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Home My WebLink About2000/09/20 - Agenda Packet City Council Agenda September 20, 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 1, Roll Call: Alexander Biane Curatalo Dutton , and WiHiams ~ B. ANNOUNCEMENTS/PRESENTATiONS 1. Presentation of a Proclamation and Certificates to the Rancho Cucamonga Little League Junior Division All-Star Team in honor of their District and Section 6 Championship. 2. Presentation of Proclamations thanking Festival 2000 sponsors for their generous donations and support of the City"s effort to provide family- oriented entertainment activities. 3. Presentation of a Proclamation commending Stephanie Voss on her State 4-H Championship Horse Show accomplishment. 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. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Warrants, Register Nos. 8/30/00 and 9/6/00 and Payroll ] ending 8/31/00 for the total amount of $3,808,742.50. 2. Approval to receive and file current Investment Schedule as of August ]0 31. 2000. 3. Approval to authorize the advertising of the "Notice Inviting Bids" for the 16 FY 2000/2001 Bus Bay improvements at various locations, to be funded from Account No. 14-4158-9946. City Council Agenda September 20, 2000 2 RESOLUTION NO. 00-177 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2000/2001 BUS BAY IMPROVMENTS AT VARIOUS LOCATIONS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval to authorize the advedising of the "Notice Inviting Bid" for the 24 Metrolink Station Expansion, Phase II Project, to be funded from Account No. 151-4637-9932. RESOLUTION NO. 00-178 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR THE "METROLINK STATION EXPANSION, PHASE I1" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval of disposition of a portion of City-Owned Property located on 31 the east side of Rochester Avenue, nodh of Base Line Road, submitted by Richmond American Homes. RESOLUTION NO. 00-179 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA, AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 'W', AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN 6. Approval to appropriate funds received from the California Department 37 of Conservation through a Grant from the California Beverage Container Recycling and Litter Reduction Act. 7. Approval to appropriate $66,500 awarded by the California State Library 38 into Library Expenditure Account. City Council Agenda September 20, 2000 8. Approval of a Resolution authorizing the destruction of City Records 39 pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 00-180 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ' AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES 9. Approval of a request from the Rancho Cucamonga Professional 44 Firefighters Association for the City to Co-Sponsor a Charity Softball Game on September 24, 2000 at the Epicenter Stadium and to waive associated fees and charges. 10. Approval of Map, Improvement Agreement, Improvement Security, and 47 Ordering the Annexation to Street Light Maintenance District No. 1 and 8 for Tract Map No. 15911, located at the nodheast corner of East Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Ryland Homes. RESOLUTION NO. 00-181 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15911, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 00-182 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR TRACT 15911 11. Approval to accept Bids, appropriate $21,000 from Fund Balance 23 57 (Drainage) and award and authorize the execution of the Contract in the amount of $67,458.60 ($61,326.00 plus 10% contingency) to the apparent low bidder, 4-Con Engineering (CO 00-068), for the construction of the Hermosa Avenue Street and Storm Drain Improvements on the east side of Hermosa Avenue 2000 feet south of Wilson Avenue, to be funded from General Funds (Maintenance), Account No. 01-4647-9940 and the appropriation from Fund Balance 23. City Council Agenda September 20, 2000 12. Approval of Professional Services Agreement with Haro Engineering & 61 Construction, Inc. (CO 00-069), to provide FY 00-01 Topographical Design Survey for street improvements at eleven different locations (see map) throughout the City, to be funded from Account Numbers: 32-4637-9968 Arrow @ 1-15 ($2,420), 01-4647-9941 Amethyst Ped ($992), 23-4637-8016 Almond Trail ,(th$1,230), 32-4637-9974 Lemon ($3,372), 32-4637-9972 Hellman @ 9 ($873), 32-4637-9973 Helms ($9t9,2), .37h-4637-9978 Terra Vista Pkwy. ($2,.8th96), .3t~2-4637-9969 Center -6 to 7 ($1,111), 32-4637-9970 Center- 7 to 8 ($1,111), 32-4637- 9975 Marine ($1.944), and 32-4637-9964 26th ($1,944). 13. Approval of Improvement Agreement Extension for Tract 13951, located 65 east side of Beryl, north of Manzanita and west of Hellman Avenue, submitted by CCRC 30, LLC. RESOLUTION NO. 00-183 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13951 14. Approval of Improvement Agreement Extension for Tract 14381. located 68 on the northwest corner of Etiwanda and Wilson Avenues, submitted by Mastercra~-Cucamonga II, LLC. RESOLUTION NO. 00-184 ?0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14381 15. Approval to accept Improvements, release the Faithful Performance 71 Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvement for Tract 15797-1, submitted by Tava Development DBA Citation Homes, located on the northeast corner of Milliken Avenue and Victoria Park Lane. RESOLUTION NO. 00-185 74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15797-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Agenda September 20, 2000 5 16. Approval to accept the Terra Vista Planned Community - Mountain 75 View Park Improvement Project from Kaufman and Broad, as complete, release the Faithful Performance Bond and accept the Maintenance Bond, and authorize the filing of a Notice of Completion. RESOLUTION NO. 00-186 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TERRA VISTA PLANNED COMMUNITY - MOUNTAIN VIEW PARK PROJECT, AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to accept Foothill Boulevard Landscape Medians Phase I from 79 Vineyard Avenue to 600 feet west of Hermosa Avenue, including landscape only between Hellman Avenue and Archibald Avenue, Contract No. 99-078 as complete, and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $983,057.25 RESOLUTION NO. 00-187 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD LANDSCAPE MEDIANS PHASE I FROM VINEYARD AVENUE TO 600 FEET WEST OF HERMOSA AVENUE, INCLUDING LANDSCAPING ONLY BETWEEN HELLMAN AVENUE AND ARCHIBALD AVENUE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 18. Approval to accept the Modification of Traffic Signals and Intersection 83 Lighting at Carnelian Street and 19th Street (SR 30), Contract No. 00- 12, as complete, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $29,500.00. RESOLUTION NO. 00-188 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MODIFICATION OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING AT CARNELIAN STREET AND 19TM STREET (SR 30), AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Agenda September 20, 2000 6 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 item 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. 1. GENERAL PLAN AMENDMENT 00-03A - CITY OF RANCHO 86 CUCAMONGA - A request to change the General Plan land use designation from Flood Control/Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length. APN No. 225-161- 64, 225-101-41,225-071-61, and 225-082-03. The County of San Bemardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendure to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, and ENSPA 00-01. RESOLUTION NO. 00-189 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-03A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR FOUR PARCELS OF _ LAND TOTALING 64 ACRES IN SIZE FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 225-161-64, 225-101-41, 225-071-61, AND 225-082-03 City Council Agenda September 20, 2000 7 2. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01 - CITY OF 86 RANCHO CUCAMQNGA - A request to change the Etiwanda Nodh Specific Plan zoning designation from Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length APN No: 225-161-64, 225-101-41,225-071-61, and 225-082-03. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, GPA 00-03A. ORDINANCE NO. 636 (first reading) 98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SEPCIFIC PLAN AMENDMENT 00-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-161-64, 225-101-41, 225-071-61, AND 225-082-03 3. CONSIDERATION OF A RESOLUTION FORMING AND 100 ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS RESOLUTION NO. 00-190 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS City Council Agenda September 20, 2000 8 RESOLUTION NO. 00-191 121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAXY LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON G..~. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. 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. 1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES 126 UPDATE 2. REPORT OF DUMPING ON ETIWANDA NORTH OF HIGHLAND 3. REVIEW OF HISTORY OF SLUMP STONE WALL ISSUE LOCATED AT 6549 EGGLESTON PLACE, RANCHO CUCAMONGA.__ City Council Agenda September 20, 2000 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 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 September 14, 2000, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: 00-30-00 COO/Q1) RUN DATE: 08/30/00 PAGE: 1 ..... ...... ...... ..... .. .... .... ..... ...... .... .. ;~ CNECKJ OVERLAP 667 ARBORHEAD CREDIT UNION VISA MONTHLY BILLINGS t 155618~ 235°98 <C< 155619 - 155767 6309 ADAMSONs RONALD INSPECTION SERVICES # 155768; T,106o00 ((< 155769 - 155750 5960 91 EXPRESS LAMES TRANSPSN~ERS 155751 250.00' 6635 A G K PHOTOGRAPHY PHOTO DEVELOPING G SUPPLIES 155752 5.32 1098 AoGo ENG~NEERXNG, XNC. pROFESSIONAL SERVICES 155753 56.03 I A~EGUZpMENT RENTALS CO°m 1NO° VEHICLE NAINTENANCEISUPPL~ES 155156 88,55 2752 ARC LOCKSMITHS MAINTENANCE SUPPLIES 155755 21°16 2636 ABM BUSINESS MACNXNE Sm XNCo PROFESSIONAL SERVICES 155756 239°50 16 ACT10N TRAVEL AGENCY AXRLINE TICKETS 155757 99,00 ZZOZO ADAMEm NANCY RECREATION REFUND 155758 50,00 '6309 ADAMSONm RONALD INSPECT10N SERVICES I 155759 21264 ALDEN KELLEY CONSULTING ARBORI~T 6USINESS LICENSE REFUND 155760 4337 ALFAX WHOLESALE FURNZTUREm INC~ OFFICE EQUIPMENT 155761 672,95 Z2165 ALL PRO ELECTRIC BUSINESS LICENSE REFUND 155762 56,90 5743 ALLEN COLLISION CENTER; JAMES VEHICLE MAINTENANCE 155763 1.525o55 17 ALTA FIRE EQUIPMENT COo SERViCE/SUPPLIES 155766 16°28 5656 AMERICAN FIRST A~D ~ SAFETY SUPPLIES I 155765 156.19 2561 AMERON POLE PRODUCTS DXVXSXQN TRAFFIC SXGNAL POLES 155766 5,98Z.44 5807 ARCHITERRA DESIGN GROUP pROFESSIONAL SERVICES 155767 667 ARROHHEAD CREDIT UNION VXSA MONTHLY BILLINGS I 155768 Z~500o00 6669 ARROHHEAD NOUNTA/N SPRING MATER OFFICE $UPPLXE$ 155769 517o50 16 ASSOCIATED ENOZNEERS ' PROFESSIONAL SERVICES 155770 Z~167o50 402 AUTO RESTORATORS VEHICLE MAINTENANCE I 155771 213.36 6101 B & K ELECTRIC WHOLESALE MAINTENANCE $UPPLZES 0 155771 Zs766°14 1066 BAKERs DUANE RECREATION'REFUND 155773 ZO°O0 33 BASELINE TRUE VALUE HARDHARE MAINTENANCE SUPPLIES i 155774 625°66 6161 BASSETT-SMZTNs TERRZ RECREATION REFUND 155775 27°95 6743 OC MIRE ROPE COMPANY RECREATZDN REFUND 155776 66, Z7 2820 BERNELL HYDRAULZCSs ZNCo NAENTENANCE SUPPLIES I 155777 186o10 4407 BETTER ENERGY IDEAS pROFESSXOMAL SERVICES 155778 ZOYoSO 6718 OLACK*$ CONCRETE pUAPZNG MAINTENANCE SUPPLIES 155779 lIE°DO 21206 C & C CON-OGRE CODe ZNCo BUSINESS LICENSE REFUND 155760 10,26 1215 CALSENSE OFFICEIMAXNTENANCE EQUZPMENT i 155761 1,056o39 22267 CANDELARZAs NXCHAEL RECREATION REFUND 0 155782 51,00 2571 CARDINAL ~NDU$TRZAL FINISHES HAINTENANCE SUPPLIES 155783 121,81 6538 CARPENTER'S ~0OD SHOP pROFESSIONAL SERVICES I 155784 4e355o00 ZZZ68 CASEY, JUDITH RECREATION REFUND 155785 ZZ°ZZ 73 C~TRU$ NOTORS ONTARIO, ZNCo VEHICLE MAINTENANCE/SUPPLIES I 155786 ZeSOZ°99 74 C[TY RENTALS EQUIPMENT RENTAL/SUPPLIES I 155787 19367,31 AZ79 CLARK, DEBORAH REZMGURSE FOR 6U$ZNESS EXPENSE 155788 35,54 6215 CN SCHOOL SUPPLY RECREATION'SUPPLIES 155789 95.8Z 663 COMpUTERLAND COMPUTER MAINTENANCE/SUPPLIES # 155790 '63) CONSOLIDATED ELECTeICAL DZSTo MAINTENANCE SUPPLIES 155791 1,970o63 21263 CPSRPTC REGISTRATION 15579Z 169o00 2Z263 CpSRPTC REGISTRATION 155793 189°00 ((( 155194 - 155798 MONTHLY HATER DXLLINGS t 155790 76eY35°66 85 CUCANONGA CO HATER DXST 8s607o50 105 DAN GUERRA G ASSOCIATES CONTRACT SERVICES 155600 ..%..1678 DAPPER TIRECD VEHICLE MAZNTENANCE/SUPPLZES 155801 ZeY18o66 CiTY OF RANCHO CUCAHONGA LIST. OF MARRANTS FOR PERIOD: 08-30-00 (00/013 RUN DATE: OO/)O/OO PAGE: 1 VENDOR NAME · 1TEN OE$CREPTIDN NARR NO MARR, ANT, ~ CHECK6 OVERLAP 6T36 DAVIS· CZNOY REIMBURSEMENT 155802 41,87 1290 DEER CREEK CAR MASH VEHICLE HAINTENANCE/SUPPLIE$ 155805 189.00 60 DELTA DENTAL DENTAL iNSURANCE 155806 26,691o6& 107 DETCO OFFICE SUPPLIES 155695 19o16 839 DIETERICH INTERNATIONAL TRUCK" VEHICLE HAINTENANCE 155806 9·611,50 3364 EIGHTH AVENUE GRAPHICS OFFICE SUPPLIES I 155807 Z69.69 6524 ELLX$ON EDUCATIONAL EQUIPMENT ~NC, LIBRARY SUPPLIES I 155808 113o14 511 EHBASSY SUITES CoHoBoToA, HEETXNG 155809 611o88 229 EBING IRRXGATION PRODUCTS IRRIGATION SUPPLIES R 155810 1·323o09 4914 EXCLUSIVE ENAGE$ OFFICE SUPPLIES 155811 ZO.0Z 5917 FASTENAL COHPANY HAINTENANCE SUPPLIES I 155812 4817 FATLAND, SAMARA REIRBURSENENT 155813 115o00 123 FEDERAL EXPRESS CORP DELIVERY SERVICE 9 155814 Zllo51 6556 FINESSE PERSONNEL ASSOCIATES PERSONNEL SERVICES I 155815 Z·088o30 4371 FISHER SCIENTIFIC NA/NTENANCE SUPPLIES I 155616 371o99 &1380 FONTAXNEe NOEL SETTLEHENT PAYHENT 155817 25.00 1840 FORD OF UPLAND, INC, VEHICLE HAZNTENANCE 9 155616 3,811o43 1082 FRANKLIN COVEY CO, OFFICE SUPPLIES I 155819 98,38 5928 G E SUPFLY MAINTENANCE SUPPLIES I 155820 1,649o89 5663 GEO PLASTXCS, XNC, MAINTENANCE SUPPLIES 155821 Z,893,~1 6590 GER/*SSCREENPRZNTING RECREATION SUPPLIES I 155622 191.47 5955 GOLDEN BEST DISTRIBUTING RECREATION SUPFLIES 155813 96.64 650 GRAINGEM, N,No MAINTENANCE SUPPLIES 155824 A01~ GRANT, RITA CONTRACT SERVICES 155825 123,00 5066 GREAT NEST EQUIPMENT, iNC, HAINTENANCE EQUIPMENT 155816 463°95 3827 GREEN RaCK PDMER EQUIPMENT HAZNTENANCE SUPPLIES I 155827 E39.68 4686 GUARDXAN HEDZCAL PREHIUR 155828 956o10 5699 HARALAHOOS 6EVERA6E COHPANY RECREATION SUPPLIES 155829 &Z&.60 462 HCS-CUTLER STEEL COo EQUIPMENT NAZNTENANCE 155830 2256 HI-LINE ELECTRIC COHPAIff HAZNTENANCE EQUIPMENT 155831 209°29 4724 HI-WAY SAFETY, ENCo HAENTENANCE SUPPLIES 155832 197o50 158 HOLLIDAY ROCK CD°e INCo HAINTENANCE SUPPLIES I 155833 1,511e13 2255 HOLT°S'AUTO ELECTRIC MAINTENANCE SUPPLIES 155834 1&0o08 4852 HOPKINS, LORI NILEAGE REIMBURSEMENT 155835 500°00 1234 HOSENAN MAINTENANCE SUPPLIES 155836 3°08 33097 HOUSING ACTION RESOURCE TRUST REXHEURSENENT 155837 465°00 495 HTDRQ-SCAPE PRODUCTS· XNC LANDSCAPE HAENTENANCE SUPPLIES I 155838 1,34Z,63 1218 iNDUSTRiAL DISTRiBUTiON GROUP MAINTENANCE SUPPLIES 155859 100o34 32103 INLAND EMPIRE MAGAZINE SUBSCRIPTEON 155840 9°98 6718 INLAND TOP $O~L NIXES HAXNTEMANCE SUPPLIES 155841 107o75 92 INLAND VALLEY DALLY BULLETIN SUBSCRIPTIONS IS5841 154o96 2315 iNLAND MHOLESALE NURSERY HAZNTENANCE SUPPLIES · 155845 115oi8 345Z XNTRAVAXA ROCK G SAND MAINTENANCE SUPPLIES 155844 90°00 1507 XNVENSYS BUiLDiNG SYSTEMS XNCo SERVXCE/SUPPLXES 155845 14Tl iRON AGE CORPORATION' SAFETY SHOES I 155846 611 JAESCHKE XNCo· CoRE VEHICLE MAINTENANCE 6 15584T 669.08 6565 JOHNSON, CHARLOTTE SUBSCRiPTiON RENEHAL 155648 561.00 6618 K,A,So EQUIFMENT g RENTAL, XNCo RECREATION REFUND 155849 6674 XELLEY, KRXSTY RECREATION REFUND 155650 92°66 ~!,,.,~ 5059 KINKO°S COPIES RECREATION SUPPLIES 155651 6090 KDNG, SOPHAK BUSINESS LICENSE REFUND 155852 480°00 CXTY OF RANCHO COCAMONGA LXST OF VARRANTS FOR PERIODS 08-30-00 COO/Oi) RUN DATE: OG/)O/OO PAGE: 3 VENDOR NAME ' ~ XTE~ DESCREPTION NARR NO eARn. ART. :(~ GHECK8 0VERLAP 197 LEAGUEOF CALIFORNIA CiTiES ANNUAL DUES 8 155853 69°00 367 LEAGUE OF CALiFORNiA CiTiES FINANCIAL NGNT. NEETZNG 155854 3ZGoQQ 979 LENZS OPERATING CORP. REFUND OF DEVELOPMENT FEES i55855 19.00 5812 LIBRARY VIDEO COHPANY LIBRARY SUPPLIES 155856 59.90 5686 LZLBURN CORPORATION PROFESSIONAL SERVICES I 155857 1,404.85 1455 LONG'SDRUGS FiLM PROCESSING I 155858 16o95 53088 LOPEEl JORGE REZNBURSERENT 155859 400°00 5661 LOS ANGELES CDCA COLA BTL. CO. RECREATION SUPPLIES 155650 72 HARK CHRiSt ~NCo VEHICLE HAZNTENANCE SUPPLIES 155861 S6o23 &TiT HARSHALL PLUNDER6 REHAO. PRODRAN 155861 79.00 150 NARTZNEZ'TONZNG AND AUTDMOTEVE TONEND SERVICES I 155863 180.00 3871 NATT°S HARDWARE MAINTENANCE SUPPLIES 155864 13.61 5300 NAYERe COBLEG PALHER PROFESSIONAL SERVICES 1558~5 1,100.08 6752 HERANT RECREATION REFUND 155866 1,370o00 1198 MICHAEL: STORES iNC. E3018 RECREATION SUPPLIES 155867 315o71 5851 HIDNEST TAPE LEORARY SUPPLIES 155868 121o95 iTS6 MOORE, DAVE REXNBelFOUNDERS DAY SUPPLIES 155869 69°00 &TS9 MORENAN MICHAEL DEPOSIT REFUND 1558Y0 ZSO.OO IOZO NUUNTAIN VEEW GLASS g MIRROR MAINTENANCE SUPPLIES 8 155871 312.76 861 MOUNTAIN VZEN SHALL END- REPAIR MAINTENANCE SUPPLIES i 155871 6758 NATIONAL ALLIANCE FOR YOUTH SPORTS LICENSE RENENAL 155873 350.00 744 NATZONAL DEFERRED DEFERRED CONP 155874 Ze611.O0 681& HEN URBAN NEbS RECREATION REFUND 155875 79°00 S301 HEN WEST SZGNAL MAINTENANCE 155876 2,655.00 433 NZXON-EGL! EQUIPMENT VEHICLE MAINTENANCE 5 155877 1,122o91 (<< 155878 - 155879 S,6ZGoTO 513 OFFICE DEPOT OFFICE SUPPLIES 8 155880 S603 DFFXCE MAX OFFICE SUPPLIES 8 155881 151oZZ 365 OLD QUAKER PA[NT COMPANY NAZNTENANCE SUPRLEES 155882 T04.03 6566 DLZVA, PHiLiP RECREATION REFUND 155883 IZOoO0 1948 ORACLE CORP. MAINTENANCE SERVECE 155886 3,231.41 5461 ORCHARD SUpPLYHARDNARE HAXNTENANCE SUPPLIES I 155885 1,181.26 818 pARAGON BUILDING pRODUCTS XNCo CONCRETE SUPPLIES 155886 135.60 6597 pAVERENT RECyCLiNG SYSTEM RECREATION REFUND 155687 855°00 757 PEP DOTS VEHICLE MAINTENANCE SUPPLIES t 155888 128.35 4167 pETE°S ROAD SERVICE VEHICLE SERVICE & SUPPLIES I 155869' 3,887°63 6168 PIRONt $HAUN CONTRACT SERVICES 155890 180o00 Z55 pOMA DiSTRiBUTiNG CO VEHICLE MAINTENANCE ~ SUPPLIES 155891 35.61 1069 pOMONA VALLEY KANASAK[ VEHICLE HAXNTENANCE SUPPLIES 8 155891 587.36 693 pONERSTRZDE BATTERY COot iNCa VEHICLE MAINTENANCE SUPPLIES I 155893 195.23 5286 pRINCiPAL LiFE NEBICALID~SABXLXTT iNSURANCE 155856 64,617o38 5556 QUALITY BOOKS, INto LIBRARY SUPPLIES 155895 75.37 5899 QUALITY ONE ENGRAVERS OFFICE SUPPLIES 155896 10o78 6569 QUINN, SHERLZNE BUSINESS LICENSE REFUND 155897 131,15 ,251 R A R AUTOMOTIVE VEHICLE NAENT,$UPPLEES&SEEVXCE 155898 71o82 264 RALPHS GROCERY COMPANY RECREATION SUPPLIES 8 155899 31o72 70 RANCHO CUCANDNGA CHAMBER RENDERSHiP NEETEND E 155900 350°00 3821 RE-PRiNT CORPORATEON OFFICE SUPPLIES I 155901 257.16 SAG RED RING:HOE STORE SAFETY BOOTS 155902 2o350o01 REYNOLDS & REYNOLDS OFFICE SUPPLIES t 155903 1,010o51 1660 155906 220o00 ~J~ 6518 RHYTHM ENTERTAINMENT RECREATION REFUNDS CiTY OF 8ANCHQ CUCANOHGA LiST OF VARIANTS FOR PERiOD: 08-30-00 COO/Oi) RUN DATE: QB/BO/QQ PAGES 6 VENDOR NAME ITEM DESCRiPTiON NARR NO VARR. ANT. O0 CNECKI OVERLAP S618 RiCHAROSe NATSQNw t GERSHQH LEGAL SERVICES J 155905 3314 ROBINSON FERTILZZER LANDSCAPE SUPPLIES E 155906 Z1658.52 6673 ROTH STAFFING CQHPANIES, ZNC RECREATION REFUND 15590T 910.QQ 6619 RVC ROADNAY CONSTRUCTION, ZNC o~ RECREATION REFUND 155908 22,662.09 XZR2 S ~ S ARTS AND CRAFTS RECREATION SUPPLIES 0 155009 186.84 5538 SAN ANTONEO NATERTAL$ MAINTENANCE SUPPLIES 155910 160o65 216 SAN BERN COUNTY NONTNLY SERVICE ~55911 6eT17;68 581 SAN BERN COUNTY CAL-iD PROGRAN 0 13591Z 56°75 58~ SAN 8ERR COUNTY CAL-iO PROGRAH 158913 ZioOO 301 SAN BERN COUNTY SHERIFFS CONTRACT SHERIFFS SERVICE 8 155914 880tB24o00 501 SAN BERN COUNTY SHERIFFS CONTRACT SHERIFFS SERVICE I 155915 9,225°06 132 SAN DIEGO ROTARY BROON CON iNC' NAZNT SUPPLIES I 1559~6 eZO.S8 35X SiGN SHOPe THE MAZNT SUPPLIES 0 Z559Z7 378o8Z 1327 SNART g FINAL DAY CAHP SUPPLIES I lB593,8 99°69 317 SO CALZF EDISON COo NDNTNLV ELECTRIC BiLLiNGS 155919 tZ590 SORRELL, JODi BUSINESS LICENSE REFUND 155920 280o00 <(< 155921 - 155926 1432 SOUTHERN CALiFORNiA EDISON NONTHLY ELECTRIC 61LL5 I 185925 679938°56 5722 SPECTRA COHPANV LABOR AND SUPPLIES 155925 660.00 12762 SUNTANER CONSTRUCTION RECREATION REFUNDS 155927 18o00 2366 TARGET YOUTH PRQGRAN & DAY CANP SUPPL I 155928 &159 TECHNOLOGY SERVICES CONSULTIND:GRP BUSINESS LICENSE REFUND 155929 11,T80o09 3961 TERNZNXX iNTERNATIONAL NONTNLY PEST CONTROL SERVICE I 155930 1ZBoOB 12763 TNZENES ENGiNEERiNG, INC HOTEL RESERVATIONS 155931 ZS.O0 6351 TOBZNe RENEE RECREATION REZNBURSENENT I 155932 18o68 3388 TRUGREEN - LANDCARE REGIONAL PROFESSIONAL SERVICES I 155933 16,879o00 6558 U S GUARDS COo, ZNCo SECURITY GUARD SERVICE · 155936 Ze4~T.87 ((( 158935 -- 155935 3437 UNIFiRST UNZFORH SERVICE UNZFORR SERVICES I 155936 1,618o95 ¢¢< 15B937 - 155937 137 VERZZON CALIFORNIA NONTHLY TELEPHONE BiLLiNGS i 155938 10021o60 ((¢ 155939 - 155939 6061 VERiZON MIRELESS BUSINESS LICENSE REFUND 0 185960 2,T75.51 476 VERNEER-CALZFORNZA NAINTENANCE SUPPLIES 185961 117o38 699 ViSiON SERVICE PLAN - (CA) NONTHLY ViSiON SERVICE 8ILLiNG 155942 8e679o62 11756 NADDELL & REEDt iNC CASH ADVANCE 155963 66°00 IZSTO MASKDe VICTORIA RECREATION REFUND 155966 160o00 6002 HASTE NANADENENT MASTE NANABENENT 8 15594.5 155o07 213 NAXZE, KLEEN-LZNE CORP HAXNT SUPPLIES 185946 833oZ0 11750 NESSEL, TANZ RECREATION REFUNDS 15896T 252°00 limB8 VHEATONe NANDV RECREATEON REFUND 155968 10o73 509 XEROX CORPORATION CUPY NACHZNE SUPPLiES/SERViCE 155969 72.89 1ZT65 YOSTt CARA BUSINESS LICENSE REFUND 155950 3°50 lZT66 ZEXNZS, KXNBERLV BUSINESS LICENSE REFUND 155951 3ZoOO 368 ZEP RANUFACTURXNG CDHPANY VEHICLE NAXNT SUPPLIES # 15595Z 1,818o84 ~; TOTAL ~t389,685.43 CITY OF RANCHO CUCAMONGA LIST OF WARRANTS FOR PERIOD: 09-08-00 (00/01) RUN DATE: 09/08/00 PAGE: 1 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AMT. 5533 CLAYTON GROUP SERVICES, INC. PROFESSIONAL SERVICES 155471~ g48.25- 12760 WEIANT, JANICE RECREATION REFUNDS 155740~ 80. O0- <<Z< 155741 - 155746 >>> 22262 CHICAGO TITLE CO. PURCHASE OF 16.87 ACRES 155747~ 557,500.00 581 SAN BERN COUNTY CAL-ID PROORAM # 155912~ 56.75- I0 A ~ R TIRE SERVICE VEHICLE MAINTENANCE # 155~58 3,370.31 6507 AAA PORTABLE RESTROOM CO. RECREATION REFUND 155957 44000 2732 ABC LOCKSFFIITNS MAINTENANCE SUPPLIES # 155958 233.82 22273 ABELLA, IRENE RECREATION SUPPLIES 155959 700 7 ABLETRONICS MAINTENANCE SUPPLIES 155960 26.92 8870 ADAPTIVE ENGINEERIN~ LTD. RECREATION REFUND # 1559~1 7,830.00 2838 ADIRONDACK DIRECT RECREATION EQUIPMENT 155962 125.50 211 ADT SECURITY SERVICES, INC. ALARM SERVICE 155983 28~.00 22274 AGUIRRE, MARIE-ESTHER RECREATION REFUND 155964 140.00 973 ALPHAGRAPHICS OFFICE SUPPLIES 155966 293.19 1430 AMERICAN BUSINE8S FORMS OFFICE SUPPLIES 155967 2,596.82 2693 AMTECH ELEVATOR SERVICES MONTHLY SERVICE # 155968 837.34 22037 AMUSEMENT BUSINESS ANNUAL SUBSCRIPTION 155969 i2e. O0 22277 ARAUJO, CHARLIE RECREATION REFUND 155970 24.00 6761 ARMSTRONG GARDEN CENTERS RECREATION REFUND 155971 48.39 22285 AZAM, SHAISTA RECREATION REFUND 155972 ~9.00 22284 BARIN, MARYLOU RECREATION REFUND 155973 33.00 4475 BARNES & NOBLE LIBRARY SUPPLIES # 155974 1,086.88 32124 BARNETT, SUSAN MILEAGE REIMBURSEMENT 155975 46.48 22279 BARTELT, ~LORIA ~ VICKIE RECREATION REFUND 155978 130.00 22257 BATTAFARANO, RAGUEL RECREATION REFUND 155977 155.00 ~527 BEYOND. COM SOFTWARE # 155~78 e8,91 6585 BILLIK PRODUCTIONS, M. RECREATION REFUND 155979 2~000.00 8301 BLUE OCEAN SOFTWARE, INC. MAINTENANCE SUPPLIES # 155980 80.00 22289 BOURNE, DEBORAH RECREATION REFUND 155981 33.00 22280 BROOKSi JEANNINE RECREATION REFUND 155982 13000 22278 BURKE, ~AREN RECREATION REFUND 155983 120.00 4410 BURNS INTERNATIONAL SECURITY PROFESSIONAL SERVICES ~ 155984 4,423.09 2440 BURRUSO, LISA INSTRUCTOR pAYMENT 155~85 55.80 4412 CALIFORNIA ELECTRONIC ENTRY MAINTENANCE SUppLIES/SERVICE # 155986 93~.00 22270 CALONGE, SANDRA RECREATION REFUND 155987 700 2~271 CAPUTO~ ELIZABETH RECREATION REFUND 155988 35.00 68 CENTRAL CITIES SIGNS, INC. MAINTENANCE SUPPLIES # 155989 11,560.58 5845 CERAMICS & CRAFTS CERAMIC EQUIPMENT & SUppLIES # 155990 217.18 6052 CHARTER COMMUNICATIONS ADVERTISINQ FEE 155991 41.40 22278 CHAVEZ, DEBORAH RECREATION REFUND 155992 30 O0 8095 CHILDCRAFT EDUCATION CORP. RECREATION REFUND # 155993 79.48 5514 CITY NATIONAL BANK LEASE RENTAL ~ 155994 30,~48.20 22275 CLARK SR., DERRICK RECREATION REFUND 1559~5 21.00 4654 CLAYTON~ JANICE CASH ADVANCE 155998 115.00 22282 CLEMENT, AUDRA RECREATION REFUND 155997 33.00 8464 COASTAL BUILDING SERVICES, INC. OANITORIAL SERVICES 155998 14,60500 CITY OF RANCHO CUCAMONGA LIST OF WARRANTS FOR pERIODi Oe-06-O0 (00/01) RUN DATE: 0~/O6/00 PAGE: VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AMT. 643 COMPUTERLAND COMPUTER MAINTENANCE/SUPPLIES # 155~e~ 3,443.21 22283 COONEY, LUCIA RECREATION REFUND 156000 17.50 22272 COXSEY, JONNIE RECREATION REFUND 156001 7.00 e7 CPRS REGISTRATION 156002 140.00 85 CUCAMONGA CO WATER DIST MONTHLY WATER BILLINGS ~ 156004 21,574.45 105 DAN GUERRA & ASSOCIATES CONTRACT SERVICES # 156005 47~161.00 5138 DIAMOND FENCE CO. SUPPLIES/SERVICE 156006 5~0. O0 83~ DIETERICH INTERNATIONAL TRUCK VEHICLE MAINTENANCE 156007 211,678. O0 580~ DIETERICH-POST COMPANY OFFICE SUPPLIES ~ 156008 3~575 41032 DOMINGUEZ & STRONG INVESTIGATIONS BUSINESS LICENSE REFUND 15600e 23 40 6474 DOOR HARDWARE SERVICES MAINTENANCE SERVICE/SUPPLIES 156010 436.84 41381 DOOR SALES INCORPORATED BUSINESS LICENSE REFUND 156011 le. 62 41382 DYE, CAROL RECREATION REFUND 156012 66.00 77~ E-Z RENTALS RECREATION RENTAL 156013 34ees 667e EARPHONE CONNECTION, INC. OFFICE SUPPLIES 156014 540.13 6716 ECONOMICS PRESS, INC., THE SUBSCRIPTION 156015 23. I4 41383 ELEMENT K JOURNALS SUBSCRIPTION 156016 3806 ETIWANDA SCHOOL DISTRICT FACILITY RENTAL 156017 3,080.00 41384 EVERSOFT, INC. BUSINESS LICENSE REFUND 156018 10.00 5~17 FASTENAL COMPANY MAINTENANCE SUPPLIES ~ 15601~ 174.57 6556 FINESSE PERSONNEL ASSOCIATES PERSONNEL SERVICES 156020 103.06 3088 FIRST STOP MOTORSPORTS, INC. VEHICLE MAINTENANCE 156021 33e. 84 41385 FLEMING, PAMELA RECREATION REFUND ~ 156022 40.00 6685 FOOTHILL BEVERAGE COMPNAY RECREATION SUPPLIES ~ 156023 17e. 30 2840 FORD OF UPLAND, INC. VEHICLE MAINTENANCE 156024 7~.25 41023 FORECAST HOME MORTGAGE, LLC BUSINESS LICENSE REFUND 156025 46 O0 41386 FRANZOSOi SUNNY RECREATION REFUND 156026 33.00 6628 Q & M BUSINESS INTERIORS MAINTENANCE SUPPLIES 156027 6,565. 6232 GADABOUT TOURS, INC RECREATION # 156028 1,131.20 4121e GAITAN, COLLEEN RECREATION REFUND 15602e 5~.00 4540 GALE GROUP, THE LIBRARY BO0~S 156030 121.86 41387 GALIOTO, JOANNA RECREATION REFUND 156031 28.00 41388 GARCIA, VICTORIA RECREATION REFUND 156032 20.00 41347 GILBERT, REBECCA RECREATION REFUND 156033 33.00 4138e GONZALEZ~ MARIA RECREATION REFUND 156034 155.00 650 GRAINGER, W.W. MAINTENANCE SUPPLIES 156035 ~O. e4 4014 GRANT, RITA CONTRACT SERVICES 156036 21.00 3827 OREEN ROCK POWER EGUIPMENT MAINTENANCE SUPPLIES # 156037 1,657.81 413e0 GUERRERO, ANA RECREATION REFUND 156038 166.50 330e8 HAMSLY, DIANNE RECREATION 15603e 3300 462 HCS-CUTLER STEEL CO. EGUIPMENT MAINTENANCE 156040 47.76 33104 HERB, MICHELLE RECREATION ~ 156041 48~5 HILLSIDE COMMUNITY CHURCH MONTHLY RENT 156042 2,500.00 3308e HILLSIDE COVE ASSOC LLC BUSINESS LICENSE 156043 20.00 158 HOLLIDAY ROCK CO., INC. MAINTENANCE SUPPLIES ~ 156044 387.17 6587 HOLMES & NARVER, INC. RECREATION REFUND 156045 6,843.55 33121 HOLTINGi TRISH RECREATION 156046 ~0.00 1234 HOSEMAN MAINTENANCE SUPPLIES 156047 22.25 33114 HYDER~ NASIMA RECREATION- 156048 200.00 4~5 HYDRO-SCAPE PRODUCTS, INC LANDSCAPE MAINTENANCE SUPPLIES 15604e 247.60 CITY OF RANCHO CUCAMONGA LIST OF WARRANTS FOR PERIOD: 09-06-00 (00/01~ RUN DATE: 09/06/00 PAGE: 3 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AMT. ~ CHECK~ OVERLAP 4254 IBM CORPORATION MAINTENANCE SUPPLIES ~ 156050 1,896.49 5519 INFORMATION TECHNOLOGY GROUP MAINTENANCE 156051 1~094.50 3736 INLAND EMPIRE SOCCER REFEREE ASSN. MEN~S SOCCER PROGRAM # 156052 1,682.50 4718 INLAND TOP SOIL MIXES MAINTENANCE SUPPLIES 156053 107.75 12~ INLAND VALLEY DAILY BULLETIN ADVERTISING ~ 156054 5~138.16 33090 J R HARRIS ELECTRIC CO. BUSINESS LICENSE 156055 30.76 33091 JACk BYSTORM'S AUTOMOTIVE BUSINESS LLICENSE 156056 121.50 33113 JACKSON, BARABRA RECREATION 156057 25.00 33092 JAS~A BUILDINO SYSTEMS INC BUSINESS LICENSE 156058 7.61 33127 JILES, JULIE RECREATION 156059 68.00 6565 JOHNSON, CHARLOTTE SUBSCRIPTION RENEWAL 156060 297.00 33130 JOHNSON, STEPHAN ATTORNEY AT LAW BUSINESS LICENSE 156061 45.99 33099 KANECHIKA~ CHERYL RECREATION ~ 156062 25.00 33105 KECHOUR~ DAVE AND CHERIE RECREATION 156063 20.00 33117 RENDRICK, NORA RECREATION 156064 700 6090 KONG, SOPHAK BUSINESS LICENSE REFUND 156065 48000 3312~ KRU~ER~ ~ERIE RECREATION 156066 110.00 5545 L S A ASSOCIATES, INC. PROFESSIONAL SERVICES ~ 156067 11,141.66 4242 LAIDLAW TRANSIT, INC. TRANSPORTATION SERVICES 156068 346.22 339 LAM, JACK LEAGUE MEETING 156069 10000 CITY OF RANCHO CUCAMONOA LIST OF WARRANTS FOR PERIODi 09-06-00 (00/OI) RUN DATE: 09/06/00 PAGE: 4 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AMT. 2248 NAPA AUTO PARTS VEHICLE MAINTENANCE ~ 15610I 2,761.09 33124 NIXONi PAMELA RECREATION 156102 33.00 5428 NOLO PRESS LIBRARY SUPPLIES 156103 1~736.95 5314 NRPA MEMBERSHIP CUES 156104 317.00 33100 O'HARA JAMIE RECREATION 156106 33.00 33125 OFFERMAN~ LINDA RECREATION 156107 14.00 523 OFFICE DEPOT OFFICE SUPPLIES # I56109 2,730.40 232 OMNITRANS BUS PASSES 156110 306.00 6722 OPEN APPS RECREATION REFUNDS 156111 1,530.00 5461 ORCHARD SUPPLY HARDWARE MAINTENANCE SUPPLIES 156112 30.44 1824 ORIENTAL TRADING MAINTENANCE SUPPLIES 156113 242.85 33103 ORTEGA, NATALIE RECREATION 156114 33.00 4904 OTT, LAURA INSTRUCTOR SNR. EXERCISE CLASS ~ 156115 253.75 33087 PACIFIC EYE INSTITUTE MISC 156116 7500 33119 PARADA, KIMBERLY RECREATION 156117 40.00 33108 PARKEY, CONCHETTA RECREATION 156118 33.00 5409 PARTSMASTER~ INC. MAINTENANCE SUPPLIES 156119 37.16 33132 PATEL~ DIPTI D RECREATION 156120 66.00 33128 PBD, INC. MISC 156121 275.00 33095 PIC N SAVE # 322 BUSINESS LICENSE 156122 4600 6211 PIONEER-STANDARD ELECTRONICS RECREATION REFUND 156123 12,943.74 6148 PIRON, SHAUN CONTRACT SERVICES 156124 192.00 6206 PLANNINQ CENTER, THE BUSINESS LICENSE REFUND 156125 7,624.14 33110 PORTILLO~ JOSIE RECREATION 156126 3300 555~ GUALITY BOOKS, INC. LIBRARY SUPPLIES ~ 156127 200.41 33129 QUALITY HOTEL MAINGATE MEETING 156128 218.50 33129 QUALITY HOTEL MAINGATE MEETING 156129 218.50 ~569 GUINN~ SHERLINE BUSINESS LICENSE REFUND 156130 280.00 2705 R H F, INC. VEHICLE MAINT SERVICE&SUPPLIES ~ 156131 231.67 12767 RAMOSi NATALIE BUSINESS LICENSE REFUND 156132 33.00 228 RANCHO CUCA REDEVELOPMENT AQENGY REIMBURSE ~RANT FUNDS 156133 495,000.00 12768 RAYFORD, PAMELA 94/95 KICKOFF CAMPAIGN 156134 16.52 4130 RBM LOCK & KEY SERVICE MAINTENANCE SUPPLIES ~ 156135 9.70 12769 REDMAN~ DONNA ICMA MEETINO 156136 17.50 12770 REDMAN~ KARI RECREATION REFUND 156137 17.50 12771 RESTAURANT EQUIPMENT FABRICATORS RECREATION REFUND 156138 60.36 12772 RILEY, JENNIFER RECREATION REFUND 156139 46.00 12773 ROCAS~ RUDY RECREATION REFUND 156140 200.00 12774 ROSSI pAINTING CO, INC ANNUAL FEES 156141 1188 5745 SAFELITE CLASS CORP. SERVICE AND SUPPLIES ~ 156142 376.00 581 SAN BERN COUNTY CAL-ID PROGRAM # 156143 110.00 581 SAN BERN COUNTY CAL-ID pROGRAM ~ 156144 56.75 3249 SAN BERN COUNTY FILING FEE 156145 21,583.33 5338 SAN BERNARDINO, CITY OF TELETHON SUPPORT 156146 135.00 6604 SCHNEIDER~ DANIEL RECREATION REFUND 156147 50.00 3896 SENECHAL, CAL INSTRUCTOR pAYMENT ~ I56148 198.00 5005 SHAFTON~ INC. PROTECTIVE SUPPLIES 156149 2,591.42 4~53 SHALIMAR TOURS & CHARTER RECREATION TRIP 156150 38291 12775 SHORT~ JOY I YEAR MEMBERSHIP 156151 32.00 CITY Or RANCHO CUCAMONGA LI8T OF WARRANTS FOR PERIOD: 09-06-00 (00/01) RUN DATE: 09/06/00 PAGE: 5 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AMT. 12776 SLATER~ GABRIELA BUSINESS LICENSE REFUND 156152 33.00 1327 SMART & FINAL DAY CAMP SUPPLIES ~ 156153 557.75 11864 SNYDER, SHANNON RECREATION REFUNDS 156154 66.00 317 SO CALIF EDISON CO. MONTHLY ELECTRIC BILLINGS 156155 9~641.46 1432 SOUTHERN CALIFORNIA EDISON MONTHLY ELECTRIC BILLS ~ 156164 11860 SOUTHERN CALIFORNIA TURFGRASS CNCL TURFORASS SEMINAR 156165 60.00 4663 SPORT SUPPLY QROUP, INC. RECREATION SUPPLIES 156166 312.76 4986 STERLING COFFEE SERVICE MAINTENANCE 156167 33.35 12777 STEVENS, SHANE PROFESSIONAL SERVICES 156168 24.00 12778 STRATTON~ DEBBRA SUBSCRIPTION 156169 33.00 6631 SURVEYORS INSTRUMENT SERVICE COl RECREATION REFUND 156170 19,853.00 6300 SWANk MOTION PICTUREI INC. ADVERTISING ~ 156171 12779 SY~ MORENITA DINNER RESERVATIONS 156172 66.00 836 TARGET SPECIALTY PRODUCTS MAINT SUPPLIES 156173 6756 TEACHER~S FRIEND PUBLICATIONS, INC. REFUND DEPOSIT 156174 116.16 12781 TILLOTSON~MAHLON DEPOSIT REFUND 156176 60.00 12782 TRAVEL pLANNERS~ IACP DEPOSIT REFUND 156178 175.00 3388 TRUGREEN - LANDCARE REGIONAL PROFESSIONAL SERVICES 156179 9174000 12788 TUCKERMAN, BARBARA BUSINESS LICENSE REFUND 156180 10.75 4558 U S QUARDS CO.~ INC. SECURITY GUARD SERVICE 156181 ~38.00 12783 UNDERGROUND TECHNOLOGY RECREATION REFUND 156182 1226 UNITED PARCEL SERVICE UPS SERVICE 156183 60.00 4787 VAN GALAAN LOCk & kEY SUPPLIES 158184 21.24 12786 VAN VODRHIS, TRACY BUSINESS LICENSE REFUND 156185 ~7.00 12785 VANCE, LORI BUSINESS LICENSE REFUND 156186 4000 137 VERIZON CALIFORNIA MONTHLY TELEPHONE BILLINGS ~ 156187 89.58 12784 VILLAMOR~ USITA BUSINESS LICENSE REFUND 156188 200.00 5660 VINEYARD WEST RECREATION 156189 1~100~00 499 VISION SERVICE PLAN - (CA) MONTHLY VISION SERVICE BILLING 156190 8~568.18 5870 VLSYSTEMS~ INC. COMPUTER HARDWARE ~ 156191 6220 WAL-MART RECREATION REFUND 15619~ 155.00 478 WARREN & CO., CARL LIABILITY CLAIMS ~ 156193 1,448.16 12760 WEIANT~ JANICE RECREATION REFUNDS 156194 80.00 12787 WESTERN DOOR BUSINESS LICENSE REFUND 156195 2~8.31 371 ZEE MEDICAL SERVICE RECREATION SUPPLIES 156196 21.93 City of Rancho Cucamonga City of Rancho Cucamonga Portfolio Management Portfolio Summary August 31, 2000 Par Market Book % of Days to YTM YTM Investments Value Va~ue Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Local Agency Investment Funds 20,187,849.67 20,187,849,67 20,187,849,67 18.11 1 I 6,416 6.505 Certificates of Deposit/Neg. - Bank 5,325,532.00 5,343,769.19 5,325,532.00 4.78 365 266 6.923 7.019 Federal Agency Issues - Coupon 78,006,000.00 76,592,400,07 77,964,843.75 69.93 1,666 1,060 6.150 6.235 Treasury Securities - Coupon 8,000,000.00 7,970,786.74 7,971,250.00 7.15 726 442 6.092 6.177 Mortgage Backed Securities 44,101.24 44,940.14 41,228.55 0.04 7,877 3,092 9.740 9,876 Investments 111,557,482.91 110,139,745.81 111,490,703.97 100.00% 1,237 787 6.232 6.318 Cash and Accrued Interest passbcokJChecking 1,367,580.18 1,367,580.18 1,367,580.18 I 1 1,973 2.000 (not included in yield calculations) Accrued Interest at Purchase 3,945.00 3,945.00 Subtotal 1,371,525.18 1,371,525.18 Totel Cash and Investments t 12,925,063.09 111,511,270.99 112,862,229.15 1,237 787 6.232 6.318 Total Earnings August 31 Month Ending Fiscal Year To Date Current Year 601,473.70 1,198,232.24 Average Daily Balance 114,746,234.20 114,336,091.92 Effective Rate of Return 6.17% 6.t7% I certify that this report accurately reflects all City pooled investments and is in cemformity with the investment policy adopted October 20, 1999. A copy of the investment policy is available in the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. The month*end market values were obtained from (IDC)-Interactive Data Corporation pricing service, The attached SummaPJ of Cash and estments with Fiscal Agents as of the 'or month's end is provided under the City offidal Investment Policy. The provisions of the individual bond documents govern the m e nt th . Jam C E City of Rancho Cucamonga Portfolio Management Page 2 Portfolio Details - Investments August 3t, 2000 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moedy's 360 Matudty Date Local Agency Investment Funds 00005 LOCAL AGENCY INVST FUND 20,187,849.67 20,187,849.67 20,187,849.67 6,505 6.416 1 Subtotal and Average 22,749,139.99 20,181,849.67 20,181~849.67 20,187,849.67 6,416 1 Certificates of Deposit/Neg. - Bank 06050EJG1 1061 BANKOFAMERICA 03/1512000 1,810,532.00 1,807,727,67 1.810,532.00 6.560 6.560 195 03115/2001 06050EMS1 1064 BANKOFAMERICA 06/05~000 2,000,000.00 2,015,610.40 2,000,000.00 7.330 7.330 277 06105/2001 06050ERH0 1070 NATIONSBANKNA 08/02/2000 1,515,000.00 1,520,431.12 1,515,000.00 6.820 6.820 335 08102/2001 Subtotal and Average 5,325,532.00 5~325,532.00 5,343,769.19 5,325,532.00 6.923 266 Federal Agency Issues - Coupon 31331RAA3 00988 FEDERAL FARM CREDIT BANK 03/2711997 2,000,000+60 1,995,455.93 2,000,000,00 6.620 6.529 572 03/27/2002 31331RDX0 00996 FEDERAL FARM CREDIT BANK 07/17/1997 2,000,000.00 1,982,703.86 1,999,375.00 6,240 6.162 684 07/17/2002 31331RMS1 01002 FEDERAL FARM CREDIT BANK 01/07/1998 1,000,000.00 988,211.98 1,000,000.00 6.330 6.243 858 01/07/2003 3133IRMA0 01004 FEDERALFARMCREDITBANK 01/06/1998 2,000,000.00 1,979,163.82 2,000,000.00 6,220 6.135 857 01/05/2003 31331RU68 01022 FEDERAL FARM CREDIT BANK 05/27/1998 2,000,000.00 1,973,41797 1,999,375.00 6.290 6.211 998 05/2712003 31331R065 01036 FEDERAL FARM CREDIT BANK 12/15/1998 2,000,000.00 1,934,897.77 2,000,000.00 5.660 5,582 1,200 12/15/2003 31331R2Y0 01042 FEDERAL FARM CREDR' BANK 03/16/1999 3,000,000.00 2,914,394.99 3,000,000.00 5.930 5.849 1,292 03116/2004 31331R306 01045 FEDERAL FARM CREDIT BANK 04/07/1999 2,000,000.00 1,956,395.87 1,997,500.00 5.850 5.805 948 04/07/2003 31331R4R3 01046 FEDERAL FARM CREDFF BANK 04/25/1999 4,000,000.00 3,872,815.55 3,997,500.00 5.850 5.784 1,334 04127/2004 31331RTE9 01052 FEDERAL FARM CREDIT BANK 06/2111999 2,000,000.00 1.982,941.89 2,000,000.00 6.375 6,288 658 06/21/2002 3133M2US4 01003 FEDERAL HOME LOAN BANK 0110611998 t,000,000.00 985,937.50 1,000,000.00 6,230 6.145 857 01/06/2003 3133M6NE4 01035 FEDERAL HOME LOAN BANK 12/0811998 2,000,000,00 1,924,375.00 2,000,000.00 5.530 5.454 1,193 12/0812003 3133M75D4 01038 FEDERAL HOME LOAN BANK 0112111999 1.000,000.00 960,000,00 1,000,000,00 5.510 5.435 1,237 01t21/2004 3133M86L3 01043 FEDERAL HOME LOAN BANK 0312311999 3,000,000.00 2,941,875.00 3,000,000.00 5.755' 5.676 752 09~23~2002 3133M8B78 01044 FEDERAL HOME LOAN BANK 04/06/1999 2,000,000.00 1,925,625.00 2,000,000.00 5.700 5.622 1,313 04106/2004 3133M94J8 01050 FEDERAL HOME LOAN BANK 06117/1999 3,000,000,00 2,944.687.50 2,984,531.25 6.230 6,265 1,385 06117/2004 3133M9501 01051 FEDERAL HOME LOAN BANK 06121/1999 2,000,000.00 1,978,125.00 1,999,375.00 6.150 6.077 658 06/21/2002 3133M96K3 01053 FEDERAL HOME LOAN BANK 06128/1999 2,000,000.00 1,964,375.00 1,966,875.00 6.480 6.428 1,396 06/28/2004 3133M9C65 01054 FEDERAL HOME LOAN BANK 07113/1999 1,000,000.00 993,750.00 1,000,000.00 6.040 5,957 315 07/13/2001 3133MARK7 1059 FEDERAL HOME LOAN BANK 02/25/2000 2,000,000.00 2,001,250.00 1,999,687.50 7.000 6.910 907 02/25/2003 3133MBHV2 1062 FEDERAL HOME LOAN BANK 05/25/2600 2,000,000,00 2.023,125.00 1,994,375.00 7,890 7.850 1,718 05/16/2005 3133MBM46 t067 FEDERAL HOME LOAN BANK 06/15/2600 1,000,000.00 1.003,750.00 1,000,000.00 7.550 7.447 833 12/15/2002 3134A1LB4 00994 ~:EDERAL HOME LOAN MORTG. CORP. 06/25/1997 3,000,000.00 2,987,812.50 3,000,000,00 6.630 6.537 510 0112412002 3134AIH45 01000 FEOERALHOMELOANMORTG. CORP. 10/22/1997 2,000,000.00 1,977,500.00 2,000,000,00 6.320 6.233 781 10122~2002 3134A2PN2 01030 FEDERAL HOME LOAN MORTG. CORP, 08/2011998 2,000,000.00 1,955,000.00 2,000.000.00 6.050 5,967 1.083 08120/2003 3134A2XJ2 01033 FEOERALHOMELOANMORTG. CORP. 11/24/1998 2,000,000.00 1,938,125.00 2,000,000.00 5,790 5.711 1,179 11/24/2003 Portfolio CITY CP Run Date: 09/12f2CCO - 13:50 PM (PRF_PM2) SymReptv501f City of Rancho Cucamonga Portfolio Management Page 3 Portfolio Details - Investments August 3t, 2000 Average Purchase Stated YTM Daysto Maturity CUSIP Inveetznent# Issuer Balance Date Par Value Market Value BOOk Value Rate Moody's 360 Maturity Date Federal Agency Issues - Coupon 3134A2N20 01037 FEDERAL HOME LOAN MORTG. CORP. 0111411999 2,000,000.00 1,949,375.00 2,000,000.00 5.600 5.523 865 01/14/2003 3134A3NS1 01047 FEDERAL HOME LOAN MORTG. CORP. 05/0411999 5,000,000.00 4,835,937.50 5,000,000.00 5.900 5.819 1,341 05/0412004 312902ZL6 1066 FEDERAL HOME LOAN MORTG. CORP. 06/13/2000 2,000,000.00 2,004,523.93 2,900,000,00 7.610 7.506 468 12/13/2001 31364FC33 01016 FEDERALNATLMTGASSN 05/0411998 3,000,000.00 2,956,724,85 3,000,000.00 6,280 6.194 976 03/05/2003 31364F996 01018 FEDERALNATLMTGASSN 05119/1998 2,000,000.00 1,972,147.83 2.000,000.00 6.125 6,041 990 03/19/2003 313649BE8 01032 FEDERALNATLMTGASSN 10106/1998 2,000.000.00 1,940,151.98 2,000,000.00 5.670 5.592 1,130 10/0612003 313649JM2 01034 FEDERALNATLMTGASSN 12/01/1998 2.000,000,00 1,929,151.92 2,000,000,00 5.520 5.444 1,186 12/01/2003 313649TJ8 01039 FEDERALNATLMTGASSN 02/11/1999 4,000,000.00 3,883,987.43 3,996,250,00 5.860 5.801 1,258 02/1112004 31364KPT1 1065 FEDERAL NATL MTG ASSN 06/06/2000 3,000,000.00 3,034,687.50 3,000,000.00 7.875 7.767 1,739 03/06/2005 e-nh4nt~l and Average 77,964,843,75 78,000,000.00 76,592,400.07 77,964,843.75 6,150 1,060 Treasur/Securities - Coupon 312902E96 1072 . FEDERAL HOME LOAN MORTG. CORP. 08107/2000 2,000,000.00 2,001,411.74 1,997,812.50 7,050 7.012 705 0810712002 9128275H1 01049 TREASURY NOTE 06109/1999 4,000,000.00 3,967,500,00 3,977,500.00 5,250 5,478 272 05131/2001 9128275X6 1058 TREASURY NOTE 01/31/2000 2,000,000.00 2,001,875.00 1,995,937.50 6+375 6396 517 01/31/2002 Subtotal and Average 7,584,576.6t 8,000,060.00 7,970,786.74 7,97i ,250.00 6.092 442 Mortgage Backed Securities 313401vv~/7 00071 FEDERAL HOME LOAN MORTG. CORP. 02/23/1987 4,612.60 4,645.53 4,579,43 8,000 8.219 487 01101/2002 31360BJ21 00203 FEOERALNATLMTGASSN 09113/1987 36,939.75 37,726.20 34,123.09 8.500 10,018 3,652 09/01/2010 36215VVX74 00002 GOVERNMENTNATIORALMORTGASSN 06/23/1986 2,187.73 2,204.29 2,157.65 8.500 8.778 256 05/1512001 36215XZS4 00069 GOVERNMENTRATIORALMORTGASSN 05/23/1986 361.16 364.12 368.38 9.000 8.547 195 03/15/2001 Subtotal and Average 46,497.i5 44,i01.24 44,940.14 41,228.55 9.140 3,092 Total lnvestments and Average ii3,670,589.51 i11,557,482.91 110,139,745.81 111,490,703.91 6.232 787 Podfolio CITY CP Run Date: 09/12J2C00 - 13:50 PM (PRF_PM2) SymRept V501f City of Rancho Cucamonga Portfolio Management Page 4 Portfolio Details - Cash August 31, 2000 Average Purchase Statad YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value BOOk Value Rate Moody's 360 Maturity Cash Accoullt$ 00180 BANKOFAMERICA 1,367,580.18 1,367,580,18 2.000 1.973 1 Cash Subtotal and Average Balance 1,075,644.70 Cash Account Total 1,367,580.18 1 Accrued Interest at Purchase 3,945,00 3,945.00 Subtotal 1.371,525.18 1,371,525.18 Total Cash and lnvestmeets 114.746,234.20 112,925,063.09 111,511,270.99 112,862,229.15 6.232 787 Portfolio CITY CP Run Date: 09/12rzO(X) - 13:50 PM (PRF_PM2) SymRept V501f City of Rancho Cucamonga Portfolio Management Page 5 Investment Activity By Type August 1, 2000 through August 31, 2000 Beginning Stated Transaction Purchases Sales/Mbturitjes Ending CUSIP Investment # Issuer Balance Rata Date or Deposits or Wtihdrawals Balance Local Agency Investment Funds (Monthly Summary) 00005 LOCAL AGENCY INVST FUND 6.505 2,800,000.00 6,700.000,00 Subtotal 24,087,849.67 2,800,000.00 6,700,000.00 20,187,849.67 Savings/Miscellaneous Accounts (Monthly Summary) 00180 RANK OF AMERICA 2,000 3,559,000.00 3,281,900.00 S"~f~-! 1,090,480.18 3,559,000.00 3,281,900.00 1,367,580.18 Certificates of Deposit/Neg. - Bank 06050EAR6 01055 NATIONSRANK NA 5.730 08/02/2000 0.00 1,515,000.00 06050ERH0 1070 NATIONSBANK NA 6820 08/02/2000 1,515,00006 0.00 ~!htr, f~l 5,325,532.00 1,515,000.00 1,515,000.00 5,325,532.00 Federal Agency Issues - Coupon Subtotal 77,964,843.75 77,964,843.75 Treasury Securities - Coupon 312902E96 1072 FEDERAL HOME LOAN MORTG. CORP. 7.050 08/07/2000 1.997,812.50 0.00 Subtotal 5,973,437.50 1,991,812.50 0.00 7,971,250.00 Mortgage Sacked Securities 31340IV,nAt7 00071 FEDERAL HOME LOAN MORTG. CORP, 8.000 08/1512000 0.00 402.43 31360BJ21 00203 FEDERAL NATL MTG ASSN 8.500 08/2512000 0.00 4,809.43 36215VVX74 00002 GOVERNMENTNATIONALMORTGASSN 8,500 08/1512000 0.00 2,949,13 36215XZS4 00069 GOVERNMENT RATIONAL MORTG ASSN 9.000 08/15/2000 0,00 69.89 SubtOtal 49,459.43 0.00 8,230.88 41,228.55 Total 114,491,602.53 9,871,8t2.50 11,505,t30.88 112,858,284.15 Portfolio CITY CP Date: 09/12/2000 - 13:50 PM (PRF_PM3} SymRept V501f City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended July 31, 2000 Trustee and/or Pur.chase Maturity Cost Bond Issue Payinq Aqent Account Name Investment Date Date Yield Value Assessment District No 93-1 US Bank Impn/mnt Fund First American Treasury Obligation 8/4/97 N/A* 6.00% $ 256,048.00 Masi Plaza Imprvmnt Fund Cash N/A N/A N/A 0.51 Reserve Fund First American Treasury Obligation 8/4/97 N/A* 6.00% 248.054,00 Reserve Fund Cash N/A N/A N/A 0,67 Redemp. Fund First American Treasury Obligation 8/4/97 N/A 6.00% 11,192.00 Redemp. Fund Cash N/A N/A N/A 0.41 . $ 515,295.59 PFA RFDG Rev Bonds series US Bank Expense Fund First American Treasury Obligation 7/1/99 N/A* 6.00% $ 26,333.00 Cash N/A N/A N/A 0.46 1999 A (Sr) & 1999 B (Subord) Sub Resrv. Fund First American Treasury Obligation 7/I/99 N/A' 6.00% 608,016.00 Cash N/A N/A N/A 0.48 Sr. Resrv. Fund First American Treasury Obligation 7/1/99 N/A* 6.00% 1,142,236.00 Cash N/A N/A N/A 0.42 Redemption Fund First American Treasury Obligation 7/1/99 N/A* 6,00% 13,178.00 Cash N/A N/A N/A 0.91 Revenue Fund First American Treasury Obligation 3/2/00 N/A* 6.00% 90,033.00 Cash N/A N/A N/A 0.62 $ 1,879,800,89 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENT,< $ 2,395,096.48 * Note: These investments are money markets accounts which have no stated maturity date due to their liquidity, ~ i:lfinance~Cash with Fiscal Agents.xls 9/I 1/00 7:56 AM ~ANC HO CUCAMONGA ENGIN~I~I~ING D~PAI~TM~NT SU Repo DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer .,: SUBJECT: DVERTISING OF THE "NOTICE INVITING BIDS" FOR THE FY 2000/2001 BUS BAY IMPROVEMENTS AT VARIOUS LOCATIONS, TO BE FUNDED FROM ACCOUNT NO. 14-4158- 9946 RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications for the FY 2000/2001 Bus Bay Improvements at various locations, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS: The project will construct bus bays on the east and west sides of Haven Avenue south of Lemon Avenue, construct an 8-inch high protective curb along the back of sidewalk for pedestrian safety at the existing bus bay on the east side of Vineyard Avenue south of Foothill Boulevard, and construct a sidewalk landing for the existing bus stop on the east side of Red Oak Street north of Arrow Route. The project will be funded from Air Quality Improvement Grant funds (Account No.14-4158-9946). Staff has determined that the project is Categorically Exempt per Article19, Section 15301 (c) of the CEQA guidelines. The project plans and specifications were completed by staff and approved by the City Engineer. The Engineer's estimate is $56,000, including a 10% contingency, plus an additional $2,000 required for Construction Administration, which includes printing, survey, CITY COUNCIL STAFF REPORT NOTICE INVITING BIDS - BUS BAYS September 20, 2000 Page 2 and soils and material testing. Legal advertising is scheduled for September 26, 2000 and October 3, 2000, with a bid opening at 2:00 p.m. on Tuesday, October 17, 2000. Respectfully submitted, ~J.O'Neil City Engineer WJO:JAD Attachments: Vicinity Map and Resolution /? J BUS BAY BUS BAY _ . R~ NCI-0 I CtJC ~tMD GHAiiLLsiDiEi ~ RD : -"-- t, \ ~11 IJ,E r \ ~ I ~ < z :~-ro~ u~ ~ ~ IA i~J O "\ ~ :~ T PARK LN ,.y- t'~ "r > i".~t, IASE LIN~ :] ~, . · ~ '-~ - -- -- '-- TERR,~ VISTA n.- Foc~H~L, BI~'D I F e ~ I ARRClRTE ! ~ Vl C I N ITY MAP ' Bus BAY CURB RESOLUTION NO. O O-- / 7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2000/2001 BUS BAY IMPROVEMENTS AT VARIOUS LOCATIONS" 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 plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "FY 2000/2001 BUS BAY IMPROVEMENTS AT VARIOUS LOCATIONS". 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 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, Califomia, 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 Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, October 17, 2000, sealed bids or proposals for the "FY 2000/2001 BUS BAY IMPROVEMENTS AT 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, Califomia 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of FY 2000/2001 BUS BAY IMPROVEMENTS AT 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 1 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 performed, and not less than RESOLUTION NO. September 20, 2000 Page 2 the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Raneho Cucamonga, 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 under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprentieable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate 'of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the 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 that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or RESOLUTION NO. September 20, 2000 Page 3 journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from 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) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defmed in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashiers check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a 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 awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the RESOLUTION NO. September 20, 2000 Page 4 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 coveting his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder' s Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or a combination of Specialty Class "C" licenses sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 el. seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Ntunber on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Raneho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non toldable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Raneho 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 the Contraetor'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. RESOLUTION NO. September 20, 2000 Page 5 By order of the Council of the City of Rancho Cucamonga, California. Dated this 20th day of September, 2000 Publish Dates: September 26 and October 3, 2000 PASSED AND ADOPTED by the Council of the City ofRancho Cucamonga, California, this 20th day of September, 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, 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 20th day of September, 2000 Executed this 20th day of September, 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: September 26 and October 3, 2000 RAN C HO CUCAMONGA ENGINEERING DEPARTMENT DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Walter C. Stickney, Associate Engineer SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE METROLINK STATION EXPANSION, PHASE II PROJECT TO BE FUNDED FROM ACCOUNT 151-4637-9932. RECOMMENDATION: Staff recommends that the City Council approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" for the Metrolink Station Expansion, Phase II Project. BACKGROUND/ANALYSIS: Since it's opening in 1995, the City's Metrolink Station has been an overwhelming success. However, an unfortunate consequence of this success has been that the original parking lot (with its 330 stalls) has been filled to capacity every workday. Later arriving vehicles have been forced to park on nearby access roads and on an adjacent dirt field. With the Metrolink Station Expansion, Phase II Project, the City plans to alleviate the overflow-parking problem. The primary goal of this project is the construction of a second parking lot that will bring the total Metrolink Station parking capacity to approximately 1000 stalls. A secondary goal is the expansion and improvement of the train station itself. The south platform will be extended by some 170 feet. This would allow rush hour trains to contain 8 passenger cars instead of the present 6 cars. In addition, a new canopy structure will be constructed on both the north and south platforms. And finally to better protect train riders as they move between the north and south platforms, a new railroad track crossing signal system will be installed as part of this project. CITY COUNCIL RESOLUTION METROLINK STATION EXPANSION, PHASE II September 20, 2000 Page 2 To minimize inconvenience to those who will be displaced by construction during this project, a temporary parking lot with a capacity of 200 stalls will be constructed on leased land just south and east of the original parking lot. The Engineer's estimate for the station expansion is $2,265,000, which includes a 10% contingency. Funding for the project is from Account No. 151-4637-9932. Legal advertising is scheduled for September 23 and September 30. Respectfully submitted, VVilliamj~.O,Neil~r~ City Engineer WJO:WS:dlw Attachment ESOLUTION NO. 0-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA FOR THE "METROLINK STATION EXPANSION, PHASE II" 1N 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. 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 "METROL1NK STATION EXPANSION, PHASE II", which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE iNVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucarnonga, on or before the hour of 2:00 p.m. on Tuesday, November 14, 2000, sealed bids or proposals for the "METROL1NK STATION EXPANSION, PHASE II" in said City. A pre-bid meeting is scheduled for 2:00 p.m., Wednesday, October 18, 2000, at 10500 Civic Center Drive, Rancho Cucamonga, CA, Engineering Division. This meeting is to inform DBE's of subcontracting ahd material supply opportunities. Bidder's attendance at this meeting is a prerequisite for demonstrating reasonable ef/brt to obtain DBE participation. 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 tbrm provided for the purpose, addressed to the City of Rancho Cucarnonga, California, marked, "Bid for Construction of METROLINK STATION EXPANSION, PHASE II". This project has a goal of 10 percent disadvantaged business enterprise (DBE) participation. The project is subject to the "Bny American" provisions of the Surface Transportation Assistance Act of 1982 as amended by the International Surface Transportation Efficiency Act of 1991. Page 2 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California 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 performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Also, the Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract", and in copies of this book that may be examined at the offices described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are references but not printed in the general prevailing wage rates. Attention is directed to the Federal Minimum wage rate requirements in the books entitled "Proposal and Contract." If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classification based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll-free "hotline" service to report bid rigging activities. Bid rigging activities can be reported Monday through Fridays, between 8:00 a.m. and 5:00 p.m. Eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid, bidder collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information ~vill be treated confidentially and caller anonymity will be respected. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each Page 3 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 under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade fbr a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the pertbrmance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the 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 that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-ofticio 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 Page 4 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) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the ~vork herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is a~varded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lotvest bidder's security shall be applied by the City of Rancho Cucamonga to the dift~rence bet~veen the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder' s Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable la~vs with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Page 5 Business and Professions Code, Section 7000 el. seq.) and rules and regulations 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 information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $50.00 (FIFTY DOLLARS), said $50.00 (FIFTY DOLLARS) is non refundable. Upon ~vritten request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance ~vith 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 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 20th day of September, 2000. Publish Dates: September 21, 2000 and September 28, 2000. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 20th day of September, 2000. William J. Alexander, Mayor RANC hO C UCAMONGA ~NGINI~E~ING DIVI61ON Staff Report DATE: September 20, 2000 TO: Mayor and Members of the City Cotmcil Jack Lain, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF DISPOSITION OF A PORTION OF CITY OWNED PROPERTY, LOCATED ON THE EAST SIDE OF ROCHESTER AVENUE, NORTH OF BASE LINE ROAD, SUBMITTED BY RICHMOND AMERICAN HOMES RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the disposition of a City owned property, located on the east side of Rochester Avenue, north of Base Line Road and authorize the Mayor and the City Clerk to sign said resolution. BACKGROUND/ANALYSIS Tentative Tract 16051, located at the northeast comer of Rochester Avenue and Base Line Road, is conditioned to process a vacation of additional right-of-way on Rochester Avenue. The underlying fee ownership was by an individual who grant deeded the property to the City, at no cost to the City. Said City owned property is described on the attached Exhibit "A" and shown on Exhibit "B". Through this proceeding the Developer, Richmond American Homes will obtain said City owned property and use the land as part of the lots of their Tentative Tract. Their Tentative Tract Map and the lot configuration was approved by the Planning Commission. The Planning Commission has declared the project to be in conformante with the General Plan. Respectfully submitted, William J. O'Neil City Engineer WJO:WV:dlw Attachments RESOLUTION NO. 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARD1NO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED EREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN A. Recitals. (i) The City of Rancho Cucamonga has a fee interest in that certain parcel of real property generally located on the east side of Rochester Avenue, north of Base Line Road in the City of Rancho Cucamonga, County of San Bemardino, California, and hereinafter referred to in this Resolution as "said property." A full, true and complete description of said property is set forth in that copy of deed attached hereto as Exhibit "A" and by this reference set forth herein. (ii) California Government Code Section 37350 provides as follows: "A City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit." (iii) California Government Code Section 37351 provides in pertinent part, as follows: The legislative body (City Council) may... dispose of, and convey such property for the benefit of the City ..... " (iv) The Planning Commission of the City of Rancho Cucamonga heretofore made the findings on May 10, 2000, that disposing of said property, as herein contemplated, would be in conformity with the General Plan of the City of Rancho Cucamonga. (v) Said property was acquired by the City ofRancho Cucamonga in fee, for street highway and related purposes the need for which has been superseded by the development of Tract No. 16051. (vi) Said property constitutes a burden on the City of Rancho Cucarnonga and is no longer necessary or convenient for the purposes for which it was acquired. (vii) Conveyance of said property will further the use of said property and benefit the City of Rancho Cucamonga by deletion of a necessity to maintain said property. CITY COUNCIL RESOLUTION NO. September 20, 2000 Page 2 (viii) All legal prerequisites to the adoption of this Resolution has occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. All facts stated the Recitals, Part A., of this Resolution hereby are found to be tree and correct. 2. This Council hereby finds that the quit claiming of said property to the persons described in said deed will benefit the City of Rancho Cucamonga. 3. The City Engineer hereby is authorized and directed to execute the deed, a full, hue and correct copy of which is attached hereto as Exhibit "A", and cause the same to be recorded forthwith upon adoption of this Resolution. 4. The City Clerk shall certify to the adoption of this Resolution. Assessor Parcel No.:. RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAll, TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACE ABOVE THIS UNE FOR RECORDER'$ USE MAll. TAX STATEMENTS TO DOCUMB~'ARY TRANSFER TAX $ COMB ON FULL VALUE OF PROPERTY CONVEYED Name: __ OR COMPUIr, U ON FULL VALUE LESS UENS AND Sbeel ENCUMBRNICES REMAINING AT TIME OF SALE. City & CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ~ The City ofRancho Cucarnonga, a Municipal Corporalion under the laws of the State of California, hereby . REMISES, RELEASES AND QUITCLAIMS to : ' Richmond American Homes Illat ce~ai n real propony in the City ofRancho Cucamonga, Counly of San Bemardino, State of California, described and shown on the attached Exhibits "A" and "B". STATE OF CALIFORNIA COUNTY OF } S.S. On before m~ William J. O'Neil, City Engineer a Notw] Public in and for said Coumty and State, personally appeared FOR NOTARY SEAL OR STAMP personally known to me (or proved to me on ~c basis of satisfact0x7 evidence) to be the persan(s) whose name(s) is/are subscrib~l to the within in.smnnant and acknowledged to me that he/she,'tlley executed tho s~mc in higher/their authorized capacity(ies), and that by his/hcr/thdr signature(s) on the instrument the person(s), or She entity upon behalf of which the person(s) actgd, executed the instrument WITNESS my hand and official seal Signature BEING A PORTION OF THE SOUTHEAST V. OF THE SOUTHEAST % OF SEt;liON 31, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.M. ACCORDING TO GOVERNMENT SURVEY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CEN'I'/~.~I'E INrea<SECTION OF BASE LINE AND ROCHES'rI~K AVENUE ~ SHO~ ON P~ ~ NO. 5687, ~ ~ C~ OF ~O ~C~ONG~ ~ OF S~B~O, STA~ OF C~O~ ~ P~ P~T ~O~ ~ B~K 56 OF P~ ~S, PAG~ 9 ~ 10, ~S OF S~ CO~; ~CE NOR~Y ~ONG ~ ~N'i'~ OF ROC~ A~ ~ ~ ~'r~Y ~ OF ~ SO~ % OF ~ SOeT % OF S~ SE~ON 31 NOR~ ~6'09" ~T 856.10 ~ET ~ ~ ~'r~E~ON WI'I~ ~ ~Y PROLONGA~ON OF ~ NOR~Y ~ OF P~C~ 1 ~ SHO~ ON S~ P~C~ ~; S~ ~'I1ON B~G ~ ~ PO~ OF BEG~G; ~ ~Y ~NG S~ PRO~NGA~ON OF ~ NOR~Y ~ OF S~ P~C~ SOUTH 88~59'47'' ~T 30.00 ~; ~ SO~ 00~6'09" ~ST 461.42 ~ ~ONG ~ ~ST ~ OF P~C~ 1 OF S~ P~ ~ NO. 5687 ~ A PO~ OF ~.~ A ~ CONCA~ ~ ~ ~T ~ ~G A~S'OF 1536.00 ~ET ~ ~ ~~ A~ B~ NOR~ 8~7'42" ~T; ~ NOR~Y 235.69 ~ ~ONG S~ ~ ~OUGH A C~ ~G~ OF 08"47'30" ~ A ~ ON ~ C~T~L~ OF RO~'I'~ A~ A ~ ~ S~ ~ ~OUGH S~ ~ B~ SO~ 78°43'12'' ~ST; ~ ~ONG S~ ~'r~ NOR~ 00~6'09" ~8T ~8.18 ~ ~ ~ ~ ~ OF B~G. P~ "A" CO~SES 9,635 sQ ~T OR 0.22 A~. ~ MO~ P~~Y SHO~ ON ~ A~A~D ~ff "B". ~S D~ W~ P~ ~ ~ S~SION OF: R~GER ~OD DA~ LIC~SE E~S ~30/04 Page I of I EXHIBIT "B" Po, NTOF PARCEL "A" BECINNING ~ T ~.0_.,.~ " LINE ROCHESTER · ~' AVENUE 'PER TRACT NO. 13281. , M,B, 218/52-58 ' UNE OF PARCEL 1, \ P.M. NO. 5687 > LINE OF THE ~ SE 1/4 OF THE SE OF SECTION 31, TOWNSHIP 1 NORTH. RANGE 6 WEST. ~ ~ ,.~.. ,~. S.B.M. PREPARED UNDER THE SUPERVISION OF': ~ N N~'~~ No. 57m .~o~ NO0' RO C.~ ~ 316.04' .S. 5781 LICENSE EXRRES C/L BASE ~ LINE~,,,/// )'HE CITY 0 F DANCHO CUCAMONGA Sh ffReport BATE: September 20, 2000 T~. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Bob Zetterberg, Integrated WastdNPDES Coordinator SUBJECt: Request for Approval to Appropriate Funds Received from the California Department of Conservation Through a Grant from the California Beverage Container Recycling and Litter Reduction Act RECOMMENDATION: : It is recommended that the City Council appropriate funds received from the California Department-. of Conservation for a grant in the amount of $35,602 for beverage container recycling and litter cleanup activities. BACKGROUND/ANALYSIS: Pursuant to Section 14581(a)(A) of the California Beverage Container Recycling and Litter Reduction Act, the Department of Conservation's Division of Recycling is required to distribute a total of $10,500,000 to eligible cities and counties for beverage container recycling and litter cleanup activities. The City of Rancho Cucamonga's allocation of $35,602 will be used to purchase recycling bins for parks and facilities, provide public education on cable television and in the newspaper with emphasis on recycling beverage containers in the curbside recycling bins or those located at city parks and facilities, and work on a school program to get recycling in as many schools as possible. Staff will also work with non-profit or sports groups to maintain the recycling containers, with the incentive that they can keep the recycling proceeds. Respectfully Submitted, Wi~mj.O~~dd( City Engineer ;- WJO:BZ:dlw Attachment PUBLIC LIBRARY Mernorandum DATE: September 20, 2000 TO: Mayor and Members of the Rancho Gucamonga City Council Jack Lain, AIGP, City Manager FR~: Deborah Kaye Clark, Libra~ Direelor SU~E~: ~PPROV~L TO ~PPROPRI~TE $66,S~ ~W~RDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY EXPENDITURE ACCOUNT ~COMMENDATION Appropriate $66,500 received from the State into expenditure account 02-4534 in the following ma~er: 1100 Regul~ Sallies $ 38,000 1300 Pan Time Sallies $ 14,500 1900 Fringe Benefits $ 14,000 BACKGROUND/ANALYSIS For 2000/2001, the Rancho Cuc~onga Public Libra~ applied for ~d was grated a Libra~ Se~ices ~d Tec~ology Act award to provide staffing for the upcoming bookmobile project. Titled "Project EACH", the program will provide reading related youth activities aRer school. Approv~ of ~s action ~1 pla~ ~ese ~ ~to a ~ ~m~t to sup~n a ~1 ~e pmj~t ~or&ator ~d p~ ~e cle~c~ sup~n s~for a ~M of one y~ (Octo~r 2000-S~t~r 2001 ). FISCAL IMPACT: Funds awarded through a state grant. No impact of the approved budget of 2000/2001. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 20, 2000 TO: Mayor and Members of the City Council, Jack Lam, AICP, City Manager FROM: Diane Young, Records Coordinator U~S'/ SUBJECT: Destruction of City Records RECOMMENDATION: It is recommended that the City Council approve the attached Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. BACKGROUND/ANALYSES: The records in the atiached destruction requests have met their required retention as listed in the City's Records Retention Schedule, and are due for final disposition. The records have been reviewed and approved for destruction by the Department representatives, the Department Heads and the City Attorney. DMY (Attachments as noted) RESOLUTION NO. O0-*** A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES WHEREAS, it has been determined that certain City records of the City Manager's Office have been retained in compliance with all applicable Federal, State and local statutes; and WHEREAS, said City records have met their useful life and are no longer required for public or private purposes: WHEREAS, destruction of said records is necessary to conserve storage space, increase staff productivity, and maintain conformance with the City's Records Management Policy; and WHEREAS, said records as listed in Exhibit "A" attached hereto have been approved for destruction by the City Attorney; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. Resolution No. 00-*** Page 2 SECTION 2: That the City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafterthe same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 20th day of September, 2000 AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 20th day of September, 2000. Executed this 21st day of September, 2000, at Rancho Cucamonga, California. Debm J. Adams, CMC, City Clerk CITY OF RANCHO CUCA~IONGA Approval and Authorization To Destroy Paper ReCords and/or Documents I have inspected the following records/documents and recommend/request that they be destroyed. These records have not been stored in the City's Records Center and are not listed in the City's Automated Records Management System (ARMS); therefore, destruction is requested outside the scope of the annual ARMS generated destruction process. Description of Records / Documents (IncludeBeginning and Ending (Inclusive) Dates of Record Title Code from Records RetentionRecords / Documents (Mo/Yr) Schedule when applicable) ~c. 12. ~ Co,,~:Vc~,~,,1,~5;,','--~'-~ll t,,-,~,' 4,:: ~,,.~ I proval(5:)~ City Attomey Approval (if required) Date fignature ' ' Date Council Approval Date (if required) Destroyed by: Signature Date R M. Revised I 1/98 CITY OF RANCHO CUCAMONGA Approval and Authorization To Destroy Paper Records and/or Documents Department: City Manager Requestor: Debbie Adams I have inspected the following records/documents and recommend/request that they be destroyed. These records have been stored in the Administration Department and are not listed in the City's Automated Records Management System (Advantage); therefore, destruction is requested outside the scope of the annual Advantage generated destruction process. Description of Records / Documents (Include Beginning and Ending (Inclusive) Dates of Records / Record Title Code from Records Retention Documents (Mo/Yr) Schedule when applicable) 1020.1 - Gen '1 Correspondence 1985 - 1994 11800.0 - Public Relations Files 1991 - 1995 11800.7 - Press Releases 1995, 1996 ;~/~pprova~j City Attorney Approval (if required) Si~amre Date ature Date Council Approval Date (if required) Destroyed by: Signature Date RANCHO CUCAMONGA COMMUNITY SERVICES TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst Ill DATE: September 20, 2000 SUBJECT: Approval of a Request from the Rancho Cucamonga Professional Firefighters Association for the City to co-sponsor a Charity Softball Game on September 24, 2000, at the Epicenter Stadium and to Waive Associated Fees and Charges. RECOMMENDATION It is recommended that the City Council approve the request from the Rancho Cucamonga Professional Firefighters Association for the City to co-sponsor a charity softball game on September 24, 2000, at the Epicenter Stadium and to waive associated fees and charges. BACKGROUND/ANALYSIS The Rancho Cucamonga Professional Firefighters Association and the City have co- sponsored a celebrity charity softball game at the Epicenter Stadium for the past two years (October 4, 1998 and October 10, 1999). As part of the City Council's action to co-sponsor this activity all associated fees and charges have been waived. The event has raised over $20,000, which the Firefighters Association has donated to local charities. The Firefighters Association has traditionally supported the Community Services Department's Concerts in the Park and the 4 of July celebration, as well as, the Rancho Cucamonga Family YMCA, local sports associations and teams, the Rancho Cucamonga Public Library, school award programs and many other organizations and individuals throughout our community. This year the City has again received a request from the Rancho Cucamonga Professional Firefighters Association to co-sponsor a charity softball game that is scheduled to take piace on September 24, 2000, at the Epicenter Stadium. The Association is requesting that the City Council once again consider waiving all CITY COUNCIL FIREFIGHTERS CHARITY SOFTBALL GAME SEPTEMBER 20, 2000 associated fees and charges. Like last year, the 7-inning game is planned to begin at 2:00 p.m. with a planned estimated attendance of 1,000-1,500. The event would be a ticketed activity between our local high school coaches and the firefighters with proceeds going to the local high school for scholarships. The request from the Rancho Cucamonga Professional Firefighters Association for co- sponsorship and waiver of fees and charges has been reviewed by staff in relation to Resolution Number 99-049, A Resolution of the City Council of the City of Rancho Cucamonga Adopting Rental Fee Waiver and City Service Charge Waiver Policies for the Epicenter. In staffs opinion, the event has been determined to meet the criteria and standards set forth in the Resolution, therefore, staff recommends that the City Council approve the request for co-sponsorship, waive associated fees and charges and direct staff to work with the Association to help ensure a successful outcome for the event. FISCAL IMPACT Should City Council approve the co-sponsorship of this event and the full waiver of fees and charges associated with this activity this action would amount to a total support of $4,000.00. As in years past a refundable damage security deposit would not be required, however, the Association would be required to provide comprehensive public liability insurance coverage in the amount of two million dollars ($2,000,000.00). Resp c Ily s d, Community Services Director ~C~MMSERV~unci~&B~ardstCityC~unc~tSta~Rep~r~s1F~re~ghtetChatfty~ftba~Game9.2~d~c -2- RANCHO CUCAMONGA PROFESSIONAL FIREFIGHTERS ASSOCIATION DATE; SEPTEMBER 24 2000 TO; MAYOR AND MEMBERS OF THE CITY COLrNCIL JACK LAM, AICP, CITY MANAGER FROM; SAM SPAGNOLO, RANCHO CUCAMONGA FIREFIGHTERS UNION PRESIDENT SUBJECT; CHARITY SOFTBALL GAME. ON SUNDAY, SEPTEMBER 24, 2000 WE WILL BE HOSTING A CHARITY SOFTBALL GAME TO BE HELD AT THE EPICENTER STADIUM IN RANCHO CUCAMONGA. THE EVENT WILL FEATURE YOUR RANCHO CUCAMONGA FIREFIGHTERS VERSUS THE COACHS OF THE LOCAL HIGH SCHOOLS. OUR GAME WILL BE HELD TO RAISE FUNDS TO SPONSOR SCHOLORSHIPS TO BE GIVEN TO THE LOCAL HIGH SCHOOLS. WE ARE ASKING YOU TO BE CO-SPONSORS WITH US AND WAIVE THE FEES FOR THIS EVENT. YOUR SUPPORT IS GREATLY APPRECIATED. SINCERELY, LOCAL 2274 P.O. Box 491, Rancho Cucamonga, California 91701 RANCH O CUCAMONGA ENGINEEI~ING DEPARTFIENT DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Betty A. Miller, Associate Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND ORDERING THE ANNEXATION TO STREET LIGHT MAINTENANCE DISTRICTS NO. t AND 8 FOR TRACT MAP NUMBER 15911, LOCATED AT THE NORTHEAST CORNER OF EAST AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SUBMI'I'I'ED BY RYLAND HOMES RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract 15911, accepting the subject agreement and security, ordering the annexation to Street Lighting Maintenance District Nos. 1 and 8, 'and authorizing the Mayor and the City Clerk to sign said agreement and cause said map to record. BACKGROUND/ANALYSIS Tentative Tract 15911, located at the northeast corner of East Avenue and the Southern Pacific Railroad right-of-way in the Low-Medium Residential District of the Etiwanda Specific Plan, was approved by the Planning Commission on October 14, 1998, for the division of 17 acres into 55 lots. The Developer, Ryland Homes, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $1,211,000,00 Labor and Material Bond $ 605,500.00 Copies of the agreement and security are available in the City Clerk's Office. CITY COUNCIL STAFF REPORT TRACT 15911 -RYLAND HOMES September 20, 2000 Page 2 Letters of approval have been received from the high school and elementary school districts and Cucamonga Country Water District. C.C. & R.'s have also been approved by the City attorney. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. This Developer was one of the petitioners in the formation of Landscape Maintenance District No. 9, which was approved on June 7, 2000. Respectfully submitted, William J. O'Neil City Engineer WJO:BAM:sd Attachments NORTH T~ NTS CITY OF RANCHO CUCAMONGA ITEM: Tracts 15911 and 15912 ENGINEERING DIVISION TITLE: Vicinity Map//~ RESOLUTION NO. - / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15911, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map No. 15911, submitted by John Friedman, and consisting of 55 single family lots located at the northeast comer of East Avenue and the Southern Pacific Railroad right-of-way, was approved by the Planning Commission of the City of Rancho Cucamonga, on October 14, 1998, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 15911 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Ryland Homes as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, foE- street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Maintenance and Improvement Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication and the final map delineating the same for said Tract Map No. 15911 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. SOLUT ON NO. - / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 8 FOR TRACT 15911 WHEREAS, the City Council of the City ofRancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated heroin by this reference have requested that such property (collectively, the "Territory') be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit C attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and ,5/ RESOLUTION NO. TRACT 15911 September 20, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed : annual assessments. ·: SECTION 3: This legislatii~ body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements ~om the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proceedings ofthe Maintenance Districts, including the levy ofall assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Ryland Homes of California, Inc., a Delaware Corporation, dba Ryland Homes The legal description of the Property is: Tract No. 15911 Lots 5 and 6 in Block "L' as shown on the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bemardino, State of California, on file in Book 2, Page 24 of Maps, in the Office of the County Recorder of said County. Except therefrom that portion described in the deed to Pacific Electric Railway Company, a Caiifomia Corporation, recorded April 4, 1913, in Book 527, Page 216 of Deeds, in the office of said County Recorder. Also except from Lot 6 that portion described in the Deed to the State of California recorded January 30, 1973, in Book 8110, Page 46 of Official Records, in said office of the County Recorder. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Exhibit A (Continued) ~ NORTH ~ 1 "= 200' CITY OF ENGINEERING DIVISION A - 2 TITLE: Annexation to SLD #1 Exhibit B Description of the District Improvements Fiscal Year 2000/2001 STREET LIGHT MAINENANCE DISTRICT NO. 1 (ARTERIAL STREETS) Street Light Maintenance District No. 1 (SLD # 1 ) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on artedai streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The silos maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 15911 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD #1 3 SLD #8 22 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical #of Assessment Assessment Assessment Land Use Unit Type Physical Units Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property is: $17.77 55 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. -- $977.35 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Ilnit Type 1 lnits llnit~ Factor I lnitq Unit Revenue Single Family Parcel 81 1.00 81 $193.75 $15,694.00 The Proposed Annual Assessment against the Property is: $193.75 55 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. = $10,656.25 Annual Assessment C-I RANCHO CUCAMONGA ENCINEEDINC DEDAE!TMENT Staff Report DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY.' Jerry A. Dyer Associate Engineer /~ Mike Long, S;~pervising Public Wor s~l;~spector/ff~'/ SUBJECT': ACCEPT THE BIDS RECEIVED, APPROPRIATE $21,000 FROM FUND BALANCE 23 (DRAINAGE) AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $67,458.60 · ($61,326.00 plus 10% contingency) TO THE APPARENT LOW BIDDER, 4-CON ENGINEERING, FOR THE CONSTRUCTION. OF THE HERMOSA AVENUE STREET AND STORM DRAIN IMPROVEMENTS ON THE EAST SIDE OF HERMOSA AVENUE 2000 FEET SOUTH OF WILSON AVENUE, TO BE FUNDED FROM GENERAL FUNDS (MAINTENANCE), ACCOUNT NO. 01-4647-9940 AND THE APPROPRIATION FROM FUND BALANCE 23 RECOMMENDATION: It is recommended that the City Council accept the bids received, appropriate $21,000 from fund balance 23 (Drainage) and award and authorize the execution of the contract in the amount of $67,458.60 ($61,326.00 plus 10% contingency) to the apparent low bidder, 4-CON Engineering, for the construction of the Hermosa Avenue Street and Storm Drain Improvements on the east side of Hermosa Avenue 2000 feet south of Wilson Avenue, to be funded from General funds (Maintenance), Account No.'s 01-4647- 9940 and the appropriation from fund balance 23. BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on August 29, 2000, for the subject project. The Engineer's estimate was $64,000, Staff has reviewed CITY COUNCIL STAFF REPORT Hermosa Avenue Street and 8term Drain Improvements September 20. 2000 Page 2 all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectfully submitted, City Engineer WJO:JAD Attachment EXHIBIT "A" PROJECT LIMITS Banyan S~ Hermosa Ave. Shet and Storm Drain Improvements. East Side 2000 feet S/o Wilse Ave. VICINITY MAP Bid Summary: Bid opening August 29, 2000 Hermosa Ave Street and Storm Drain Improvements On the east side of Hermosa Avenue 2000 feet south of Wilson Avenue Apparent Low Bidder Engineers Estimate 4-Con Engineering Laird Const. ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT I Remove PCC inlet structure 1 LS $2,750.00 $2,750.00 $3~500 $3,500.00 $3,000 $3,000.00 2 Excavation 1 LS $1,650.00 $1,650.00 $4,500 $4,500,00 $13,500 $13,500.00 Construct Reinforced Concrete Transition 3 Structure I LS $2,750,00 $2,750.00 $3r000 $3,000.00 $3,250 $3,250.00 Construct 14' CB w/4 grates with local 4 depression and transition I EA $9,350.00 $9,350.00 $11,000 $11,000.00 $7,250 $7,250.00 Construct 14' CB w/2 grates with local 5 depressionand~utterttansltion 2 EA $8,800.00 $17,600.00 $8,500 $17,000.00 $6,550 $13,100.00 6 Construct 4'-6" x 3' RC Box 25 LF $465.C0 $12,375,00 $350 $8,750.00 $250 $6,250,00 7 Construct 18.5" x 3' RC Box between basin 8 LF $247.50 $1,980.00 $250 $21000.00 $215 $1,720,00 Construct 8"-12" PCC Curb and 24" Gutter, 8 including] removals 53 LF $38.50 $2,040.50 $25 $1,325.00 $35 $1,855.00 Construct 4" AC pavement inc. sawcuffing 9 and removals 87 TON $82.50 $7,177.50 $15 $1,305.00 $75 $6,525.00 10 Construct4"CAB 79 TON $20.90 $1,651,10 $10 $790,00 $30 $2,370.g0 11 ColdPlane0,10' 345 SF $1.10 $379.50 $5 $1~725.00 $5 $1,725.00 Construct curb adj, sidewalk inc. sawcuffing 12 and removals 633 SF $4.40 $2,785.20 $7 $4,431.00 $5 $3,165.00 13 Signing, stdgin9 and traffic control I LS $1,500.00 $1,500,00 $2,000 $2,000.00 $1,500 $1.500.00 PROJECT TOTAL: $.~3,988.80 $61.326.00 $65.2t0.00 David T. Wasden Genti Bros. ITEM DESCRIPTION AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove PCC inlet structure $3,880.00 $4,000 $4,000.00 $7,000 $7,000,00 2 Excavation $6,325.00 $6,000 $6.00000 $15,000 $15,000.00 Construct Reinforced Concrete Transition 3 Structure $5,245,00 $4,000 $4,000.00 $t8,000 $18,000,00 Construct 14' CB w/4 grates with local 4 depression and transition $7,085 $7,085.00 $7,500 $7,500.00 $7,500 $7,500.00 Construct 14' CB w/2 grates with local 5 depression and (]utter transition $5,935 $11,870.00 $7,500 $15,000.00 $6r500 $13,000.00 6 Construct4'-6"x3'RCBox $435 $10,875.00 $400 $10,000.00 $300 $71500.00 7 construct 18,5" x 3' RC Box between basins $340 $2,720.00 $250 $2,000.00 $200 $1,600.00 Construct 8"-12" PCC Curb and 24" Gutter, 8 includin~ removals $30 $1,590.00 $33 $1,749.00 $20 $1,060.00 Construct 4" AC pavement inc. sawcutting 9 and removals $75 $6,525.00 $100 $8,700.00 $150 $13,050.00 t0 Donstruct 4" CAB $64 $5,056.00 $25 $1,975.00 $20 $1,580.00 11 Dold Plane 0.10' $4 $1,380.00 $6 $2,070,00 $4 $1,380.00 Construct curb adj. sidewalk inc. sawcuffing 12 and removals $4 $2,532.00 $8 $5,064.00 $4 $2,532.00 13 ' ' , ' ' $1,500 $1,500.00 $3,000 $3,000.00 $5,000 $5,000.00 S~gmng stnp~ng and traffic control $66t583.00 ~71.058.00 $94.202.00 RAN HO CUCAMONGA ENC, INI~EDING DI~PAI~TH~NT Staff Report DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil. City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARO ENGINEERING & CONSTRUCTION, INC., TO PROVIDE FY 00-01 TOPOGRAPHICAL DESIGN SURVEY FOR PROPOSED STREET IMPROVEMENTS FOR ELEVEN DIFFERENT LOCATIONS (See Vicinity Map) THROUGHOUT THE CITY, TO BE FUNDED FROM THE FOLLOWING ACCOUNT NOS.: 32-4637-9968 Arrow @ 1-15 ($2,420), 01-4647-9941 Amethyst Ped ($992), 23-4637-8016 Almond Trail ($1,230), 32-4637-9974 Lemon ($3,372), 32-4637-9972 Hellman @ 9th ($673), 32-4637-9973 Helms ($9~9t2h), 32-4637-9978 Terra Vista Pkwy ($2,896), 32-4637-9969 Center - 6th to 7 ($1,111), 32-4637-9970 Center - 7t" to 8th ($1,111), 32-4637-9975 Marine ($1,944), and 32-4637-9964 26th ($1,944) RECOMMENDATION: It is recommended that the City Council approve the Professional Services Agreement and an additional 10% contingency with HARO Engineering & Construction, Inc., to provide FY 00-01 topographical design survey for proposed street improvements for eleven different locations throughout the City, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: Requests for proposals to provide topographical design survey for various locations throughout the City were sent to five engineering consulting firms. All five firms are on the City's pre-quali~ed list for providing survey services. Four firms responded, SB&O, Inc.. HARO Engineering. LD. King, Inc.. and Associated Engineers. HARO Engineering & Construction, Inc. proposal met all of the City's requirements at the lowest cost. CITY COUNCIL STAFF REPORT PROFESSIONAL SERVICES AGREEMENT WITH HARO ENGINEERING September 20, 2000 Page 2 HARO Engineering, Inc. proposal is $18,885 to be funded from the following account nos.: 32-4637-9968 Arrow @ 1-15 ($2,420), 01-4647-9941 Amethyst Ped ($992), 23-4637-8016 Almond Trail ($1,230), 32-4637-9974 Lemon ($3,372), 32-4637-9972 Hellman @ 9th ($873), 32-4637-9973 Helms ($992), 32-4637-9978 Tetra Vista Pkwy ($2,896), 32-4637- 9969 Center - 6th to 7t~ ($1,111), 32-4637-9970 Center- 7u~ to 8th ($1,111), 32-4637-9975 Marine ($1,944), and 32-4637-9964 26th ($1,944). Respectfully submitted, i~am~J. O'Neil City Engineer WJO:JAD Attachments EXHIBIT "A" ~ //""1 UPEND ~ '~"' ~ ~ "' ~' ' '[""' ~ ' l " "' CI~ OF ~~ ~. ,. ~.......... .... X 12_, ' .... "' EXHIBIT "B" Map Project/Limits No. 1 Arrow Route Widening at i-15 ~,rrow Route intersection to Approx. 2600' east the first driveway of (Air Liquide Supply, Bldg. No. 12550) 2 Amethyst Pedestrian Access 300' North of the centerline of Roberds Court to 100 feet south of the centerline of Lomita Drive (approx. 300 LF). 3 Almond Trail - from Beryl St. to 1500' West between Laramie Dr. and Cabarello Dr. Beryl St. to 1500' west (approx. 1500 LF) 4 Lemon Avenue Improvements from Carnelian Avenue to Beryl Street CenterWine of Carnelian Avenue to the centedine of Beryt Street (approx. 2700 LF). 5 Hellman Ave. @ 9th St. 300' north of centerline of 9th St. to 300' south of centerline of 9th st. (approx. 600 LF) 6 Helms Ave. - Feron Blvd. to 9th. St. ~ Centerline of Feron Blvd. to centerline of 9th St. (approx. 888 LF) 7 Terra Vista Parkway Pavement Rehabilitation from Church Street to Spruce Avenue From Centerline of Spruce Avenue to the centerline of Church Street (approx. 2100 LF) 8 Center Ave. - 6th St. to 7th St. Centerline of 6th St. to north curb return of 7th St. (approx. 1447 LF) 9 Center Ave. - 7th St. to 8th St. North curb return of 7th St. to centerline of 8th St. (approx. 1080 LF) 10 Marine Avenue Improvements from Humbolt Avenue to 26th Street Centerline of Humbolt Avenue to the centerline of 26th Street (approx. 1200 LF). 11 26th Street Improvements from Center Avenue to Haven Avenue Centerline of Center Avenue to Centerline of Haven Avenue (approx. 1200 It') RAN HO CUCAMONGA [NCIN~EDING D~DAI~TM~NT DATE: September 20, 2000 TO: Mayor and Members of the City, Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13951, LOCATED EAST SIDE OF BERYL, NORTH OF MANZANITA AND WEST OF HELLMAN AVENUE, SUBMITTED BY CCRC 30, LLC RECOMMENDATION: it is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and authorizing the Mayor and Cib/Clerk to sign said agreements, BACKGROUND/ANALYSIS: Improvement Agreements and Improvement Securities to guarantee the construction of the pubtic improvements for Tract '13951 were approved by the City Council on October 6, 1999. The developer, CCRC 30, LLC, is requesting approval of a 12-month extension on said improvement agreements. Copies of the Improvement Agreement Extensions are available in the City Clerk's office. Res ully subm~ WJO:LRB:Is Attachments TR 13951 HILLSIDE HILLSIDE WILSON 'A.,A. N HleHLAND :TORIA UPLAND BABELINE FONTANA THP- CiTY OF eth RANCHO CUCAMOI~A 41h ONTARIO RESOLUTION NO. {~)(~ '/0G>--~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13951 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 6, 1999, by CCRC 39, LLC, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the east side of Beryl, North of Manzanita and west of Hellman Avenue. WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 13951; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the 'City of Rancho Cucamonga, California, hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. r~a CHO CUCAMONGA ENGINEEI~INO DEPADTHENT sta Report DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City ENGINEERING DIVISION BY: Linda R. Beek, Jr. Engineer~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 14381, LOCATED ON THE NORTHWEST CORNER OF ETIWANDA AND WILSON AVENUES, SUBMITrED BY MASTERCRAFT-CUCAMONGA II, LLC RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, acdepting the subject agreement extension and authorizing the Mayor and City Clerk to sign said agreements. BACKGROUND/ANALYSIS: Improvement Agreements and Improvement Securities to guarantee the construction of the public improvements for Tract 14381 were approved by the City Council on October 6, 1999. The developer, Mastercraft-Cucamonga II, LLC, is requesting approval of a 12-month extension on said improvement agreements. Copies of the Improvement Agreement Extensions are available in the City Clerk's office. City Engineer WJO:LRB:Is HILLSIDE - HILLSIDE WILSON N BANYAN HleHLAN UPLAND BABELINE FONTANA Q THE CITY OF RAbICHO CUCAMOI~A 4th ONTARIO RESOLUTION NO. 60 ' / 2'¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14381 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 6, 1999, by Mastercraff-Cucamonga II, LLC, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northwest corner of Etiwanda and Wilson Avenues. WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 14381; and VVHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. RANCHO CUCAMONGA ENGINEEI~ING DEPAI~TMENT S Report DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam. AICP, City Manager FROM: W, Iliam J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 15797-1, SUBMITTED BY TAVA DEVELOPMENT DBA CITATION HOMES, LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND VICTORIA PARK LANE RECOMMENDATION: The required improvements for Tract 15797-1 have been completed in an acceptable manner. and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 15797-1, located on the northeast corner of Milliken Avenue and Victoria Park Lane. 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 and accept the Maintenance Bond. DEVELOPER: Tava Development dba Citiation Homes 19600 FairohM Road, Suite 270 Irvine, CA 92612-2510 CITY COUNCIL STAFF REPORT Tract 15797-1 September 20, 2000 Page 2 Release: Faithful Performance Bond 3SM914490A $949,825.00 Accept: Maintenance Bond 3SM914490A $ 94,986.00 Resl~ctfully submitted j.O,Nei~J'~ City Engineer WJO:LRB:Is Attachments HILLSIDE HILLSIDE WILSON .A.Y. HIGHLAND UPLAND BAgELINE FONTANA THE 'CITY OF RANClIO CUCAMOI~A 41h ONTARIO RESOLUTION NO. (~ ~ ' / ~ '-~ A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15797-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 15797-1, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. RANCHO CUCA MON GA ENCINEEI~ING DEPAI~TI~IENT DATE: September 20, 2000 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Karen McGuire-Emery, Senior Park Planner SUBJECT: APPROVAL TO ACCEPT THE TERRA VISTA PLANNED COMMUNITY MOUNTAIN VIEVV PARK IMPROVEMENT PROJECT FROM KAUFMAN AND BROAD, INC., AS COMPLETE, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT THE MAINTENANCE BOND, AND AUTHORITI~ THE FILING OF A NOTICE OF COMPLETION RECOMMENDATION That the City Council accept as complete the Mountain View Park Improvement Project, located on Terra Vista Parkway, south of Mountain View Drive, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND The 5 acre Mountain View Park Improvement Project, located on Terra Vista Parkway, south of Mountain View Drive (see attached map), has been completed to the satisfaction of the City Engineer. It is therefore. recommended that the City Council accept the project from Kaufman and Broad, Inc., as complete, authorize the City Engineer to file a Notice of Completion for the work, and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. CITY COUNCIL STAFF REPORT ACCEPTANCE OF MOUNTAIN VIEW PARK SEPTEMBER 20, 2000 PAGE 2 Developer: Kaufman and Broad of So. California, Inc. 801 Corporate Center Dr., Suite 201 Pomona, CA 91768-2641 Release: . Faithful Performance Bond 929117041 $782,000 Accept: Maintenance Bond 929117041 $78,2000 Resp Ily s~...~ WillSill City Engineer attachment MOUNTAIN VIEW PARK 500 0 500 Feet Date: September 13, 2000 RESOLLrnON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TERRA VISTA PLANNED COMMLrNITY MOUNTAIN VIEW PARK PROJECT AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Mountain View Park Project, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City ofRancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino. RA C HO CUCAMONGA ENGINEERING DEPARTMENT DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager SUBJECT: APPROVAL TO ACCEPT FOOTHILL BOULEVARD ~NDSCAPE MEDIANS PHASE I FROM VINEYARD AVENUE TO 600 FEET WEST OF HERMOSA AVENUE INCLUDING ~NDSCAPE ONLY BE~EEN HELLMAN AVENUE AND ARCHIBALD AVENUE, CONTACT NO. 99-078 AS COMPLETE AND AUTHORIZE THE CI~ ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTACT AMOUNT OF $983,057.25. RECOMMENDATION: It is recommended that the City Council accept Foothill Boulevard Landscape Medians Phase I from Vineyard Avenue to 600 feet west of Hermosa Avenue including landscape only between Hellman Avenue and Archibald Avenue, Contract No. 99-078 as complete, authorize the City Engineer to file a Notice of Completion and authorize the release of the Performance Bond 35 days after recordation of the Notice of Completion. Also, approve the final contract amount of $983.957.25. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans anti specification and to the satisfaction of the City Engineer. The final contract amount, base on project documentation is $983.057.25. Respectfully submitted, O'Neil City Engineer WJO:JS:sd ,,'.'4~: - "~ MEDIAN LOCATION MAP .~, 7, ,' --I '~ ~_,~ ~ I I t :~ i -< ~ -(I i: ["'. i'~ , T:- ] ~ ~ ~ I ' ~ < : FOOTI!ILL BLVD. __ I I __ ~ 'Z _ , ~ _~__ , i ~ ~.~ '.: , _ SOLID MEDIAN ' ' ~ MEDIAN OPENING ~ ~ ACCESSPOiNTS ./ · -I m.~'~,!;~""~. MEDIAN LOCATION MAP n :~ n-a~t:m~ I III~ ' :u I .,, ._J_,-I-,__-,.. I ~ D -- 0 ~OOTIilLL ~LVD. r I I I ~ ~ 'Spoclal amergoncy acca~ will bo confidefad al'lhl~ LEGE ~ . , . SOLID MEDIAtl ~ ' 0 MEDIAN OPENIN~ ~ ACCES~ SOLUTION NO. 9C>' / <Z 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD LANDSCAPE MEDIANS PHASE I FROM VINEYARD AVENUE TO 600 FEET WEST OF HERMOSA AVENUE INCLUDING LANDSCAPING ONLY BETWEEN HELLMAN AVENUE AND ARCHIBALD AVENUE AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Foothill Boulevard Landscape Medians Phase I from Vineyard Avenue to 600 feet west of Hermosa Avenue including landscaping only between Hellman Avenue and Archibald Avenue, Contract No. 99- 078, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a .' Notice of Completion with the County Recorder of San Bemardino. RANC HO CUCAMONGA ENGI~I~EI~ING DI~PAI~TMENT St fffReport DATE September 20, 2000 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: William J, O'Neil, City Engineer -: ,.spectc.. SUBJECT: ACCEPT THE MODIFICATION OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING AT CARNELIAN STREET AND 19TM STREET (SR 30), CONTRACT NO. 00-12, AS COMPLETE, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $29,500.00 RECOMMENDATION: It is recommended that the City Council acce t the Modification of Traffic Signals and Intersection Lighting at Carnelian Street and 19~ Street (SR 30), Contract No. 00-12, as complete, authodze the City Engineer to file a Notice of Completion and authorize the release of the Performance Bond 35 days after recordation of the Notice of Completion and release the retention in the amount of $2,950.00, 35 days after acceptance. Also, approve the final contract amount of $29,500.00. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $29,500.00. Respectfully submitted, / City Engineer WJO:JH:MDL Attachments Modification of Traffic Signals and Safety Lighting at 19th Street and Carnelian Street City of l~ancho N I ESOLUTIO NO. C) -- / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MODIFICATION OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING AT CARNELIAN STREET AND 19TM STREET (SR 30), AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Modification of Traffic Signals and Intersection Lighting at Carnelian Street and 19th Street (SR 30), Contract No. 00-12, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino. the city of l~ancho Cucamonga Staff Report DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Salvador M. Salazar, AICP, Associate Planner GENERAL PLAN AMENDMENT 00-03A - CITY OF RANCHO CUCAMONGA- A request to change the General Plan land use designation from Flood Control/Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length. APN No. 225-161-64,225-101-41,225-071-61, and 225-082-03. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendure to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, and Etiwanda North Specific Plan Amendment 00-01. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01 - CITY OF RANCHO CUCAMONGA. - A request to change the Etiwanda North Specific Plan zoning designation from Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length APN No. 225-161-64, 225-101-41,225-071-61, and 225-082-03. The County of San Bemardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, General Plan Amendment 00-03A. RECOMMENDATION The Planning Commission recommends approval of General Plan Amendments 00-03A and Etiwanda North Specific Plan Amendment 00-01. CITY COUNCIL STAFF REPORT GPA O0-03A AND ENSPA 00-01 September 20, 2000 Page 2 BACKGROUND/ANALYSIS At its August 23, 2000, meeting, the Planning Commission conducted a public hearing to consider the approval of the subject General Plan Amendment and Etiwanda North Specific Plan Amendment. The Planning Commission recommended that the City Council approve the proposed applications. Additional background and staff analysis of the project are contained in the attached Planning Commission staff report of August 23, 2000. FACTS FOR FINDINGS The Planning Commission findings are contained in the attached staff report of August 23, 2000. If the City Council concurs with the findings of the Planning Commission, it may adopt them for its actions on these applications. CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. Respectfully submitted, Brad Buller City Planner BB: SS\Is Attached: Exhibit "A" - Planning Commission Staff Report dated August 23, 2000 Exhibit "B" - Minutes from August 23, 2000, Planning Commission Meeting Resolution Approving General Plan Amendment 00-03A Ordinance Approving Etiwanda North Specific Plan Amendment 00-01 TH CITY OF I~ANCIIO CUCA~ONGA DATE: Aug;ust 23, 2000 TO. Ghairman and Members of the Planning; Goremission FROM: Brad Bullet, Oity Planner BY: Salvador M. Salazar, AIGP, Associate Planner SUBdEGT: GENERAL PLAN AMENDMENT 00-08A - GITY OF RANGHO GUGAMONGA - A request to change the General Plan land use desig;nation from Flood Gontrol/Utility Gorridor to Low Residential (2-4 dwelling; units per acre) for approximately 64 acres of land (abandoned Southern Galifomia Edison corridor) g;enerally located north of SR ao, on the east side of the northerly prolong;ation of Day Greek Boulevard, approximately 300 feet wide by 8,000 feet in leng;th - APN: 225-'16'1-64, 225-'101-4'1, 225-07'1-6'1, and 225-082-03. The Gounty of San Bemardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in ~{}0'1 and a Supplemental EIR (SEIR) on Ootober 28, ]{}{}{}. The Gity of Rancho Gucamong;a in conjunction with this project has prepared · an addendure to the SEIR. The proposed amendment is intended to create consistency between the Gity of Rancho Gucamong;a General Plan and the Gounty approved University Planned Development, Related files: Development Ag;reement 00-02, Annexation 00-0'1, and Etiwanda North Specific Plan Amendment 00-0'1. ETIWANDA NORTH SPEGIFIG PLAN AMENDMENT 00-0'1 - GITY OF RANGHO GUGAMONGA. - A request to chang;e the Etiwanda North Specific Plan zoning; desi{}nation from Utility Corridor to Low Residential (2-4 dwelling; units per acre) for approximately 64 acres of land (abandoned Southern Galifornia Edison corridor) g;enerally located north of SR :30, on the east side of the northerly proton{}ation of Day Creek Boulevard, approximately 800 feet wide by 8,000 feet in leng;th - APN: 225-'16~-64, 225-~0'1-4'1,225-071-6'1, and 225-082-03. The County of San Bemardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in '1~{}'1 and a Supplemental EIR (SEIR) on October 26, '1{}{}{}. The City of Rancho Gucamong;a in conjunction with this project has prepared an addendure to the SEIR. The proposed amendment is intended to create consistency between the Gity of Rancho Gucamon{}a General Plan and the Gounty approved University Planned Development. Related files: Development Ag;reement 00-02, Annexation 00-0% and General Plan Amendment 00-03A. BAGKGROUND: On October 26, 1{}9{}, the Gounty Board of Supervisors approved a mixed-use development project consisting; of 685 residential lots and two commercial centers. On November 2{}, ~{}{}{}, the City of Rancho Cucamong;a filed a lawsuit ohalleng;in{} the adequacy of the environmental document prepared for the project. In dune 2000, the Gity, Gounty of San Bemardino, and project proponent reached a conditional settlement a{}reement, which required the parties to perform specific PLANNING COMMISSION STAFF REPORT GPA 00-03A, ENSPA 00-01 - CITY OF RANCHO CUCAMONGA July 12, 2000 Page 2 actions. In keeping with the settlement agreement, the City of Rancho Cucamonga filed an application for a General Plan Amendment (GPA) and Etiwanda North Specific Plan Amendment (ENSPA) for a segment of the abandoned Edison Corridor. The subject property currently has a utility corridor land use and zoning designation. The proposed amendments are intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. PROJECT DESCRIPTION AND DENSITY: The site is an undeveloped alluvial fan, with a gentle slope from north to south. Vegetation type is grassland and Riversidian Alluvial Fan Scrub (RAFS). The proposed amendments to the General Plan and the Etiwanda North Specific Plan will allow for the development of 2-4 dwelling units per acre of land. Presently, residential uses are not allowed in the Utility Corridor. Surroundinq Land Use and Zoninq: North- Edison Utility Corridor, County West Valley Foothills Community Plan designation is Institutional. City prezone is Public Land and Utility Corridor. South- SR 30 (currently under construction). Across the freeway, within City limits, is Low Residential (2-4 dwelling units per acre). East - Undeveloped, West Valley Foothills Community Plan designation is Planned Development (3 dwelling units per acre). City prezone is Low Residential (2-4 dwelling units per acre). West - Undeveloped, West Valley Foothills Community Plan designation is Planned Development (3 dwelling units per acre) and Institutional. City prezone is Low Residential (2-4 dwelling units per acre). General Plan Desiqnation: North - County West Valley Foothills Community Plan designation is Institutional. City General Plan designation is Open Space and Flood Control/Utility Corridor. South- City General Plan designation (across the SR 30) is Neighborhood Commercial and Low Residential (2-4 dwelling units per acre). East- County West Valley Foothills Community Plan designation is Planned Development 3 dwelling units per acre. City General Plan Designation is Low Residential (2-4 dwelling units per acre). West- County West Valley Foothills Community Plan designation is Planned Development (3 dwelling units per acre). City General Plan Designation is Low Residential (2-4 dwelling units per acre). GENERAL PLAN AMENDMENT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT: The proposed land use and specific plan amendments to the Edison Corridor are similar to the ones previously approved by the City for the segment of the Edison Corridor on the south side of SR-30. The proposed Amendments will provide a reasonable and logical extension of the existing land use pattern in the surrounding area. The properties located on the east and west sides of the project have a low residential land use and zoning designation. The change will promote a compatible and harmonious arrangement of land uses in the area. Therefore, the change in the land use and zoning designation PLANNING COMMISSION STAFF REPORT GPA 00-03A, ENSPA 00-01 - CITY OF RANCHO CUCAMONGA July 12, 2000 Page 3 would allow for the development of land similar to, and consistent with, other development projects in the area (within the City of Rancho Cucamonga boundaries). City Council. In June 2000, the City Council, by entering into the conditional settlement agreement with the County of San Bemardino and the project developer, authorized staff to file the General Plan Amendment and Etiwanda Nodh Specific Plan Amendment applications. Environmental Assessment: The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an Addendum to the SEIR. Therefore, the preparation of additional environmental documents for this project is not required. FACTS FOR FINDING: Based upon the facts and conclusions listed above, staff believes the Planning Commission can make the following facts for findings regarding these applications: A. The properties are suitable for the uses allowed in the proposed land use and development district designation in terms of access and size with similarly designated parcels. B. The proposed amendments would not have additional significant impacts on the environment nor the surrounding properties as evidenced by the findings and conclusions of the Addendure to the SEIR prepared in conjunction with this project. C. The proposed amendments are in conformance with the General Plan, Etiwanda North Specific Plan and the Development Code because of the site's capacity to promote the goals and objectives for a residential development. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the City Council approve General Plan Amendment 00-03A, and Etiwanda North Specific Plan Amendment 00-01 by adoption of the attached Resolutions. City Planner BB:SS\Is Attachments: Exhibit "A" - Vicinity Map Exhibit "B"- General Plan Map Exhibit "C" - Etiwanda North Specific Plan Map Resolution Recommending Approval of General Plan Amendment O0-03A Resolution Recommending Approval of Etiwanda North Specific Plan Amendment 00-01 CITY OF RAN{ CUCAMONGA ~' 1 F'I I ' \ L. ,,' I' I I ,-----,~ i_.~ maps, data and ge~mphic ~f~ ("lnf~") available GENERAL PLAN MAP 0.7 0 0.7 1.4 Miles ~ ELEMENTARY SCHOOL ~ FLOOD CONTROL/UTILITY CORRIDOR ~ HILLSIDE RESIDENTIAL ; LOW ~ LOW MEDIUM ~ MAJOR ROADS M NEIGHBORHOOD COMMERCIAL EXHIBIT B ~ OPEN SPACE GPA 00-03A ~ PARK f~ VERY LOW ETIWANDA NORTH SPECIFIC PLAN .:.~.~.~.~.~.~.~,~.~,~.i.!.i.!.~.i.i.:.i,:.i,:,!.:.!=i:.:.:.:.:.:.:.:,:.: .:.:,:.:.:.:.:.:.:.: 0.7 0 0.7 1.4 Miles ~ Hillside Residential EXHIBIT C r"'l open space E,sP oo~ r~ Po~, C. GENERAL PLAN AMENDMENT 00-03A - CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Flood Control/Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern Califomia Edison corridor), generally located north of SR 30 on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length- APN: 225-161-64, 225-101-41,225-071-61, and 225-082-03. The County of San Bemardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October26, 1999. The City of Rancho Cucamonga, in conjunction with this project. has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, and Etiwanda North Specific Plan Amendment 00-01. D. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01 - CITY OF RANCHO CUCAMONGA. - A request to change the Etiwanda North Specific Plan zoning designation from Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately64 acres of land (abandoned Southem California Edison corridor), generally located north of SR 30 on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length -APN: 225-161-64, 225-101-41,225-071-61, and 225-082-03. TheCountyofSan Bemardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October26, 1999. The City of Rancho Cucamonga, in conjunction with this project, has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, General Plan Amendment 00-03A. Larry Henderson, Principal Planner. presented the .staff report. Chairman McNiel commented that he understood there is a proposed development for the site. Mr. Henderson confirmed that was correct and stated the County approved a project which the City is now in the process of annexing into the City. Chairman McNiel asked if 5 acres would be viable for a commercial development. Mr. Henderson replied that the Development Agreement asks that the applicant look at expanding the area. Chairman McNiel asked if the project will go through the Design Review process. Mr. Henderson confirmed that it will. Chairman McNiel opened the public hearing. Ben Anderson, U.C.P. Incorporated, 5109 East La Palma. Suite D, Anaheim, stated the Development Agreement had been approved by the City Council on August 16. He said they agree with the staff report and indicated he was available to answer questions. Hearing no further testimony, Chairman McNiel closed the public hearing. He felt it was good that the project is being processed in the City because it will be under the control of the City where the project will have the greatest impact. He thought the project will be good because of the cooperation between the developer and the City. Planning Commission Minutes -3- August 23, 2000 EXHIBIT "B" Motion: Moved by Mannedno, seconded by Macias, to adopt the resolutions recommending approval of General Plan Amendment 00-03A and Etiwanda North Specific Plan Amendment 00-01. Motion carded by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - carded JPI - The development of 521 apartments on 20.46 acres of land in the Mixed Use Planning IX (Subarea 18) of the Industrial Area Specific Plan, located on the northwest comer of ~ Street and Milliken Avenue. An Environmental Impact Report was previously certified in 994. An addendum to the EIR is being prepared to allow multiple-family residential uses as iditional permitted use in Planning Area IX. The addendum is being prepared in , with the Califomia Environmental Quality Act (CEQA) - APN: 209-272-17. Douglas Fenn Planner, presented the staff report and indicated some proposed changes to the resolution in front of the Commissioners as well as 11 letters Of support from various businesses. Dan James, Senior Civil !r, indicated staff was supportive of deleting Engineering Condition 7 which required curvilinea ks on Sixth Street and Milliken Avenue because the urban street scheme for the project a linear sidewalk. He noted the applicant is proposing Palm trees and they will add a~ planting species into the area behind the Palm trees in order to be compatible with the r of the street trees. He also suggested that Engineering Condition 3b be deleted, as Seventh will be designed as an exit only. Commissioner Stewart asked the project. Mr. Fenn replied it is approximately 31 percent. Commissioner Stewart asked how many covered included. Mr. Fenn observed the code calls for 563. Brad Buller, City Planner, stated the applicant had indicated meet code even though the applicant had not shown where the additional spaces Commissioner Stewart asked if the applicant had met the Mr. Buller said staff concurs with the revised submission. Commissioner Mannerino asked if the applicant had agreed to all Mr. Bullerfelttheapplicantwillcomplywiththeconditions. He said that staff su changes regarding the sidewalk. Commissioner Macias asked what would happen if the applicant and City staff could not a Mr. Buller stated that if he makes a decisio Planning Commission Minutes -4- August 23, 2000 EXHIBIT "B" .ESOLU ',ON NO. 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-03A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR FOUR PARCELS OF LAND TOTALING 64 ACRES IN SIZE FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-161-64, 225-101-41,225-071-61, AND 225-082-03 A. Recitals. 1. The City of Rancho Cucamonga filed an application for General Plan Amendment 00-03A, as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On October 26, 1999, The County Board of Supervisors reviewed and approved a residential development project consisting of 685 residential lots and two commercial centers. 3. On October 26, 1999, County of San Bernardino Board of Supervisors recognized an Environmental Impact Report (EIR) certified in 1991 and certified a Supplemental EIR (SEIR) for the project. 4. On November 29, 1999, the City of Rancho Cucamonga filed a lawsuit on the adequacy of the EIR and SEIR for the project. 5. In June 2000, the City of Rancho Cucamonga, County of San Bernardino, and U.C.P. Inc., reached a conditional settlement agreement. As part of the settlement agreement the developer and the City are required to perform specific actions. 6. The City of Rancho Cucamonga, in keeping with the settlement agreement, filed an application for a General Plan Amendment (GPA) and Etiwanda North Specific Plan Amendment (ENSPA) for a segment of the abandoned Edison Corridor. 7. The subject property currently has a utility corridor land use and zoning designation. 8. The proposed amendments are intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development 9. The City of Rancho Cucamonga) prepared an addendum to the County certified SEIR in conjunction with this General Plan and Etiwanda North Specific Plan Amendments. 10. On August 23, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 11. All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: CITY COUNCIL RESOLUTION NO. GPA 00-03A - CITY OF RANCHO CUCAMONGA September 20, 2000 Page 2 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. ' Based upon the substantial evidence presented to this Council during the above- referenced public hearing on September 20, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property currently located within the City of Rancho Cucamonga's Sphere of Influence. The parcels are approximately 64 acres of land, basically a rectangular configuration approximately 300 feet in width by 8000 feet in length, located north of SR 30 on the east side of the northerly prolongation of Day Creek Boulevard, which is presently vacant. Said property is currently designated as Utility Corridor; and b. The properties to the east and west of the subject site are designated Low Residential (2-4 dwelling units per acre) and are vacant; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment promotes the goals and objectives of the Land Use Element; and 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a The subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area by satisfying the minimum parcel size requirement for the land use designation and continuing the single-family residential development pattern in the vicinity of the project area; and b. On the basis of the facts and evidence set forth in the Initial study and Addendum prepared in conjunction with this project, the City of Rancho Cucamonga has determined that the Addendure is the adequate environmental analysis that is required as authorized by Section 21166 of CEEQA and Section 15162 of the Guidelines; and c. The proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby parcels of land. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby approves General Plan Amendment 00-03A, designating the subject site as Low Residential (2-4 dwelling units per acre). 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER 2000 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-161-64, 225-101-41,225-071-61, AND 225-082-03 A. Recitals. 1. The City of Rancho Cucamonga filed an application for Etiwanda North Specific Plan Amendment No. 00-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On August 23, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated General Plan Amendment application and issued Resolution No. 00-88, recommending to the City Council that General Plan Amendment No. 00-03A be approved. 3. On August 23, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval of the application by the adoption of Resolution No. 00-88. 4. On September 20, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment application and issued Resolution No. 00-_, approving the associated General Plan Amendment No. 00-03A. 5. On September 20, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. .SECTION 2: Based upon the substantial evidence presented to this Council during the above-referenced public hearing on September 20, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The application applies to property currently located within the City of Rancho Cucamonga's Sphere of Influence. The parcels are approximately 64 acres of land, basically a rectangular configuration approximately 300 feet in width by 8000 feet in length, located north of CITY COUNCIL ORDINANCE NO. ENSPA 00-01 -CITY OF RANCHO CUCAMONGA September 20, 2000 Page 2 SR 30 on the east side of the northerly prolongation of Day Creek Boulevard, which is presently vacant. Said property is currently designated as Utility Corridor; and b) The properties to the east and west of the subject site are designated Low Residential (2-4 dwelling units per acre) and are vacant; and c) This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d) This amendment does promote the goals and objectives of the Land Use Element; and e) The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October26, 1999. The City of Rancho Cucamonga. in conjunction with this project, prepared an addendum to the SEIR. The addendum determined that no additional environmental studies were required to be prepared. Therefore, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have additional significant impact on the environment nor the surrounding properties. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a) That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area as evidenced by its frontage on a public street and its size exceeding minimum size requirements for the land use designation; and b) On the basis of the facts and evidence set forth in the Initial study and Addendum prepared in conjunction with this project, the City of Rancho Cucamonga has determined that the Addendum is the adequate environmental analysis that is required as authorized by Section 21166 of CEQA and Section 15162 of the Guidelines; and c) The proposed amendment is in conformance with the General Plan, which contains provisions for Mixed Use land use designations. SECTION 4: Based upon the findings and conclusions set forth in sections 1, 2, and 3 above, this Council hereby approves Etiwanda North Specific Plan Amendment No. 00-01 to change the zoning designation from Utility Corridor to Low Residential (2-4 dwelling units per acre) as shown in Exhibit "A" of this Ordinance, SECTION 6: The City Clerk shall certify to the adoption of this Ordinance. THE CITY OF ~ANCHO CUCAHONGA St ffReport DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-03 (RANCHO SUMMIT) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS RECOMMENDATION It is recommended that the City Council open the public hearing and take testimony on forming and establishing Community Facilities District (CFD) 2000-03 (Rancho Summit) and authorizing the levy of a special tax in the CFD to finance the provision of certain public services and the acquisition of certain public facilities. During this hearing it is also recommended that the City Council take testimony on the necessity to incur bonded indebtedness and submitting a proposition to the qualified electors of CFD 2000-03. This action is brought to you in accordance with the request of the property owner and pursuant to City policy. BACKGROUND The proposed CFD is being requested by Lennar Homes to fund public improvements and parks related to their development of Tract 14759 (Rancho Summit). The development in question is located south of Summit Avenue on the east and west sides of Wardman Bullock Road. Attached is a boundary map showing the exact boundaries of CFD 2000-03. These facilities will serve the residents in the northeast region of the community by providing three needed parks and beautification improvements along the public streets. Specifically the improvements will be the land clearing, grading, and hardscape of three new parks as well as various hardscape and walls associated with the beatification of Summit Ave. and Wardman Bullock Rd. In addition, this CFD will fund the maintenance for these parks and the public landscaping in this tract, much like the landscape APPROVAL OF RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-03 (RANCHO SUMMIT) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND DECLARING NEESSITY TO INCUR BONDED IDEBTEDNESS AND SUBMIqFrlNG A PROPOSITION TO THE QUALIFIED ELECTORS September 20, 2000 Page 2 maintenance districts we use in other parts of the City. To help fund these improvements and to insure their continued maintenance, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated formation costs are being borne by the developer. In order to pay for these improvements, a facilities and a maintenance special tax will be levied. These special taxes will be on the properties in the CFD only. The facilities special tax is based on the square footage of the home for residential properties and is based on acreage for non-residential property. The maintenance special tax is based on a per unit amount for developed or subdivided property and a per acre amount for non residential and undeveloped property. The facilities tax rates are listed in Table 1 and the maintenance special tax rates are listed in Table 2 below. TABLE f Land Use Class Residential FloorArea Assigned Facilities Special Tax I <2,500 Sq. Ft $243.00 per unit 2 2,500-2,999 Sq. Ft 300.00 per unit 3 3,000-3,499 Sq. Ft 566.00 per unit 4 3,500-3,999 Sq. Ft 998.00 per unit 5 4,000 Sq. Ft and above 1,259.00 per unit 6 Non-Residential Property $2,591.00 per Acre TABLE 2 Land Use Class Maintenance Special Tax Developed Property (Classes 1-5) $900.00 per unit Non-Residential Property 4,462.50 per Acre Subdivided Undeveloped Property 900.00 per Parcel Undeveloped Property 4,462.50 per Acre These rates for the special taxes are consistent with the City policy to insure that the total taxes on any property do not exceed 2%. These special tax rates have been reviewed with the property owner and they are in concurrence with the rate and method of apportionment for the special taxes. Finally, in order to finance the facilities in question, it is necessary for the CFD to incur bonded indebtedness. The debt service for these bonds will be paid from the proceeds of the special tax levied in this CFD. No other property owners or residents will be responsible for this debt. It is proposed that the total amount of bonded indebtedness shall not exceed $3,000,000. -2- /0/ APPROVAL OF RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-03 (RANCHO SUMMIT) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND DECLARING NEESSITY TO INCUR BONDED IDEBTEDNESS AND SUBMITTING A PROPOSITION TO THE QUALIFIED ELECTORS September 20, 2000 Page 3 Before the bonded indebtedness and levy of the special tax can happen, the property owners of the CFD need to vote on the matter. The attached resolution contains the language of the ballot proposition and sets the date for the election as October 11, 2000, It should be noted that there is only one property owner, Lennar Homes, and they are the only qualified elector. The property owner is the party that originally requested the formation of this CFD. If the City Council decides to approve these resolutions then the matter will be put before the property owner for a vote. If the vote is successful, the staff will levy the special tax and sell the necessary bonds to see that these needed public facilities, including the parks, are financed. These actions are consistent with established City policy on CFD formations and comply with the necessary state regulations regarding these matters. Duane A. Baker Assistant to the City Manager -3- Ib3 PROPOSED BOUNDARIES ~. ,,, =,., ==_, COMMUNITY FACILITIES DISTRICT NO.2000-03 (RANCHO SUMMIT) ~,.=,,,,,,. CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA INTERSTATE 10 INDEX MAP PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-03 (RANCHO SUMMIT) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA HIGHLAND AVENUE '~"%~ E',,vz~. ',~// COMMUNITY FACILITIES DISTRICT REPORT CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCliO SUMk~T) CITY OF RANCHO CUCAMONGA SAN BERNARDINO COUNTY, CALIFORNIA SUBMITTED SEPTEMBER 18, 2000 I I I I I I I I I I I I I T H E C | T Y0 F I I I I I COMMUNITY FACILITIES DISTRICT REPORT CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) TABLE OF CONTENTS PAGE INTRODUCTION 1 A. DESCRIPTION OF FACILITIES AND SERVICES 2 Facilities Services B. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2 C. COST ESTIMATES FOR FACILITIES AND SERVICES 3 D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 3 E. GENERAL TERMS AND CONDITIONS 3 Facilities Bonds EXHIBITS Boundaries of District and Map A-1 Cost Estimates and Services B-1 Rate and Method of Apportionment of Special Tax C-1 September 18, 2000 City of Rancho Cucamonga DISTRICT REPORT CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) INTRODUCTION WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter 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. 2000-03 (Rancho Summit), (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 Willdan/MuniFinancial, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Code, does hereby submit the following: September 18, 2000 Page 1 City of Rancho Cucamonga A. DESCRIPTION OF FACILITIES AND SERVICES I The facilities and services described below are proposed to be financed by City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the I "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 I 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 I thereof. Facilities I The facilities include certain real or other tangible property described below, to serve the area located within the District, including all furnishings, equipment and supplies related I 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 I construct, own or operate. A general description of the Facilities is as follows: I 1. Park improvements to three (3) parks to be located within the District including cleaning and grading of such park sites, park hardscape and restrooms; I 2. Street improvements; 3. Parkway hardscape. I Services The services include the maintenance of the three (3) parks, parkways and trails located I within the District. I B. BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT I The boundaries of the District coincide with the residential development generally known as Rancho Summit 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 I development is proposed to include 357 residential units. The boundaries of the District are described on Exhibit "A," a reduced scale map I entitled Proposed Boundaries of Community Facilities District No. 2000-03 (Rancho Summit) which is attached hereto and incorporated herein. A full scale map is on file with the City Clerk of the City of Rancho Cucamonga. I I September 18, 2000 Page 2 City of Rancho Cucamonga I C. COST ESTIMATES FOR FACILITIES AND SERVICES I The cost estimate for the Facilities for the District is based upon current dollars with no provision for escalation. I It is proposed that the District incur a bonded indebtedness of $3,000,000 secured by the levy of special taxes within the District for the purpose of financing the acquisition of the Facilities including, but not limited to the financing of the costs associated with the I issuance of the bonds and all other incidental costs necessary to finance acquisition of the Facilities. I The actual cost of services shall be determined from time to time by the City Council in conjunction with the facilities to be constructed and are subject to escalation. The costs will be funded in whole or part from the special tax. I For further particulars on the estimated costs of the Facilities and Services reference is i made to Exhibit "B", Cost Estimates and Services. I D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES i 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. I For particulars of the rate and method of apportionment, See Exhibit "C," Rate and Method of Apportionment of Special Tax. I E. GENERAL TERMS AND CONDITIONS I Facilities I The description of the Facilities, as set forth herein, is general in nature. The final nature and location of the Facilities will be determined upon the preparation of final plans and specifications. I Bonds I The financing of the acquisition of the Facilities, as set forth in this Report, requires that bonds be issued pursuant to the terms, conditions and authorization of the Mello-Roos i Community Facilities Act of 1982. I September 18, 2000 Page 3 City of Rancho Cucamonga It is my opinion that the special tax rate and method of apportionment as above set forth I 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. I Willdan/MuniFinancial Lyn Gruber I I I I I I I I I I I I I I September 18, 2000 Page 4 City of Rancho Cucamonga EXHIBIT A I BOUNDARIES OF DISTRICT AND MAP I I Boundaries of District: The exterior boundaries of the District are shown on that certain map now on file in the I Office of the City Clerk entitled "Proposed Boundaries of City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit)" which map indicates by a boundary line the extent of the territory included in the proposed District and shall I govern for all details as to the extent of the District. I Boundary Map: A reduced copy of the Boundary Map follows. The original of such map is on file in the I Office of the City Clerk and in the records of the County Recorder, County of San Bernardino, State of California. I Site Location: I The site is being designated as Rancho Summit and is located in the northeast portion of the City west of Interstate 15 south of Summit Avenue. I I I I I I I I September 18, 2000 A-1 City of Ransho Cucamonga I PROPOSED BOUNDARIES I COMMUNITY FACILITIES DISTRICT NO.2000-O3 (RANCHO SUMMIT) I CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA 'I'llACt I I I UPLAND I I FOi'~TANA I I I INTERSTA"r'EI0 ~mi~ ....~,~.~,w~w~.~ INDEX MAP -'- ......." I I I PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-03 (RANCHO SUMMIT) I CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO I STATE OF CALIFORNIA WILSON AV!9,1UE B. JMMIT AVENUE I I I I I I I HIGHLAND AVENUE I i I EXHIBIT B I COST ESTIMATES AND SERVICES I Facilities Budget I Park A Concrete Walks $ 34,825 I Park Entry Sign 4,500 Drainage 20,000 Rough Grading 50,000 I Fine Grading and Soil Preparation 22,834 Split Face Wall 26,264 i Pilasters 5,000 Total $ 163,423 i Park C Parking Lots 39,754 Concrete Path 44,235 i Restroom 150,000 Park Entry Sign 4,500 Drainage 25,000 I Rough Grading 90,000 Fine Grading and Soil Preparation 42,848 Split Face Wall 32,487 I Pilasters 7,500 Equestrian Trail 9,159 Hitching Post 900 I Rail Fence 37,521 Retaining Wall 2,275 Total $ 486,179 I Park B Park Entry Sign 4,500 I Restroom 150,000 Total $ 154,500 I Infrastructure Grading Clearing and demolition 220,550 Wardman Bullock/Youngs Canyon 200,000 I Summit Avenue 100,000 Total $ 520,550 I I September 18, 2000 B-1 City of Rancho Cucamonga Facilities Budget Cont. I Infrastructure Engineering Civil 152,350 I Soils 84,500 Traffic 5,000 Utilities 64,000 I Total $ 305,850 Walls and Fences I Slump Block Wall at Wilson Ave. 90,200 Rail Fence at Wilson Ave. 7,040 Slump Block Wall at Wardman 129,800 I Rail Fence at Wardman 21,780 Slump Block Wall at Summit Ave. 124,850 Rail Fence at Summit Ave. 16,390 I Perimeter Block Wall 231,000 $ 621,060 I TOTAL $ 2,251,562 I Annual Maintenance Budget i Parks (19 Acres) $ 285,000 Trails &Landscaping (2.8 Acres) 39,000 Total Estimated Maintenance Budget $ 324,000 I Estimated at build out of parks and costs are subject to escalation. I SUBSTITUTION OF FACILiTES The description of the Facilities, as set forth herein, is general in its nature. The final I nature and location of the Facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed Facilities in order to provide the public facilities necessitated by I development occurring in the District, and any such substitution shall not be a change or modification in the proceedings as long as such substitute facilities serve a function or provide a service substantially similar to that function served or the service provided by I the Facilities described in this Report. I I I September 18, 2000 B-2 City of Rancho Cucamonga EXHIBIT C I CITY OF RANCHO CUCAMONGA i COMMUNITY FACILITIES DISTRICT NO. 2000-03 (Rancho Summit) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX I Special Tax applicable to each assessor's parcel or portion thereof in the CFD shall be I levied and collected according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the CFD, unless exempted by law or by the provisions of this Rate I and Method of Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided. I I. DEFINITIONS "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, I being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. I "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or I other map or plan recorded with the County. "Administrative Fees or Expenses" means the actual or estimated costs I incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, paying agents, fiscal agents, and trustees; the costs of collecting installments of the I Special Taxes; cost of arbitrage calculation and arbitrage rebates, preparation of required reports; and any other costs required to administer the CFD as determined by the City. I "Administrative Services Director" means the Administrative Services Director I of the City or his or her designee. "Allocated Share" means, as applicable, the greater of the Assigned Facilities i Special Tax for a Parcel divided by the Assigned Facilities Special Tax Revenue or the Backup Facilities Special Tax for a Parcel divided by the Backup Facilities Special Tax Revenue. I "Assessor" means the Assessor of the County. I "Assigned Facilities Special Tax" means the Special Tax for each Land Use Class of Developed Property as determined in Section Ill, Table 1. I September 18, 2000 C-1 City of Rancho Cucamonga I "Assigned Facilities Special Tax Revenue" means the sum of the Assigned Facilities Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section III, Table 1. I "Backup Facilities Special Tax" means the Backup Facilities Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in I accordance with Section Ill below. "Backup Facilities Special Tax Revenue" means the sum of the Backup I Facilities Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section III below. I "Bonds" mean any bonds issued by the CFD or other debt as defined in Section 53317 (d) of the Act incurred by CFD 2000-03. I "Bond Share" means the share of Bonds assigned to a Developed Parcel calculated pursuant to Section VI. I "CFD" means the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit). I "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting as I the legislative body of the CFD pursuant to the Act. i "County" means the County of San Bemardino, California. "Debt Service" means for each calendar year, the total scheduled amount of the i principal of and the interest payable on any'Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. i "Developed Property" means for each Fiscal Year, all Taxable Property, for which a building permit for new construction was issued after March 1, 2000 and prior to March I of the prior Fiscal Year. I "Facilities Special Tax Requirement" means for any Fiscal Year, the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such I Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year [subject to the limitations of I Government Cdde Section 53321(d)], less any credit from earnings on the bond reserve fund. I "Fiscal Year" means the period starting on July 1 and ending the following June 30. September 18, 2000 C-2 City of Rancho Cucamonga I "Indenture" means the bond indenture, fiscal agent agreement, indenture of trust, trust agreement, resolution of issuance of other instrument pursuant to which the Bonds are issued, as modified, amended and/or supplemented from I time to time, and any instrument replacing or supplementing the same. "Maintenance Special Tax" means the amount of Special Tax, determined in I accordance with Section Ill, which may be levied for maintenance in any Fiscal Year on Developed Property. I "Maintenance Special Tax Requirement" means for any Fiscal Year the total of i) the amount necessary to maintain the authorized facilities as determined by the City Engineer or his/her designee, ii) the amount necessary to pay for the I annual costs of administering the maintenance services and the levy and collection of the Maintenance Special Tax, and, iii) an amount necessary to fund an operating reserve for maintenance, unanticipated increases in the cost of I providing such maintenance services and unanticipated expenditures. "Maximum Facilities Special Tax" means the greater of the Assigned Facilities I Special Tax or the Backup Facilities Special Tax, determined in accordance with Section III, which can be levied in any Fiscal Year on any Parcel. I "Maximum Special Tax" means the combination of the Maximum Facilities Special Tax, as determined in accordance with Section Ill, and the Maintenance i Special Tax, as determined in accordance with Section III. "Non Residential Property" means any Developed Property which is not i assigned to Land Use Classes 1 through 5, inclusive. "Outstanding Bonds" means the total principal amount of Bonds that have i been issued and not retired or defeased. "Parcel" means any County assessor's parcel that is within the boundaries of i the CFD, based on the equalized tax rolls of the County as of January I of the prior Fiscal Year. I "Parcel's Allocated Share" means the Maximum Facilities Special Tax for a Parcel divided by the aggregate Maximum Facilities Special Tax for all Parcels. I "Payoff Parcel" means any Developed Parcel for which a prepayment of the Facilities Special Tax Obligation is being calculated pursuant to Section VI. I "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. I "Reserve Requirement" shall have the meaning given such term in the Indenture. I September 18, 2000 C-3 City of Rancho Cucamonga I "Reserve Fund Share" means the total Reserve Fund amount multiplied by the Parcel's Allocated Share. I "Residential Floor Area" means, for a Parcel of Developed Property assigned to one of Land Use Classes 1 through 5. all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, I garage, overhang, patio, enclosed patio. or similar area. The determination of Residential Floor Area for a Parcel shall be made by reference to the building permit(s) issued for such Parcel. I "Special Tax" means the special tax to be levied pursuant to the Act and this Rate and Method of Apportionment of Special Tax in each Fiscal Year on each I Parcel of Developed Property or Undeveloped Property within the CFD to fund the Facilities Special Tax Requirement and Maintenance Special Tax Requirement. I "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Facilities Special Tax or the Maintenance Special Tax, as applicable, for the I remaining term of the Facilities Special Tax or the remaining life of the CFD in the case of the Maintenance Special Tax. I "Subdivided Undeveloped Property" means lots created by the recordation of a Tract Map and assigned an individual Assessor Parcel number by the i Assessor. "Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. I "Tax-Exempt Property" means not to exceed 27.5 acres of land presently designated on the land use entitlements approved by the City for development i within the CFD for public use as parkways, parks and trails. Should any of these areas become subject to private development, they shall become subject to the Special Tax described in Section III, from the time the appropriate public agency i acts to permit the property to become available for private development. "Tract Map" means a final subdivision map or parcel map approved by the City I to create lots which may be developed in accordance with the approved land use entitlements applicable to such lots. "Undeveloped Property, means, for each Fiscal Year, all Taxable Property not I classified as Developed Property. I II. CLASSIFICATION OF PARCELS I At the beginning of each Fiscal Year, using the definitions above, the Council shall cause each Parcel to be classified as Developed Property, Subdivided I September 18, 2000 C-4 City of Rancho Cucamonga Undeveloped Property, Tax-Exempt Property or Undeveloped Property and each I such Parcel shall be subject to the levy of Special Taxes in accordance with the Section Ill below. I III. MAXIMUM SPECIAL TAX RATES A. Facilities Special Tax I Developed Property I Each Parcel's Maximum Facilities Special Tax shall be calculated by using the greater of the Assigned Facilities Special Tax or the Backup Facilities Special Tax. Each Parcel of Developed Property which involves I residential development shall be assigned to Land Use Classes 1 through 5 as listed in Table 1 below based on the Residential Floor Area Footage allocated to the dwelling unit constructed or permitted to be constructed on I such Parcel. Non Residential Property shall be assigned to Land Use Class 6. I TABLE 1 i Land Use Residential Floor Assigned Facilities Class Area Special Tax 1 <2,500 Sq. Ft $243.00 per unit i 2 2,500-2,999 Sq. Ft 300.00 per unit 3 3,000-3,499 Sq. Ft 566.00 per unit 4 3,500-3,999 Sq. Ft 998.00 per unit I 5 4,000 Sq. Ft and 1,259.00 per unit above 6 Non-Residential $2,591.00 per Acre I Property On each July 1, commencing on July 1, 2002, the Assigned Facilities I Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. I Backup Facilities Special Tax Taxes may exceed the levels set forth in Table 1 if the Backup Facilities I Special Tax is greater than the Assigned Facilities Special Tax. For Fiscal Year 2001/02 the Backup Facilities Special Tax for Developed Property is $0.063 per Square Foot of lot space. On each July 1, commencing on I July 1, 2002, the Backup Facilities Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. I I September 18, 2000 C-5 City of Rancho Cucamonga Undeveloped Property I The Fiscal Year 2001/02 Maximum Facilities Special Tax for Undeveloped Property shall be $2,979 per Acre or $600 per subdivided lot. On each I July 1, commencing on July 1, 2002, the Maximum Facilities Special Tax for Undeveloped Property shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. I B. Maintenance Special Tax I In addition, each parcel shall be subject to a Maintenance Special Tax as described in Table II. I TABLE II I LAND USE CLASS MAINTENANCE SPECIAL TAX Developed Property (Classes 1-5) $900.00 per unit I Non-Residential Property 4,462.50 per Acre Subdivided Undeveloped Property 900.00 per Parcel i Undeveloped Property 4,462.50 per Acre The Maintenance Special Tax shall be levied beginning in Fiscal Year I 2001/02. On each July 1, commencing July 1, 2002, the Maintenance Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. I IV. APPORTIONMENT OF SPECIAL TAX I A. Facilities Special Tax Commencing with Fiscal Year 2001/02 and for each following Fiscal Year, the I Council shall determine the Facilities Special Tax Requirement and levy the Facilities Special Tax until the amount of Facilities Special Taxes levied equals the Facilities Special Tax Requirement. The Facilities Special Taxes shall be I levied each Fiscal Year as follows: First: The Facilities Special Tax shall be levied on Developed Property in an I amount up to 100% of the applicable Assigned Facilities Special Tax; Second: If additional monies are needed to satisfy the Facilities Special Tax Requirement after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Undeveloped Property; I I September 18, 2000 C-6 City of Rancho Cucamonga Third: If additional monies are needed to satisfy the Facilities Special Tax I Requirement after the first two steps have been completed, then the levy of the Facilities Special Tax on each Parcel of Developed Property whose Maximum Facilities Special Tax is determined through the application of the Backup I Facilities Special Tax shall be increased Proportionately from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Parcel. I B. Maintenance Special Tax I First: The Maintenance Special Tax shall be levied on Developed Property in an amount up to 100% of the Maintenance Special Tax; I Second: If additional monies are needed to satisfy the Maintenance Special Tax Requirement after the first step has been completed, the Maintenance Special Tax shall be levied Proportionately on each Parcel of Subdivided Undeveloped I Property up to 100% of the Maximum Facilities Special Tax for Subdivided Undeveloped Property; I Third: If additional monies are needed to satisfy the Maintenance Special Tax Requirement after the first two steps have been completed, the Maintenance i Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Undeveloped Property. I V. MANNER OF COLLECTION i Collection of the Maintenance Special Tax and the Facilities Special Tax shall be by the County of San Bernardino in the same manner as ordinary ad valorem property taxes. The Special Tax shall be subject to the same penalties and the i same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the CFD may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners and (ii) judicial i foreclosure of delinquent Special Taxes. VI. SATISFACTION OF SPECIAL TAX OBLIGATION I Property owners may prepay and permanently satisfy the Special Tax Obligation for the Facilities Special Tax on Developed Property ("Facilities Special Tax I Prepayment") by a cash settlement with the CFD as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: I · The CFD determines that the prepayment of the Facilities Special Tax Obligation does not jeopardize its ability to make timely payments of Debt I Service on Outstanding Bonds and any authorized but unissued Bonds. No Facilities Special Tax prepayment shall be allowed unless the I September 18, 2000 C-7 City of Rancho Cucamonga Maximum Facilities Special Tax that may be levied on all Taxable' Property I ether than the Parcel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds and any authorized but unissued Bonds. I · Any property owner prepaying the Special Tax Obligation for the Facilities Special Tax must pay any and all delinquent Special Taxes and penalties I for the Payoff Parcel prior to prepayment. PREPAYMENT AMOUNT FOR FACILITIES SPECIAL TAX I The amount of the Facilities Special Tax Prepayment shall be established by the following steps: I Step A.I: Determine the Assigned Facilities Special Tax and the Backup Facilities Special Tax for the Payoff Parcel based on I the assignment of the Maximum Facilities Special Tax described in Section III above. I Step A.2: Divide the Assigned Facilities Special Tax for the Payoff Parcel from Step A.1 by the Assigned Facilities Special Tax Revenue. Divide the Backup Facilities Special Tax for the I Payoff Parcel by the Backup Facilities Special Tax Revenue. The greater amount calculated in this Step shall be the i Payoff Parcel's Allocated Share. Step A.3: Determine the Bond Share for the Payoff Parcel by I multiplying the Parcers Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD plus the total amount of all authorized but unissued Bonds. I Step A.4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share i is equal to the lesser of Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Allocated Share. I Step A.5: Calculate the amount needed to pay interest on the Parcers Allocated Share from the first Bond interest and/or principal I payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from I the proceeds of a Facilities Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of I the Parcel's Allocated Share from such first Bond interest I September 18, 2000 C-8 City of Rancho Cucamonga and/or principal payment date following the current Fiscal I Year until such redemption date for the Bonds. Step A.6: Determine the total Facilities Special Tax Prepayment I amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding Debt I Service not yet paid for the current Calendar Year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the I prepayment calculation or with the application of the proceeds of the Facilities Special Tax Prepayment. I Prepayment Amount for the Facilities and Maintenance Special Tax a) Determine the amount to prepay and permanently satisfy the I Facilities Special Tax by computing Steps 1 .A through A.6 as described above. I b) Add the present value of the Parcel's remaining Maintenance Special Tax payments at the average yield on Bonds issued for the CFD. This shall be calculated by using the current I maximum Maintenance Special Tax determined pursuant to Section III.B. increased by 2% annually for 100 years to i determine remaining payments. VI. TERM OF SPECIAL TAX I Subject to prepayment of the Special Tax Obligation for a Parcel pursuant to Section V, the term of the levy of the Special Tax shall be as set forth below. I The Facilities Special Tax shall be collected only so long as required to make payments on the Bonds, but in no event shall it be levied after Fiscal Year 2036- i 2037. Taxable Property in the CFD shall remain subject to the Maintenance Special Tax in perpetuity. I I I I I September 18, 2000 C-9 City of Rancho Cucamonga RESOLUTION NO. O~'/~(~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously declared its intention and ordered the preparation of a Community Facilities District Report relating to the initiation of proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code ofthe State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of the acquisition of certain public facilities and the provision of certain public services and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing on the Resolution of Intention to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the proposed public facilities and public services and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and, WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. No written protests to the formation of the District or the levy of the special taxes have been received and, therefore, the special taxes proposed to be levied within the District have not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed conforms with the City's goals and policies regarding the establishment of community facilities districts. D. Less than twelve (12) registered voters have resided within the territory of the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the District. E. The time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by Willdan/MuniFinancial, Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COM M U N ITY FACILITI ES DISTRICT NO. 2000-03 (RANCHO SUMMIT)." SECTION 5. BOUNDARIES OF DISTRICT. The boundaries and parcels of land in which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses to provide the authorized public services and to acquire the authorized public facilities are generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Bernardino, at Page of Book __ of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. DESCRIPTION OF FACILITIES AND SERVICES. A general description of public services and the public facilities which are to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The facilities are facilities which the City Council is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed facilities and services are necessary to meet increased demands and needs placed upon the City as a result of proposed development within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities and services attributable to this District. For a full and complete description of such facilities and services, reference is made to the Community Facilities District Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the authorized facilities and services, the financing of those incidental expenses described in the Community Facilities District Report are also approved and authorized. SECTION 7, SPECIAL TAX. Except where funds are otherwise available a special tax, secured by recordation of a continuin9 lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries of such District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "B" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to p~y directly for the facilities and services, to pay debt service on authorized bonds to assist in financing .the acquisition of such facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorera property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formula. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases, SECTION 8. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: GIS/Special Districts Supervisor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2567 SECTION 9. SUBSTITUTION FACILITIES. The description of the public facilities, as set forth above, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the facilities described in Exhibit A and any such substitution shall not be a change or modification in the proceedings as long as the facilities serve a function substantially similar to the facilities described in Exhibit A. 4 SECTION 10. APPEALS AND INTERPRETATION PROCEDURE. Any landowner or resident who feels that the amount or formula of the special tax is in error may file a notice with the Agency appealing the levy of the special tax. An appeals panel of 3 members, as appointed by the Agency, will then meet and promptly review the appeal, and if necessary, meet with the applicant. If the findings of the appeals panel verify that the special tax should be modified or changed, a recommendation at that time will be made to the City Council and, as appropriate, the special tax levy shall be corrected, and if applicable in any case, a refund shall be granted. Interpretations may be made by the City Council by Resolution for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate or definition contained in the Special Tax Formula. SECTION 11. ELECTION. This City Council herewith submits the levy of the special tax to the qualified electors of the District, such electors being the landowners in the District, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the ballot proposition relating to the levy of the special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness. This Resolution shall not constitute the notice of the election, and the Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of the election relating to the combined proposition on the authorization to incur a bonded indebted ness and authorization for the special tax levy and the proposition to establish an appropriations limit for the District. PASSED, APPROVED, And ADOPTED this day of 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk Exhibit "A" Description of Public Facilities and Public Services The types of public facilities proposed to be financed by the District shall include: Park improvements to three (3) parks to be located within the District including cleaning and grading of such park sites, park hardscape and restrooms; street improvements; and parkway hardscape, The types of public services proposed to be financed by the District shall include: The operation and maintenance of certain parks and parkways within the District Exhibit "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (Rancho Summit) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Ta× applicable to each assessor's parcel or portion thereof in the CFD shall be levied and collected according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the CFD, 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. "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. "Administrative Fees or Expenses" means the actual or estimated costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, paying agents, fiscal agents, and trustees; the costs of collecting installments of the Special Taxes; cost of arbitrage calculation and arbitrage rebates, preparation of required reports; and any other costs required to administer the CFD as determined by the City. "Administrative Services Director" means the Administrative Services Director of the City or his or her designee. "Allocated Share" means, as applicable, the greater of the Assigned Facilities Special Tax for a Parcel divided by the Assigned Facilities Special Tax Revenue or the Backup Facilities Special Tax for a Parcel divided by the Backup Facilities Special Tax Revenue. B-1 /// "Assessor" means the Assessor of the County. "Assigned Facilities Special Tax" means the Special Tax for each Land Use Class of Developed Property as determined in Section III, Table 1. "Assigned Facilities Special Tax Revenue" means the sum of the Assigned Facilities Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section Ill, Table 1. "Backup Facilities Special Tax" means the Backup Facilities Special Tax applicable to each Assessor' s Parcel of Developed Property, as determined in accordance with Section III below. "Backup Facilities Special Tax Revenue" means the sum of the Backup Facilities Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section III below. "Bonds" mean any bonds issued by the GFD or other debt as defined in Section 53317 (d) of the Act incurred by CFD 2000-03. "Bond Sham" means the share of Bonds assigned to a Developed Parcel calculated pursuant to Section VI. "CFD' means the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit). "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting as the legislative body of the CFD pursuant to the Act. "County" means the County of San Bernardino, California, "Debt Service" means for each calendar year, the total scheduled amount of the principal of and the interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Developed Property" means for each Fiscal Year, all Taxable Property, for which a building permit for new construction was issued after March 1, 2000 and prior to March 1 of the prior Fiscal Year. "Facilities Special Tax Requirement" means for any Fiscal Year, the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year [subject to the limitations of Government Code Section 53321 (d)], less any credit from earnings on the bond reserve fund. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Indenture" means the bond indenture, fiscal agent agreement, indenture of trust, trust agreement, resolution of issuance of other instrument pursuant to which the Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maintenance Special Tax" means the amount of Special Tax, determined in accordance with Section Ill, which may be levied for maintenance in any Fiscal Year on Developed Property. "Maintenance Special Tax Requirement" means for any Fiscal Year the total of i) the amount necessary to maintain the authorized facilities as determined by the City Engineer or his/her designee, ii) the amount necessary to pay for the annual costs of administering the maintenance services and the levy and collection of the Maintenance Special Tax, and, iii) an amount necessary to fund an operating reserve for maintenance, unanticipated increases in the cost of providing such maintenance services and unanticipated expenditures. "Maximum Facilities Special Tax" means the greater of the Assigned Facilities Special Tax or the Backup Facilities Special Tax, determined in accordance with Section Ill, which can be levied in any Fiscal Year on any Parcel. "Maximum Special Tax" means the combination of the Maximum Facilities Special Tax, as determined in accordance with Section III, and the Maintenance Special Tax , as determined in accordance with Section III. "Non Residential Property" means any Developed Property which is not assigned to Land Use Classes 1 through 5, inclusive. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel" means any County assessor's parcel that is within the boundaries of the CFD, based on the equalized tax rolls of the County as of January 1 of the prior Fiscal Year. B-3 "Parcel's Allocated Share" means the Maximum Facilities Special Tax for a Parcel divided by the aggregate Maximum Facilities Special Tax for all Parcels. "Payoff Parcel" means any Developed Parcel for which a prepayment of the Facilities Special Tax Obligation is being calculated pursuant to Section VI. "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. "Reserve Requirement" shall have the meaning given such term in the Indenture. "Reserve Fund Share" means the total Reserve Fund amount multiplied by the Parcel's Allocated Share. "Residential Floor Area" means, for a Parcel of Developed Property assigned to one of Land Use Classes 1 through 5, all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for a Parcel shall be made by reference to the building permit(s) issued for such Parcel. "Special Tax" means the special tax to be levied pursuant to the Act and this Rate and Method of Apportionment of Special Tax in each Fiscal Year on each Parcel of Developed Property or Undeveloped Property within the CFD to fund the Facilities Special Tax Requirement and Maintenance Special Tax Requirement. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Facilities Special Tax or the Maintenance Special Tax, as applicable, for the remaining term of the Facilities Special Tax or the remaining life of the CFD in the case of the Maintenance Special Tax. "Subdivided Undeveloped Property" means lots created by the recordation of a Tract Map and assigned an individual Assessor Parcel number by the Assessor. "Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. "Tax-Exempt Property" means not to exceed 27.5 acres of land presently designated on the land use entitlements approved by the City for development within the CFD for public use as parkways, parks and trails. Should any of these areas become subject to private development, they shall become subject to the Special Tax described in Section Ill, from the time the appropriate public agency acts to permit the property to become available for private development. B-4 ///7/ "Tract Map" means a final subdivision map or parcel map approved by the City to create lots which may be developed in accordance with the approved land use entitlements applicable to such lots. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. II. CLASSIFICATION OF PARCELS At the beginning of each Fiscal Year, using the definitions above, the Council shall cause each Parcel to be classified as Developed Property, Subdivided Undeveloped Property, Tax-Exempt Property or Undeveloped Property and each such Parcel shall be subject to the levy of Special Taxes in accordance with the Section III below. III. MAXIMUM SPECIAL TAX RATES Facilities Special Tax Developed Property Each Parcel's Maximum Facilities Special Tax shall be calculated by using the greater of the Assigned Facilities Special Tax or the Backup Facilities Special Tax. Each Parcel of Developed Property which involves residential development shall be assigned to Land Use Classes 1 through 5 as listed in Table 1 below based on the Residential Floor Area Footage allocated to the dwelling unit constructed or permitted to be constructed on such Parcel. Non Residential Property shall be assigned to Land Use Class 6. TABLE 1 Land Use Residential Assigned Facilities Class Floor Area Special Tax 1 < 2,500 Sq. Ft $243.00 per unit 2 2,500-2,999 Sq. Ft 300.00 per unit 3 3,000-3,499 Sq. Ft 566.00 per unit 4 3,500-3,999 Sq. Ft 998.00 per unit 5 4,000 Sq. Ft and above 1,259.00 per unit 6 Non-Residential $2,591.00 per Acre Property B-5 //,5 On each July 1, commencing on July 1, 2002, the Assigned Facilities Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. Backup Facilities Special Tax Taxes may exceed the levels set forth in Table 1 if the Backup Facilities Special Tax is greater than the Assigned Facilities Special Tax. For Fiscal Year 2001/02 the Backup Facilities Special Tax for Developed Property is $0.063 per Square Foot of lot space. On each July 1, commencing on July 1, 2002, the Backup Facilities Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. Undeveloped Property The Fiscal Year 2001/02 Maximum Facilities Special Tax for Undeveloped Property shall be $2,979 per Acre or $600 per subdivided lot. On each July 1, commencing on July 1, 2002, the Maximum Facilities Special Tax for Undeveloped Property shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. B. Maintenance Special Tax In addition, each parcel shall be subject to a Maintenance Special Tax as described in Table II TABLE II LAND USE CLASS MAINTENANCE SPECIAL TAX Developed Property (Classes 1-5) $900.00 per unit Non-Residential Properly 4,462.50 per Acre Subdivided Undeveloped Properly 900.00 per Parcel Undeveloped Properly 4,462.50 per Acre The Maintenance Special Tax shall be levied beginning in Fiscal Year 2001/02. On each July 1, commencing July 1, 2002, the Maintenance Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. IV. APPORTIONMENT OF SPECIAL TAX A. Facilities Special Tax B-6 Commencing with Fiscal Year 2001/02 and for each following Fiscal Year, the Council shall determine the Facilities Special Tax Requirement and levy the Facilities Special Tax until the amount of Facilities Special Taxes levied equals the Facilities Special Tax Requirement. The Facilities Special Taxes shall be levied each Fiscal Year as follows: First: The Facilities Special Tax shall be levied on Developed Property in an amount up to 100% of the applicable Assigned Facilities Special Tax; Second: If additional monies are needed to satisfy the Facilities Special Tax Requirement after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Facilities Special Tax Requirement after the first two steps have been completed, then the levy of the Facilities Special Tax on each Parcel of Developed Property whose Maximum Facilities Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased Proportionately from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Parcel. B. Maintenance Special Tax First: The Maintenance Special Tax shall be levied on Developed Property in an amount up to 100% of the Maintenance Special Tax; Second: If additional monies are needed to satisfy the Maintenance Special Tax Requirement after the first step has been completed, the Maintenance Special Tax shall be levied Proportionately on each Parcel of Subdivided Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Subdivided Undeveloped Property; Third: If additional monies are needed to satisfy the Maintenance Special Tax Requirement after the first two steps have been completed, the Maintenance Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Undeveloped Property; B-7 //7 V. MANNER OF COLLECTION Collection of the Maintenance Special Tax and the Facilities Special Tax shall be by the County of San Bernardino in the same manner as ordinary ad valorem property taxes. 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 CFD may provide 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. SATISFACTION OF SPECIAL TAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation for the Facilities Special Tax on Developed Property ("Facilities Special Tax Prepayment") by a cash settlement with the CFD as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: · The CFD determines that the prepayment of the Facilities Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds and any authorized but unissued Bonds. No Facilities Special Tax prepayment shall be allowed unless the Maximum Facilities Special Tax that may be levied on all Taxable Property other than the'Parcel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds and any authorized but unissued Bonds. · Any property owner prepaying the Special Tax Obligation for the Facilities Special Tax must pay any and all delinquent Special Taxes and penalties for the Piyoff Parcel prior to prepayment. PREPAYMENT AMOUNT FOR FACILITIES SPECIAL TAX The amount of the Facilities Special Tax Prepayment shall be established by the following steps: Step A. 1: Determine the Assigned Facilities Special Tax and the Backup Facilities Special Tax for the Payoff Parcel based on the assignment of the Maximum Facilities Special Tax described in Section III above. Step A. 2: Divide the Assigned Facilities Special Tax for the Payoff Parcel from Step A. 1 by the Assigned Facilities Special Tax Revenue. Divide the Backup Facilities Special Tax for the Payoff Parcel by the Backup Facilities Special Tax Revenue. The greater amount calculated in this Step shall be the Payoff Parcel's Allocated Share. B-8 Step A.3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD plus the total amount of all authorized but unissued Bonds. Step A.4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Allocated Share. Step A.5: Calculate the amount needed to pay interest on the Parcel's Allocated Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Facilities Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Parcel's Allocated Share from such first Bond interest and/or principal payment date following the current Fiscal Year until such redemption date for the Bonds. Step A.6: Determine the total Facilities Special Tax Prepayment amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding Debt Service not yet paid for the current Calendar Year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Facilities Special Tax Prepayment. PrepaVment Amount for the Facilities and Maintenance Special Tax a) Determine the amount to prepay and permanently satisfy the Facilities Special Tax by computing Steps 1 .A through A.6 as described above. b) Add the present value of the Parcel's remaining Maintenance Special Tax payments at the average yield on Bonds issued for the CFD. This shall be calculated by using the current maximum Maintenance Special Tax determined pursuant to Section III.B. increased by 2% annually for 100 years to determine remaining payments. VI. TERM OF SPECIAL TAX Subject to prepayment of the Special Tax Obligation for a Parcel pursuant to Section V, the term of the levy of the Special Tax shall be as set forth below. B-9 The Facilities Special Tax shall be collected only so long as required to make payments on the Bonds, but in no event shall it be levied after Fiscal Year 2036-2037. Taxable Property in the CFD shall remain subject to the Maintenance Special Tax in perpetuity. B-iO RESOLUTION NO. 2000-/~/ RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-03 {RANCHO SUMMIT) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA (the "City Council"), has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to be secured by special taxes to pay for the acquisition of certain public facilities in a community facilities district, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982', being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) (the "District"); and, WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur the bonded indebtedness, to declare the purpose for such debt, and to authorize the submittal of a combined proposition to the qualified electors of such District, being the landowners of the proposed District, all as authorized and required by law; WHEREAS, all of the qualified electors have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal arguments have also been waived by the unanimous consent of the qualified electors; and WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1, RECITALS. The above recitals are all true and correct. SECTION2, NECESSITY FOR BOND ISSUE. The City Council hereby expressly declares and states that it is necessary to incur a bonded indebtedness as authorize under the terms and provisions of the Act, in order to finance the public facilities described in Exhibit A attached hereto and incorporate herein by this reference. SECTION 3. PURPOSE OF BONDED INDEBTEDNESS. The purpose for the proposed bonded indebtedness is generally described as follows: To finance the construction, expansion, rehabilitation or purchase of certain public facilities consisting of the types of facilities described in Exhibit A hereto; and appurtenances and appurtenant work and incidental costs as authorized pursuant to Government Code Section 53345.3. For a further description of such facilities, reference is made to the Community Facilities District Report (the "Report") of Willdan/MuniFinancial, the special tax consultant, previously approved by this City Council, a copy of which is on file in the Office of the City Clerk. SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the whole of the District will pay for the above-referenced bonded indebtedness. A general description of the District is as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), as shown on a map as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the facilities, together with all incidental expenses, shall not exceed $3,000,000. SECTION 6. BOND TERM. This City Council hereby further determines that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax, and are not secured by any other taxing power or funds of the District or the City. SECTION 7. ELECTION. The proposition related to the incurring of the bonded indebtedness shall be consolidated with the proposition relating to the levy of the special tax, shall be combined into one ballot proposition, and shall be submitted to the qualified voters, together with a ballot proposition to establish an appropriations limit for the District, at a special election to be held on the 11th day of October, 2000, and such election shall be a special mailed ballot election to be conducted by the City Clerk (the "Election Official"). If the combined proposition for the levy of the special tax 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 and the special tax may be levied as provided in the Resolution of Formation. SECTION 8. BALLOT. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), County of San Bernardino, 1) incur a bonded indebtedness in an amount not to exceed $3,000,000 to pay for authorized public facilities pursuant to the special tax formula set forth in Resolution No. ,2) levy a special tax to secure such bonded indebtedness, pay directly for such public facilities, replenish any reserve fund, pay costs of administering such bonds and such district and pay for the certain public services? PROPOSITION B Shall the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) establish an Article XIIIB appropriations limit equal to $3,000,0007 SECTION 9. 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" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 10. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the District. D. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as result of services performed by the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PASSED, APPROVED, And ADOPTED this day of ,2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES Park improvements to three (3) parks to be located within the District Including cleaning and grading of such park sites, park hardscape and restrooms; street improvements; and parkway hardscape. RANCHO CUCAM ONGA COMMUNITY SERVICES TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FI~3M: Rick Gomez, Community Development Director Keyin McArdle, Community Services Director BY: Karen McGuire-Emery, Senior Park Planner Paula Pachon, Management Analyst III DATE: September 20, 2000 SUBJECT: Park, Recreation Facilities and Community Services Update BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIEB UPDATE Golden Oak Park: · The park is in the tuff maintenance period. Estimated completion date is September 20*h. Mountain View Park: · The park is in the turf maintenance period. Estimated completion date is the end of September. Epicenter: · The Facilities Crew installed additional security lighting for Lot G. Red Hill Park: · Painting The Town will begin painting the restrooms at Red Hill Park on September 5, 2000. CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 Rancho Cucamonga Senior Center: · New monument lights were installed. · Storage cabinet units were installed in the kitchen. B, COMMUNITY SERVICES Seniors: · The Senior Advisorv Committee will hold their next meeting at the Senior Center on Monday, September 25t" at 9:00 a.m. The agenda will include (1) a presentation from the Southern California Housing Development Corporation on the 54 unit senior apartments proposed to be located adjacent to the Senior Center; (2) a report on a Vision document for a new Senior Center; and (3) a workshop on identifying community trends. · The Senior Advisory Committee held a special meeting in August to discuss several issues regarding a new Senior Center. The Committee received an update from staff on the City's effod toward obtaining future funding for a new Senior Center and also discussed a vision for such a facility. · Congratulations to the newly elected members of the California Senior Legislature. Thanks to the members of the City of Rancho Cucamonga's Senior Advisory Committee for conducting a successful poll site. Despite the fact that no candidate resided in Rancho Cucamonga, our Center had the second highest voter turnout in the West Valley. · The V.I.P. Club will hold it's annual picnic at Red Hill Park on Thursday, September 21st , at 11:00 a.m. This event is always lots of fun. · Flu Clinic and Health Fair Expo. Due to the lack of available flu vaccine throughout the nation, we have been advised by the County Health Department to postpone this clinic until late November or later. At this time we are postponing this clinic until we recaive assurances from the County as to a specific schedule and volume of vaccine allotted. · The Autumn Leaves Fashion Show will be held at the Senior Center on Saturday, October 21 .t , at 10:00 a.m. Don't miss this spectacular event that is co-sponsored by the V.I.P. Club as a fundraiser. A light salad luncheon will be served and you will get an up close look at new fashions for the upcoming fall and winter seasons. Tickets are $5 per person. · The Senior Citizen Halloween SDooktacular will be held at the Senior Center on October 26t" , at 10:00 a.m. Seniors are invited to come in costume. There will be prizes and games for the mature ghosts and goblins. Special entertainment will be provided. This is a VIP Club co- sponsored event. · Beginning September 5th, Fall Classes, including Chaffey Adult Education classes will resume at the Senior Center. -2- CiTY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 · The Senior Chorale resumed fall rehearsals for their upcoming season. The 25-member group performs all over the Inland Empire throughout the year. This splendid group under the volunteer direction of Elbert Wilkerson, performed at 20 events this past year. With their numerous appearances this dedicated group of seniors represents the City as superb ambassadors. · As part of a continuing grant the City was awarded $3,000 from the Department of Aging and Adult Services for 2000-2001. The funds will be used to enhance senior programs by adding several additional classes at the Senior Center throughout the year. · Recruitment to replace vacant membership on the Senior Advisory Committee will begin in late October. At this time there are 2 vacancies. Appointments to the Committee are made in January of each year by the Park and Recreation Commission. To be eligible applicants must be 50 years of age or older and be a resident of Rancho Cucamonga. The term of office is unlimited. · After a summer off the Senior Center is reintreducing the popular free monthly Hospitality Dinners for those who are new to the Center. The next dinner is scheduled for Wednesday, September 20th, at 5:00 p.m. Seniors learn about the programs and services at the Center and have an opportunity to make new friends. · A new cabinet, built by the City's Facilities staff, was recently installed in the kitchen. Human Services: · Update copies of the Community Services Directory, Senior Housing Directory and the Child Care Directory will be available in September. · The Department of Aqing and Adult Services is at the Senior Center on the 4th Thursday of each month to answer questions on various items such as housing, renter's rebate or to provide assistance with completing forms. The next scheduled visit of the Department will be on Thursday, September 28th from 1:00-3:30 p.m. · Dr. Harvey D. Cohen provided two "The Dr. is In" presentations at the Senior Center during the month of September. The presentations included: Whars New In Cancer Screening on September 19th from 12 noon until 2:00 p.m. and Erectlie Dysfunction on Wednesday, September 20th from 7:00-9:00 p.m. · Gregory A. Wood, Attorney at Law will provide an EIder Law Matters seminar entitled A Comparison of Medicare Supplements and HMO's for seniors on Friday, September 22"d. In addition Mr. Wood is available at the Center for free counseling sessions to help seniors deal with issues such as long term care, Medicare, Medi-Cal, living trusts, estate planning, wills and durable power of attorney. · Financial Seminars - A series of free financial lectures will be offered on the 3~d Tuesday of each month at 11:00 a.m. beginning September 19th. This series will be presented by Irv Voorhies of Woodell and Reed Financial Services and will be geared towards the needs of -3- CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 seniors. The topics will include: Long Term Care (September), Medi-Cal/Medicare - Are You Covered (October), Retirement - Making Your Money Last (November) and IRA Distribution Options and Roth Conversions (January). Due to the holidays, lectures will not be held in December. · Due to the Labor Day holiday commodity distribution this month took place on the second Monday of the month, September 11th. In August, 670 individuals representing 461 households received commodities. · Because of the huge response to the Homeowners' and Rental Assistance this service has been extended through September. To qualify for assistance a homeowner or renter must meet income requirements, be 62 years old or older, blind or disabled. · Women's Wellness - Dr. Anita Kundi, M.D. will provide a free lecture at the Senior Center on Tuesday, September 26th at 1:00 p.m. The topic of her presentation is Thyroid Dysfunction. Trips And Tours: · Danish Days in Soivang, September 16th. Danish Days have been held annually in Solvang since 1936. Learn to bake Danish pastries or watch cloggere dance. Lunch is on your own so you can sample form the local street taire or try an authentic smorgasbord at one of the popular restaurants. (Sorry, trip was sold out.) · Palm Springs Follies, November 8th. Step back to the 30's and 40's for a fabulous musical review in the tradition of the Ziegfeld Follies. You will have time prior to the show to enjoy lunch on your own. (Seats still available) · Lights and Sounds of Christmas, December 13th. We will visit Old Town Pasadena to browse and have dinner on your own. As dark approaches, we will move up the hill to view the Hastings Ranch area with all its many blocks of Christmas lights and ornaments. Next we will visit the Balin's Mansion, where just about every leaf has a light on it. Then we'll finish up with a drive down Christmas Tree Lane. Don't miss this special holiday tdp! (Seats still available.) · Rose Parade, January 1. Enjoy the world famous Rose Parade from grandstand seats along Colorado Boulevard. Price includes bus, grandstand seating and a box lunch. Cost is $75.00 per person (Seats still available). · This past year we have had many satisfied customers take a variety of multi-day trips throughout the U.S. and Mexico. Some of the tdps that residents participated in included: Arizona Rail, California Wine Country, Sierra Christmas, Panama Canal Cruise, Yosemite in the Autumn, Galaxy Coastal Alaska Cruise, Ensenada Serenade Cruise, Hearst Castle, Grand Canyon Adventure, Barging the Ohio, New England and Cape Cod, Grandkids Wonder Valley, Branson Showtime, California Amtrak Odyssey, San Francisco/Chinese New Year, Death Valley Adventure, Lake Powell and the Canyonlands, Hawaiian Big Band Cruise and Farewell to Alaska Cruise Tour. -4- CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITi' SERVICES UPDATE SEPTEMBER 20, 2000 Volunteers: · The Volunteer Coordinator is relocating from City Hall to the Senior Center. It is anticipated that the move will take place shortly after Labor Day. · The Volunteer Coordinator is now in the process of coordinating with the schools in placing students for Community Services special events and as sport coaches. · A new fingerprint policy incorporating the new Live-Scan process will be completed during the month of September. · The table below summarizes depadmental usage of volunteers for the months of July 2000 and Year to Date: Administration 63 $882 41 Sports 216 3,670 $51,380 991 Senior & Human Services 41 167 $2,338 333 Special Events 22 104 $1,456 175 Youth Programs 45 298 $4,172 185 Total 330 4,302 $60,228 1,725 *Dollar value based on $14.00 per hour. Teens: · The Teen Center began their fall schedule in September. Staff is planning several special events, including the annual Halloween Bash, which last year draw over 200 teens. · The Teen Recreation Activity Club (TRAC) also begins its fall program of monthly meetings and planning the years' activities in September. The bi-monthly babysitting service, "Night on the Town" is going strong and is usually at capacity. · The Colleqe Fair is planned for October 19t". This annual event draws approximately 60 colleges and universities and 2,000 teens and parents. · The teen trio oroqram takes their annual jaunt to Knotts' Scary Farm on October 7t~ . This is the year's most popular trip with approximately 80 teens participating. · The Community Services, the Police Department and Rancho Cucamonga Citizens Against Substance Abuse (R.C. CASA) are co-sponsoring a special Red Ribbon Week presentation. The Legacy of Hope program will take place on October 23~ at Alta Loma High School and will educate our students about the dangers of drug abuse. -5- CiTY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 · The Teen Workshop Series continues with Education Funding 101 on Saturday November 4u~. This course covers grants, student loans, scholarships and other sources of college funding. · A Skate Park Demonstration and Safety Clinic is scheduled for Saturday, October 21st at the Skate Park Facility. This quarterly program will feature equipment give-a-ways and a program provided by professional skaters to include a safety clinic and skills demonstration. Youth Activities: · Playschool began on September 11th and is at near capacity, with over 500 children enrolled. The staff will be looking at age groupings and adding classes where necessary. · The annual Pumpkin Carving Workshop will be held on October 27~ at Red Hill Community Park. Classes: · Contract classes opened its fall session registration on September 9t". Youth Sports: · The Sports Advisory Committee will meet on October 11th at the Civic Center. Field request material is due at this meeting for the summer 2001 field allocation. The Sports Advisory Committee will meet in November to review the staff summer 2001 field allocation proposal. · The Aquatic Learn to Swim Program had 3,200 boys and girls participate this summer. · The table below summarizes youth sports activities for the reporting period: Pee Wee Baseball 600 3-5 years/boys &girls 60 Youth Flag Football 150 6-13 years/boys 12 Fall Pee Wee Soccer 385 3-5 years/boys &girls 36 Youth Basketball 680 6-16 years/boys &girls 72 Youth Roller Hockey 160 6-13 years/boys &girls 19 Organized Youth Sports: · Bi-annually, the Community Services Department, through the Sports Advisory Committee, allocates sport fields for non-profit organized youth sport leagues throughout the City. The table that follows indicates participation figures for the month of August 2000 per day. Facility use noted only lists City facilities. A number of groups also used school sites. -6- CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 American Youth 213 9,372 90% 14,058 Bear Gulch Park Soccer Beryl East Park Association Beryl West Park Coyote Canyon Park Church Street Park Alta Loma 6 344 100% 516 Hedtage Park Little League Califomia Youth 32 1,660 85% 2,490 Red Hill Park Soccer Association Citrus Liffie 11 524 99% 786 Red Hill Park League Cucamonga 2 84 76% 126 Red Hill Park Dodgers Windrows Park Deer Canyon 10 444 97% ' 666 Milliken Park Liffie League EIlena Park Hermosa Park Rancho Little 6 304 99% 456 Spruce Street Park League Old Town Park Epicenter & Sports Complex RC Pony I 48 100% 72 Old Town Park Hedtage Park Red Hill Park RC Spidts 3 132 85% 198 Red Hill Park Windrows Park RC Softball* 16 752 86% 1,128 Red Hill Park Vineyard 13 , 608 98% 912 Ellena Park Little League Windrows Park RC Travel 2 100 80% 150 Kenyon Park Softball Milliken Park RC Pop 14 563 98% 845 Etiwanda Creek Park Wamer RC Family Sports Center: · Activities at the Sports Center for the reporting period are summarized in the table below: Basketball Full Court-Leagues 80 Adult/Male 8 Three-on-Three Basketball Leagues 40 Adult/Male 8 Racquetball Singles League 14 Adult/Male N/A Fall Youth Volleyball 60 Youth/Female 6 RC Family Sport Center Camp 292 6-12/boys & gids N/A · The table on the next page illustrates drop-in/open DlaV participation at the R.Co Family Sports Center for the reporting period: -7- CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 Adult Basketball 559 Youth Basketball 361 Adult Racquetball 418 Youth Racquetball 34 Adult Volleyball 126 Youth Volleyball 11 Jazzercise 932 Adult Sports: · The table below summarizes adult sport activities for the reporting period: Adult Tennis Leagues Rancho Cucamonga Performing Arts Academy: · Workshops - Vocal Expression and Performance, and the Television Commercial Workshops will continue on a five-week basis throughout December of 2000. We also have a new addition to our performing arts classes. Taught by Ms. Viola Lucer-Luper is we are now offering Multi- Media Art. This class will give students a creative outlet through art. Each new session brings new members to the constantly growing classes and workshops. The performing art classes are being offered at the Lions Community Center West and East until a permanent site is found. Park Reservations: · Our park monitors have done a tremendous job throughout the summer. They have identified concerns and answered questions from our City residents. They have also been the liaison between the Community Services Department and the Maintenance Department. Staffs tedious but efficient reporting have taken our Park rental program to a higher level. The community members have shown much appreciation to this added service. · The breakdown for park reservations for the month of August 2000 are as follows: Red Hill 3,138 42 Resident 44 192.50 $2,377.00 2 Non-resident Coyote Canyon 380 7 Resident 7 39.50 $ 380.00 Heritage 1,151 22 Resident 24 104.53 $ 973.50 2 Non-resident Hermosa 405 12 Resident 13 57.00 $ 283.00 1 Non-resident Civic Courtyard 300 I Resident 5 235.00 $ 900.00 4 Non-resident Total 5,274 78 Resident 93 628.53 $4,913.50 9 Non-resident -8- CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 Heritage Equeslrian Center: · The breakdown for usage of the Heritage Equestrian Center for the months of August, September and October is illustrated below: Alta Loma Riding Club Board Meeting/7:30-9pm Alta Loma Riding Club August 12~ Night Ride/8:30-9:30pm 4-H Club August 28m ICe Cream Social Alta Loma Riding Club September 6m Board Meeting/7:30- 9pm Alta Loma Riding Club September 9'" Fashion Show/3pm-9pm RESET September 10'n Schooling Dressage/8am-5pm Alta Loma Riding Club September 17`n Play day/8am-5 pm 4-H Club September 18'" General Meeting/7pm-9pm Alta Loma Riding Club October 4~ Board Meeting/7:30am- 9pm Regional October 7'" Disabled Show/7pm-9pm Special Events: Family Fest 2000 - Night Of Magic - The last event of the Family Festival 2000 Series ended with "A Night of Magic". Donations acquired from Hometown Buffet, Pick Up Stix Chinese Cuisine, 42"u St. Bagel, Twins Restaurant, Papa John's Pizza, and Felipi's Mexican Cuisine provided a delicious variety of foods for the entertainers, technicians, volunteers and staff prior to the show. Fun foods like funnel cakes, hotdogs, shaved ice and pizza were available at the concession stands for the public. Walk around magicians performed many amazing tricks during the pre-show. Funnyman and M.C., Robert Baxt amused the audience members with a mix of comedy, magic and music. Between acts drawings for prizes and dance numbers of the "Macarana" and the infamous "YMCA" had people out of their seats and up on the stage. The show opened with "Magic and Mayhem" two very talented magicians who performed juggling, fire eating acts and a duel to see who would be the first to escape from a straight jacket. The show continued with "Majiloon" a balloon illusionist who entered in and out of one of the wodd's largest balloons. Headliner, Steve Spellman left the audienco spellbound with his levitation, escape artistry, disappearing and appearing acts. Nearly 2,000 people of all ages enjoyed a beautiful and magical evening of entertainment under the stars. It was a perfect ending to a perfectly magical Family Festival 2000 Series. · Park ODenines - Two new parks have been slated to open in September. Golden Oak Park is scheduled to open on Saturday, September 23, 2000. Mountain View Park is scheduled to open on Saturday, September 30, 2000. The ribbon cutting and family activities planned for the day will take place from 10:00 a.m. until 2:00 p.m. on both dates. These two parks will be a wonderful addition to our community. · The Founders Day Parade and Celebration will be held on Saturday, November 11 t,. Last year's event, with its new parade route and new location for the Celebration added to the success and excitement of the event. This year the staff is working on bringing new elements to the event and focusing on family-oriented entertainment. The theme for this year parade and colebration is '~merican Heroes". -9- CI1Y COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 Park and Recreation Commission: · The following items were discussed/acted upon at the Commission's August 17. 2000, meeting: -Swearing in of newly appointed Park and Recreation Commissioner Patricia Carlson. -Update and establishment of future agenda items for the Senior Advisory Committee. -Update and establishment of future agenda items for the Sports Advisory Committee. -Approval of street banner applications and schedules for fiscal year 2000/2001. -Update on City's General Plan and Recreation Needs and Systems Recommendations Study. -Discussion of Community Services trends and opportunities for strategic planning process. -Election of Officers - Vice-Chair (deferred until September 21, 2000). -Consideration of appointments to Park and Recreation Commission sub-committees. -Consideration of Commissioners' attendance at the National Recreation and Park Association 2000 Congress and Exposition to be held October 11-14, 2000. -Sub-committee report on General Plan. -Sub-committee report on Community Foundation. -Sub-committee report on Census 2000. Rancho Cucamonga Community Foundation: · Three (3) Foundation meetings took place during the reporting period. · The following items were discussed/acted upon at the Foundation's August 8. 2000. meeting: -Sub-committee update reports and discussion regarding the Founder's Night Gala - An Evening of Elegance to be held on November 4, 2000. -Election of Officers - Chair, Vice-Chair and Secretary/Treasurer -Consideration of request from the Susan G. Koman Breast Cancer Foundation for support of the Inland Empire Race for the Cure event to be held October 22, 2000. · The following items were discussed/acted upon at the Foundation's special meeting held on August 29, 2000: -Sub-committee update reports and discussion regarding the Founder's Night Gala - An Evening of Elegance to be held on November 4, 2000. -Discussion regarding Community Foundation Action Plan (item deferred). · The following items were discussed/acted upon at the Foundation's September 12, 2000, meeting: -Update and discussion regarding the Founder's Night Gala - An Evening of Elegance to be held November 4, 2000. -Review and discussion of Founder's Night Gala with Gala ambassadors. -10- CITY COUNCIL PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE SEPTEMBER 20, 2000 Rancho Cucamonga Epicenter: · The following activities took place during the reporting period: · Automania - Used Car Tent Sale - August 10-14, 2000 - Rancho Cucamonga Epicenter Expanded Parking Lot. · Community Services Depadment - Night of Magic- August 19, 2000 - Rancho Cucamonga Epicenter Stadium. · Quakes/McDonald's Basebailers Against Drugs - Youth Baseball Clinic- August 29, 2000 - Rancho Cucamonga Epicenter Stadium. · Keyzone Enterprises - Zett 2001 - Japanese Baseball Uniform Catalog Photo Shoot - September 5, 2000 - Rancho Cucamonga Epicenter Stadium. · Staff is working with representatives of the following organizations for future bookings at the Epicenter: · Calvary Chapel Rancho Cucamonga - Skate Demonstration and Outreach Ministry- September 23, 2000 - Rancho Cucamonga Epicenter Expanded Parking Lot. · Rancho Cucamonga Professional Firefighters Association - Celebrity Softba~ Game - September 24, 2000 - Rancho Cucemonga Epicenter Stadium. · All Events Unlimited - Olympic Boxing - September 30, 2000, Rancho Cucemonga Epicenter Stadium. · Rancho Cucamonga Chamber of Commerce - Grape Harvest Festival - October 4-9, 2000 - Rancho Cucemonga Epicenter Expanded Parking Lot. · DGU/M-3 Entertainment - Boyz II Men Concert- October 8, 2000 - Rancho Cucemonga Epicenter Stadium. · Inland Empire Colts - Semi-Professional Football- Fall 20001 - Rancho Cucemonga Epicenter Stadium. · In addition staff assisted in the coordination of a filming on August 14, 2000, at Red Hill Community Park by Palomar Pictures. The piece was a music video entitled Jealous that will feature Sinead O'Connor. · Staff is in the process of developing a comprehensive marketing plan for the Epicenter that has been designed to: maximize dollars spent to create an awareness of the Epicenter; increase rentals; reach new markets; maintain communication with current users of the complex; seek expanded promotional opportunities; and to measure internal processes, policies and fees for a greater degree of customer service. ;pectfully itted. Ri~;Go ez Co or Community Services Director hiCOMMSERV1Council&BoardstCityCouncilJStaffReportsICoPyUPdate9.20. OO. doc -11 - R A N C H O C U C A M O N G A I~UILDING AND SAFETY Staff Report DATE: September 20, 2000 TO: Mayor and Members of the City Council Jack Lain, AIGP, City Manager RicR Oomez, AIGP, OommuniW Dev~lopmen~ Director Jo~n Thomas, Actin~ Buil~in~ O~dal I~TERSE~TIO~ OF ETIW~D~ ~VE. ~D ~OED~ P~IRIE DRIVE On September 6, 2000, a presentation was made before the City Council by Mrs. Jennifer Diaz regarding the illegal dumping of trash and discarded construction materials near the Ridgeview Estates located at the north end of Etiwanda Avenue, adjacent to the site in question. Mrs. Diaz presented copy of a request to the City Council signed by 25 area residents to investigate the dumpsite and provided photographs of the site. On September 7, 2000, Building and Safety Staff investigated the site. Trash and discarded construction materials were present. Upon further investigation, it was determined that Centex Homes, building in the area, had allowed the dumping to occur and had not secured the site from illegal dumping. Although Centex Homes had been issued a stockpile permit for that location, the general contractor representing Centex Homes was reminded that "stock piles" did not include discarded construction material, trash and other debris. Centex Homes was issued a notice to clear and remove all trash and other materials at the dumpsite. The representative from Centex Homes was very cooperative and began to clear the site immediately. A fence has been installed to secure the site from further illegal dumping. On the afternoon of September 7, 2000, Mr. Thomas contacted Mrs. Diaz, informing her of the facts and the progress of clearing the site. 151 STAFF REPORT: September 20, 2000 Page 2 On September 11,2000, Mr. Thomas contacted Mrs. Diaz as a follow-up to confirm that she and the area residents were satisfied with the clearing of the site. Mrs. Diaz indicated that she and the area residents were extremely satisfied and appreciated the City's rapid response to this matter. Mr. Thomas assured Mrs. Diaz that Staff would continue to monitor the area and reaffirmed Centex Homes cooperation to maintain the area free and clear of debris. Respectfully submitted, R Co~ ~munity Development Director RG:JT:Ic EXHIBITS ATTACHED: Area Map Before and After Photos -2- T H E C I T Y O F DANC O CUCA O GA September 13, 2000 Mrs. Jennifer Diaz 5565 Cheyenne Ct. Rancho Cucamonga, CA 91739 Dear Mrs. Diaz: Thank you for your recent inquiry into the illegal dumping located at Etiwanda Avenue and Golden Prairie Drive. As you know, on September 7, 2000, I directed my staff to investigate the "dumping" area. We determined that Centex Homes had been allowing some discarded construction materials to be dumped awaiting hauling companies to pick up the debris. My staff issued written notices to Centex Homes to immediately halt all dumping and recommended securing the area to prevent continued illegal dumping. To date, Centex Homes' representatives have been extremely cooperative, and clearing the site is on going. Thank you for your information on this matter. My staffwill continue to monitor the area. If you have any questions or need further assistance, please contact me at (909) 477-2710, extension 4206. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Building and Safety Division, Fire Prevention New Construction Plan Check Manager/Fire JT:kem Mayor William J. Alexander ~ Councilmember Paul Biane Mayor Pro-Tern Diane Willlares Councilmember Bob DuHon Jack Lam, AICP, City Manager Councilmember James V. Curatalo 10500 Civic Center Drive · RO. Box 807 * Rancho Cucamonga, CA 91729 · [909) 477-2700 · FAX (909] 477-2849 .. .c,.,aneho-cueamonga.co.u, RANCHO CUCAMONGA E) UILDING AND <SAFETY St rffReport DATE: September 20, 2000 TO: Mayor and M~mbem of th~ Gi~ Goundl Jack Lain, AIGP, Gity Manager Ri~k Gomez, AIGP, Gommuni~ Development D~pa~m~nt John Thomas, Actin9 Buildin9 O~dal 8~: RESPONSE TO REQUEST FROM GIW GOUNGIL FOR INFORMATION REGARDING SLUMPSTONE WALL AT 6~9 EAGLEBTONE PL., ~NGHO GUGAMONGA On September 6, 2000, the Mayor and Members of the City Council requested staff to research specific events and provide clarification regarding particular issues relating to statements made by Mr. Georgiou during the City council meeting. Staff has reviewed the numerous documents pertaining to this matter and has prepared the following chronology of significant events and decisions: · November 4, 1997: Complaint was filed by Mr. Georgiou stating that, in his opinion, his wall moved excessiQely. November6, 1997: First field inspection by Building and Safety Staff. Inspection report noted the wall appeared to be constructed as per the approved engineered design. Mr. Georgiou requested a second inspection that would include representatives from Citation Homes. · December 17, 1997: A second field inspection was made and all party's agreed to expose a portion of the wall to determine location of reinforcement steel and to determine if wall is propedy reinforced Mr. Georgiou provided written authorization to Citation Homes. STAFF REPORT: SLUMPSTONE WALL AT 6549 EAGLESTONE PL. September 20, 2000 Page 2 · December 18, 1997: Citation Homes obtained a permit for investigation of wall construction. · January 17, 1998: The wall examination and analysis was completed and affirmed that the wall construction was in accordance with the engineered design cdteria set forth in the 1994 Uniform Building Code, and was built in accordance with its original design at the time of construction. · February 17, 1998: Building Official notifies Mr. Georgiou of receipt of the Stamphi structural report prepared by Citation Homes. · February 18, 1998: The Building Official directs Esgil, an independent consultant, to review and comment on report. · March 31, 1998: Esgil approves the findings of Citation Homes report and notifies Building Official. · June 11, 1998: Building Official receives Esgil analysis of Citation Homes report and Building Official approves Esgil's analysis. · November 3, 1998: Letter from Mr. Georgiou again requesting status of Building Official's June 11, 1998 decision. · November 10, 1998: Building Official notifies Mr. Geregiou again of his June 11, 1998 decision, which Mr. Gerogiou originally received on June 11, 1998. · November 25, 1998: Letter received from Mr. Georgiou stating intention to seek civil action against the \ STAFF REPORT: SLUMPSTONE WALL AT 6549 EAGLESTONE PL. September 20, 2000 Page 3 · December 8, 1998: Mr. Georgiou is sent letter from the Building Official informing him to direct all further communication to the City Attorney because of his expressed intent to litigate. · February 17, 1999: Mayor responds to letter from Mr. Georgiou regarding his request for a field inspection of his wall. Building Official is directed to meet with Mr. Gerogiou, and a meeting is scheduled. · April 15, 1999: Letter from Mr. Georgiou dated April 15,1999 is received. It was also determined by the City Attorney that, the letter was not an appeal due to statute of limitations and failing to meet the requirement to file written notification of his appeal within 10 days of the June 11, 1996 letter approving wall design. · June 16, 1999: Rancho Cucamonga Municipal Code 15.08.020 Section 204 is repealed and 15.12.05 Section 105.1 was adopted in its place. August 10, 1999: City received letter dated August 9, 1999 from Mr. Georgiou protesting make up and structure of the Board of Appeals in accordance with RCMC 15.12.05 Section 105.1 · August 30, 1999 Building Official notifies Mr. Georgiou of a scheduled hearing for October 6, 1999 before the newly assembled Board of Appeals. Mr. Georgiou is notified of the Board of Appeals structure. · October4,1999: Mr. Georgiou notified of rescheduled Board of Appeals hearing of October 13, 1998. · October 7, 1999: Letter to Mr. Georgiou from City Attorney's office clarifying Mr. Georgiou's concern regarding the appeal process and structure of the Board of Appeals. -3- STAFF REPORT: SLUMPSTONE WALL AT 6549 EAGLESTONE PL. September 20, 2000 Page 4 · October 13, 1999 A Board of Appeals hearing canceled because Mr. Gerogiou will not attend. · December 9, 1999: Mr. Georgiou is mailed an appeal application form. · December'29, 1999: Mr. Georgiou responds setting forth his first specific grounds for his complaint. · January 19, 2000: City Council agrees to set meeting to hear Mr. Georgiou's complaint based on his December 28, 1999 letter. · February 17, 2000: Mr. Georgiou is notified of the February 23, 2000 City Council Headng. · February 23, 2000: Mr. Georgiou's appeal is heard before the City Council. The City Council supports the decision of the Building Official. · March 30, 2000 Mr. Georgiou agrees to appear before the Building Board of Appeals. · June 12, 2000: Mr. Georgiou is informed of the Building Board of Appeals headng scheduled for June 29, 2000. · June 22, 2000: Letter received from Mr. Georgiou indicating that he will not attend. He again challenges the process and structure of the Board of Appeals. · June 27, 2000: The Building Official responds to Mr. Georgiou. · July 18, 2000: Letter from City Attorney to Mr. Georgiou establishing new hearing date of July 27, 2000. -4- STAFF REPORT: SLUMPSTONE WALL AT 6549 EAGLESTONE PLo September 20, 2000 Page 5 July 24, 2000: Letter received from Mr. Georgiou declining to attend the July 27, 2000 meeting. · July 27, 2000: Board of Appeals meeting is held and Mr. Gerogiou does not appear. Board of Appeals affirms the original decision of the Building Official. · September 6, 2000: Mr. Gerogiou appears before City Council meeting and is granted an opportunity to be heard at the September 20, 2000 City Council meeting. Analysis of issues raised by Mr. Georgiou: 1994 UNIFORM BUILDING CODE Mr. Georgiou's original issue is the applicable code regulating the construction of his garden wall. The wall was designed and constructed under the 1994 Uniform Building Code. This was the subject of his December 28, 1999 letter. The 1994 Uniform Building Code was the standard by which the wall was designed and analyzed. The 1994 Uniform Building Code was the building code in force at the time of Citation Homes' report made by Stampfi Engineering. The 1994 Uniform BUilding Code standards were in force at the time the wall was issued a building permit. NOTIFICATION Mr. Georgiou continues to assert that he was not properly notified as to the decision by the Building Official to accept the engineer's report. On June 11, 1998, Mr. Gerogiou was notified of the Building Official's decision to accept the engineer's structural analysis of the wall. Mr. Georgiou acknowledged the decision of the Building Official in writing and was again informed on November 10, 1999 of the Building Official's, decision to accept the findings of Citation Homes structural analysis for the wall, and a formal analysis by Esgil, an independent consultant who reviewed and approved the original design, and structural analysis report. STAFF REPORT: SLUMPSTONE WALL AT 6549 EAGLESTONE PL. f'~ September 20, 2000 Page 6 APPEAL Mr. Georgiou's letter of April 15, 1999 is not an appeal. His letter discussed a series of events that had occurred fourteen (14) months eadier, well after the appeal period expired,and did not identity or specity what he took issue with. Based on the content of his letter there was no reason for the city to conclude he intended anything more than to complain about events occurring on his property. Not until December 28, 1999 did he set forth a specific complaint. His letter appealed the action of the Building Official regarding a report that analyzed his wall. The City Council, in an effort to be responsive to his grievance, agreed to grant him a hearing. The City Council opted to extend this opportunity to him because of the policy of the City Council to extend all reasonable efforts to be responsive even though his appeal period had expired. At that time the City Council was no longer empowered to act as the Building Code appeals hearing board due to a code amendment. The law in effect at the time an appeal is received guides the procedures of the appeal hearing in accordance with Section 105 of the 1997 Uniform Building Code. This code, and the ~1~ appeals procedure and body was adopted by the City of Rancho Cucamonga on June 16, 1999. This new section was in effect before his December 28, 1999 letter. Mr. Gerogiou was notified of these changes and on numerous occasions had voiced his displeasure with the new Board of Appeals structure from a five member board to a three member board with two alternates. BLOCK WALL HANDOUT Mr. Georgiou has raised questions regarding the City's block wall handout and the design of his wall. The permit issued to Citation Homes stated special conditions that the wall was to be constructed based on the approved engineered design for Tract 13945, and not per the city handout used typically by homeowners and masonry contractors for garden walls. The handouts are made available to the public at the Building and Safety counter as a guide to assist residents and contractors who can not employ an engineer or design professional. Walls maybe designed by licensed professionals without following the wall handout. Mr. Georgiou contends that there was "paper" used in lieu of grout in his wall. This was not the case. The paper found in his wall is typically used as grout stops in masonry ~1~ -6- STAFF REPORT: SLUMPSTONE WALL AT 6549 EAGLESTONE PL. September 20, 2000 Page 7 construction. This prevents the over filling of grout in block wall cells beyond the design requirements for structural reinforcement. Should you have any additional questions or comments please feel free to call me at anytime. Re pe,ctfully ed, Ri Attachments -7- RICHARDS, WATSON & GERSHON ATFORNEYS AT LAW ~.--=~ -~-., ...~. June 30, 2000 ~ ~ ~. George M. Georgiou 6549 Egglestone Place R~cho Cuc~ong~ California 91739 Re: Yo~ J~e 27, 2000 le~er teg~d~g a Building Bo~d of Appe~s He~g De~ ~. Georgiou: I ~te on beh~f offfie Ci~ of R~cho Cucmonga for ~e p~ose of providing a final cl~cation offfie scope ~d p~ose of ~e pro~sed Build~g Bo~d of Appeals he~ng. ~s le~er is cmula~ve to, ~d includes ~e ~o~a~on con~ned in ~. M~sh~o~ s J~ 21, 2000 l¢~er to you teg~d~g ~s ma~r. Yo~ J~e 27, 2000 le~er demons~ates ~at you rem~n ~cl~ ~ to ~¢ b~is for ~s he~g ~d mqu~e ~er cl~on. ~s le~er ~ll ~ ~e Ci~'s "~al cl~ficafion" on ~s ma~er. As you ~ow, ~s issue h~ been ad~s~ repeatedly ~ sev~ fo~s. It is now appropriate to b~g ~s to a ~ conclusion. ~¢ Ci~ ~ll leave to you ~¢ dccision to wh~ffier you desi~ to pm~ ~ffi ~¢ h~g ~ off¢~ ~d descried hc~der. you elect not to proud ~e Ci~ ~ll close i~ ~l~ on ~s ma~¢r ~d ~ll not ms~nd to ~y ~er co~tioB on ~e issue of ffie w~l on yo~ residence. ~e he~g off¢~ to you w~ expl~ ~ ~. M~h~o~s J~e 21, 2000 le~¢r. ~e subj~t ~at is at issue in ~e pro~s~ h~g is, ~ ~. M~sh~off not~ his d~ision to accept ~e Citation Homes spoBored re~ reg~ding ~¢ subj~t w~l's compli~ ~ffi ~e 1994 U~fo~ B~lding Code. ~e Ci~ h~ d~tc~ed ~at ~s is ~¢ o~y action upon w~ch you have filed ~ ap~. You rep~t~y ref~enc~ ~o l¢~s ~d app~ to contend ~at each w~ ~ "ap~." ~se~on is mispla~ ~d ~e Ci~ h~ no~ ~d ~ll no~ reco~i~ or a~ept ~¢m ~ app~s ~s~g ~der ~¢ Ci~'s B~Id~g Code. ~e Ci~'s concl~ion is b~d upon follo~g ~ysis: RICHARDS, WATSON & GERSHON Mr. George M. Georgiou June 30, 2000 Page Two 1. The letter you reference as the "April 19, 1999 appeal." This letter, dispatch dated by you as April 15, 1999 is not an appeal and, even if it were an appeal, it was not filed in time. First, on its face it is untimely and thus barred by the theory of the statute of limitations. The appeal process then in effect required that any appeal be filed on or before ten (10) days elapsed from the complained of action. Your letter discussed a series of events that had occurred fourteen (14) months earlier. Thus, if this letter was an "appeal" it was untimely and thus not within the jurisdiction of the appeals body. In addition, the letter was not an appeal is that the letter did not identify or specify an act or decision that occurred with which you took issue. Simply put, you did not complain about any specific action, you merely told a story. The City cannot unilaterally conclude what has aggrieved a person, we must clearly be told. Based on the content of your letter there was no reason for the City to conclude you intended anything other than a general factual recitation (complaint) about events occurring on your property. 2. The letter you reference as the "May 20, 1999 appeal." This letter that you reference as being dated May 20, 1999 is also not an appeal for the same reasons discussed above. Further, it was not timely for the reasons stated above. On the basis of the foregoing, the City will not recognize either letter as constituting an appeal and no hearing will be conducted upon any matters that you contend arise under either of these letters. 3. The December 28, 1999 letter. The City received another piece of correspondence from you that, although also untimely and subject to bar by operation the applicable statute of limitation, did set forth a specific factual ground of complaint. This letter was dated December 28, 1999 and was directed to the Honorable Mayor Bill Alexander. In this letter you appeal the actions of Mr. Makshanoffregarding a report that analyzed your wall. The City Council, in an effort to be responsive to your grievance, agreed to grant you an informal heating. The City Council opted to extend this courtesy to you because of its policy to extend all reasonable efforts to be responsive to the citizens of Rancho Cucamonga. At that time the City Council was no longer empowered to act as the Building Code appeals hearing board due to a code amendment. The law in effect at the time an appeal is received guides the procedures of the appeal hearing. Mr. Makshanoff, in his June 21, 2000 letter referenced you to Section 105 of the 1998 Edition of the California Building Code CCBC"). This code, and the appeals procedure and body specified therein was adopted by the City ofRancho Cucamonga on June 16, 1999. This new section, being in effect before your December 28, 1999 letter, thus contxols the hearing process. The body your appeal will be heard by is the body referenced in the referenced CBC code section. The City Council now has no formal role in building code appeals became of the code amendment. In light of this fact the City will not address the topic of the City Council as the hearing body in any future correspondence. RiCHARDS, WATSON & GERSHON Mr. George M. Georgiou June 30, 2000 Page Three The final issue you raised pertains to Mr. Makshanoff's reference to the 1994 Uniform Building Code as the applicable code regulating the wall construction technique. The wall was designed and constructed under the 1991 Uniform Building Code. The study that was the subject of your December 28, 1999 letter of appeal utilized the 1994 Uniform Building Code as the standard against which the wall was judged. The 1994 Uniform Building Code standards are the equivalent of those set forth in the 1991 Uniform Building Code. Further, the 1994 Uniform Building Code was the building code in force at the time Stampfl Engineering did the analysis. In light of the fact the 1994 Uniform Building Code standards are the equivalent to those in fome at the time your wall was issued its building permit, the City cannot identify and prejudice to you arising from the use of the subsequent code. The City will not alter the decision to continue its utilization of the 1994 Uniform Building Code in regards to your issue. The City now asks you to advise it as to whether you desire to proceed with your December 28, 1999 appeal request. As you have been advised many times, even if the Appeals Board agrees with you that Citation Homes did not comply with the applicable code in building your wall, that decision may not be enforceable by the City if Citation asserts the passage of the statute of limitations. But, at least you will finally be before the correct board. Please advise Mr. Makshanoff ofyour decision not later than 4:30 pm on July 10, 2000. If you do not respond affirmatively by the specified date and time the City will conclude you have abandoned the December 28, 1999 appeal and will close this matter for all purposes. The closure means that the City will not respond to any further inquiries or requests by you or your representative in regards to this subject matter. If you timely advise Mr. Makshanoff that you do elect to proceed with the December 28, 1999 appeal the matter will be heard by the Building Board of Appeals, as defined by Section 105 of the CBC, on July 27, 2000, at 5:00 pm, in the Tri Communities Conference Room on the fast floor of the Rancho Cucamonga City Hall. Thank you in advance for your anticipated cooperation achieving a resolution to this matter. Very truly yours, William P. Curley III WPC:Ijl Assistant City Attorney 614748.2 City of Raneho Cucamonga cc: Jack Lain, City Manager Rick Gomez, Community Development Director James L. Marianan, City Attorney Bill Makshanoff, Building and Safety Official 15.08.020 and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of this code, the referenced technical codes ~nd all other applicable laws or ordinances pertaining to the protection of persqns or property are observed there- in. (Ord. 497 §4(part), 1992). 15.08.020 Section 204 amended--Appeals. Section 204 of the Uniform Administrative Code is amended to read as follows: Section 204(a) Appeals. A decision of the Building Official regarding interpretation or implamentation of any provision of this Title, the Uniform Administra- tive Code, 1991 Edition, or the technical codes refer- enced therein shall be final and shall become effec- tive forthwith upon the service of the decision of the Building Official, in writing, upon the permittee, applicant or other person affected by the decision, hereafter called permittee. For purposes of this · section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of service of the decision of the Building Official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the Building Official. (b) Board of Appeals. The City Council or such other 5 persons, other than employees of the City, that the City Council may appoint, shall act as a Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Subsection (a) of this Section. The City Clerk shall schedule a hearing on the appeal at reasonable times and at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evi- dence to support his claim. The Building Official shall transmit to the Board all records, papers, docu- ments and other materials in support of his decision and shall provide a copy thereof to the permittee ap- 189 (Rancho Cucamonga 12/92) 15.08.030--15.08.040 pealing the decision of the Building Official. The permittee appealing the decision of the Building Offi- cial shall cause, at his own expense, any tests or re- search required by the Board to substantiate hi~ claim to be performed or otherwise carried out. The Board may continue such appeal. hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse, or modify in whole or in part, any appealed decision, determination or inter- pretation of the Building Official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. Notwithstanding the foregoing, appeals filed in rela~ tion to substandard residential buildings shall be processed in accordance with Section 203 of'the Uni- form Housing Code and appeals filed in relation to a dangerous building shall be processed in accordance with Section 205 of the Uniform Code for Abatement of Dangerous Buildings. (Ord. 497 §4,(part), 1992). 15.08.030 Section 205 deleted--Violations and pen- alties. Section 205 of the Uniform Administrative Code is deleted. (Ord. 497 §4(part), 1992). 15.08.040 Section 301(a) amended--Permits required. Section 301(a) of the Uniform Administrative Code is amend- ed to read as follows: Section 301(a) Permits Required. Except as specified in Subsection (b) of this section, no building, struc- ture, site preparation or building service equipment regulated by this code or the technical codes adopted by this Title shall be commenced, erected, construct- ed, enlarged, altered, repaired, removed, installed, converted or demolished unless a separate appropriate permit for each building, structure, site preparation or building service equipment has first been obtained from the building official. A separate grading permit shall be required for each site and my cover both excavations and fills. Separate building permits shall be obtained for major drainage structures and retaining walls submitted for checking as a part of a grading plan. (Ord. 497 §4{part), 1992). (Rancho Cucamonga 190 12/92) 15.12.005 Chapter 15.12 15.12.210 Appendix Table A-33-B deleted--.Gmding permit fees. BUILDING CODE* Pdor ordinance history: Ords. 311 § 6, 412 § 5, 434-A, 497 Sections: § 5 and 594. 15.12.005 Section 105.1 amended-- General. 15.12.005 Section 105.1 amended--- 15.12.010 Section 105.2 amended--Work General. exempt from permit. Section 105.1 of the Building Code is amended 15.12,020 Section 107.2 amended--- to read as follows: Permit fees. 15.12.050 Section 107.3 amended--Plan 105.1. Gener;I. review fees. 15.12,040 Section 107.5.2 amended-- In order to hear and decide appeals of or- Investigation fees. ders, decisions or determination made by the 15.12.050 Section 108.a added.-- Building Official relative to the application and in- Repeated inspections. terpretation of this code, them shall be and is 15.12.060 Table 1-A deleted--Building hereby created a Board of Appeals consisting of permit fees. 3 members and 2 alternates who ere qualified by 15.12.070 Section 1507.5 amended-- experience and training to pass on matters pep Asphalt shingles. taining to building construction and who are not 15.12.080 SecUon 1507.7 amended--Clay employees of the jurisdiction. or concrete tile. 15.12.090 Table 15-A amended--- The Building Official shall be an ex officio Minimum roof classes. member of and shall act as secretary to said 15.12.100 Appendix chapters deleted. Boerd but shall have no vote on any matter be- 15.12,110 Appendix Section 1016.1 fore the Board. The Board shall adopt rules of amended--General. procedure for conducting its business, and shall 15.12.120 Appendix Section 3306.2 render all decisions and findings in writing to the amended--Exempted work. appellant with a duplicate copy to the Building 15.12.130 Appendix Section 33093 Official deleted--Grading design. (Oral. 603 § 4 (part), 1999) 15.12,140 Appendix Section 3309.8 deleted--Regular grading 15.12.010 Section 105.2 amended--Work requirements. exempt from permiL 15.12.150 Appendix Section 3305.9 Section 106.2 of the Building Code is amended amonded :ermit issuance. to read as follows: 15.12.160 Appendix Section 3309.10 adde:~ ."rotection of adjacent 105.2. Work Exempt from Permit. property. 15.12.170 Appendix Section 3309.11 A building permit shall not be required for added--Temporary erosion the following: control 15.12.180 Appendix Section 3310.2 1. One-story detached accessory buildings amende:~ :len review fees. used as tool and storage sheds, playhouses, 15.12,190 Appendix Section 3310.3 and similar uses, provided the floor area does amended Grading permit not exceed 120 square feet(11.15m). fees.. 15.12.200 Appendix Table A-33-A 2. Wood, chain-link, plastic, metal or similar deleted---Grading plan review fences not over 6 feet in height above the lowest fees. adjacent grade. 15.12.020 3. Oil derricks. 107.2. Permit Fees. 4. Movable cases, counters and Partitions The fee for each permit shall be as estath not over 5 feet 9 inches (1753 mm) high. lished by Resolution of the City Council. 5. Retaining walls and masonry fences not The determination of value or valuation un- over 3 feet in height above the lowest adjacent der any of the provisions of this code shall be grade, unless supporting a sumharge or im- made by the building official. The value to be pounding Class I, II, or III-A liquids. used in computing the building permit and build- ing plan review fees shall be the total value of all 6. Water tanks supported directly upon construction work for which the permit is issued, grade if the capacity does not exceed 5,000 gal- as well as all finish work, painting, roofing, eiec- Ions (18,927L) and the ratio of height to diameter tdcal, plumbing, heating, air conditioning, eleva- or width does not exceed 2:1. tom, fire-extinguishing systems and any other permanent equipment. 7. Platforms, walks and driveways not (Ord. 603 § 4 (part),1999) more than 30 inches (762mm) above grade and not over any basement or story below. 15.12.030 Section 107.3 amended Plan 8. Painting, papedng and similar finish Section 107.3 of the Buildlng Code is amended work. to read as follows: 9. Temporary motion picture, television and 107.3. Plan Review Fees. theater stags sets and scenery. When .submittal documents are required by 10. Window awnings supported by an exte- Section 106.3.2, a plan review fee shall be paid rior wall of Group R Division 3, and Group U Oc- at the time of submitting the submittal documents cupancias when projecting not more than 54 for plan review. Said plan review fee shall be as inches (1372mm). set forth by Resolution of the City Council. 11. Prefabricated swimming pools acces- Where plans am incomplete or changed so sow to a Group R, Division 3 Occupancy in as to require additional plan review, an additional which the pool walls are antirely above the adja- plan review fee shall be charged. cent grade and ff the capacity does not exceed 5,000 gallons (18 927L). The plan review fees specffied in this sec- tion are separate fees from the permit fees Unless otherwise exempted, separate specified in Section 107.2 and are in addition to plumbing, electrical and mechanical permits will the permit fees. be required for the above-exempted item. When submittal documents are incomplete Exemption from the permit requirements of or changed so as to require additional plan re- this code shall not be deemed to grant authoriza- view or when the project involves deferred sub- tion for any work to be done in any manner in mittal items as defined in Section 106.3.4.2, an violation of the provisions of this code or any additional plan review fee shall be charged. other laws or ordinances of this jurisdiction. (Oral. 603 § 4 (pert}, 1999) (Ord. 603 § 4 (part), 1999) 15.12.040 Section 107.5.2 amended--- 15.12.020 Section 107.2 amended Permit Investigation fees. fees. Section 107.52 of the Building Cede is amended Section 107.2 of the Building Code is amended to read as follows: to read as follows: Transcript of Proceedl.~ 024'23/2000 1 (Pages I to 4) BUILDING APPEALS HEARING ) I APPEARANCBS: BEFORE TI~ u'rY COUN~L ) 2 3 FortheClV/ofRand~oCucamongt: OF RANClIO CUCAMONGA ) 4 WH I.IAM ALEXANDER, Mayor DIANE ~/]|]J~, Mayo~ Pru-Tem February 23, 2t~0 ) 5 ~ACK LAM, tray ~ ) VasIJAMP. CURLI~HI, CltyAttomey 6 DEBBIE ADAMS, City Clerk PAUL BIANE Councilmember 7 JAMES V. CURATALO, Councilmember BOB DUTIDN, Councilmember 8 9 AlsoPre~nt: 10 GP,~)RGE M. GBORGIOU RICK GOMEZ TRANSCRIF]' OF PROCI~gf}INGS 11 AL ISOLDA BILL MAKSHANOPF Rancho Cucamongn, California 12 Wednesday, February Z3, 2000 13 14 15 16 17 18 19 Repotled by: 20 JENNIPF, I( D. BARI~R 21 · .C~R No. 12168 22 JOB No. 561006 24 · I 1 llanc~o Cucamongn, California, 2 2 Wednesday, Februav/23, 2{)00 3 3 5,'01 p.m. - 6'.35 p.m. 4 Btm P~IG APPEALS HEARING ) 4 BEFORE THE CFFY COUNCIL ) 5 OF RANCHO CUCAMONGA ) 5 M]I. AIiDr, ANDEIR: Okay. We¶ call a special 2~ 6 meetjngforthecitycouncilofilanchoCucaruongnto 6 February23, ) 7 order. lwouldask/hatyouallpleasesmndnndjoin ) 8 an in the pledge of allegiance. 7 9 (RciicallofCmmcilmembet~) 8 10 MR. ALEXANDER: l~anB, iteanoflmsiness, is 9 11 one heating of building and safety official ~ decialan 10 Transcript of Proce~Ino~ 12 regarding slump gone wall located at 6549 Egglegon 11 takeaatl0500CivicCentet~}~ive, 12 Rancho Cucamonga, California, 13 13 be=innlnSatS.'011?,m. and ondlng at 14 MR.I. AM: Mt. Mayor, members of the councfl, 14 6:~Sp.m. onWeitnesday, Februavj23, 15 !vlt. lMnlr~h~noff will give that reporL You mlght note 15 2000, beforerI~NNIFERD. BAP, KER, 16 that the meellng is not only reconied but we also have a 16 CerlifiedShonhandReporterNo. 17 coutiteponeralsoreportingtbepruceedings, soifwe 17 12168. 18 could ~ cieady and not too quickly, well 19 20 20 MR. MAKSHANOFF: As I staff my ~.pon Allen 21 21 Brock is goin~ to be put~ing up some overheads on fi~e 23 23 ML Mayor, members of the cily colmcil, this 24 24 he~ingWnightistohe.~/~f,~albyl~.Geor~on 25 25 xe4;atdingmydecisiooonareantm~YwaHomstnaedat paSe2 Esqu/re Deposition Services 714.834.1571 /&/ Transcript of Proceedin~ 2(Pages5toS) I hisptopenylocaledat6S49EgglestonPlac~inRancho I ofhinlnvul~gadonwuWobse~etheexFm~ed 2 CucamongL 2 vertical and horizoutal steel, the goudng of the c~lls 3 MR. ALEXANDER: Pa~lonmconeaecond. Sincewe 3 coulsinme_od~aled, amdth~atabtlityogt~ewalL He 4 ntet~cotdln~atetho~numericallyidendfiedonthe 4 stat~d'hatthcgeneralappeanncet~thewtllwasgood S backofthepichuessothatwecantefe~nc~inreganJ S ItOddleteWgSUOSpplfClltleanln,u.(3aC~d/IgOfOdlet 6 to tbe recording and the picrdn~? 6 vis~le signs of ~ Mr. Stamp~ scanned the wall 7 MR. MAKSHANOFF: lnthestaffrcFortthete, 7 wittlamctaldeteotoa'tok)gltetbcfeolalnln;everticaJ 8 d~isisl~thR~lofExbibilA. l~son~. 8 steel. Heatsodrillcdtwohalf-inch-diameterbolesin ~ MJLA].JDGs. NDER: Ob, allfighL 9 thebottomcouxscofblodgsintwokx:adonscontainlng 10 MR. MAKSHANOFF: It~smyrecommendatlonthat 10 daeverticalsteelmdetermlneifthecellsweteful]y 11 the city council deny the appeal and uphold the decision 11 Foeted. Inhismpo~hestaeestbatfuHFom 12 of tbe building and safety o~Scial daat thc subject 12 penetratlon was ptcscnt in both locations. Hetben 13 wall meets the requirements of the Uniform Building 13 uncovered the foundation in tbre~ locations to determine 14 Code. 14 if~efoundationw&sofadequatesi~tosuFponthe 15 We sUned tbis back in Novembet of1997. 1S wall. 16 Mt. Georg~ou Sled a complaint with the bufiding and 16 Using the data ftom his observatioa, he 17 safety division and the complaint stated that in his 17 did--he thendida smmmttl analysis based on the 18 opinionhedidn~tthlnkthewaJJwhidawa.sconstrucsed 18 UnUormBuiklln~oCode. Mt. San~ concluded that the 19 byCitationHome~wasconst~c~dprope~y. intesponse 19 w~lloletlb~mlnimulllUIl~o~~t~quh~menl~ 20 to hjs complaint, tbefus~inspeaiontookplaceon 20 dmthegroutand/ormortatm~deompliedwithdm 21 Novembet6dsof1997, and in that tepon thete were two 21 building cede fot fine g~out. He adso stated in his 22 iJ3spectors out there tbat day, Mt. Jim Schxoedet and 22 repofithataddldondvetticals~ellnthevralJcmdd 23 ML Jeny ~nill'.ms. In that tepofi, the firsl comment 23 make the wall~QXu because~he flexibility of rise 24 is that the wail appeared to meet fae m~nimum 24 wId] ~ djfe4~ febit,d to tbel~ogDt ofvcfdP~l steel 1 suggestdlatacoactetcblockp~astcrmiShtstopthe I BufidingCodexeqoltnaenawe~met, no,.~,,;t~ve 2 mov=m~ntifl~iltat~expan~onjointinsiet-th~ 2 ac~ioew-wefequited. 3 propmy. 3 iteviewedandal,F,,,vedthaStepofionFebmaty 4 OnDecemberlStbofl997, asecoadinspecdon 4 18th, 1998. l subsequently had the teFon reviewed by S was held at the si~e with Mr. ~ a represeatative S ES61LC. tnpetmion. E861Lisanindepe~lentengineefing 7 building and safety pteaem at the meeting. Atthnt 7 thec~tyo~ac.,,us-~_'~_.~basis. They tesponded to me 8 meeting, itwasdecitledtoreanoveaportionoftheWall 8 inamemorndmnd,m~Mat~31st, which is attad~ to 9 i~otdettoe~ho~tei~emsleelamJm 9 tbisrejxm, andintbeitapinia,*T'hev,_o|,,eer 11 w-,.sp,,~p~lymitd,,,~d. 11 ~tothedeaig~ofdaew~llm~lu_~__~_~by~he 12 AbMDdlnepe~WB~tObeO~fOffaie 12 ~n_oln~e~,&DdOlatlhew~coI!/p~eswiflltbemlnlm~JID 13 wo~kdltrMt, Georgio~pmvidcdw~itUmau~hofiza~on 13 ptoviai~asoftheUnfformB~ldh~Code. "T~eywemon 14 fmtbewo~mbedone, Mt, Geot~oul:rovid=d~tt 14 tod~btlmtbequalityofcmasmac~onwaBbeyond 15 autbodzMie~lel~*dal~dDccemberl7tbandapennit 15 theit~,,eofreviewanddmtw~becauseES6ILwasno~ 16 wa~obWinedbyCilafio~Home~onDcccmbcrl8tb, 16 asked to inspect tbe wall but maly to reRx:md m tbe 17 Subsequendy, tbe building nnd safcty division 17 en_oineef~collc~P'~dt'*41nldr. Stam~s tepoft. 18 receivedagluofif%omCitatlonHomesdatedJanuary 18 In a legter to C~tation Homes dated June llth, 19 17e%1998, wriUenbyblt. WilliamStamp~,aStatcof 19 1998,1confirmedmyai:9~,valoftbewadl, andl 20 Califomia-Uoensedc~vilengineer. The subject of his 20 re~dedtoCitadonbe~,,~dseytookoutthepennit 21 report was titled "Results of Structural Investigntion 21 to remove the blocks that are shown in these pictures 22 of Existlng BIock Fence at North Side of Reat yaud of 22 andtodothesmactufalanalpisofthewnll. 23 Resideace at6S49EggJeston Place, Rancbo Cucamonga, 23 Mr. Georgita was lnovided with aco~y ofthat 24 California.' 24 letternnd, in addition, ltealfmaedmysf~,,alto 25 Ill Plmmar}F, M~. S[R~]pf] S~R[P.d that ~he purpose 2~ Page 6 Esquire Deposition Senriccs 714.834.1571 Transcript of Proceedings 3 (Pag~ 9 to 1 numermmlettenf~omldr. Georgio~helmsmade 1 packetofannek*nownnuabcrofpages, buijt*s~ded 2 statements regarding die structural inte~ity of the 2 "Appeal to a Decision of the Building Of Scial, 3 waOand, inpazficu]u, thevaUdityofthe~ 3 M. Georgiou, PiLD. Fcbnmry23zd, 2(X)0.' lsddswhat 4 rapoft. However, todate, Mr. Georgjouimsyetto 4 you~crcfcningtowbeayour,alk~aboutexlu*bits? 5 produce any documentation from a state-Ucensed civil ~ 5 MR. GEORGIOU: Oh, yes, There is an index to 6 sUuc~uml endnee to supp~ Iris asserfima. 6 the atlachmcnU. Right befo~ the attadimems tbem's 7 As ehe buiiding of~cial from the city, my 7 art index. The~ar~lTofthea, andwbatltefettois 8 authorltyisstrlcfiymlni~crlnl, mennin~Itgally 8 numberlwhidlshowsapictuteofthewaH, partof 9 don~havetheabiJ~ytoquestionthedesignofany ~ which we sec right now o~ the sueen; but fufil~nno~, 10 structure unless the deslgn does oo~ meel minimum code 10 terejsthissmallpo~ionofti~ewallwhici~laleron 11 t~qui,'exnentsandthM~stheonlythin~thalican II we see dat it was found de~cdve and it was never 12 respond to. So in my review and approvad oflhe wall, 12 chnllenged, okay, in lhe letler in whic~ it was found 13 it'sbasedsUlctlyonthes~utnuralenglueering, my 13 defec~ive, and the exact word~ng appea~ as aUadunent 14 ownobservationofthewall, and the conclusion thm the 14 numbez2bylVlr. Makshanoff. On Novembet 6,1997 two 15 waHmeetst~e rnanlmqm Unlform Buildjng Code slandards 15 builrlln~ins~fGtdleCityofP, anci~oCucamonga 16 wldcbiswlunwea~U~ingtoobUlin. 16 suggestedinwfi~nglhatffnsupportbloc~pilasU~ 17 So, again, rd go on to t~commend that the c~7 17 wasbuihitmig~tstopmove~ent, and that c~n be found 18 council deny the al~.aJ and upbold my decision that the 18 as AtUidunent 3. Thue was an identical m:ommendadon lP minimum code tequlfemeDts have been met, aDdfhM 19 tbatwasgiveDforoufDei~h~wal]at6550F. gg]estDD 20 concludes my repofi, and l~d be happy to answer any 20 Place, which was also buih by Citadon Homes at the 21 questions. 21 same timc. Our neighbor went ahead and surdng 24 UN/DE~i*~U~D SPEAKI~: No4 at this time. 24 During lhe building process, code' violations 25 MR. lvlAKSHANOFF: Mr. C, eorgiou in prr~m and 25 were uncovered in the pr~ace of city building Page9 Page 11 ) tbm~ab°areFueatafive~rmn(:)tafionl4omahere. 1 ina~,~eo. For--~-ple, papefwaafoudlatbcplace 2 IthinkaHwmddllketonakesomecomments. 2 ofFouta~JMtbistime, wit Tour pc~mifii~n, 3 Ivb. Geotgiouisdght~re. 3 Mr. May~,canld~playani~nasevidence? 4 MR. ALEXANDEI~ We made aplace for him to be 4 MR. P,!-~XANDER: Yeah, ldon't see any problem 5 ri~mupher~ 5 with~m. Whmareyou~mdi~play~ 6 IVlR. GEORGIOU: Oh, okay. T~n~ you. 6 MR. GEORGIOU: WeD, I ckm*t ,a~m m scnh~ 7 MR. AtP~LUqDER: For the teo~d, ffytmcould 7 the- 9 MR. GEORGIOU: Ye~, my name is George M. 9 see it in f~uL 10 Geotgiou, and I reside M 6549 F_gglestone Place, Rancho 10 MR. GEORGIOU: Yes. 12 the decisio~ofthebuild~ngoff~allo~-Tl~arepotl 12 MR. GEORGIOU: ThM block is the block through 13 byalalion, and we would ln~vide the reasons why 0mt 13 whi~theverlical--lbel~,~.~i~batgoeslhrough, 16 definillm~ When we say a wall, the wall ln que~itm is 16 beg~ut, o~hef~vlse, F~pe~tm,d,ln~tms~eelisno~ 17 nol only the parl thal was shown tm lhe l~,~-ncies 17 going tobe avely good suppolt, and ils i~/pliredby 18 ontbel~ojectorthere, bulalsoinch~esasmaller 18 cGdelhalitisgroul, butit~no~grout, it~poper. 19 ponion whi~ycm wo~ldfindasallachmenlnumberl 19 MR. CURATALO: ItSwharf 20 wbic~ is labeled a gn~l! portion. Now, that small 20 MB. GEORGIOU: It~ paper. Imide there, 21 pottion, as ~ see in the narrmjve, was inspected by 21 insteadofhavinggrout, i~paper, Imean, youcan 22 Mr. Mnhhnnoffpenonallyandheftmnditlobe 22 observeiL 24 MR. CURLEY: Sir, juslforlberecord, say, 24 l~nottl~lfamillarwilho~lma:deot~ms. 2~ your reference lo an atlachxnem, you~r~Eerringtoa 25 MI~ALEXANDEP~ The only ~In~ l~ey found, Page 10 Pag~ 12 Esqu/m Deposition Services 714.834.1571 Transcdpt of Proceedings 4 (Pages 13 to 1 Mr. Georglou, wsspaperupthexL 1 numberS. Okay. Thatc~fre~lionnot~wa~csllln,ofo 2 MIL GEORGIOU: That's paper, sit. 2 ~moval of blocks so that She whole two vertical bars 3 MR. ALEXANDER: I undemand. That's all they 3 are S MR. GEORGIOU: Well, they found p~er and ve/y 5 read that number? I canno~ mad eve~ word. Can 6 unusual movement, and in some places there wn x~lhlnE 6 mad that, i~. 7 to -- there was no~hln~_.. I mean, em!n~yspace. 7 MR. MAKSHANOFF: Consc6on l says, 'Rack the 8 MR. ALEXANDER: This was not on your wall? 8 wallb~:katleas~Sf~ettoexposeamlnlmumoftwo 9 MR. GEORGIOU: No, ilwLsonournelghbor~ 9 verdcalgmutc~iisandthefooting. A~erlhishas 10 wall. 10 been done call for an inspec~on. Ifyo~heveany 11 MR. AIJ~CANDER: Ms. Maninez~wall? 11 quesfionn, please contacnhe Building O~nc~l or Mr. 12 MR. GEORGIOU: Tlmtiscomn. And 12 CarlosSilva.*Andi~wssslgnedthepaulTaylor. 13 Mr. Maninezispr'-~-sthere. 13 MR. ALEXANDE~: Okay. 14 MR. CURATALO: Isthere anything like that on 14 MI~BIAN~ ljum aiso want to know, thatwas 15 the wall thM is in question now. 1dl for addten 6549? 16 MR. GEORG1OU: Welt, we don't know because the 16 MR. GEORGIOU: Yes, this was only for o~r 17 correctionofthis_ 17 address. 18 MP~CURATALO: pmjusl s~klnoo ifyou know Dow. 18 Okay. For oar wsH, C~eslion -arthur 19 MR. GEORGIOU: No, and d~ing the narrative 19 point, C~tlon Homes provided a report to the building 21 Now, this is important, you may see from our 21 inspcc~ons and enforcement of concc~on notices to 22 neighbor's-bowever, acon~ctionnoticcwasissued 22 cease. Heiftfonned~sofhisin~entionstoaocelnthe :~3:~with both ofour addresses on lt and you can see thal as 2.3. reFon vis telephone, to which we immedist~ly objected. 24~ anac. hmem - let me give you the exad Attachmere.- .~ 24 ' W~ made mg objcclions in a let~t to him, and that can 25 am~ct~nentnumberSifymseetherethecoffscfion -25 :'befxmndssAnachmentg, dat~dFebmatylTth, andwe Pag~13 Psgel. 1 notice was issued foz both on~ wall, 6549 plus 6~00 - 1 simply ~ to his intomi~ to acc~t the repo~ 2 sorry, 6~0, sfldthiscGrrec~ollwascslHn_,~for 2 and we arZued timt ~be burden in G~ Citation [o ptove 3 temoving the bond beam at both adthesees so that an 3 thatthewal]wasn~buflttoRsnchoCuc~mongabui]ding 4 mt~bemsdefo~theverlicalce[ls. Okay. 4 stendards nor to the buildlnE code smndarth' The 5 We!l, thstwasparfis!lyo~yedbyCitetlon. ~ney S rep~tdoesa*tptovelhisbutthat'sa~others~ry. 6 removed only a few blocks buHhey neve~ removed the 6 The guidelines and the orden M the llme, 7 whole verdcal - sony - lnizonml beam. It was 7 primsily to homeownens and small con~actors, required 8 never done. 8 pea gravel in the gtoul, at~quit~nentbeytmdUBC. So 9 Now, atth~Fointoutneighb~twentaheadto 9 ifsomesmallcontn~N~o~rhomeownetcametoseethe 10 do the pihsl~ and we found all these ~hin_os Arthat 10 wall and said, *l want to build a block wall,, they a~ 12 ammmlof$1,3~Oandalsotheycomplelsdconsmnjonof 12 t~thebo{lomleftwhereilseys"gn~ut"-P~esec~ond 13 thissuPPoningpiinstm, and you can see the check for 13 page, botnnle~thethirditemofno~,"grout"_it 14 Ihe ame~mt of of $1,350 as Anachmem6, and basinaLly, 14 is the definilion ofgrout: One pan cemenl, thtee 15 thema~n'wsdoesdwithoutneighbo~aftenhe 15 partssand, two pans pea graveL Pea gravel was not 16 expemes wem paid and they agresd to complete 16 ptesentnnd~stwssllgtauseoftheinsuanceofthe 17 conslruclinn. 17 sec~ndcon~clinanolice, and lo this day we don~ know 18 Now, whe~n some blocks were t~moved, the 18 why the c~y would have slringent standards, because 19 inspector, and that was on December 22rid, 1997, 19 pu~ng pea gnavel in the ~out makes it mmnger. For 20 approximately a week ~ that he issued another 20 regular people and for corporMiom, they merely can use 21 conecrOon riolice because he saw, on that pan that it 21 the sand gravel 22 was removed, thal no pea gravel was present in the 22 lnthesemeleltetonFebruary17th, 1998, we 23 grout, thatis, he deWJmined a~ to his opinion 2~ alsoaskedthequestion,*lfwepovidedareponfroma 24 that the gn~ut was substandard, and he /asued yet 24 Ijcenseden~n~efcert~fyingtheinstabtlHyofthe 25 another COS~on notice and that is in attachmant 25 waU, wiJLI you reinsue the cx~necticm notices, and in ~ PaSe 14 PaSe ~,~ . Esquirc Dcposition Scrviccs 714.834.1571 Transcript of Proceedings 02/23/2000 5(Pagesl7to20) I generalmakesulzthatthewallishsilltostandards?" I Asaresullofthismmeellngwssheldwith 2 Neither the buitding officlnl nor anybody else hc~ the 2 Mr. Goml~Mr. Mslr~hsnolI, and myself in atlnMance on 3 city would gave us an answ~. Yetnow, twoyeanls~r, 3 Apri12~d, 1998. Atthatmee~ngw~the 4 appsentlyforge~that, tbebuildingofficisl, in 4 decisionto_~c~q_~hetepo~fmmOtalionHomesln 5 lheslaffrepott, s~n~,.How~ver, todateMt. Georglou 5 w~itin&bmwew~zunsu~c~fui. 6 hasyettoproduc~anydoounentatjonf~ma 6 StilibeHevingthatnofin~!dscisionwss 7 slate-lio,~ ~:ivl] of slruc~'m~J enolneer 7 made, we followed up that meeting with a le~r to 8 Futlhermote, hedo~nmprovidetherationaleotlega] 8 ML Gomez April14,1998, At~nchment13, repeating our 9 basis that we should have provided him any doc~mentatloz 9 con~zms ahem city standards vetsos UBC and the 10 a~er he made the decislon to accept the report from 10 partlculargrootque~jon. Had we been ptovided the 11 C~ntion." ltwasatthispoim_ 11 dec~on in vn'iting out questions would be diff~t~m. . 12 MR. ALE~ANDER: Pardonme, isthisatepo~ 12 Wewouldbeuking~ota~aplzal. lnstead, v~wemled 13 fxomCitafi~orfromanenginee~g~rm? 13 into a wild goose dmse, sent there by bo~h 14 MILGEORGIOU: ltwasat~ponpaidfotby 14 Mt. Makshanoffsmilvir. C, mneL 16 MR.~ER: But we need to make it cleaL 16 30~1998, whjchisAtlacttme~t14, including some 17 lsita~,~ftomCita~on, Mr. Makshanoff. 17 documeotswerp~ He made h cteat that the 18 MILMAKSHANOFF: It's a report that w~s done by 18 documemsvm'ep~ovldedforinformationooly, andashe 19 an engineet for Omtion Homes. 19 20 M]LAI~'XANDER: Rig[~ But did be slga it as a 20 wa~builL Havi~gnofnalam'werf~mMLMalrslmm:)ff 21 reg~tetedeng~tHse~ 21 otlvir. Gomez, we wTme a letter to you July 2Ofb, |99~, 22 Ml~ MAKSHANOFF: He signed it, stamped it, and 22 Anachmem 15, ,.,kh,~ him questions concerning the 23 pu~hlsstatestamponltasastate-llcensedciviJ 23 .statudardsofbwaJl, indudingwbetherthecon, eclion 25 MP_ALEXANDER: AUfight. 25 :.WefolJowedupthalJelterwidlotber|ettel~ Page 17 Page 19 1 MI~GEORGIOU: It was al thjs polnt in the 1 inAug~andS~;Fi~.,ube~addr~asdtoth~c~ycouciL 2 chronok~yofeve~s, Febmaty18,1998, thalt~e 2 However, w~ never mosived answers to those quest/ons. 3 buildin~o~jdalte~dya~dl~sC~afionbuld~d 3 Were~____~_an~ofdlssmal~l~tlofthe 4 mi~.~uBhwT~j~uh.~:bc, C~:un~M,~:~3d 4 wallthesetsimadjs~Stothegsng~l~20~ S Code~cticmlS.08.02On~andAl~:knemlls/io~s 5 1998, sinoe it was too mmlabie. Imnealofp~n~mh~ ~ luthemffreponlmnysdmti~waspmvidedtou& ~ huani, timb~ldiuSoffxblperfo~noddmiuslmc~m ~ I'kaP4k~ctatomemiceOm~/twunmptovidodtom~by ~ o~rattnre~'~-~_kOmsf~,us. l-kfinaily 10 dmnodm:i~mwMmadeandhavingmrt~eived 10 21m, 1998h, l~lmmmo~ofreptuetmiv~sf..m IS MR. AL2XANDER: Afiadunemll? 1S without cur lmowkdg~ be fouud dm small pan 16 M/,.OEORGIOU: y~. 16 ~ Udngup~,~dmlenertl~dmbuiiding 17 MR. AtJ~.ND~R: llisalenetfiromBiU 17 ofiic~llmsmadethedecb~mtoaccepltherepon 18 Makskax~ff. Ilmaybel2. 18 fommllyoaF'ebnm~18,1998wiOgsmin~o,nlng~sas 19 MR. CURATALO: It~12,1beiieve. Whyd~m't 19 tlmlhnc~CucamoogaMuni~Coderequimd, onApfil 20 youck~it 20 19,1999wefiledfotOmFnmntappultodm 21 MR. GEORGIOU: Ol~yea, it~snumbetl2. Justa 21 decision. Thepml0mefuttl~app~istouu~ifyhis 23 ohy, lt'saUadmmnnmb~rl2, andpleam, ifyou 23 Tl~law, Rsndm___c~-~mgaMunlcipalCode PaSol8 Pa~20 Esqui~ Deposition Services 714,834.1571 Transcript of P~gs 02/23/2(3~1/I~- 6 (Pages 21 to 24) 1 permitee. I ~hatsecti~of~hecode, whichiadudeapmpet 2 MI~ER: Can we have the numbet again, 2 notification, Webm.feouta~llarg~lyonltlis 4 ~ GEORGIOU: 1~.08,020. *Petmitee," that 4 say~ m the fop sf~ion, ~ A, "q~Veal~, 'A ~ 5 would mean us, '~ ofthebuild~ngo~ciaite~m~ngint~talionot 6 MR. ALEXANDER: lsthatanatulchment? Okay. 6 implemenln~onofanyptovisionofttgsThle, the 7 I'msol~y. lfou~diL 7 UnifonnAdminisfrativeCnde, 1991Edillon, orthe 8 MR. GEORGIOU: Af~act~nentl7, yef. Okay. 8 t~ticalcodest~fet~Mx~dfhe~einshafibefinaland 9 Atuc~nem17, we inctude the actual secfion which w~ 9 shallbecomeeffectlvefotth~huponsetvi~ofgie 10 in effect at the lime. It state~ that 'deci~ons of the 10 decision of the building olfi~l.* Ohy. This is the 11 building offic~l have to be setved on the pe. rmitee," 11 placewhetethedecisionofthebuildingo~iciai~s 12 that if us, "and shall m~f eithet penonal delivery,* 12 13 l~ teading f~om the code now, "ot p!_*~__ in in the 13 MR, ALl~ANDEP~lnw~ngtottiepennitee. 14 UnitedStalesm~ilpo~ageptepald,*andf~om~attlme 14 MR. GEORGIOU: "lnwTilinguponthepermit~e.' 15 thMweareset~dwilhthatd~ision, wehavel0day~ 15 "Olhffpersonsat~f~bytl~etlecision 16 b,.~ingtothecode, to file for nn apFeaL 16 hef~af~fca]lcdthepen~j~. SOMr. Mak,.hsnOffi~ 17 Now, w~didn'iknowth~hea~i,,i~lthe 17 wTong. The definilion he gave fot the perm~t~e, we 18 deci~ion;the~fo~,hedidn~gjveusthechamzto 18 di~ovetedithe~. Thank you very munh. 19 al~eal~lhofetendays. 19 Okay. Andnlsono~e, agmin, the first fec~on 20 MR.~ER: lhavemMksquestion. Pm 20 herewhe~it~my~'otimpL'mentMionofanyptovision 21 son~tointen~p~. 21 ofthifTitle,'andthenitgl~efontoenmnerat~e 22 B~tf the defi~i~o~ofpel~jtee, Mf. Mnlr~noH, 22 tech~jc~d s~f,~ld ot~oflbeptovif~f oflh~fitie 25 terms ofwho b~ilt the wall~o begin with, th~petmifee ' 2.~ Cox~cl~sion: We t~que~that the bui~ding Page21 Page2. Transcript of Procccdings 02f23f2000 7 (Pagcs ?,S to :28) 1 w~etcomauyle~ms. lfwehadtowtitetol~mfive 1 Mr. Geoggiou gave perm~ion to Citatjon Homes to do 2 letters to re~x~l to a hazard report, fothlmto 2 thatw~L 3 r~'pond, who is tight bere? Us, who insisied for the 3 It was whatever wei was necessa~ so tlm an 4 i~pecfion to be done, o~him, that he dragged his feet? 4 investigafion could be made,, and that~a whet Cltafio~ 5 Mayor, this coDchides my pfesentatloD add ] would be 5 did. They removed some block and they wtained the 6 giad to answer any question.s. 6 ~rvicoofaclvile~ecr, astme-licemedcivii 7 M]L ALEXANDER: Thank yon..amybody have any 7 engineer, to make a sto~und investigation of tke 8 questions? 8 wall, andinaddi~ontotheremovalofthebkxi, be 9 MR. DUTFON: Just a =pie. Did ycu have 9 also used a metal de~ec~r to daterefine the location of 10 anybody, astn3cturalengineet, come om and take a look ]0 the ve~jca/ steel, and be wem through. | thin~. quite 11 at the wall yourself or _ 11 anex~ensivesmdyoetthe~etodetuminebowthewall 12 MR. GEORG1OU: We believe that is ir~levant 12 was buth. So I would say tha/both the ~,..~:~jon - 13 for the pmpese ofthis appea],and l~l rathernet 13 thiscon~cfion deted12-15 and the subsequent one 14 answetthequcstion. 14 deted-lthinkitvas12-22, bavebee~meLThe 15 M]L DUTTON: Well, 1 was just - yon were 15 intent of these ~,a,,~ioan have been met by whal was 16 m~lrln~ref~wncetothecodeseaionhete, andit 16 shovu on the overh-,,d,~ and by the en~n~ering rq:ert. ]7 agmdly-whe~yonindicatedtlmtyon'repetting 17 MR. DUTTON: And one other quesfion. I'mnet 18 your~elfimothesituatiemas-thesamede~nitlonas 18 anexpe~inthisareabyanystretci~ofthe 19 the petmjtee. that~ what you indicated? 19 ima~natio~x. What is the diffez~ce between grout and 20 MR. GEORGIOU: Yes. 20 mortar and why do yma use ooe versus the etbcz with 21 MR. DU'TrON: 'Cause it says, baclc ~ that 21 regards to a block wall? 22 the board may c,~,Btlnue the appeal. and so fofih, and 22 IVIR. MAKSHANOFF: Well. first of all. as 23 from time to fime, and tlmt's us, obviousiy,and that we 23 Ivlr. Geor~jou,¢f~.~dto, theplanthm~wehandedoutat 24 may -tlmt the permitee at~peallng the decision to the 24 the counter, let me fu~ state that when we talk about 25 boazdofbui]dingofl~clsi~s*shal]causeMbisowD 25 mlnirnu~codeqwehaveactua~yexc~ededminlmumcode Pag~2~ Pagc27 1 cxpemcanytexean~brequiwdbytheboant" Softwe 1 because the Uniform Buitding Code, to begin with. does 2 gr. quir. d you to go om and get an independent sUuctural 2 netevenrequi~apermitforwalb6featinbeighthoz 3 engineet~$w~uofi, are you wlnh,_~ to do that? 3 le~ Thecltykummn,.,~.4omiocalcodeb~eto 4 MR. GEORGIOU: Well, fl,-st, Ml'.Dutioa, aswe 4 5 mah*- 5 We have a standani plan. Ifsbee~s~-~sed 6 MR. DtrlTON: Well,!~mjustaskingyouasimple 6 oveztheyearssimzim:olpeeatio~i've~-visedthe 7 question. Would you be wiliing to do that to n:s~4ve 7 plan since l've been hete. But~handoutamandatd 8 this? 8 pbathetexceedsthemk.;-.ma~andaxtboftbeUnifotm 9 MR. GEORGIOU: irs not my R~lpons~=bflity to do 9 Building Code, beca~e l~s out plan tim w~ are handing 10 that, sir. We base out al~eai latgely o~ this 10 out, whatherit'stohomeownetso~tocoatractonto 11 provisioo; ffiat is the prov~ that we have the right 11 use. ln this case, the petmit was issued on a plan 12 based on the code to appeal on nontechnical Szounds, and 12 submitted by Citatioo Home~ and t,,~,,,,,~ed by the building 13 thisapVealhu~isanontt~mica~gtound. 13 depanment, and l have copies of that pennit thet wan 14 MILDUTrON: ionderstandthaL OnCe 14 issued to Citafio~ bati in1994, a~lthetwallwas 15 aUadnnentnu~berShe~-maybeyoucantdlme-it 15 impeded. 16 says, "We ~qui~d them to remove the bond beam.* Do 16 The~betweeor,,,.,dandmofiar- 17 yon know how much was nct~ally exposed to determine i:f 17 the~'sadefinitioninthecodeandthetwaso~eofthe 18 ~erewasaFoblem? 18 thln~gsthalStam~adl~Inki~tePOIt- The 19 MILMAK~HANOFF: Typically, when we lanve 19 ~betweenmmUrandgtout, astowheffiett~ 2~ conec~ionslikeffiis, in any simation, it~s to remove 20 net the mixtu~ was used, met, ngain, ffiedefinifionin 21 arel~etitivesample, whatever it takes, sothMwecan 21 thecode, snditdid, and that was the otheqmrpose fot 22 visualiy see what the conditlons ate, andffiemeefing 22 havingESGILt~viewit. 23 thatto0kplaceonD¢cembet-ithlnlritwasDecembez 23 I wamed to have an indqBendent mview to make 24 15th, with Mr. Geo~iou and Citation Homu and Jim 24 su~ that those minimum tequi~meets, with ~ to 25 Sctxoedet, wan to discuss m~. and et ffiat time 25 gfol~d~ofilf, abol~gt~emlnlntll~llfeqtli~3e~Bof Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2C~ 8 (Pages 29 to 32) 1 thecode, amt tltis mix did meet that. lwouldsay, fot 1 lepofl"'~mMt. Stalllp~isthallheminirmlmcode 2 thetecord, thalpeagraveldoesmakeast~ongergjout, 2 requiremems were met, andldr. S,ampIJ, whowasa 3 but when you go to · ~ grout, you gcneralJy use mote 3 legistered civil ~n~a~, traded that aiOlou~h 4 cementtomakethesamekindofsUeng~h. 4 additionalvelticalsieelwmddmakethewallmiffer, 5 MR. ALEXANDER: Diane? 5 in his opinion it wam~ requited becanse the code 6 MS. WfI.I.I~MS: No questions. 6 xequirements were met, and my po~jon is thal what we 7 MR. BIANE: This queslion is fot you, Bill. 7 atet~yingtodol~ereintbecltyisMtalnmlnlmamc~de 8 The UBCcode vemts the foLIow-ap to Bob~s quemion, l 8 provisions. 9 gue~,havew~everissuedcoff=ctivenoticest~saya 9 I shink if l told you that i was going out ~s a 10 ptivat~ homeowner that wants m come in and build a 10 buikling officinl and requiring people to exceed the 11 va~l, thattheydidn~uset~etightmixofconczete, ot 11 code l'd probably be tnllrln~ to you all the lime because 12 to pea gravel to sand, lmean, istt- 12 l don'l ,hanl~ that~ what we are supposed to be doing. 13 MR. MAKSHANOFF: Youknow, lcouldn'thonestly 13 ]thlnkminimtl~codeplovisloaaiawimtweshouklbe 14 aoswet fhat because l haven~ been in the ~ekl to make 14 U'ying to wotk townrds and no~ what we think would be a 15 the inspedions myself, butiftheyuseoutstandard 15 beRet idea beouse we wo~ld like to aee more done om 16 plaa, thentheyhavemfollowtherequirmentsofthe 16 there. 17 standardplanfotlheconstrdcfionofthewalL 17 SoMr. C, eotgloulmsalwayshndthe 18 Withreq~ectmlhisumpledownhere, lhal 18 oppommity-youknow, be makes note in his one lettet 19 paper is in the wmng location. They put a grout step 19 here, his one attachn~nt, ifhev, eze to provide 20 and that paper was iraended to be a grout stop. 'l'ne~ 20 information -- he always had the oppoltuni~ to provide 21 walls mnot de~igned tobe solid-grouted, so when you 21 any stractm'al report from an engineef to substantiate 22 st~t put~ing g~out in the cells that contain meel, 22 hislx~i~on. lt would have been tevlewed the same way. 23 wheti~til~lheve~Icala~eelortbebofizontaJsteel, 23 lthhilr~in~el'vebeenhete, peepleknowthatlf 24 yoo doi~t want to fill up all the cells in the block 24 some,h;n~ is not done ,,~.~;tly, whethcr iPs by the 2~ wall becai~ the foundation is nor designed to hold that 2~ developer Or the homeowner or whomever, it ~ going to b~ Pag~ 29 Page I kindofweight 1 redone, andalltheav-,qaMetnfosmalionlhavcshow~ 2 'Fnat paper i~ you know -- at least based on 2 thathiswal]meets,,,h,h,,umlmildingctxlemandatds. 3 thephotosllatl~t. Geofgioulumptesellledlnhisl~*pofl 3 MILALEXAI~)ER: Even tbough the argument my b~ 4 and by that bloct, if, infact, thehotizontalsteeJ, 4 abomthep~smitteeofno~waslaeno4i~edinwtiting 5 and i have to believe it is in Mrs. lvlmincz~ wall if 5 ofth=- 7 ineon~fiyaadttmtwallwascorrected. Ithinkw'ant's 7 a letter ~hat l s~nt to him in this attachmem to my 8 impomnnono~hereistbattlmtconditionwasn~ 8 tcpononNovemb~r10~hof1998~hmlhad____'e':~"2tedth~ 9 seeaonMr. Geofgiou'swatl, and you know, l'mn0t 9 n~poftandconc~,d*dthath~walim~,,,i-i,,,qmbuilding 10 debating whethe~ Mrs. Matinez~s wall was built 10 eodes~ndaak 11 c~tectly. Ifi, inlr it was built incorrectly and there 11 MR. GEORG]OU: Maylsmysom~hln_~? 12 were omtec~ve measures taktm em that walL 12 in November he accepled the Rt~t by Citalion. 13 I*hlnkwbenyoureadtbefuHcoffectioo 13 SineeF,~lSth--sow~wea~onawildgoe=echase 14 mXiccoflileinspectonwhowereout0~teonNovembet 14 for how many m~lhs, and fa~he~o~,, he did not se~ve 15 6th, tbe first sm~neat in lheb report was tlmt it 15 m as the code pmvides. He ,~,. h/ made a vague 16 appeared to mee~mi,,imum clty standards, and then they 16 ~fetenoe thanhe mln~_lhat-wdl, it~bettet to 17 go on to say 01at if you put pilastets in it will 17 ~adhisownwotds. This is t~ lasl ex~'bit of the 18 stiffeathewafi. lfyout-ddlVIt. S~amp~ report he 18 mafft~on, Novembetl0th. 19 also states if tbe~ was mme vefiic=d steel in tl~waH 19 *Deat Mt. Geo~iou, in,.of,,,,~e toyoutleller 20 tbe vertical meel is what stiffens the w~. Soyou 20 dated November 3nl, 1998, as the lrd~ding of~cial of 21 could put mote steel in tbete, and you could put more 21 theCity, l'msafisf~edlhatthemmemTwallin 22 grout in~he~,and you also could build abigg~t 22 qu~stion met the applieable mandamds at the time of 23 foundation because you're adding mote weight, and you¶ 23 m* 24 get a wall timt has less fie~j'b'dity. 24 Now, "applicab~ sanda~s," does it mean 25 My point in tbis procem and in teview ofihe 25 deslguedmandardsorconsmglitm.~,,,h,,~? Wedon't Esquirc Deposition Services 714.834.1571 Transcript of Proceedings 02/'23/20(X} 9 (Pages 33 to 36) 1 ' know that, and well prove we don't Imow thaL 1 MR. CURLEY: Absolutely, Mayor. The olher 2 Comlnuing,'Youwillrecaliffiatinffielener~om 2 walis a~ not an issue. Thet~n~evidenc~beforeyou 3 Mr. Gomcz, Di~'ctot of Commu.njty Developmex)t, daled 3 except anecdotal evideace. So stay on tazget and go 4 APti130th, 1998, itaJsocon~tmedthanhewallin 4 back to your basic Brown Ac,. 'l~malterbefo~yoisis S question met the applicable standards at the time of S identified on the agenda and stay wiffiin those 6 constng~n." We wnnt to dispute the statement Tliis 6 parameters. 7 is not coxtect T'ne statement that the let~e~ by 7 Whjle l'm spesklup.. l want to make suns that 8 Mr. Gomez - 8 the council recollecu - I was told by City Attorney 9 MR. ALEXANDER: Why is it not correct? 9 Markman ~at he has advised you that Sealion 15.08.020, 10 MR. GEORGIOU: Becaus~ I can quote from it that 10 that hu been rescinded and superseded when you adopted 11 he disclaims any - in his letter _ in ffiis lette~ of 11 the latem uniform codes probshly, ldon~know, six 12 blt. Gomez, Attaclunent l4 in our report, ffiesecond 12 months ago. ! just want ffie council to keep at the 13 paragraph, lastselltence. In~latco~esixmdenc~ 13 fon~fiont this ldntd js no longet in place in the 14 Mt. Gomez provided simply some documents and this is a 14 city. lS keycomment. 1S IVlR. BIANE: Ithlnk;tofollowuponffiat, 16 *These sheets are being provided for 16 since I think l~'e suggested that we have this be,ulng 17 jRformallon O33Jy as ~ey aye not intended to reptP,,scnt 17 to accommodate/vii. Geofg,ion, li wml my hopes t~at we, as 18 hewyourwallwasbuilt' 18 thisboard, would give him tbe ~ty m be beard 19 When we ask fot an in.spectjon, we wouJd like to 19 infrontofusandmake- 20 Imowwhethuffiewallwouldfall. We asked whether ffic 20 And w'nat concems me is that ffiem's this 21 wall was cotn:ctdy liuilt, *built," shis is fig key word, 21 reference of when you were aoticed aad whether there w~s 22 but jfyou ask/dr. Makshanoffwhat he meant by that, he 22 amistake.made thete oraoL Myself, l'm here to affonl 23 maY tell )!oU l"l meant design." Perhaps, fl~sLsagaina 23 you evexT oppormnity to be heard, and we will stlck to 24 conjecto~oumypatt, but you may ask hlm too. 24 the evidenc~, whethe~ tbe wad is lmilt correctly or not 25 MR. MAKSHANOFF: I think we prohebly ought to 25 as ptesented~ but l think going into bow yon we/t Page 33 Page 35 1 ~.ad ffie fust paragraph. h states "that acopy ofthe 1 noticed and the duonolg~ of how tlzse notic~s and 2 bufidingpen~itfonhewallwasinduded, a~dffie 2 lette~wembacka~dfonh, reaUyisu'timportant, in 3 penajtindicale~ffialfi~tixzspect, io~wasmadeou 3 myo!Dizfiou. lt~wbetherthew~Llwasbuilt,,,,,,~clb/ 4 December14tli, 1994. Tbepermjtabostat~tmcl~ 4 to code or not, and we dmuld stlck to those itoms. 5 si~ecial condliio~s that the wall was constngt~based 5 MR. CURATALO: Let me add, this exlu'bit here 6 ou the appauved plans fot Ttact13945 and not per ffie 6 nndanythln~mlltedtoliwolddbeirte]evanttothis 7 standard plan u~l typically by homeownen and masonry 7 beazing. 8 Conbactols fo~ gafdea walls not exceeding 6 feet in 8 ]vfR, ~: ~ teMjfied, too, it js i piece 9 beight." 9 ofawallfromanoffie~popefq, and ] guess l'll leave 10 ~nepoimbeingJheydidn~builditperour 10 itMthaL Whatev~tsugestioasofslmil~ 11 standard plan. Theybui]titpeztheitslmdardplan, 11 ~yougleanL~mitispurespeculafion, and 12 which we a~puved. 12 itreallyim'tpartoftheheatingofthewsllfot 13 MR. GEORGIOU: Again, lhat paragraph is slmply 13 whMevet the sn~,r addrem ls. 14 about pe~nits and design. It does not ackbess ffie 14 MR. ALEXANDER: AlhiSJat. Okay. 1~ actodconslm~ooofthewalJ. hdoe~notaddress 15 MR. GEORGIOU: Ttsedwonolog3,/sverylmponant 16 the facl that that wall could conlain papez, ju~asthe 16 tous, and furthennot~, the law mske-~ it a point thal we 17 walloflvls. MartlneT. 17 should be lnformed in vaifing and in a alc~e~Sfic way. If 18 MR. AIJ;XANDER: In many ways Mr. Mardnez~ 18 the co~nci] does~ want to placs any weight with the 19 wall m' Mr& Mattinez~ wa~, weft, it's both, their 19 law ~ ordinance than thafs your fight; however, 2G wafi, was repaired. They~notwsldn_offiecomplaint 20 chronolog3, isvetylmpottamtottsa~ditwasimponant 21 right now. lfthey we~here maklnE acomplalnt, that 21 enough for those wbo drafled the law and those who 22 would be diffetent, but as oflhis point, sofat, no 22 oniefed for the law. 23 complaint has beea t~ceived. 23 MIL ~ER: Thank you, Mr. Georgiou. Is 24 Mt. Cudey, lsitbetlertostlcktoffiewall 24 anytx~dy going to be heanJ ou this particular matter? 25 that~ in queSion he~s? 25 MR. MAKSHANOFF: Clmion Homes is. hSe34 hSs36 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/'23~2~' 10 (PaSe~ 37 to 1 MILGEORGIOU: lwouldKketothnnky~uf~r 1 poinL Tnesehom~-!mi=vhtnotbecotm~on~he 2 affording me the oppormnity to hear my appeal. 2 close of e~w, butlbelieveMr. Georgioudmedhi~ 3 MP~ALEXANDE~ Okay. Thank you. C~ation, l 3 home in1994 and ~ at~ in the ~at 2000. Wehaven~ 4 8uess we't~ going to need lo gel you up here by ~he 4 seen a problem, don't know of a ptoblm. Thewall 5 recorder. 5 doe~doany~in~_butsitfl~e~. If ~his wall is 6 MR. ISOLDA: Gfeetln~m~. ~Vlr. Mayor, aBd me~lbey~ 6 ~ [o hllve ~o~}e move~e~ it*~ ~o~ ~ for a 7 ofthecitycouncil, my name is Al lsolda. Prothe 7 masonry wall to hnve some move~ent. That~skindoflhe 8 Citation Homes vice pte~ident of conslructiou. l've 8 basls of ltle~lcls. 9 been involved in this issue from lhe gel-go, lfyou 9 I,hlnkit~salsoimponznttoundet~nnd, vety 10 will. Pm ~11 in favor of isola~ng lhe issue lownrtLs 10 basic, that Ihe horizontal member ~hal was in question, 11 Mr. Georglou'swall. However, l~lliketoMlea~mnke 11 hasnoenln~todowilhlhestnbility, of 0fiswall 12 ali~lerefetencelo~heMartlnezwallbecausethnl~ 12 movingbnc~a~ndforllL !t'sinfllevel~i~ls~el, and 13 whalbto~ghtusac~o~hest~et. 13 ithasbeendek*lminedlhatthevenicalst~elw~,in 14 To our knowledge thete was no evidence of any 14 facl, percode atlhelime fm'rve~suvedplans. That's 15 defeainherwnll. She was having some work done by a 1~ whn~wasinfllel~. 16 local mason conUact0~, noticed movemere in the wall, 16 I told Mr. Msk~hsnof[ Ihat we wo~ld hi~ a 17 con~ctedus, wewemom, welookedalit. The 17 sln~urale~_vi~ertoinvesl~lhewnlL I 18 movemen~didnolexc~te u~alall. When we wen~ into an 18 contnct~d Mt. StnmpfL He~ done ~tne work for us in 19 InVeStlg~wefoul~lhelYllpef, whi~l IVlf. M~lr~l%~nOff 19 Ihe!t~st laskedhim ff he would be in aposifion~o 20 h~indicated stop~the gtout f~om going all~he way io 20 dothis. He snid he would. He wen~out the~,and you 21 the foundation. The paper was in~lled improperly. 21 saw in the report ntl ~he infcrmafitm ~hat was 22 That~nottmcommontohavepnpetvel~usanotherfotmof 22 nece~l~ty, andtha~here~ortwembmitl~L 23 I~lhal~top~thegrouif.~tugoillglnthe~.'~'llw~ 23 ltoldlhebuDdln~depanmenitl~nfiftl~yI Page~ PaS~3~ 1 OaatMLGoergiou--lhewasthexedUfingourp~seaceof I that we had no~ conmP,t~d this wall pnala~ty, v/mwould 2 examlnin~ this wall, thought he might have lhe same 2 do whalever it took to take collec~ve ac~m, period. 4 meet, 4 MR.~IJ~:I.r~ANDF, R: Ifateglz~a~lcivilen~m,~ 5 Wee. xpmed $ feet er so of horizontal bond l~eam 5 mak~a~m~mtanddomwhatyou'teindlcaling- 6 to find omifwc had the ume cc~d~tion. ltwas always 6 ,~n~_hisissu~d ml2t, falsely ind~cati~g thc tmthof 7 o~rintentthtffwehadlhesamecond~t~on, v~would 7 atcport, whathq~ens~othatpenon? 8 ~,lt~ctit, period. That was the end of it. Wewould 8 MILISOLDA: Pmnotqui~esu~,butl*h~nk 9 dothaL We ~ the wall and found that the 9 his~injeoFatdy. 10 cot~dition wu no~s Mr. Mkliua~wall was. ltwas, 10 MIL MAKSHANOFF: lteceive quarterly r~'pom 11 infact, cltay, as far as we could tclL 11 f,~ut~eBoasdofPtofensionall~n~neenandLand 12 Youundetsandlhisw~lis~plnutlma21y75 12 Sm. veyorsandlkytake-dependingonltleviolafion, 13 feet lon~5-foot-6ot so ln height, and we exposed5 13 they take action anywhexe~um suspension to revocafion, 14 feel lt was whal we weme told to do to tep~sent whe~ 14 andlgetthosetepormmaquartmtybasis. 1;$ we stoodwith this patticulat walL Ba.sedon that 15 MIL,AS~XANDER: Woulda't that be very sefious, 16 parlj4mlatinve~agalion, linformed Mr. Mak~hsmoffand 16 Iwould~Inlr? 17 tbebuildinginspectonthatffthetcwasanythln_othat 17 MR. ISOLDA: Absolu~ly. 18 they found in that wall ~hat needed to be w,t-__~__-d_, or 18 MIL MAK3HANOFF: Yes, absoluW. ly. 19 ifthat wall needed to be~orn down a~d reinstalled, 19 MR. ISOLDA: ltwu the n~son-a~d l'm not 20 that we would do that, butonlyffthe~wasaptoblem. 20 an expert im this field, l've been in construction fot 21 We lmilt that wall with approved plans, 21 qui2 a while -- but it was lhe rcason l asked Mr. Bill 22 approved specs at the time with the intent of giving 22 Stampfi, *Would you be inm~2d in doing this?" 23 them n sound walL l~hinlrit'stcatlyimportantto 23 Because there was going ~o be a lot of questions becat~se 24 tmderstandthatflP.,tewa~noevidenceofanywail 24 we were not going to P. xlx~ethjsentizewaH, !menn, ~ 25 failure, petiod, and l d0~'t know that thete was at this 25 if we had done ttat, we might as we!l jttst tear it down. Esquire Deposition Scrviccs 714,834.1571 Transcript of Proceedings 02J2.3/2000 11 (Pages 41 to 44) Transcript of Proceedings 02/23/.2G~lI~ 12 (Pages 45 to 48) 1 oul the~, a m~ber of us have been out thue lo look at I meets - the long wall meets ndnlm~ml Unjform Building 2 the walL The concJusion was that ~he wall meets 2 Codetequiremen~ Withn~e:t~o~hesho~wall, 3 minlmumbuildingcodestalldards. 3 whicbissome~,;nS~hatwelookedatinSept=mb~of 4 MR~CUKATALO: Inrefere~cetoti~shoztwaH, 4 ]9~8, almos~ayearaftettheofi~n~linvest~gN~o~, 5 10-footwall, in view lhat lhere ls no evidence that 5 it'sasboxlwallthat'sacljacenttohisgangewi~ha 6 lhat waH was not builtproperly, you bsve to assume 6 gate attached. 7 rightnow, asilgands, wlthMr. Georgiou'sfailutelo 7 !t appem~ when we made that inspec~on when l 8 give you inspection xigh~s, that it's built co~UJy? 8 was there thM the ~ Ihat should have ve~llcai steel 9 MI~ MAKSHANOFF: ! guess you'd have m say 9 in them, b~led on sotrod I~ting, wen: not groutecL They 10 that. yea~ I mean, my own impression of that wall is 10 sounded hollow, but the only way you can verify that 11 that based on whM we did that day the sound tu~g is 11 wouldbetor~movesomeofthetopcounetodetermine 12 that it appeanl as though the reinfotclng geel, where 12 whether or not tht~e cells have been ptoFedy g~outed. 13 it should be, isnotg~outedpro~erly, but you can only 13 That has neve~ been done. 14 verify fi~N by temoving some blocis and to do that or ~o 14 Citationindicated-theywetepr--,zente~at 15 getametait~tecto~-weH, ametaldetec~orwould 15 day - they indicated a willin~-..sa lo do lhnt and to 16 only determine the locatlon. You have to acmaliy 16 ~'pairthewnllffnecessa~,l~M~.Georgio~didnot 17 expo~ the wali to see whether it's been grouted 17 gjvethatpermi~inn. The~ was only to do that shett 18 properly. 18 wall because the long wnll had already been addte, ssulin 19 MR. CURATALO: Sointheabsenc~offunher 19 t~sen=~ee~tepOxt 20 invudlgalic~ - 20 MS. Wn .I JAMS: And there was no hollow sounds 21 MR. MAKSHANOFF: l can't go any further. 21 found in the long wall? 22 MR. CURATALO: You can't go any furthet You 22 MR. MAKSHANOFF: Ac~ding to our inspec~on 23 havetoassmneit~beenbtdhcon~ctly? 23 and based'on /he engineering report, that waH is built 24 · MR. MAKSHANOFF: Without his permission, I 24 Im~petly~'. AH the cells ~hat ve tecl~ited to be grouted Page4S Page4, I MI~ GBORGIOU: He has my pe~mlu~on. He has 1 MR. GEORGIOU: I can*t believe what I'm 2 a/ways had P,. ilnvitedhimtoperfotmtbetegonthe 2 hearing. Nowltmbeazinghlsestalementsandlneedto 3 otbe~wall~e~med~ybedid~et~ttbe~. h;* 3 4 fabemsayfhaL 4 MR. ALEXANDER: Okay. After we Set lhe 5 MR. AS~Y~dkNDIgt: Did you memorln,--~ that, get 5 gentlemenr.,.,mC~Mion,~'Hg~ttoyou, okay. 6 some0dnginwrifing? 6 MR. ISOLDA: lt would be nice to have a din_~nnn 7 MB..GEORGIOU: WhMp~toftht, sir? 7 showingtherela~ion~ip~ofthewa!ls. rmafraidthN 8 Iv!R. ALEXANDER: I understood thin w~ a r,,~,lem 8 that~s whM's ~lrln_o place, to be able to idemif~ the 9 myself. 9 locatioooftbesewalls. It~skindoftuis~ue. ! 10 MR. GEORGIOU: This is tinally false. l0 ~ink irn teal imp~laut to undusmnd that the wall 11 ~htdyfais~. We invi~him any time to come then~. 1] heightsar~apl~oxhnat~ly~-foo~,5-foot-6. Theshort 12 Weinvt~hhnminspec~theotherwalL 12 wall that we a~ t~u~ing to, themoveme~tpotfion, b 13 MI. ALEXANDER: What o~er wall? 13 apptoximately2f~etlongwitbthegateandanotbet 14 MR. GEORGIOU: The o~her pan of lhe wall. 14 seclionof2f~etofwall, andit~impomntlokindof 16 wall? 16 MS?~VIIJJ,~IS: Now, lunderstand. ~7 MR. GEORGIOU: The shon wall. 17 MR. MAKSHANOFF: The shon waH in question is 18 ~.~IJJ~&MS: ThelcmgwuHbwhstw~mz 18 back here. 19 huc~r. ,6,fewet~reforbothwaU~? Andifeaf~ 19 MS. Wil,t,LO(S: CY~sy. Wehaveapboto~aph 20 tben0at~no~wlmwehavebecnseeing. 20 here. So it ljte~lly is a sb~t wall, it~nota 22 MR. MAKSHANOFF: The long wall in rderence to 21 ponion ofthe wall. !fs acNally an independent waU. 23 MS. WIlJJ~0dS: Okay. 23 ownlocation, [t'sapoftiolt 24 MR. MAKSHANOFF: And on the basis of this 24 MS. WIIJ.IAMS: And the olher slde is how long? 25 tepot~ Itm stating that it~ my opinion that the wall 25 MR. ISOLDA: No, ifsjustacoupleoffeet. Esquire Deposition Services 714,834.1571 /-./~, T~anscript of Proceedings 02/23/2000 13 (Pages 49 to 52) I MR. MAKSHANOFF: Let me see if l can see that. 1 Be. fo~ we close, Mr. Ge~gi~u, do you waat to 2 At this comer right here, ~e block wall returns back 2 add anything else? That you, in yo~ Icier, did net 3 along parallel to the dtiveway, and then baci in hen 3 indicatethatyouwe~eno~goingalongwiffiffie_n,~:~ss__ 4 thnt~ashorlwaH. There~agate, and then there~s 4 tothe-ortatyouhadokayedneensmffien~orl S the shorl wall in question murns badt to ffie garage. S wall, not do l recal] seeing anything in lhe copious 6 MS. WItJ. L4~S: Ab<mt, approximately how long is 6 mount of papenvork that you provided that there 7 the dmrt wall in question? 7 youknow, the dnlr~ cm your pat~ and your tefusal to 8 MR. MAKSHANOFF: Maybe 3 feel 8 nllow us to go in 9 MS. WII 1 ]AMS: So it's a 2-fc~ot wall. Themes 9 MR. GEORGIOU: This is false, sir. This j.s 10 agate? 10 false. 11 MR. MAKSHANOFF: And ~en ~en~ anodmr 11 MR. CURLEY: Mr. Mayor, ff I might, ihe subject 12 3-foetmasontysec:ion. 12 matterofffieappea]wasffiereportandthedeciskmon 13 MR. ISOLDA: The penlon that was in qumion 13 the long wall. 14 atthetimewnsthatshonponionof3feet. 14 MR. AI~-XANDER: lundermndfnnt, bullknow 15 MS. WII/IJ~IS: 5o/hat~ac~allythl~e 15 wher~heiscomln_~fro~. !'djustlikeloknowffthen 16 individualwalls? 16 was a refusal or not n tefusal. 17 MR. ISOLDA: y~, and to come bac& full circk, 17 MR. GEORG1OU: Sir, categorically we slated 18 it was lhe long wall that was in quenion. 18 here we never refused nny inspec6on by lhe bui]ding 19 M&WII/14MS: l'm sony to be confused. 19 o~kial or any ag~nl of the cily. Fo~thelongwnll, 20 MR. ALEXANDER: Mr. Georgiou, would you lite to 20 wea~ebeo~in~hlmtoenfotceffie~on. 21 comebacL 21 MILALEXANDER: ljustwantP, dtoaskaboutltle 22 MR. GEORGIOU: It Ls false to say that we 22 ~hort wall. . 23 denied penni~ion.~ the building official Io remove 23 MR. MAF~SHANOFF: Wilh reject m file slmrt 25 always welc~me t~ do that. He~welcometodoltnowff 25 MR. CURLEY: Wenyoufinlshedcmthnt? Pa~49 I hewishe~to. Wewo~ldUketo~if~anetion 1 MR. GEORGIOU: Ye~,lgiswdcome,'evennow, to 2 nofic~wetem.d~tofe~ove~orethin~n, to~whil 2 comeand~eardown0mmnnllwal]lo~eewhal~oingmn 3 else is going to be exp~d. B~t what vn didn~n~e 3 ~ 5 ignoring the lo~g wdL Thts is the only pan we didn,t 5 to my question. 6 agt~eto, butwenevetlnded~-~_to, forinspec~m 6 MR. MAKSHANOFF: W'nhre~ecttotheshon 7 pnqx~.~, for out walk 7 wail, as my let~' ,,-~-~ and what he was told out in 8 MR. AI/XANDER: Dees anybody else w~m to 8 lhe field thai day, it ~ as thouBh that ~ wall 9 tmif~otBivcanytn~otna~oe? Thelndie~whobave 9 w~snotbul]tc~n~:tly. CatalionHom~w~spn~e31tand 10 comehen, wouddyo~liketo? I0 tlk-Tindic~daw"n-_~-'~.Bffia~point, to 11 UN~DE~rl]j-1~JJSpEAKER: Welmvejnstcomebem 11 t~xmstrnNthatslK~wdL The~e~a no need to do ony 12 jumtoo~e~ve. 12 mo~de~mxgl~vennovaLTney'rewillln_~to-tl~y%.e 13 MR. ALEXANDER: Ju~toob~erve? lsffiest 13 dteadycometothecondusionthanthet~sap~blem. 14 anythln~ ffiat you can add? 14 T~ey'Uredolt. Tney w~z not given the per~!~don to 15 UN]DEbhlI.I~,.USPEAKER: No, no~atthktime. 15 redothatslm~wolL With n~aex~ - and my 16 MR. ALEXANDER: Izther~anyoneebethatwonld 16 under~isbec, useMr. C~ did nol want to 17 like to ptovide any more informafion? Mt. Cudey, wtmld 17 addte~theshofiwnll. Hesfillwucontendingthnl 18 the infotmatitm we have, and no one elm wanting to ge: 18 thekmgwaliwasBolbuiltptq~.dy, anditvasmy 19 updoitnow? 19 dec~on that it was. 20 MR. CURLEy: It~ldbeappmpriat~,ffit~ 20 MR.~tEf. ANDE~ Okay. l understand that pan 21 youtpleasure, tock~ethehea~ing, deh'beralensyou 21 ofit, andmnybel'mwnmg. b~tffthntsl~o~wnH- 22 wiil, otcontlnueitforyomdeh'beration. 22 and here~ the tea~ l was asking, ffffie~rtwall 23 MILALEXANDER: Okay. Nooneelse wis~to 23 hnd b~en~hnn~utanymomitmi_~h~haveevenptovldeda ' 24 get up at this fime? Dees anyone wlnt lo talk to any of 24 littlemetedegs~eofstabilitytotheotherw~l. 25 thestaffthat~she:e? No? Okay. Thank you. 25 MILMAKSHANOFF: No. lt'sisolated. P, ge.50 i~e52 Esquire Deposition Services 714.834.1571 Transcript of Ptoceeding~ 02/23/2~ 14 (Pages 53 Io 56) I MR. DUTTON: So my understanding i~ I evetythingdon~. Thelnoblemisthalthelongsection 2 Ms. Georgiou, that they've already agreed to do lhe 2 of the wall wus judged lo be smnd enmagh to meet the 3 shortwall, but you don't want them m do anythint, wjth 3 mi-~-..~tmbuildingatlnda/tL 4 tbe short wall unless they do the long wall mo. 4 Now, had we adopted the standant, andm:tually 5 MR. GEORGIOU: That'scottcct, but invit~d the 5 ours~andanlgoesalhOefurther, fflheUBCdoonol 6 building offa~al at the ~me to do the desl~c~ive 6 tequi~spennitfotwIdlsundet6feelandweat~ 8 MR. DUTFON: But they~/e already agreed they*d 8 exceedingUBC, a~weno~? 9 rebuild that. 9 MR. MAKSHANOI~F: That's cxm~:L 10 MR. GEORGIOU: Yes. 10 MR. ALEXANDER: So we do go beyond the UBC even 11 ldR. DUTTON: Thefe w~'t any reason to inspect 11 with our own sUndanl~ laanoibetc~y-wouldilbe 12 it - l just wam to make sure. There. asonyoudldn't 12 conecl to say that some cities do not tecluire petmits? 13 want them to fix the short wall is becauae you wan2d 13 MR. MAKSHANOFF: Some c~ies do no4 require 14 themlodoeve/3rthin~ottlcsthinc, 14 pefmila. 15 MP,. GEORGIOU: Yes, but the building official 15 MR. ALEXANDER: Ohy. I'm only ~Hing you the 16 should be curious to see how lmUciers lmilcl in the city, 16 waylseetbi~ Ibelievetbatifthenswmsalaciin 17 and this is a legjfima2 issue here. The~ewasa 17 ~.sponding to you thal we should have pmbably done so. 18 problem. He should come out and perform a destructive 18 Asyooindicatzd, inthiscodesecfion-ev~nthoogb 19 test to see whafs going ca. Insked him that day'Why 19 Mr. Mark~-,,indica2s thal lhat code section is om now, 20 don't You Perf~m the same l~t for the long wal]?~ He 20 l would also ag~e with you, Dhh,~weshoaldhave 21 didn't want to mudl it. 21 te~pozdeddi~toyou. Ido0hlnlryoulug~vwbalw~s 22 MR. DUTFON: Well, that~ becau~ they've 22 going on, but i 0hlnlr the writing slmuld have been to 24 IvlR. GEORGIOU: The longet wall, he didn't want ~ 24 inthecily, 10hhdryouhadafeelingofwhalwasgoing PaSe~ PaSe; 1 MR.~AI~XANDER: Okay.. Thank you. AlltighL 1 MILGEORGIOU: No. 2 If thae~s nobody else that wishes to tesfify now then 2 MR. ALEXANDER: No? Okay. Tnenno~else 3 the public meeting is ctose(L Thankyou. 3 cameupanclnopeopleotneighbotswamed--l'm 5 .MR--AI~'~s, NDEP.: l also believe tbere's probably 5 enunciafionofwhntycu~esaying. Soffnci~lywili 7 wa~notwhatwsaa~pealed. You appealed the long 7 we~here, and l kincl of wish they would have, butthey 8 secticeoffiaewalL 8 didn't. 9 Okay. We me going to go through this now. 9 Idonttpa~cularlyfhlnrrthattheteisaway 10 Tbe key issue for this, s~dly, tome, lsthefac~thnt 10 ofsusalnh,~yourapl2albecauseyousimplylmvenoq 11 we have had a ~od engine~, civil m,~n,,er go out 11 ~lMyom tlmt the wall in questic~ was not built to the 12 the~,andlhert:po~ac~,lthank. wnsfollowed 12 mlnl-mmstan~-~-~ofthelmildingcode, 13 up wilh li2review in some fonn or fashion by a 13 MR. GEORG1OU: We dldn't appeal that. 14 tegistaedcivaandsmactunlengineez, andthere 14 MP..ALEXANDE~ I don't know that the~e is 15 seem to be the indication that although the wall may 15 anythh~_.o else appealable. 16 move, that movemeat does no~ indicate an improper 16 MR. GEORG1OU: But - 17 installation. 17 MR. CURLEY: Sit, the audieace part is over. 18 Tome, it is a very serious thing to go oul 18 This ls for the counc~l. MyunderstandingoftbeCode 19 Ihere and ti~en s~off. With asignatu~,with your 19 is -again tiais is throughjum conf-~ance with 20 registration number, you're putting your life, you know, 20 Mr. Madcream. I haven't Fm this in writing and I 21 income on The lineby doing such athln~ Sol don't 21 certainly wam to double-checi it. My undm~aning is 22 think that a petson would wat to do thaL There seems 99 that the appeal pmcess has lapsed and the section . 24 to n~i~ in providing any addillonal repairs to tlle 24 physicallyisthetemillinscateoftbeolderbooks, 2~ shortsectitm timt youhad there, and you simply wanted 2~ bmit is offthe bcoks, and this was sott ofan ad hoc Esquire Deposition Services 714.834.1571 Transcript of Proceedln~o~ 02d23/2000 15 (Pages 57 to 60) 1 oppormnlty provided to give a fonm~ to the ~ but I engineer, although paid for by Citation that ~d verify 2 glve~lthe~mnlngofthetime, ff you will, ~he~e is no 2 thatevelTthingwasokny. Weaisohnvethebuildln~ 3 fotmalaPPealpw<z~thalI~mawareofthateouldbe 3 of~cial who then forwarded on to nnothet en=~k~ez to 4 mandatorially - 4 validat~ the fi~din~ of the stn~ural engineer ~ 5 MR..~ ~XANDER: i ~hink they gnnted the 5 by Citation. 6 appe~l, did they not, Jaa? 6 rveseenno"'~eto~oun~that Sohnkly, 7 MILLAM: The coumcil ~id they would hear the 7 lhnvetopulnlotweightontothes~uauralnpott 8 c~easacom~:sytoMr. Georgioujusltogetthe 8 and the vefi~ca~on that we do have. Citationis 9 issues on the table, andal~oMr. Georglouwouldaiso 9 wilting ~o make the tepairs fot the damnge that was done 10 have the opportonity to go to the building appeals board 10 to the wall for the inspecllon& 'I-aey~t~ also willlng 11 t~o, and that w~s something he did not want to do. 11 totakecme. oftheo~etwall, too, and so hnkly, i 12 I believe Mr. Geotgiou ~ntended thai had Ihe 12 don't see any t~son why I should overttun ~- I should 13 building appeals board been constituted under the old 13 vote in hvor of overturning Mr. Makr. hn'~offS decisio~ 14 codeitwouldbe~vemembersinsteadoftht~ememben. 14 withngntttstothisisst~,andthat~whetemylx~sition 15 Cm~n~y, i1~ tinze members. hit. Geotglou had the 15 is and the te~son why. 16 opPortonily for the council to hear the appe~ and mske 16 MR. ALEXANDER: Jim? 17 ajudgmentonthst 17 MR. CURATALO: What they pfesented to me, is 18 MS. WI~S: I have a question, Mr. CurIcy. 18 that it seems the minimB~B 8taBdaf~ have ~ 19 What are the options, what can we come w, because if we 19 maintained, ~o l have no other wsy to go but to deny the 20 n~enottobeac~inginjudgmentofwhetherotnotwe 20 appeal. 21 agEe and uphold the tepon f~x~m the engineer that the 21 MR. BIANFz Well, again,aslslatod, lthlnlr~ 22 wail meets stsndards, that's not what~ being appealed. 22 before, and l~,,e heard hexe again, lsthatl'mnota 23 What are our cptions for us to gnnt? C. snwegrsm ~ ~.3 slnsctoral engjneer and i could only W/ to base my . 24 another letlet? · 24 derision on what i think iS fight based on the evidence 25 MR. CURLEY: Well, probably the besl way~o. :.25 thatl've heartL Page 57 Page 59 1 characterize whepe yot~ conclus~oo would ha, would be to 1 In telatic-,,~hi,,, to the long wall, the evidence 2 cagitanadvisotyopini~. WIjetethefe~seoprotocol 2 presentnl by Ctmtion Homes and documenmion by the 3 thete's no code to look at and say for this set~ng you 3 staff,,~fi, I've nca seen anythi.:, dm would indicate 4 aredolngaPa~dcularFocedu~. You've extsmded the 4 tomethatthe~s,asanyviolslimofthebuildingeode 5 opportonity to hest the maltor and come to some S orthstthe~e'saaunsafeo0~dltion~ lwouldgo 6 con~us~on. ]f your conc]usion, whateveritmsybe~ff 6 on to ssy that, a_~sln;IhisiSgolngalillhofftff 7 yore' conclusion is that some~hinS else needs to be done 7 whst i thlnlr the ~ iS a~ hsl I slB] w~nld fee] 8 and you set it forth in that matt~n. and it iS not done, 8 stronglythatiftheoffetwasmadea~onepoimintime 9 it iS not ciear that there would be any ciear 9 fot(~tationtotq~rthennallpofionofthewall, l 10 enforcementtothismion..hssthypothetically, you 10 wouldliketlmind,,d-dinourdeci~ontmight, and 11 say~oCi~tlion,'Weditectyoulodosome~hine_"and II that we recommend timt be tepajared sdll, atthlspoim 12 theyeleano~lo, thereiSno~hln_oot~ofilc~could 12 intime. 13 tell you that says now you have a bindieg and 13 MS. WIIJl,s, MS: Ithh~kthsliSwhatlwould 14 enfo~oeablerighttosay,'Undetthefofeeofot~rcodea, 14 recommend too, thsXwssthetecommendatio~weinchsde. 15 you must do some~hln~; and we csn compel you to do it, 15 WhelhetMr. Georglou dlooses to exce~ it is up to him. 16 Soil~saseaseshatit~probablybest 16 bullwo~ldteoommendthst 17 categorized as an advi~ty conclt~sion in light of the 17 MR. CURATALO: Disne, lhaveaquestlonon 18 issues that you heard. 18 thst. Wouidbethalinchdedisthisal~eal? 19 MR. DUTrON: That~s_okay. For the lmwpose 19 MS, WIIII,d~!S: No, nolhthisappeal, hst 20 ofthesecomments, lq. lpre,,'ndthatifsAprillgth, 20 sinc~aHwecandoisaaadvisosysnyway, maybesdd 21 1999. The way l undersmnd this we are looklng at 21 anaddendamsomewhepe, that l feel that il needs to be 22 makinZ a decision legarding the building of:ficial's 22 memorialized somewhere in writing that Citation has .13 declsion that was made tegarding ti~is block wall. So 23 offe~ed to repatr the si~t wall because tlmt has been 24 far, the oniy thln~ l see that we have, wehavea 24 idemifiedashavingbeenaptoblem. 25 structural report that was done by an independent 25 My questi~o came about mine with the walls Pa~ Page60 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 16 (Pages 61 to 1 because, byinfen~z, ffthe short wall is def~ive I MP,.ALEXANDER: That would be good wosding. 2 and that h0s been identified, itsofioflcadstoslmost 2 Alhigtst. Let~doamcfio~(Unin211~ie.) 3 aninferencethMffien, indeed, the long wall must also 3 MR. CURATALO: I move to tbst effect. 4 be defective, but the~ the engineering report, to me. 4 MR. A! -EXANDER: Motion seconded. Is there ~ny 5 n~bsu,utlm~s the fact IbM it has not been identified, ~ objection? 6 it is not ddecfive, and l know tbM is not the a!~ 6 And sinc~ we do bave people here tonight, it~ 7 bmsince ffiat has been used as pa~ofthe inference l 7 Cis the comm~mic~tlons from the public, 'Fnis is the 8 wanttomakesuteud-lwamtomakcsurethat~ 8 tlme and place for the general public to address the 9 separated ~t. My guess would be that Citation would ~ couccil. State law ptdu'bjts fine council from 10 still uphold that offer, but that would be my ~gg~stion 10 adtitessing any jn~ue no~ p~viously included on ~e 11 istoadditlikeanaddendumbutnotpm'toftbe 11 agentis. "Fne councihnay teceive testimony and set the 12 appeal. 12 matter for s s~bsequent meeting. ls there anyone else 13 MI~ ALEXANDER: Okay. One |as~ question to 13 here tonight thai would like to addres~ the ~ on 14 Mr. Curley. On the spe~c wording of the appeal, is 14 anyo~hetltem? 15 thereany~hln~othMyouotanyffiingyo~'reawar~ofthat 1S MP,.GEORGIOU: Canladd~ssnomething? 16 Mt. Markmanwouldny~mlwo~ldno~allowusorshould 16 MR.~t-~IDER: Certain]y, 17 cau~ us to nullify the decision of Mr. Makshanoff in 17 MR. GEORG]OU: We!l, you made your decision, 18 acceptingthMsm~cmralrepo~? Is there anythln~. 18 whatevet it was, bui we would like yout decis/on to 19 else? Imean, itseemslikeffieintemoffindingff 19 clarffy it was -- wheffier yo~ are slt~ng as the bo~d 20 the wall was saf~ or nol safe that the buildlng o~cial 20 ofappealsotasaceo~'='yheadng, asOlea~tomey 21 wasafier, bm it also feels - appean that the actual 21 chatactetlzedit We would like some clatifica~on to 22 wotdingoftheappeal<istonullifythedecisionto 22 inlowwhnlweatlended. 23 acc~pltlmltepori, i~otn~Cl? Col~ct, ye~otno? 23 MP_CURLE~:~Fnetesolutlonwillspecifyyoor Page 61 P~ge 1 MR. CURLEY: Well, it would be all-indusive 1 riSht. ff there~ no objection to the adjoumment we 2 and since that you suppofl ffie building official - 2 ar~adjoutned. 3 MI~AI-~/-~OIDER: Ido. 3 //1 4 MP, CURIE/: Andffthatisyoutindinafion, 4 5 you couJd phrss~ it to su~ the building of~ to 5 6 ac~ptandrelyuponthempottandfurthe~sun,~ils 6 7 conduion that the wall was pmpetly constmctcd. We 7 8 will ctdt the right bn~mla~. The r~olmion will 8 9 follow, bmffyou'Hgjveuthegistofyour 9 10 fit,d~_- 10 11 MP,.ALE, XANDER: Do~ that wording - is thefe 11 12 anyobjeaion~lofi2wording? Nowthen, befote we add 12 13 it, is it ~p,~,,ia2 for fl~e appeals boa~d, lmean, m 14 cnfilntheresolutionanythin~flmt~snolincludedin 14 15 the complaint? 15 16 MR. CURLEY: Well, you'~ not sit~ng as the 16 17 appeals board. lnoursummnfionyourYesitfingaslhe 17 18 Councilex2ndingacourt~syhearlnggiventhMyouc~n 18 19 re~ondinawaythatyoubdiever~fieclstheis~ues 19 20 you've heard. So if you warn to uphold the aet:epiance 20 21 of the nport, uphold ffie buildlng otf~cial~decision, 21 24 ps~viously discussed, fl~r~s no~a-_~ inapptopriats m 24 25 ~ 25 Esquir~ l~posilion S~rvic~s 714.834.1571 Transcdpt of proce. e. dings 02/23r20~ 17 (Page 65') 1 2 3 4 1, flu: undersigned, · C~nified ShoV. haad 5 Repor~eroftlg Sme of Califomia, do he~ay ca~nif~: 6 Tha, ~ fo~goiag p~:~cliags w~t~ ~akea 7 befottmealtbetimeaadplacehgtginsetfofllgthata 8 verbatimrecoKIoft~eproctedin~wasmadebymet~iag 9 machine shorthand which was shesuRer Imlscribed u~det 10 my dimoion; ~arthet, that the foregoing is an acgura2 11 txaascrilaioa thereof. 12 I further ceRify that I am n~ithet financially 13 i~tere,s2d in ,he action nor a relative or employ~ of 14 aayofthelatOe~ 15 IN WITNESS WHEREOF, I have this dm sabsctl~gd 16 my name. 17 18 Dared: 19 20 21 ,IF_jqNIFER D. BARKER 22 CSR No. 12168 23 24 25 Page65 Esquire Deposition Services 714.834.1571 Transcript of Procccdings 02P_3/2000 Page 66 A 27:8 al 3:11 37:7 48:13 49:11 appears 11:13 audience 56:17 ability 9:9 additional 7:22 .~LI~-Y,.ANDER SS:l l S7:24 45:12 S2:8 Augmat 20:1 able 48:8 31:4 43:4 44:4 3:4 4.5,10 S'..3 59'.3 61'.21 authority 9:8 about 11:4 54:~ S:9 9:22 10:4 answer 9'~.0 applicable authorizatioll 18'~5 19:9 address 15:15 10:7 12:4,8,11 17'3 19.20 32.22~A 33'~ 6:13,15 27'~.A 32:4 15:17 34:14 12.25 13:3,8 25.6,14 29:14 appropriate available 32:1 34:14 49:6 34:15 36:13 13:11 15:4,13 41'24 52:4 41:14 50'.20 awar~ 57'3 [ 51.21 60:7,?.5 52:17 63:8,13 17:12,16,20 answers 18:11 62:13 61:15 above 22:16 63:15 17.25 18:15 20'2 approval 8:19 away 20:6 absenct 45:19 addnssed 8:10 18:17 21:2,6 anybody 17'2 8'~4 9:12 absoluldy 35:1 20:12~:18 21:20 22:2,7 25:7,10 36'.24 approved 8'3 40:17,18 47:18 22:10 23:13 43'3 50:8 28:12 34:6,12 B 4:10 41:11,16 addresses 13:23 25:7 29'5 32:3 anymore 52:23 38:2122 baek S'~,15 15:8 46:11 14:3 33:9 34:18 anyone 50:16,24 39:14 43:9 25'2.1 28:14 accept 10:12 addressing 36:14,23 37'3 63:12 approximately 35:4 36:2 15:22 16:1 63:10 40:4,15 41'3,9 anyih|n~ 13:14 14'20 38:12 39:12 44:6 17:10 19:4 adequate 7:14 41:12,19 42:1 24:14 36:6 48:11,13 49:6 48:18 49:2,3.5 20:17 24:1 adequately 8:10 43:11 44:14 38:17 39.5,24 April 19'3,8,15 49:17,21 61 :~ 62:6 a~Uaeent 20:4 46'~,8,13,15 42:25 43:8 20:19 33:4 bor 12:13 acceptance 44.5 47.5 48:4 49:20 50:14 51:2,5 58:20 i BARKER 1'22 62'20 atUonrned 64'~ 50:8,13,16,23 53'3 56:15 ~ aria 27:18 43:6 2:15 65:21 accepted 15:20 adjournment 51:14,2152:4 60'3 61:15,15 argued 16'2 bars 15'2 18'3 20:14 64:1 52.20 54:1,5 61:18 62:14 argument 32'3 base 23'2 26:10 21:17 32:8,12 Admln|~rative 55:10,15 56'2 anyway 60'20 around 43:6 59.23 4i:1' '~' ". 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Transcript of Proceedings 02/23/2000 page'67 19:6 15:11,19 16:3 categorized 48'.5 50:4 52.4) 60:4 conference best 42:6 57:25 16:4 17:2,4 58:17 58:11 59:1,5,8 codes 23:8 56:19 58:16 18'3,6,11 20:7 cause 16:16 60~,9,22 61:9 35:11 58:14 confirmed 8:19 better 31:15 20:16,25 25'.212.5 ciltes55:12,13 eolledlve40'.2 33:4 32:16 34:24 21:11 22:17 61:17 eily 1:12:4 3'3 come 25:10 confused 49:19 between 27:19 23'~,10,11,25 caused 15.90 3'~,5,6 4.~,23 29:10 43'.20 conjecture 28:16,19 24:8,13,21,25 cease 15'32 5:11,25 8:7 46:11 49:17 24.90 33'.24 beyond 8:14 25:25 28:1,9 cells 6:10 7'~.,10 9:7,17 11:15 49:21 50:10 constituted 16:8 55:10 28:12 31:10 14:4 15:9 11.93~5 50:11 52~,13 57:13 BIANE 3:6 32:2,9,20 34:2 29.92,24 16:18 17'3 53:18 56:6 constructed 15:14 29:7 38:17 39'~ 44:13 47:8,12 18.9 19:9 20:1 57:19 58'.5 4'25 5:18,19 35:15 59:21 45:3 47:1 47:24 24:8 28'3 coming 51:15 34'.5 40:1 43:8 bigger 30:22 49'~3 51:18 cement 16:14 30:16 31:7 comment 5:23 44'~4 62:7 bill 3:11 18:17 53:6,15 55:3 29:4 32.91 35'~,14 33:15 constnsetion 29:7 40'.21 56:12 57:10 Center 2:11 37:7 41.92 comments 10'.2 8:14 12'.24 binding 43:9 57:13 58'.22 certain 41:17 .42:25 435 43:12 58.90 14:12,17 58:13 59'9 60:4 certainly 56:21 51:19 53:16 communicalio_ 29:17 32:23 block6:l,22 61'.20 62:2,5 63:16 55:11,24 63:7 32.95 33:6 11:16 12:12 62:21 Certified 2:16 63';.4 community 34:15 37:8 12:12 16:10 built 6:2 11:17 65:4 Civic 2:11 18:12 33'3 22'_q 27'~,8,21 11.90 16:3 certify 65'.5,12 civil 6:20 9'~ compel 58:15 con,net 15:11 29'~ 30:4 17:1 19:20 certifying 16.94 17:7,23 27:6,6 comphfinln~ contacted 37:17 49'9 58:23 21:25 24:17 challenged 31'3 40:4 24:25 39:18 blocks 7:98:21 27:12 30:6,10 10:23 11:12 41:13 44:14 complaint 5:16 contain 29'32 14:6,18 15:2 30:11 33:18 chanee21:18 44'91 54~I1 5:17,20 34.90 34:16 ' ! -~ !.' 45:14 49:24 33:21,21 changed 52'.23 54:14 ,,' '.. 34'91,23 conlslnlnoo 6:10 boani 22:18,21 34:11 35:24 . characterize clarification 62:15 7'3,9 25'3.2,25 26:1 36'3 38'91 58:1 '63.9I ' complete 14:16 contended 35:18 40:11 41:14;0 42'~ characterized Clarify 63:19 complt,(ed 57:12 57:10,13 42:10 43:8 63:21 clarifying 22:12 14:12 4~3:4 contending 62:13,17 44:1,12 45:6,8 chase 19:13 clear 17:16 complied 7'20 52:17 63:19,24 45'.23 47'.23 32:13 19:17 58.9,9 comph 8:12 continue 25'.22 BOB 3:7 52:9,18 56:11 check 14:13 dearly 4:18 comply 42'33 50'32 Bob's 29:8 burden 16'9 18:20 Clerk 3:6 concern 37:25 Continuing 33:2 bond 14'.3 26:16 24:14 choom~ 60:15 dmse 39'.2 50'91 concerned contractor 16.9 38:5 Imsinesa 4:10 chronol~ 36:1 51:1 42'91 37:16 books 56'~4,25 chronology 18'.2 dosed 14:15 eoneernine_ contractors both 7:12 13'.23 t: 36:15,20 39'9 54'3 19'.22 16:7 28:10 14:1,3 19:13 C 63:7 circle 49:17 code 5:14 7:18 concerns 8:10 34:8 27:12 34:19 Callfomia 1:13 eircums*nnce 7:19,218:1,13 19.9 35'~:1} contractual 8:7 46:19 2:12 4:16'24 36:11 9:10,15,19 concluded 7:18 conversalioms bottom 7:9 65'.5 Citation 5:19 11'.24 12:18 20:12 32:9 55'.23 16:12,13 Cailfornia4ic_ 6.6,16,18 8:18 16:4 18'_q conclmh 9'30 cooperation Brock 4'91 6'20 8'~3 10:1,13 20:19,23 25'.5 54'.23 brought 37:13 call 4'~,9 15:10 10:23 11:20 21:13,16 23:1 conclusion 9:14 copies 28:13 Brown 35:4 58'9 14'~,11 15:18 23:7 24:4,19 23'.25 43:20 copious 51'.5 bull 16:10 caled 23:16 15:19 16'9 25:16 26:12 45'9 52:13 copy 8'33 34:1 29:10 30'.22 callin.o. 14:2 17:11,13,15 27.95,25 28:1 58:1,6,6,7,17 corner49'9 34:10 53:16 15:1 17:17,19 18'3 28'3,9,17,21 62:7 Corporalima 8:5 builder 24:17 came 12:14 16:9 18:6 19:4 29:1,8 31:1,5 condmiom corporalions builders 53:16 56'3 60:25 20:11,14 22:1 31:7,11,13 8:17 16'.20 building 1:12:4 capacity 63:24 22:6,8,15 24'9 32~,10,15 coneme 6:1 correet 13:12 4:11 5:12,13 core 43:2,2 44'9 24:11,2.2 36:4 39:14 29:11 33:7,9 38:8 5:16 6:7,12,17 59:11 26:24 27:1,4 41:20,25 42'3 condition 30:8 39:1 48'.3 53'~ 7:18,19,21 8:1 Codon 15:12 28:12,14 43:9 45'3 47:2 38.6,7,10 60'.5 55.9,12 61 '23. , 8:13 9:7,15 case28:ll 57:8 32:12 36:25 55:18,19 ; 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