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HomeMy WebLinkAbout2002/10/02 - Agenda Packet OI'T~Y ~O'F RAN C H O?©~CA_~M O N G A ~ 0500 CMe-~eh[eg~rive, Raqcho Cuc~o~ga, O~ 91730 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY CITY COUNCIL REGULAR MEETINGS: 1sT and 3rd Wednesdays, 7:00 p.m. OCTOBER 2, 2002 A.clenc¥, Board & City Council Members William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tem Paul Biane ............................... Member Grace Curatalo ......................... Member Bob Dutton .............................. Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 5:30 p.m. Closed Session .................................. Tapia Conference Room 7:00 p.m. Regular Redevelopment Agency Meeting ...... Council Chambers Regular City Council Meeting ...................... Council Chambers City Council Agenda October 2, 2002 1 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 Williams__ B..~. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation by Robed DeLoach, General ManagedCEO, Cucamonga County Water District, regarding Waste Water Treatment Plants. 2. Presentation to Assemblyman Bill Leonard in recognition and appreciation of his 24 years of dedicated public service in the California State Legislature. 3. Presentation of Certificates of Recognition to the members of the Etiwanda High School Eagles Softball Team in honor of their winning the CIF Division 1 Southern Section Championship. 4. Presentation of a Proclamation in recognition of the Inland Empire Race for the Cure Month. 5. Presentation of a Proclamation to honor National Fallen Firefighters Day. 6. Presentation of a Proclamation in recognition of National Fire Prevention Week. 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 wilt 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 Minutes: September 4, 2002 City Council Agenda October 2, 2002 2 2. Approval of Warrants, Register September 6 through September 24, 2002, and Payrol~ ending September 12, 2002, for the total amount of $1,895,893.21. 3. Approval of Improvement Agreement, Improvement Security, and 3'1 Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for DRC2001-00345 located at 7576 Etiwanda Avenue, submitted by The Gardens. RESOLUTION NO. 02-260 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00345 RESOLUTION NO. 02-261 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2001-00345 4. Approval of Map, Improvement Agreement, Improvement Security and 4'1 Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14495, located on the southwest corner of Wilson Avenue and Day Creek Boulevard, submitted by MBK Homes LTD. RESOLUTION NO. 02-262 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TACT MAP NUMBER 14495, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-263 45 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 7 FOR TRACT 14495 5. Approval of Map, Improvement Agreement, Improvement Security and 53 Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14496, located north of Wilson Avenue on the west side of Day Creek Boulevard, submitted by Granite Homes. City Council Agenda October 2, 2002 3 RESOLUTION NO. 02-264 5§ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14496, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-265 57 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 7 FOR TRACT 14496 6. Approval of Map, Improvement Agreement, Improvement Security and 63 Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14496-1, located on the northwest corner of Wilson Avenue and Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 02-266 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14496-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-267 67 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 7 FOR TRACT 14496-1 7. Approval of Map, Improvement Agreement, Improvement Security, 73 Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map No. 15783, located on the west side of Carnelian Street at Vivero Street, submitted by G & D Construction, Inc. RESOLUTION NO. 02-268 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15783 AND IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT City Council Agenda October 2, 2002 4 RESOLUTION NO. 02-269 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 15783 8. Approval of Drainage Reimbursements for the Etiwanda Area 9 Master 86 Plan for FY 2001/2002 and appropriate $244,025 for Fund 1126-303- 5650/1026126-0. 9. Approval of Reimbursement Agreement for Base Line Frontage 87 Improvements for Tract 16128, located on the north side of Base Line Road at San Carmela, submitted by DR Hodon. RESOLUTION NO. 02-270 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT EXECUTED BY DR HORTON FOR CONSTRUCTION OF IMPROVEMENTS ON BASE LINE ROAD 10. Approval of a request to enter into a Termination Agreement (CO 02- 90 107) for a Lease Agreement between the City of Rancho Cucamonga and AT&T Wireless Services for a Wireless Communication Facility at Heritage Park. 11. Approval of a request to enter into a Lease Hold Agreement (CO 02- 90 108) at Heritage Park between Cingular Wireless and the City of Rancho Cucamonga for the purpose of installing a Wireless Communication Facility for Cingular Wireless Personal Communication Service. 12. Approval to execute an agreement with Charley College Foundation 134 (CO 02-109) to broadcast the Chaffey College Telethon on RCTV-3 October 11-13, 2002. 13. Approval to authorize staff to engage the services of AON Consulting 137 (CO 02-110) to provide actuarial and consulting services and authorize the appropriation of $21,500 into Acct. No. 1001001-5300. 14. Approval to increase the contract award with RMA Group (CO 02-111) 138 related to Phase lA of CFD 2001-01 generally located north of Foothill Bird., south of Base Line Rd., east of Day Creek Channel, and west of Etiwanda Avenue, to be funded from NC 1-612-303-5300 (Fund 612 - CFD 2001-01) for the amount of $22,000.00 ($20,000.00 plus 10% contingency of $2,000.00). City Council Agenda October 2, 2002 5 15. Approval of a Professional Services Contract (CO 02-112) with an 143 electrical design consultant, amount not yet determined, for the design of the electrical distribution system to serve the commercial development within the Victoria Arbors area and approval of an appropriation from fund balance in an amount to be determined by October 2, 2002. 16. Approval for the lease and installation of one (1) modular building from 145 GE Capital Modular Space for the Civic Center Renovation in an amount not to exceed $29,900 and site preparation costs not to exceed $77,000, funded from Acct. 1025-001-5300. 17. Approval to release Maintenance Guarantee Bond for CUP 97-05, 14'/ located on the northeast corner of Ninth Street and Vineyard Avenue, submitted by Searing Industries. 18. Approval to release Maintenance Guarantee Bond for CUP 98-17, 149 located on the southwest corner of Hermosa Avenue and Arrow Route, submitted by Michael A. Biubribino. 19. Approval to accept Improvements, release the Faithful Performance 151 Bond, and file a Notice of Completion for Improvements for CUP 98-30, submitted by C & G Construction Company, located on the south side of Feron Boulevard, west of Hermosa Avenue. RESOLUTION NO. 02-271 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-30 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 20. Approval to accept Improvements, release the Faithful Performance 154 Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DR 00-25, submitted by Stefan A. Smith, located on the north side of White Birch Drive, east of Elm Avenue. RESOLUTION NO. 02-272 156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-25 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 21. Approval to accept Improvements, release the Faithful Performance 157 Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for CUP 00-33, submitted by Alta Loma Assisted Living LLC, a limited liability company, located on the north side of Nineteenth Street, between Amethyst and Hellman Avenues City Council Agenda October 2, 2002 6 RESOLUTION NO. 02-273 159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 00-33 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 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 upon them 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. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE 160 AMENDMENT DRC2002-00449 - CITY OF RANCHO CUCAMONGA - A request to add Emergency Shelter Provisions by amending Chapter 17.08 (Residential Districts), Chapter 17.10 (Commercial/Office Districts) and 17.30 (Industrial Districts) of the Rancho Cucamonga Development Code, to determine those conditions and standards where emergency shelter facilities may be located. This amendment is based on the updated General Plan approved October 17, 2002, for which an Environmental Impact Report (EIR) was cedified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. City Council Agenda October 2, 2002 7 ORDINANCE NO. 688 (first reading) '169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449, THE ADDITION OF EMERGENCY SHELTER PROVISIONS BY AMENDING CHAPTER 17.02 (ADMINISTRATION) CHAPTER 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.30 (INDUSTRIAL DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO DETERMINE THOSE CONDITIONS AND STANDARDS WHERE EMERGENCY SHELTER FACILITIES MAY BE LOCATED AND MAKING FINDINGS IN SUPPORT THEREOF 2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00443- CITY OF RANCHO CUCAMONGA - A request to add Affordable Housing Incentives/Density Bonus Provisions, Chapter 17.40 of the Rancho Cucamonga Development Code, to provide for the inclusion of density bonus incentives for the development of affordable housing. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. ORDINANCE NO. 689 (first reading) '189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00443, THE ADDITION OF AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS, CHAPTER 17.40 FO THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO PROVIDE FOR THE INCLUSION OF DENSITY BONUS INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND MAKING FINDINGS IN SUPPORT THEREOF City Council Agenda October 2, 2002 8 3. SUBAREA 18 SPECIFIC PLAN AMENDMENT DRC2002-00464 - 199 CHARLES JOSEPH AND ASSOCIATES - An amendment to thu Subarea 18 Specific Plan (Empire Lakes) to establish criteria for Senior Housing development and to allow Senior Housing within Planning Area VIII (Office/Industrial/Mixed Use Commercial), located at the southwest corner of Milliken Avenue and 6th Street. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively, This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. ORDINANCE NO. 690 (first reading) 223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2002-00464, AN AMENDMENT TO THE SUBAREA 18 SPECIFIC PLAN (EMPIRE LAKES) TO ESTABLISH CRITERIA FOR SENIOR HOUSING DEVELOPMENT AND TO ALLOW SENIOR HOUSING WITHIN PLANNING AREA VIII, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TM STREET AND MAKING FINDINGS SUPPORT THEREOF 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. 1. APPROVAL OF FUNDING FOR EXPANSION OF THE SENIOR 227 TRANSPORTATION PROGRAM PARTNERSHIP BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA YMCA AND AUTHORIZE THE APPROPRIATION OF $11,000 OUT Or- THE GENERAL FUND CAPITAL RESERVES INTO ACCOUN~ NUMBER 1025001-5650/1332204-0. City Council Agenda October 2, 2002 9 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. LEGISLATIVE UPDATE (Oral) 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 26, 2002, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. September 4, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION M~NUTES A. CALLTO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, September 4, 2002, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney, and Joe O'Neil, City Engineer. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session item. [31. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY EAST AND WEST OF DAY CREEK CHANNEL FOR THE CONSTRUCTION OF THE EXTENSION OF CHURCH STREET AND A STORM DRAIN EASEMENT; JOE O'NEIL, CITY ENGINEER, AND SOUTHERN CALIFORNIA EDISON, NEGOTIATING PARTIES, SETTING OF JUST COMPENSATION - APN: 227-152-30 AND 37,227-161-16, and 227-201-10 - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. .E. RECESS The Council recessed at 6:15 p.m. No action was taken in closed session. City Council Minutes September 4, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 4, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:09 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Paula Pachon, Management Analyst III; Joe O'Neil, City Engineer; Brad Bullet, City Planner; Donald Granger, Assistant Planner; John Thomas, Acting Building Official; Larry Temple, Administrative Services Director; Joseph Kamrani, Sr. Information Systems Analyst; Charles Scott, Sr. Information Systems Specialist; Captain Pete Ortiz, Police Department; Captain Sam Spagnolo, Rancho Cucamonga Fire Protection District; Kimbedy Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Kathy Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS The Presentations were addressed in the following order, however the minutes will remain in agenda order: B3, B1 and B2. BI. Presentation of a Proclamations in recognition of the "Freedom's Flame" Memorial local volunteer planning committee. Mayor Alexander presented the Proclamations. The committee members in attendance included: Dennis Stout, Chuck Williams, Dr. Jim Burns, Jeri Lyn Ferguson, Kevin Hoyt, Loretta Holtz, Julie Reynolds, Jim Lee, Susan Mickey, Sam Spagnolo, Steve Wilkerson, and Larry and Libby Noble. Dennis Stout, Chairman of the Board of Freedom's Flame, spoke on behalf of the Committee regarding the Freedom Flame. He stated that Freedom's Flame is a Memorial that will be constructed in Rancho Cucamonga as the West Coast Host with a duplicate in New York City or somewhere near for the East Coast version. He said the purpose of the Memorial is to recognize not only the tragedy of September 11, 2001, but more important, America's response to that tragedy. He recognized the importance of the contributions of Bill Lecky, Principal Architect, Al Architects in Washington D.C., who designed the Memorial concept; Larry Noble, the sculptor; and Jim Burns and Chuck Williams, who assisted in New York at Ground Zero and who were able to obtain 48 tons of steel from the World Trade Center, 16 of which were transported to San Bernardino County. Sam Spagnolo, Captain, Rancho Cucamonga Fire Protection District, made a commemorative presentation to the Council, which was a Proclamation from the Lt. Governor of the State of Missouri, Joe Maxwell, which will be displayed at City Hall. A two-minute video was presented on the caravan that traveled through the community on July 4th. Mayor Alexander thanked Charter Communications for providing the video services. City Council Minutes September 4, 2002 Page 3 B2. Presentation of a Proclamation in recognition of September 11, 2002, as "ALWAYS REMEMBER 9/11 DAY." A Proclamation was presented, and read by Mayor Alexander, on behalf of the Mayor and City Council regarding "Always Remember 9/11 Day." B3. Presentation of Certificates of Recognition to the California Eagles Baseball Club (Age 18 and Under) in honor of their winning the Hot Shot Invitational Baseball Tournament. Mayor Alexander presented the Certificates with the assistance of Coaches Chuck McDonald, Mark Tundis, Wes Burns, and Mike Walters. C. COMMUNICATIONS FROM THE PUBLIC C1. Diane Gunther, 8417 9th St., made Council aware of an upcoming women's conference at the Lions Center East and West, September 28, 2002, sponsored by '~Nomen on the Move," which is an Outreach of the Baha'i faith in Rancho Cucamonga. She said the workshops and the speakers will be of interest to both men and women. C2. Brenda Adams, 9416 Glenaire Ct., representing the Hawthornes gated community, stated her concerns regarding police protection within the Hawthornes private gated community, as she was told that the Police could only patrol as a courtesy. She requested that someone get back to them and let them know what type of coverage they are entitled to as a community (fire and police), as they are concerned about safety. Mayor Alexander stated that law enforcement would respond to and handle any emergency situation whether it's in a gated community or not. He said public safety agency will respond to anything of an emergency or even a non-emergency situation if they can handle it. He said the presence of law enforcement and fire is going to be there just as fast for this community as it will be for any non-gated portion of the community. C3. Pam Sutton, 8238 Morton Avenue, said her neighborhood is located at Etiwanda and Foothill, behind the Metropolitian Water District. She stated her concern about a pest that is invading her neighborhood called a "midge." She said because there is such a large body of drinking water, pesticides cannot be used. She said she is disgusted and just can't take it any more. She stated she has talked to the Metropolitan Water District and they have suggested that they could put lights at Arrow Route, but that has not been done. She said they also suggested putting water sprinklers in because the ripple would deter them, but that also has not happened. She asked for the help of City Council because she is just not getting anywhere. Mayor Alexander said that somebody would call her back. He also stated that the Chamber of Commerce will be having a speaker soon on the subject of pest control. He assured her that one of the members of the Council would discuss that issue with the County of San Bernardino. Councilmember Williams said she would like to have Mrs. Sutton as her guest at the Chamber luncheon when the speaker will be discussing the pest control issue. She said she will be contacting Mrs. Sutton regarding this. C4. Steve Padilla, 8255 Morton Avenue, also spoke regarding the pest, "midge" problem. He said it is very annoying, especially while working in the yard. He wanted City Council to be aware of the problem and hoped that maybe Council could help them. Councilmember Williams asked if this pest problem is seasonal. City Councit Minutes September 4, 2002 Page 4 Mr. Padilla stated that it does seem to be worse when it is warmer. C5. Ron Stark, 5830 Emerald St., stated that there are a group of residents in attendance who want to comment on the Colonies project and the Upland Planning Commission Meeting that occurred. Mayor Alexander stated that is an agendized resolution, Item I1, and that would be the appropriate time to speak. D. CONSENT CALENDAR O1. Approval of Warrants, Register Nos. August 15, through August 28, 2002, for the total amount of $3,674,653.13. D2. Approval of a request to summarily vacate a 12-foot wide easement for drainage purposes, V-188, located between Foothill Boulevard and Eucalyptus Street and lying within podions of parcels 2, 3, 6, and 7 of Parcel Map No. 10617 -APN: 208-352-63, 64, 67, 68 - Related file: DRC2001-00393. RESOLUTION NO. 02-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 12-FOOT WIDE EASEMENT FOR DRAINAGE PURPOSES FOR APN: 208-352-63, 64, 67, 68 D3. Approval of single source vendors and approval of annual vendor expenditures for the purchase of concrete, rock and asphalt supplies from D & K Concrete and Holliday Rock in the aggregate amount not to exceed $115,000 annually, to be funded from various city accounts. D4. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6, for DRC2001-00719, located on the east side of the southern terminus of Hyssop Drive, east of the 1-15 freeway, submitted by Erin Madison, Inc. RESOLUTION NO. 02-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00719 RESOLUTION NO. 02-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2001-007 D5. Approval of Improvement Agreement and Improvement Security for Wilson Avenue Storm Drain Lines "C" and "E", located west of Day Creek Boulevard in Wilson Avenue and north of Tract 14496, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT City Council Minutes September 4, 2002 Page 5 AGREEMENT AND IMPROVEMENT SECURITY FOR WILSON AVENUE STORM DRAIN LINES "C" AND "E' D6. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for Tract 15711, located on the north side of Miller Avenue between East and Etiwanda Avenues, submitted by RC Homes, LLC. RESOLUTION NO. 02-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15711, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 15711 D7. Approval of Improvement Agreement and Improvement Security for Banyan Street between Day Creek Boulevard and Rochester Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR BANYAN STREET BETWEEN DAY CREEK BOULEVARD AND ROCHESTER AVENUE D8. Approval of Improvement Agreement and Improvement Security for Wilson Avenue Storm Drain Line A-I, located in Wilson Avenue east of Day Creek Boulevard, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR WILSON AVENUE STORM DRAIN LINE A-1 D9. Request to enter into a Lease Hold Agreement at Etiwanda Creek Park between Cingular Wireless (CO 02-096) and the City of Rancho Cucamonga for the purpose of installing a wireless communication facility for Cingular Wireless Personal Communication Service. D10. Approval of a Professional Services Agreement with SB&O, Inc., (CO 02-097) in the amount of $18,300.00 to provide Fiscal Year 2002/2003 topographical design survey for proposed street improvements throughout various locations within the City, to be funded from the following Account Numbers: 11763035650/1263176-0 (Grove), 11763035650~1411176-0 (Lemon), 11763035650/1295176- 0 (Beryl), 11243035650/144124-0 (6th), and 11763035650/1408176-0 (Banyan). MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes September 4, 2002 Page 6 E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT - DRC2002-00321 - OLTMAN'S INVESTMENT COMPANY - A request to amend the circulation within the Industrial Development District, Subareas 12 and 13, to eliminate the portion of Mission park Drive between Buffalo Avenue and Charles Smith Avenue, submitted by Oltman's Investment Company-APN: 229-263-68. Related Files: Development Review DRC2001-00718. Staff has prepared a Negative Declaration of environmental impacts for consideration. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 684. ORDINANCE NO. 684 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00321, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL DEVELOPMENT DISTRICT, SUBAREAS 12 AND 13, ELIMINATING THE EXTENSION OF MISSION PARK DRIVE EAST OF BUFFALO AVENUE BY AMENDING SECTION 17.30.080, FIGURES 17.30.080-0 AND 17.30.080-N OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 684. Motion carried unanimously 5-0. E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00448 - CITY OF RANCHO CUCAMONGA - An amendment to the Development Code to add text provisions for Mixed Use development for approximately 55 acres located on the north and south side of Foothill Boulevard between Grove Avenue and the abandoned Southern Pacific Railroad corridor (trestle) also known as the "Bear Gulch Area," as part of Phase II of the General Plan Consistency Program. Related Files: Development District Amendment DRC2002-00446A and Development District Amendment DRC2002-00446B. This amendment is based on the updated General Plan approved October 17, 2002, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that cedified EIR, and the previously certified EIR adequately describes the activities for the purposes of CEQA. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 685. ORDINANCE NO. 685 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00448 TO ADD TEXT PROVISIONS FOR MIXED USE DEVELOPMENT FOR AREA ONE, APPROXIMATELY 55 ACRES, LOCATED ON THE NORTH AND SOUTH SIDES OF FOOTHILL BOULEVARD BE'I~NEEN GROVE AVENUE AND THE ABANDONED SOUTHERN PACIFIC RAILROAD CORRIDOR (TRESTLE) ALSO KNOWN AS THE "BEAR GULCH AREA" City Council Minutes September 4, 2002 Page 7 MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 685. Motion carried unanimously 5-0. E3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446A - CITY OF RANCHO CUCAMONGA - An amendment to the Development District Map to change the land use designations from General Commercial, Community Commercial, Office, Office Park, and Specialty Commercial to mixed Use for 55 acres of land located on the north and south sides of Foothill Boulevard between Grove Avenue and the abandoned Southern Pacific Railroad corridor (trestle) also known as the "Bear Gulch Area,", as Phase II of the General Plan Consistency Program -APN: 207-011-33, 35, 36, 43, 44, and 45; 207-101-13, 17, 24, 25, 31, and 41; 207-111-01, -02, 05 thru 17 and 23; 207-112-03, thru 06, 09 thru 11, 13 thru 16, 20, and 21; 207-113-01 thru 18 and 23 thru 25; 207-123-33 and 34; 207-571-75 thru 78. Related Files: Development Code Amendment DRC2002-00448 and Development District Amendment DRC2002-00446B. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that certified EIR, and the previously certified EIR adequately describes the activities for the purposes of CEQA. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 686 ORDINANCE NO. 686 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446A AMENDING THE DEVELOPMENT DISTRICT MAP TO CHANGE THE LAND USE DESIGNATIONS FROM GENERAL COMMERCIAL, COMMUNITY COMMERCIAL, OFFICE, OFFICE PARK, AND SPECIALTY COMMERCIAL TO MIXED USE FOR 55 ACRES OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF FOOTHILL BOULEVARD BETWEEN GROVE AVENUE AND THE ABANDONED SOUTHERN PACIFIC RAILROAD CORRIDOR (TRESTLE), ALSO KNOWN AS THE "BEAR GULCH AREA," AS PHASE II OF THE GENERAL PLAN CONSISTENCY PROGRAM - APN: 207-011-33, 35, 36, 43, 44, AND 45; 207-101-13, 17, 24, 25, 31, AND 41; 207-111-01, 02, 05 THRU 17, AND 23; 207-112-03 THRU 06, 09 THRU 11, 13 THRU 16, 20, AND 21;207-113-01 THRU 18, 23 THRU 25; 207-123-33, AND 34; 207-571-75 THRU 78 MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 686. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. PRESENTATION BY THE RANCHO CUCAMONGA POLICE DEPARTMENT: ANTI-GRAFFITI EDUCATION PROGRAM (Oral) Jack Lam, City Manager, stated that graffiti is a great concern for all our communities, and in an effort to be proactive, the Police Department, as well as City staff, are re-examining not only existing programs, but also examining how we can enhance our ability to fight graffiti. He said the presentation from the Police Department deals with an anti-graffiti education program. Deputy Al Girard made the presentation. He said they are tackling the graffiti problem by working with school teachers and administrators in assisting the police by identifying taggers and tagging issues. City Council Minutes September 4, 2002 Page 8 Deputy Girard gave a power point presentation that will also be presented to all high school and junior high school teachers as a tool to educate them and introduce them to the problem that exists. Councilmember Biane asked about video surveillance in areas that are more frequently tagged. Deputy Girard answered that the Sheriff's Department is looking into purchasing cameras for that purpose. He said as a whole the cameras don't help in prosecution but they are a deterrent. Councilmember Biane asked about the fine when a tagger is caught. Deputy Girard answered that restitution is the cost of removing the graffiti and, although he does not know the exact dollar amount, he thinks the City Yard currently charges a couple dollars a square foot. Councilmember Dutton asked how much money was spent last year on graffiti removal. Joe O'Neil, City Engineer, answered that it was about $150,000 on public property only. Councilmember Dutton asked about the success to date on the City's stepped up efforts to curtail graffiti. Deputy Girard said the City has had great success. He said they are still in the planning stages and coming up with some good ideas in talking to other communities about what would work. He said just in the last few months he and Deputy Gonzales have gained more knowledge than in the last three years. Mayor Alexander asked if we expect a lot of friendship from the courts in actively pursuing prosecutions and reimbursements once we can start identifying. Deputy Girard answered that we do expect it. He said they are currently working with the Probation Department. He said it is difficult to get a prosecution unless the tagging is witnessed or the tagger admits to the tagging. He said some other communities are overcoming this and the City of Rancho Cucamonga is pursuing that knowledge to also overcome this. Mayor Alexander asked about what other communities are doing with respect to surveillance cameras. Jack Lam, City Manager, said that existing programs are being reexamined. He said the Police Department is working closely with other departments and sharing information, and hopefully within the next couple months the City will come up with even better initiatives. He said the City is always looking for ways to do this better, as it has a major impact on the community. Councilmember Williams asked what a teacher or an administrator is expected to do if they suspect a student of being involved in this type of activity. Deputy Girard stated that the procedures are already in place; that the junior high and high schools already have policies where they prohibit any type of tagging or tagging material. The teachers are to contact their school security or school resource officer. Action: Report received and filed. I. COUNCIL BUSINESS City Council Minutes September 4, 2002 Page 9 I1. CONSIDERATION OF A RESOLUTION SUPPORTING AND AUTHORIZING THE CITY OF UPLAND AS LEAD AGENCY FOR A LOCAL AGENCY FORMATION COMMISSION (LAFCO) APPLICATION FOR A SPHERE OF INFLUENCE AMENDMENT AND THE REORGANIZATION O~- TERRITORY TO SA~D CITY Staff repod presented by Brad Buller, City Planner. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Carol Douglas, 6047 Indigo Avenue, said she spoke with the builder and the planner and questioned the size and locations of signs planned for the development and the height of walls at the east end adjacent to Rancho Cucamonga's regional trail. She stated her frustration on a few issues regarding misinformation. She said they were given different answers about whether a car dealership was planned, specifically the numbers of buildings planned for that dealership. She said she went to the Planning Department to do research and saw "open space" on the zoning map where this development was planned; however, she was told it was not zoned as open space. She said Mr. Buller, City Planner, was at the Planning Commission meeting as a representative of the City of Rancho Cucamonga and they did not address any of the questions that he posed. She said they did not address many of the issues for many of the questions that the citizens had, such as the quality of life, property values and the fact that Upland does not seem to be a good neighbor. She said they are concerned about the proximity of the commercial development to residential property, negative declarations about lighting, and the adjacent regional Cucamonga Trail. She said no mitigation was addressed at that meeting; it was simply passed on to the City Council. She also commented about the comments made in the newspaper by the Mayor of Upland, which she felt were inflammatory. She would like the concerns of the residents considered by the City of Rancho Cucamonga and see that this annexation is not a good idea without contingencies or specific requirements. Dr. R. H. lannone, 8469 18th St., said that they believe that certain elements of the Brown Act may have been violated in their publication of meetings and other facts in the proposal and construction of that project. He said it appears that Upland has planned to ask for forgiveness rather than permission to begin the project. He said the environmental impact report was presented at the Planning Commission Meeting, yet two phases of the residential housing have already been sold out and people are living in those homes. He said the City Council of Upland has not acted on the road issues at this point, and yet bulldozers have already scraped out the roads. He said the public has been denied access to the representative form of government that is entitled. He asked that the City Council of the City of Rancho Cucamonga set aside this issue of donating this land to the City of Upland until such time as the facts can be sorted. Ron Stark, 5830 Emerald St., said a decision is being made to relinquish some of our land to Upland that will ultimately be used for the Colonies project. He said he is concerned that the kindness we showed to Upland may not be reciprocated. He said he attended the August 28th Upland Planning Commission meeting that began at 6:30 p.m., and after midnight it was opened for public discussion. He said he stayed until it was over, which was 2:30 a.m. He said a member of the Upland Planning Commission treated Brad Buller, City of Rancho Cucamonga Planner, extremely rudely when he simply wanted to find out about the status of a letter submitted by the City of Rancho Cucamonga expressing questions and concerns. He said another Planning Commissioner stated he was not elected, but appointed, and therefore could do what he wants to do and that it does not matter what the people in the audience think. He requested that the Rancho Cucamonga City Council do everything in their power to ensure that Upland does act in a neighborly way to the Alta Loma residents who are going to be most affected and impacted by this project. He said we owe it to the residents to do everything we can to convince Upland to act in a proper, ethical and neighborly way. City Council Minutes September 4, 2002 Page tO Clark Atterbury, 6150 Indigo, said he is one of the residents who lives along the edge of Rancho Cucamonga Creek, and he is before the City Council to request that the Council represent the people. He stated his concerns about the 70-foot signs, bright flashing lights, crime, pollution, and the loss of our natural areas. He said the City of Upland does not seem to be neighborly and are not receptive to hearing about the needs of the residents of Rancho Cucamonga. Bill McCown, 7944 Appaloosa Ct., who was also at the Planning Commission meeting, stated his concern about the ceding of land to Upland because of the statement made at the previous City Council meeting that with this ceding of land they could pretty much do anything they wanted with it. He said that he and others are becoming upset with Upland's disregard for the quality of life issues that have been brought up in their meetings. He said the problem is one that the City of Rancho Cucamonga has relatively been known for and that is our use of buffer zones between commercial areas and residential areas. He said the only real buffer that has been spoken of has been a short distance and a perhaps 10-ft high block wall, which many of the residents find inadequate. He asked that the City Council and the Mayor consider the possibility of not ceding the land to Upland if they do not intend to use it as a buffer zone for our local residents. He requested that it be stipulated that the 2.5 acres both above and below the freeway be used as a buffer zone that is subject to critical review by the Planning Department of the City of Rancho Cucamonga, the City Council and the residents. Melanie Ingram, 8021 Rosebud St., stated that she agrees with the previous speakers and that the primary recommendation is that the resolution be tabled until the City has had further opportunity to be more educated on some of the issues, particularly water. She said it should include language that might be conditional, even if approved by LAFCO, that unless it is used for the purpose that they intended, and with our approval, that it would not be given to them. She suggested it include language regarding the water issues. She said that area is an important water supply recharge, drainage, flood control area that is currently in litigation between the Colonies Crossroads, Inc. and the County Flood Control District, and Cucamonga Water District is equally concerned. She said concerned citizens held meetings on August 24 and the 25 and spoke about water, traffic, crime, noise, lights, signage, regional trail issues, environmental issues, etc. She said that Upland residents had their own meeting and they shared the same concerns. She stated the Planning Commission meeting was regaled with 4.5 hours of presentations from the contractors, and City Manager Milhiser was overheard saying that the filibuster is working. She asked that the Open Letter be submitted as part of the record that was submitted to the City of Upland. She said that Jeff Burum, general managing partner for the Colonies, stated, "all I have to do is lay money on the counter, and I get whatever ~ want." Leslie Grimes, 8052 Rosebud St., stated that piece of property is the only foothold with any kind of conversation with Upland. She stated her feelings about the City of Upland being rude and secretive. She said this project is different than most cities as most communities have their commercial development set right in the middle of their cities so the only people that it really impacts are the people within their own city. She said this is unique as it is actually bordered by two separate cities, including San Antonio Heights, and it should be handled in a unique way. She said the City of Upland did not take care of their commercial areas that they have, and now they want to place the burden of their Iow tax revenue on the backs of Alta Loma residents, San Antonio residents, and some of their very own residents. She said their vision is clouded with desperation for tax revenue and they are not seeing the potential harm that they could cause this area and the citizens of this community. She asked the City Council to represent the people. Ray Harper, 6204 Indigo Avenue, handed to Brad Buller, City Planner, the City of Upland's plan to move their asphalt plant (Holliday Rock). He expressed his main concern regarding signs for car lot (four 85' signs). He also stated his concern that the development brochure states that there will be parking for 5,217 cars, with plans to put six red-light signaled intersections from 19~ to Campus. He said there are lot of bargaining chips that we have with the City of Upland to do some of the things that protects the neighbors and their property values, and he recommended City Council Minutes September 4, 2002 Page ! ! that the City Council reconsider the gift of the annexation and think about some of the chips that we could deal and negotiate with. He said he has great concerns about 19th Street and is concerned with crime, the overflow traffic, etc. Cary Clark, 7936 Appaloosa Ct., stated he also attended the Upland Planning Commission meeting and stayed until 2:15 a.m. He said it was ridiculous, and asked the City Council, as representatives of the people, to do whatever they can do regarding that land. Stephanie Dill, an Upland resident, stated she too does not like the way that Upland has been treating the people. She said if the Rancho Cucamonga City Council has any strength or influence on how this is going to go, she sure hopes they use it. A recess was taken at 9:24 p.m. The Council reconvened at 9:39 p.m. with all members present Marcia lannone, 8469 18th St., stated concerns regarding the flood control issues in the Cucamonga Basin. She voiced potential concerns regarding water impurity and percolation if commercial development goes in. She said water shortages and exorbitant water rates are inevitable. She said construction of housing, and particularly commercial venues, in the basin not only destroys the desired percolation of water into the underground water table, but also drastically alters previous flood control measures. She said proposed storm drain systems will prove to be inadequate, current construction exacerbates service flood from runoff and even cursory visual inspection of the construction already in progress indicates the likelihood of major flooding in the Cucamonga basin in the future. She thanked the Council for their politeness and for being "user friendly" because that was not seen at the Upland meeting. She said she also did not appreciate the attitude of Dan Richards. Jim Markman, City Attorney, said he is also the City Attorney for Upland and was not at the Planning Commission meeting, however is embarrassed by the way it was conducted. He said the only thing he can say about it in general is that the meeting turned into a developer's presentation rather than what might have been expected, which is input by the public, the developer and the City staff. He wanted the people to know that all their points have been taken to heart and that they have been fighting for protective conditions and for a positive project for over two years with this development group. He said regarding the flood control facilities, the project will be conditioned to prevent any flood control damage regardless of the outcome of the lawsuit between the Colonies and the County Flood Control District, of which is really not about flood protection, but about who pays for it. He said regarding water recharge, this is a classic example of the public hearing a developer's presentation; it is not the staff's position that the developer's proposed facilities for recharge necessarily are adequate, and the problem is the developer presented it as if there is no problem. He said the City of Upland staff is never going to recommend a reduction and recharge as part of this project. He said he hopes when peopte start going to the hearings in Upland that they will see it is a different process and there is no way to justify what he has heard the process was at the Planning Commission meeting, but it certainly is not going to be the process at the Council meeting. He said everybody is invited and will be given the opportunity to make these presentations, and hopefully people will come with an open mind. He also stated on behalf of his friend, Mike Milhiser, the City Manager of Upland, that he did not make a comment that the filibuster worked. He said that remark was said by a city fire official in reference to the fact that he had an overcrowding problem and the developer's presentation cleared a bunch of people out. He said nobody should leave here thinking that the City Manager of Upland said that and was flippant about the project or lacked concerned with conditioning it correctly or protecting the public interest. Ray Harper stated he is proud of the City of Rancho Cucamonga, as he went to the City Clerk's Office and asked for all the campaign financial records of the Mayor, City Council, and the information was immediately provided. He said he had been trying to get that information for two weeks from the City Clerk's Office of Upland, and has yet to get it. He said that is the difference City Council Minutes September 4, 2002 Page ]2 in what we getting from Upland and what we are getting from Rancho. He mentioned he also had a problem getting records from the Upland Police Department. Jim Markman, City Attorney, said there is no reason why staff would not give that information to him. He said he is surprised to hear that and if he ever has another issue like that, he should contact him. He said Stephanie Rios is not the kind of City Clerk who tries to hold back information that the public is entitled to. Alice Harper, 6204 Indigo Avenue, stated she observed signs in other communities--West Lake Village and Brea--and they do not have big signs advertising commercial areas and properties that are unattractive. She said Upland calls itself the "City of Gracious Living," and these sorts of things don't seem to quite fit in with that image that they think they would like to project. She said at one of the meetings, Dan Richards commented that Rancho Cucamonga has wonderful parks and everybody can go over there to take advantage of their parks. Carol Douglas stated that she went to the models in Upland and posed as a potential buyer and inquired about the parks and available facilities in Upland. She said they actually referred her to the City of Rancho Cucamonga Parks & Recreation program that could be used for a small non- resident fee. There being no further responses, public comments were closed. Councilmember Curatalo said she is very displeased to hear that all of them were so dissatisfied with the results from the City of Upland. She said she does not like the people to be deceived in any way. She said they promised that they would consider our citizens in our City, and she is hoping that they stick to their word. Paul Biane asked on a technical basis if the City of Upland followed the letter of the law. Brad Buller, City Planner, answered yes, they have received our City's comments and that to our knowledge they have given us adequate notice. He said that that the City of Rancho Cucamonga submitted comments to them in an adequate time for the environmental impact report, and one question he raised at the Planning Commission meeting; however, the City still has not received the comments to our comments. He said, in addition, our City sent a letter regarding the specific plan, which addresses several questions, and, again, that question was asked at the Planning Commission meeting, and there was no response offered. Jim Markman, City Attorney, stated there is a legal requirement that at least Upland City officials are aware of and will enforce and that is you cannot certify an environmental impact report until you have responded to the comments of public entities, giving them ten days to consider your response to comments. He said in his view, this means you can't conclude the hearing until Rancho Cucamonga and Cucamonga County Water District, and any other public entity that commented, has received these responses and had ten days to consider them. He said they are still working on the responses to comments and one of the reasons is that they are still working on this water recharge issue, which will be part of the responses. Paul Biane, Councilmember, asked about the sign heights at Foothill and the 15 Freeway and one that is proposed for the Regional Mall development. Brad Buller, City Planner, guesstimated that the one that currently exists is for Foothill Marketplace and his understanding is that it is about 65 feet in height from the ground level in which the foundation of the sign is, but from the freeway height, it's probably 35 or 45 feet from the height of the freeway grade adjacent to it. He said regarding the proposed pylon sign for the new Regional Mall, there is no definitive height requirement set, as it is still going through the process. In any case, these signs are much further away from any residential areas. City Council Minutes September 4, 2002 Page t3 Kathryn L. Scott, Deputy City Clerk, read into the record a letter received from John D. Mikels, Supervisor, Second District, San Bernardino County, stating his concerns about the City's agenda item requesting approval by the Local Agency Formation Commission to transfer 2.5 acres to the City of Upland to facilitate development of the Colonies Crossroads. This letter is on file in the City Clerk's Office. Bob Dutton, Councilmember, commented that the letter is referring to requesting approval, and he does not see that item on this agenda. He said on this agenda, it is a resolution to start the process; that the City is not requesting approval of anything, and he would like that defined for that record. Diane Williams, Mayor Pro Tern, stated that the resolution is to allow Upland to begin the application to LAFCO. She said she has heard enough new things this evening but is especially concerned about the asphalt batch plant. She said she would not have any problem tabling this particular action because there is so much else going on that getting this through LAFCO probably isn't their biggest problem. She, as a Commissioner of LAFCO, explained that LAFCO has absolutely no say in land use, that the agency has no authority to place conditions; that they only have the authority to grant that the boundary shall from this day forward be here. She said she is embarrassed for the City of Upland because of the way the people were treated, and she hopes that people don't think that every public agency treats their citizens that way. She said she is offended that our City Planner was treated rudely and that his comments were not taken seriously or even entertained as part of the input. She said she is willing to table this until the City can at least have Mr. Buller's comments addressed and establish a better working agreement whereby residents would be heard in a proper and polite manner. Bob Dutton, Councilmember, stated it was his hope that if Rancho Cucamonga tried to be a good neighbor that would give us the ability to influence what would or would not be built there. He stated his concern about the Upland Planning Commission meeting. He said the 2.5 acres that we're talking about is not actually owned by the City of Rancho Cucamonga but owned by the County Flood Control, so if they don't sell it, they can't build anything on it. He said maybe the public could put a little added pressure on Supervisor Mikels to not sell the property. He said in addition to the five items listed, he would like to make the following recommendations as amendments to the proposed resolution if we go forward with the resolution; and, if it is tabled, he would still like the recommendations incorporated into it: 1) '~Ne require that the Specific Plan include language which allows the City of Rancho Cucamonga to participate in the design review of those uses that most impact Rancho Cucamonga that directly border our City boundaries." 2) "To reduce the height of the two freeway pylon signs to 65' that are located east of Campus Avenue, so that the signs are not visible from existing residents of Rancho Cucamonga." Diane Williams, Councilmember, added it would be the entire Board of Supervisors who would make that decision about selling the land, and that might be where the public might address their letter writing. Mayor Alexander stated that he honestly believes that the last time this issue was addressed, that his colleagues had a lot of faith that them was going to be something forthcoming from the City of Upland, that they would live up to a bargain of cooperation and that they would express to our satisfaction that they were going to be good neighbors. He said getting it in writing is important for our community, because we're challenged with the protection of residents of our community and not necessarily the residents of Upland, thought he thinks it's important that we look to the good and well being of Upland as well as Rancho Cucamonga. Paul Biane, Councilmember, stated that tabling this is a reasonable solution as it gives Upland the oppodunity to step up or not to, and there is time to do that. Councilmember Curatalo concurred. City Council Minutes September 4, 2002 Page ]4 RESOLUTION NO. 02-246 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING AND AUTHORIZING THE CITY OF UPLAND AS LEAD AGENCY FOR AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A SPHERE OF INFLUENCE AMENDMENT AND THE REORGANIZATION OF TERRITORY TO SAID CITY AS MORE SPECIFICALLY DESCRIBED BELOW MOTION: Moved by Alexander, seconded by Williams to table Resolution No. 02-246 until the City of Rancho Cucamonga has written assurances that provide protection, both aesthetically and economically. Motion carried unanimously 5-0. 12. LEGISLATIVE UPDATE (Oral) Diane Williams, Mayor Pro Tem, stated that she and the Mayor are going to Washington D.C. on September 9th to make one more attempt to remind the legislators that we have projects here that are qualified for their assistance, with the Senior Center paramount. They will be mentioning other projects, such as transpodation projects and the "Rails to Trails" project. Action: Report received and filed. Mayor Alexander reported that on September 11th in New York he would be padicipating in an event along with law enforcement and fire personnel @ "Ground Zero." Jack Lam, City Manager, reported on the City's planned events for September 11th: 6:45 a.m. tribute outside Council Chambers and at 7:30 p.m. an event at the Alta Loma High School auditorium. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:20 p.m. Respectfully submitted, Kathryn L. Scott Deputy City Clerk Approved: CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188137 9/9/2002 EMPIRE MOBILE HOME SERVICE 4,950.00 AP - 00188137 9/9/2002 EMPIRE MOBILE HOME SERVICE 8,014.17 AP - 00188138 9/9/2002 FOOTHILL CARPET AND MATTRESS 2,300.00 AP - 00188138 9/9/2002 FOOTHILL CARPET AND MATTRESS 2,100.00 AP - 00188139 9/9/2002 BRUCE, INGRID 61.17 AP- 00188140 9/10/2002 JUANPOLLO 237.05 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 31.60 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 31.60 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 37.68 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 251.02 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 200.88 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 150.96 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 11.00 AP- 00188141 9/11/2002 A AND R TIRE SERVICE 37.24 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 184.81 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 74.20 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 63.20 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 63.20 AP- 00188141 9/11/2002 A AND R TIRE SERVICE 63.20 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 64.64 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 929.78 AP - 00188141 9/11/2002 A AND R TIRE SERVICE 63.20 AP- 00188142 9/11/2002 ABC LOCKSMITHS 8.08 AP - 00188142 9/11/2002 ABC LOCKSMITHS 32.33 AP- 00188143 9/11/2002 ABLAC 294.06 AP - 00188144 9/11/2002 ACCURATE SMOG AUTO AND TRUCK 956.93 AP- 00188145 9/11/2002 ADAMSON, RONALD 1,216.00 AP- 00188145 9/11/2002 ADAMSON, RONALD 864.00 AP - 00188146 9/11/2002 ALL AMERICAN ASPHALT 12,000.00 AP- 00188147 9/11/2002 ALLEN, SYLVESTER R 216.60 AP - 00188148 9/11/2002 ALTA FIRE EQUIPMENT CO 220.00 AP- 00188149 9/11/2002 AMERICAN PLANNING ASSOCIATION 256.00 AP - 00188149 9/11/2002 AMERICAN PLANNING ASSOCIATION 535.00 AP - 00188149 9/11/2002 AMERICAN PLANNING ASSOCIATION 135.00 AP - 00188149 9/11/2002 AMERICAN PLANNING ASSOCIATION 293.00 AP - 00188150 9/11/2002 ARCHITERRA DESIGN GROUP 2,808.00 AP - 00188150 9/11/2002 ARCHITERRA DESIGN GROUP 1,320.00 AP - 00188150 9/11/2002 ARCHITERRA DESIGN GROUP 576.00 AP - 00188151 9/11/2002 B AND K ELECTRIC WHOLESALE 309.54 AP - 00188151 9/11/2002 B AND K ELECTRIC WHOLESALE 619.56 AP - 00188151 9/11/2002 B AND K ELECTRIC WHOLESALE 619.56 AP - 00188152 9/11/2002 BALDY FIRE AND SAFETY 1,600.25 AP- 00188153 9/11/2002 BASELINE TRUE VALUE HARDWARE 31.15 AP - 00188154 9/11/2002 BOISE CASCADE OFFICE PRODUCTS CO1LP 2,348.74 AP- 00188155 9/11/2002 BUQUET, CHARLES 127.78 AP - 00188156 9/11/2002 CAL OSHA REPORTER 337.00 AP- 00188157 9/11/2002 CALBO 504.00 AP- 00188158 9/11/2002 CASA MUNRAS HOTEL 359.70 AP- 00188159 9/11/2002 CDW GOVERNMENT INC. 1,289.77 AP - 00188159 9/11/2002 CDW GOVERNMENT INC. 1,260.67 AP- 00188159 9/11/2002 CDW GOVERNMENT INC. 1,260.67 AP - 00188159 9/11/2002 CDW GOVERNMENT 1NC. 256.45 AP- 00188159 9/11/2002 CDW GOVERNMENT INC. 331.00 AP - 00188159 9/11/2002 CDW GOVERNMENT INC. 3,782.03 User: ahunsber - Ann Hunsberger Page: 1 Current Date: 09/25/7: Report:CK_AGENDAREG_PORTRAIT_RC. CK: Agenda Check Register Pom-ait Layout Time: 11:4~ CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188159 9/11/2002 CDW GOVERNMENT 1NC. 3,782.03 AP - 00188160 9/11/2002 CENTRAL DIVISION 359.72 AP - 00188161 9/11/2002 CERTIFIED AUTO CARE 635.32 AP - 00188161 9/11/2002 CERTIFIED AUTO CARE 446.44 AP - 00188161 9/11/2002 CERTIFIED AUTO CARE 259.28 AP- 00188162 9/11/2002 COCHRAN, RON 175.00 AP- 00188163 9/11/2002 COLLINS COMPANY 1,289.57 AP - 00188164 9/11/2002 CONCANNON, SHARI 149.50 AP ~ 00188165 9/11/2002 CONSOLIDATED ELECTRICAL DISTRIBUTORS 1 45.26 AP - 00188166 9/11/2002 COPP CRUSHING COP, P, DAN 30.00 AP - 00188167 9/11/2002 COTTON BRIDGES ASSOCIATES 678.80 AP - 00188168 9/11/2002 COURT TRUSTEE 200.00 AP - 00188169 9/11/2002 COURT TRUSTEE 118.50 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 1,065.39 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 1,579.00 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 531.49 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 499.92 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 1,582.45 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 3,087.33 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 1,858.49 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 326.43 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 679.14 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 34.35 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 789.35 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 37.44 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 25.08 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 32.29 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 27.14 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 1,162.88 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 70.26 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 556.57 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 40.44 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 141.33 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 897.14 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 134.94 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 445.33 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 165.84 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 654.06 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 191.95 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 451.51 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 111.59 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 36.80 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 422.58 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 329.43 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 927.93 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 718.95 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 76.44 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 18.40 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 70.26 AP q 00188171 9/11/2002 CUCAMONGA CO WATER DIST 80.56 AP ~ 00188171 9/11/2002 CUCAMONGA CO WATER DIST 128.07 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 116.61 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 58.93 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 154.87 User: ahnnsber - Ann Hunsberger Page: 2 Current Date: 09/25/.~ Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 267.13 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 239.33 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 165.02 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 274.35 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 104.25 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 56.87 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 67.99 AP ~ 00188171 9/11/2002 CUCAMONGA CO WATER DIST 163.11 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 132.88 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 200.19 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 255.81 AP - 00188171 9/11/2002 CUCAMONGA CO WATER DIST 1,891.45 AP- 00188171 9/11/2002 CUCAMONGA CO WATER DIST 779.72 AP - 00188172 9/11/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 1,365.00 AP- 00188173 9/11/2002 DAPPER TIRE CO 2,376.88 AP - 00188174 9/11/2002 DEER CREEK CAR CARE CENTER 866.50 AP- 00188175 9/11/2002 DICK, ERIC 322.50 AP - 00188176 9/11/2002 DOUBLETREE HOTEL 363.00 AP- 00188177 9/11/2002 DUNN EDWARDS CORPORATION 180.71 AP - 00188177 9/11/2002 DUNN EDWARDS CORPORATION 99.35 AP- 00188177 9/11/2002 DUNN EDWARDS CORPORATION 83.66 AP- 00188177 9/11/2002 DUNN EDWARDS CORPORATION 128.43 AP- 00188178 9/11/2002 EXPERIAN 50.00 AP- 00188179 9/11/2002 FATLAND, SANDRA 120.00 AP - 00188180 9/11/2002 FAXON/DIVINE COMPANY INC 11.43 AP - 00188180 9/11/2002 FAXON/DIVINE COMPANY 1-NC -2.33 AP - 00188181 9/11/2002 FILARSKY AND WATT 1,300.00 AP - 00188182 9/11/2002 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00188182 9/11/2002 FINESSE PERSONNEL ASSOCIATES 792.00 AP- 00188182 9/11/2002 FINESSE PERSONNEL ASSOCIATES 680.00 AP - 00188183 9/11/2002 FIRST PLACE TROPHIES 1,542.79 AP - 00188184 9/11/2002 FOOTHILL FAMILY SHELTER 250.00 AP - 00188185 9/11/2002 FORCE 3D MOTORSPORTS INC 200.00 AP - 00188186 9/11/2002 FORD OF UPLAND INC 726.53 AP - 00188186 9/11/2002 FORD OF UPLAND INC 326.19 AP - 00188187 9/11/2002 GENERATOR SERVICES CO 357.50 AP - 00188187 9/11/2002 GENERATOR SERVICES CO 688.18 AP- 00188188 9/11/2002 GEOGRAPHICS 5,542.66 AP - 00188188 9/11/2002 GEOGRAPHICS 3,289.61 AP - 00188189 9/11/2002 GOLDEN WEST DISTRIBUTING 103.56 AP - 00188190 9/11/2002 GONSALVES AND SON,JOE A 2,500.00 AP- 00188191 9/11/2002 GREEN ROCK POWER EQUIPMENT 206.21 AP - 00188191 9/11/2002 GREEN ROCK POWER EQUIPMENT 31.44 AP- 00188191 9/11/2002 GREEN ROCK POWER EQUIPMENT 15.48 AP - 00188191 9/11/2002 GREEN ROCK POWER EQUIPMENT 47.93 AP- 00188191 9/11/2002 GREEN ROCK POWER EQUIPMENT 119.22 AP- 00188191 9/11/2002 GREEN ROCK POWER EQUIPMENT 313.51 AP - 00188192 9/11/2002 HAAKER EQUIPMENT CO 2,325.25 AP - 00188193 9/11/2002 HAMILTON, MARK 7.60 AP- 00188194 9/11/2002 HARALAMBOS BEVERAGE COMPANY 256.34 AP- 00188194 9/11/2002 HARALAMBOS BEVERAGE COMPANY 213.58 AP- 00188195 9/11/2002 HARDY, BKADLEY 260.50 AP - 00188196 9/11/2002 HARTWELL CORPORATION 447.20 AP- 00188197 9/11/2002 HILTON MONTEREY 700.04 User: ahunsber - Ann Hnnsberger Page: 3 Current Date: 09/25/~ Report:CK_AGENDA KEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No.. Check Date Vendor Name Amount AP- 00188197 9/11/2002 HILTON MONTEREY 700.04 AP- 00188198 9/11/2002 HOFFMAN, CAROL 38.00 AP- 00188199 9/11/2002 HOLLEY, LATHANDRA 73.20 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO INC 172.53 AP- 00188200 9/11/2002 HOLLIDAY ROCK CO 1NC 74.97 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO INC 142.77 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO INC 129.34 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO [NC 206.18 AP- 00188200 9/11/2002 HOLLIDAY ROCK CO [NC 60.28 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO [NC 187.52 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO INC 116.86 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO 1NC 30.17 AP- 00188200 9/11/2002 HOLLIDAY ROCK CO INC 39.87 AP - 00188200 9/11/2002 HOLLIDAY ROCK CO [NC 880.31 AP- 00188201 9/11/2002 HOSE MAN 1NC 4.95 AP- 00188201 9/11/2002 HOSE MAN INC 13.49 AP - 00188202 9/11/2002 HOUSE OF RUTH 637.00 AP - 00188203 9/11/2002 HOYT LUMBER CO, S M 36.20 AP - 00188203 9/11/2002 HOYT LUMBER CO, S M 22.44 AP- 00188204 9/11/2002 HURST, CHERYL 313.50 AP- 00188205 9/11/2002 HYDROLYNX SYSTEMS 4,800.00 AP - 00188205 9/11/2002 HYDROLYNX SYSTEMS 688.25 AP- 00188205 9/11/2002 HYDROLYNX SYSTEMS 1,200.00 AP- 00188205 9/11/2002 HYDROLYNX SYSTEMS 4,550.50 AP- 00188205 9/11/2002 HYDROLYNX SYSTEMS 3,362.04 AP- 00188206 9/11/2002 HYDROSCAPE PRODUCTS INC 91.35 AP - 00188206 9/11/2002 HYDROSCAPE PRODUCTS INC 54.31 AP- 00188206 9/11/2002 HYDROSCAPE PRODUCTS [NC 176.26 AP - 00188207 9/11/2002 ICI DULUX PAINT CENTERS 182.05 AP - 00188208 9/11/2002 INDUSTRIAL DISTRIBUTION GROUP 50.35 AP - 00188209 9/11/2002 INLAND MEDIATION BOARD 791.44 AP - 00188209 9/11/2002 INLAND MEDIATION BOARD 1,586.75 AP - 00188209 9/11/2002 INLAND MEDIATION BOARD 762.53 AP - 00188209 9/11/2002 INLAND MEDIATION BOARD 1,243.70 AP - 00188210 9/11/2002 INLAND VALLEY DAILY BULLETIN 160.80 AP - 00188211 9/11/2002 INLAND WHOLESALE NURSERY 99.13 AP- 00188212 9/11/2002 INTERSTATE BATTERIES 45.20 AP- 00188212 9/11/2002 INTERSTATE BATTERIES 81.84 AP - 00188213 9/11/2002 INTRAVAIA ROCK AND SAND 30.00 AP- 00188213 9/11/2002 INTRAVAIA ROCK AND SAND 30.00 AP - 00188213 9/11/2002 [NTRAVAIA ROCK AND SAND 30.00 AP - 00188213 9/11/2002 INTRAVAIA ROCK AND SAND 30.00 AP - 00188213 9/11/2002 INTRAVAIA ROCK AND SAND 30.00 · AP - 00188214 9/11/2002 IRON AGE CORPORATION 150.00 AP- 00188215 9/11/2002 IRON MOUNTA1N OSDP 313.00 AP - 00188215 9/11/2002 IRON MOUNTAIN OSDP 357.00 AP - 00188216 9/11/2002 JABER, FATINA 3.80 AP - 00188217 9/11/2002 JOBS AVAILABLE 248.40 AP - 00188218 9/11/2002 JOHNSON, JOREE 38.00 AP- 00188219 9/11/2002 JOHNSON, STACI 120.00 AP - 00188220 9/11/2002 JOHNSON, VALERIE 38.00 AP - 00~88221 9/11/2002 JORRITSMA, TONY 11.40 AP - 00188222 9/11/2002 KAMFN ASSOCIATES 1NC 155.19 AP - 00188223 9/11/2002 KC PRINTING & GRAPHICS INC 344.12 User: ahunsber - Ann Hunsberger Page: 4 Current Date: 09/25/2 Report:CK_AGENDA_REG_PORTRAIT_RC. CK: Agenda Check Register Portrait Layout Time: 11 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount. AP- 00188224 9/11/2002 KERREY CONSULTING, JULES 140.00 AP - 00188224 9/11/2002 KERREY CONSULTING, JULES 35.00 AP - 00188224 9/11/2002 KERREY CONSULTING, JULES 385.00 AP - 00188225 9/11/2002 KOCH MATERIALS COMPANY 106.72 AP - 00188226 9/11/2002 LAWSON PRODUCTS INC 331.40 AP- 00188227 9/11/2002 LEFF, ROY A 35.00 AP- 00188228 9/11/2002 LILBURN CORPORATION 792.00 AP - 00188228 9/11/2002 LILBURN CORPORATION 352.00 AP- 00188228 9/11/2002 LILBURN CORPORATION 4,312.00 AP - 00188229 9/11/2002 LITTLE BEAR PRODUCTIONS 125.00 AP - 00188230 9/11/2002 LOS ANGELES COCA COLA BTL CO 86.45 AP - 00188230 9/11/2002 LOS ANGELES COCA COLA BTL CO 275.61 AP- 00188231 9/11/2002 LOWER, DARLENE 251.00 AP - 00188232 9/11/2002 LUQUE, MICHAEL 11.40 AP - 00188233 9/11/2002 MAC EWEN, TAMARA 38.00 AP - 00188234 9/11/2002 MARK CHRIS INC 27.25 AP - 00188234 9/11/2002 MARK CHRIS INC 326.26 AP - 00188234 9/11/2002 MARK CHRIS INC 99.46 AP- 00188234 9/11/2002 MARK CHRIS INC 417.73 AP - 00188234 9/11/2002 MARK CHRIS INC 26.18 AP - 00188234 9/11/2002 MARK CHRIS INC 410.78 AP - 00188235 9/11/2002 MARSHALL PLUMBING 1,997.45 AP - 00188236 9/11/2002 MARTINEZ UNION SERVICE 45.00 AP - 00188237 9/11/2002 MARTZOLF, ANGIE 90.00 AP- 00188238 9/11/2002 MASSIE, YVETTE 15.20 AP - 00188239 9/11/2002 MATT'S HARDWARE 33.53 AP - 00188240 9/11/2002 MC CONNELL, KIMBERLY 3.80 AP - 00188241 9/11/2002 MCMASTER CARR SUPPLY COMPANY 66.03 AP - 00188241 9/11/2002 MCMASTER CARR SUPPLY COMPANY 355.79 AP- 00188242 9/11/2002 MELLEM, SANDRA 37.00 AP- 00188243 9/11/2002 MICRO FOCUS 4,283.87 AP- 00188243 9/11/2002 MICRO FOCUS 0.01 AP - 00188244 9/11/2002 MIDWEST TAPE 111.94 AP- 00188244 9/11/2002 M1DWESTTAPE 152.96 AP - 00188244 9/11/2002 MIDWEST TAPE 73.96 AP- 00188244 9/11/2002 MIDWEST TAPE 32.98 AP- 00188244 9/11/2002 MIDWEST TAPE 275.89 AP - 00188244 9/11/2002 MIDWEST TAPE 77.94 AP - 00188244 9/11/2002 MIDWEST TAPE 37.98 AP - 00188245 9/11/2002 MOUNTAIN VIEW GLASS AND MIRROR 351.88 AP - 00188246 9/11/2002 N M A DUES C/O NAOMI ROBERTS 13.85 AP- 00188247 9/11/2002 NAPA AUTO PARTS 2.47 AP - 00188247 9/11/2002 NAPA AUTO PARTS 279.73 AP - 00188247 9/11/2002 NAPA AUTO PARTS 51.20 AP - 00188247 9/11/2002 NAPA AUTO PARTS 40.93 AP - 00188247 9/11/2002 NAPA AUTO PARTS 7.09 AP- 00188247 9/11/2002 NAPA AUTO PARTS 80.34 AP - 00188248 9/11/2002 NATIONAL DEFERRED 23,803.21 AP - 00188249 9/11/2002 NEC BUSINESS NETWORK SOLUTIONS INC 13,937.40 AP - 00188249 9/11/2002 NEC BUSINESS NETWORK SOLUTIONS INC 1,181.21 AP - 00188250 9/11/2002 NEWPORT PRINTING SYSTEMS 38.47 AP- 00188250 9/ll/2002 NEWPORT PRINTING SYSTEMS 38.47 AP- 00188251 9/11/2002 NRPA 745.00 AP- 00188252 9/11/2002 OESTERLING, KIM 48.00 User: ahunsber - Ann Hunsberger Page: 5 Current Date: 09/25/; Report:CK_AGENDA_REG_PORTRAITRC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount. AP - 00188253 9/11/2002 OFFICE DEPOT 30.82 AP 00188253 9/11/2002 OFFICE DEPOT 83.09 AP 00188253 9/11/2002 OFFICE DEPOT 403.65 AP 00188253 9/11/2002 OFFICE DEPOT -20.73 AP 00188253 9/11/2002 OFFICE DEPOT 80.82 AP 00188253 9/11/2002 OFFICE DEPOT 707.50 AP 00188253 9/11/2002 OFFICE DEPOT 212.21 AP 00188253 9/11/2002 OFFICE DEPOT 44.29 AP - 00188253 9/11/2002 OFFICE DEPOT 83.09 AP- 00188253 9/11/2002 OFFICE DEPOT -83.09 AP - 00188253 9/11/2002 OFFICE DEPOT -4.71 AP - 00188253 9/11/2002 OFFICE DEPOT 307.33 AP- 00188253 9/11/2002 OFFICE DEPOT 52.59 AP - 00188253 9/11/2002 OFFICE DEPOT 38.46 AP - 00188254 9/11/2002 OHIO CHILD SUPPORT PAYMENT CENTRAL 154.70 AP - 00188255 9/11/2002 OL1VAS, KELLY 11.40 AP - 00188256 9/11/2002 OZANNE, LORRAINE 1.00 AP - 00188257 9/11/2002 PACIFIC EQUIP AND IRRIGATION INC 139.06 AP - 00188257 9/11/2002 PACIFIC EQUIP AND IRRIGATION INC 15.11 AP - 00188257 9/11/2002 PACIFIC EQUIP AND IRRIGATION ]NC 62.04 AP - 00188258 9/11/2002 PARAGON BUILDING PRODUCTS INC 200.57 AP - 00188259 9/11/2002 PARK SPECIALTIES 4,375.00 AP- 00188260 9/11/2002 PEARCE, ANDREA 38.00 AP - 00188261 9/11/2002 POURHASSANIAN, ABBY 35.00 AP - 00188262 9/11/2002 PRAXAIR DISTRIBUTION INC ~ 96.55 AP - 00188262 9/11/2002 PRAXAIR DISTRIBUTION INC 31.32 AP - 00188263 9/11/2002 PROTECTION SERVICE INDUSTRIES 268.55 AP - 00188263 9/11/2002 PROTECTION SERVICE INDUSTRIES 236.30 AP - 00188264 9/11/2002 QUALITY ONE ENGRAVING -- 17.24 AP - 00188264 9/11/2002 QUALITY ONE ENGRAVING 17.24 AP- 00188265 9/11/2002 QUINTANA, ZITA 193.00 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 181.48 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 32.85 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 31.92 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 31.92 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 400.57 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 46.92 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 31.92 AP- 00188267 9/11/2002 R AND R AUTOMOTIVE 35.72 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 511.07 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 43.41 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 43.41 AP- 00188267 9/11/2002 R AND R AUTOMOTIVE 182.19 AP ~ 00188267 9/11/2002 R AND R AUTOMOTIVE 310.68 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 59.42 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 593.15 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 31.92 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 15.00 User: ahunsber - Ann Hunsberger Page: 6 Current Date: 09/25/5 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Porixait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No: Check Date Vendor Name Amount AP ~ 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 669.83 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 30.86 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 30.86 AP ~ 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 15.00 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 30.86 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/I 1/2002 R AND R AUTOMOTIVE 371.43 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 590.75 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 551.74 AP- 00188267 9/11/2002 R AND R AUTOMOTIVE 289.21 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP ~ 00188267 9/11/2002 R AND R AUTOMOTIVE 524.71 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 145.92 AP - 00188267 9/11/2002 R AND R AUTOMOTIVE 27.50 AP- 00188268 9/11/2002 RADULESCU, DAN 38.00 AP- 00188269 9/11/2002 RANCHO TRANSMISSION SERVICE 308.06 AP - 00188270 9/11/2002 RBM LOCK AND KEY SERVICE 3.61 AP - 00188270 9/11/2002 RBM LOCK AND KEY SERVICE 7.11 AP- 00188271 9/11/2002 REDINGER, TOM 38.00 AP- 00188272 9/11/2002 REINHARDTSEN, DEBRA 282.50 AP - 00188273 9/11/2002 REXEL CALCON ELECTRICAL SUPPLIES 22.63 AP - 00188273 9/11/2002 REXEL CALCON ELECTRICAL SUPPLIES 98.87 AP - 00188274 9/11/2002 1CH TECHNOLOGY 768.00 AP - 00188274 9/11/2002 RI-I TECHNOLOGY 1,024.00 AP- 00188274 9/11/2002 RH TECHNOLOGY 1,024.00 AP - 00188275 9/11/2002 RICHARDS WATSON AND GERSHON 808.45 AP - 00188276 9/11/2002 RIDGEL1NE ROOFING 2,554.98 AP- 00188277 9/11/2002 RIVERSIDE BLUEPRINT 385.36 AP- 00188277 9/11/2002 RIVERSIDE BLUEPRINT 210.48 AP- 00188278 9/11/2002 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP - 00188279 9/11/2002 ROTH STAFFING COMPANIES INC 285.60 AP - 00188279 9/11/2002 ROTH STAFFING COMPANIES INC 231.20 AP - 00188279 9/11/2002 ROTH STAFFING COMPANIES INC 285.60 AP- 00188280 9/11/2002 SAFAVI, SARAH 237.13 AP - 00188281 9/11/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 220.00 AP - 00188282 9/11/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 289.68 AP - 00188283 9/11/2002 SAN BERN COUNTY SHERIFFS 8,367.41 AP - 00188284 9/11/2002 SHARP IMAGE COLLISION 1,477.42 AP - 00188285 9/11/2002 SHOEMAKER & SON,TEX 1,270.63 AP - 00188285 9/11/2002 SHOEMAKER & SON,TEX 113.67 AP - 00188286 9/11/2002 SO CALIF GAS COMPANY 111.60 AP - 00188286 9/11/2002 SO CALIF GAS COMPANY 1,237.12 User: ahunsber - Ann Hunsberger Page: 7 Current Date: 09/25/2 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Porirait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No~ Check Date Vendor Name Amount AP - 00188286 9/11/2002 SO CALIF GAS COMPANY 80.18 AP - 00188287 9/11/2002 SOFT CHOICE CORP 0.01 AP - 00188287 9/11/2002 SOFT CHOICE CORP 1,714.99 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 85.66 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 18.10 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 84.30 AP 00188291 9/11/2002 SOI4THERN CALIFORNIA EDISON 54.49 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 27.65 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 159.07 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 85.48 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 173.07 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 18.50 AP- 00188291 9/11/2002 SOUTHEKN CALIFORNIA EDISON 12.73 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 38.39 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.22 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.64 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.55 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.73 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 18.50 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.39 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.73 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.12 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 19.50 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.52 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 74.38 AP - 00188291 9/11/2002 SOUTHERN CALIFOR.NIA EDISON 12.29 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 111.37 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 635.03 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 6,210.17 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 131.93 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 47.86 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00188291 9/1 t/2002 SOUTHERN CALIFORNIA EDISON 116.34 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 201.47 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 186.37 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 149.37 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 113.98 User: ahunsber - Ann Hunsberger Page: 8 Current Date: 09/25L~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4~ CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Cheek No. Check Date Vendor Name Amount AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 105.25 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 116.87 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 102.58 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 124.33 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 101,65 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 18.71 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 91.45 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 149.18 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 39.60 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 144.54 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 56.32 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 18.53 AP- 0018829'1 9/11/2002 SOUTHERN CALIFORNIA EDISON 110.81 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 110.46 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 8.08 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 144.84 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.62 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 15.57 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 24.00 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.64 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.09 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 171.51 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 136.76 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.68 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 23.83 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 30.01 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 15.25 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 93.27 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 28.39 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.77 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 0.12 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 299.25 AP - 00188291 9/11/2002 SOUTHERN CALIFORNL~ EDISON 109.53 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 115.03 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 54.86 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 15.57 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.72 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 41.36 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.12 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.92 User: ahtmsber - Ann Hunsberger Page: 9 Current Date: 09/25/~, Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP 00188291 9/11/2002 SOUTHEKN CALIFORNIA EDISON 12.53 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 86.11 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 75.77 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 42.47 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 67.76 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 50.17 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 209.90 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 52.10 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 32.15 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 537.56 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 1,078.07 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 152.27 AP 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 19.46 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.92 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 84.27 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.24 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 34.87 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 34.71 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 108.39 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON I2.21 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 11.03 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.29 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 15.58 AP - 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP- 00188291 9/11/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00188292 9/11/2002 STATE OF CALIFORNIA 553.20 AP - 00188293 9/11/2002 STOFA, JOSEPH 25.00 AP - 00188294 9/11/2002 TARGET SPECIALTY PRODUCTS 439.52 AP - 00188294 9/11/2002 TARGET SPECIALTY PRODUCTS 1,261.84 AP - 00188295 9/11/2002 TARGET 49.00 AP- 00188295 9/11/2002 TARGET 32.27 AP- 00188296 9/11/2002 TEES PLUS 1,137.50 AP- 00188296 9/11/2002 TEES PLUS 909.48 AP - 00188297 9/11/2002 TERMINIX INTERNATIONAL 67.00 AP - 00188297 9/11/2002 TERMINIX INTERNATIONAL 67.00 AP - 00188298 9/11/2002 THEATRE COMPANY, THE 243.31 AP- 00188298 9/11/2002 THEATRE COMPANY, THE 2,896.19 AP - 00188299 9/11/2002 TRUGREEN LANDCARE REGIONAL 10,090.00 AP - 00188299 9/11/2002 TRUGREEN LANDCARE REGIONAL 1,783.00 AP - 00188299 9/11/2002 TRUGREEN LANDCARE REGIONAL 2,350.00 AP - 00188299 9/11/2002 TRUGREEN LANDCARE REGIONAL 429.50 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 150.07 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 735.68 AP- 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 34.34 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 24.27 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 20.58 AP- 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 34.34 User: ahunsber - Ann Hunsberger Page: 10 Current Date: 09/25/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Port~ait Layout Time: 1 ! :4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 24.27 AP - 00188300 9/I 1/2002 UNIFIRST UNIFORM SERVICE 628.76 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 196.67 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 150.07 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 20.58 AP - 00188300 9/11/2002 UNIFIRST UNIFORM SERVICE 116.60 AP- 00188301 9/11/2002 UNITED WAY 623.32 AP- 00188302 9/11/2002 USPS/PITNEY BOWES 13,500.00 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 86.38 AP 00188305 9/11/2002 VERIZONCALIFORNIA 206.55 AP 00188305 9/11/2002 VE1LIZONCALIFORNIA 466.78 AP 00188305 9/11/2002 VERIZON CALIFORNIA 466.78 AP 00188305 9/11/2002 VERIZONCALIFORNIA 47.33 AP 00188305 9/11/2002 VERIZONCALIFORNIA 179.17 AP 00188305 9/11/2002 VERIZONCALIFORNIA 31.34 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 87.41 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 29.12 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 27.07 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 46.65 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 80.82 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 60.68 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 55.65 AP - 00188305 9/11/2002 VER/ZON CALIFORNIA 56.03 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 44.25 AP- 00188305 9/11/2002 VERIZONCALIFORNIA 29.14 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 31.35 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 33.11 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 36.48 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 28.15 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 22.67 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 138.31 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 89.60 AP- 00188305 9/11/2002 VEPdZON CALIFORNIA 92.81 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 91.04 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 91.04 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 90.98 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 84.55 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 31.34 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 91.00 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 30.19 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 24.12 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 22.68 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 28.15 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 42.69 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 31.82 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 56.31 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 365.89 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 50.50 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 22.67 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 32.53 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 22.67 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 38.76 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 22.68 AP - 00188305 9/11/2002 VER1ZON CALIFORNIA 38.76 User: ahunsber - Ann Hunsberger Page: 11 Current Date: 09/25/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, /! CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188305 9/11/2002 VERIZON CALIFORNIA 22.27 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 72,03 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 29.25 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 332.21 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 150.10 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 97.22 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 49.79 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 421.50 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 127.73 AP- 00188305 9/11/2002 VEPdZON CALIFORNIA 378.51 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 45.46 AP- 00188305 9/11/2002 VERIZONCALIFORNIA 127.10 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 32.42 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 31.34 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 32.42 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 90.98 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 91.04 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 90.98 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 92.81 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 92.85 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 27.73 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 429.69 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 22.68 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 91.04 AP- 00188305 9/11/2002 VERIZONCALIFORNIA 22.28 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 29.84 AP- 00188305 9/11/2002 VEKIZON CALIFORNIA 28.15 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 28.70 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 90.94 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 22,67 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 22.68 AP 00188305 9/11/2002 VERIZON CALIFORNIA 22,72 AP 00188305 9/11/2002 VERIZON CALIFORNIA 22,67 AP 00188305 9/11/2002 VERIZON CALIFORNIA 22,67 AP 00188305 9/11/2002 VERIZONCALIFOR_NIA 22.67 AP 00188305 9/11/2002 VERIZONCALIFORNIA 22.68 AP 00188305 9/11/2002 VERIZONCALIFORNIA 22.72 AP 00188305 9/11/2002 VERIZONCALIFORNIA 47.33 AP 00188305 9/11/2002 VERIZON CALIFORNIA 466.78 AP 00188305 9/11/2002 VERIZON CALIFORNIA 582.44 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 77.89 AP- 00188305 9/11/2002 VERIZON CALIFORNIA 42.80 AP - 00188305 9/11/2002 VERIZON CALIFORNIA 83.19 AP- 00188306 9/11/2002 VERIZON CALIFORNIA 1,650.00 AP- 00188307 9/11/2002 VIGILANCE, TERRENCE 450.00 AP- 00188308 9/11/2002 VILAYTHONG, KEOMANEE 206.20 AP- 00188309 9/11/2002 VISTA PAINT 1,074.37 AP- 00188310 9/11/2002 VOLM, LIZA 112.50 AP - 00188311 9/11/2002 WALTERS WHOLESALE ELECTRIC CO 363.40 AP - 00188311 9/11/2002 WALTERS WHOLESALE ELECTRIC CO 336.72 AP - 00188312 9/11/2002 WASTE MANAGEMENT L.A. METRO 508.10 AP - 00188313 9/11/2002 WATTERS, DANNY 175.00 AP - 00188314 9/11/2002 WAXIE 818.86 AP - 00188314 9/11/2002 WAXIE 1,137.14 User: ahunsber - Ann Hunsberger Page: 12 Current Date: 09/25/~ Report:CK_AGENDA KEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4~ CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188314 9/11/2002 WAXIE 21.57 AP - 00188314 9/11/2002 WAXIE 786.73 AP - 00188314 9/11/2002 WAXIE 190.83 AP - 00188314 9/11/2002 WAXIE 622.60 AP - 00188314 9/11/2002 WAXIE 619.09 AP 00188314 9/11/2002 WAXIE 419.15 AP 00188314 9/11/2002 WAXIE 571.97 AP 00188314 9/11/2002 WAXIE 639.80 AP 00188314 9/11/2002 WAXIE 291.57 AP 00188315 9/11/2002 WAYNE CORPORATION, LEE 272.62 AP 00188315 9/11/2002 WAYNE CORPORATION, LEE 123.92 AP - 00188315 9/11/2002 WAYNE CORPORATION, LEE 210.12 AP - 00188315 9/11/2002 WAYNE CORPORATION, LEE 1,562.40 AP- 00188316 9/11/2002 X PECT FIRST AID AND SAFETY 48.11 AP- 00188317 9/11/2002 XEROX CORPORATION 929.35 AP - 00188317 9/11/2002 XEROX CORPORATION 32.94 AP - 00188317 9/11/2002 XEROX CORPORATION 929.35 AP - 00188318 9/11/2002 YEE, LARRY 9.00 AP- 00188319 9/17/2002 KAVANAUGH, DYANNAT. 671.50 AP - 00188320 9/17/2002 MARSHALL PLUMBING 1,074.49 AP - 00188321 9/17/2002 POMA DISTRIBUTING CO 734.85 AP- 00188321 9/17/2002 POMA DISTRIBUTING CO 450.39 AP- 00188332 9/12/2002 DAN GUERRA AND ASSOCIATES 17,820.70 AP - 00188333 9/12/2002 DELTA DENTAL 30,951.00 AP - 00188359 9/12/2002 R C MARKETING CO 599.54 AP- 00188370 9/12/2002 DAN GUERRA AND ASSOCIATES 71,813.13 AP - 00188371 9/18/2002 AA EQUIPMENT RENTALS CO INC 29.57 AP - 00188371 9/18/2002 AA EQUIPMENT RENTALS CO 1NC 69.70 AP - 00188371 9/18/2002 AA EQUIPMENT RENTALS CO [NC 403.72 AP - 00188372 9/18/2002 ABM BUSINESS MACHINES 1NC 2,603.66 AP- 00188373 9/18/2002 ACTION TRAVEL AGENCY 280.00 AP-00188374 9/18/2002 ADAMSON, RONALD 1,152.00 AP- 00188375 9/18/2002 AEF SYSTEMS CONSULTING [NC 275.00 AP- 00188376 9/18/2002 ALL AMERICAN ASPHALT 56,043.28 AP - 00188377 9/18/2002 ALWAYS BALLOONS 115.00 AP- 00188378 9/18/2002 AMA 190.00 AP- 00188379 9/18/2002 AMAZON.COM CREDIT 521.66 AP- 00188380 9/18/2002 AMERICAN CONTRACTORS INC 1,000.00 AP - 00188381 9/18/2002 AMERICAN PLUMB1NG PARTSMASTER INC 215.50 AP- 00188382 9/18/2002 ANAHEIM MARRIOTT HOTEL 243.80 AP- 00188383 9/18/2002 APHRC24LLC 1,000.00 AP- 00188384 9/18/2002 ARCHITERRA DESIGN GROUP 216.00 AP - 00188385 9/18/2002 ARROWHEAD CREDIT UNION 2,097.04 AP- 00188385 9/18/2002 ARROWHEAD CREDIT UNION 180.00 AP- 00188385 9/18/2002 ARROWHEAD CREDIT UNION 1,374.60 AP q 00188386 9/18/2002 ASCE 210.00 AP- 00188387 9/18/2002 ASSOCIATED ENGINEERS 9,030.00 AP- 00188388 9/18/2002 AUSTIN, DONNA 7.67 AP- 00188389 9/18/2002 BARNES AND NOBLE 45.84 AP- 00188389 9/18/2002 BARNES AND NOBLE 288.74 AP- 00188389 9/18/2002 BARNES AND NOBLE 197.46 AP- 00188389 9/18/2002 BARNES AND NOBLE 57.31 AP - 00188389 9/18/2002 BARNES AND NOBLE 16.05 AP - 00188389 9/18/2002 BARNES AND NOBLE -57.31 User: ahunsber - Ann Hunsberger Page: 13 Current Date: 09/25/5 Report:CK_AGENDA_REG_PORTRAITRC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188389 9/18/2002 BARNES AND NOBLE 219.86 AP - 00188389 9/18/2002 BARNES AND NOBLE 117.62 AP- 00188389 9/18/2002 BARNES AND NOBLE 56.14 AP- 00188389 9/18/2002 BARNES AND NOBLE 41.46 AP - 00188390 9/18/2002 BEARD PROVENCHER AND ASSOC 1,456.00 AP - 00188390 9/18/2002 BEARD PROVENCHER AND ASSOC 1,985.00 AP- 00188391 9/18/2002 BOOKS ON TAPE INC 187.05 AP - 00188391 9/18/2002 BOOKS ON TAPE INC 142.66 AP - 00188391 9/18/2002 BOOKS ON TAPE INC 479.98 AP - 00188391 9/18/2002 BOOKS ON TAPE ]?NC 574.85 AP- 00188399 9/18/2002 BRODARTBOOKS 130.85 AP- 00188399 9/18/2002 BRODARTBOOKS 2,062.34 AP- 00188399 9/18/2002 BR. ODARTBOOKS 24.19 AP- 00188399 9/18/2002 BRODART BOOKS 89.80 AP-00188399 9/18/2002 BRODARTBOOKS 13.48 AP-00188399 9/18/2002 BRODARTBOOKS 37.61 AP- 00188399 9/18/2002 BR. ODART BOOKS 55.52 AP-00188399 9/18/2002 BRODARTBOOKS 25.21 AP- 00188399 9/18/2002 BRODARTBOOKS 52.86 AP - 00188399 9/18/2002 BRODART BOOKS 15.32 AP- 00188399 9/18/2002 BRODART BOOKS 32.48 AP- 00188399 9/18/2002 BRODART BOOKS 31.26 AP-00188399 9/18/2002 BRODARTBOOKS 62.37 AP-00188399 9/18/2002 BRODARTBOOKS 15.32 AP-00188399 9/18/2002 BRODARTBOOKS 24.19 AP - 00188399 9/18/2002 BRODART BOOKS 43.50 AP-00188399 9/18/2002 BRODARTBOOKS 29.05 AP ~ 00188399 9/18/2002 BRODARTBOOKS 16.55 AP- 00188399 9/18/2002 BRODARTBOOKS 17.17 AP-00188399 9/18/2002 BRODARTBOOKS 16.44 AP-00188399 9/18/2002 BRODARTBOOKS 32.38 AP-00188399 9/18/2002 BRODARTBOOKS 15.93 AP - 00188399 9/18/2002 BRODART BOOKS 15.97 AP - 00188399 9/18/2002 BRODART BOOKS 15.32 AP- 00188399 9/18/2002 BRODARTBOOKS 15.32 AP 00188399 9/18/2002 BRODARTBOOKS 15.93 AP 00188399 9/18/2002 BRODARTBOOKS 14.50 AP 00188399 9/18/2002 BRODARTBOOKS 107.02 AP 00188399 9/18/2002 BRODARTBOOKS 87.08 AP 00188399 9/18/2002 BRODARTBOOKS 143.34 AP 00188399 9/18/2002 BRODARTBOOKS 14.50 AP 00188399 9/18/2002 BRODARTBOOKS 9.65 AP 00188399 9/18/2002 BRODART BOOKS 24.19 AP 00188399 9/18/2002 BRODARTBOOKS 30.72 AP 00188399 9/18/2002 BRODARTBOOKS 58.64 AP 00188399 9/18/2002 BRODARTBOOKS 48.72 AP- 00188399 9/18/2002 BRODARTBOOKS 23.26 AP ~00188399 9/18/2002 BRODARTBOOKS 17.41 AP - 00188399 9/18/2002 BRODART BOOKS 23.40 AP- 00188399 9/18/2002 BRODART BOOKS 10.32 AP- 00188399 9/18/2002 BRODART BOOKS 14.50 AP - 00188399 9/18/2002 BRODART BOOKS 45.35 AP- 00188399 9/18/2002 BRODART BOOKS 24.19 AP- 00188399 9/18/2002 BRODART BOOKS 14.71 User: ahunsber - Ann Hunsberger Page: 14 Current Date: 09/25/,~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188399 9/18/2002 BRODART BOOKS 27.00 AP- 00188399 9/18/2002 BRODARTBOOKS 14.50 AP-00188399 9/18/2002 BRODARTBOOKS 97.01 AP-00188399 9/18/2002 BRODARTBOOKS 15.35 AP- 00188399 9/18/2002 BRODARTBOOKS 14.55 AP-00188399 9/18/2002 BRODARTBOOKS 15.34 AP- 00188399 9/18/2002 BRODARTBOOKS 40.04 AP-00188399 9/18/2002 BRODARTBOOKS 12.57 AP - 00188399 9/18/2002 BRODART BOOKS 4.51 AP- 00188399 9/18/2002 BRODARTBOOKS 56.69 AP- 00188399 9/18/2002 BRODART BOOKS 30.64 AP - 00188399 9/18/2002 BRODART BOOKS 16.10 AP- 00188399 9/18/2002 BRODARTBOOKS 14.71 AP- 00188399 9/18/2002 BRODART BOOKS 74.83 AP-00188399 9/18/2002 BRODARTBOOKS 47.20 AP- 00188399 9/18/2002 BRODARTBOOKS 203.24 AP - 00188399 9/18/2002 BRODART BOOKS 14.71 AP- 00188399 9/18/2002 BRODART BOOKS 283.11 AP- 00188399 9/18/2002 BRODART BOOKS 45.97 AP-00188399 9/18/2002 BRODARTBOOKS 17.17 AP- 00188399 9/18/2002 BRODARTBOOKS 105.26 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODARTBOOKS 20.90 AP- 00188399 9/18/2002 BRODART BOOKS 43.58 AP ~00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 9.37 AP-00188399 9/18/2002 BRODARTBOOKS 29.90 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 11.53 AP ~ 00188399 9/18/2002 BRODART BOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 6.84 AP-00188399 9/18/2002 BRODARTBOOKS 20.90 AP - 00188399 9/18/2002 BRODART BOOKS 9.37 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 34.21 AP - 00188399 9/18/2002 BRODART BOOKS 69.17 AP-00188399 9/18/2002 BRODARTBOOKS 23.06 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 11.53 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP - 00188399 9/18/2002 BRODART BOOKS 16.22 AP- 00188399 9/18/2002 BRODART BOOKS 14.07 AP - 00188399 9/18/2002 BRODART BOOKS 60.93 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 9.37 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 23.44 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODARTBOOKS 9.37 User: ahunsber - Ann Hunsberger Page: 15 Current Date: 09/25/~ Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, /.5 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188399 9/18/2002 BRODART BOOKS 9.37 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 42.19 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 9.37 AP-00188399 9/18/2002 BRODARTBOOKS 9.37 AP-00188399 9/18/2002 BRODARTBOOKS 14.07 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 18.75 AP-00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 28.12 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 18.75 AP - 00188399 9/18/2002 BRODART BOOKS 14.07 AP- 00188399 9/18/2002 BRODARTBOOKS 14.07 AP-00188399 9/18/2002 BRODARTBOOKS 13.68 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 11.53 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 11.53 AP- 00188399 9/18/2002 BRODARTBOOKS 28.12 AP-00188399 9/18/2002 BRODARTBOOKS 13.68 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP ~ 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 34.96 AP - 00188399 9/18/2002 BRODART BOOKS 27.75 AP- 00188399 9/18/2002 BRODART BOOKS 25.59 AP-00188399 9/18/2002 BRODARTBOOKS 48.40 AP- 00188399 9/18/2002 BRODARTBOOKS 146.22 AP-00188399 9/18/2002 BRODARTBOOKS 14.07 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 154.19 AP - 00188399 9/18/2002 BRODART BOOKS 23.44 AP- 00188399 9/18/2002 BRODART BOOKS 14.07 AP- 00188399 9/18/2002 BRODART BOOKS 41.81 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 78.55 AP- 00188399 9/18/2002 BRODART BOOKS 14.07 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 27.75 AP- 00188399 9/18/2002 BRODARTBOOKS 6.84 AP-00188399 9/18/2002 BRODARTBOOKS 9.37 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 34.96 AP- 00188399 9/I8/2002 BRODART BOOKS 34.59 AP- 00188399 9/18/2002 BRODART BOOKS 38.90 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 User: ahtmsber - Ann Hunsberger Page: 16 Current Date: 09/25/~ Report:CK_AGENDA KEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, /6 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 11.53 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 9.37 AP-00188399 9/18/2002 BRODARTBOOKS 9.37 AP - 00188399 9/18/2002 BRODART BOOKS 14.07 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 20.53 AP - 00188399 9/18/2002 BRODART BOOKS 4.68 AP 00188399 9/18/2002 BRODARTBOOKS 9.37 AP 00188399 9/18/2002 BRODARTBOOKS 4.68 AP 00188399 9/18/2002 BRODARTBOOKS 25.21 AP 00188399 9/18/2002 BRODARTBOOKS 41.05 AP 00188399 9/18/2002 BRODARTBOOKS 78.93 AP 00188399 9/18/2002 BRODARTBOOKS 13.68 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODARTBOOKS 18.38 AP-00188399 9/18/2002 BRODARTBOOKS 50.43 AP- 00188399 9/18/2002 BRODART BOOKS 16.22 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP-00188399 9/18/2002 BRODARTBOOKS 13.68 AP- 00188399 9/18/2002 BRODARTBOOKS 9.37 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 11.53 AP- 00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 6.84 AP- 00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODARTBOOKS 9.37 AP- 00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 116.69 AP-00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODARTBOOKS 6.84 AP - 00188399 9/18/2002 BRODART BOOKS 9.37 AP- 00188399 9/18/2002 BRODARTBOOKS 6.84 AP- 00188399 9/18/2002 BRODART BOOKS 4.68 AP - 00188399 9/18/2002 BRODART BOOKS 14.07 AP- 00188399 9/18/2002 BRODARTBOOKS 64.12 AP- 00188399 9/18/2002 BRODART BOOKS 25.59 AP- 00188399 9/18/2002 BRODART BOOKS 11.53 User: ahunsber - Ann Hunsberger Page: 17 Current Date: 09/25/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP-00188399 9/18/2002 BRODARTBOOKS 4.68 AP- 00188399 9/18/2002 BRODART BOOKS 25.21 AP-00188399 9/18/2002 BRODARTBOOKS 290.61 AP - 00188399 9/18/2002 BRODART BOOKS 568.92 AP - 00188399 9/18/2002 BRODART BOOKS 56.24 AP-00188399 9/18/2002 BRODARTBOOKS 37.50 AP - 00188399 9/18/2002 BRODART BOOKS 287.74 AP-00188399 9/18/2002 BRODARTBOOKS 48.42 AP-00188399 9/18/2002 BRODARTBOOKS 15.93 AP- 00188399 9/18/2002 BRODARTBOOKS 10.32 AP- 00188399 9/18/2002 BRODART BOOKS 333.63 AP - 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00188399 9/18/2002 BRODART BOOKS 100.37 AP- 00188399 9/18/2002 BRODART BOOKS 101.00 AP- 00188399 9/18/2002 BRODART BOOKS 117.43 AP- 00188399 9/18/2002 BRODART BOOKS 31.91 AP-00188399 9/18/2002 BRODARTBOOKS 291.38 AP-00188399 9/18/2002 BRODARTBOOKS 9.66 AP- 00188399 9/18/2002 BRODARTBOOKS 72.68 AP- 00188399 9/18/2002 BRODART BOOKS 103.42 AP-00188399 9/18/2002 BRODARTBOOKS 17,529.85 AP- 00188399 9/18/2002 BRODART BOOKS 12.25 AP- 00188400 9/18/2002 BURTRONICS BUSINESS SYSTEMS 146.52 AP- 00188401 9/18/2002 BUSINESS PRESS 180.00 AP - 00188402 9/18/2002 CABOT INDUSTRIAL TRUST 79.97 AP - 00188403 9/18/2002 CAL PERS LONG TERM CARE 259.38 User: ahunsber - Ann Hunsberger Page: 18 Current Date: 09/25/5 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 tluough 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188404 9/18/2002 CALBO 115.00 AP - 00188405 9/18/2002 CALIFORNIA STATIONERS 34.46 AP-00188406 9/18/2002 CALSENSE 436.25 AP-00188406 9/18/2002 CALSENSE 101.21 AP 00188407 9/18/2002 CAMERON WELDING SUPPLY 13.73 AP 00188408 9/18/2002 CANNON, JOHN 42.71 AP 00188409 9/18/2002 CHARTER MEDIA 1,241.60 AP 00188409 9/18/2002 CHARTER MEDIA 540.80 AP 00188410 9/18/2002 CISNEROS, CORY 237.50 AP 00188411 9/18/2002 CITY RENTALS 135.00 AP 00188411 9/18/2002 CITY RENTALS 225.00 AP 00188412 9/18/2002 CIVIC SOLUTIONS 8,064.00 AP-00188413 9/18/2002 CLARK, DEBORAH 28.03 AP-00188414 9/18/2002 CLASSICSTITCHWEAR 335.77 AP- 00188414 9/18/2002 CLASSIC STITCHWEAR 44.64 AP-00188414 9/18/2002 CLASSIC STITCHWEAR 1,547.83 AP- 00188415 9/18/2002 CONRAD BUSINESS SERVICES 1NC 8,700.00 AP - 00188416 9/18/2002 CPRS 1,120.00 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 12,108.72 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 132.84 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 76.58 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 113.57 AP ~ 00188418 9/18/2002 CUCAMONGA CO WATERDIST 1,666.91 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 3,975.63 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,083.03 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,438.35 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 107.82 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 584.38 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 785.23 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 297.01 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,851.23 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 152.12 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,998.57 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,468.12 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 962.39 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,419.71 AP - 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Ann Hunsberger Page: 19 Current Date: 09/25/~ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 103.56 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 161.72 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 981.96 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 216.52 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 561.72 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 994.32 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 354.69 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 21.99 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,684.06 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 24.05 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 469.02 AP- 00188418 9/18/2002 CUCAMONGA CO WATERDIST 2,450.15 AP- 00188418 9/18/2002 CUCAMONGA CO WATERDIST 951.06 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 88.94 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 1,383.66 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 125.67 AP- 00188418 9/18/2002 CUCAMONGA CO WATER DIST 130.82 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 854.75 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 349.09 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 760.15 AP - 00188418 9/18/2002 CUCAMONGA CO WATER DIST 941.44 AP - 00188419 9/18/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 1,400.00 AP- 00188420 9/18/2002 DICK, ERIC 50.00 AP- 00188420 9/18/2002 DICK, ERIC 50.00 AP- 00188421 9/18/2002 DIRECT EDGE INC 147.07 AP- 00188422 9/18/2002 DIRECTV 34.02 AP - 00188423 9/18/2002 DJL AUDIO 1,621.90 AP - 00188423 9/18/2002 DJL AUDIO 5.80 AP - 00188424 9/18/2002 ELMO DATA SUPPLY [NC 228.88 AP-00188425 9/18/2002 ESGILCORPORATION 28,325.88 AP 00188426 9/18/2002 ETIWANDA SCHOOL DISTRICT 1,155.00 AP 00188426 9/18/2002 ETIWANDA SCHOOL DISTRICT 1,540.00 AP 00188427 9/18/2002 FEDERAL EXPRESS CORP 20.06 AP 00188427 9/18/2002 FEDERAL EXPRESS CORP 18.78 AP 00188427 9/18/2002 FEDERAL EXPRESS CORP 14.56 AP 00188427 9/18/2002 FEDERAL EXPRESS CORP 18.74 AP 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 453.60 AP 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 729.20 AP 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 680.00 AP- 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 729.20 AP- 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 680.00 AP- 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 396.00 AP - 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 729.20 AP- 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 453.60 AP- 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 453.60 AP- 00188428 9/18/2002 FINESSE PERSONNEL ASSOCIATES 792.00 AP ~ 00188429 9/18/2002 FINGERPRINT AMERICA 1,894.60 AP - 00188430 9/18/2002 FULLMER CONSTRUCTION 1,000.00 AP - 00188431 9/18/2002 GADABOUT TOURS [NC 1,754.80 AP- 00188432 9/18/2002 GADABOUT TOURS [NC 500.00 User: ahunsber - Ann Hunsberger Page: 20 Current Date: 09/255 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188433 9/18/2002 GADABOUT TOURS INC 2,201.40 AP- 00188434 9/18/2002 GADABOUT TOURS INC 1,618.20 AP- 00188435 9/18/2002 GAIBA, JOSEPH 259.00 AP- 00188436 9/18/2002 GALE GROUP,THE 147.62 AP- 00188436 9/18/2002 GALE GROUP,THE 148.43 AP- 00188436 9/18/2002 GALE GROUP,THE 95.18 AP- 00188436 9/18/2002 GALEGROUP,THE 95.18 AP- 00188437 9/18/2002 GARCIA, VIVIAN 26.65 AP- 00188438 9/18/2002 GOLDN WEST SURPLUS 171.00 AP - 00188439 9/18/2002 GONSALVES AND SON,JOE A 2,500.00 AP- 00188440 9/18/2002 GUARDIAN 2,963.44 AP- 00188441 9/18/2002 HAAKER EQUIPMENT CO 214.39 AP - 00188442 9/18/2002 HARALAMBOS BEVERAGE COMPANY 292.14 AP - 00188443 9/18/2002 HAVEN BUILDING MATERIALS 51.29 AP- 00188444 9/18/2002 HCS CUTLER STEEL CO 116.20 AP- 00188445 9/18/2002 HIGHSMITH CO 1NC 47.53 AP - 00188446 9/18/2002 HOLLIDAY ROCK CO INC 2,365.29 AP - 00188446 9/18/2002 HOLLIDAY ROCK CO INC 663.23 AP - 00188446 9/18/2002 HOLLIDAY ROCK CO INC 203.27 AP- 00188447 9/18/2002 HOLTS AUTO ELECTRIC 263.99 AP- 00188448 9/18/2002 HOME DEPOT/GECF, THE 60.77 AP- 00188448 9/18/2002 HOME DEPOT/GECF, THE 261.63 AP ~ 00188448 9/18/2002 HOME DEPOT/GECF, THE -23.67 AP- 00188448 9/18/2002 HOME DEPOT/GECF, THE -340.49 AP- 00188448 9/18/2002 HOME DEPOT/GECF, THE 64.22 AP- 00188448 9/18/2002 HOME DEPOT/GECF, THE 79.57 AP- 00188449 9/18/2002 HOOD, KARYE 9.20 AP- 00188450 9/18/2002 HOSEMAN INC 175.29 AP- 00188450 9/18/2002 HOSE MAN INC 40.73 AP - 00188451 9/18/2002 HOYT LUMBER CO, S M 77.58 AP- 00188451 9/18/2002 HOYT LUMBER CO, S M 72.41 AP - 00188451 9/18/2002 HOYT LUMBER CO, S M 217.22 AP - 00188451 9/18/2002 HOYT LUMBER CO, S M 9.68 AP - 00188451 9/18/2002 HOYT LUMBER CO, S M -149.99 AP- 00188451 9/18/2002 HOYT LUMBER CO, S M 44.23 AP-00188452 9/18/2002 HRSUSA 49.63 AP - 00188453 9/18/2002 HULS ENVIRONMENTAL MGT LLC 7,762.50 AP- 00188454 9/18/2002 ICI DULUX PAINT CENTERS 1,026.10 AP - 00188455 9/18/2002 INLAND EMPIRE TOURS AND TRANSPORTATIC 325.00 AP - 00188456 9/18/2002 INLAND VALLEY DAILY BULLETIN 132.72 AP - 00188456 9/18/2002 INLAND VALLEY DAILY BULLETIN 214.40 AP- 00188456 9/18/2002 INLAND VALLEY DAILY BULLETIN 132.72 AP - 00188456 9/18/2002 INLAND VALLEY DAILY BULLETIN 227.56 AP - 00188456 9/18/2002 INLAND VALLEY DAILY BULLETIN 288.52 AP - 00188457 9/18/2002 INLAND VALLEY DAILY BULLETIN 160.80 AP- 00188457 9/18/2002 INLAND VALLEY DAILY BULLETIN 160.80 AP- 00188458 9/18/2002 INLAND WHOLESALE NURSERY 193.95 AP - 00188459 9/18/2002 JACOBSEN DIVISION OF TEXTRON INC 161.67 AP ~ 00188459 9/18/2002 JACOBSEN DIVISION OF TEXTRON INC 104.65 AP - 00188459 9/18/2002 JACOBSEN DIVISION OF TEXTRON INC 225.00 AP - 00188460 9/18/2002 JANIKOWSKI PLUMBING INC 1,000.00 AP ~ 00188461 9/18/2002 JOHNSTONE SUPPLY 88.30 AP- 00188462 9/18/2002 KAMRANI, JOSEPH 100.00 AP- 00188463 9/18/2002 KDC PIPE 1,185.25 User: ahunsber - Ann Hunsberger Page: 21 Current Date: 09/25/~ Report:CK_AGENDA PEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188463 9/18/2002 KDC PIPE 0.11 AP - 00188464 9/18/2002 KOCH MATERIALS COMPANY 209.16 AP - 00188465 9/18/2002 KOOL MAGIC AWNING 230.50 AP - 00188466 9/18/2002 KORANDA CONSTRUCTION 7,419.60 AP - 00188466 9/18/2002 KORANDA CONSTRUCTION 4,612.50 AP- 00188467 9/18/2002 KRAMER, STEVE 500.00 AP - 00188468 9/18/2002 L A KINGS 2,355.00 AP- 00188469 9/18/2002 LAB SAFETY SUPPLY INC 52.36 AP- 00188470 9/18/2002 LAM, JACK 200.00 AP- 00188471 9/18/2002 LAWSON PRODUCTS INC 115.56 AP - 00188472 9/18/2002 LEAGUE OF CALIFORNIA CITIES 895.00 AP - 00188473 9/18/2002 LEAGUE OF CALIFORNIA CITIES 30.00 AP - 00188473 9/18/2002 LEAGUE OF CALIFORNIA CITIES 30.00 AP- 00188473 9/18/2002 LEAGUE OF CALIFORNIA CITIES 30.00 AP - 00188473 9/18/2002 LEAGUE OF CALIFORNIA CITIES 30.00 AP- 00188474 9/18/2002 LILSTITCH 348.03 AP - 00188475 9/18/2002 LOS ANGELES COCA COLA BTL CO 387.50 AP - 00188475 9/18/2002 LOS ANGELES COCA COLA BTL CO 200.59 AP-00188476 9/18/2002 MANELA, ROSIE 14.00 AP- 00188476 9/18/2002 MANELA, ROSIE 19.37 AP - 00188477 9/18/2002 MARINA LANDSCAPE INC 1,000.00 AP - 00188478 9/18/2002 MCMURRAY AND STERN INC 499.00 AP- 00188479 9/18/2002 MIDWEST TAPE 11.99 AP-00188479 9/18/2002 MIDWEST TAPE 252.88 AP- 00188479 9/18/2002 MIDWEST TAPE 188.92 AP - 00188480 9/18/2002 MOBILE MODULAR MANAGEMENT CORP 808.13 AP- 00188481 9/18/2002 MOBILE STORAGE GROUP INC 144.68 AP- 00188482 9/18/2002 MONEY MATTERS 3,600.00 AP - 00188482 9/18/2002 MONEY MATTERS 3,600.00 AP - 00188483 9/18/2002 MORALES, MICHAEL 37.60 AP ~ 00188484 9/18/2002 MULLIN, SHEPPARD 9,070.85 AP-00188485 9/18/2002 MYERS, JEFF 698.33 AP- 00188486 9/18/2002 NAPAAUTO PARTS 196.79 AP 00188486 9/18/2002 NAPA AUTO PARTS 41.33 AP 00188486 9/18/2002 NAPA AUTO PARTS 45.41 AP 00188486 9/18/2002 NAPA AUTO PARTS 49.72 AP 00188486 9/18/2002 NAPA AUTO PARTS 152.37 AP 00188486 9/18/2002 NAPAAUTO PARTS 74.24 AP 00188486 9/18/2002 NAPA AUTO PARTS 187.59 AP 00188486 9/18/2002 NAPA AUTO PARTS 248.58 AP 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS 1NC 525.40 AP 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS INC 16.68 AP 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS 1NC 16.68 AP- 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS INC 68.93 AP - 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS INC 16.68 AP - 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS INC 68.93 AP - 00188487 9/18/2002 NATIONAL CONSTRUCTION RENTALS INC 19.90 AP- 00188488 9/18/2002 NATIONS RENT 18.86 AP- 00188488 9/18/2002 NATIONS RENT 80.03 AP-00188488 9/18/2002 NATIONSRENT 97.89 AP- 00188488 9/18/2002 NATIONS RENT 24.24 AP- 00188488 9/18/2002 NATIONS RENT 86.20 AP - 00188489 9/18/2002 NRPA 365.00 AP - 00188491 9/18/2002 OFFICE DEPOT 110.06 User: ahunsber - Ann Hnnsberger Page: 22 Current Date: 09/25/~ Report:CK_AGENDA REG PORTRAITRC - CK: Agenda Check Register Por~'ait Layout Time: 11:4, f2 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 tluough 9/24/2002 Check No. Check Date Vendor Name Amount AP-00188491 9/18/2002 OFFICE DEPOT 72.66 AP- 00188491 9/18/2002 OFFICE DEPOT 2.11 AP-00188491 9/18/2002 OFFICE DEPOT 159.80 AP - 00188491 9/18/2002 OFFICE DEPOT 46.28 AP - 00188491 9/18/2002 OFFICE DEPOT 66.09 AP-00188491 9/18/2002 OFFICE DEPOT -2.08 AP- 00188491 9/18/2002 OFFICE DEPOT 153.35 AP- 00188491 9/18/2002 OFFICE DEPOT 21.84 AP-00188491 9/18/2002 OFFICE DEPOT 173.62 AP ~00188491 9/18/2002 OFFICE DEPOT 10.60 AP-00188491 9/18/2002 OFFICE DEPOT 41.91 AP-00188491 9/18/2002 OFFICE DEPOT 3.17 AP- 00188491 9/18/2002 OFFICE DEPOT 97.49 AP-00188491 9/18/2002 OFFICE DEPOT 139.10 AP- 00188491 9/18/2002 OFFICE DEPOT 51.85 AP- 00188491 9/18/2002 OFFICE DEPOT 57.56 AP- 00188491 9/18/2002 OFFICE DEPOT 61.25 AP- 00188491 9/18/2002 OFFICE DEPOT 10.31 AP- 00188491 9/18/2002 OFFICE DEPOT 33.78 AP- 00188491 9/18/2002 OFFICE DEPOT 120.70 AP - 00188491 9/18/2002 OFFICE DEPOT 30.07 AP- 00188491 9/18/2002 OFFICE DEPOT 43.09 AP-00188491 9/18/2002 OFFICE DEPOT 25.92 AP-00188491 9/18/2002 OFFICE DEPOT 109.00 AP-00188491 9/18/2002 OFFICE DEPOT 228.70 AP- 00188491 9/18/2002 OFFICE DEPOT 28.79 AP- 00188491 9/18/2002 OFFICE DEPOT 28.79 AP- 00188491 9/18/2002 OFFICE DEPOT 28.79 AP-00188491 9/18/2002 OFFICE DEPOT 28.79 AP- 00188491 9/18/2002 OFFICE DEPOT 5.25 AP- 00188491 9/18/2002 OFFICE DEPOT 55.31 AP- 00188491 9/18/2002 OFFICE DEPOT 396.57 AP-00188491 9/18/2002 OFFICE DEPOT 383.56 AP- 00188491 9/18/2002 OFFICE DEPOT 5.91 AP-00188491 9/18/2002 OFFICE DEPOT -29.52 AP- 00188491 9/18/2002 OFFICE DEPOT 14.49 AP-00188491 9/18/2002 OFFICE DEPOT 36.96 AP-00188491 9/18/2002 OFFICE DEPOT 258.90 AP - 00188491 9/18/2002 OFFICE DEPOT 96.59 AP- 00188491 9/18/2002 OFFICE DEPOT 5.70 AP - 00188491 9/18/2002 OFFICE DEPOT 25.00 AP- 00188491 9/18/2002 OFFICE DEPOT 23.03 AP - 00188491 9/I8/2002 OFFICE DEPOT 16.01 AP- 00188491 9/18/2002 OFFICE DEPOT 6.57 AP- 00188492 9/18/2002 OLTMANS CONSTRUCTION CO 1,054.00 AP - 00188493 9/18/2002 OPEN APPS 1,900.00 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 38.98 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 7.52 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 6.45 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 40.90 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 98.00 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 8.93 AP- 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 26.34 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 44.09 User: ahunsber - Ann Hunsberger Page: 23 Current Date: 09/25/~ Report:CK_AGENDA_REG_PORTRAIT_RC _ CK: Agenda Check Register Portrait Layout Time: 11:4~ CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name. Amount AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 50.36 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 64.64 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 15.47 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 70.26 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 57.03 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 32.72 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 27.38 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 59.13 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 21.54 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 204.68 AP 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 40.92 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 60.81 AP - 00188494 9/18/2002 ORCHARD SUPPLY HARDWARE 150.00 AP- 00188495 9/18/2002 OWEN ELECTRIC 53.83 AP-00188495 9/18/2002 OWEN ELECTRIC 325.01 AP-00188495 9/18/2002 OWEN ELECTRIC 12.74 AP-00188495 9/18/2002 OWEN ELECTRIC 39.89 AP - 00188496 9/18/2002 PACIFIC BUSINESS CAPITAL CORP 159.00 AP - 00188497 9/18/2002 PACIFIC EQUIP AND IRRIGATION INC 56.78 AP - 00188497 9/18/2002 PACIFIC EQUIP AND IRRIGATION INC 27.36 AP- 00188498 9/18/2002 PACIFICARE OF CALIFORNIA 49,510.41 AP-00188499 9/18/2002 PARSAC 37,815.50 AP- 00188500 9/18/2002 PATTON SALES CORP 6.68 AP- 00188500 9/18/2002 PATTON SALES CORP 219.26 AP-00188501 9/18/2002 PEPBOYS 61.61 AP-00188501 9/18/2002 PEP BOYS 68.05 AP- 00188501 9/18/2002 PEPBOYS 27.24 AP- 00188502 9/18/2002 PETES ROAD SERVICE INC 558.37 AP- 00188502 9/18/2002 PETES ROAD SERVICE INC 159.39 AP - 00188502 9/18/2002 PETES ROAD SERVICE INC 47.33 AP- 00188502 9/18/2002 PETES ROAD SERVICE INC 10.78 AP- 00188502 9/18/2002 PETES ROAD SERVICE INC 75.00 AP - 00188502 9/18/2002 PETES ROAD SERVICE ]NC 49.57 AP - 00188502 9/18/2002 PETES ROAD SERVICE INC 199.11 AP- 00188502 9/18/2002 PETES ROAD SERVICE INC 323.95 AP-00188503 9/18/2002 PMI 1,224.16 AP- 00188504 9/18/2002 POMA DISTRIBUTING CO 1,573.84 AP - 00188505 9/18/2002 POMONA INLAND VALLEY COUNCIL OF CHUR~ 809.25 AP - 00188506 9/18/2002 POWER K TRUCK HYDRAULICS 1,838.79 AP- 00188507 9/18/2002 PRAXAIRDISTRIBUTION ]NC 135.55 AP- 00188507 9/18/2002 PRAXAIRDISTRIBUTION INC 56.30 AP- 00188507 9/18/2002 PKAXAIRDISTRIBUTION ]NC 56.30 AP - 00188508 9/18/2002 PRAXAIR DISTRIBUTION INC 10.10 AP - 00188508 9/18/2002 PRAXAIR DISTRIBUTION INC 31.32 AP- 00188509 9/18/2002 PROTECTION SERVICE INDUSTRIES 236.30 AP- 00188509 9/18/2002 PROTECTION SERVICE INDUSTRIES 263.55 AP- 00188510 9/18/2002 PRUDENTIAL OVERALL SUPPLY 7.00 AP- 00188510 9/18/2002 PRUDENTIAL OVERALL SUPPLY 7.00 AP - 00188510 9/18/2002 PRUDENTIAL OVERALL SUPPLY 15.62 AP - 00188511 9/18/2002 QUINLAN PUBLISHING COMPANY 135.60 AP - 00188512 9/18/2002 R J M DESIGN GROUP INC 9,106.82 I AP - 00188512 9/18/2002 R J M DESIGN GROUP INC 1,350.55 AP- 00188513 9/18/2002 R.J. KIMBALL CONSTRUCTION 500.00 AP - 00188514 9/18/2002 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 User: ahunsber - Ann Hunsberger Page: 24 Current Date: 09/25/~ Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, 2q CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188514 9/18/2002 RANCHO CUCAMONGA CHAMBER OF COMME] 15.00 AP - 00188514 9/18/2002 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00188514 9/18/2002 RANCHO CUCAMONGA CHAMBER OF COMME] 15.00 AP- 00188515 9/18/2002 RANCHO TRANSMISSION SERVICE 2,144.05 AP - 00188516 9/18/2002 RAULS AUTO TRIM [NC 225.81 AP - 00188516 9/18/2002 RAULS AUTO TRIM 1NC 225.81 AP- 00188517 9/18/2002 RENAISSANCE LONGBEACH 65.92 AP- 00188518 9/18/2002 RENAISSANCE LONGBEACH 315.84 AP - 00188519 9/18/2002 RENAISSANCE LONG BEACH 315.84 AP- 00188520 9/18/2002 RENAISSANCE LONG BEACH 315.84 AP- 00188521 9/18/2002 RENAISSANCE LONG BEACH 157.92 AP-00188522 9/18/2002 RHTECHNOLOGY 1,024.00 AP - 00188523 9/18/2002 RIVERSIDE BLUEPRINT 5.00 AP - 00188524 9/18/2002 ROTH STAFFING COMPANIES INC 285.60 AP- 00188525 9/18/2002 SAFETY FIRST 277.99 AP- 00188526 9/18/2002 SAN BERN COUNTY 36,096.73 AP - 00188526 9/18/2002 SAN BERN COUNTY 32,586.11 AP - 00188527 9/18/2002 SAN BERN COUNTY 2,800.00 AP - 00188528 9/18/2002 SAN BERNARDINO, COUNTY OF 48.05 AP - 00188529 9/18/2002 SANDOVAL PIPELINE ENGINEERING 45.00 AP- 00188530 9/18/2002 SBC/PACIFICBELL 1,375.03 AP- 00188530 9/18/2002 SBC/PACIFIC BELL 1,122.58 AP-00188530 9/18/2002 SBC/PACIFICBELL 4,622.39 AP - 00188531 9/18/2002 SCHNEIDER, DANIEL 150.00 AP- 00188532 9/18/2002 SEA LODGE HOTEL 596.72 AP - 00188533 9/18/2002 SHALIMAR TOURS AND CHARTER 203.00 AP - 00188533 9/18/2002 SHALIMAR TOURS AND CHARTER 90.22 AP - 00188533 9/18/2002 SHALIMAR TOURS AND CHARTER 157.88 AP- 00188534 9/18/2002 SHOETERIA 1ND INC 140.06 AP- 00188535 9/18/2002 SIENA HOTEL SPA CASINO 66.97 AP - 00188536 9/18/2002 SIENA HOTEL SPA CASINO 267.86 AP- 00188537 9/18/2002 SIENA HOTEL SPA CASINO 133.93 AP- 00188538 9/18/2002 SIMPLOT PARTNERS 101.29 AP - 00188539 9/18/2002 SMART AND FINAL 56.95 AP- 00188539 9/18/2002 SMARTAND FINAL 410.66 AP - 00188540 9/18/2002 SOUTHERN CALIFORNIA EDISON 2,549.09 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00188544 9/I8/2002 SOUTHERN CALIFORNIA EDISON 15.13 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.93 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.93 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.93 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.93 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.72 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.73 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 99.67 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 81.77 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 15.06 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.75 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.72 User: ahunsber - Ann Hunsberger Page: 25 Current Date: 09/25/7, Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 32.78 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 143.90 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 140.61 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 65.75 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 126.14 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 137.94 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 142.39 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 302.94 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 49.34 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 121.68 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 127.23 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 137.28 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 182.60 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 117.02 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 93.68 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 152.63 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 195.97 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.95 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.72 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.24 AP- 00188544 9/18/2002 SOUTH~ERN CALIFORNIA EDISON 13.25 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.28 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.85 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.05 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 15.14 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 15.14 AP 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.07 AP 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 93.94 AP 00188544 9/18/2002 SOUTHERN CAL1FORNIA EDISON 13.79 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 64.30 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 57.31 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.52 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 57.91 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 3,845.56 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 4,894.42 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 111.27 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 165.63 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 122.89 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 123.95 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 109.04 User: ahunsber- Ann Htmsberger Page: 26 Current Date: 09/25/2 Report:CK AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portxait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 145.09 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 135.56 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 14.13 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.75 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 131.10 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 105.05 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 53.61 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 25.33 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 32.09 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 19.16 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 25.16 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 43.28 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 17.44 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.20 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 123.15 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 58.11 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 18.53 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 129.23 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 34.84 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 19.32 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 14.15 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.06 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.95 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 14.15 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 17.91 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 18.29 AP- 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 14.71 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00188544 9/18/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 456.81 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 5,224.90 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 49.55 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 28.87 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 2,956.09 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 2,397.51 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 37,799.34 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 8.82 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 41.33 User: ahunsber - Ann Hnnsberger Page: 27 Current Date: 09/25/~ Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4~ CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 46.03 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 52.16 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 48.77 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 6,049.08 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 12,120.96 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 4,212.90 AP- 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00188545 9/18/2002 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00188546 9/18/2002 SPAIN JR, WILLIAM V 262.50 AP - 00188546 9/18/2002 SPAIN JR, WILLIAM V 75.00 AP - 00188547 9/18/2002 STEELWORKERS OLDT1MERS FOUNDATION 708.33 AP - 00188547 9/18/2002 STEELWORKERS OLDTIMERS FOUNDATION 1,683.95 AP- 00188548 9/18/2002 STERICYCLEINC 494.05 AP-00188548 9/18/2002 STERICYCLE[NC 494.05 AP - 00188548 9/18/2002 STERICYCLE INC 494.05 AP-00188548 9/18/2002 STERICYCLEINC 96.98 AP - 00188548 9/18/2002 STERICYCLE INC 96.98 AP - 00188548 9/18/2002 STERICYCLE [NC 96.98 AP - 00188548 9/18/2002 STERICYCLE [NC 96.98 AP- 00188548 9/18/2002 STERICYCLEINC 494.05 AP- 00188548 9/18/2002 STERICYCLE[NC 494.05 AP - 00188549 9/18/2002 SUNGARD BI TECH [NC 2,312.50 AP-00188550 9/18/2002 SUNRISE FORD 70.12 AP- 00188550 9/18/2002 SUNRISE FORD 65.81 AP- 00188550 9/18/2002 SUNRISE FORD 32.48 AP-00188551 9/18/2002 SYMPROINC 1,299.63 AP - 00188552 9/18/2002 T AND D INSTALLATIONS 999.09 AP- 00188553 9/18/2002 TIME WARNER TELECOM 1,250.00 AP- 00188554 9/18/2002 TOPOR STEVE JR 1,000.00 AP - 00188555 9/18/2002 TRUGREEN LANDCARE REGIONAL 9,209.00 AP- 00188555 9/18/2002 TRUGREEN LANDCARE REGIONAL 15,226.50 AP - 00188556 9/18/2002 TURCH AND ASSOCIATES, DAVID 12,000.00 AP ~ 00188557 9/18/2002 ULTIMATE OFFICE 1,326.75 AP-00188558 9/18/2002 ULTIMATE OFFICE 86.60 AP- 00188559 9/18/2002 UMPS ARE US ASSOCIATION 80.00 AP- 00188559 9/18/2002 UMPS ARE US ASSOCIATION 260.00 AP- 00188559 9/18/2002 UMPS ARE US ASSOCIATION 2,185.00 AP - 00188560 9/18/2002 UNDERGROUND SVC ALERT OF SO CAL 287.50 AP - 00188560 9/18/2002 UNDERGROUND SVC ALERT OF SO CAL 287.50 AP- 00188561 9/18/2002 UNITED PARCEL SERVICE 39.54 AP- 00188561 9/18/2002 UNITED PARCEL SERVICE 26.24 AP- 00188562 9/18/2002 VEND U VENDING 194.89 AP-00188564 9/18/2002 VERIZON CALIFORNIA 38.24 AP-00188564 9/18/2002 VERIZONCALIFORNIA 29.85 AP-00188564 9/18/2002 VERIZONCALIFORNIA 89.34 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 28.68 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 31.33 AP-00188564 9/18/2002 VERIZONCALIFORNIA 89.61 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 22.67 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 27.73 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 126.76 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 31.83 User: ahunsber - Ann Hunsberger Page: 28 Current Date: 09/25/2 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Porn'air Layout Time: 11:4~ CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188564 9/18/2002 VERIZONCALIFORNIA 89.61 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 40.56 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 40.56 AP-00188564 9/18/2002 VERIZONCALIFORN1A 91.01 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 28.73 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 134.74 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 90.98 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 28.15 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 22.66 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 177.54 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 31.35 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 40.77 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 28.70 AP ~00188564 9/18/2002 VERIZONCALIFORNIA 43.27 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 32.41 AP- 00188564 9/18/2002 VERIZONCALIFORNIA 172.62 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 35.47 AP-00188564 9/18/2002 VERIZON CALIFORNIA 129.21 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 29.24 AP-00188564 9/18/2002 VERIZONCALIFORNIA 89.61 AP - 00188564 9/18/2002 VER1ZON CALIFORNIA 89.60 AP-00188564 9/18/2002 VERIZONCALIFORNIA 91.00 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 90.54 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP - 00188564 9/18/2002 VEILIZON CALIFORNIA 89.61 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 90.98 AP-00188564 9/18/2002 VERIZONCALIFORNIA 91.01 AP-00188564 9/18/2002 VERIZONCALIFORNIA 89.61 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 91.01 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 27.73 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 43.26 AP- 00188564 9/18/2002 VERIZONCALIFORNIA 56.31 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 28.16 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 64.85 AP ~00188564 9/18/2002 VERIZON CALIFORNIA 27.75 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 28.86 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 89.61 AP - 00188564 9/18/2002 VERIZON CALIFORNIA 89.60 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 89.61 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 28.69 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 169.81 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 93.53 AP- 00188564 9/18/2002 VERIZONCALIFORNIA 158.39 AP- 00188564 9/18/2002 VERIZON CALIFORNIA 1,289.77 AP- 00188565 9/18/2002 VERIZON CALIFORNIA 37.45 AP- 00188566 9/18/2002 VERIZON WIRELESS 10.00 AP- 00188566 9/18/2002 VERIZON WIRELESS 87.82 AP - 00188566 9/18/2002 VERIZON WIRELESS 24.05 AP- 00188566 9/18/2002 VERIZON WIRELESS 24.25 User: ahunsber - Ann Hunsberger Page: 29 Current Date: 09/25/2 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portxait Layout Time: 11:4, CITY OF RANCHO CUCAMONGA Agenda Check Register 9/6/2002 through 9/24/2002 Check No. Check Date Vendor Name Amount AP- 00188567 9/18/2002 VIDEO COMMUNICATIONS 227.21 AP- 00188568 9/18/2002 VIGILANCE, TERRENCE 300.00 AP-00188569 9/18/2002 VISTAPAINT 573.06 AP- 00188570 9/18/2002 WORLDCOM 8.02 AP-00188571 9/18/2002 XER.OXCORPORATION 240.26 AP-00188571 9/18/2002 XEROX CORPORATION 32.94 AP- 00188572 9/19/2002 BRUCE, INGRID 100.00 AP - 00188573 9/19/2002 ORCHARD SUPPLY HARDWARE 46.28 AP-00188574 9/19/2002 ABLAC 16.39 AP - 00188584 9/19/2002 CLABBY, SANDRA 1,000.00 AP - 00188587 9/19/2002 DE LEISE, JENAE 519.24 AP - 00188598 9/19/2002 MT BALDY LrNITED WAY 51.00 AP- 00188602 9/19/2002 NATIONAL DEFERRED 8,197.89 AP- 00188610 9/19/2002 RCPFA 4,128.74 Total for Check ID AP: 1,158,606.01 Total for Entity: 1,158,606.01 User: ahunsber - Ann Hunsberger Page: 30 Current Date: 09/25/,~ Report:CK AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:4, R A N C H O C U C A M O N G A 1~ NG1NEEI~ING DE PAE~THEN T S tf:f Report DATE: October 2, 2002 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Joe Stofa Jr., Associate Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2001-00345, LOCATED AT 7576 ETIWANDA AVENUE, SUBMITTED BY THE GARDENS RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving DRC2001-00345, accepting the subject agreement and security and ordering the maintenance annexations and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2001-00345, located at 7576 ETIWANDA AVENUE approved by the City Planner on November 14, 2001 for the development of a 20,318 square foot reception hall and banquet facility. The Developer, The Gardens, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance CASH $34,500.00 Labor and Material CASH: $17,250.00 Copies of the agreement and security are available in the City Clerk's Office CITY COUNCIL STAFF REPORT DR02001-00345 October 2, 2002 Page 2 Letters of approval have been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO.'JS:sc Attachment RESOLUTION NO. 02"' 2~) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAI JFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00345 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by The Gardens as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at 7576 Etiwanda Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DRC2001-00345; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2 That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. RESOLUTION NO. 02-- 2 ~ / ^ RESO ON C TY crrY RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2001-00345 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 2, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "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 XIlID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments 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 RESOLUTION NO. DRC2001-00345 October 2, 2002 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIlID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all tree 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 legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: THE GARDENS The legal description of the Property is: Etiwanda Colony Lands n 1/1 lots 9 and 10 Blk 5 (also know as 7576 Etiwanda Avenue). The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY): Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria Groves Park, Vintage Park, Windrows Park and Ellena Park. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY): Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally, this area encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of streetlights on local streets and traffic signals (or a portion thereof) on local streets within the Victoria Planned Community. B-1 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: DRC2001-00345 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 2 ......... SLD # 3 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L2 ......... 7 *Existing items installed with original project Assessment Units by District Parcel Acres S 1 S 3 L 2 Exhibit C Proposed Annual Assessment Fiscal Year 200212003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY): Thc rate per assessment unit (A.U.) is $422.00 for the fiscal year 2002/03. Thc following table summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned Community): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 5001 1.00 5001 $422.00 $2,110,422.00 Family Multi- Parcel 124 1.00 124 $422.00 $52,328.00 Family Corem/Ind. Acre 21.59 2.00 43.18 $422.00 $18,221.96 Vacant Acre 326.47 0.25 81.62 $422.00 $34,442.65 TOTAL $2,215,414.61 The Proposed Annual Assessment against the Property (DRC2001-00345) is: 9.7 Acres x 2 A.U. Factor x $422.00 Rate Per A.U. = $8,186.80 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment 1 .and lI~e ITnit Tyne Units l]nits gaetnr ITnits Ilnit Revenue Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (DRC2001-00345) is: 9.7 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $344.74 Annual Assessment Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): # of # of Rate Per Physical Physical Assessment Assessment Assessment I.and IT~e llnit Tyne llnit~ llnit~ gactnr IInit~ IInit R~venll~ Single Family Parcel 5001 1.00 5001 $47.15 $235,797.15 Multi- Unit 124 1.00 124 $47.15 $5,846.60 Family Commercial Acre 47.61 2.00 95.22 $47.15 $4,489.62 TOTAL $246,133.37 The Proposed Annual Assessment against the Property (DRC2001-00345) is: 9.7 Acres x 2 A.U. Factor x $47.15 Rate Per A.U. = $914.71 Annual Assessment c-2 I~ A N C H O C U C A M O N G A ~ NGIN E E I~IN G DI~PADT~I~N T S if:f Re rt DATE: October 2, 2002 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 LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP 14495, LOCATED ON THE SOUTHWEST CORNER OF WILSON AVENUE AND DAY CREEK BOULEVARD, SUBMITTED BY MBK HOMES LTD. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract Map 14495, accepting the subject agreement and security, ordering the annexation to Street Lighting Maintenance District Nos. 1 and 7 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BAC KG ROUND/ANALYSIS Tract 14495, located on the southwest corner of Wilson Avenue and Day Creek Boulevard, in the Rancho Etiwanda Revised University Development Project, was approved by the City Council on September 6, 2000, for the division of 250 acres into 685 lots. The City entered into a Development Agreement dated November 29, 2000, for the entire development. Tract 14495 is a part of the subject Development Agreement and Rancho Etiwanda project and is for the division of 15 acres into 58 lots. The homebuilder, MBK Homes, Ltd., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Pedormance Bond $510,700.00 Labor and Material Bond: $255,350.00 Monumentation Cash Deposit $ 5,350.00 CITY COUNCIL STAFF REPORT TRACT MAP 14495 October 2, 2002 Page 2 Copies of the agreement and security are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the owner, MBK Homes, Ltd., are on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:BAM:s¢ Attachments BOUNDARY OF ANNEXATION NORTH ~ NTS CITY OF ITEM: Tract /ffqe?~' RANCHO CUCAMONGA TITLE: Rancho Etiwanda ENGINEERING DIVISION EXHIBIT: Vicinity Map A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14495, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 14495, submitted by U.C.P. Incorporated as a part of the Rancho Etiwanda Revised University Development Agreement/Project and consisting of 58 lots located on the southwest comer of Banyan Street and Day Creek Boulevard, was approved by the City Council of the City of Rancho Cucamonga, on September 6, 2000, 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. 14495 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 MBK Homes, Ltd.; and WHEREAS, MBK Homes, Ltd., as Developer, submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. 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 Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 14495 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLHTION NO. O 2--' 2 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 7 FOR TRACT 14495 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (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 heating 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 X1YID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the 'q~erritory") 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 orms 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 /45 RESOLUTION NO. TRACT 14495 - MBK HOMES, LTD., October 2, 2002 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and 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 legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: MBK HOMES, LTD The legal description of the Property is: SEE "EXHIBIT ONE" ON PAGES A-2 AND A-3, ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART THEREOF The above-described parcels are shown on sheet A-4 attached herewith and by this reference made a part hereof. A-I TR 14495 q7 Order No. 9790350 - C EXHIBIT "ONE" TRACT NO. 14495 BEING A SUBDIVISION OF: PARCEL 3 OF CERTIFICATE OF COMPLIANCE NO. 496 FOR LOT LINE ADJUSTMENT RECORDED OCTOBER 31, 2001 AS INSTRUMENT/FILE NO. 20010496033 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 89° 24' 03" EAST, ALONG THE NORTHERLY LINE OF SAID WEST HALF, 240.04 FEET TO A POINT THE EASTERLY LINE OF THE WEST 240.00 FEET SAID NORTHWEST QUARTER, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH O0o 23' 58" EAST, ALONG SAID EASTERLY LINE, 821.12 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 89° 24' 03" EAST, 479.77 FEET; THENCE NORTH 00° 35' 57" EAST, 7.00 FEET; THENCE SOUTH 89° 24' 03" EAST, 253.13 FEET; THENCE NORTH 87° 19' 43" EAST, 70.11 FEET; THENCE SOUTH 89° 24' 03" EAST, 276.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID WEST HALF; THENCE NORTH 00o 17' 31" WEST, ALONG SAID EASTERLY LINE 810.10 FEET TO THE NORTHERLY LINE OF SAID SECTION 29; THENCE NORTH 89° 24' 03" WEST, ALONG SAID NORTHERLY LINE, 1080.78 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING AND RESERVING, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, MINERALS AND WATER UNDERLYING A PLANE PARALLEL TO AND 500 FEET, MEASURED VERTICALLY DOWNWARDS BELOW THE SURFACE OF THE LAND, WHICH PORTION IS HEREINAFTER REFERRED TO AS "SUBSURFACE LAND" TOGETHER WITH RIGHTS OF WAY, EASEMENTS AND SERVITUDES IN AND THROUGH SUBSURFACE LAND FOR THE PURPOSE OF EXERCISING CERTAIN RIGHTS WHICH INCLUDE BUT ARE NOT LIMITED TO THE RIGHT TO PROSPECT, EXPLORE, MINE, DRILL, PRODUCE, TAKE, TREAT, STORE AND REMOVE ALL SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, MINERALS AND WATER AND THE RIGHT TO INJECT IN AND REMOVE FROM SUBSURFACE LAND OIL, GAS, WATER OR OTHER FLUIDS FOR THE PURPOSE OF STORAGE, PRESSURE MAINTENANCE AND/OR SECONDARY RECOVERY OF SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND OTHERWISE TO DRILL, COMPLETE AND MAINTAIN WELLS INTO AND THROUGH SUBSURFACE LAND FROM SURFACE LOCATIONS OUTSIDE THE BOUNDARIES OF SAID LAND PROVIDED, HOWEVER, THAT SAID RIGHTS DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY, OR WITHIN 500 FEET MEASURED VERTICALLY DOWNWARDS BELOW THE SURFACE OF SAID REAL PROPERTY, AS RESERVED IN THE DEED FROM UNION OIL COMPANY OF CALIFORNIA, RECORDED MAY 28, 1976 IN BOOK 8937, PAGE 1547 OF OFFICIAL RECORDS. ALSO EXCEPTING WITHOUT RIGHT OF SURFACE ENTRY, AS A MINERAL INTEREST AND NOT AS A ROYALTY INTEREST, ALL OIL, GAS, OTHER MINERALS AND HYDROCARBON SUBSTANCES, AND ACCOMPANYING FLUIDS, BUT NOT BY WAY OF LIMITATION, ALL GEOTHERMAL RESOURCES IN, UNDER, OR PRODUCED AND SAVED FROM THE REAL PROPERTY GRANTED HEREIN, TOGETHER WITH ANY OF THE FOREGOING THAT MAY BE ALLOCATED THERETO PURSUANT TO ANY POOLING OR UNITIZATION AGREEMENT OR RATEABLE TAKINGS PROGRAM TO WHICH GRANTOR MAY SUBSCRIBE, AND TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL FOR, PRODUCE, AND REMOVE SUCH OIL, GAS, OTHER MINERALS AND HYDROCARBON SUBSTANCES, AND GEOTHERMAL RESOURCES, FROM SAID REAL PROPERTY BELOW Order No. 9790350 - C THE DEPTH OF 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY, INCLUDING THE RIGHT TO SLANT DRILL FROM ADJACENT PROPERTY, THE RIGHT TO UTILIZE SUBSURFACE STORAGE FOR NATURAL SUBSTANCES, AND THE RIGHT TO MAINTAIN SUBSURFACE PRESSURES AS RESERVED IN THE DEED FROM THE REGENT OF THE UNIVERSITY OF CALIFORNIA RECORDED FEBRUARY 21, 1997 AS INSTRUMENT NO. 97- 062043 OF OFFICIAL RECORDS. School Site 'BOUNDAR"~ OF ANN[XATION NORTH ~ NTS CITY OF ITEM: Tract RANCHO CUCAMONGA TITLE: Rancho Etiwanda ENGINEERING DIVISION /~ - 4// EXHIBIT: Vicini~r~)p Exhibit B To Description of the District Improvements Fiscal Year 2002]2003 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD gl)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated casements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA): Street Light Maintenance District No. 7 (SLD #7) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north 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 sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 14495 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 67* 22* SLD#7 11' SLD #7 +26 *Installed with Rancho Etiwanda backbone improvements B - 1 TR 14495 Exhibit C Proposed Annual Assessment Fiscal Year 200212003 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment land l~e l lnit Tyne l Tnit~ I Tnit~ ~'nat~r lTnit~ l~nit Reven,e Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (TR 14495) is: 58 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $1,030.66 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda): # of # of Rate Per Physical Physical Assessment Assessment Assessment I and ll~e lTnit Tyne lInit~ l/nit~ g'actor I Tnit~ Hnit Revenue Single Parcel 1084 1.00 1084 $33.32 $36,118.88 Family Comm/Ind Acre 5 2.00 10 $33.32 $333.00 TOTAL $36,452.08 The Proposed Annual Assessment against the Property (TR 14495) is: 58 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $1,932.56 Annual Assessment C- 1 TR 14495 R A N H O C U C A M O N G A ~ NGINI~I~I~IN G DI~DADT~I~NT $ aff rt DATE: October 2, 2002 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 LIGHTING MAINTENANCE DISTRICT NOS. 1. AND 7 FOR TRACT MAP 14496, LOCATED NORTH OF WILSON AVENUE ON THE WEST SIDE OF DAY CREEK BOULEVARD, SUBMITTED BY GRANITE HOMES RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract Map 14496, accepting the subject agreement and security, ordering the annexation to Street Lighting Maintenance District Nos. 1 and 7 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tract 14496, located on the west side of Day Creek Boulevard north of Wilson Avenue, in the Rancho Etiwanda Revised University Development Project, was approved by the City Council on September 6, 2000, for the division of 250 acres into 685 lots. The City entered into a Development Agreement dated November 29, 2000, for the entire development. Tract 14496 is a part of the subject Development Agreement and Rancho Etiwanda project and is for the division of 18 acres into 51 lots. The homebuilder, Granite Homes, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $333,300.00 Labor and Material Bond: $166,650.00 Monumentation Cash Deposit $ 5,000.00 Copies of the agreement and security are available in the City Clerk's Office. CITY COUNCIL STAFF REPORT TRACT MAP 14496 October 2, 2002 Page 2 A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the owner, Rancho Etiwanda 685, LLC, are on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:BAM:sc Attachments 'BOUNDARY OF ANNEXATION NORTH ~ NTS CITY OF ITEM: Tract ! .t.~.~_~ RANCHO CUCAMONGA TITt. E: Rancho Etiwanda ENGINEERING DIVISION EXHIBIT: ¥icin~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14496, IMPROVEMENT AGREEMENT, AND IIVIPROVEMENT SECURITY WHEREAS, Tentative Tract Map 14496, submitted by U.C.P. Incorporated as a part of the Rancho Etiwanda Revised University Development Agreement/Project and consisting of 58 lots located on the southwest comer of Banyan Street and Day Creek Boulevard, was approved by the City Council of the City of Rancho Cucamonga, on September 6, 2000, 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.14496 is the second of two final maps 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 Granite Homes; and WHEREAS, Granite Homes, as Developer, submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. 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 Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 14496 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. O~, ' 2 $ $ 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 7 FOR TRACT 14496 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (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 X1T{D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments 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 RESOLUTION NO. TRACT 14496 - GRANITE HOMES, October 2, 2002 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all tree 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 pamel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: AIl future proceedings of the Maintenance Districts, including the levy of all 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: RANCHO ETIWANDA 685, LLC The legal description of the Property is: Parcel 1 of Certificate of Compliance No. 496 for Lot Line Adjustment recorded October 31, 2001, Instrument No. 20010496033, Official Records of San Bernardino County, California The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 TR 14496 J~ BOUNDAR? OF ANNEXATION NORTH fl NTS CITY OF ITEM: xract /~..] ~NCHO CUC~ONGA T~TrE: ~ncho Etiwanda E~G~EE~G DWISION ~. ~ E~B~: Vici~ty Map Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA): Street Light Maintenance District No. 7 (SLD 97) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incoqporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 14496 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 67* 22* SLD #7 11' SLD #7 +14 *Installed with Rancho Etiwanda backbone improvements B-1 TR 14496 ~/ Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 STREET LIGHT MAINTENANCE DISTRICT NO, 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment I.and II~e Ilnit Tyne lTnit~ lTnit~ Factor Ilnit~ Unit Ray,mm Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (TR 14496) is: 51 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $906.27 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and l]'~e l}'nit Tyne llnit~ llnit~ Faclt~r llnil~ llnit Revenue. Single Parcel 1084 1.00 1084 $33.32 $36,118.88 Family CommIInd Acre 5 2.00 10 $33.32 $333.00 TOTAL $36,452.08 The Proposed Annual Assessment against the Property (TR 14496) is: 51 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $1,699.32 Annual Assessment C-1 TR 14496 R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT DA~E: October 2, 2002 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 LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP 14496-1, LOCATED ON THE NORTHWEST CORNER OF WILSON AVENUE AND DAY CREEK BOULEVARD, SUBMITTED BY GRANITE HOMES RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract Map 14496-1, accepting the subject agreement and security, ordering the annexation to Street Lighting Maintenance District Nos. 1 and 7 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tract 14496-1, located on the northwest corner of Wilson Avenue and Day Creek Boulevard, in the Rancho Etiwanda Revised University Development Project, was approved by the City Council on September 6, 2000, for the division of 250 acres into 685 lots. The City entered into a Development Agreement dated November 29, 2000, for the entire development. Tract 14496-1 is a part of the subject Development Agreement and Rancho Etiwanda project and is for the division of 20 acres into 51 lots. The homebuilder, Granite Homes, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $743,700.00 Labor and Material Bond: $371,850.00 Monumentation Cash Deposit $ 5,000.00 CITY COUNCIL STAFF REPORT TRACT MAP 14496-1 October 2, 2002 Page 2 Copies of the agreement and security are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the owner, Rancho 2002, LLC (Granite Homes, Inc., is managing member), are on file in the City Clerk's office. Respectfully submitted, City Engineer WJO:BAM:sc Attachments BOUNDARY OF ANNEXATION NORTH ~ NTS CITY OF ITEU: Tract !qq*l&-I RANCHO CUCAMONGA TITLE: Rancho Etiwanda ENGINEERING DIVISION EXHIBIT: Vicinity Map RESOLUTION A RESOLUTION OF TI-~ CITY COUNCIl OF THE CITY OF RANCHO CUCAMONGA, CAI.IFORNIA, APPROVING TRACT MAP NUMBER 14496-1, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 14496-1, submitted by U.C.P. Incorporated as a part of the Rancho Etiwanda Revised University Development AgreemenffProject and consisting of 58 lots located on the southwest comer of Banyan Street and Day Creek Boulevard, was approved by the City Council of the City of Rancho Cucamonga, on September 6, 2000, 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.14496-1 is the first of two final maps 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 Granite Homes; and WHEREAS, Granite Homes, as Developer, submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. 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 Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 14496-1 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. (~ 2 ' ~ ~ 7 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 7 FOR TRACT 14496-1 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (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 XII1D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the 'Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments 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 df the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. TRACT 14496-1 - GRANITE HOMES, October 2, 2002 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and 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 legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: RANCHO 2002, LLC, a California limited liability company The legal description of the Property is: Parcel 2 of Certificate of Compliance No. 496 for Lot Line Adjustment recorded October 31,2001, Instrument No. 20010496033, Official Records of San Bemardino County, California The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 TR 14496-1 ~l~ BOUNDN:~¥ OF ANNE~TION NOR~ ~ NTS CITY OF I~U: Tract/q~b-/ ~CHO CUCAMONGA TITLE: R~cho Etiw~da E~G~EE~G DIVISION ~. ~ EXHmlT: Vicinit~ Map Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA): Street Light Maintenance District No. 7 (SLD #7) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north 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 sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 14496-1 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 67* 22* SLD #7 11' SLD #7 +24 *Installed with Rancho Etiwanda backbone improvements B-1 TR 14496-1 7/ Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for'Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment I,and Use Il'nit Tv-ne lTnit~ lTnit~ Factor ITnit~ Unit Revenue Single Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Multi- Family Unit 7,402 1.00 7,402 $17.77 $131,533.54 Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (TR 14496-1) is: 51 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $906.27 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda): # of # of Rate Per Physical Physical Assessment Assessment Assessment I ,and ITse Il'nit Tyne lInil~ ITnit~ Factor lInlts lInit R~ven,m Single Family Parcel 1084 1.00 1084 $33.32 $36,118.88 Comm/Ind Acre 5 2.00 10 $33.32 ' $333.00 TOTAL $36,452.08 The Proposed Annual Assessment against the Property (TR 14496-1) is: 51 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $1,699.32 Annual Assessment C- 1 TR 14496-1 72 R A C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM:. William J. O'Neil, City Engineer BY: Henry Murakoshi, Associate Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP NO. 15783, LOCATED ON THE WEST SIDE OF CARNELIAN STREET AT VIVERO STREET, SUBMITTED BY G & D CONSTRUCTION, INC. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract Map No. 15783, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract Map No. 15783, located on the west side of Carnelian Street at Vivero Street, in the Medium Residential District, was approved by the Planning Commission on March 25, 1998, for a residential subdivision of 27 single-family homes on 3.35 acres of land. The Developer, G & D Construction, Inc., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $316,900.00 Labor and Material Bond: $158,450.00 Monumentation Cash Deposit: $ 2,650.00 CiTY COUNCIL STAFF REPORT TRACT 15783 October 2, 2002 Page 2 Copies of the agreement and security are available in the City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:HM:sc Attachments 7¢ VICINITY MAP BASE LI'NE ROAD PROJECT ~ ~ LOCATION I LLI I ~<~ Z I,~1 O:5 -I- o FOOTHILL © BLVD.( SR 66) CITY OF RANCHO CUCAMONGA 75 VICINITY MAP BASE LINE ROAD -. I I -~- <:E P OJECT <:E ; ,---, LOCATION ~ F~ T FOOTHILL © BLVD.( SR 66) CITY OF RANCHO CUCAMONGA A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15783 AND IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Tract Map 15783, submitted by G & D Construction, Inc. and consisting of 27 single-family homes on 3.35 acres of land was approved by the Planning Commission of the City of Rancho Cucamonga, on March 25, 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. 15783 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 G & D Construction, Inc. as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. 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 Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 15783 is hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. 0 2 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, C^I.tFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.t AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 15783 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (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 XIIlD of the Constitution of the State of California ("Article XIlID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments 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 RESOLUTION NO. TRACT 15783 October 2, 2002 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XmD applicable to the authorization to the levy the proposed annual assessment against the Ten:itory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE C1TY 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 legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: G & D CONSTRUCTION, INC., LLC The legal description of the Property is: PARCEL NO. 1: AIJ. THAT PORTION OF LOT 1, REDF[III~ SUBDIVISION, COUNTY OF SAN BERNARDINO, STATE OF CAI .IFORNIA, AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 33, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 64 DEG. 11' WEST ALONG THE SOUTH LINE OF SAID LOT, 428.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE 5 DEG. 54' WEST ALONG THE WESTERLY LINE OF SAID LOT, 117.57 FEET; THENCE SOUTH 89 DEG. 43' EAST 391.77 FEET TO THE EAST LINE OF SAID LOT BEING THE WEST LINE OF CARNELIAN AVENUE; THENCE SOUTH 01 DEG. 11' EAST ALONG THE EAST LINE OF SAID LOT, 301.78 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED OCTOBER 14, 1959, IN BOOK 4956, PAGE 123, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT 1; NORTH 64 DEG. 11' WEST, A DISTANCE OF 329.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 21 DEG. 55' 07" WEST, 111.14 FEET; THENCE NORTH 8 DEG. 55' 27" WEST, 36.34 FEET; THENCE NORTH 22° 39' 27" WEST, 22.88 FEET TO A POINT IN THE NORTH LINE OF PROPERTY CONVEYED TO MINNIE L. KEJJ.F.R, BY DEED RECORDED JUNE 6, 1951, IN BOOK 2775, PAGE 173, OFFICIAL RECORDS; THENCE NORTH 89 DEG. 43' WEST 26.60 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY EASEMENT RECORDED JUNE 30, 1952, IN BOOK 4593, PAGE 64, OFFICIAL RECORDS; THENCE SOUTH 25 DEG. 52' 15" EAST 174.71 FEET TO THE SOUTHEAST CORNER OF SAID FLOOD CONTROL DISTRICT RIGHT OF WAY; THENCE SOUTH 64 DEG. 11' EAST 7 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED SEPTEMBER 4, 1980, AS INSTRUMENT NO. 80-199154, OFFICIAL RECORDS. Exhibit "A" continued PARCEL NO. 2: ALL THAT PORTION OF LOT 3, REDH]LL SUBDWISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CA! JFORNIA, AS PER PLAT RECORDED IN BOOK 21 OF MAPS, PAGE 33, RECORDS OF SAID COUNTY, LYING EASTERLY OF TIIE EASTERLY LINE OF THE SAN BERNARDINO FLOOD CONTROL AS SAID LINE EXISTED NOVEMBER 19, 1987 AND LYING SOUTHERLY OF THE SOUTHERLY LINE OF LOT 1, AND LYING WESTERLY OF THE WESTERLY LiNE OF SAN DIEGO STREET FORMERLY CARNELIAN AVENUE AS SAID LINE EXISTED NOVEMBER 19, 1987. EXCEPTING ANY PORTION THEREOF LYING WITHIN LOT 10 OF SAID SUBDIVISION. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 6, 1980, AS INSTRUMENT NO.80-253706, OFFICIAL RECORDS. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Exhibit B To Description of the District Improvements Fiscal Year 2002~2003 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD gl) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails which are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this ' district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO, 2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. It has been determined that the facilities in this district benefit this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 15783 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 ...... 2 ...... SLD # 2 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L1 ............ *Existing items installed with original project Assessment Units by District Pamel DU S 1 S 2 L 1 --- 27 2 ...... Exhibit C Proposed Annual Assessment Fiscal Year 200212003 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Family Parcel 7573 1.0 7269 $92.21 $670.274.49 Multi- Parcel 5952 0.5 2976 $92.21 $274,416.96 Family Comm/Ind Parcel 2 1.0 2 $92.21 $184.42 TOTAL $972,907.71 The Proposed Annual Assessment against the Property (TR 15783) is: 27 Units x 1 A.U. Factor x $92.21 Rate Per A.U. -- 2,489.67 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment I .ancl rise lTni! Tvne~ llnit~ lTnit~ Factcw I }'nit~ llnil Revenn~ Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Multi- Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 Family Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00 TOTAL $532,174.89 The Proposed Annual Assessment against the Property (TR 15783) is: 27 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $479.79 Annual Assessment Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and lT~e Il'nit Tyne llnits l}'nitg Factor Il'nits Ii'nit Revemm Single Family Parcel 6606 1.00 6606 $39.97 $264,042.00 The Proposed Annual Assessment against the Property (TR 15783) is: 27 Units x 1 A.U. Factor x $39.97 Rate Per A.U. = $1,079.19 Annual Assessment R A N H O C U C A M O N G A I~ NGIffE EI~I~/C DIVI&ION StaffRe rt DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE ETIWANDA AREA 9 MASTER PLAN FOR FY 2001/2002 AND APPROPRIATE $244,025 FOR FUND 1126-303-5650/1026126-0 RECOMMENDATION: It is recommended that the City Council approve an appropriation of $244,025.00 for Fund 1126303-5650 for Etiwanda Area 9 Master Plan Drainage Reimbursement Agreements for FY 2001/2002. BACKGROUND/ANALYSIS: Etiwanda Area 9 Master Plan Drainage Reimbursement Agreements are based on the net Etiwanda Area 9 Drainage funds received each fiscal year. The remaining funds in the Etiwanda Area 9 Drainage Fund will be utilized for City projects. Respectfully submitted, William J. O'Neil City Engineer WJO:SH:sc ~ A N C H O C U C a M O N G A E~GINE EE~IN G DI¥I&IO N DATE: October 2, 2002 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Henry Murakoshi, Associate Engineer SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENT FOR BASE LINE FRONTAGE IMPROVEMENTS FOR TRACT 16128, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD AT SAN CARMEl_A, SUBMI'I-rED BY DR HORTON RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement and authorizing the Mayor to sign and City Clerk to attest hereto and cause agreement to record. BACKGROUND/ANALYSIS Tentative Tract Map No. 16128, located on the north side of Base Line Road at San Carmela, in the Medium Residential District of the Victoria Planned Community Plan, was approved by the Planning Commission on November 21, 2000, for a residential subdivision of 97 single-family homes on 23.9 acres of land. The developer, who was conditioned to construct full Base Line improvements beyond property frontage to Day Creek Boulevard, is submitting the Reimbursement Agreement for City Council approval. The total reimbursement amount is $114,534.00. Respectfully submitted, ~"'~m J, O'Neil City Engineer WJO:HM:sc Attachment VICINITY MAP SUMMIT HIGHLAND ~ BASE LINE ROAD ~ ~ ..,~.,. FOOTHILL / ~/ N.T.$. .,.!.,~~ ~CITY OF RANCHO CUCAMONGA cOUNTY. OF SAN BERNARDINO .~'~,--~.p ~ STATE OF CALIFORNIA RESOLUTION NO. ~)~ ",~ '~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT EXECUTED BY DR HORTON FOR CONSTRUCTION OF IMPROVEMENTS ON BASE LINE ROAD WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement executed on October 2, 2002, by DR Horton, as developer of Tract 16128 for the construction of a portion of Base Line Road from San Carmela to Day Creek Boulevard; and WHEREAS, the developer, at the developer's expense, has constructed said portion of Base Line Road; and WHEREAS, the owners of the adjoining properties will sharo in the expense of said construction as stated in Agreement prior to development of said owners properties, as described in Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE that said Reimbursement Agreement be and the same is hereby approved, and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. THE C I ~' Y OF I~AN CH 0 C U CAM ON GA Staff Repor DATE: October 2, 2002 TO: Mayor and Members of the City Council, Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Donald Granger, Assistant Planner SUBJECT: REQUEST TO ENTER INTO A TERMINATION AGREEMENT FOR A LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND AT&T WIRELESS SERVICES FOR A WIRELESS COMMUNICATION FACILITY AT HERITAGE PARK. REQUEST TO ENTER INTO A LEASE HOLD AGREEMENT AT HERITAGE PARK BETWEEN CINGULAR WIRELESS AND THE CITY OF RANCHO CUCAMONGA FOR THE PURPOSE OF INSTALLING A WIRELESS COMMUNICATION FACILITY FOR CINGULAR WIRELESS PERSONAL COMMUNICATION SERVICE. RECOMMENDATION: Staff recommends that the Council authorize the Mayor to 1) sign the Lease Termination Agreement, thereby terminating the existing lease with AT&T and not require payment of the lease termination penalty, and 2) sign the Lease Hold Agreement, thereby entering into a Lease Hold Agreement with Cingular Wireless. BACKGROUND: The City has received a letter of termination and lease termination agreement from AT&T Wireless for the City's existing lease with AT&T. Termination of the existing lease with AT&T is required prior to the City entering into a new lease with Cingular Wireless at Heritage Park in the same location. SBA Network Services, Inc., on behalf of Cingular Wireless, has been negotiating a Lease Hold Agreement with City staff for the placement of one minor wireless communication facility at Heritage Park. The wireless communication facilities will be mounted on a ballfield light monopole, using a cylindrical design that is vertically mounted on the monopole. The proposed wireless communication facility, with its cylindrical design, will be replacing an existing AT&T wireless communication facility that has a panel style antenna configuration. The proposed cylindrical design will blend into the surrounding environment and is aesthetically more compatible with existing ballfield light poles than the existing panel style antennas. A Minor Development Review for Cingular's wireless facility approved on June 26, 2002, by the Planning Division, includes the assumption of AT&T's existing equipment shelter by Cingular Wireless. CITY COUNCIL STAFF REPORT LEASE AGREEMENT - CINGULAR WIRELESS AND CITY OF RANCHO CUCAMONGA October 2, 2002 Page 2 .ANALYSIS: Community Development Staff, in conjunction with the City Attorney's office, has been reviewing multiple draft agreements for the lease termination agreement with AT&T and the new lease agreement with Cingular Wireless over the past several weeks. Both agreements have been accepted by the City Attorney's Office. The existing lease with AT&T Wireless includes a six-month rent termination penalty (monthly rent is $1,000) upon receipt of official notice to terminate. On April 18, 2002, AT&T notified the City of Rancho Cucamonga of its intent to terminate its existing wireless facility at Heritage Park. AT&T Wireless has paid the required monthly rent up through September. The new lease requires rental payment to commence when Cingular begins construction of its facilities or 90 days after commencement date of the lease, whichever occurs first. Since the park premises near the wireless facility are in good condition, rental payments have been paid in full since AT&T notified the City in April 2002 of its intent to terminate the use of the wireless facility. Another wireless carrier is immediately following the exiting carrier, and with the Council's concurrence, staff finds no reason to require payment of the lease termination penalty. The new lease with Cingular Wireless contains the following key items and conditions: Location: The improvement shall consist of one 80-foot ballfield light monopole at Heritage Park. The monopole is a stealth design, utilizing antennas enclosed in a cylindrical shroud that is vertically mounted on the monopole. The antenna shroud will be painted to match the monopole. Light fixtures that match existing fixtures will be mounted above the antenna shroud on the monopole to provide park illumination. Terms and Options: The initial term of the lease shall be 10 years, with four 5-year options to extend. The lease shall commence when construction starts or 90 days after the lease is executed by both partie, s, whichever occurs first. Rent and Rent Increases: The initial annual rent shall be $18,000.00 ($1,500/month), paid in equal monthly installments in advance on or before the first day of each month. Commencing with the second year, on the anniversary of the commencement date, and in succession thereafter, rent shall be increased by an amount equal to 3% of the rent for the previous year. Assiqnment and Sublettinq: Subject to the City's written consent, Cingular may permit other wireless communication carriers to locate on the monopole. Should this occur, the lease provides a provision to ensure additional compensation to the City, as negotiated between the City and the carrier, by a separate lease. Alternatively, at the City's option, the annual rent may be increased by a straight percentage, agreeable to the City and the wireless carrier, not to exceed 30% of the current rent. This provision in the lease meets of the objectives of the City's Development Code by encouraging co-location of wireless carriers where possible. Power Generators: The lease contains language only allowing temporary generators in the case of an emergency or power failure. Si.qns: Only signs that are required for emergency purposes are permitted on the wireless communication facility. Termination and Abandonment: Should the lease be terminated by either party, expire, or the wireless communication facility become abandoned, the wireless facility and all appurtenant ¢/ CiTY COUNCIL STAFF REPORT LEASE AGREEMENT - CINGULAR WIRELESS AND CITY OF RANCHO CUCAMONGA October 2, 2002 Page 3 equipment shall be removed within 60 days of said termination, expiration, or abandonment and the premises shall be restored to its original condition. Respectfully submitted, Brad Buller City Planner BB:DG',ma Attachments: Exhibit "A" - Location Map Exhibit "B" - Photo Simulation Final Lease Termination Agreement Final Lease Hold Agreement Memorandum of Lease Hold Agreement Cell Sitelqtunber: BC ~773 Addr~s: 5546 Beryl Str~, City of Ranoho Cu~amonga, CA TERMINATION AGREEMENT ^ . ~na~ between the CITY OF RANCHO CUCAM , uctover__ .., ~v~,,, ~- o.~- nmo=~ ncc CERVICES ~C., a ~la~e co~muon ("~ndiord'), ~a ~ "~oo o R~imis ~ imo a Co~cafions Site ~o~d L~ord ~d Te~t ~ .. - ' "Prem~- A. . ..... ~ c.~ 'q ~.e"~ ~ng to ~ ~s (~e ) Novem~r 1, zvoo kua~ ~ ~ F~ A~mem ~ .... ~ ~'1 S~ ~ ~e Ci~ of ~cho ~on~ C~ifo~ idenfifi~ ~ AT&T Cell Site No. BC 3773. B. Te~t ~si~s to te~ ~e ~ pm~t W S~on 8(a~iii~A) ~f ~d to ~nvey iB f~ffifies ~d eq~pm~t on ~e ~ses ~ P~ific Be~ W~less, LLC, a Nev~ l~ted ~ili~ comfy, ~/a C~ Wireless ("Cingu~r"). ~&ord d~s not obj~t to ~d re,ration ~ no~g ~e provisio~ of ~d S~o~ is ~ll~g to ~1~ Te~t from · e ~e~ of ~er rant, ~d from im obli~fions m remove i~ ~o~ ~d ~ore ~e site, subj~ to ~e t~s ~d con,flora offs A~em. ~r~ment NOW, ~FO~, for g~ ~d ~le comtderaaon mclu&ng ~e m~ ~o~s ~n~ ~ ~s A~menL ~e re~i~ ~d s~ciency of ~ch ~ hereby at,owingS, L~ord ~d Te~t a~ee ~ foHo~: 1. Termination. ~e ~ is hereby ~d ~ of Se~em~r 30, 2002 (the '~erminafion Date"). U~n Te~t's ~t of ~y money ren~ ~en~ due up to ~d inclu&ng the Te~nmion Da~, ~ord a~s ~t it s~l have re~iv~ ~ mo~m due ~d~ ~e ~e ~ough ~e Te~nafion Dine, ex~g o~y mo~ due or w~ch may ~me due ~&ord p~s~m to Te~t's ~de~ ob~g~om, w~ch obli~fio~ s~ s~Ne the temmfion of ~e ~, or ~ ~e evem T~t f~ls to re,ore ~e ~s shoed C~ not ~e ~ssession ~er~f Wi~om ~g ~e gene~W of ~e forego~g, L~ord exp~ssly . · ' req~byS~on8 a~s ~t Te~t sh~l not be req~wd to ~y a ~aon f~ ~ o~emse of~e ~ ~ a mMifion of wmm~g ~e ~e. Premix. ~&ord ~owl~s ~t Te~t is ~nvey~g 2. Surrender of ~d ~&ord in~nds to en~r into Te~t's FaciliW to Cin~, le~e ~e Premims to C~. No~&ng ~Y o~ prohsion of ~s A~m~ Te~t s~l ~ rel~d from iB obli~fiom ~der ~e ~ to remove Te~t's F~fliW (~ ~fmed in · e L~) from ~e ~mises ~d to r~om ~e Premiss to i~ con&fion at ~e time of Cell Site Number: BC 3773 Address: 5546 Beryl Streeq City of Rancho Cucamonga, CA commencement of the Lease, only upon a new lease of the Premises between Landlord and Cingnlar becoming effective and Cingular taking physical possession of the Premises pursuant to that lease. 3. Mutual Release. Except as otherwise provided in sections 1 and 2, above, Landlord and Tenant hereby fully release and discharge each other from all claims, demands, causes of action, known or unknown, whether heretofore asserted or not, of whatever kind and description, and all duties, obligations, liabilities and responsibilities in any way related to or concerning the Premises and/or the Lease, including any obligation to pay rent thereunder, attributable to periods after the Termination Date. 4. Entire Agreement. This Agreement contains the entire agreement be~een the parties with respect to termination of the Lease and supercedes any and all prior agreements with regard to the subject matter hereof. 5. Captions and Recitals. The captions and titles in this Agreement are for convenience of reference only and shall not limit, amplify or otherwise have any effect on the interpretation of the provisions of this Agreement. The Recitals are an integral part of this Agreement. 6. Governing Law. This Agreement shall be governed by the laws of the State of California. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors and assigns. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one document. The signature pages on such counterparts may be combined onto one document. 9. Authority of Signatories. Each individual executing this Agreement on behalf of each of Landlord and Tenant, respectively, represents and warrants to the other party that he is fully authorized and empowered to do so. [Remainder of this page intentionally left blank. Signature page follows.[ Cell Site Number: BC 3773 Address: 5546 Bo3'I Street, City of Ran0ho Cucamong~ CA EXECI.rrED as of the day and year first written above. "LANDLORD" "TENANT" CITY OF RANCHO CUCAMONGA, a AT&T WIRELESS SERVICES, municipal corporation a Delaware ~rporatio~ Name: Name: k/~. Title: _Mayor Title:X~ _~-~-~--~-~.-,~_ ~rx Date: By: Name: Title: _City Clerk Date: Landlord's Address, Phone and Fax: Tenant's Address, Phone and Fax: 10500 Civic Center Drive 14520 NE 87~ Street P.O. Box 807 P.O. Box 97059 Rancho Cucamonga, CA 91729 Redmond, Washington 98052 Tel: (909) 477-2700 Tel: (425) 702-7925 Fax: (909) 477-2846 Fax: (425) 702-3926 Tax I.D. No: 95-3213002 FACILITY GROUND LEASE This Communications Facilities Ground Lease ( Lease ) is made and entered into on this day of. ,2002 ("Effective Date") by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as . "LANDLORD ') and PACIFIC BELL WIRELESS LLC, a Nevada limited liability company, doing business as CINGULAR WIRELESS (hereinafter referred to as "TENANT"). 1. Premises. LANDLORD hereby agrees to lease to TENANT and TENANT agrees to lease from LANDLORD, on a non-exclusive basis, that certain parcel of real property, approximately 517 square feet in area, together with reasonable access thereto (seven (7) days a week, twenty-four (24) hours a day), located at Heritage Park in the City of Rancho Cucamonga, Ca, lifornia (the "Premises"), commonly known by the street address of 5500 Beryl Street, all as more particularly described in Exhibit "A" hereto and by this reference made a part hereof. This Lease is subject to the terms, covenants and conditions hereinafter set forth and TENANT covenants, as a material part of the consideration for this '-" Lease, to keep and perform each and every, term, covenant and condition of said Lease. 2. Term. A. The term of this Lease shall be for ten (10) years, subject to four (4) five (5) year extensions, as provided in paragraph B below, commencing upon the Effective Date hereof, provided, however, that TENANT's obligations to pay rent hereunder shall not begin until TENANT commences construction of its facilities upon the Premises, or ninety (90) days after the Effective Date, whichever is earlier ("Commencement Date"). B. Provided TENANT is not in default in the performance of any term or condition under this Lease (with all cure periods having lapsed), then upon the expiration of the original Lease terns, or any prior renewal term(s), upon ninety (90) calendar days prior written notice to LANDLORD, TENANT sball have the option to renew this Lease for four (4) additional terms of five (5) years each. During any such renewal period, all of the terms and conditions of this Lease shall remain in full force and effect. Commencing with the first day of the first month of the respective renewal period, the rent for the Premises shall be increased in accordm~ce with the provisions set forth in paragraph 3, below. Said option(s) shall be exercised by personal delivery or by certified mail, postage prepaid, of such notice of exercise of option to LANDLORD at the address set forth herein for notices. Such exercise of the option(s) granted hereunder shall automatically extend the term of this Lease upon the temps and conditions set forth herein, and no further writing need be executed by TENANT or LANDLORD. In the event that any option specified herein is not exercised as provided, within the time period provided, then said option and remaining options, if any, shall expire, and TENANT shall not have any right to renew said Lease. C. Upon termination, both parties shall be relieved of any further obligations under this Lease, although each shall continue to have available all remedies for any br~ach of this Lease occurring prior to the date of termination. Within sixty (60) days following the expiration or termination of this Lease, TENANT shall remove its personal property and fixtures and return the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by TENANT to the Premises. 3. Rent. TENANT agrees to pay to LANDLORD rent, without prior notice or demand by LANDLORD, in the sum of Eighteen Thousand Dollars ($18,000.00) per year, paid in equal monthly installments in advance on or before the first day of each month during the term of this Lease. If the date of construction is other than the first day of a calendar month, TENANT may pay on the day due the prorated Rent for the remainder of the calendar month in which construction commences, or if this Lease is terminated before the expiration of any month the rent payment shall be prorated for the final fractional month of this Lease. Said rent shall be paid to LANDLORD, without deduction or offset, in lawful money of the United States of America, at 10500 Civic Center Drive, Rancho Cucamonga, California 91729, Attn: Finance Department, or at such other place as LANDLORD may designate, in writing. >;,~,~;~u., u:,~ ,,~-,~, .,, Commencing with the second year of the initial term hereof, rent shall be increased on each auniversary of the Commencement Date by an amount equal to three percent (3%) of the rent for the previous year. 4. Use.. A. TENANT shall use the Premises for the sole purpose of constructing, maintaining, securing and operating a personal communications wireless service facility, including the construction of an equipment building (if needed) and installation of required utilities, antennas and related communications equipment, including telephone equipment, electrical equipment, HVAC systems, temporary power generator, which temporary power generator shall be used for emergency purposes only, fire sprinkler systems, and an antenna tower and support structures (collectively "Facilities"), subject to being "stealth" designed as may be reasonably required by LANDLORD, all as depicted in the site plan and related drawings approved by LANDLORD as provided in Section 4.H., a copy of which is attached hereto as Exhibit "B" and hereby incorporated by reference. As-builts of the Premises and Facilities shall be provided to LANDLORD upon TENANT's receipt and shall replace the site plan attached hereto as the Exhibit "B". Each such antenna or antenna support structure may be configured as required by TENANT, provided TENANT obtains all permits and approvals required by LANDLORD as provided in Section 4.H., and/or any other public agency having jurisdiction.over the matter. No additional equipment or antennas which would be visible to the public may be installed without LANDLORD's prior written consent, as provided in Section 4.H. Furthermore, LANDLORD and TENANT may agree to increase the square footage of the Premises occupied by TENANT, by no more than ten percent o (10'/o) by letter agreement, subject to TENANT paying additional rent on a pro-rata basis. B. TENANT and LANDLORD understand and agree that subject to LANDLORD's written consent pursuant to Section 18 hereof, TENANT may permit other communications providers to locate on TENANT's communications tower for which TENANT, and LANDLORD for its provision of the underlying real property, shall be entitled reasonable compensation by way of leases negotiated in good faith. Alternatively, and at LANDLGP,-D's option, LANDLORD shall be entitled to increase rent payable to LANDLORD in an amount detemfined by the parties to be fair and equitable, but in no case greater than thirty percent (30%) of the current rent. C. TENANT shall install a security fence or wall around the perimeter of the Premises, satisfactory to LANDLORD, excluding any approved access route(s)- Construction of TENANT's communications facility shall be at TENANT's sole expense. Further, TENANT shall maintain the Premises free from hazards or risk to the public health, safety or welfare. ANT's use of the D. At all times throughout the term of this Lease, TEN Premises shall be in conformance with, and subject to all conditions contained in, any and all permits or approvals required by LANDLORD under law, and/or any other agency having jurisd~ctmn over TENANT s operatmn E. LANDLORD agrees that TENANT's ability to use the Premises is dependent upon TENANT's obtaining all necessary certificates, permits and/or other approvals which may be required from any federal, state or local authority. LANDLORD agrees to cooperate with TENANT as to TENANT's obtaining such certificates, permits or other approvals. In the event TENANT is unable to obtain any necessary certificate, permit or other approval in order to operate its communications facility, or if due to technological changes or other economic reasons, TENANT, in its sole discretion, determines that it will be unable to this Lease as use the Premxses for TENANT intended purposes, TENANT may terminate provided herein, upon thirty (30) days prior written notice. F. TENANT shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will cause cancellation of any insurance policy covering the Premises or part thereof or portion of its contents. TENANT agrees to pay any increase in the rate of fire or other insurance policy covering the Premises which is directly attributable to. TENANT's leasing of the Premises. TENANT shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other parties or injure or annoy them or use or allow or permit the Premises to be usf~or /0/ any unlawful purpose. Nor shall TENANT cause, maintain or permit any nuisance in or about the Premises. TENANT shall not commit or suffer tv be committed any waste in or upon the Premises. G. TENANT agrees at all times to maintain its levels of electromagnetic radiation within all applicable standards established by the Federal Communications Commission and~or any other governmental authority having jurisdiction. TENANT agrees at all times to conduct its personal wireless service operations in such a manner so as to not cause radio interference with any of LANDLORD's existing communications operations. A failure to cure any such radio interference within five (5) business days of the City's providing written notice of such radio interference shall constitute a default hereunder. In the event any of TENANT's operations interfere with LANDLORD's emergency communications, LANDLORD may provide telephonic notice to TENANT of such radio interference and TENANT shall, within twenty-four (24) hours, cease all communications operations on the Premises, until the condition causing the radio interference is remedied to LANDLORD's satisfaction. LANDLORD agrees to include in any other telecommunication leases for lease of its property within 1000 feet of the Premises, a provision requiring such additional lessee to avoid causing radio interference to TENANT's operations hereunder. LANDLORD shall have the responsibility to promptly terminate said radio interference. In the event any such radio interference does not cease promptly, the parties acknowledge that continuing radio interference will cause irreparable injury to TENANT, and therefore, TENANT shall have (i) the right to bring action to enjoin such radio interference or (ii) the right to terminate the Lease immediately upon notice to LANDLORD. Notwithstanding the foregoing, LANDLORD's existing communications operating in the same manner as on the date TENANT commences construction shall not be deemed radio interference. H. Prior to commencing construction of the Facilities, TENANT shall obtain LANDLORD's approval of TENANT's work plans. LANDLORD shall give such approval or provide TENANT with its requests for changps within thirty (30) business days of of TENANT's work plans. If LANDLORD does not provide such LANDLORD's receipt approval or request Ibr changes within such thirty (30) business day period, LANDLORD shall have denied the plans. LANDLORD shall not be entitled to receive any additional fees, excluding fees associated with obtaining the required permits, in exchange for giving its approval of TENANT's plans. 5. ~ance with Law. TENANT shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule or regulation now in force or which may hereinafter be enacted or promulgated. Subject to TENANT's right to terminate as provided in Section 4.E, TENANT shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and. other governmental rules, regulations or requirements now in force or which may hereinafter be enacted or promulgated, relating to, or affecting the condition, use or operation of TENANT'S Facilities upon the Premises, excluding structural changes not related to or affected by TENANT's improvements and acts. Tt~e non-appealable judgment of a court of competent jurisdiction or the admission by TENANT in any action against TENANT, whether LANDLORD be a party thereto or not, that TENANT has violated any law, statute, ordinance or any other governmental rule or regulation shall be conclusive of that fact as between LANDLORD and TENANT. 6. Alterations and Additions. Other than as expressly required or permitted herein, TENANT shall not make or suffer to be made any alterations, additions or improvements in or to or about the Premises or any part thereof, that will be visible to the public, without the prior written consent of LANDLORD pursuant to S'ection 4.H..Excepting only the approved installation of communications related equipment, any alterations, additions or improvements in, to or about the Premises, shall on the expiration of this Lease become a part of the realty and belong to LANDLORD and shall be surrendered with the Premises, unless otherwise agreed to by LANDORD and TENANT. Any alterations, additions or improvements to the Premises desired by TENANT, other than those expressly required or · 'S madlhl permitted herein, shall require LANDLORD prior written consent, and shall be TENANT at TENANT's sole cost and expense, and any contractor or person selected by TENANT to make the same must first be approved of, in ~a-iting, by LANDLORD. 7. Physical Condition of Premises~ Waiver. A. Except as otherwise expressly provided herein, by taking possession of the Premises, TENANT shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. TENANT shall, at TENANT's sole cost and expense, keep the Premises and any part thereof in good condition and repair. LANDLORD shall have no obligation whatsoever to alter, improve or repair the Premises, or any part thereof, and the parties hereto affirm that LANDLORD has made no representations to TENANT respecting the condition of the Premises except as specifically set forth herein. TENANT further agrees that it shall submit to LANDLORD, prior to applying for any permits to renovate, reconstruct, improve, alter or in any way modify the Premises, plans and specifications for LANDLORD's approval pursuant to Section 4.H. B. LANDLORD shall not be liable for any failure to make any repairs, or to perform any maintenance except as specifically provided herein. Except as may otherwise be provided herein, there shall be no abatement of rent and no liability of LANDLORD by reason of any injury to or interference with TENANT's business arising from the LANDLORD or TENANT making of any repairs, alterations or improvements in or to any portion of the Premises or in or to any fixtures, appurtenances and equipment therein, unless caused by the negligence or willful misconduct of LANDLORD. TENANT hereby specifically waives the right to make repairs at LANDLORD's expense under any law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, LANDLORD shall be responsible for any damage to TENANT's equipment or facilities caused by LANDLORD's activities, unless caused by the negligence or willful misconduct of TENANT. C. TENANT shall accept possession of the Premises, in an "as is" physical condition with no warranty, express or implied, by LANDLORD as to the condition of the soil, its geology, the presence of known or unknown faults, its suitability for the use intended by the TENANT, any onsite soils contamination or any similar matters. It shall be the sole responsibility and obligation of TENANT to investigate adverse soil, surface or subsurface conditions of the Premises. LANDLORD shall have no obligation to correct any adverse subsurface or soil conditions in order to make the Premises in a condition suitable for TENANT's intended use. Notwithstanding the foregoing, LANnDLORD represents that to the best of its knowledge, no activities of LANDLORD have resulted in any soils contamination- D. TENANT hereby specifically waives any rights TENANT may have against LANDLORD with regard to the condition of the Premises, including, but not limited to, soils, toxic or hazardous materials, fill material, compaction, geologic constraints and faults. TENANT also further agrees to indemnify and hold harmless LANDLORD from and against any and all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses and accountants) and all foreseeable and unforeseeable consequential damages which might arise or be asserted against LANDLORD as a result of a claimed violation allegedly occurring following TENANT'S acceptance of the Premises, of any and all present and future federal, state and local laws (whether under common law, statute, role, regulation or otherwise), including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 through 9657, inclusive; Transportation of Hazardous Materials and Wastes (HMTA), 49 U.S.C. App. §§ 1801 through 1813, inclusive; the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § § 6901 through 6992, inclusive; 40 C.F.R. Parts 260 through 271, inclusive; the California Hazardous Substance Account Act (HSAA), California Health and Safety Code §§ 25300 through 25395, inclusive; the California Hazardous Waste Control Act (HWCA), California Health and Safety Code §§ 25100 through 25249, inclusive; the porter-Cologne Water Quality Control Act, California Water Code §§ 13000 through 13999.16, inclusive; and the Underground Storage Tank Act (USTA), California Health and Safety Code §§ 24280 through 24299.7, inclusive, all as the same may be amended from time to time (collectively 'Enwronmental Laws"), relating to the environment or to any hazardous substance, activity or material connected with the condition of the Premises directly caused by TENANT, or rising out of TENANT's use. This environmental indemnity shall survive the expiration or termination of this Lease as to activities taking place or occurring on or about the Premises prior to such expiration or termination. E. LANDLORD shall, upon request and at TENANT's cost, provide to TENANT copies of all reports, studies, surveys and other data and information on the Premises which is now available to LANDLORD. LANDLORD represents that it has no information disclosable pursuant to California Health and Safety Code § 25359.7(a). 8. Claims Against Premise~s. TENANT shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechamc s, materialman s, contractor's or subcontractor's liens arising from, or any claim for any work of construction, repair, restoration, replacement or improvement of or to the Premises for TENANT or any other similar claim or demand howsoever the same may arise, however, unless TENANT shall contest any such claim, TENANT shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Premises. TENANT shall have the right to contest the validity, nature or amount of any such lien, but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and shall have the lien released at its own expense. If TENANT desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. TENANT agrees to indemnify and hold LANDLORD and the Premises free and harmless of all liability for any and all such claims and demands resulting from any liens placed on the Premises as a result of work or materials requested by or on behalf of TENANT, together with payment of LANDLORD's reasonable attorneys' fees and all costs and expenses in connection therewith. 9. Utilities. TENANT shall pay the cost of any and all water, electrical, gas or other utility services utilized by TENANT upon the Premises during the term hereof and shall have such utilities installed underground and maintained at TENANT's sole cost d expense, subject to plans and specifications approved in writing by LANDLORD pursuant to Section 4.1-i. 10. Taxes.. TENANT shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of TENANT's possessory interest in and to the Facilities, leasehold improvements, equipment, fixtures and personal property located in or about the Premises. TENANT agrees that, without prior demand or notice by LANDLORD, TENANT shall, not less than fifteen (15) days prior to the day dpon which any such possessory interest or other such tax is due, provide LANDLORD with proof of payment of such tax. 11. Itoldin~ Over. If TENANT remains in possession of the Prermses or any part thereof after the expiration of the term hereof, with the express written consent of LANDLORD, such occupancy shall be a tenancy from month-to-month. 12. Entry bv LANDLORD. TENANT hereby agrees that representatives o f the LANDLORD, as designated by LANDLORD's City Manager,-shall, during normal business hours, have the right to enter the Premises with a representative of TENANT to · '' ' Lease inspect and determine if same complies with each and every term and condition of this and with all applicable City, County, State and Federal laws, rules, ordinances and regulations .... ~- m=~,* a ~.TT'S business, nrovided LANDLORD relating to building occupancy and me conouct ot ~r:,n,~, ~' gives TENANT no less than seventy-two (72) hours prior written notice. TENANT hereby waives any claim for damages or for any injury or inconvenience to or interference with TENANT's business, any loss of occupancy or quiet enjoyment of the Premises, and any loss occasioned thereby. TENANT shall furnish a Knox Box on the Premises, to provide emergency access, in a location that is accessible to the emergency civil services. TENANT expressly waives any and all damages which might occur to TENANT's facilities, including but not limited to, damages arising from fire, vandalism, explosion or earthquake, as a result thereof. Any entry to the Premises obtained by LANDLORD, as provided above, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of TENANT from the Premises or any portion thereof· s,:e~u,~e~. ~n-'~u' 13. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease: A. Abandonment (as defined by applicable law) of the Premises by TENANT; B. The failure by TENANT to make any payment of rent or any other payment required to be made by TENANT hereunder, as and when duel where such failure shall continue for a period of seven (7) business days after receipt of mailed written notice thereof by LANDLORD to TENANT, return receipt requested; C. A failure by either party to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed, other than as described in subparagraph 13.B., above, where such failure shall continue for a period of thirty (30) business days after mailed written notice thereof; provided, however, that if the nature of the default involved does not consist of radio interference, and is such that more than thirty (30) days are reasonably required for its cure, then the defaulting party shall not be deemed to be in default if they commence such cure within such thirty (30) day period and thereafter diligently prosecutes'said cure to completion, which shall not exceed ninety (90) days, or within ninety (90) days of notice mailed. D. The making by TENANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against TENANT cfa petition to have TENANT adjudged a bankrupt, or a petition or reorganization or arrangement under any ' law relating to bankruptcy (unless, in the case cfa petition filed against TENANT, the game is dismissed within sixty (60) days); or the appointment cfa trustee or a receiver to take possession of substantially all of TENANT's assets located in or about the Premises or of TENANT's interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT's assets located in or about the premises or of TENANT's interest in this Lease, where such seizure is not discharged in thirty (30) days. s,,L ~:~:,,,u,.: ~-,~., .,, 14. Remedies in Defanlt. In the event of any such material default or breach by TENANT, LPdqDLORD may at any time thereafter and without notice or demand and, without limiting LANDLORD in the exercise of a right or remedy LANDLORD may have by reason of such default or breach: A. Terminate TENANT's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and TENANT shall immediately surrender possession of the Premises to LANDLORD. In such event, LANDLORD shall be entitled to recover from TENANT all damages incurred by LANDLORD by reason of TENANT's default including, but not limited to, the cost of recovering possession of the Premises, including necessary renovation and alteration of the Prem!ses, for reasonable attorneys' fees and costs, and the amount by which the unpaid rent for the balance of the term, after the time of court award, exceeds the amount of such rental loss for the same period that TENANT proves could be reasonably avoided. Unpaid installments of rent or other sums shall bear interest from due date thereof at the rate of eighteen percent (18%) per annum or at the maximum legal rate then in effect in California, whichever is higher. In the event TENANT shall have abandoned the Premises, LANDLORD shall have the option of(l) taking possession of the Premises and recovering from TENANT the amount specified in this subparagraph, or (2) proceeding under the provisions of the following subparagraphs. B. Maintain TENANT's right to possession, in which case this Lease shall continue in effect whether or not TENANT shall have abandoned the Premises. In such event, LANDLORD shall be entitled to enforce all of LANDLORD's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder. C. Pursue any other remedy now or hereafter available to LANDLORD under the laws or judicial decisions of the State of California. Furthermore, TENANT agrees that no election by LANDLORD as to any rights or remedies available hereunder or under or pursuant to any law or judicial decisions of the State of California shall be binding upon LANDLORD until the time of trial of any such action or proceeding. Notwithstanding the provisions of Section 14.A., above, if an event of default by TENANT occurs, LANDLORD /07 shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to re-enter the Premises and/or remove persons or property therefrom. D. Notwithstanding any provision herein to the contrary, a revocation of any regulatory approval, shall not constitute an electable remedy for ptirposes of this paragraph 14. E. In the event of a material default or breach by either party, notwithstanding any other rights or remedies available at law or equity. The non-breaching, non-defaulting party shall be entitled to immediately terminate this Lease. 15. Eminent Domain. If more than fifty percent (50%) of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, either party hereto shall have the right, at its option, to terminate this Lease, and LANDLORD shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such public or quasi-public use or purpose, and TENANT shall have no claim against LANDLORD for the value of any unexpired term of this Lease. If either less than or more than fifty percent (50%) of the Premises is taken, and neither party elects to terminate as herein provided, the rental thereafter to be paid shall be equitably reduced. 16. Destruction of Premises. If the Premises or the Property is destroyed or damaged so as in TENANT's judgment, to hinder its effective use of the Property, LANDLORD may use its reasonable efforts to make available to TENANT within five (5) days a temporary site on the Property which is equally suitable for TENANT's use. TENANT may construct, operate, and maintain substitute Facilities thereon until the Facilities are fully restored and operational on the Premises. Rent shall abate in full during any time that TENANT is unable to operate the Facilities or substitute Facilities on the Property. Alternatively, TENANT may elect to terminate this Lease as of the date of the damage or destruction by so notifying LANDLORD no more than thirty (30) days following the date of damage or destruction. s~,.[,~w,~ ~-~,,-~: 17. Offset Statement. TENANT shall, at any time and from time to time upon not less than thirty (30) days' receipt of prior written notice from LANDLORD, execute, acknowledge and deliver to LANDLORD a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to TENANT's knowledge, any uncured defaults on the part of LANDLORD hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Premises are a part. 18. Assignment and Subletting. TENANT shall not assign, sublet or . transfer this Lease or any right hereunder to any other party or parties nor shall TENANT sublet all or any portion of the Premises without first obtaining the written consent of LANDLORD. AnY assignment or subletting of the Premises without such prior written consent shall be void for all purposes and LANDLORD may, at its option, declare a forfeiture of the same in any manner provided by law. Notwithstanding the foregoing, TENANT may assign this Lease to any (i) subsidiary, (ii) parent company, (iii) affiliate, (iv) partner, or (v) any other company owning twenty-five percent (25%) or greater interest in TENANT without LANDLORD's prior written consent; provided such assignee executes a document satisfactory to LANDLORD evidencing assignee's consent to be bound by all terms of this Lease. 19. Attorneys' Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. 20. Fixtures. All trade fixtures and/or temporary facilities installed in or on the Premises by TENANT may be removed by TENANT at any time during the term of this Lease so long as the same may be removed without permanent damage to the Premises. TENANT shall repair all damage which may result therefrom to the reasonable satisfaction of LANDLORD. /// s~r~o:~e:'-: s,-,s~0~ 21. Indemnification. TENANT agrees to defend, indemnify and hold LANDLORD and its elected officials, officers, agents and employees free and harmless from all claims and liabilities for damage to persons or property by reason of TENANT's negligence or TENANT's acts or omissions or those of TENANT's employees, agents, guests or invitees in connection with TENANT's use and occupancy of the Premises. 22. Insurance. A. Fire and Extended Coverage - TENANT's Duty to Keep Improvements Insured. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept insured, all improvements located on or appurtenant to the Premises against loss or damage by fire and such other risks as are now or hereafter included in an extended coverage endorsement in common use for such structures, including vandalism and malicious mischief. The amount of insurance shall be the then replacement cost, excluding costs of replacing excavations and foundations but without deduction for depreciation (herein called "full insurable value"). LANDLORD shall not cany any insurance the effect of which would be to reduce the protection or payment to TENANT under any insurance that this Lease obligates TENANT to carry. If any dispute as to whether the amount of insurance complies with the above cannot be resolved by agreement, LANDLORD may, not more than once every three (3) months, request the carder of the insurance then in force to determine the full insurable value as defined in this provision, and the resulting determination shall be conclusive between parties for the purposes of this paragraph. TENANT shall include the holder of any mortgage on the Lease as a loss payee to the extent of that mortgage interest. B. Commercial General Liability Insurance. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept in full force and effect, for the mutual benefit of TENANT, and LANDLORD as an additional insured, commercial general liability insurance against claims and liability for personal injury, death, or property damage arising from the use, occupancy, disuse, or condition of the Premises, improvements, or adjoining areas or ways, providing protection of at least Two Million ~ //Z Dollars ($2,000,000.00) per occurrence One Million per occurrence, Two Million Aggregate for bodily injury or death, and at least Five Hundred Thousand Dollars ($500,000.00) for property damage. Any policies containing an armual general aggregate shall be subject to LANDLORD's prior approval. C. Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California with a current A.M. Best rating of no less than A:VII A- Vg. All such policies shall contain language to the effect that: (1) the policies are primary and noncontributing with any insurance that may be carried by LANDLORD; (2) they cannot be canceled or materially altered except after thirty (30) days' notice by the insurer to LANDLORD; (3) the CITY OF RANCHO CUCAMONGA, and each of CITY's elected officials, officers and employees are additional insureds; (4) any failure by TENANT to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the required coverage; and (5) the required insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. TENANT shall furnish LANDLORD with copies of all certificates and endorsements evidencing the insurance. TENANT may effect for its own accotmt any insurance not required under this Lease. D. Failure to Maintain Insurance; Proof of Compliance. TENANT shall deliver to LANDLORD, in the manner required for notices, copies of endorsements to all insurance policies required by this Lease certificates of insurance with endorsements required by this lease, within the following time limits: (I) For inst~rance required at the commencement of this Lease, within ten (10) days after execution of this Lease and prior to TENANT's occupancy of the Premises; (2) For insurance becoming required at a later date, at least ten (10) days before that requirement takes effect, or as soon thereafter as the requirement, if new, takes effect; (3) For any rene~val or replacement ora policy already in existence, prior to expiration or other termination of the existing policy. //3 s:,~>.c:~,~:: su-~-~, if TENANT fails or refuses to procure or maintain insurance as required by this Lease, or fails or refi~ses to furnish LANDLORD with required proof that the insurance has been procured and is in full force and paid for, tenant shall be deemed to be in default of this agreement. LANDLORD shall have the right, at LANDLORD election and or five (5) days' notice, to procure and maintain such insurance. The premiums paid by LANDLORD shall be treated as added rent due from TENANT with interest at the rate of eighteen percent (18%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the flint day of the month following the date on which the premium was paid· LANDLORD shall give TENANT prompt notice and provide TENANT with a certificate of insurance and agent's invoice evidencing payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall mn from the effective date of coverage. E. TENANT shall have the right to self-insure with respect to any of the above insurance, provided TENANT annually provides evidence satisfactory to LANDLORD that its self-insurance program has been approved by the State of California. 23. Authority of Parties. Each individual executing this Lease on behalf of each party represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of such party and that this Lease is binding upon such party in accordance with its temps. 24. Waiver. The waiver by either party of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, covenant or condition of this Lease, other than the failure of the TENANT to pay the particular rental so accepted, regardless of LANDLORD,s knowledge of such preceding breach at the time of acceptance of such rent. 25. Title and Quiet Eniovment. LANDLORD warrants that TENANT shall have quiet enjoyment of the Premises during the term of this Lease or any extension as provided in this Lease. LANDLORD hereby represcnts and warrants that it has obtained all necessary approvals and consents, and has taken all necessary action to enable LANDLORD to enter into this Lease and allow TENANT to install and operate the Facilities on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of the Property. 26. Time. Time is of the essence of this Lease and each and all of its provisions in which performance is/~ factor. 27. Late Charges. TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent or other sums due hereunder will cause LANDLORD to incur costs not contemplated by this Lease, the exact mount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or of a sum due fi.om TENANT shall not be received by LANDLORD or LANDLORD's designee within ten (10) days afterTENANT'S receipt of written notice that said amount is past due, then TENANT shall pay to LANDLORD a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that LANDLORD will incur by reason of the late payment by TENANT. Acceptance of such late charges by LANDLORD shall in no event constitute a waiver of TENANT's default with respect to such overdue amount, nor prevent LANDLORD from exercising any of the other rights and remedies granted hereunder. 28. Inability to Perform. This Lease and the obligations of either party hereunder shall not be affected or impaired because the other party is unable to fulfill any of obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of either party. · 29. SaFe of Premises by LANDLORD. In the event of any sale or conveyance of the Premises, LANDLORD shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this 115 Lease arising out of any act, occurrence or omission occurring after the consummation of such sale or conveyance. The purchaser, at such sale or any subsequent sale of the Premises, or other subsequent owner of the Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of LANDLORD under this Lease. 30. Signs and Lights. Unless otherwise required by any law or ordinance, TENANT shall not place any sign upon the Premises w~thout LANDLORD s prior written consent and approval thereof. TENANT shall not illuminate any communications tower or antenna unless required by law or as may be approved in writing by LANDLORD. 31. Successors. Subject to the provisions of this Lease with respect to assi~mnnent and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the successors of the respective parties. 32. Notices. Except where otherwise required herein, any notice required or permitted under the terms of this Lease shall be deemed served when personally served on TENANT or LANDLORD or when the same has been placed in the United States mail, postage prepaid and addressed as follows: TENANT: LAND LORD: Cingular Wireless City of Rancho Cucamonga Mail Code GAN02 Attn: City Clerk Attention: Network Real Estate Administration 10500 Civic Center Drive 6100 Atlantic Boulevard P.O. Box 807 Norcross, Georgia 30071 Rancho Cucamonga, CA 91729 COPY TO: Cingular Wireless 2521 Michelle Drive, 2nd Floor Tustin, California 92780 Attention: Legal Department _~ ~'~'u'~"~ 3u"~°'o' 33. Execution by LANDLORD Not a Waiver. TENANT understands and agrees that LANDLORD, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in the City of Rancho Cucamonga to approve, disapprove or conditionally approve any application which TENANT may be required to make under any laws, roles, ordinances or regulations now or hereafter in effect which said City may be empowered to apply, including, but not limited to any use permit, wireless permit or approval, whether similar in nature or not. 34. Entire A~. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on its own examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any obi ection, contention, or claim that might have been based on such reading, inspection, or advice. 35. Applicable Law and Venue. Any action brought to enforce any provision of this Lease shall be brought in the Superior Court of the County of San Bernardino and the same shall be governed by the laws of the State of California. [SIGNATURE PAGE FOLLOWS] INITIALED BY: -- WHEREFORE, the parties hereto have entered into the [.ease as of the date set forth below opposite the name of each signatory hereto. "TENANT" PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company By:GSM FACILITIES, LLC, its sole member By:CINGULAR WIRELESS, its agent ATTEST WITNESS Name: Chtttles Vran ~~ Title: Vice President RealEstate/Special Project~ Date: ?/~ ~'/0~' Date: "LANDLORD" CITY OF RANCHO CUCAMONGA a municipal corporation ATTEST WITNESS By: Name: Title: Mayor Date: Date: Tax ID: 95-3213002 ATTEST WITNESS By: Name: Title: City Clerk Date: Date: EXHIBIT A LEGAL DESCRIPTION OF THE PREMISES The Premises and utility easement is legally described as follows: APN: 1061-631-01 LEASED PREMISES ALL OF LOTS 7 AND 8, BLOCK 14, OF CUCAMONGA HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 46, RECORDS OF SAN BERNADINO COUNTY, LYING NORTHERLY. EXCEPTING THEREFROM PARCEL A, PARCEL B, AND PARCEL C OF SAID PLAT, BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS; COIvlMENCING AT A IRON PIN AT THE INTERSECTION OF BERYL STREET AND HILLSIDE ROAD, THENCE SOUTH 00 DEGREES 14 MINUTES 11 SECONDS WEST, A DISTANCE OF 1143.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 49 SECONDS WEST, A DISTANCE OF 262.72 FEET TO THE POINT OF BEGINNING; THENCE sOUTH 65 DEGREES 29 MINUTES 07 SECONDS WEST, A DISTANCE OF 17.29 FEET; THENCE NORTH 25 DEGREES 36 MINUTES 35 SECONDS WEST, A DISTANCE OF 28.66 FEET; THENCE NORTH 65 DEGREES 14 MINUTES 46 SECONDS EAST, A DISTANCE OF 17.41 FEET; THENCE SOUTH 25 DEGREES 22 MINUTES 06 SECONDS EAST, A DISTANCE OF 28.73 FEET TO THE POINT OF BEGINNING. UTILITY EASEMENT ALL OF LOTS 7 AND 8, BLOCK 14, OF CUCAMONGA HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 46, RECORDS OF SAN BERNADINO COUNTY, LYING NORTHERLY. EXCEPTING THEREFROM PARCEL A, PARCEL B, AND PARCEL C OF SAID PLAT, BEING A 5 FOOT WIDE UTILITY EASEMENT, 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT A IRON PIN AT THE INTERSECTION OF BERYL STREET AND HILLSIDE ROAD, THENCE SOUTH 00 DEGREES 14 MINUTES 11 SECONDS WEST, A DISTANCE OF 1143.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 49 SECONDS WEST, A DISTANCE OF 262.72 FEET; THENCE SOUTH 65 DEGREES 29 MINUTES 07 SECONDS WEST, A DISTANCE OF 14.79 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE SOLrl~H 47 DEGREES 37 MINUTES 06 SECONDS EAST, A DISTANCE OF 285.09 FEET TO THE POINT OF TERMINUS, BEING AN EXISTING ELECTRICAL TRANSFORMER. //? sn~ N~,~ ~-,to-z! EXHIBIT B DESCRIPTION OF THE pREMISES The Premises consist of those areas described/shown below and where LANDLORD's communications antennae, equipment, cables and utilities occupy the Property. The Premises and the associated utility connections and access, including easements, ingress, egress, dimensions, and locations as described/shown below, are approximate only. and maybe adjusted or changed by TENANT at the time of construction to reasonably accommodate sound engineering criteria and the physical features of the Property. See.attached plans dated 06/11/02, identified as SB- 186-01-P2-B 1 As-builts of the Premises will replace this Exhibit "B" when initialed by LANDLORD. Notes 1. This Exhibit will be replaced by As-builts of the Premises once it is received by Tenant. 2. Setback of the Premises from the Landlord's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shbwn above. ............. ~~,:. WIRELESS "~~=~- '~-~~ SD- 186-01 -P2 -. ---~-' ~-'~'= MONOPOLE ANTENNA INSTALLATION ...... ..~.,..~.....~o.~...,.,.,,.~, 5500 BERYL STREET I ~ ~,.~ ...... , ...... PROPOSED PROJECT: .~,.. Vicinity Map ......... CONSTRUCTION P~N ~'~'"-"-" ' ~ A-2 c~''~ .....'" -5~ ~ , & ,..~ /" /' I I C ~OUNDARY DETAIL ~ ~ ~ en TOPOGRAPHIC SIT[ SURVEY RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: c/o Cingular Wireless Mail Code GAN02 Arm: Network Real Estate Administration 6100 Atlantic Boulevard Norcross, GA 30071 MEMORANDUM OF GROU~~D LEASE THIS MEMORANDUM OF GROLTND LEASE AGREEMENT ("Memorandum") is executed as of ., 2002, by and between CITY OF RANCHO CUCAMONGA, a municipal corporation ("Landlord"), and PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company doing business as CINGULAR wIRELESS ("Tenant"). RECITALS WHEREAS, Landlord and Tenant have executed that certain Ground Lease Agreement ("Agreement") ,2002, covenng certain prermses and related improvements ("Prenuses") dated as of - ' a Coun of San Bemardino, State of situated on certain real property located m the C~ty of Rancho Cucamong , ty California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Landlord and Tenant desire to record notice of the Agreement in the Official Records of San Bemardino County, California; NOW, THEREFORE, in consideration of the foregoing, Landlord and Tenant hereby declare as follows: 1. Demise. Landlord has leased the Premises to Tenant and Tenant has hired the Premises from Landlord, subject to the terms, covenants and conditions contained ~n the Agreement. 2. Expiration Date. The term of the Agreement ("Term") is scheduled to commence on or about ,2002 and shall expire ten (10) years thereafter, subject to Tenant's option to extend the Term pUrsuant to Section 2 of the Agreement for four (4) additional terms of five (5) years each. A reement Controlling. This Memorandum is solely for the purpose of giving constructive 3. g .......... u~ terms of the Am-eement and this Memorandum, the notice of the Agreement. In the event otcontllC[ Detweett t~rc ~- · terms of the Agreement shall contxol. [SIGNATURE PAGE FOLLOWS] INITIALED BY: -- , . ..... ,~ -- .- ~ £'~ [,ease iN WITNESS WIIEKEOF, m~ndlord ant Ten.at na,e eA~-calc-, mis I~,:emor-ndttm o ~Jrcund Agreement as of the date and year fa'st written above. 'TEN.a~NT' PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company By:GSM FACILITIES, LLC, its sole member By: CINGULAR WIRELESS, its agent Title: Vice Presider RealF.~tate/Special Proiect~ Date: Date: "LANDLORD" · CITY OF RANCHO CUCAMONGA a municipal corporation ATTEST V~ITNESS By: Name: Title: Mayor Date: Date: Tax ID: p5-3213002 ATTEST WITNESS By: Name: Title: City Clerk Date: Date: STATE OF CALIFORNIA ) cOUNTY OF _O_~_~ ) On before e, L', , personally appeared ~ '~-t"~ V~e-i~C ~ ' personally ~o~ to me (~a~v~d ~o me on me ba~i~ zfz:~cr~cte~' ~.i~n~ to be ~e pe~o~(s) whose ~m~) is/~ subscribed to ~e ~t~n i~ment and ac~owledged hi~ auto.ed capaci~), ~d &at by ~r s~gna~e(~ on &e ~ent ~e p~son~), or ~e enfi~ upon be~lf of w~ch the person~ acted, executed ~e ~ment. STATE OF CAL~O~A ) CO~Y OF ) On , before me, personally appeared personally ~o~ to me (or proved to me on the b~is of satisfactu~ evidence) to be ~e pe~on(s) whose ~me(s) iffare subscribed to ~e ~t~n ~ment and ac~owledged tu me ~t he/she/~ey executed ~e same ~s~er/~e~ authored capacities), and ~at by ~s~er/~ek signa~e(s) on ~e ~ent ~e pe~on(s), or ~e enfi~ upon behalf of w~ch the person(s) acte~ executed ~e ~s~ent. WI~SS my hand and o~cial seal. (Signature of Notary Public) STATE OF CALIFORNIA ) COUNTY OF ) On ., before me, ' personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who~e name(s) : is/are subscribed to the within insU'ument and acknowledged to me that he/she/they executed the same m his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the insmament,. WITNESS my hand and official seal. (Signalure of Notary Public) EXHIBIT A LEG,aL DESCRIPTION OF THE PREMISES Landlord's Property of which Premises are a part is legally described as follows: APN: 1061-631-01 All of that certain real property located in the County of Riverside, State of California, being more particularly described as follows: Ali of Lots 7 and 8, Block 14 of Cucamonga Homestead Association, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 6 of Haps, Page 46, Records of said County, lying NortheHy and Westerly of the following parcels: PARCEL A: Those portions of said Lots 7 and 8 described as follows: Beginning at a 1-inch County Surveyor Honument marking the intersection of the centerline of Beryl Avenue (66 feet wide) with the centerline of Hillside Road (66 feet wide) as said intersection is shown on County Surveyor Plat No. 7118 filed in the Office of the San Bernardino County Surveyor; thence along said centerline of Hillside Road North 89° 32' 44" West, 86.19 feet; thence South 52° 30' 23" West, 131.47 feet; thence along a line hereinafter referred to as "Line A", South 53° 46' 33" West, 1194.02 feet to a point hereinafter referred to as "Point A"; v' thence at right angles North 36° 13' 27" West, 3.00 feet, to a point hereinafter referred to as "Point B'; thence South 53° 46' 33" West, 259.41 feet to a point in the Southerly prolongation of the East llne of that Parcel of land described as "Parcel B", in document recorded in Book 6185, Page 377 Official Records of said County, said point being distant along said Southerly prolongation South 0° 14' 05' West, 88.87 feet from the Northeasterly corner of said "Parcel B"; thence along said Southerly prolongation South 0°14' 05" West, 135.32 feet to a line that is parallel with and distant Southeasterly 106.00 feet from hereinbefore described "Line A"; thence along said parallel line North 53° 46' 33" East, 519.95 feet to a point ,. hereinafter referred to as "Point C"; thence continuing along said parallel line North 53046' 33" East, 1,015.17 feet; thence No~h 52° 30' 23" East, 159.54 feet to a point in the centerline of said Beryl Avenue, said point being distant along said centerline South 0° 17' 25" West, 67.06 feet from the point of beginning;. thence along said centerline North 0% 17' 25" East, 67.06 feet to the point of beginning. - 4 - INITIALED BY: ~ TH E C I T Y 0 F ]~AN C il 0 C U CAH 0 N CA Staff Report TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kimberly S. Thomas, Management Analyst II DATE: October 2, 2002 SUBJECT: Consideration of an Agreement with the Chaffey College Foundation to Broadcast the Chaffey College Telethon on RCTV-3 October 11-13, 2002. RECOMMENDATION: It is recommended that the City Council consider and approve an agreement with Chaffey College Foundation to broadcast the Chaffey College Telethon 2002 from the Chaffey College Theater, on RCTV-3, the City's PEG channel (government access), via assistance provided to the College by Charter Communications. The Telethon will be broadcast Friday, October 11, 2002 -4:00 to 11:00 p.m., Saturday, October 12, 2002 - 3:00 to 10:00 p.m., and Sunday, October 13, 2002, - 1:00 p.m. to 9:00 p.m. ANALYSIS: Since our operating guidelines maintain that entities and groups eligible to submit messages or programming to be aired on RCTV-3 include: local government, local public educational institutions, and public agencies, as well as agencies whose events are co-sponsored by the City, the Chaffey College Telethon is appropriate for airing on RCTV-3. RCTV-3 airs governmental and community information Bulletin Board that displays text messages the majority of the time, which is normally supplemented with key community related programming aired during prime-time viewing. RCTV-3 programs must be in the public interest and are posted at the discretion of the City RCTV-3 Administrator for conformance with eligibility and content guidelines. RCTV-3 programming may not include content considered obscene; promoting illegal activities; activities that attempt to defraud the viewer or attempt to obtain money by fraudulent pretenses, representations or promises; commercial advertising; or messages promoting, endorsing or opposing a political candidate, initiative or election issue. The Chaffey College Foundation Telethon, produced by Chaffey College Foundation and its Community Partners, is for the sole purpose of developing funds that will be directed to student scholarships and the Chaffey College Childcare Center. The Foundation Board will allocate all funds received from the Telethon. According to the Foundation, the Telethon programming will be comprised of seventy- five percent entertainment, which will be made up of primarily music and bands, which will be taped to insure the language and nature of the entertainment is within keeping of general audience viewing. All live entertainers will be receiving instructions on acceptable behavior before a viewing audience. Professional acts will include both live and video performances and special theme days have been designated. The primary hosts will be John Mannerino of Rancho Cucamonga and Dusty Taylor of Orange County. According to the Foundation, sponsors donations will show on the screen and crawl throughout the telethon. The sponsors will be talking on camera about the importance of the College to their success in the Inland Valley. These segments will be 30 to 60 seconds and may be aired more than once. Both live and taped business and personal testimonials will be aired. They will focus on the benefits of Chaffey College's associate degrees, certification in academic and vocational fields, two-year general education, and major course fields for transfer to four-year college or university program as well as continuing education and life enrichment programs. In accordance with City, and related guidelines, statements of a political or commercial nature will not be allowed. Charter Communications has provided Chaffey College with a temporary connection to the Charter system via fiber optic cable, which will allow for the airing of the Telethon on RCTV-3. The fiber optic cable is located in the Chaffey College Theatre and it is from this location that the Telethon will be taped. A temporary transmitter/receiver will be hooked up for the purpose of the Telethon only. Charter will manually switch the feed from RCTV-3 programming to the Telethon feed before and after the airing of the Telethon. Charter will test the signal before the Telethon for signal quality.All production equipment will be provided by Chaffey College. CONCLUSION: It is recommended that the City Council approve the agreement with Chaffey College Foundation to broadcast the Chaffey College Telethon 2002 from the Chaffey College Theater, on RCTV-3. As the City's current guidelines maintain that entities and groups eligible to submit messages or programming to be aired on RCTV-3 include local government, local public educational institutions, and public agencies, the Chaffey College Telethon is appropriate for airing on RCTV-3. -2- Respectfully submitted, Kimberly S. Thomas Management Analyst II City Manager's Office -3- T H E C I T Y 0 F l~ANC HO CUCAHONCfl DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, City Manager FROM: Lawrence I. Temple, Administrative Services Director SUBJECT: Authorize Staff to Engage the Services of AON Consulting to Provide Actuarial and Consulting Services and Authorize the Appropriation of $21,500 into Account No. 1001001-5300 Recommendation It is recommended the City Council authorize staff to engage the services of AON Consulting to provide actuarial and consulting services and authorize an appropriation in the amount of $21,500 into account number 1001001-5300. Back~lround The City of Rancho Cucamonga currently offers employees 3 healthcare plan choices (Kaiser, PacifiCare and Principal). The City pays for the premium on a two- tier basis, 100% for employees hired before July 1, 1994 and up to $457 a month for employees hired on or after July 1, 1994. The City does not provide retiree healthcare coverage. The City is interested in engaging the services of AON Consulting to review the current healthcare program to determine alternative plan designs that offer cost reductions and cost efficiencies for the future. AON Consulting is a single source vendor and industry leader that specializes in employee benefits. Staff has had the opportunity to work with this company on prior occasions and have a successful working relationship. Respectfully submitted Lawrence I. Temple Administrative Services Director st~f Report-AON Consulting T H E C I T V 0 F "111 ~ANCHO CUCAHONGA Staff Report DALE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Maria E. Perez, Assistant Engineer SUBJECT: APPROVAL TO INCREASE THE CONTRACT AWARD WITH RMA GROUP RELATED TO PHASE lA OF CFD 2001-01 GENERALLY LOCATED NORTH OF FOOTHILL BLVD., SOUTH OF BASE LINE RD., EAST OF DAY CREEK CHANNEL, AND WEST OF ETIWANDA AVE. TO BE FUNDED FROM NC 1- 612-303-5300 (FUND 612 - CFD 2001-01) FOR THE AMOUNT OF $22,000.00 ($20,000.00 PLUS 10% CONTINGENCY OF $2,000.00) RECOMMENDATION It is recommended that the City Council approve the additional award of $22,000.00 with RMA Group to expand the scope of services to include additional compaction testing during grading operations for the Community Facilities District Infrastructure improvements related to Phase lA of CFD 01-01 and authorize the City Engineer to accept the change. BACKGROUND/ANALYSIS On August 7, 2002, the City entered into an agreement to provide Soils and Materials Testing Services with RMA Group. It has been determined that additional compaction testing is necessary to properly complete the project grading. The expanded scope will provide for field observation and compaction testing during grading operations. The additional amount of $22,000.00 is to be funded from Account No. 1-612-303-5300. ~sl~ctfully submitted, ~ Willi'~m J. O'Neil City Engineer WJO: MEP Attachment 10851 EDIsoN COURT, RANCHO CUCAMONGA, CA 91730 909-989-1751 FAX: 909-9894287 AGREEMENT BETWEEN CONSULTANT AND CLIENT ADDENDUM NO.: 1 Consultant: RMA Group Date: August 19, 2002 Client: City of Rancho Cucamonga Project: Community Facilities District 2001-01 Job N°: 02-152-00(01) The client hereby authorized RMA Group to perform the following work: Additional services which were not included in the original proposal. These services will consist of observing rough grading operations, performing sod tests, and submittal of a soil grading report. Our representative will observe rough grading operations on a continuous basis. Water content, in place density (compaction), maximum density - optimum moisture, expansion index and soluble sulfate tests will be performed at a frequency and at locations selected by the sod engineer. Our laboratory can perform other soils tests, if requested, at an additional charge. During the course of construction we will notify the owner in writing, with copy to the contractor if, at any time in our opinion, the work is not in conformity to the plans and specifications. Upon completion of the work we will prepare a final report for the owner, which will summarize our observations and the results of all tests performed The final report will contain recommendations and opinions regarding the conformance of the completed rough grading to the intent of the plans', soil engineering reports, and specifications. Our recommendations will be consistent with sound engineering practices and shall incorporate federal, state and local laws, codes, ordinances and regulations which, in our professional opinion, are applicable at the time our professional services are rendered. The estimate of charges for the proposed services is as follows: · Field Observation and Testing $15,260.00 · Laboratory Testing $2,620.00 · Report Preparation $2,080.00 · Total Costs $19,960.00 City of Rancho Cucamonga Community Facilities District Rancho Cucamonga, CA August 19, 2002 We propose to perform these services on an hourly or test rote basis in accordance to the fee schedule contained in the contract dated: June 10, 2002, for an additional estimated mount of $19,960.00. The estimate work sheet is attached. This will increase the total contract from $79,880.00 to $99,840.00. All other terms and conditions of the contract shall apply to this change order. In witness thereof; the parties have caused this agreement to be duly executed the day and year first above written. By: Ed Title: Title: Vice President Date: Date: August 19, 2002 RMA Job N°: 02-068-00 Page2 City of Rancho Cucamonga Community Facilities District Rancho Cucamonga, CA August 19,' 2002 Estimate Work Sheet Grading Observation and Testing 1TEM QTY UNIT I TOTAL PRICE I Field Observation and Testing Soil Technician 200 hr 65.00 13,000.00 Supervising Technician 20 hr 75.00 1,500.00 Project Geologist- Field 8 hr 95.00 760.00 Subtotal $15,260.00 Labomto _fy Testing Maximum Density- Optimum Moisture 12 ea[ 125.00 1,500.00 Expansion Index 8 ea I 95.00 760.00 Soluble Sulfate 8 ea 45.00 360.00 Subtotal $2,620.00 Engineering Review and Report Preparation PrincipalEngineer- Office 2 hr 145.00 290.00 Project Engineer- Office 8 hr 105.00 840.00 Project Geologist- Office 4 hr 95.00 380.00 Draining 6 hr 50.00 300.00 Data Entry 6 hr 25.00 150.00 Secretarial 4 hr 30.00 120.00 Subtotal $2,080.00 Grading Observation and Testing Total $19,960.00 RMA Job N°: 02-068-00 Page3 / q/ VICINITY MAP COMMUNITY FACILITIES DISTRICT NO.2001-01 EXHIBIT A NOT A PART CITY OF RANCHO CUCAMONGA MEMORANDUM i DATE: October i, 2002 TO: Mayor and Members of the City Council Jack Lan~, AI, CP, City ManagerC~ FROM: William J. O Neil, City Engineer~/ ~ BY: Robert Lemon, Assistant Engineer SUBJECT: Ci~ Council Agenda (10/2/2002 meeting) - Consent Calendar Item No. 15 - Approval orA Professional Services Agreement with an Electrical Design Consultant to Design the Electric Distribution System for Commercial Property within Victoria Arbor,q As part of the City's strategy to provide electric service to the Victoria Arbors area, staff solicited proposals from two qualified electrical design firms to initiate the preliminary design and technical studies for the electrical distribution system for the Victoria Gardens Mall site. In the interest of time and to minimize any delays to the design of other utility infrastructure that is contingent upon the preliminary design of the electrical distribution system, an item for the approval of a professional services contract with the successful proposer was placed on the Consent Calendar of the City Council Agenda for the meeting of October 2, 2002. All proposals were due by September 30, 2002, were to be reviewed and evaluated, and a recommendation specifying the design firm and the contract amount to be awarded was to be forwarded to the City Council prior to the Council meeting of October 2, 2002 via separate memorandum. This memo serves to provide this additional information. The City received one proposal with a base amount of $8,700 from Butsko Utility Design, Inc. In addition to this base amount, a standard hourly rate is proposed for involvement in developer negotiations and team meetings. It is estimated that approximately $2,300 is required for meeting/negotiation purposes. This brings the total proposed contract price to $11,000. The second design firm declined to submit a proposal. It is recommended that the City Council take action on Consent Calendar Item No. 15 to approve a professional services contract with Butsko Utility Design in an amount of $12,100 (contract cost plus 10% contingency) to be funded from Acct. No. 1016301- 5300, and to approve an appropriation of $12,100 to Acct. No. 1016301-5300 from the Community Development Technical Services Reserves fund balance. I~ A N C H O C U C A M O N G A ENGINEERING DEPART~IENT StaffRe rt DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Robert Lemon, Assistant Engineer SUBJECT: Approval of a professional services contract with an electrical design consultant, amount not yet determined, for the design of the electrical distribution system to serve the commercial development within the Victoria Arbors area and approval of an appropriation to Acct No. x-xxx- xxx-xxxx from fund balance in an amount to be determined by October 2, 2002. RECOMMENDATION: It is recommended that the City Council approval a professional services contract with an electrical design consultant, amount not yet determined, for the design of the electrical distribution system to serve the commercial development within the Victoria Arbors area and approve an appropriation to Acct No. x-xxx-xxx-xxxx from fund balance in an amount to be determined by October 2, 2002. BACKGROUNDIANALYSlS: On August 31, 2001, the Rancho Cucamonga City Council authorized the creation and operation of a municipally owned utility for the purpose of providing various utility services. Subsequently, on August 21, 2002, the Council authorized the filing of a Wholesale Distribution Access Tariff Application with Southern California Edison Company ("Edison") for the potential provision of electric service to the Victoria Arbors development area by the Rancho Cucamonga Municipal Utility. The next step in continuing the City's strategy to provide electric service to the Victoria Arbors area is to initiate the preliminary design and technical studies for the electrical distribution system for the Victoria Gardens Mall site. Staff solicited proposals from two qualified electrical design firms to provide the necessary services. All proposals were due by September 30, 2002, reviewed and evaluated with a subsequent recommendation, specifying the design firm and the contract amount to be awarded, forwarded to the City Council prior to the Council meeting of October 2, 2002 via CITY COUNCIL STAFF REPORT APPROVAL OF A PROFESSIONAL SERVICES CONTRACT FOR PRELIMINARY DESIGN OF THE VICTORIA GARDENS ELECTRICAL DISTRIBUTION SYSTEM OCTOSER 2, 2002 PAGE 2 separate memorandum. The successful proposal and contract amount will be announced at the time of the October 2"d Council meeting. This process was followed in the interest of time in order to minimize any delays to the design of other utility infrastructure that is contingent upon the I~reliminary design of the electrical distribution system. It is recommended that the City Council approve a professional services contract with the electrical design consultant firm for the contract amount to be announced at the meeting of October 2, 2002 and approve an appropriation from fund balance in the amount equal to 110% of the contract amount (contract cost plus 10% contingency) to an Account Number to be announced at the same meeting. Respectfully Submitted, William J. O'Neil City Engineer T H E C I T Y © F [~AN C H 0 C U CAI~i 0 N GA Staff Report DATE: October 2, 2002 TO; Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL FOR THE LEASE AND INSTALLATION OF ONE MODULAR BUILDING FROM GE CAPITAL MODULAR SPACE FOR THE CIVIC CENTER RENOVATION IN AN AMOUNT NOT TO EXCEED $29,900 AND SITE PREPARATION COSTS NOT TO EXCEED $77,000, FUNDED FROM ACCOUNT 1025-001-5300 Recommendation It is recommended that the City Council approve a lease and installation agreement with GE Capital Modular Space for the modular buildings that will be used for the Civic Center public counter operations during the seismic retrofit of the Civic Center building. The lease amount will not exceed $29,900 and the site preparation costs will not exceed $$77,000 and will be funded from account 1025-001-5300. Background In order to accommodate the construction necessary for the seismic retrofit of the Civic Center it will be necessary to vacate the central rotunda. To accommodate the public, the City will lease a modular office and locate it next to the Civic Center in the north employee parking lot. Request For Proposals (RFPs) were sent to seven modular vendors and eleven vendors attended the proposal conference. One responsive bid was received from GE Capital Modular Space. Staff began negotiating with this vendor on terms and price. The result will be offices that will serve the public and the public counter staff for six to nine months. A 3,200 square foot modular will be used as a temporary public counter for Administrative Services, Engineering, Planning and Building and Safety. This building will be located on the north parking lot immediately adjacent to the Civic Center. /,/5 Page 2 October 2, 2002 APPROVAL FOR THE LEASE AND INSTALLATION OF ONE MODULAR BUILDING FROM GE CAPITAL MODULAR SPACE FOR THE CIVIC CENTER RENOVATION IN AN AMOUNT NOT TO EXCEED $29,900 AND SITE PREPARATION COSTS NOT TO EXCEED $77,000, FUNDED FROM ACCOUNT 1025-001-5300 The lease costs for the first six months will not exceed $29,900. The site preparation and building set-up costs will not exceed $77,000 and includes a 10% contingency. It is recommended that the City Council approve this lease and installation as well as the necessary appropriation. Duane A. Baker Assistant to the City Manager R A N C H O C U C A M O N G A ~ NGINEI~I~IN G DEF'AI~THENT Staff Report DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND, FOR CUP 97-05, LOCATED ON THE NORTHEAST CORNER OF NINTH STREET AND VINEYARD AVENUE, SUBMITTED BY SEARING INDUSTRIES RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for CUP 97-05, located on the northeast corner of Ninth Street and Vineyard Avenue, submitted by Searing Industries. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: Searing Industries 8901 Arrow Route Rancho Cucamonga, CA 91730 Respectfully submitted, William O. O'Neil City Engineer WJO:LRB:Is Attachments 1't7 HILLSIDE I HILLS(nE WILSON .ANYAN N HIGHLAND UPLAND BADELINE FONTANA THE cITY OF RANCHO CUCAI~A LOCATION MAP cup ~7-o$- ONTARIO R A N C H O C U C A M O N G A I1"1 ENGINEERING DEPARTPlENT Staff Report DATE: October 2, 2002 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: RELEASE OF MAINTENANCE GUARANTEE BOND, FOR CUP 98-17, LOCATED ON THE SOUTHWEST CORNER OF HERMOSA AVENUE AND ARROW ROUTE, SUBMITTED BY MICHAEL A. GIUBRIBINO RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for CUP 98-17, located on the southwest corner of Hermosa Avenue and Arrow Route, submitted by Michael A. Giubribino. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Release cash deposit Rec. 01-89635 in the amount of $2,925.00. Developer: MichaelA. Giubribino 2200 Cota Street Norco, CA 91760 Respectfully submitted, Willian~ J. O'Neil City Engineer WJO:LRB:Is Attachments N CITY OF . ITmW: c~ ~a-~? RANcHo CUCAMONGA Trm.~.- ~ow~. o~ ~ow~ ~. ]~N'GI]N'~.~RING DIVISION EXI'-r~I~. v~c~'N~Z ~ I~ A N C H O C U C A M O N G A 1~ NCIN E E l~li~ G I~ E DAI~ T ~i E N T DATE: October 2, 2002 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: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS For CUP 98-30, SUBMITTED BY C & G CONSTRUCTION COMPANY, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE RECOMMENDATION: The required improvements for CUP 98-30 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. BACKGROUND/ANALYSIS: As a condition of approval of completion of CUP 98-30, located the south side of Feron Boulevard, west of Hermosa Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond. Developer: C & G Construction Company 9999 Feron Boulevard Rancho Cucamonga, CA 91730 Release: Faithful Performance Bond 6045058 $12,000.00 Resp~y submitted, City Engineer RESOLUTION NO. OZ- ~1~ 7 / A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-30 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 98-30, 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. /55 R A N C H O C U C A M O N GA IL N Gl N E ~ RI N G L~E PA R TM EN T DALE: October 2, 2002 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: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DR 00-25, SUBMITTED BY STEFAN A. SMITH, LOCATED ON THE NORTH SIDE OF WHITE BIRCH DRIVE, EAST OF ELM AVENUE RECOMMENDATION: The required improvements for DR 00-25 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 DR 00-25, located on the north side of White Birch Drive, east of Elm Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Stefan A. Smith 2313 E. Philadelphia, Suite G Ontario, CA 91761 Release: Faithful Performance Bond 817436S $12,200.00 Accept: Maintenance Bond cash $ 2,200.00 ~ull. y submitted, William J. O'Neil City Engineer WJO:LRB:Is ~ . ',ITY OF ~ rANCHO CUCAMONGA Trm~:= VICIAI ITY Ivbqp _ NGINEERING DIVISION ' RESOLUTION NO. ~) ~.' 2 7Z A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-25 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DR 00-25, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be flied, 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. R A N C H O C U C A M O N G A I~'N G I N E E R I N G D E PAR ~M E N T S :fRe rt DALE: October 2, 2002 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: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR CUP 00-33, SUBMITTED BY ALTA LOMA ASSISTED LIVING LLC, A LIMITED LIABILITY COMPANY, LOCATED ON THE NORTH SIDE OF NINETEENTH STREET, BE'I'WEEN AMETHYST AND HELLMAN AVENUES RECOMMENDATION: The required improvements for CUP 00-33 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 Pedormance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of CUP 00-33, located on the north side of Nineteenth Street, between Amethyst and HelJman Avenues, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Alta Loma Assisted Living LLC, a Limited Liability Company 437 S. Cataract Avenue, Suite 3 San Dimas, CA 91773 Release: Faithful Performance Bond 832016S $119,000.00 Accept: Maintenance Bond 832016S $ 11,900.00 R e~p'e'c~ully submitted, WilliAm"& O Neil City Engineer cup 00-33 il WILSON WILSON AVE BANYAN ST ST P~'~^M IS' ,I [ ') L_J I VICTORIA LINE ARROV INSF RR "~'~~ 6TH ST RESOLUTION no. A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 00-33 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 00-33, 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. TH E CiTY OF RANCHO CU CAI~ON GA $ta££ Report DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Tom Grahn, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449 - CITY OF RANCHO CUCAMONGA - A request to add Emergency Shelter Provisions by amending Chapter 17.08 (Residential Districts), Chapter 17.10 (Commercial/Office Districts), and 17.30 (Industrial Districts) of the Rancho Cucamonga Development Code, to determine those conditions and standards where emergency shelter facilities may be located. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. RECOMMENDATION: The Planning Commission unanimously recommends approval of the subject Development Code Amendment. BACKGROUND: During the most recent Housing Element update, the State Department of Housing and Community Development (HCD) identified that the City must comply with State law to provide an analysis of special housing needs consistent with the California Government Code (§ 65583(a)(6)). The Housing Element Technical Appendix (Section 7 - Special Housing Assistance Needs Groups) addresses special housing needs for specific groups including: persons with disabilities, elderly, large family, female-headed households, homeless, and farm workers. To ensure that the Development Code provides sufficient opportunity where public service providers may address the needs of these groups, a program goal was specifically identified in the Housing Element. Program 2.C.2 establishes: "Evaluate existing Code requirements to determine those conditions and standards where various types of shelter facilities may be located, including review and evaluation of industrial districts. Research and evaluate special requirements for location of shelters for abused women and children, specifically the need for an anonymous address." ANALYSIS: Establishing Emergency Shelter provisions requires both a definition of that use and the identification of areas where that use will be permitted. General development standards are not included in this analysis because the consideration of issues relating development (i.e., size of facility, hours of day time operation, capacity, length of stay, parking, environmental issues, etc.) will be evaluated on a case-by-case basis specifically relating to the individual characteristics of each proposed project site. CITY COUNCIL STAFF REPORT DCA DRC2002-00449 - CITY OF RANCHO CUCAMONGA October 2, 2002 Page 2 The proposed Emergency Shelter guidelines do not include provisions for Transitional Housing. Transitional Housing typically allows for an extended stay (longer than an immediate need for housing), and support services for the occupants (i.e., medical aid, employment, housing counseling, etc.). The intent of this Code revision is to address opportunities for establishing Emergency Shelter facilities, not to provide long-term transitional housing. Emergency Shelter facilities are typically used by persons or families, that lose their housing, employment, or financial support, and find themselves in an immediate need for housing. Although these shelters could provide housing for victims of domestic violence, they are not likely to be used as such because victims of domestic violence may be looking for a more secure location. Shelters for victims of domestic violence (i.e., House of Ruth) are typically established under an anonymous address to protect shelter residents from further harm. When permitted, Emergency Shelter facilities will be established through a Conditional Use Permit, which requires a public hearing process and the project is tied to a site-specific address. The public notice requirements of establishing an Emergency Shelter facility could be contrary to the purpose of creating an anonymous shelter for victims of domestic violence. The attached revisions establish the definition of Emergency Shelter facilities, and those development districts where these facilities may be located. Emergency Shelter facilities are not permitted in any residential districts; however, they would be conditionally permitted in the General Commercial District and various Industrial Districts (the area generally west of Haven Avenue and south of Arrow Route). ENVIRONMENTAL ASSESSMENT: This amendment is based on th~ updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Staff has reviewed the proposed Development Code Amendment in accordance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated and determined that it is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3). CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. Respectfully submitted, City Planner BB:TG/jc Attachments: Exhibit "A" - Planning Commission staff report dated July 10, 2002 Exhibit "B" - Planning Commission minutes dated July 10, 2002 Exhibit"C" - Planning Commission Resolution No. 02-67 Draft Ordinance I&l TH E CITY OF ~AN C IlO (21~ CAH 0 N GA Staff Report DATE: July 10, 2002 TO: Chairman and Members of the PLanning Commission FROM: Brad Buller, City PLanner BY: Tom Grahn, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449 - CITY OF RANCHO CUCAMONGA - A request to add Emergency Shelter Provisions by amending Chapter 17.08 (Residential Districts), Chapter 17.10 (Commercial/Office Districts), and 17.30 (industrial Districts) of the Rancho Cucamonga Development Code, to determine those conditions and standards where emergency shelter facilities may be located. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. BACKGROUND: During our most recent Housing Element update, the State Department of Housing and Community Development (HCD) identified that the City must comply with State law to provide an analysis of special housing needs consistent with the California Government Code (§ 65583(a)(6)). The Housing Element Technical Appendix (Section 7 - Special Housing Assistance Needs Groups) addresses special housing needs for specific groups including: persons with disabilities, elderly, large family, female-headed households, homeless, and farm workers. To ensure that the Development Code provides sufficient opportunity where public service providers may address the needs of these groups, a program goal was specifically identified in the Housing Element. Program 2.C.2 establishes: "Evaluate existing Code requirements to determine those conditions and standards where various types of shelter facilities may be located, including review and evaluation of industrial districts. Research and evaluate special requirements for location of shelters for abused women and children, specifically the need for an anonymous address." ANALYSIS: A. Purpose: Establishing Emergency Shelter provisions will require both a definition of that use and the identification of areas where that use will be allowed. General development standards are not included in this analysis as the consideration of issues relating to the size, hours of day time operation, capacity, length of stay, parking, environmental issues, etc., should be evaluated on a case-by-case basis depending on the individual characteristics of each proposed project site. "A PLANNING COMMISSION STAFF REPORT DCA DRC2002-00449 -.CITY OF RANCHO CUCAMONGA July 10, 2002 Page 2 Emergency Shelter facilities do not include provisions for Emergency Domestic Shelters or Transitional Housing. Shelters for victims of domestic violence should be established under an anonymous address to protect shelter residents, are therefore not intended to be included within this definition. This is because any proposed shelter would be established through a public hearing process where the project is tied to a site-specific address. The public notice requirements would be contrary to the purpose of creating an anonymous domestic violence shelter. Additionally, this will not include Transitional Housing, which would allow for an extended stay and support services for finding employment, counseling, etc. B. Proposed Revisions: Definitions - Section 17.02.140(C). Add the following definition: Emerqency Shelter: A use that provides short-term accommodations to individuals and/or families on a first-come first-serve basis. Occupants must vacate the facility each morning and have no guaranteed bed for the next night. Accommodations may include: lodging, meals, laundry facilities, bathing facilities, and other personal services. Residential Districts - Chapter 17.08: No revision is proposed. Emergency Shelters are not to be permitted any Residential District. Commercial/Office Districts - Chapter 17.10: Revise Table 17.10.030 (Use Regulations for Commercial/Office Districts) to identify that Emergency Shelter facilities are permitted in the General Commercial (GC) District, subject to approval of a Conditional Use Permit. Industrial Districts Chapter- Chapter 17.30: Revise Table 17.30.030 (Use Regulations for Industrial Districts) to identify that Emergency Shelter facilities are permitted in the General Industrial (Gl) District (Subareas 1,3, 4, and 5) subject to approval of a Conditional Use Permit. Revise Section 17.30.030(D)(5) Civic Use Types to include the definition established above. ENVIRONMENTAL ASSESSMENT: This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Staff has reviewed the proposed Development Code Amendment in accordance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated and determined that it is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3). CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. PLANNING COMMISSION STAFF REPORT DCA DRC2002-00449 - CITY OF RANCHO CUCAMONGA July 10, 2002 Page 3 RECOMMENDATION: Staff recommends the Planning Comm!ssion forward a recommendation for the adoption of the proposed Ordinance to the City Council. Respectfully submitted, Brad Buller City Planner BB:TG:mlg Attachments: Draft Resolution Draft Ordinance ~ in and ask for reduced parking, they am actually restricting themselves for anything they wou~n the future; it is almost self-governing. Chairman McNiel opened the public h"e'a~nd seeing and hearing no comment, closed the public ~~m" to comply with State requirements. Mot'~nded by Stewart, to~-,c~mend approval of Development Cod~~cation that the ~[l~riod be maximized to the extent of State law. ~ AYES: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ~ -- ~ - carried ABSENT: MAClAS~ ~ J. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002- 00449 - CITY OF RANCHO CUCAMONGA- A request to add Emergency Shelter Provisions by amending Chapter 17.08 (Residential Districts), Chapter 17.10 (Commercial/Office Districts), and 17.30 (Industrial Districts) of the Rancho Cucamonga Development Code, to determine those conditions and standards where emergency shelter facilities may be located. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Tom Gmhn presented the staff report noting that this provision is for emergency shelter. He mad the definition into the record as follows: A use that provides short-term accommodations to individuals and/orfamilies on a first-come first-serve basis. Occupants must vacate the facility each morning and have no guaranteed bed for the nex~ night. Accommodations may include: lodging, meals, laundry facifl'ties, bathing facilities, and other personal services. Chairman McNiel asked if this would be used for emergencies such as rims or floods. Mr. Grahn stated that it is not. Chairman McNiel asked if transients could stay them. Mr. Grahn stated that it is not for this purpose, no one can stay long term and in fact, must leave each day. Chairman McNiel asked if specific locations have been defined. Brad Bullet, City Planner noted that staff has recommended these shelters be allowed in Industrial Subamas 1, 3, 4 and 5 or in the General Commercial District with a Conditional Use Permit. Chairman McNiel asked if this is a State requirement? Mr. Bullet stated that it is. Chairman McNiel asked what we did prior to this requirement? Mr. Bullet explained that the State has asked that we address a variety of issues and that it is different from the Emergency Operations Plan (E.O.P). He stated in the cases of catastrophic Planning Commission Minutes -14- July 10, 2002 events, such as floods, we use schools and other buildings. This is to allow for the establishment of a different type of facility. Commissioner Tolstoy asked if this could be used if a person lost their home to fire. Mr. Buller stated that it could, but only for one night and that facility would have had to meet the requirements of a Conditional Use Permit to be established. Chairman McNiel asked what the incentive is for us to participate. Mr. Grahn stated that there really is no incentive to the City, that it is likely that churches may receive funding from non-profits to establish these types of facilities. He added that the use could be for social or environmental emergencies. Commissioner Stewart suggested that organizations such as the United Way would fund a project like this. Mr. Buller explained that the City would not be involved in the funding or running of the facilities, that this provision only allows them to be established. Chairman McNiel opened the public headng. Douglas Pure, 7970 Layton Street, Rancho Cucemonga, stated that it is his understanding that these facilities would be for those less fortunate. He asked for more detail on the four areas in which these facilities would be allowed. Mr. Buller indicated on the overhead map that most of the Industrial area south of Arrow Highway and the area west of Haven Avenue is included but it would not be allowed in the General Office zone. Chairman McNiel closed the public hearing. Motion: Moved by Stewart, seconded by Mannerino, to recommend approval of Development Code Amendment DRC2002-00449 by adoption of the Resolution. AYES: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MAClAS - carried Commissioner Mannerino excused himself at 9:40 p.m. and notified the Commission t hat abstain from the public hearing on Items K, L, and M because he owns a piece of prope~Qj~within one of the areas being discussed. ~ K. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE~IENDMENT DRC2002; 00448 - CITY OF RANCHO CUCAMONGA - An amendment to~th~ Development Code to add text provisions for Mixed Use development for two areas~a One located on the north and south sides of Foothill Boulevard between Grov~e doned Southern Pacific Railroad corridor (trestle) also known ~' ~, located on the_ north side of Foothill Boulevard b~man Avenue both as part of Phase II of the General pl~. Development District Amendment DRC2002~mendment DRC2002-00446B. This amendment i~O ober 17, 2001, for which an Environment pact Report (EIR) was certified. This project is within the scoPe of that planning commission Minutes -15- July 10, 2002 RESOLUTION NO. 02-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2002-00449, A REQUEST TO ADD EMERGENCY SHELTER PROVISIONS BY AMENDING CHAPTER 17.02 (ADMINISTRATION), CHAPTER 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.30 (INDUSTRIAL DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO DETERMINE THOSE CONDITIONS AND STANDARDS WHERE EMERGENCY SHELTER FACILITIES MAY BE LOCATED, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2002-00449, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 10th day of July 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on July 10, 2002, including wdtten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and '%" PLANNING COMMISSION RESOLUTION NO. 02-67 DCA DRC2002-00449 - CITY OF RANCHO CUCAMONGA July 10, 2002 Page 2 c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality ACt of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061. Furthermore, on October 17, 2001, the City Council approved an Environmental Impact Report for the General Plan Update and this Development Code Amendment is consistent with the General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2002-00449 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 4.,~- L~rry T~c~iel, Chairm~n - ATTEST: I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of July 2002, by the following vote-to-wit: AYES: COMMISSIONERS: NANNERZN0, ~ICNZEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NAC[AS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449, THE ADDITION OF EMERGENCY SHELTER PROVISIONS BY AMENDING CHAPTER 17.02 (ADMINISTRATION), CHAPTER 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.30 (INDUSTRIAL DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO DETERMINE THOSE CONDITIONS AND STANDARDS WHERE EMERGENCY SHELTER FACILITIES MAY BE LOCATED AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On the 10th day of July 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 02-67, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On the 2nd day of October 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b)(3) of Division 6 Title 14 of the California Code of Regulations. SECTION 3: Sections 17.02, 17.10, and 17.30 of the Development Code are hereby established to read, in words and figures, as written below: "Definitions - Section 17.02. 140(C). Add the following definitions: Emergency Shelter: A use that provides short-term accommodations to individuals and/or families on a first-come first-serve basis. Occupants must vacate the facility each morning and have no guaranteed bed for the next night. Accommodations may include lodging, meals, laundry facilities, bathing facilities, and other personal services. Transitional Housing: A use that provides long-term accommodations to individuals and/or families in immediate need of housing in which residents may stay longer than overnight. Such housing may include, support services such as emergency medical care, employment, and housing counseling. CITY COUNCIL ORDINANCE NO. DCA DRC2002-00449 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 2 Commercial/Office Districts - Chapter 17. 10: Revise Table 17. 10.030 (Use Regulations for Commercial/Office Districts) to identify that Emergency Shelters are permitted in the General Commercial (GC) District, subject to approval of a Conditional Use Permit. Industrial Districts Chapter- Chapter 17.30: Revise Table 17.30.030 (Use Regulations for Industrial Districts) to identify that Emergency Shelters are permitted in the General Industrial (Gl) District (Subareas 1, 3, 4, and 5) subject to approval of a Conditional Use Permit. Revise Section 17.30.030(D)(5) Civic Use Types to include the definition established above." SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. THE C T Y OF I~ANCHO CUCAMONGA Staff Report DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Tom Grahn, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00443 - CITY OF RANCHO CUCAMONGA - A request to add Affordable Housing Incentives/Density Bonus Provisions, Chapter 17.40 of the Rancho Cucamonga Development Code, to provide for the inclusion of density bonus incentives for the development of affordable housing. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. RECOMMENDATION: The Planning Commission unanimously recommends approval of the subject Development Code Amendment. BACKGROUND: During the most recent Housing Element update, the State Department of Housing and Community Development (HCD) identified that the City must comply with State law to implement density bonus provisions, consistent with the California Government Code (§ 65915, et seq). The intent of this Code revision is to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element by establishing previsions for the production of housing for very Iow, lower income, and senior households. ANALYSIS: The proposed Code revision establishes precedures, requirements, and limitations in the development of affordable housing. These standards are accomplished by providing residential development applicants the opportunity to pursue a density bonus that increases the per acre density of the base residential district. Under the proposed standards, the City may grant either a density bonus (up to 25 percent) or a density bonus with an additional incentive (e.g., a reduction in site development standards) to encourage the development of affordable housing. To improve the economic feasibility of providing affordable housing units, various incentives are provided. These incentives are then reviewed on a case-by-case basis. A Density Bonus Housing Agreement associated with the approval of each housing development application will restrict the long-term affordability of these units. When the City grants a density bonus and no additional incentive, the units are held affordable for 10 years. When the City grants a density bonus and at least one additional incentive, the units are held affordable for 30 years. /7/ CITY COUNCIL STAFF REPORT DCA- DRC2002-00442 - CITY OF RANCHO CUCAMONGA October 2, 2002 Page 2 ENVIRONMENTAL ASSESSMENT: This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Staff has reviewed the proposed Development Code Amendment in accordance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated and determined that it is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3). CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. Brad Buller City Planner BB:TG/jc Attachments: Exhibit "A" - Planning Commission staff report dated July 10, 2002 Exhibit "B" - Planning Commission minutes dated July 10, 2002 Exhibit "C" - Planning Commission Resolution No. 02-66 Exhibit"D" - Proposed Development Code Chapter 17.40 Draft Ordinance IlZ THE CITY OF i~AN C 11 0 CUCA~ONGA Staff Report DATE: July 10, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Tom Grahn, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00443 - CITY OF RANCHO CUCAMONGA - A request to add Affordable Housing Incentives/Density Bonus Provisions, Chapter 17.40 of the Rancho Cucamonga Development Code, to provide for the inclusion of density bonus incentives for the development affordable housing. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. BACKGROUND: During our most recent Housing Element update, the State Department of Housing and Community Development (HCD) identified that the City must comply with State law to implement density bonus provisions, consistent with the California Government Code (§ 65915, et seq). The intent of this code revision is to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element by establishing provisions for the production of housing for very Iow, lower income, and senior households. ANALYSIS: The proposed standards include the procedures, requirements, and limitations for the development of affordable housing. These are accomplished by providing residential development applicants the opportunity to pursue a density bonus that increases the per acre density of the base residential district. Under the proposed standards, the City may grant either a density bonus or a density bonus with an additional incentive (e.g., a reduction in the identified development standard) when an applicant for a housing development agrees to provide: 1. At least 20 percent of the total units of the housing development as target units affordable to lower income households; or 2. At least 10 pement of the total units of the housing development as target units affordable to very Iow income households; or PLANNING COMMISSION STAFF REPORT DCA- DRC2002-00442 - CITY OF RANCHO CUCAMONGA July 10, 2002 Page 2 3. At least 50 percent of the total units of the housing development as target units affordable to qualifying residents (e.g., a senior citizen). To determine the number of density bonus units that could be granted for any specific site, the maximum residential density of the site would be multiplied by 25 percent. When calculating the number of permitted density bonus units, any resulting fractions of units would be deleted. A single development project could not be granted more than one density bonus, however, more than one incentive may be granted. The current residential density is that density allowed by the base residential district and General Plan designation on the date that the development application is submitted. The economic feasibility of providing affordable units is improved by allowing for a reduction in select development standards associated with a project. These incentives are reviewed on a case- by-case basis and include either the density bonus alone, or a density bonus in combination with a reduced development standard. Reduced development standards would contribute to the economic feasibility of providing the affordable units, and may include: a reduced lot size, setback, open space, lot coverage, building height, parking, etc. It is the applicant's responsibility to show that the incentive is necessary to make the housing development economically feasible. A Density Bonus Housing Agreement associated with the approval of each development application restricts the long- term affordability of these units. ENVIRONMENTAL ASSESSMENT: This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Staff has reviewed the proposed Development Code Amendment in accordance with the Califomia Environmental Quality Act of 1970, as amended, and the Guidelines promulgated and determined that it is exempt pursuant to State CEQA Guidelines, Section 15061(b)(3). CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission lo,yard a recommendation for the adoption of the proposed Ordinance to the City Council. Respectfully submitted, Brad Buller City Planner BB:TG:mlg Attachments: Exhibit"A" - Proposed Development Code Chapter 17.40 Draft Resolution Recommending Approval of DRC2002-00443 Chairman public hearing and commented on the project. He stated he did not feel the el ( Drive would impede their access in any way because there are entry to their fueling station. Chairman McNiel re-opened the hearing. Mr. Keolanui up with trucks and therefore this access is needed. Chairman McNiel closed the public hearing. Motion: Moved by ManneHno, seconded by Stewart to resolution recommending approval for Development Code Amendment DRC2002-00321. AYES: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MAClAS - carried I. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002- 00443 - CITY OF RANCHO CUCAMONGA - A request to add Affordable Housing Incentives/Density Bonus Provisions Chapter 17.40 of the Rancho Cucamonga Development Code, to provide for the inclusion of density bonus incentives for the development of affordable housing. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Tom Grahn, Associate Planner, gave the staff report, noting that the State requested several revisions to the City's housing element. Chairman McNiel asked if this is required by the State. Mr. Grahn stated that it is. Chairman McNiel asked if this measure provides the opportunity to meet our affordable housing requirements mandated by the State and what does the City get for its participation or does the City get penalized if it is not done. Mr. Grahn stated he is unaware of anything the City receives for complying with the State mandate. Chairman McNiel asked if we receive any financial assistance from the State for implementing the program. Kevin Ennis, Assistant City Attorney, stated that we do not receive any financial assistance. Mr. Grahn explained that the program is defined by income categories. He added that it improves the developers' opportunities and we can encourage that type of development with this program. Chairman McNiel noted that he thought the City was already participating in this with our senior housing projects (SHOD). Mr. Grahn commented that it is different in that SHOD is specific to seniors and this program is defined by income alone with the exception of seniors that is also age-based in addition to the consideration of their income. Planning Commission Minutes -12- July 10, 2002 developments come in and ask for reduced parking, they are actually restricting themselves for anything they would choose to do in the future; it is almost self-goveming. Chairman McNiel opened the public hearing and seeing and hearing no comment, closed the public headng. He then remarked that this is a "house cleaning item" to comply with State requirements. Motion: Moved by Mannedno, seconded by Stewart, to recommend approval of Development Code Amendment DRC2002-00443 with the modification that the time period be maximized to the extent of State law. AYES: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MACIAS - carried j. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 00449 - CITY OF RANCHO CUCAMONGA-A request to add Emergenc~ amending Chapter 17.08 (Residential Districts), Chapter 17.10 and 17.30 (Industrial Districts) of the Rancho Cucamonga Development Code, to ¢ those conditions and standards where emergency shelter facilities may be This amendment is based on the updated General Plan approved October 17, 200 vhich an Environmental Impact Report (EIR) was certified. This project is within scope of that previously certified EIR and does not raise or create new environmental not already considered in that certified EIR. Tom Grahn presented the staff report noting that this provision ~shelter. He read the definition into the record as follows: A use that provides short-term 'families on a first-coma first-serve basis. , each morning and have no guaranteed bed for the Accommodations may include: lodging, meals, laundry fecilitie,, and other personal services. Chairman McNiel asked if this would be used ~ such as rites or floods. Mr. Grahn stated that it is not. Chairman McNiel asked ii stay there. Mr. Grahn stated that it is purpose, no one can stay long term and in fact, must leave each day. Chairman McNiel if specific locations have been defined. Brad Buller, ' has recommended these shelters be allowed in Industrial Subareas 1= and 5 or in the General Commercial District with a Conditional Use Permit. asked if this is a State requirement? · stated that it is. Chairman McNiel asked what we did prior to this requirement? Mr. Bullet explained that the State has asked that we address a variety of issues and that it is different from the Emergency Operations Plan (E.O.P). He stated in the cases of catastrophic Planning commission Minutes -14- July 10, 2002 RESOLUTION NO. 02-66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2002-00443, A REQUEST TO ADD AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS, CHAPTER 17.40 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO PROVIDE FOR THE INCLUSION OF DENSITY BONUS INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2002-00443, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 10th day of July 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public headng on July 10, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will not provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and /77 PLANNING COMMISSION RESOLUTION NO. 02-66 DCA DRC2002-00443- ClTY OFRANCHO CUCAMONGA JuN 10, 2002 Page 2 d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality ACt of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061. Furthermore, on October 17, 2001, the City Council approved an Environmental Impact Report for the General Plan Update and this Development Code Amendment is consistent with the General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2002-00443 by the adoption of the attached City council Ordinance. 6. The Secretanj to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA /.,/ I~arry ~cl~iel, Chairman ATTEST: I, Brad Buller, Secreta~j of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of July 2002, by the following vote-to-wit: AYES: COMMISSIONERS: NANNERIN0, t4CNIEL, STENART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: I4AC[A$ Rancho Cucamonga Development Code Section 17.40.010 & 17.40.020 CHAPTER 17.40 Affordable Housing Incentives /Density Bonus Provisions 17.40.010 - Purpose The purpose of this chapter is to provide incentives for the production of housing for very Iow, lower income, and senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the City's General Plan. 17.40.020 - Definitions Whenever the following terms are used in this chapter, they shall have the meanings established by this section: A ADDITIONAL INCENTIVE: A regulatory concession (Government Code, subsections 65915 (d) and (h)) to include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development or any other regulatory incentive, which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus. AFFORDABLE RENT: Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very Iow or lower income households, not exceeding the following calculations: 1.Very Low Income. Households at 50% of the area median income, adjusted for household size, multiplied by 30% and divided by 12; 2. Lower Income. Households at 60% of the area median income, adjusted for household size, multiplied by 30% and divided by 12~ AFFORDABLE SALES PRICE: A sales price at which lower or very Iow income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development. D DENSITY BONUS: A density increase of up to 25% over the otherwise maximum residential density. DENSITY BONUS HOUSING AGREEMENT: A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this chapter and State density bonus law are satisfied. The 17.40 - 1 10/02/02 Rancho Cucamonga Development Code Section 17.40. 020 agreement, shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability and production schedule. DENSITY BONUS UNITS: Those residential units granted pursuant to the provisions of this chapter, which exceed the otherwise maximum residential density for the development site. HOUSING COST: The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. HOUSING DEVELOPMENT: Construction projects consisting of 5 or more residential units, including single-family and multifamily, that are proposed to be constructed pursuant to this chapter. I_ LOWER INCOME HOUSEHOLD: Households whose income does not exceed the lower income limits applicable to San Bernardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. M MAXIMUM RESIDENTIAL DENSITY: The maximum number of residential units permitted by the City's General Plan Land Use element and Development Code applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the provisions of this chapter. N NON-RESTRICTED UNIT: All units within a housing development excluding the target units. QUALIFIED RESIDENT: Senior citizens or other persons eligible to reside in senior citizen housing. S SENIOR CITIZEN HOUSING: A housing development consistent with the California Fair Employment and Housing Act, which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Sections 51.2 and 51.3. T TARGET UNIT: A dwelling unit within a housing development, which will be reserved for sale or rent to, and affordable to, very Iow or lower income households or qualifying residents. V VERY LOW INCOME HOUSEHOLD: Households whose income does not exceed the very Iow income limits applicable to San Bernardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. 17.40 - 2 10/02/02 Rancho Cucamonga Development Code Section 17.40. 030 17.40.030 - Implementation A. The City shall grant either a density bonus or a density bonus with an additional incentive to an applicant who agrees to provide the following target units as part of a housing development: 1. Lower Income Household. At least 20% of the total units of the housing development as target units affordable to lower income households; or 2. Very Low Income Household. At least 10% of the total units of the housing development as target units affordable to very Iow income households; or 3. Senior Citizen Housinq. At least 50% of the total units of the housing development as target units affordable to qualifying residents. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be multiplied by 25%. When calculating the number of permitted density bonus units, any resulting fractions of units shall be deleted. B. In determining the number of target units to be provided pursuant to this section, the maximum residential density shall be: 1. Multiplied by 10% where very Iow income households are targeted; or 2. Multiplied by 20% where lower income households are targeted. ']'he density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any resulting fraction of units shall be deleted. C. Limitations and Exceptions. 1. In cases where a density increase of less than 25% is requested, no reduction will be allowed in the number of target units required. In cases where a density increase of more than 25% is requested, the requested density increase, if granted, shall be considered an additional incentive. 2. In cases where the developer agrees to construct more than 20% of the total units for lower income households, and 10% of the total units for very Iow income households, the developer shall be entitled to only one density bonus and an additional incentive. Similarly, an applicant who agrees to construct senior citizen housing with 20% or 10% of the units reserved for lower or very Iow income households, respectively, is only entitled to one density bonus and an additional incentive. The City may, however, grant multiple additional incentives to facilitate the inclusion of more target units than are required by this chapter. 17.40 - 3 10/02/02 Rancho Cucamonga Development Code Section ! 7.40.040 17.40.040 -Types of Bonuses and Incentives Allowed A. Density Bonus. The density bonus allowed by this chapter shall consist of at least a 25% increase in the maximum density allowed by the zoning district and General Plan designation applicable to the site as of the date of the project land use permit application. A single development project shall not be granted more than one density bonus in compliance with this chapter. The City shall provide a density bonus and an additional incentive for qualified housing developments, upon the written request of a developer, unless the City makes a written finding that the additional incentive is not necessary to make the housing development economically feasible and to accommodate a density bonus. The development incentive granted shall contribute significantly to the economic feasibility of providing the target units. Any applicant seeking a waiver or modification of development or zoning standards shall show that such waiver or modification is necessary to make the housing development economically feasible. This requirement may be satisfied by reference to applicable sections of the Housing Element of the City's General Plan. B. Other Incentives. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes a written finding that the additional incentive is not necessary to make the housing development economically feasible: 1. Types of Incentives. The allocation of an additional incentive shall be determined on a case-by-case basis. The additional incentive may include, but is not limited to, any of the following: a. A reduction in site development standards or a modification of the requirements of this Development Code, which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, one or more of the following: 1) Reduced minimum lot sizes and/or dimensions. 2) Reduced minimum lot setbacks. 3) Reduced minimum outdoor and/or private outdoor open space. 4) Increased maximum lot coverage. 5) Increased maximum building height. 6) Reduced on-site parking standards. 7) Reduced minimum building separation requirements. 8) Other. 17.40 - 4 10/02/02 Rancho Cucamonga Development Code Section 17.40.040 b. Allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and is consistent with the General Plan. c. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, which results in identifiable cost reductions or avoidance. d. A density bonus of more than 25%. e. Waived, reduced, or deferred plan check, construction permit, and/or development impact fees (e.g., capital facilities, park, traffic, etc.). f. Other regulatory incentives proposed by the applicant or the City, which result in identifiable cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set-aside, Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide Iow interest financing for on or off-site improvements, land, or construction costs. 2. Requirements. a. Economic feasibility. Any development incentive granted shall contribute to the economic feasibility of providing the target units. b. Waivers or modifications. An applicant seeking a waiver or modification of development or zoning standards shall show that the waiver or modification is necessary to make the housing development economically feasible assuming a reasonable rate of return (e.g., at a minimum, an application shall include itemized accounting of projected costs and revenues of the development). c. Revenue. Project revenues shall include moneys from the sale or rental of all units, including the density bonus units. d. Costs. Project costs: 1) Shall not include the "lost opportunity" cost of the target units (e.g., the amount that would have been generated had the target units been rented or sold at market rate). 2) May include items that are required solely because of the inclusion of the density bonus units and would not have been required without the units. e. Financial Assistance. If financial assistance is required, the applicant shall submit a project financial report (pro forma) to allow the City to 17.40 - 5 10/02/02 Rancho Cucamonga Development Code Section 17.40.040 evaluate the financial need for the additional incentive. The City may retain a consultant to review the financial report. The cost of the consultant shall be the responsibility of the applicant. 17.40.050 - Requirements for Projects with Affordable Units A. The owners obligation to maintain units as affordable housing shall be evidenced by the Density Bonus Housing Agreement, which shall be recorded as a deed restriction running with the land and be binding upon all successors-in-interest. B. Those units targeted for lower income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for lower income households for the County, adjusted for household size. C. Those units targeted for very Iow-income households shall be affordable at a rent that does not exceed current HUD income limits for very Iow-income households for the County, adjusted for household size. D. The owner shall submit annually and within 30 days of occupancy of a target unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit. E. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for a~l tenants occupying the target units. F. The owner shall provide to the City any additional information required by the City to insure the long-term affordability of the target units by eligible households. G. The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year. H. The City may establish fees associated with the setting up and monitoring of target units. I. All target units for sale shall be occupied by their purchasers; no renting or subleasing shall be permitted. 17.40.060 - Development Standards A. Target units should be constructed concurrently with non-restricted units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. B. Target units shall remain restricted and affordable to the designated group for a period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), when both a density bonus and an additional incentive are granted. 17.40 - 6 10/02/02 Rancho Cucamonga Development Code Section 17.40.060 C. Target units shall remain restricted and affordable to the designated group for a period of 10 years when only a density bonus is granted and no additional incentive is granted. D. In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations: SRO (residential hotel) unit 75% of 1 person Studio 1 person 1 bedroom 2 persons 2 bedroom 3 persons 3 bedroom 4 persons 4 bedroom 6 persons E. Target units should be built on-site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units should be equivalent to the bedroom mix of the non- target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those that standards, which may be modified as provided by this chapter. F. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single-housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alternative site. G. The entry into and execution of Density Bonus Housing Agreement shall be a condition of any application for a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant's cost as a restriction on the parcel or parcels on which the target units will be constructed.. H. A Density Bonus Housing Agreement shall be made between the applicant and the City, which indicates the household type, number, location, size, and construction scheduling of all affordable units and any information required by the City to determine the applicant's compliance with this chapter. 17.40 - 7 10/02/02 Rancho Cucamonga Development Code Section 17.40.070 & 17.40.080 17.40.070 - Processing of Bonus Requests An application for a Density Bonus Housing Agreement pursuant to this chapter shall be processed as part of the application for a housing development. An application for a housing development shaJl not be determined "complete" for purposes of Government Code Sections 65920 et seq., unless and until the City Council has given preliminary approval of a Density Bonus Housing Agreement, which complies with the provisions of this chapter. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows: A. Filinq. An applicant proposing a housing development pursuant to this chapter shall submit an application for a Density Bonus Housing Agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall include: 1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed; 2. The zoning and General Plan designations and Assessor's Pamel Number(s) of the project site; 3. A Vicinity Map and Preliminary Site Plan, drawn to scale, including building footprints, driveways, and parking layout; and 4. If an additional incentive is requested, a description of why the additional incentive is necessary to provide the target units. B. Review of Density Bonus Request. Within 90 days of receipt of the application for a Density Bonus Housing Agreement and a housing development, the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this chapter. C. Additional Incentives. The City Planner shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives shall be recommended for consideration in lieu of the requested additional incentives. If the City Planner recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. 17.40.080 - Density Bonus Housing Agreement A. The terms of the draft Density Bonus Housing Agreement (the "Agreement") shall be reviewed and revised as appropriate by the City Planner and the City Attorney who shall formulate a recommendation to the City Council for final approval. B. The Agreement shall be submitted to the Planning Commission for its' recommendation and submitted to the City Council for final approval. C. Following execution of the Agreement by the applicant and the City, the completed Agreement, or memorandum thereof, shall be recorded. The conditions contained 17.40 - 8 10/02/02 Rancho Cucamonga Development Code Section 17.40.080 in the Agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application. D. At a minimum, the Agreement shall include the following: 1. The total number of units proposed within the housing development, including the number of target units; 2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; 3. The location, unit sizes (square feet), and number of bedrooms of target units; 4. Tenure of use restrictions for target units of at least 10 or 30 years; 5. A schedule for completion and occupancy of target units; 6. A description of the additional incentive being provided by the City; 7. A description of remedies for breach of the Agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and 8. Other provisions to ensure implementation and compliance with this chapter. E. In the case of for-sale housing developments, the Agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very Iow or lower income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing). 2. Target units shall be initially owner-occupied by eligible very Iow or lower income households, or by qualified residents in the case of senior citizen housing. 3. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this chapter and the State density bonus law. 17.40 - 9 10/02/02 /87 Rancho Cucamonga Development Code Section 17.40.080 F. In the case of rental housing developments, the Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and the proper management and maintenance of target units for qualified tenants; 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 17.40 - 10 10/02/02 /88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00443, THE ADDITION OF AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS, CHAPTER 17.40 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO PROVIDE FOR THE INCLUSION OF DENSITY BONUS INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On the 10th day of July 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Development Code Amendment, and following the conclusion thereof, adopted its Resolution No. 02-66, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On the 2nd day of October 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b)(3) of Division 6 Title 14 of the California Code of Regulations. SECTION 3: Section 17.40 - Affordable Housing Incentives/Density Bonus Provisions, of the Development Code hereby is established to read, in words and figures, as written below: "17.40.010 - Purpose The purpose of this chapter is to provide incentives for the production of housing for very Iow, lower income, and senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the City's General Plan. 17.40.020 - Definitions Whenever the following terms are used in this chapter, they shall have the meanings established by this section: I$? CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 2 A ADDITIONAL INCENTIVE: A regulatory concession (Government Code, subsections 65915 (d) and (h)) to include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development or any other regulatory incentive, which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus. AFFORDABLE RENT: Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very Iow or lower income households, not exceeding the following calculations: 1. Very Low Income. Households at 50% of the area median income, adjusted for household size, multiplied by 30% and divided by 12; 2. Lower Income. Households at 60% of the area median income, adjusted for household size, multiplied by 30% and divided by 12. AFFORDABLE SALES PRICF: A sales price at which lower or very Iow income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development. D DENSITY BONUS: A density increase of up to 25% over the otherwise maximum residential density. DENSITY BONUS HOUSING AGREEMENT: A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this chapter and State density bonus law are satisfied. The agreement, shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability and production schedule. DENSITY BONUS UNIT,g: Those residential units granted pursuant to the provisions of this chapter, which exceed the otherwise maximum residential density for the development site. H HOUSING COST: The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. HOUSING DEVELOPMENT: Construction projects consisting of 5 or more residential units, including single-family and multifamily, that are proposed to be constructed pursuant to this chapter. L LOWER INCOME HOUSEHOLD: Households whose income does not exceed the lower income limits applicable to San Bernardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 3 M MAXIMUM RESIDENTIAL DENSITY: The maximum number of residential units permitted by the City's General Plan Land Use element and Development Code applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the provisions of this chapter. N NON-RESTRICTED UNIT: All units within a housing development excluding the target units. Q QUALIFIED RESIDENT: Senior citizens or other persons eligible to reside in senior citizen housing. S SENIOR CITIZEN HOUSINg: A housing development consistent with the Califomia Fair Employment and Housing Act, which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Sections 51.2 and 51.3. T TARGET UNIT: A dwelling unit within a housing development, which will be reserved for sale or rent to, and affordable to, very Iow or lower income households or qualifying residents. V VERY LOW INCOME HOUSEHOLD: Households whose income does not exceed the very Iow income limits applicable to San Bemardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. 17.40.030 - Implementation A. The City shall grant either a density bonus or a density bonus with an additional incentive to an applicant who agrees to provide the following target units as part of a housing development: 1. Lower Income Household At least 20% of the total units of the housing development as target units affordable to lower income households; or 2. Very Low Income Household At least 10% of the total units of the housing development as target units affordable to very Iow income households; or 3. Senior Citizen Housincl. At least 50% of the total units of the housing development as target units affordable to qualifying residents. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density forthe site shall be multiplled by 25%. When calculating the number of permitted density bonus units, any resulting fractions of units shall be deleted. CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 4 B. In determining the number of target units to be provided pursuant to this section, the maximum residential density shall be: 1. Multiplied by 10% where very Iow income households are targeted; or 2. Multiplied by 20% where lower income households are targeted. The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the requirednumberoftarget units, any resulting fraction of units shall be deleted. C. Limitations and Exception,w 1. In cases where a density increase of less than 25% is requested, no reduction will be allowed in the number of target units required. In cases where a density increase of more than 25% is requested, the requested density increase, ff granted, shall be considered an additional incentive. 2. In cases where the developer agrees to construct more than 20% of the total units for lower income households, and 10% of the total units for very Iow income households, the developer shall be entitled to only one density bonus and an additional incentive. Similarly, an applicant who agrees to construct senior citizen housing with 20% or 10% of the units reserved for lower or very Iow income households, respectively, is only entitled to one density bonus and an additional incentive. The City may, however, grant multiple additional incentives to facilitate the inclusion of more target units than are required by this chapter. 17.40.040 - Types of Bonuses and Incentives Allowed A. Density Bonus. The density bonus allowed by this chapter shall consist of at least a 25% increase in the maximum density allowed by the zoning district and General Plan designation applicable to the site as of the date of the project land use permit application. A single development project shall not be granted more than one density bonus in compliance with this chapter. The City shall provide a density bonus and an additional incentive for qualified housing developments, upon the written request ora developer, unless the City makes a written finding that the additional incentive is not necessary to make the housing development economically feasible and to accommodate a density bonus. The development incentive granted shall contribute significantly to the economic feasibility of providing the target units. Any applicant seeking a waiver or modification of development or zoning standards shall show that such waiver or modification is necessary to make the housing development economically feasible. This requirement may be satisfied by reference to applicable sections of the Housing Element of the City's General Plan. B. Other lncentives, ff requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes a written finding that the additional incentive is not necessary to make the housing development economically feasible: CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 5 1. Types of Incentives. The allocation of an additional incentive shall be determined on a case-by-case basis. The additional incentive may include, but is not limited to, any of the fo/lowing: a. A reduction in site development standards or a modification of the requirements of this Development Code, which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division l $ of the California Health and Safety Code. These may include, but are not limited to, one or more of the fo/lowing: 1) Reduced minimum lot sizes and/or dimensions. 2) Reduced minimum lot setbacks. 3) Reduced minimum outdoor and/or private outdoor open space. 4) Increased maximum lot coverage. 5) Increased maximum building height. 6) Reduced on-site parking standards. 7) Reduced minimum building separation requirements. 8) Other. b. Allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and is consistent with the General Plan. c. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, which results in identifiable cost reductions or avoidance. d. A density bonus of more than 25%. e. Waived, reduced, or deferred plan check, construction permit, and/or development impact fees (e.g., capital facilities, park, traffic, etc.). f. Other regulatory incentives proposed by the applicant or the City, which result in identifiable cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set-aside, Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide Iow interest financing for on or off-site improvements, land, or construction costs. 175 CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 6 2. Requirements. a. Economic feasibftity. Any development incentive granted shall contribute to the economic feasibility of providing the target units. b. Waivers or modification,~. An applicant seeking a waiver or modification of development or zoning standards shaft show that the waiver or modification is necessary to make the housing development economically feasible assuming a reasonable rate of return (e.g., at a minimum, an application shaft include itemized accounting of projected costs and revenues of the development). c. Revenue. Project revenues shall include moneys from the sale or rental of all units, including the density bonus units. d. Costs. Project costs: I) Shall not include the "lost opportunity" cost of the target units (e.g., the amount that would have been generated had the target units been rented or sold at market rate). 2) May include items that are required solely because of the inclusion of the density bonus units and would not have been required without the units. e. Financial Assistance. ff financial assistance is required, the applicant shall submit a project financial report (pro forma) to allow the City to evaluate the financialneedfortheadditionalincentive. TheCitymayretainaconsultant to review the financial report. The cost of the consultant shall be the responsibility of the applicant. 17.40.050 - Requirements for Projects with Affordable Units A. The owners obligation to maintain units as affordable housing shall be evidenced by the Density Bonus Housing Agreement, which shaft be recorded as a deed restriction running with the land and be binding upon all successors-in-interest. B. Those units targeted for lower income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for lower income households for the County, adjusted for household size. C. Those units targeted for very Iow-income households shall be affordable at a rent that does not exceed current HUD income limits for very Iow-income households for the County, adjusted for household size. D. The owner shall submit annually and within 30 days of occupancy of a target unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit. /4¥ CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 7 E. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target units. F. The owner shall provide to the City any additional information required by the City to insure the long-term affordability of the target units by eligible households. G. The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owners records once a year. H. The City may establish fees associated with the setting up and monitoring of target units. I. All target units for sale shall be occupied by their purchasers; no renting or subleasing shall be permitted. ~ 17.40.060 - Development Standards A. Target units should be constructed concurrently with non-restricted units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. B. Target units shall remain restricted and affordable to the designated group for a period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), when both a density bonus and an additional incentive are granted. C. Target units shall remain restricted and affordable to the designated group for a period of 10 years when only a density bonus is granted and no additional incentive is granted. D. In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations: SRO (residential hotel) unit 75% of I person Studio I person 1 bedroom 2 persons 2 bedroom 3 persons 3 bedroom 4 persons 4 bedroom 6 persons E. Target units should be built on-site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units should be equivalent to the bedroom mix of the non-target units of the housing development, except that the developer may include a higher proportion of target units withmorebedrooms. Thedesignandappearanceofthetargetunitsshallbecompatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those that standards, which may be modified as provided by this chapter. CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 8 F. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an altemative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single-housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the altemative site. G. The entry into and execution of Density Bonus Housing Agreement shall be a condition of any application for a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) for a housing development proposedpursuanttothischapter. Theagreementshallberecordedattheapplicant's cost as a restriction on the parcel or parcels on which the target units will be constructed. H. A Density Bonus Housing Agreement shall be made between the applicant and the City, which indicates the household type, number, location, size, and construction scheduling of all affordable units and any information required by the City to determine the applicant's compliance with this chapter. 17.40.070 - Processing of Bonus Requests An application for a Density Bonus Housing Agreement pursuant to this chapter shall be processed as part of the application fora housing development. An application for a housing development shall not be determined "complete" for purposes of Government Code Sections 65920 et seq., unless and until the City Council has given preliminary approval of the form and content of a Density Bonus Housing Agreement, which complies with the provisions of this chapter. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows: A. Fllinq. An applicant proposing a housing development pursuant to this chapter shall submit an application for a Density Bonus Housing Agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall include: 1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed; 2. The zoning and General Plan designations and Assessor's Parcel Number(s) of the project site; 3. A Vicinity Map and Preliminary Site Plan, drawn to scale, including building footprints, driveways, and parking layout; and 4. If an additional incentive is requested, a description of why the additional incentive is necessary to provide the target units. B. Review of Density Bonus Request. Within 90 days of receipt of the application for a Density Bonus Housing Agreement and a housing development, the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this chapter. CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 9 C. Additional Incentives. The City Planner shaft inform the applicant that the requested additional incentives shaft be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives shaft be recommended for consideration in lieu of the requested additional incentives. If the City Planner recommends alternative or modified incentives, the recommendation shaft establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. 17.40.080 - Density Bonus Housing Agreement A. The terms of the draft Density Bonus Housing Agreement (the "Agreement") shaft be reviewed and revised as appropriate by the City Planner and the City Attorney who shall formulate a recommendation to the City Councft for final approval. B. The Agreement shaft be submitted to the Planning Commission for its' recommendation and submitted to the City Council for final approval. C. Following execution of the Agreement by the applicant and the City, the completed Agreement, ormemorandum thereof, shallbe recorded. The conditions containedin the Agreement shaft be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Agreement shaft be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application. D. At a minimum, the Agreement shall include the following: I. The total number of units proposed within the housing development, including the number of target units; 2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; 3. The location, unit sizes (square feet), and number of bedrooms of target units; 4. Tenure of use restrictions for target units of at least l O or 3O years; 5. A schedule for completion and occupancy of target units; 6. A description of the additional incentive being provided by the City; 7. A description of remedies for breach of the Agreement by either party (the City may identify tenants or quafified purchasers as third party beneficiaries under the agreement); and 8. Other provisions to ensure implementation and compliance with this chapter. 197 CITY COUNCIL ORDINANCE NO. DCA DRC2002-00443 CITY OF RANCHO CUCAMONGA October 2, 2002 Page 10 E. In the case of for-sale housing developments, the Agreement shall provide for the following conditions goveming the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very Iow or lower income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing). 2. Target units shall be initially owner-occupied by eligible very Iow or lower income households, or by qualified residents in the case of senior citizen housing. 3. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attomey, restricting the sale of the target unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliancewith this chapter and the State density bonus law. F. In the case of rental housing developments, the Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rul~s and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and the proper management and maintenance of target units for qualified tenants; 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit." SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. T H E CITY OF [~A N C II 0 C F CA~I 0 N C.A StaffRej d: DATE: October 2, 2002 TO: Mayor and Members of the City Council dack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: SUBAREA 18 SPECIFIC PLAN AMENDMENT DR02002-00464 - CHARLES JOSEPH AND ASSOCIATES - An amendment to the Subarea 18 Specific Plan (Empire Lakes) to establish criteria for Senior Housing development and to allow Senior Housing within Planning Area VIII (Office/Industrial/Mixed Use Commercial), located at the southwest corner of Milliken Avenue and 6th Street. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan (State Clearinghouse No. 93102055) and the General Plan Update (State Clearinghouse No. 2000061027) certified by the City of Rancho Cuoamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. RECOMMENDATION: The Planning Commission recommends approval of the subject Specific Plan Amendment. BACKGROUND/ANALYSIS: The Planning Commission initiated this amendment at the request of the applicant on May 22, 2002. At that time, a definition for "senior housing" had not yet been developed. Part of the amendment will establish such a definition along with development criteria for the use. The Planning Commission reviewed the requested plan amendment on August 28, 2002. The primary concern raised by the Commission is that the amendment allows for potential reduction in the amount of required parking for market rate senior apartment projects on a case by case basis subject to a development agreement. The Commission expressed concern that seniors who can afford market rate apartments will probably have more than one car (the project associated with this amendment proposes a parking ratio of one parking space per dwelling unit, whereas the Development Code would require 1.85 parking spaces per unit). The Commission did not however modify the language of the proposed amendment, as it does not expressly grant the parking reduction, only that such a reduction is possible. Substantial analysis will be required by the applicant to justify any reduction in parking associated with a specific project. iff CITY COUNCIL STAFF REPORT DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES October 2, 2002 Page 2 The attached Planning Commission staff report (Exhibit "A") and minutes (Exhibit "B") dated August 28, 2002, provide further detailed information. Note that the Planning Commission staff report has its' own set of exhibits attached. 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:BL/jc Attachments: Exhibit "A" - Planning Commission staff report dated August 28, 2002 Exhibit "B" - Planning Commission minutes dated August 28, 2002 Exhibit"C" - Planning Commission Resolution No. 02-84 recommending approval of the Specific Plan Amendment Draft Ordinance for City Council consideration THE CITY OF I~AN CIIO C U CAIff ON GA Staff Report DATE: August 28, 2002 TO:. Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: SUBAREA 18 SPECIFIC PLAN AMENDMENT DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES - An amendment to the Subarea 18 Specific Plan (Empire Lakes) to establish criteria for Senior Housing development and to allow Senior Housing within Planning Area VIII (Office/Industrial/Mixed Use Commercial), located at the southwest corner of Milliken Avenue and 6th Street. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. PROJECT AND SITE DESCRIPTION: A. Background: The Planning Commission initiated this amendment at the request of the applicant on May 22, 2002. At the time, a definition for "senior housing" had not yet been developed. Part of the amendment will establish such a definition along with development criteria for the use. B. Project Density: This amendment would allow for development of market rate senior housing within Planning Area VIII at a density of up to 30 dwelling units per acre. This is the standard density applied to all multiple family developments within the Empire Lakes area. Because the amendment entails market rate senior housing, the density bonus associated with affordable senior housing does not apply. C. Surroundinq Land Use and Zoninq: North Multi-Family Residential (Jefferson Apartments - JPI); Planning Area IX South Multi-Family Residential (Ironwood Apartments - Fairfield) and vacant land; Planning Area VI and Planning Area VII East Vacant Land and various industrial buildings; Industrial Park (Subarea 12) West Empire Lakes Golf Course; Planning Area lA PLANNING COMMISSION STAFF REPORT DR02002-00464 - CHARLES JOSEPH AND ASSOCIATES August28,2002 Page 2 D. General Plan Desiqnations: Project Site - Mixed Use North Mixed Use South Mixed Use East Industrial Park West Open Space E. Site Characteristics: The site has been rough graded and slopes towards the south at approximately 2 to 3 percent. Fairway View Place traverses the Planning Area and connects to 6th Street to the north and Milliken Avenue to the east. The senior apartments are proposed to be developed on the westerly 10 acres of the Planning Area. F. Parking__Calculations: The applicant has requested that market rate senior housing be subject to a parking ratio of 1:1. A parking analysis (Linscott, Law, and Greenspan - July 1, 2002) shows that a parking ratio of 0.95 to 1 (0.95:1) for this type of development is viable. The study includes analysis of five senior apartment developments, three of which are market rate developments in Orange County. Staff recommends that parking for market rate senior housing developments be handled on a case-by-case basis subject to a development agreement. The "deal point" of the agreement being reduced parking in exchange for senior housing for the community. Therefore, the physical project (DRC2002-00499) would include a development agreement and exhaustive review of necessary parking for the project. The development agreement will assure that the project remains a senior only development. ANALYSIS: A. General: The Subarea 18 Specific Plan is intended to "provide a broad mix of uses, including recreation, hotel, conference center, retail, restaurant, and entertainment as well as office, research and development, light industrial uses, and multiple family housing." Recent amendments to Planning Areas VI and IX have allowed multiple family developments (the Jefferson Apartments, the Ironwood, and the Fairway Palms Apartments). Planning Area VIII is set in between these two Planning Areas. The area is also close to the Metrolink station to the north, the Empire Lakes Golf Course to the west, and the Ontario Mills Mall to the south. Given the overall mixture and convenient proximity of uses, the area is ideal for senior housing. Note that in this case, the term "senior housing" does not refer to affordable senior housing as already provided for in the "Senior Housing Overlay District," but instead, refers to market rate senior housing with no income restrictions and no density bonus. The 2001 General Plan Update recognizes the elderly as a special housing assistance needs group and objectives include increasing the supply of senior housing. In the past 20 years, State and Federal Laws have been enacted to allow residential developments to be restricted to seniors only without violating the Fair Employment and Housing Act (senior only housing does not constitute housing discrimination). However, there are certain criteria that senior housing developments must meet in order to qualify, including provision of extra wide walkways and hallways, use of railings and other safety fixtures, PLANNING COMMISSION STAFF REPORT DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES August28,2002 Page 3 elevators, and common open space areas. The applicant intends to develop the property in complete conformance with all applicable laws. This amendment would add "Senior Housing" to the list of allowed uses within Planning Area VIII subject to a development agreement as well as establish a definition of the use and development criteria. The amendment applies only to Planning Area VIII of the Subarea 18 Specific Plan. B. Environmental Assessment: This project is based on the Environmental Impact Reports (EIRs) prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. 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 approval of the requested amendment and forward it to the City Council for final action. Respectfully submitted, Brad Buller City Planner BB:BLC/Is Attachments: Exhibit "A" Applicant's Information Exhibit "B" Planning Commission Staff Report dated May 22, 2002 Exhibit "C" Planning Commission minutes dated May 22, 2002 Exhibit "D" Proposed Amendment Draft Resolution of Approval for DRC2002-00464 SUB-AREA 18 SPECIFIC PLAN AMENDMENT SENIOR HOUSING - PLANNING AREA VIII Background On May 22, 2002, the Rancho Cucamonga Planning Commission approved a request by Charles Joseph Associates to initiate an amendment to allow senior housing as a permitted use within Sub-Area 18 Planning Area VIII of the Empire Lakes Specific Plan project area. Senior Housing Demand There are currently 74 million men and women in the United States who are over 50 years old. Representing 27% of the population, they have a combined annual personal income exceeding $2.0 tdllion and control 70% of the total net worth of U. S. households - nearly $9 trillion. These numbers are projected to dse dramatically for decades as the 78 million Baby Boomers advance into maturity with an estimate that by Year 2010, there will be over 96 million men and women age 50 and older in the United States. As these "new" seniors enter their retirement years, they will be healthier and independent far longer than their predecessors. While some may move down into condominiums or active single family enclaves, many will choose to rent rather than own their "final" residence. Site Regional Location Evaluation The proposed amendment planning area is located in the Empire Lakes Center, which is a master-planned mixed-use community in the City of Rancho Cucamonga. This area is part of the Inland Empire portion of San Bernardino County, which is a dynamic and growing regional economy that is projected to add 38,000 new jobs annually over the next 5 years. With many workers entering the region economy, this area is desirable for seniors who wish to be closer to the family members in this region. A moderate base of affluent seniors with the County creates additional demand for a senior apartment project. Seniors are attracted to year-round warm, temperate climates, which currently are the norm in this area. Project Site Location The Empire Lakes Center was formerly a General Dynamics site. It has been developed as a 380-acre mixed-use master planned community having an 18- hole championship golf course, luxury apartments, and office and industrial sites. Planning Area VIII is 21 acres located at the southwest corner of Milliken Avenue and Sixth Street. The proposed project site is located at the Southwest corner of Sixth Street and Fairway View. The project site borders Hole #5 of the Empire Lakes Golf Course. This site is also located within the core of new luxury general~occupancy apartment development that creates a favorable environment for a senior apartment community. The site's proximity to the golf course will only serve to enhance the senior living experience in the proposed community. Surrounding Land Use Compatibility Jefferson at Empire Lakes is directly across Sixth Street, to the north of the proposed project site, and has currently established the top of the Rancho Cucamonga apartment market. West of the site is the championship Empire Lakes Golf Course, and vacant land zoned for mixed-use land uses is located East of the proposed project site. To the South are the Fairfield Ironwood and Fairway Palms Apartment projects that are currently under construction, and will be high quality, general-occupancy apartment communities. The property located along Milliken Avenue Southeast of the Fairfield communities is zoned commercial/retail. Seniors prefer to reside in proximity of general occupancy residential rather than locations that are isolated from interaction with persons of various ages and interests. Proximity to Services The proposed project site is located just west of Milliken Avenue, a major arterial centrally located in the City of Rancho Cucamonga and west of Interstate 15 and north of Interstate 10, which provide access to other major Southern California cities and counties. The proposed project site is located approximately two miles due south of Rancho San Antonio Medical Center. Ontario Mills, a substantiaJ regional mall is located one-half mile from the site on Fourth Street, is within walking distance and will be subject to active Senior Power-Walking on a regular basis. A few blocks North is the Metrolink station, which will allow senior residents rail access to most areas of Southern California as an alternative to driving or using other public transportation. Seniors prefer convenient recreational, shopping, entertainment and medical services when selecting their place of residence. The proposed location is very centrally located for access to all these areas of possible interest by these future senior residents, which will allow them to have a lifestyle choice opportunity currently shared and enjoyed by our many families currently living in this wonderful City of Rancho Cucamonga. 2 --11 Co,-,c~luaJ Deve~qopmeflt Plan for Sub-Area 18 and may be ~,, 4-3 Conceptual Development Plan THE CITY OF ]~AN C H 0 C DCAM ONGA DATE: May 22, 2002 TO:. Chairman and Members of the Planning Commission FROIV~ Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: CONSIDERATION OF SUBAREA 18 SPECIFIC PLAN AMENDMENT - CHARLES JOSEPH ASSOCIATES - A request to initiate an amendment to allow senior housing as a permitted use within Planning Area Viii of the Empire Lakes project. BACKGROUND: The Subarea 18 Specific Plan, commonly known as Empire Lakes, defines the development concept for a mixed-use project and applicable development regulations. The centerpiece of the 378-acre development is the Empire Lakes championship 18-hole golf course. There are 11 planning areas surrounding the golf course. Planning Area VIII is 21 acres located at the southwest corner of Milliken Avenue and 6th Street (Exhibit "C"). ANALYSIS: The purpose of the Subarea 18 Specific Plan is to "provide for a broad mix of uses, including recreation, hotel/conference center, retail, restaurant, and entertainment, as well as office, research and development, light industrial uses, and multiple family housing." Therefore, this Specific Plan is designed to be flexible and many different land uses are permitted or conditionally permitted (Exhibit "B"). The list of permitted uses within Planning Area VIII includes, but is not limited to, Custom and Light Manufacturing, Light Wholesale/ Storage/Distribution, Office, Restaurants, and a variety of business support uses. Conditionally permitted uses include, Medium Wholesale/Storage/Distribution, Churches, Child Care, Fast Food Restaurants, and Automotive Service Station. Fairfield is constructing 567 units of apartments within Planning Area VI to the southwest. JPI is nearing completion of 521 apartments within Planning Area IX to the north. Senior multi-family housing would be consistent with the land use and density of these apartment projects in this neighborhood of Empire Lakes. The 2001 General Plan Update recognizes the elderly as a special housing assistance needs group. The General Plan objectives include increasing the supply of senior housing. A wide range of housing types are needed by seniors, including apartments for independent living, congregate care, assisted living facilities, and convalescent homes; therefore, senior housing is a broad land use category. The proposed location would be particularly suited to meeting the needs of the independent lifestyle elderly, such as convenient shopping, services, recreational opportunities, and public transportation. The Empire Lakes golf course and driving range is adjoining to the west. Extensive retail and restaurant uses are available within ¼ to ~ mile along 4th Street. Nearby transportation services include Omnitrans and MeEolink. ~ ITEM F ~7 PLANNING COMMISSION STAFF REPORT SUBAREA 18 SPECIFIC PLAN AMENDMENT - CHARLES JOSEPH ASSOCIATES May 22, 2002 Page 2 The applicant has requested an amendment specifically to allow senior housing, rather than the existing land use category of "multiple family housing." Therefore, should the Commission initiate the amendment, staff will work with the applicant to develop a specific land use definition for senior housing. RECOMMENDATION: Staff recommends that the Planning Commission, through minute action, agree to initiate an amendment pending submittal of a formal application and fees by the applicant. Respectfully submitted Brad Bullet City Planner BB:DC:mlg Attachments: Exhibit "A" Letter of Request Exhibit "B" Land Use Summary Exhibit "C" Location Map Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES May 13, 2002 CITY OF RANCHO CUC; ~ :' Brad Buller, City Planner City of Rancho Cucamonga HAY ]. 3 200Z P. O. Box 807 Rancho Cucamonga, CA 91729-0807 ~FCEIV£D PI_^NN!N6 Re: Subarea 18 Specific Plan Amendment Request - Planning Area 8 - Senior Housing Dear Brad: This is as a follow-up to our meeting with you last week at your office and our telephone conversation concerning the referenced matter on behalf of our clients, General Dynamics Properties and Kisco Senior Living. This correspondence is to request that the Planning Commission initiate an amendment to the Subarea 18 Specific Plan to allow Senior Multifamily Housing as a Permitted Use within Planning Area 8 of the Empire Lakes Specific Plan. It is our understanding that this matter will be scheduled for the May 22, 2002 Planning Commission Meeting. As you are well aware, the Empire Lakes Center is a master-planned mixed-use development comprised of various industrial, office and residential projects surrounding the Empire Lakes Golf Course. Market research conducted by our client for the proposed location has determined that there is a substantial demand for an over-55 residential community located in proximity to high quality general occupancy multifamily, recreational facilities and retail shopping. Our experience has been that Senior Multifamily Housing is very compatible with adjacent business and property owners, and in this case will be located adjacent to the Empire Lakes Golf Course between the JPI and Fairfield multifamily communities that are currently under construction. We appreciate your continuing professional courtesy and assistance with this matter on behalf of our clients. Please feel free to contact me at your earliest opportunity should you have any questions or need of additional information concerning this matter. Sincerely, Charles J. Buquet ChaHes Joseph Associates Office 909e481e1822 800e240e1822 Fax 909e481e1824 City Center · 10681 Foothill Blvd., Suite 395 · l~mcho Cucamonga, CA · 91730 Rancho Cucamonga IASP Sub-Area 18 Specific PI. mn TABLE 5-'1 SUMMARY OF LAND USE TYPE BY PLANNING AREA MANUFACTURING Custom L~oht Medium WHOLESALEJSTORAGFJDISTRIBUTiON Public Storage (indoor) Light MA~riALS RECOVERY Colleution FacJl~des RFR;A~RCH & DEVELC~...T (R&D) Research & Deve;~,,~=.~ (R&D) OFFICE Office CMC Cultural Public Public Bu;;~;~= (library. post office, etc.) Public Safety & Ut]Jlty Services PUBUC/SEMI-PUBLIC USES Child Cam Facilities C)ubs~l nd~=~ (Private and Public) Ed~.~:;u,.~i Institutions (P~ate and Public) Tra ;,~po~'~=~iun Facilities Go~f Course Golf Pr:~.'~i~'e_~rsi,i;n~ Facility ~.~=a~,.al FacfliUes (indoor/outdoor) Family Eute~a;~,~=.~ Center (1) EATING & DRINKING ESTABLISHMENTS Eating and Drinking ~.:~.~.;;~;~,~,,~;~ (1) R'~t~,_,~nt-Fast Foed (including Ddve-thra) Sports Bar (1) ~:u=~j*cts~J~m~ se~m~OSOl.v~, ~.~ 5-3 Developrnent Guidelines and Standards Rancho Cucamonga IASP Sub-Area 18 Specific TABLE 5-1 (continued) SUMMARY OF LAND USE TYPE BY PLANNING AREA Business Support Services Funeral & C.=.i~=[u,y Services Repair Sewices AUTOM~"IR!I ~=~=HICLE SER¥'iC== Automotive Rental/Leasing Automotive Service Court Automotive Service Station ~?~_'_=lty Auto/Mu~u,~.Tc~e Sales/Sennce RETAIL--gU _~!HESS SUPPLY/SERVICES Business Services Retail & Sewices RETAIL/CONVENIENCE RELA'I~D Convenience Sales & Services RETAIL-FOOD & BEVERAGE RELATED Food and Be~ray= Sales Retail.-C.~r,=,=; (2) Kiosk in Pa,k;,.j Lots RETAIL-HOME ;;.;~,~."~;.;-"~;T RELATED Building/LP~hti,.t; Egu;pn~e.[ Supplies & Sales Fumitune,'H, on-,e F~.., ,;=~,;.gs/Antiq ues , Home Applisnce/E;~c~ u.;ce C~';-'-7~4. COMMERCIAL Business Supply-Retail/Services Communications Pan~ing (~,ii,,,,er~al) RESIDENTIAL Multiple Family Dv~;;;.~ (3) KEY: P = Pe.~,~<~ Uses C = Conditionally Permitted Use Blank Box = Not Permitted Uss (1) Where live entertainment is present, such uses are subject to a city entertainment permit. (2) Perm~ed as pert of a mixed use COmmercial or retail center. (3) Residential permitted without indusbial in the same planning area. R:"~r~":"UP~,~O, ,'S~:~ ~-~=01.v4x~ F'~ Deve/opmentGuidel/nesandStanda~ds ~,// Note: This figure represents the currant proposed Conceptual Development Plan for Sub-Area 18 and may be subject to future refinements and/or modilications. 80o' 4o0' o' 800' ~1 ~_/11 Conceptual Development Plan $oun:e: I:ITi~L A..~oci~te~, Inc. I g~4. F(~ 2/2 be dangerous. He stated they wanted the cul-de-sac to go south 900 feet but the Fire Marshal would only allow 600 feet. He said they improved Charles Smith Avenue and put in the storm drainage to feed into the CalTrans channel under the freeway and he said they will have to improve the balance of Charles Smith Avenue on the east side with development of the new building, whereas typically a property owner only improves to the centerline. He observed that Oltman's will be spending dose to $500,000 for the storm drain system. He felt the people on the east side of the street should have split the cost with them but they haven't and Oltman's did not ask them to; therefore, he felt the other property owners are getting a free ride. He said they submitted plans to the City for initial planning review and were given only two items to take care of: 1) to provide a fly report and 2) conduct a traffic study to be sure there is no over usage of any intersections. He said when the full application was submitted, Engineering advised them they would have to amend the Code to delete the street and Engineering staff indicated there should not be any problem because it was a street extension that was drawn on the map many years ago and wasn't needed. He said they were so confident it would not be a problem, that they had the design team go ahead with working drawings and design work costing approximately $200,000 has already been done. He stated having a street along the south end of the property would not benefit his company at all and would probably cost at least $800,000 to construct. He noted it would also reduce the size of their proposed 450,000 square foot building by at least 90,000 square feet and would not meet the needs of to the adjacent tenants to the north. He said the tenants need the whole 450,000 square feet to combine with the other buildings to the north to centralize their operation. He did not feel the street is a necessity. Chairman McNiel asked the distance from San Marino Drive to their northern property line and the depth of their property. Mr. Johnson estimated the distance to their northem property line to be approximately 500 feet and the depth to be about 800 - 900 feet. Dawn Wilson, RBF Consulting, 5050 Avenida Encinas, Carlsbad, stated they prepared the traffic analysis. She said their main point was that in 2020, San Madno Drive will be below capacity; therefore it was unlikely that additional roadway trips would be diverted to the Mission Park Road. She said the analysis also showed that all the intersections will operate at acceptable levels of service and an additional intersection would not benefit the City. There were no additional public comments. Chairman McNiel stated the distance from San Marlno Drive to where the originally proposed street would be approximately 850 feet. He did not think there are many streets that close together in that area. He did not believe the deletion of this portion of Mission Park Drive would appreciably impact any existing or future developments on Charles Smith Drive because of the close proximity of San Madno Drive. He felt traffic would go up Buffalo Avenue from 4th Street to get there. Motion: Moved by Stewart, seconded by Macias, to direct staff to process an amendment to the Development Code upon submission of an application and fees by the project developer. Motion carried by the following vote: AYES: MAClAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried F. CONSIDERATION OF SUBAREA 18 SPECIFIC PLAN AMENDMENT- CHARLES JOSEPH ASSOCIATES - A request to initiate an amendment to allow senior housing as a permitted use within Planning Area VIII of the Empire Lakes project. Dao Coleman, Principal Planner, presented the staff report. Planning Commission Minutes -6- May 22, 2002 Chairman McNiel invited public comments. Chuck Bouquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, Rancho Cucamonga, concurred with the staff report. He said the applicant is not preposing congregate care, but rather a project for active seniors. He indicated they want senior housing, not multi-family. He stated Tony Ferrero, Senior Vice President of Kisco was in the audience. There were no additional public comments. Commissioner Tolstoy stated he had originally been against having residential uses in the area next to the industrial area but he saw no reason not to allow this use since the area has been changed. Chairman McNiel felt that the development that has occurred in the area is nice. He thought that more housing will be needed for seniors as the population is aging and he therefore felt this makes sense because it is close to shopping, activities, and the Metrolink. Motion: Moved by Stewart, seconded by Macias, to direct staff to precess an amendment to Subarea 18 upon submission of an application and fees by the project developer. Motion carded by the following vote: AYES: MAClAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carded PUBLIC COMMENTS John Solberg, 13231 Miller Avenue, Rancho Cucamonga, stated he was wondering if the Planning Commission had an opportunity to read any of the letters that were sent to them before the meeting and asked why there was a public meeting if the Commissioners had not had an opportunity to read the leffere. Chairman McNiel responded that the Commissionere had read the letters. Mr. Solberg asked for confirmation that they were read before the meeting. Chairman McNiel confirmed they were. Mr. Solberg said he heard a comment in the introduction that the Commissionere had a copy of the letters in front of them. He didn't think they had been there long enough to be read. Chairman McNiel said they were included in the packet. He said the first response to Mr. Solberg's home in the event of an emergency will be from Rancho Cucamonga, not Fontana, and he felt the name change makes perfect sense in the interest of Mr. Solberg's safety as opposed to being in the interest of Mr. Solberg's convenience. Mr. Solberg said he noted in his letter that all public safety personnel get daily briefings and he was sure those daily briefings address any anomalies in how they go about their business. He thought the safety officials in this community have less need to know that the street is the same name than anybody else who uses it. He felt that the dispatchers tell them if a street changes names. Chairman McNiel noted that the Planning Commission's decision can be appealed to the City Council. Mr. Solberg responded that there would be an appeal. Planning Commission Minutes -7- May 22, 2002 2/¢ The Rancho Cucamonga Subarea 18 Specific Plan, pages 4-10 shall be amended as follows (strike thru = remove text, bold italic = added text): Section 4.2.4 EASTERN ANCHOR (6TH STREET AND MILLIKEN AVENUE) Planning Area VIII: O~ce/!,",duct,"i3llCommerciallSenior Housing Planning Area VIII is located at the southwest corner of 6th Street and Milliken Avenue, which will become a prime intersection when 6th Street is ultimately extended to a new proposed interchange with the 1-15 Freeway. This parcel enjoys both prime arterial road frontage and golf course frontage. Possible uses include office, research and development, and !ight ~'-",,-*' ....... ucoc market rate senior housing, as well as commercial pad sites for fast food or banking adjacent to primary roadway entrances. With the completion of the future interchange with 1-15, Planning Area VIII may also include certain types of retail uses. Market rate senior housing is intended to facilitate the construction of rental housing units that will serve the current and long term city need for senior citizen oriented dwelling units while maintaining a high degree of quality in project design and construction. This type of development shall comply with all applicable state and federal laws. The primary resident population group that is intended to be served by market rate senior housing development are senior citizens who meet the following criteria: a. For tenants, residents or occupants who are married to each other, either spouse shall be 55 years of age or older. b. For individuals who are not married, each individual shall be 55 years of age or older with the following exception. c. Non-seniors may live in the development so long as they are 45 years of age or older or a person providing primary physical or economic support to the senior citizen. d. A non-senior guest may stay with a senior for up to 60 days per year. Senior housing developments must meet the following physical requirements: a. Extra.wide entryways, walkways, hallways, and doorways in the common areas of the development b. Walkways and hallways in the common areas must be equipped with railings or grab bars to assist persons who have difficulty with walking. c. Walkways and hallways in the common areas must have sufficiently bright lighting to assist persons who have difficulty seeing. EXHIBIT "D" d. Access to all common areas and housing units within the development shall be provided without use of stairs (elevators or ramps must be used instead). e The development must contain at least one common room and common open space. f. Refuse collection must be provide in a manner that requires a minimum of physical exertion by residents. g. Every effort shall be made to buffer the development from more intensive uses allowed in the Planning Area. This includes increased setbacks, intensified landscaping, creative use of walls, and other factors subject to review and approval by the City Planner. As an incentive to developers to build senior housing projects, the parking requirements may be reduced below that required for typical multi-family development. Reduction in the number of parking spaces shall be addressed on a case-by-case basis subject to provision of parking studies and the establishment of a development agreement. Market rate senior housing development, including reduced parking requirements are predicated upon the long-term availability of the units for the target population previously defined. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the City per California Government Code Section 65864 through 65869.5. rred. ~ted he was saddened th~'~"tha e ,m~.~ house will be removed because he th, ought it has a nice feeling. He stated he understood why t-~h'i'e-hQLl~e is being removed. He ooserved that because the eucalyptus trees are in poor condition, it is bette~'f'tl'tat.t~ey be removed to avoid their being blown down by high winds. Motion: Moved by Stewart, seconded by Macias, to issue a Negat ve Declaration and adopt resolution approving Tentative Tract Map SUBTT16332. Motion carr ed by AYES: MACIAS, MANNERINO, MCNIEL,S.T_E.~/ART, TCL,GTO¥ ~~1~ -carried C. SUBAREA 18 SPECIFIC PLAN AMENDMENT DR02002-00464 - CHARLES JOSEPH AND ASSOCIATES - An amendment to the Subarea 18 Specific Plan (Empire Lakes) to establish criteria for Senior Housing development and to allow Senior Housing within Planning Area VIII (Office/Industrial/Mixed Use Commercial), located at the southwest corner of Milliken Avenue and 6th Street. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel indicated he heard the applicant was requesting market-rate senior housing with a parking rate of 1 space per unit and he asked how that compares to Code. Mr. Le Count responded that normal City code calls for 1.3 - 2 parking spaces per unit. Commissioner Tolstoy asked if there will be a center in the complex for people to buy things such as groceries. Mr. Le Count replied that there is potential for commercial development at the northwest corner of 4th Street and Milliken Avenue but no proposals have been submitted to the City. Commissioner Tolstoy observed there are a number of apartments in the area with no nearby shopping center for groceries. Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 396, Rancho Cucamonga, stated there are apartments located south of the Planning Area and this new project will be located adjacent to the golf course. He observed the project will have to go through the Design Review process with respect to the development. He noted the location will provide an opportunity for seniors to live adjacent to other residences and adjacent to the golf course. He said they will not be adding any additional multi-family units in the Planning Area and will be under the Planning Commission Minutes -3- August 28, 2002 15 ,2./7 allowed number of multi-family units for the plan. He noted that Tony Ferrero of Kisco Senior Living and Chuck Beecher from General Dynamics were in the audience. Chairman McNiel asked why the Commission should allow only 1 parking space per unit. Mr. Buquet replied the request is based upon industry standards. He said the City currently has multi-family development standards and they are working with staff to define senior housing. He indicated there will be a Development Agreement or some other vehicle to provide that the units will be senior housing in perpetuity. He stated Kisco has researched the need for the this type of housing and said they want to meet the needs of the residents. He said the request is based upon studies and traffic counts for similar projects. Commissioner Tolstoy stated this is a high scale area. He believed that in this day and age, seniors are very active. He noted that he has two cars and uses them all the time. He stated he will have a hard time supporting a reduction in the parking requirement. Chairman McNiel stated he understood there will be no wiggle room under the agreement. · Mr. Le Count concurred that is true based upon what is negotiated. He stated the Commission would see the Development Agreement. Commissioner Tolstoy felt the development will be an above-average community and more parking will be needed. Chairman McNiel commented that it is important that the parking studies are for economically comparable developments. Mr. Buquet noted that the Metrolink station is located nearby. He indicated their development would be encouraging residents to take advantage of nearby transportation and recreation. Commissioner Tolstoy acknowledged the parking would be reviewed in connection with a project but said he didn't favor reducing the parking requirement and also felt there should be bicycle racks. Commissioner Macias stated that he has seen senior developments with less parking than regular multi-family requirements. However, he felt the market-rate concept presents an interesting dilemma. He thought the residents will probably be more mobile and have more than one car. Chuck Beecher, General Dynamics, 3270 Inland Empire Boulevard, Rancho Cucamonga, stated he agreed with the staff report. He indicated they have been marketing 4th Street and Milliken Avenue corner but it is unfortunately too large for a neighborhood shopping center. He reported that the demographics to date don't support a market in this area of the City. He noted they currently have three office projects with over 2,000 jobs in the Empire Lakes Center. Tony Ferrero, Kisco Senior Living, 5790 Fleet Street, Carlsbad, stated that Kisco is a family-owned company with a great deal of experience in the senior housing market. He said they are very cautions about not under-parking their communities. He observed they generally have parking up to 1.1 per unit and that is ample. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved bY Stewart, seconded by Macias, to adopt the resolution recommending approval of Subarea 18 Specific Plan Amendment DRC2002-00464. Motion carried by the following vote: Planning Commission Minutes -4- August 28, 2002 AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried -- NEW BUSINESS D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00318 - PACIFIC DEVELOPMENT GROUP - A request to construct one 6,200 square foot building and one 3,800 square foot building on 1.93 acre of land in Subarea 2, Community Commercial District, of the Foothill Boulevard Districts, located at the northwest corner of Foothill Boulevard and Vineyard Avenue - APN: 207-102-24 and 25. Staff has prepared a Negative Declaration ( environmental impacts for consideration. Tom Grahn, Associate Planner, presented the staff report. David Powell, Partner, Pacific Development Group, #1 Corporate Plaza, , felt the corner building is extremely important and will be a real addition to the int~ He announced that both buildings are fully leased. He stated they would like to haw completed during the first quarter of 2003 and said revised plans will be coming th~ Hearing no further testimony, Chairman McNiel closed the ~ He stated the center has been highly successful. He said the City has pointed out the d~ ~ment as an example of the quality of development the City desires. He felt the project will, ~/ell. He observed that the applicant had been very cooperative during the design ~rocess. Commissioner Tolstoy felt it is one of the most Chairman McNiel noted that the buildings are m and he felt the high quality has contributed to the success of the center. Motion: Moved by Tolstoy, seconded by [~ to ~ssue a Negative Declaration and adopt the resolution approving Develol: B. Motion carried by the following vote: AYES: MAClAS, , TOLSTOY NOES: NONE ABSENT: MANNERINO - carried DIRECTOR'S E. USE DETERM DRC2002-00523 - JOHNSON - A request to make a determination that g studio is similar to an art studio, a use currently permitted within Subarea cial District, of the Foothill Boulevard Districts. Mike Sm Planning Technician, presented the staff report and distributed a map showing the Sub~ zoning along Foothill Boulevard. He noted that if the use were determined to be a it would allow the use in all other Community Commercial districts in Subarea 3. McNiel invited public comment. Planning Commission Minutes -5- August 28, 2002 RESOLUTION NO. 02-84 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DRC2002-00464, AN AMENDMENT TO THE SUBAREA 18 SPECIFIC PLAN (EMPIRE LAKES) TO ESTABLISH CRITERIA FOR SENIOR HOUSING DEVELOPMENT AND TO ALLOW SENIOR HOUSING WITHIN PLANNING AREA VIII, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TH STREET AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The Planning Commission initiated an amendment to the Subarea 18 Specific Plan on May 22, 2002. 2. Chades Joseph and Associates filed an application for Specific Plan Amendment DRC2002-00464 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Specific Plan Amendment is refen'ed to as "the application." 2. On the 28th day of August, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on August 28, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The proposed amendment will provide for development of senior housing serving the special housing needs of the elderly. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. 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 PLANNING COMMISSION RESOLUTION NO. 02-84 DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES August 28, 2002 Page 2 b. This amendment will promote the goals and objectives of the Development Code and the Subarea 18 Specific Plan; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code and the Subarea 18 Specific Plan; and e. The proposed amendment is in conformance with the General Plan. 4. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. The Planning Commission hereby finds that the Specific Plan Amendment is exempt from further environmental review pursuant to California CEQA Guidelines Section 15061(b-3) and Rancho Cucamonga CEQA Guidelines Section F(10). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Specific Plan Amendment DRC2002-00464 by the adoption of the attached City Council Ordinance. 6. The Secretary to this commission shall certif7 to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF AUGUST 2002. PLANNING COMMISSION OF THE CiTY OF RANCHO CUCAMONGA BY' ~ ~an Dan Coleman, Acting Secretary I, Dan coleman, Acting Secretary of the Planning commission of the City of Rancho Cucamonga, do hereby certi~ that the foregoing Resolution was duly and regulari¥ introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th of August 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAClAS 22/ Rancho Cucemonga !ASP Sub-Area 18 Specific Plan TABLE 5-1 (continued) SUMMARY OF LAND USE TYPE BY PLANNING AREA -. Conference Centre' P P P P P P P . Corporate Training Center P P P P P P M~E COMMERCIAL PERSONAL/BUSINESS SERVICES ' F~ Funeral & Cremato~ ,Servlce~ C C C C C C C C C C P P P P P P P P P P Pemon~Sewicas 'P P P . P P Repair Sewk:es P P P P P AUTOMOBILENEHICLE SERVICES Autamnt~ve'Sewk:e Court C C C C Autemot~e Sewlce Stet~n C C C C C C C Specta~ Autona~xc,~ Sak~Sen4=e C . ' C C C C C C C RETAIL-~IJSIN ES8 SUPPLY/S ERVlCES RETAIL/CONVENIENCE RELATED RETAIL-FOOD & BEVERAGE RELATED RETAIL-.,HOME ' MPROVEMENT RELATED Fumltum/HomeFumishings/Anfiques IP(2) IP(2) I I P(2)I P(2)I P(2)I P(2) I I GENERAL COMMERCIAL Communlc;dJo~s Sendces . p P P p p P P P C = Conditionally Permitted Use B~k Box = Not Permitted Use (1) Whe? live entertalnmen~ is present, such uses are subject to a c~ entertainment pen*nit. (2) PermUted as part of a mb~d use commerc~l or rete;I center. (3) Residential pen'nitted wi'd~ut industrial in the sa. planning area. r' :L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2002-00464, AN AMENDMENT TO THE SUBAREA 18 SPECIFIC PLAN (EMPIRE LAKES) TO ESTABLISH CRITERIA FOR SENIOR HOUSING DEVELOPMENT AND TO ALLOW SENIOR HOUSING WITHIN PLANNING AREA VIII, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TH STREET AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The Planning Commission initiated an amendment to the Subarea 18 Specific Plan on May 22, 2002. 2. Charles Joseph and Associates filed an application for Specific Plan Amendment DRC2002-00464 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Specific Plan Amendment is referred to as "the application." 3. On the 28th day of August, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. On the 2nd day of October, 2002, 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. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on October 2, 2002, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The proposed amendment will provide for development of senior housing serving the special housing needs of the elderly. 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: 223 CITY COUNCIL ORDINANCE NO. DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES October 2, 2002 Page 2 a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code and the Subarea 18 Specific Plan; and c. The proposed amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code and the Subarea 18 Specific Plan; and e. The proposed amendment is in conformance with the General Plan. 4. This Council hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061(b-3) and Rancho Cucamonga CEQA Guidelines Section F(10). Furthermore, the City Council approved an Environmental Impact Report for the Subarea 18 Specific Plan in January of 1994 (State Clearinghouse No. 93102055) and for the General Plan Update in October of 2001 (State Clearinghouse No. 2000061027), and the amendment is consistent with the Subarea 18 Specific Plan and the General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves Specific Plan Amendment DRC2002-00464 by the adoption of the attached Exhibit "A." 6. The Secretary to this Council shall certify to the adoption of this Ordinance. CITY COUNCIL ORDINANCE NO. DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES October 2, 2002 Page 3 EXHIBIT "A" The Rancho Cucamonga Subarea 18 Specific Plan, pages 4-10 shall be amended as follows (strike thru = remove text, bold italic -- added text): Section 4.2.4 EASTERN ANCHOR (6TH STREET AND MILLIKEN AVENUE) Planning Area VIII: Office/!nductr~al/Commercial/Senior Housing Planning Area VIII is located at the southwest corner of 6th Street and Milliken Avenue, which will become a prime intersection when 6th Street is ultimately extended to a new proposed interchange with the I-15 Freeway. This parcel enjoys both prime arterial road frontage and golf course frontage. Possible uses include office, research and development, and ..~... ~.--~,.o*,~.,~ usoc market rate senior housing, as well as commercial pad sites for fast food or banking adjacent to primary roadway entrances. With the completion of the future interchange with I-15, Planning Area VIII may also include certain types of retail uses. Market rate senior housing is intended to facilitate the construction of rental housing units that will serve the current and long term City need for senior citizen oriented dwelling units, while maintaining a high degree of quality in project design and construction. This type of development shall comply with all applicable state and federal laws. The primary resident population group that is intended to be served by market rate senior housing development are senior citizens who meet the following criteria: a. For tenants, residents or occupants who are married to each other, either spouse shaft be 55 years of age or older. b. For individuals who are not married, each individual shall be 55 years of age or older with the following exception. c. Non-seniors may live in the development so long as they are 45 years of atgo e or older or a person providing primary physical or economic support the senior citizen. d. A non-senior guest may stay with a senior for up to 60 days per year. Senior housing developments must meet the following physical requirements: a. Extra-wide entryways, walkways, hallways, and doorways in the common areas of the development. b. Walkways and hallways in the common areas must be equipped with railings or grab bars to assist persons who have difficulty with walking. CITY COUNCIL ORDINANCE NO. DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES October 2, 2002 Page 4 c. Walkways and hallways in the common areas must have sufficient bright lighting to assist persons who have difficulty seeing. d. Access to all common areas and housing units within the development shall be provided without use of stairs (elevators or ramps must be used instead). e. The development must contain at least one common room and common open space. f. Refuse collection must be provided in a manner that requires a minimum of physical exertion by residents. g. Every effort shaft be made to buffer the development from more intensive uses allowed in the Planning Area. This includes increased setbacks, intensified landscaping, creative use of walls, and other factors subject to review and approval by the City Planner. As an incentive to developers to build senior housing projects, the parking requirements may be reduced below that required for typical multi-family development. Reduction in the number of parking spaces shall be addressed on a case-by-case basis subject to provision of parking studies and the establishment of a development agreement. Market rate senior housing development, including reduced parking requirements are predicated upon the long-term availability of the units for the target population previously defined. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the City per California Government Code Section 65864 through 65869.5. R A N C H O C U C A M O N G A Co H H U NI~fY c~ E 1~ VI CE & DATE: October 2, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Department BY: Paula Pachon, Management Analyst III SUBJECT: Approval of funding for expansion of the Senior Transportation Program Partnership between the City of Rancho Cucamonga and the Rancho Cucamonga YMCA and authorize the appropriation of $11,000 out of the General Fund Capital Reserves into Account Number 1025001-5650/1332204-0 RECOMMENDATION: It is recommended that the City Council approve a budget appropriation in the amount of $11,000 from the City's General Fund reserves to fund the expansion of the Senior Transportation Program Partnership with the YMCA. These funds would be used to provide the local match requirement for a grant received by the YMCA for purchase of a second transportation van to serve Rancho Cucamonga seniors. BACKGROUND/ANALYSIS: The City currently has a very successful partnership with the Rancho Cucamonga YMCA to provide transportation services to local senior citizens participating in Senior Center activities. This partnership began with the City purchasing the vehicle and with the YMCA assuming responsibility for the operation and maintenance of the van. As noted, the program has been very successful in transporting senior citizens to and from the Senior Center each day, resulting in approximately 8,000 trips each year. It has become very evident that there is a significant need to expand the Senior Transportation Program not only in bringing seniors to and from the Senior Center for daily activities, but also taking them to doctor appointments, daily shopping visits, pharmacy trips, and other important destinations. The YMCA and the City have been watching for funding opportunities which may provide for expansion of the 2.2? EXPANSION OF SENIOR TRANSPORTATION PROGRAM October 2, 2002 Page 2 program. A couple of years ago the City was made aware of a funding opportunity for non-profit organizations to acquire vehicles for transportation programs. The City referred this opportunity to the YMCA and they applied for purchase of a second van. The YMCA was recently notified that they obtained the grant subJect to a local match requirement of $11,000. The YMCA has indicated that while they do not have the funding necessary for the matching grant requirement, they do have funding for the maintenance and operation of the second van if it is obtained. If the City were to partner with the YMCA and provide funding for the matching grant requirement, this one time expenditure of $11,000 will provide a very cost effective opportunity for the City to assist in the expansion of transportation services for senior citizens. If approved, the staff will work with the YMCA to develop an agreement to insure that this second van is prioritized for Rancho Cucamonga senior citizens. Mayor Pro Tern Diane Williams and City Councilmember Bob Dutton have both had recent conversations with Dianna Lee-Mitchell from the YMCA regarding the proposed expansion of transportation services and the significant need for this expansion for the community's senior citizens. Based upon these discussions, Mayor Pro Tern Williams and Councilmember Dutton are recommending that the City expand our current partnership with the YMCA through the provision of funding for the local match requirement. Attached is a letter detailing their request. City staff concurs with this request and would recommend funding the expansion of transportation services for seniors. FISCAL IMPACT: Approval of this recommendation would authorize the expenditure of $11,000 from the City's General Fund Reserves on a one-time basis. Attachment: Letter from Mayor Pro Diane Williams and Councilmember Bob Dutton T H E C I T y O F RANCHO C U C AM 0 N GA September 24, 2002 Mayor and Members of the City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91737 Dear Mayor and Members of the City Council: In recent conversations with Dianna Lee-Mitchell, Executive Director of the Rancho Cucamonga YMCA, she told us about a very important and exciting opportunity they have to expand transportation services to the community's senior citizens. Thanks to the hard work of the YMCA they were successful in obtaining a federal grant for the purchase of a second transportation van for service to senior citizens in the community. This grant, which was originally referred to the YMCA by City staff as a potential funding source, will fund all but $11,000 of the anticipated $50,000 cost for the new van. The existing senior transportation partnership between the YMCA and the City has been a great success. The City originally provided the van and the YMCA assumed responsibility for the daily scheduling and operations. This van currently transports seniors to and from the Senior Center each day. There is a substantial need to expand this service as well as to extend transportation services for seniors to include doctors visits, shopping and other daily transportation requirements. Based upon this significant need, we would request the City Council to consider approval of a one-time financial payment from the City's General Fund reserve in the amount of $11,000 to allow the YMCA to obtain the second van. Considering the services this will provide to our seniors and the fact that the YMCA has the funding to operate and maintain this second van, we feel this is an excellent investment in our community. Thank you for your consideration of this request. Sincerely,~/~~ Diane Williams ~ Bob Dutton Mayor Pro Tem ~ Councilmember Mayor William J, Alexander Councilmember Paul Biane Mayor Pro-Tem Diane Williams Councilmember Bob Dutton Jack Lam, AICP, City Manager Councilmember Grace Curatalo 10500 Civic Center Drive · P. O. Box 807 · Rancho Cucamonga, CA 91729 · (909) 477-2700 · FAX (909) 477-2849 www,ci,rancho-cucamonga.ca,us