Fund held under the
Fiscal Agent Agreement from the previous Fiscal Year.
"Facilities" means the purchase, construction, expansion, improvement or
rehabilitation of certain real or other tangible property described below, to
serve the area located within the District, including all furnishings, equipment
and supplies related thereto, which facilities have a useful life of five years
or longer and which the City Council of the City is authorized by law to
contribute revenue to or construct, own or operate. Facilities include a park,
including lakes, an arboretum, group picnic areas, entertainment pavilions,
trails and play areas; an aquatic complex, including pools with spectator
seating, changing facilities and shaded picnic areas, as well as offices for
personnel and storage facilities for pool and maintenance equipment; a tennis
complex, including lighted termis courts, training alleys, a center court with
terraced seating and an area for temporary grandstands, racquetball courts, a
pm shop with offices and a repair shop, a courtyard for concession sites, and
an off-leash dog area; a grounds maintenance facility, including a location
for equipment storage, offices, and work areas for maintenance personnel;
and, if funding allows, a gymnasium, including court facilities, lockers and
showers, areas for concessions, offices for personnel and storage for
maintenance equipment.
"Finance Director" means the Finance Director of the City or his or her designee.
uFiscal Agent" means the fiscal agent or trustee under the Fiscal Agent
Agreement.
"Fiscal Agent Agreement" means any agreement by and between the City and the
Fiscal Agent approved pursuant to the Resolution of Issuance.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"Governing Board" means the City Council of the City acting as the legislative
body for CFD No. 99-1.
"Incidental Expenses" means the attributable costs of engineering, design,
planning and coordination, together with the expenses related to the issuance
and sale of any special tax bonds, including nnderw~ter's discount,
appraisals, reserve fund, capitalized interest, bond counsel, special tax
consultant, bond and official statement printing and all other expenses
' incidental thereto.
"Maximum SpeeialTax"means the maximum Special Tax, determined in
accordance with Section III below, that can be levied in any Fiscal Year on
any Parcel.
"Original Parcel" means a Parcel as it existed at the time of the adoption of the
Resolution of Formation by the City Council of the City and as described in
the map of Proposed Boundaries for CFD No. 99-1 and by this reference
made a part hereof.
"Parcel" means any County of San Bemardino assessor's parcel that is within the
boundaries of CFD No. 99-1, based on the equalized tax rolls of the County
of San Bemardino as of January I in the prior Fiscal Year and includes
Original Parcels and Successor Parcels.
"Proportionally" means for each Taxable Parcel that the ratio of the actual Special
Tax levy to the Maximum Special Tax is equal for all Taxable Parcels within
CFD No. 99-1.
uReserve Fund means the fund of that name created under the Fiscal Agent
Agreement.
"Resolution of Formation" means the resolution of the City Council of the City
adopted under the Act to establish CFD No. 99-1.
"Resolution of Issuance"means the resolution of the City Council of the City
adopted under the Act authorizing the issuance of Bonds by CFD No. 99-1.
"Services" means the costs of recreation program services; the costs of maintenance
of parks (including and aquatic complex, a tennis complex, and a
gymnasium), parkways and open space, including the performance by
employees of all functions, including operation, maintenance and repair
activities; and related Incidental Expenses and Administrative Fees or
Expenses. Also included are services with respect to removal or remedial
action for the clean up of haTardoas substances, if any, released or threatened
to be released into the environment, provided that a remedial action plan, if
required, has been approved.
uSpeeial Tax" means any tax levied within CFD No. 99-1 pursuant to the Act and
this Rate and Method of Apportionment of Special Tax.
"Special Tax Collection Schedule" means the document prepared by the Finance
Director and sent to the County Auditor for use in collecting the Special Tax
each Fiscal Year.
"Special Tax Requirement" means, for any Fiscal Year, the sum of, listed by
priority, (i) Annual Costs and (ii) Services.
~Sueeessor Parcel" means a Parcel created by subdivision, lot line adjustment or
parcel map from an Original Parcel.
"Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel.
"Tax-Exempt Parcel" means, as of January 1st of each year, (i) any parcel owned
by a govemmental entity, or irrevocably offered for dedication to a
governmental entity, (ii) any Parcel which constitutes public right-of-way or
which is encumbered by an unmanned utility easement, making impractical
its utilization for other than the purpose set forth in the easement, or (iii) any
Parcel assigned a zero value by the San Bemardino County Assessor.
Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public
entity after the adoption of the Resolution of Formation by means of
negotiated transaction, or by gift or devise, or by eminent domain
proceedings, shall remain a Taxable Parcel, and (ii) if a public agency owning
a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any
beneficiary, grants a leasehold or other possessory interest in the parcel to a
non-exempt person or entity, the Special Tax shall be levied on the leasehold
or possessory interest and shall be payable by the owner of the leasehold or
possessory interest.
II. CLASSIFICATION OF PARCELS
At the beginning of each Fiscal Year, using the definitions above, the Governing Board shall cause
each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel.
Ill. MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for each Taxable Parcel shall equal $129.00.
IV. APPORTIONMENT OF SPECIAL TAX
Commencing with the first Fiscal Year for which the Special Tax is levied and for each following
Fiscal Year, the Governing Board shall determine the Special Tax Requirement and levy the
Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The
Special Taxes shall be levied each Fiscal Year as follows:
(1) The Special Tax shall be levied on each Taxable Parcel in an amount equal
to 100% of the applicable Maximum Special Tax; or,
(2) If less monies are needed to satisfy the Special Tax Requirement, the Special
Tax shall be levied Proportionally on each Taxable Parcel at less than 100%
of the Maximam Special Tax; provided that, the Governing Board may levy
an amount in excess of the Special Tax Requirement if all authorized CFD
No. 99-1 Bonds have not already been issued.
V. MANNER OF COLLECTION
Collection of the Special Tax shall be by the County of San Bemardino in the same manner as
ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the City may provide in the Fiscal Agent Agreement or in the Resolution of Issuance
for (i) other means of collecting the Special Tax, including direct billings thereof to the property
owners and (ii)judicial foreclosure of delinquent Special Taxes.
VI. TERM OF "SPECIAL TAX"
The Special Tax shall be collected only so long as required to pay the Annual Costs and/or the
Services. No Special Tax to pay for Annual Costs shall be levied or collected after the 2035-2036
fiscal year. The Special Tax to pay for Services may continue to be levied and collected so long as
required to pay for Services.
VII. REVIEW/APPEAL COMMITTEE
The Governing Board shall establish as part of the proceedings and administration of CFD No. 99-1
a Special 3-member Review/Appeal Committee. Any landowner or resident who feels that the
amount of the Special Tax levied on their Taxable Parcel is ih error may file a notice with the
Review/Appeal Committee appealing the amount of the Special Tax levied on such Parcel. The
Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any landowner or resident
appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and
binding on all persons.
VIII. TENDER OF BONDS
The City Council, as the Governing Board, reserves to itself the fight and authority to allow any
interested owner of property with CFD No. 99-1, subject to the provisions of Section 53344.1 of the
Act and to those ~onditions it may impose, and any applicable prepayment penalties as prescribed
in the Fiscal Agent Agreement or comparable instrument or document, to tender to the CFD No. 99-
1 treasurer in full payment or part payment of any installment of the Special Taxes or the interest or
penalties thereon which may be due or delinquent, but for which a bill has been received, any Bond
or other obligation secured thereby, the Bond or other obligation to be taken at par and credit to be
given for the accrued interest shown thereby computed to the date of tender. The CFD No. 99-1
treasurer shall thereupon cancel the Bond debt and shall cause proper credit therefor to be entered
on the records of CFD No. 99-1 and in the office of the auditor and tax collector.
In addition, provided the City Council, as the Governing Board, permits Bonds or debt to be
tendered for Special Taxes and the penalties and interest thereon, if the highest bid for a lot or Parcel
sold pursuant to a judgment of foreclosure and order of sale exceeds five thousand dollars ($5,000)
and the highest bidder elects to treat the sale as a credit transaction pursuant to Section 701.590 (c)
of the Code of Civil Procedure, the balance due as provided in that Section may be paid in full or
in part by tender of Bonds or debt, provided, however, that Bonds or debt may not be tendered for
costs of foreclosure, including attoruey's fees and administraf~ve charges incurred by the City with
respect to removing the Special Taxes from the rolls of the treasurer or tax collector, or other
administrative charges.
RESOLUTION NO. 00- / {,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ESTABLISHING CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1
(CENTRAL PARK), ESTABLISHING AN APPROPRIATIONS
LIMIT, AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN SUCH DISTRICT, AND CALLING A SPECIAL
ELECTION
RECITALS:
WHEREAS, the CITY COUNCIL (the "City Council") of the City of RANCHO
CUCAMONG& CALIFORNIA (the "City"), has previously adopted Resolution No. 99-164 stating
its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the
"Act") to finance certain public facilities and services; and
WHEREAS, a copy of Resolution No. 99-164 setting forth a description of the
proposed boundaries of the District, the facilities and services to be financed by the District and the
rate and method of apportionment of the special tax proposed to be levied within the District is on
file in the office of the City Clerk of the City and is incorporated herein by reference; and
WHEREAS, the City Council has previously adopted Resolution No. 99-165 stating
the City Council's intention, acting as the legislative body of the District, to authorize the issuance
and sale of bonds to finance the cost of designing and constructing such public facilities; and
WHEREAS, Resolution Nos. 99-164 and 99-165 set September 1, 1999 as the date
of a public hearing on the establishment of the District, the furnishing of specified types of public
facilities and services within the District, the proposed rate and method of apportionment of the
special tax, and the proposed debt issue; and
WHEREAS, on September 1, 1999, the City Council opened the public hearings and
continued them until February 2, 2000, timing that the complexity of the District and the need for
public participation required additional time; and
WHEREAS, at the public hearing there was filed with the City Council a report (the
"Report") containing a description of the facilities and services necessary to adequately meet the
needs of the District and an estimate of the cost of financing such facilities and services as required
by Section 53321.5 of the Act; and
WHEREAS, at the public heating all persons desiring to be heard on all matters
pertaining to the establishment of the District, the furnishing of specified types of public facilities and
services within the District, the proposed rate and method of apportionment of the special tax, and
the proposed debt issue were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters
relating to the formation of the District, the levy of the special tax and the issuance of bonded
indebtedness therein; and
WHEREAS, the City Council desires to proceed with the establishment of the District
and to proceed to make the necessary findings to incur the bonded indebtedness; and
WHEREAS, the City Council desires to hold a special election in the District at which
time there will be submitted to the qualified electors of the District certain propositions relating to
the authorization to levy a special tax, the establishment of an appropriations limit for the District,
and the incurring of a bonded indebtedness to pay for certain facilities to serve the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findine of Validity. Pursuant to Section 53325.1(b) of the Act, the City
Council finds and determines that all of the proceedings prior hereto were valid and taken in
conformity with the requirements of the law, and specifically the provisions of the Act.
Section 2. Name of District. The City Council hereby establishes and declares the
formation of a community facilities district pursuant to the Act to be designated "City of Rancho
Cucamonga Community Facilities District No. 99-1 (Central Park)" ("the District").
Section 3. Boundaries of District. The description and map of the boundaries of the
District on file in the City Clerk's office and as described in said Resolution No. 99-164 and
incorporated herein by reference, shall be the boundaries of the District. The map of the proposed
boundaries of the District has been recorded in the Office of the County Recorder of the County of
San Bemardino, Califomia at Page 66 of Book 72 of Maps of Assessments and Community Facilities
Districts as Document No. 19990327417.
Section 4. Facilities and Services. The facilities and services proposed to be financed
by the District under the Act shall consist of those facilities and services set forth on Exhibit "A,"
attached hereto and incorporated herein by reference (the "Facilities and Services").
Section 5. No Majority Protest. Written protests against the establishment of the
District, or against the furnishing of a specified type or types of services or facilities within the
District, or against the levying of a specified special tax within the District, have not been filed by fifty
percent (50%) or more of the registered voters residing within the territory proposed to be included
in the District or by the owners of one-half (1/2) or more of the area of the land in the territory
proposed to be included in the District and not exempt from the special tax. The City Council finds
and declares that the proposed special tax to be levied in the District has not been precluded by
majority protest pursuant to Section 53324 of the Act.
Section 6. Special Tax. Except where funds are otherwise available, a special tax (the
"Special Tax"), is hereby authorized, subject to voter approval, to be levied annually within the
boundaries of the District sufficient to pay for the Facilities and Services, including principal of and
interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, including
establishment and replenishment of reserve funds, remarketing, credit enhancement and liquidity and
activity fees, and all costs of issuance of the bonds, including, but not limited to, fees for bond
counsel, disclosure counsel and printing costs, discount fees, and interest on bonds due and payable
prior to the expiration of one year from the date of completion of the Facilities (but not to exceed two
years); the costs of administering the levy and collection of the Special Tax and bond issue; and all
other costs of the levy of the Special Tax, including any foreclosure proceedings, architectural,
engineering, inspection, and legal, fiscal, and financial consultant fees and election costs.
The Special Tax will be collected in the same manner as ordinary ad valorem property
taxes and shall be subject to the same penalties, procedure, sale and lien in any case of delinquency
as applicable for ad valorera property taxes. In the first year in which such a Special Tax is levied,
the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the
District pursuant to Section 53314 of the Act and interest thereon.
The proposed rate and method of apportionment of the Special Tax among parcels
of real property in the District, in sufficient detail to allow each resident or landowner within the
proposed District to estimate the maximum amount such resident or owner will have to pay, are
shown in Exhibit "B ", attached hereto and incorporated herein by reference. The City Council hereby
approves a number of technical modifications to Exhibit "B," as such exhibit was adopted by
Resolution No. 99-164. Such changes do not affect the rate or method of apportionment of the
Special Tax, but merely clarify the definitions used in the Exhibit. The Special Tax is based upon the
cost of making the Facilities and Services available to each parcel in the District. The Special Tax
is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such
Special Tax is not on or based upon the ownership of real property.
In the case of any Special Tax to pay for the Facilities to be levied against any parcel
used for private residential purposes: (i) the maximum Special Tax shall be specified as a dollar
amount which shall be calculated and thereby established not later than the date on which the parcel
is first subject to the tax because of its use for private residential purposes and which amount shall
not be increased over time over two percent per year; (ii) the tax year after which no further Special
Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibit "B" hereto; and
(iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be
increased as a consequence of delinquency or default by the owner of any other parcel within the
District by more than 10 percent. For the purposes hereof, a parcel is used for "private residential
purposes" not later than the date on which an occupancy permit for private residential use is issued.
Subject to the limitations set forth in the previous paragraph, in the event that a
portion of the property within the District shall become exempt for any reason, wholly or partially,
from the levy of the Special Tax, or delinquent in payment of the Special Tax, the City Council shall,
on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum
Special Tax for a parcel as set forth in Exhibit "B" to the extent necessary upon the remaining
property within the District which is not delinquent or exempt in order to yield the Special Tax
revenues required for the purposes described herein.
Section 7. Notice of Special Tax Lien. Upon recordation of a notice of special tax
lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each
levy of the Special Tax shall attach to all nonexempt real property in the District, and this lien shall
continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and
lien canceled in accordance with law or until collection of the Special Tax by the City Council ceases.
Section 8. Appropriations Limit. An appropriations limit for the District is hereby
established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax
collected annually and as defined by Article XIIIB of the California Constitution, as adjusted for
changes in the cost of living and changes in population.
Section 9. Agricultural~ Timber or Livestock Uses. The City Council hereby finds
and declares that lands within the District, if any, being devoted primarily to agricultural, timber or
livestock uses and being used for the commercial production of agricultural, timber or livestock
products is contiguous to other land which is included within the District and that such lands will be
benefitted by the Facilities and Services to be provided within the District.
Section 10. preparation of Annual Roll. The Special District Supervisor ofthe Special
District Division of the City ofRancho Cucamonga, P.O. Box 807, Rancho Cucamonga, California
91729, telephone (909) 477-2700, is designated to be responsible for preparing annually, or
authorizing a designee to prepare, a current roll of Special Tax levy obligations by assessor' s parcel
number and for estimating future Special Tax levies pursuant to Section 53340.1 of the Act.
Section 11. Report. The Report is hereby approved and is made a part of the record
of the public heating regarding the formation of the District and is ordered to be kept on file in the
office of the City Clerk and open for public inspection.
Section 12. Election. The City Council herewith submits the establishment of the
appropriations limit for the District and the levy of the Special Tax to the qualified electors of the
District, such electors being the registered voters residing within the District, with each voter having
one vote. There is hereby called and ordered to be held in the District on May 9, 2000, a special
election for the purpose of submitting such propositions to the voters. The City Council hereby
further directs that the ballot proposition relating to the levy of the Special Tax, the proposition
relating to the establishment of the appropriations limit and the proposition relating to the incurring
of a bonded indebtedness be combined into one ballot proposition.
Section 13. Transmittat to Election Official. The City Clerk is hereby authorized and
directed, within three business days following adoption of this Resolution, to transmit to the Election
Official a certified copy of this Resolution and a certified copy of the boundary map described in
Section 3 hereof and a sufficient description to allow the Election Official to determine the boundaries
of the District.
PASSED, APPROVED AND ADOPTED this 2nd day of February, 2000.
ATTEST:
Mayor
City Clerk
DAkmcguire\centparkXcouncilreport\ccres2-2-00
EXHIBIT "A"
DESCRIPTION OF FACILITIES AND SERVICES
The facilities and services described below are proposed to be financed by City of Rancho
Cucamonga Community Facilities Distdct No. 99-1 (Central Park) (the "District"). The facilities and
services shall include the attributable costs of engineering, design, planning and coordination,
together with the expenses related to the issuance and sale of any special tax bonds, including
underwdter's discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax
consultant, bond and official statement printing and all other expenses incidental thereto. The
facilities will be constructed pursuant to plans and specifications approved by the City and the
officials thereof.
Facilities
The facilities include the purchase, construction, expansion, improvement or rehabilitation of certain
real or other tangible property described below, to serve the area located within the District, including
all furnishings, equipment and supplies related thereto (collectively, the "Facilities"), which Facilities
have a useful life of five years or longer and which the City Council is authorized by law to contribute
revenue to or construct, own or operate:
A general description of the improvements is as follows:
The park includes lakes, arboretum, group picnic areas, entertaiment
pavilion, trails, an off-leash dog area, and play areas.
The aquatic complex features opportunities for family recreational and
competitive swimming, including pools with spectator seating, changing
facilities and shaded picnic areas, as well as offices for personnel and
storage facilities for pool and maintenance equipment.
The tennis complex provides an opportunity to play tennis, take lessons,
watch tournaments and exhibitions and includes lighted tennis courts,
training alleys, a center court with terraced seating and an area for
temporary grandstands, racquetball courts, a pro shop with offices and
repair shop, and a courtyard for concession sites.
The grounds maintenance facility will also be included to provide a
location for equipment storage, offices and work areas for maintenance
personnel.
Finally, if funding allows, the gymnasium will include court facilities,
lockers and showers, areas for concessions, as well as, offices for
personnel and storage for maintenance equipment.
Services
The services include recreation program services and maintenance of parks, parkways and open space
(collectively, the "Services"). Also included are services with respect to removal or remedial action
for the cleanup of hazardous substances, if any, released or threatened to be released into the
environment, provided that a remedial action plan, if required, has been approved. The cost of the
Services shall include the performance by employees of all functions, including operation,
maintenance and repair activities.
EXHIBIT "B"
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK)
RATE AND METHOD OF AppORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each assessor's parcel or portion thereof in CFD No. 99-1 shall be levied
and collected according to the tax liability determined by the Governing Board, through the
application of the rate and method of apportionment of the Special Tax set forth below. All of the
property in CFD No. 99-1, unless exempted by law or by the provisions of this Rate and Method of
Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided.
I. DEFINITIONS
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 ofTifie 5 of the Government Code of the
State of California.
"Administrative Fees or Expenses" means the following actual or reasonably
estimated costs: the costs of computing the Special Taxes and preparing the
annual Special Tax Collection Schedule (whether by the City, a designee
thereof or both); the costs of collecting the Special Taxes (whether by the
County or otherwise); the costs of remitting the Special Taxes to the Fiscal
Agent; the costs of the Fiscal Agent (including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the
costs to the City, CFD No. 99-1 or any designee of either thereof of
complying with arbitrage rebate requirements; the costs of the City, CFD No.
99-1 or any designee or either thereof of complying with City, CFD No. 99-1
or obligated persons disclosure requirements; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries
regarding the Special Taxes; the costs of the City, CFD No. 99-1 or any
designee of either thereof related to an appeal of the Special Tax; and the
City's annual administration fee and third party expenses. Administrative Fees
or Expenses shall also include amounts estimated or advanced by the City or
CFD No. 99-1 for any other administrative purposes of CFD No. 99-1,
including attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure of ddinquent Special Taxes.
"Annual Costs" for any Fiscal Year, equals the sum of(i) amounts required to pay
for the Facilities and related Incidental Expenses, (ii) Debt Service for such
Fiscal Year; (iii) Related Administrative Fees or Expenses for such Fiscal
Year; {iv) the amount, if any, necessary to replenish the Reserve Fund for the
Bonds, plus an amount equal to delinquencies in the payment of Special Tax
levied in the previous Fiscal Year [subject to the limitations of Government
Code Section 53321 (d)]; and (iv) any other payment required under the Fi scat
Agent Agreement and any supplement or amendment thereto for such Fiscal
Year.
"Bond Fund" means the fund of that name created under the Fiscal Agent
Agreement.
"Bonds" means the City of Rancho Cucamonga Community Facilities District
No. 99-1 (Central Park) Special Tax Bonds.
"CFD No. 99-1" means the City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park).
"City" means the City of Rancho Cucamonga, California.
"County" means the County of San Bemardino, California.
"Debt Service" for each Fiscal Year, means the total annual principal and interest
payable on the Bonds during the calendar year commencing on January 1 of
such Fiscal Year, less investment earnings on the Reserve Fund not required
to be set aside pursuant to the Fiscal Agent Agreement for purposes of rebate
pursuant to the Internal Revenue Code of 1986, and less any capitalized
interest and any other amounts remaining in the Bond Fund held under the
Fiscal Agent Agreement from the previous Fiscal Year.
"Facilities" means the purchase, construction, expansion, improvement or
rehabilitation of certain real or other tangible property described below, to
serve the area located within the District, including all furnishings, equipment
and supplies related thereto, which facilities have a useful life of five years or
longer and which the City Council of the City is authorized by law to
contribute revenue to or construct, own or operate. Facilities include a park,
including lakes, an arboretum, group picnic areas, entertainment pavilions,
trails and play areas; an aquatic complex, including pools with spectator
seating, changing facilities and shaded picnic areas, as well as offices for
personnel and storage facilities for pool and maintenance equipment; a tennis
complex, including lighted tennis courts, training alleys, a center court with
terraced seating and an area for temporary grandstands, racquetball courts, a
pro shop with offices and a repair shop, a courtyard for concession sites, and
an off-leash dog area; a grounds maintenance facility, including a location for
equipment storage, offices, and work areas for maintenance personnel; and,
if funding allows, a gymnasium, including court facilities, lockers and showers,
areas for concessions, offices for personnel and storage for maintenance
equipment.
"Finance Director" means the Finance Director of the City or his or her designee.
"Fiscal A~ent" means the fiscal agent or trustee under the Fiscal Agent
Agreement.
"Fiscal Al~ent A~reement" means any agreement by and between the City and the
Fiscal Agent approved pursuant to the Resolution of Issuance.
"Fiscal Year" means the period starting on July 1 and ending the following
June 30.
"Governin~ Board" means the City Council of the City acting as the legislative
body for CFD No. 99-1.
"Incidental Exilerises" means the attributable costs of engineering, design,
planning and coordination, together with the expenses related to the issuance
and sale of any special tax bonds, including underwriter's discount, appraisals,
reserve fund, capitalized interest, bond counsel, special tax consultant, bond
and official statement printing and all other expenses incidental thereto.
"Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section HI below, that can be levied in any Fiscal Year on
any Parcel.
"Original ParceF' means a Parcel as it existed at the time of the adoption of the
Resolution of Formation by the City Council of the City and as described in
the map of Proposed Boundaries for CFD No. 99-1 and by this reference
made a part hereof
"Parcel" means any County of San Bernardino assessor's parcel that is within the
boundaries of CFD No. 99-1, based on the equalized tax rolls of the County
of San Bernardino as of January 1 in the prior Fiscal Year and includes
Original Parcels and Successor Parcels.
"Proportionally" means for each Taxable Parcel that the ratio of the actual Special
Tax levy to the Maximum Special Tax is equal for all Taxable Parcels within
CFD No. 99-1.
"Reserve Fund means the fund of that name created under the Fiscal Agent
Agreement.
"Resolution of Formation" means the resolution of the City Council of the City
adopted under the Act to establish CFD No. 99-1.
"Resolution of Issuance" means the resolution of the City Council of the City
adopted under the Act authorizing the issuance of Bonds by CFD No. 99-1.
"Services" means the costs of recreation program services; the costs of
maintenance of parks (including and aquatic complex, a tennis complex, and
a gynmasium), parkways and open space, including the performance by
employees of all functions, including operation, maintenance and repair
activities; and related Incidental Expenses and Administrative Fees or
Expenses. Also included are services with respect to removal or remedial
action for the dean up of hazardous substances, if any, released or threatened
to be released into the environment, provided that a remedial action plan, if
required, has been approved.
"Special Tax" means any tax levied within CFD No. 99-1 pursuant to the Act and
this Rate and Method of Apportionment of Special Tax.
"Special Tax Collection Schedule" means the document prepared by the Finance
Director and sent to the County Auditor for use in collecting the Special Tax
each Fiscal Year.
"Snecial Tax Requirement" means, for any Fiscal Year, the sum of, listed by
priority, (i) Annual Costs and (ii) Services.
"Successor Parcel" means a Parcel created by subdivision, lot line adjustment or
parcel map from an Original Parcel.
"Taxable Parcd" means any Parcel that is not a Tax-Exempt Parcel.
"Tax-Exempt Parcel" means, as of January 1 st of each year, (i) any parcel owned
by a governmental entity, or irrevocably offered for dedication to a
governmental entity, (ii) any Parcel which constitutes public right-of-way or
which is encumbered by an unmanned utility easement, making impractical its
utilization for other than the purpose set forth in the easement, or (iii) any
Parcel assigned a zero value by the San Bernardino County Assessor.
Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public
entity after the adoption of the Resolution of Formation by means of
negotiated transaction, or by gift or devise, or by eminent domain
proceedings, shall remain a Taxable Parcel, and (ii) ira public agency owning
a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any
beneficiary, grants a leasehold or other possessory interest in the parcel to a
non-exempt person or entity, the Special Tax shall be levied on the leasehold
or possessory interest and shall be payable by the owner of the leasehold or
possessory interest.
lI. CLASSIFICATION OF PARCELS
At the beginning of each Fiscal Year, using the definitions above, the Governing Board shall cause
each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel.
III. MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for each Taxable Parcel shall equal $129.00.
IV. APPORTIONMENT OF SPECIAL TAX
Commencing with the first Fiscal Year for which the Special Tax is levied and for each following
Fiscal Year, the Governing Board shall determine the Special Tax Requirement and levy the
Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The
Special Taxes shall be levied each Fiscal Year as follows:
(1) The Special Tax shall be levied on each Taxable Parcel in an amount equal to
100% of the applicable Maximum Special Tax; or,
(2) If less monies are needed to satisfy the Special Tax Requirement, the Special
Tax shall be levied Proportionally on each Taxable Parcd at less than 100%
of the Maximum Special Tax; provided that, the Governing Board may levy
an amount in excess of the Special Tax Requirement if all authorized CFD No.
99-1 Bonds have not already been issued.
~.MANNER OFCOLLECTION
Collection of the Special Tax shall be by the County of San Bernardino in the same manner as
ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however,
that the City may provide in the Fiscal Agent Agreement or in the Resolution of Issuance for (i) other
means of collecting the Special Tax, including direct billings thereof to the property owners and (ii)
judicial foreclosure of delinquent Special Taxes.
VI. TERM OF "SPECIAL TAX"
The Special Tax shall be collected only so long as required to pay the Annual Costs and/or the
Services. No Special Tax to pay for Annual Costs shall be levied or collected after the 2035-2036
fiscal year. The Special Tax to pay for Services may continue to be levied and collected so long as
required to pay for Services.
VII. REVIEW/APPEAL COMMITTEE
The Governing Board shall establish as part of the proceedings and administration of CFD No. 99-1
a Special 3-member Review/Appeal Committee. Any landowner or resident who feels that the
amount of the Special Tax levied on their Taxable Parcel is in error may file a notice with the
Review/Appeal Committee appealing the amount of the Special Tax levied on such Parcel. The
Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any landowner or resident
appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding
on all persons.
VIlI. TENDER OF BONDS
The City Council, as the Governing Board, reserves to itself the right and authority to allow any
interested owner of property with CFD No. 99-1, subject to the provisions of Section 53344.1 of the
Act and to those conditions it may impose, and any applicable prepayment penalties as prescribed in
the Fiscal Agent Agreement or comparable instrument or document, to tender to the CFD No. 99-1
treasurer in full payment or part payment of any installment of the Special Taxes or the interest or
penalties thereon which may be due or delinquent, but for which a bill has been received, any Bond
or other obligation secured thereby, the Bond or other obligation to be taken at par and credit to be
given for the accrued interest shown thereby computed to the date of tender. The CFD No. 99-1
treasurer shall thereupon cancel the Bond debt and shall cause proper credit therefor to be entered
on the records of CFD No. 99-1 and in the office of the auditor and tax collector.
In addition, provided the City Council, as the Governing Board, permits Bonds or debt to be tendered
for Special Taxes and the penalties and interest thereon, if the highest bid for a lot or Parcel sold
pursuant to a judgment of foreclosure and order of sale exceeds five thousand dollars ($5,000) and
the highest bidder elects to treat the sale as a credit transaction pursuant to Section 701.590 (c) of
the Code of Civil Procedure, the balance due as provided in that Section may be paid in full or in part
by tender of Bonds or debt, provided, however, that Bonds or debt may not be tendered for costs of
foreclosure, including attomey's fees and administrative charges incurred by the City with respect to
removing the Special Taxes from the rolls of the treasurer or tax collector, or other administrative
charges.
RESOLUTION NO. 00-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA DECLARING NECESSITY TO INCUR
A BONDED INDEBTEDNESS, ORDERING SUBMITTED TO
THE QUALIFIED ELECTORS OF CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1
(CENTRAL PARK) A PROPOSITION RELATING TO THE
DISTRICT, GIVING NOTICE OF A SPECIAL ELECTION AND
ESTABLISHING PROCEDURES FOR CONDUCTING THE
ELECTION
RECITALS:
WHEREAS, the CITY COUNCIL (the "City Council") of the City of RANCHO
CUCAMONGA, CALIFORNIA (the "City"), has previously adopted Resolution No. 99-164 stating
its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended, commencing with Section 53311 of the Califomia Government Code (the
"Act") to finance certain public facilities and services; and
WHEREAS, a copy of Resolution No. 99-164 setting forth a description of the
proposed boundaries of the District, the facilities and services to be financed by the District and the
rate and method of apportionment of the special tax proposed to be levied within the District is on
file in the office of the City Clerk of the City and is incorporated herein by reference; and
WHEREAS, the City Council has previously adopted Resolution No. 99-165 stating
the City Council's intention, acting as the legislative body of the District, to authorize the issuance
and sale of bonds to finance the cost of designing and constructing such public facilities; and
WHEREAS, Resolution Nos. 99-164 and 99-165 set September 1, 1999 as the date
of a public hearing on the establishment of the District, the furnishing of specified tjpes of public
facilities and services within the District, the proposed rate and method of apportionment of the
special tax, and the proposed debt issue; and
WHEREAS, on September 1, 1999, the City Council opened the public hearings and
continued them until February 2, 2000, finding that the complexity of the District and the need for
public participation required additional time; and
WHEREAS, at the public hearing there was filed with the City Council a report (the
"Report") containing a description of the facilities and services necessary to adequately meet the
needs of the District and an estimate of the cost of financing such facilities and services as required
by Section 53321.5 of the Act; and
000120 11231-00050 rdw 1102344 0
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the establishment of the District, the furnishing of specified types of public facilities
and services within the District, the proposed rate and method of apportionment of the special tax,
and the proposed debt issue were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it and the City Council at the conclusion of the hearing is fully advised as to all
matters relating to the formation of the District, the levy of the special tax and the issuance of bonded
indebtedness therein; and
WHEREAS, the City Council desires to proceed with the establishment of the
District and to proceed to make the necessary findings to incur the bonded indebtedness; and
WHEREAS, the City Council previously adopted Resolution No. 99-016 establishing
the District and calling a Special Election in the District on May 9, 2000; and
WHEREAS, the City Council desires to hold a special election in the District at
which time there will be submitted to the qualified electors of the District certain propositions
relating to the authorization to levy a special tax, the establishment of an appropriations limit for the
District, and the incurring of a bonded indebtedness to pay for certain facilities to serve the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Necessary to Incur Bonded Indebtedness. The City Council hereby
declares that the City Council deems it necessary to incur a bonded indebtedness as authorized under
the terms and provisions of the Act.
Section 2. Purpose of Bonded Indebtedness. The bonded indebtedness will be
incurred for the purpose of financing the costs of designing and constructing the Facilities as defined
in the City's Resolution No. 99-016, including, but not limited to, the financing of the costs
associated with the issuance of the bonds and all other costs necessary to finance the Facilities that
are permitted to be financed pursuant to the Act.
Section 3. Boundaries of Dislrict. The whole of the District shall pay for the bonded
indebtedness. The description and map of the boundaries of the District on file in the City Clerk's
office and as described in said Resolution No. 99-164 and incorporated herein by reference, shall be
the boundaries of the District. The map of the proposed boundaries of the District has been recorded
in the Office of the County Recorder of the County of San Bemardino, California at Page 66 of Book
72 of Maps of Assessments and Community Facilities Districts as Document No. 19990327417.
Section 4. Bond Terms. The bonds will be issued in one or more series, in the
maximum aggregate principal mount of not to exceed $30 million at a maximum interest rate not
in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law
at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution
of the City Council authorizing the issuance of the bonds, but such term shall in no event exceed 40
years or such longer term as is then permitted by law. The bonds, except where other funds are made
available, shall be paid exclusively from a special tax levied annually within the boundaries of the
District and secured by recordation of a continuing lien against all non-exempt real property in the
District.
Section 5. Election. The proposition related to the incurring of the bonded
indebtedness and the proposition relating to the levy of the special tax and the proposition to
establish an appropriations limit for the District shall be combined into one ballot proposition, and
shall be submitted to the qualified voters at a special election to be held on the 9th day of May, 2000.
If the combined proposition for the levy of the special tax, the establishment of the appropriations
limit and the incurring of the bonded indebtedness receive the approval of more than two-thirds (2/3)
of the votes cast on the proposition, bonds may be authorized, issued and sold for the purposes set
forth herein, the special tax may be levied as provided for in Resolution No. 99-016 and the
appropriations limit may be established as provided for in Resolution No. 99-016.
Section 6. Polls. The polls shall be open at 7:00 a.m. on the day of the election and
shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall
be closed, except as provided in Section 14401 of the California Elections Code.
Section 7. Ballot. The ballot proposition to be submitted to the qualified electors
shall be as set forth in Exhibit "A" attached hereto.
Section 8. Sample Ballot Materials. The sample ballot materials provided to each
voter shall include arguments and rebuttals, if any. "Notice is hereby given that written
arguments not to exceed 300 words in length for or against the measure shall be
filed not later than 5:00 p.m. on February 18, 2000 at the office of the City Clerk,
10500 Civic Center Drive, Rancho Cucamonga, California 91710."
Section 9. Election Precinct. The DisU'ict shall constitute a single election precinct
for the purpose of holding said election. The City Clerk shall designate a polling place or polling
places for the precinct and give notice of the location of same.
Section 10. Vote. The appropriate mark placed in the voting square after the word
"YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed
in the voting square after the word "NO" shall be counted against the adoption of said proposition.
Section 11. Election Procedure. The form and content of the ballot shall be as
provided by law. In all respects not specified herein, the election shall be conducted in accordance
with the Califomia Elections Code. The Election Official is hereby authorized to take any and all
steps necessary for the holding of said election. Said Election Official shall perform and render all
services and proceedings incidental to and connected with the conduct of said election, and said
services shall include, but not be limited to, the following activities as are appropriate to the subject
election:
Prepare and fumish to the election officers necessary election supplies
for the conduct of the election.
Cause to be printed the requisite number of official ballots, tally
sheets and other necessary forms.
3. Appoint and train necessary precinct workers.
4. Receive the returns of the election and supplies.
Sort and assemble the election material and supplies in preparation for
the canvassing of the returns.
6. Canvass the returns of the election.
7. Furnish a tabulation of the number of votes given in the election.
Make all arrangements and take the necessary steps to pay all costs
of the election incurred as result of services performed by the County
and pay costs and expenses of all election officials.
Conduct and handle all other matters relating to the proceedings and
conduct of the election in the manner and form as required by law.
Section 12. Notice. Notice of the time and place of the election is hereby given and
the City Clerk is authorized, instructed and directed to give further or additional notice of the
election in the time, form and manner as required by law.
PASSED, APPROVED AND ADOPTED this 2nd day of February, 2000.
Mayor
ATTEST:
City Clerk
- 4 -
EXHIBIT A
BALLOT PROPOSITION
PROPOSITION _: Shall City of Rancho Cucamonga Community Facilities District No. 99-1
(Central Park) be authorized to incur an indebtedness and issue bonds in the maximum aggregate
principal amount of $30,000,000, with interest at a rate or rates not to exceed the maximum rates
permitted by law, the proceeds of which will be used to finance the costs of facilities, including
incidental expenses, as described in Resolution No. 99-016 of the City Council of the City of Rancho
Cucamonga; shall a special tax with a rate and method of apportionment as provided in Resolution
No. 99-016 of the City Council of the City of Rancho Cucamonga be levied within the District to
pay for the above facilities, including principal and interest due on bonds issued to finance the
facilities; services, including recreation program services and the maintenance of parks, parkways
and open space; and incidental expenses, as described in said Resolution; and shall an appropriations
limit be established for the District pursuant to Article XIIIB of the Caiifomia Constitution, said
appropriations limit to be equal to the amount of all proceeds of the special tax collected annually,
as adjusted for changes in the cost of living and changes in population, as provided in Resolution
No. 99-016 of the City Council of the City of Rancho Cucamonga?
D:Xkmcguire\\centpark\councilreport\ccresofoond2-2-O0
- 5 -
KESOLUTION NO. 00- O/7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGADECLARINGNECESSITY TO INCUR
A BONDED INDEBTEDNESS, ORDERING SUBMITTED TO
THE QUALIFIED ELECTORS OF CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1
(CENTRAL PARK) A pROPOSITION RELATING TO THE
DISTRICT, GIVING NOTICE OF A SPECIAL ELECTION AND
ESTABLISHING PROCEDURES FOR CONDUCTING THE
ELECTION
RECITALS:
WHEREAS, the CITY COUNCIL (the "City Council") of the City of RANCHO
CUCAMONGA, CALIFORNIA (the "City"), has previou sly adopted Resolution No. 99-164 stating
its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as mended, commencing with Section 53311 of the California Government Code (the
"Act") to finance certain public facilities and services; and
WHEREAS, a copy of Resolution No. 99-164 setting forth a description of the
proposed boundaries of the District, the facilities and services to be financed by the District and the
rate and method of apportionment of the special tax proposed to be levied within the District is on
file in the office of the City Clerk of the City and is incorporated herein by reference; and
WHEREAS, the City Council has previously adopted Resolution No. 99-165 stating
the City Council's intention, acting as the legislative body of the District, to authorize the issuance
and sale of bonds to finance the cost of designing and constructing such public facilities; and
WHEREAS, Resolution Nos. 99-164 and 99-165 set September 1, 1999 as the date
of a public hearing on the establishment of the District, the furnishing of specified types of public
facilities and services within the District, the proposed rate and method of apportionment of the
special tax, and the proposed debt issue; and
WHEREAS, on September 1, 1999, the City Council opened the public hearings and
continued them until February 2, 2000, finding that the complexity of the District and the need for
public participation required additional time; and
WHEREAS, at the public hearing there was filed with the City Council a report (the
"Report") containing a description of the facilities and services necessary to adequately meet the
needs of the District and an estimate of the cost of financing such facilities and services as required
by Section 53321.5 of the Act; and
Resolution No. 00 -
Page 2
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pert/~ning to the establishment of the District, the furnishing of specified types of public facilities
and services within the District, the proposed rate and method of apportionment of the special tax,
and the proposed debt issue were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it and the City Council at the conclusion of the hearing is fully advised as to all
matters relating to the formation of the District, the levy of the special tax and the issuance of bonded
indebtedness therein; and
WHEREAS, the City Cotmcil desires to proceed with the establishment of the District
and to proceed to make the necessary findings to incur the bonded indebtedness; and
WHEREAS, the City Council previously adopted Resolution No. 99-
the District and calling a Special Election in the District on May 9, 2000; and
establishing
WHEREAS, the City Council desires to hold a special election in the District at
which time there will be submitted to the qualified electors of the District certain propositions
relating to the authorization to levy a special tax, the establishment of an appropriations limit for the
District, and the incurring of a bonded indebtedness to pay for certain facilities to serve the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Necdssarv to Incur Bonded Indebtedness. The City Council hereby
declares that the City Council deems it necessary to incur a bonded indebtedness as authorized under
the terms and provisions of the Act.
Section 2. Purpose of Bonded Indebtedness. The bonded indebtedness will be
incurred for the purpose of financing the costs of designing and constructing the Facilities as defined
in the City's Resolution No. 99- , including, but not limited to, the financing of the costs
associated with the issuance of the bonds and all other costs necessary to finance the Facilities that
are permitted to be financed pursuant to the Act.
Section 3. Boundaries of District. The whole of the District shall pay for the bonded
indebtedness. The description and map of the boundaries of the District on file in the City Clerk' s
office and as described in said Resolution No. 99-164 and incorporated herein by reference, shall be
the boundaries of the District. The map of the proposed boundaries of the District has been recorded
in the Office of the County Recorder of the County of San Bemardino, California at Page 66 of Book
72 of Maps of Assessments and Community Facilities Districts as Document No. 19990327417.
Section 4. Bond Terms. The bonds will be issued in one or more series, in the
maximum aggregate principal amount of not to exceed $30 million at a maximum interest rate not
Resolution No. 00 -
Page 3
in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law
at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution
of the City Council authorizing the issuance of the bonds, but such term shall in no event exceed 40
years or such longer term as is then permitted by law. The bonds, except where other funds are made
available, shall be paid exclusively from a special tax levied annually within the boundaries of the
District and secured by recordation of a continuing lien against all non-exempt real property in the
District.
Section 5. Election. The proposition related to the incurring of the bonded
indebtedness and the proposition relating to the levy of the special tax and the proposition to
establish an appropriations limit for the District shall be combined into one ballot proposition, and
shall be submitted to the qualified voters at a special election to be held on the 9th day of May, 2000.
If the combined proposition for the levy of the special tax, the establishment of the appropriations
limit and the incurring of the bonded indebtedness receive the approval of more than two-thirds (2/3)
of the votes cast on the proposition, bonds may be authorized, issued and sold for the purposes set
forth herein, the special tax may be levied as provided for in Resolution No. 99-__ and the
appropriations limit may be established as provided for in Resolution No. 99-__
Section 6. Polls. The polls shall be open at 7:00 a.m. on the day of the election and
shall remain open continuously from that time until g:00 p.m. of the same day when the polls shall
be closed, except as provided in Section 14401 of the California Elections Code.
Section 7. Ballot. The ballot proposition to be submitted to the qualified electors
shall be as set forth in Exhibit "A" attached hereto.
Section 8. Sample Ballot Materials. The sample ballot materials provided to each
voter shall include arguments and rebuttals, if any.
Section 9. Election Precinct. The District shall constitute a single election precinct
for the purpose of holding said election. The City Clerk shall designate a polling place or polling
places for the precinct and give notice of the location of same.
Section 10. Vote. The appropriate mark placed in the voting square after the word
"YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed
in the voting square after the word "NO" shall be counted against the adoption of said proposition.
Section 11. Election Procedure. The form and content of the ballot shall be as
provided by law. In all respects not specified herein, the election shall be conducted in accordance
with the California Elections Code. The Election Official is hereby authorized to take any and all
steps necessary for the holding of said election. Said Election Official shall perform and render all
services and proceedings incidental to and connected with the conduct of said election, and said
services shall include, but not be limited to, the following activities as are appropriate to the ~ubject
election:
Resolution No. 00 -
Page 4
Prepare and furnish to the election officers necessary election
supplies for the conduct of the election.
Cause to be printed the requisite number of official ballots, tally
sheets and other necessary forms.
3. Appoint and train necessary precinct workers.
4. Receive the returns of the election and supplies.
Sort and assemble the election material and supplies in preparation
for the canvassing of the returns.
6. Canvass the returns of the election.
7. Furnish a tabulation of the number of votes given in the election.
Make all arrangements and take the necessary steps to pay all costs
of the election incurred as result of services performed by the County
and pay costs and expenses of all election officials.
Conduct and handle all other matters relating to the proceedings and
conduct of the election in the manner and form as required by law.
Section 12. Notice. Notice of the time and place of the election is hereby given and
the City Clerk is authorized, instructed and directed to give further or additional notice of the
election in the time, form and manner as required by law.
PASSED, APPROVED AND ADOPTED this 2nd day of February, 2000.
ATTEST:
William J. Alexander, Mayor
Debm J. Adams, City Clerk
D:\kmcguire\capparks\centpark~PubHear9-99ResC
EXHIBIT A
BALLOT pROPOSITION
PROPOSITION : Shall City of Rancho Cucamonga Community Facilities District No. 99-1
(Central Park) be"iuthorized to incur an indebtedness and issue bonds in the maximum aggregate
principal amount of $30,000,000, with interest at a rate or rates not to exceed the maximum rates
permitted by law, the proceeds of which will be used to finance the costs of facilities, including
incidental expenses, as described in Resolution No. 99-_ of the City Council of the City of Rancho
Cucamonga; shall a special tax with a rate and method of apportionment as provided in Resolution
No. 99- of the City Council of the City ofRancho Cucamonga be levied within the District to pay
for the iove facilities, including principal and interest due on bonds issued to finance the facilities;
services, including recreation program services and the maintenance of parks, parkways and open
space; and incidental expenses, as described in said Resolution; and shall an appropriations limit be
established for the District pursuant to Article XIIIB of the California Constitution, said
appropriations limit to be equal to the amount of all proceeds of the special tax collected annually,
as adjusted for changes in the cost of living and changes in population, as provided in Resolution No.
99-_ of the City Council of the City of Rancho Cucarnonga?
RESOLUTION NO. 00- ~ I ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA MAKING FINDiNGS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING A MITIGATED NEGATIVE DECLARATION,
ADOPTiNG A MITIGATION MONITORING PROGRAM, AND
ORDERING THE FILiNG OF A NOTICE OF DETERMiNATION
IN CONNECTION WITH THE ESTABLISHMENT OF
COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL
PARK), OTHER RELATED ACTIONS AND THE
CONSTRUCTION AND OPERATION OF CENTRAL PARK
RECITALS:
WHEREAS, a project is proposed by the City to establish a Community Facilities
District No. 99-1 (Central Park), to call an election for a special tax, and related implementing
actions for the eventual construction and operation ofa 103.5 acre park to be known as Central Park;
and
WHEREAS, the "project" evaluated pursuant to CEQA is generally described to
include, but not be limited to, the following actions and improvements: (i) the establishment of
Community Facilities District No. 99-1 (Central Park) (including the levy of a special tax and
incurring bonded indebtedness) to finance the purchase, construction, expansion, improvement or
rehabilitation of approximately 103.5 acres of real property for park purposes to be known as Central
Park; and (ii) improvement of proposed Central Park to include, but not be limited to, the foliowing
improvements: (a) lakes, arboretum, group picnic areas, performance pavilion, trails, and play areas;
(b) aquatic complex, including pools and spectator seating, as well as offices for personnel and
storage facilities for pool and maintenance equipment; (c) a tennis complex with terraced seating,
pro shop and other facilities; (d) a grounds maintenance facility; (e) a gymnasium; (f) parking
facilities; and (g) other related facilities and operations.
WHEREAS, pursuant to the Califomia Environmental Quality Act and the City's
Local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental
impacts of the proposed project. Based on that Initial Study and all applicable mitigation measures
for the project, the Community Development Director has determined that the project will not have
a significant effect on the enviromnent. Accordingly, a Mitigated Negative Declaration has been
prepared. Notice of the opportunity to comment on the proposed Mitigated Negative Declaration
was published and distributed as required by law and copies of the documents have been available
for public review and inspection at the offices of the City Clerk, located at City Hall, 10500 Civic
Center Drive, Rancho Cucamonga, California, 91729.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Resolution No. 00 -
Page 2
Section 1. Adoption of the Mitigated Negative Declaration.
The City Council has reviewed the Mitigated Negative Declaration and all comments
received regarding the Mitigated Negative Declaration and, based on the whole record before it,
finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)
that, with the imposition of mitigation measures specified in the Mitigated Negative Declaration,
there is no substantial evidence that the project will have a significant effect on the environment.
The City Council further finds that the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts
the Mitigated Negative Declaration prepared for the project.
Section 2. Adoption of the Mitigation Monitoring Program.
The City Council has also reviewed and considered the Mitigation Monitoring
Program for the Mitigated Negative Declaration that has been prepared pursuant to the requirements
of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure
compliance with the mitigation measures during project implementation. The City Council therefore
adopts the Mitigation Monitoring Program for the Mitigated Negative Declaration for the project.
Section 3. Designation of Custodian of Records.
The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program and all other materials which constitute the record of proceeding
upon which the City Council's decision was based is the City Clerk of the City of Rancho
Cucamonga. Those documents are available for public review in the Office of the City Clerk located
at the City Hall of the City of Rancho Cucamonga, 10500 Civic Center Dr., Rancho Cucamonga,
California, 91729.
Section 4. Notice of Determination.
The City Clerk shall file a Notice of Determination in the offices of the San
Bemardino County Clerk in connection with the approval of the Mitigated Negative Declaration.
PASSED, APPROVED AND ADOPTED this 2nd day of February, 2000.
ATTEST:
William J. Alexander, Mayor
Debra J. Adams, CMC, City Clerk
D:\kmcguire\capparks\centpark\pubhearres
DISTRICT REPORT
CITY (:IF RANCHO CIJCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(Ct~-'NTRAL PARK)
CiTY OF RAI ~CHO CUC ~,MO~ iG.=
BERI I ;,RDII IO COUI ~T¥, CALIFOP-I ~l;
SUBMITTED FEBRU '*,R~ 2000
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DISTRICT REPORT
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(CENTRAL PARK)
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TABLE OF CONTENTS
INTRODUCTION
A. DESCRIPTION OF FACILITIES AND SERVICES
PAGE
1
2
Facilities
Services
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BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
COST ESTIMATES FOR FACILITIES AND SERVICES
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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E. GENERAL TERMS AND CONDITIONS
Facilities
Bonds
Appeals and Interpretation Procedure
4
I EXHIBITS
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Boundaries of District and Map
Cost Estimates and Services
Rate and Method of Apportionment of Special Tax
A1
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C1 -C6
BM:tb3
12010\3000\R01
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I February 1,2000 City of Rancho Cucamonga
DISTRICT REPORT
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(CENTRAL PARK)
INTRODUCTION
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WHEREAS, the City Council of the City of Rancho Cucamonga (hereina~er referred to
as the "Agency" or "legislative body of the local Agency"), in the State of California, did,
pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being
Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of
California, and specifically Section 53321.5 thereof, expressly order the filing of a
written Community Facilities District Report ("Report") with the Agency for a proposed
Community Facilities District, which Community Facilities District shall be referred to as
City of Rancho Cucamonga Community Facilities District No. 99-1 (Central Park),
(hereinafter referred to as "District"); and
WHEREAS, the Report generally contains the following:
a. a brief description of the Facilities and Services by type which will in his or her
opinion be required to adequately meet the needs of the District;
b. an estimate of the cost of financing the Facilities and Services, including
incidental expenses and including the costs of the proposed bond financing and
all other related costs as provided for in Section 53345.3 of the Act, and including
the cost of planning and designing the Facilities to be financed pursuant to the
Act, including the cost of environmental evaluations of such facilities, all costs
associated with the creation of the District, issuance of bonds, determination of
the amount of any special taxes, collection of any special taxes, or costs
otherwise associated with the creation of the District, issuance of bonds,
determination of the amount of any special taxes, collection of any special taxes,
or costs otherwise incurred in order to carry out the authorized purposes of the
City with respect to the District and any other expenses incidental to the
construction, completion and inspection of the authorized work to be paid through
the proposed financing.
For particulars, reference is made to the Resolution of Intention as previously approved.
NOW THEREFORE I, Richard L. Kopecky, authorized representative of Willdan, the
appointed responsible officer directed to prepare the Report pursuant to the provisions
of the Mello-Roos Community Facilities Act of 1982 do hereby submit the following data:
city of Rancho Cucamonga
I February 1, 2000 Page I '
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A. DESCRIPTION OF FACILITIES AND SERVICES
The facilities and services described below are proposed to be financed by City of
Rancho Cucamonga Community Facilities District No. 99-1 (Central Park) (the
"District"). The facilities and services shall include the attributable costs of engineering,
design, planning and coordination, together with the expenses related to the issuance
and sale of any special tax bonds, including underwriter's discount, appraisals, reserve
fund, capitalized interest, bond counsel, special tax consultant, bond and official
statement printing and all other expenses incidental thereto. The facilities will be
constructed pursuant to plans and specifications approved by the City and the officials
thereof.
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Facilities
The facilities include the purchase, construction, expansion, improvement or
rehabilitation of certain real or other tangible property described below, to serve the
area located within the District, including all furnishings, equipment and supplies related
thereto (collectively, the "Facilities"), which Facilities have a useful life of five years or
'longer and which the City Council is authorized by law to contribute revenue to or
construct, own or operate.
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A general description of the improvements is as follows:
· The Park included lakes, arboretum, group picnic areas, performance pavilion,
trails and play areas.
The aquatic complex features opportunities for recreation and competitive
swimming, including pools with spectator seating, changing facilities and shaded
picnic areas, as well as offices for personnel and storage facilities for pool and
maintenance equipment.
The tennis complex provides an opportunity to play tennis, take lessons, watch
tournaments and exhibitions and includes lighted tennis courts, training alley, a
central court with terraced seating and an area for temporary grandstands,
racquetball courts, a proshop with offices and repair shop and a courtyard for
concessions sites,
· The grounds maintenance facility will also be included to provide a location for
equipment storage, offices and work areas for maintenance personnel.
Finally, if funding allows, the gymnasium will include court facilities, lockers and
showers, areas for concessions, as well as, offices for personnel and storage for
maintenance equipment.
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Services
I The services include recreation program services and maintenance of parks, parkways
and open space (collectively, the "Services"). Also included are services with respect to
removal or remedial action for the cleanup of hazardous substances, if any, released or
threatened to be released into the environment, provided that a remedial action plan, if
required, has been approved. The cost of the Services shall include the performance
by employees of all functions, including operations, maintenance and repair activities.
B. BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT
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The boundaries of the District coincide with the existing City limits and include all
properties and parcels on which special taxes may be levied to pay for the costs and
expenses of the facilities and services.
The boundaries of the District are described on Exhibit "A," a reduced scale map
entitled Proposed Boundaries of Community Facilities District No. 99-1 (Central Park)
which is attached hereto and incorporated herein. A full scale map is on file with the
City Clerk of the City of RanchO Cucamonga.
C. COST ESTIMATES FOR FACILITIES AND SERVICES
The cost estimate for the facilities and services for the District is based upon current
dollars with no provision for escalation.
The City intends to incur a bonded indebtedness of $30 million for the purpose of
financing the costs of designing and constructing a portion of the proposed facility
improvements as described hereinabove under Section A of this report including, but
not limited to the financing of the costs associated with the issuance of the bonds and
all other costs necessary to finance the facility improvements.
For further particulars on the estimated costs of the Facility and Services reference is
made to Exhibit "B", Cost Estimates and Facility Improvements.
The actual cost of services shall be determined from time to time by the City Council in
conjunction with the facilities to be constructed. The costs will be funded in whole or
part from the special tax.
D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
The Resolution of Intention generally sets forth the rate and method of apportionment of
the special tax which allows each owner or resident within the proposed district to
estimate the annual amount that would be required for payment if a special tax is levied.
For particulars of the rate and method of apportionment, See Exhibit "C," Rate and
Method of Apportionment of Special Tax.
i February 1, 2000 Page 3 City of Rancho Cucamonga
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E. GENERAL TERMS AND CONDITIONS
Facilities
The description of the facilities, as set forth herein, is general in nature. The final nature
and location of improvements and facilities will be determined upon the preparation of
final plans and specifications.
Bonds
The financing of the public capital facilities, as set forth in this Report, requires that
bonds be issued pursuant to the terms, conditions and authorization of the Mello-Roos
Community Facilities Act of 1982.
Appeals and Interpretation Procedure
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Any landowner or resident who feels that the amount or formula of the special tax is in
error may file a notice with the District appealing the levy of the special tax. An appeals
panel of three members, as appointed by the City Council, will then meet and promptly
review the appeal and, if necessary, meet with the applicant. If the Appeals Board finds
that the tax should be modified or changed, a recommendation at that time will be made
to the District and, as appropriate, the special tax levy shall be corrected. If applicable
in any case, a refund shall be granted.
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Interpretations may be made by the District by resolution for purposes of clarifying any
vagueness or ambiguity as it relates to any category, zone, rate or definition applicable
to these proceedings.
It is my opinion that the special tax rate and method of apportionment as above set forth
is equitable and is not discriminatory or arbitrary and permits a purchaser of property
subject to the special tax a fair means of determining his or her obligation.
WILLDAN
By:
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EXHIBIT A
I BOUNDARIES OF DISTRICT AND MAP
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Boundaries of District:
The exterior boundaries of the District are shown on that certain map now on file in the
Office of the City Clerk entitled "Proposed Boundaries of City of Rancho Cucamonga
Community Facilities District No. 99-1 (Central Park)" which map indicates by a
boundary line the extent of the territory included in the proposed District and shall
govern for all details as to the extent of the District.
Boundary Map:
A reduced copy of the Boundary Map follows. The original of such map is on file in the
Office of the City Clerk and in the records of the County Recorder, County of San
Bernardino, State of California.
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Site Location:
The site is being designated as Central Park and is located at the northwest corner of
Milliken Avenue and Baseline Road and is generally bounded on the north by the
railroad right-of-way and on the west by the Deer Creek flood control channel.
I February 1, 2000 A1 City of Rancho Cucamonga
PROPOSED BOUNDARIES
COMMUNITY FACILITIES DISTRICT NO.99-1
(CENTRAL PARK)
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA .......
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INTERSTATE 10
INDEX MAP
I February 1, 2000 A2 City of Rancho Cucamonga
EXHIBIT B
I COST ESTIMATES AND SERVICES
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The above report contains a brief description of the public facilities and services by type
which will in my opinion be required to adequately meet the needs of the district.
FACILITIES
Park/Open Space
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Architectural elements
(including restrooms, picnic
shelters, pavilion and stage,
observation tower, pedestrian
bridges, vehicular bridges,
and maintenance facility)
Hardscape elements
(including trails, tot lots,
lakes, drainage, walls, fencing,
planters and signage)
Soilscape elements
(including site clearing, soil
preparation, grading, irrigation,
and planting)
Total Park/Open Space
Total Street Improvements
(including clearing, grubbing,
undergrounding, curb and gutter,
sidewalk, drive approaches,
street lights, landscape and
irrigation)
$3,045,000.00
$5,548,047.00
$6,226,599.00
$14,819,646.00
$3,051,901.00
Sports Center
Architectural elements
(including gymnasium, aquatics
center, and tennis structures)
$18,835,560.00
I February 1, 2000 B1 City of Rancho Cucamonga
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Hardscape elements
(including swimming pools,
tennis courts, paving, drainage,
overhead structures, walls,
planters, site furniture and lighting)
$5,244,026.00
Softscape elements
(including site clearing, soil
preparation, 9rading, irrigation,
and landscape material)
$1,329,654.00
Total Sports Center
$25,409,240.00
Start Up Capital Equipment
$790,000.00
IncidentalExpenses1
$3,373,025.00
(including costs of issuance,
underwriter's discount, bond
insurance, and reserve fund)
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Total
1.
Facilities Cost $47,443,812.00
Incidental expenses related to the construction of the facilities (e.g., engineering,
design, planning, coordination, and administration) are included in the cost
estimates for the facilities.
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SERVICES (annual costs)
Maintenance
Park/Open Space
Sports Center
Equipment Reserve
Total Maintenance
Operations
$2,429,815.00
$1,344,472.00
$377,429.00
$4,151,716.00
Park/Open Space
Sports Center
$186,300.00
$694,830.00
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Total Operations
Total Services Cost (annual)
$881,130.00
$5,032,846.00
i February 1, 2000 B2 City of Rancho Cucamonga
EXHIBIT C
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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A Special Tax applicable to each assessor's parcel or portion thereof in CFD No. 99-1
shall be levied and collected according to the tax liability determined by the Governing
Board; through the application of the rate and method of apportionment of the Special
Tax set forth below. All of the property in CFD No. 99-1, unless exempted by law or by
the provisions of this Rate and Method of Apportionment of Special Tax, shall be taxed
to the extent and in the manner herein provided.
I. DEFINITIONS
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"Act" means the Melio-Roos Community Facilities Act of 1982, as amended,
being Chapter 2.5 of Par~ I of Division 2 of Title 5 of the Government Code of the
State of California.
"Administrative Fees or Exoenses" means the following actual or
reasonably estimated costs: the costs of computing the Special Taxes and
preparing the annual Special Tax Collection Schedule (whether by the City, a
designee thereof or both); the costs of remitting the Special Taxes to the Fiscal
Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge
of the duties required of it under the Fiscal Agent Agreement; the costs to the
City, CFD No. 99-1 or any designee of either thereof of complying with arbitrage
rebate requirements; the costs of the City, CFD No. 99-1 or any designee or
either thereof of complying with City, CFD No. 99-1 or obligated persons
disclosure requirements; the costs associated with preparing Special Tax
disclosure statements and responding to public inquiries regarding the Special
Taxes; the costs of the City, CFD No. 99-1 or any designee of either thereof
related to an appeal of the Special Tax; and the City's annual administration fee
and third party expenses. Administrative fees or Expenses shall also include
amounts estimated or advanced by the City or CFD No. 99-1 for any other
administrative purposes of CFD No. 99-1, including attorney's fees and other
costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
"Annual Costs" for any Fiscal Year, equals the sum of (i) amounts required
to pay for the Facilities and related Incidental Expenses, (ii) Debt Service for
such Fiscal Year; (iii) related Administrative Fees or Expenses for such Fiscal
Year; (iv) the amount, if any, necessary to replenish the Reserve Fund for the
Bonds, plus an amount equal to delinquencies in the payment of Special Tax
levied in the previous Fiscal Year [subject to the limitations of Government Code
I February 1, 2000 C1 City of Rancho Cucamonga
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53321 (d)], and (v) any other payment required under the Fiscal Agent Agreement
and any supplement or amendment thereto for such Fiscal Year.
"Bond Fund" means the fund of that name created under the Fiscal Agent
Agreement.
"Bonds" means the City of Rancho Cucamonga Community Facilities District
No. 99-1 (Central Park) Special Tax Bonds.
"CFD No. 99-1" means the City of Rancho Cucamonga Community Facilities
District No. 99-1 (Central Park).
"City" means the City of Rancho Cucamonga, California.
"County" means the County of San Bernardino, California.
"Debt Service" for each Fiscal Year, means the total annual principal and
interest payable on the Bonds during the calendar year commencing on January
I of such Fiscal Year, less investment earnings on the Reserve Fund not
required to be set aside pursuant to the Fiscal Agent Agreement for purposes of
rebate pursuant to the Internal Revenue Code of 1986, and less any capitalized
interest and any other amounts remaining in the Bond Fund held under the Fiscal
Agent Agreement from the previous Fiscal Year.
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"Facilities" means the purchase, construction, expansion, improvement or
rehabilitation of certain real or other tangible property described below, to serve
the area located within the District, including-all furnishings, equipment and
supplies related thereto, which facilities have a useful life of five years or longer
and which the City Council of the City is authorized by law to contribute revenue
to or construct, own or operate. Facilities include a park, including lakes, an
arboretum, group picnic areas, a performance pavilion, trails and play areas; an
aquatic complex, including pools with spectator seating, changing facilities and
shaded picnic areas, as well as offices for personnel and storage facilities for
pool and maintenance equipment; a tennis complex, including lighted tennis
courts, training alleys, a center court with terraced seating and an area for
temporary grandstands, racquetball courts, a pro shop with offices and a repair
shop, and a courtyard for concessions sites, a grounds maintenance facility,
including a location for equipment storage, offices, and work areas for
maintenance personnel; and if funding allows, a gymnasium, including court
facilities, lockers and showers, areas for concessions, offices for personnel and
storage for maintenance equipment.
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"Finance Director" means the Finance Director of the City or his or her
designee.
"Fiscal Agent" means the Fiscal Agent or trustee under the Fiscal Agent
Agreement.
February 1, 2000 C2
City of Rancho Cucamonga
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"Fiscal Aqent Agreement" means any agreement by and between the City and
the Fiscal Agent approved pursuant to the Resolution of Issuance.
"Fiscal Year" means the period starting on July 1 and ending the following June
30.
"Governing Board" means the City Council of the City acting as the legislative
body for CFD No. 99-1.
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"Incidental Expenses" means the attributable costs of engineering, design,
planning and coordination, together with the expenses related to the issuance
and sale of any special tax bonds, including underwriter's discount, appraisals,
reserve fund, capitalized interest, bond counsel, special tax consultant, bond and
official statement printing and all other expenses incidental thereto.
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"Maximum SPecial Tax" means the maximum Special Tax, determined in
accordance with Section III below, that can be levied in any Fiscal Year on any
parcel.
"Oriclinal Parcel" means a parcel as it existed at the time of the adoption of the
Resolution of Formation by the City Council of the City and as described in the
map of Proposed Boundaries for CFD No. 99-1 and by this reference made a
part hereof.
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"Parcel" means any County of San Bernardino assessor's parcel that is within
the boundaries of CFD No. 99-1, based on the equalized tax rolls of the County
of San Bernardino as of January 1 in the prior Fiscal Year and includes Original
Parcels and Successor Parcels.
"Proportionally" means for each Taxable Parcel that the ratio of the actual
Special Tax levy to the Maximum Special Tax is equal for all Taxable Parcels
within CFD No. 99-1.
"Reserve Fund" means the fund of that name created under the Fiscal Agent
Agreement.
"Resolution of Formation" means the resolution of the City Council of the City
adopted under the Act to establish CFD No. 99-1.
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"Resolution of Issuance" means the resolution of the City Council of the City
adopted under the Act authorizing the issuance of Bonds by CFD No. 99-1.
February 1, 2000 C3 City of Rancho Cucamonga
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"Services" means the costs of recreation program services; the costs of
maintenance of parks (including an aquatic complex, a tennis complex, and a
gymnasium), parkways and open space, including the performance by
employees of all functions, including operation, maintenance and repair activities;
and related Incidental Expenses and Administrative Fees or Expenses, Also
included are services with respect to removal or remedial action for the clean up
of hazardous substances, if any, released or threatened to be released into the
environment, provided that a remedial action plan, if required, has been
approved.
"Special Tax" means any tax levied within CFD No. 99-1 pursuant to the Act
· and this Rate and Method of Apportionment of Special Tax.
"Special Tax Collection Schedule" means the document prepared by the
Finance Director and sent to the County Auditor for use in collecting the Special
Tax each Fiscal Year.
"Special Tax Re~luirement" means, for any Fiscal Year, the sum of, listed by
priority, (i) Annual Costs and (ii) Services.
"Successor Parcel" means a Parcel created by subdivision, lot line adjustment
or parcel map from an Original Parcel.
"Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel.
"Tax-Exempt Parcel" means, as of January 1st of each year, (i) any parcel
owned by a governmental entity, or irrevocably offered for dedication to a
governmental entity, (ii) any Parcel which constitutes public right-of-way or which
is encumbered by an unmanned utility easement, making impractical its
utilization for other than the purpose set forth in the easement, or (iii) any Parcel
assigned a zero value by the San Bernardino County Assessor. Notwithstanding
the foregoing, (i) a Taxable Parcel acquired by a public entity after the adoption
of the Resolution of Formation by means of negotiated transaction, or by gift or
devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and
(ii) if a public agency owning a Tax-Exempt Parcel, including a Tax-Exempt
Parcel held in trust for any beneficiary, grants a leasehold or other possessory
interest in the parcel to a non-exempt person or entity, the Special Tax shall be
levied on the leasehold or possessory interest and shall be payable by the owner
of the leasehold or possessory interest.
II. CLASSIFICATION OF PARCELS
At the beginning of each Fiscal Year, using the definitions above, the Governing Board
shall cause each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel.
February 1, 2000 C4 City of Rancho Cucamonga
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III. MAXIMUM SPECIAL TAX RATE
The maximum Special Tax for each Taxable Parcel shall equal $129.00.
IV. APPORTIONMENT OF SPECIAL TAX
Commencing with the first Fiscal Year for which the Special Tax is levied and for each
following Fiscal Year, the Governing Board shall determine the Special Tax
Requirement and levy the Special Tax until the amount of Special Taxes levied equals
the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as
follows:
(1) The Special Tax shall be levied on each Taxable Parcel in an amount equal
to 100% of the applicable Maximum Special Tax; or
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(2) If less monies are needed to satisfy the Special Tax Requirement, the Special
Tax shall be levied Proportionally on each Taxable Parcel at less than 100%
of the Maximum Special Tax; provided that, the Governing Board may levy an
amount in excess of the Special Tax Requirement if all authorized CFD No.
99-1 Bonds have not already been issued.
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V. MANNER OF COLLECTION
Collection of the Special Tax shall be by the County of San Bernardino in the same
manner as ordinary ad valorem property taxes are collected and the Special Tax shall
be subject to the same penalties and the same lien priority in the case of delinquency as
ad valorem taxes; provided, however, that the City may provide in the Fiscal Agent
Agreement or in the Resolution of Issuance for (i) other means of collecting the Special
Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of
delinquent Special Taxes.
VI. TERM OF "SPECIAL TAX"
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The Special Tax shall be collected only so long as required to pay the Annual Costs
and/or the Services. No Special Tax to pay for Annual Costs shall be levied or collected
after the 2035-2036 Fiscal Year. The Special Tax to pay for Services may continue to
be levied and collected so long as required to pay for Services.
February 1, 2000 C5 City of Rancho Cucamonga
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VII. REVIEW/APPEAL COMMITTEE
The Governing Board shall establish as part of the proceedings and administration of
CFD No. 99-1 a Special three-member Review/Appeal Committee. Any landowner or
resident who feels that the amount of the Special Tax levied on their TaXable Parcel is
in error may file a notice with the Review/Appeal Committee appealing the amount of
the Special Tax levied on such Parcel. The Review/Appeal Committee shall interpret
this Rate and Method of Apportionment and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding on
all persons.
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VIII. TENDER OF BONDS
The City Council, as the Governing Board, reserves to itself the right and authority to
allow any interested owner of property with CFD No. 99-1, subject to the provisions of
Section 53344.1 of the Act and to those conditions it may impose, and any applicable
prepayment penalties as prescribed in the Fiscal Agent Agreement or comparable
instrument or document, to tender to the CFD No. 99-1 treasurer in full payment or part
payment of any installment of the Special Taxes or the interest or penalties thereon
which may be due or delinquent, but for which a bill has been received, any Bond or
other obligation secured thereby, the Bond or other obligation to be taken at par and
credit to be given for the accrued interest shown thereby computed to the date of
tender. The CFD No. 99-1 treasurer shall thereupon cancel the Bond debt and shall
cause proper credit therefor to be entered on the records of CFD No. 99-1 and in the
bffice of the auditor and tax collector.
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In addition, provided the City Council, as the Governing Board, permits Bonds or debt to
be tendered for Special Taxes and the penalties and interest thereon, if the highest bid
for a lot or Parcel sold pursuant to a judgment of foreclosure and order of sale exceeds
five thousand dollars ($5,000) and the highest bidder elects to treat the sale as a credit
transaction pursuant to Section 701.590(c) of the Code of Civil Procedure, the balance
due as provided in that Section may be paid in full or in part by tender of Bonds or debt,
provided, however, that Bonds or debt may not be tendered for costs of foreclosure,
including attorney's fees and administrative charges incurred by the City with respect to
removing the Special Taxes from the rolls of the treasurer or tax collector, or other
administrative charge.
I February 1, 2000 C6 City of Rancho Cucamonga