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HomeMy WebLinkAbout2002/11/06 - Agenda Packet CITY OF RANCH, 3 GUCAM ONGA 10500 Civic ,~,nt'er_Drive Rancho Cuc~monga,~CA 91730 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY CITY COUNCIL REGULAR MEETINGS: 1ST and 3rd Wednesdays, 7:00 p.m. NOVEMBER 6, 2002 ARenc¥, 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 November 6, 2002 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 in recognition of Red Ribbon Week including the presentation of a Proclamation and Certificates to the Red Ribbon Contest winners. 2. Presentation of a Proclamation in recognition of the Inland Empire Race for the Cure Month. CONTINUED FROM OCTOBER 2, 2002. 3. Presentation of a Proclamation in recognition of Crime Prevention Month 2002 and Certificates of Recognition to Crime Prevention Community Heroes. 4. Presentation of a Proclamation in recognition of Diane Gunther, Rancho Cucamonga's 2002 LA Fair Community Hero. C.~. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: September 18, 2002 October 2, 2002 October 22, 2002 (Special Meeting - Biane &Dutton absent) 2. Approval of Warrants, Register October 9 through October 29, 2002, and Payroll ending October 6, 2002, for the total amount of $5,489,253.06. City Council Agenda November 6, 2002 2 3. Approval to expend up to $50,000 from Acct. No. 10163015300 for the 40 purpose of converting 16mm microfilm and building plans to digital images and approval of single source vendor - Delta Microlmaging. 4. Approval to authorize the City Engineer to accept grant revenue in the amount of $113,550'from the California Energy Commission into Acct. 42 No. 1001000-4740 (Grant Revenue) to offset the cost of installing traffic signal battery backup units in the prior year. , RESOLUTION NO. 02-280 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR A BATTERY BACKUP SYSTEM AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT AND CARRY OUT THE PURPOSE OF THE RESOLUTION 5. Approval of Declaration of Easement Amendment and Restatement 46 between Nakano Foods, Inc., and Biane Family Properties, LLC, located along Eighth Street west of Hermosa Avenue. RESOLUTION NO. 02-281 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATIONS TO DECLARATION OF EASEMENT AMENDMENT AND RESTATEMENT BETWEEN NAKANO FOODS, INC., AND BIANE FAMILY PROPERTIES, LLC, LOCATED ALONG EIGHTH STREET WEST OF HERMOSA AVENUE 6. Approval of acceptance of the 24-foot Offer of Dedication over Parcel 2 49 as shown on parcel Map 3213 for an easement for highway and road purposes for a portion of the west side of East Avenue, north of Banyan Street (formerly Summit Avenue). RESOLUTION NO. 02-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THAT 24-FOOT OFFER OF DEDICATION FOR HIGHWAY AND ROAD PURPOSES (BEING A PORTION OF EAST AVENUE) OVER PARCEL 2 AS SHOWN ON PARCEL MAP 3213 7. Approval of acceptance of Offer of Reserve Parcels for street purposes, offered as one-foot wide lots A, B, and C of Tract 9521, at the termini of 55 Carrari Court, Whirlaway Street and Klusman Avenue, located west of Archibald Avenue and north of Hillside Road. City Council Agenda November 6, 2002 3 RESOLUTION NO. 02-283 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN OFFER OF RESERVE PARCELS FOR STREET PURPOSES, OFFERED AS ONE-FOOT WIDE LOTS A, B AND C OF TRACT 9521, AT THE TERMINI OF CARRARI COURT, WHIRLAWAY STREET AND KLUSMAN AVENUE, LOCATED WET OF ARCHIBALD AVENUE AND NORTH OF HILLSIDE ROAD 8. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and 58 Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 15732, located at the southeast corner of Center Avenue and Dorset Street, submitted by W.F. Construction, Inc. RESOLUTION NO. 02-284 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15732, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-285 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 15732 9. Approval of Map, Improvement Agreement, Improvement Securities, 70 Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. I and 3 for Tract Map 16334, located at the southeast corner of the intersection of Rochester Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Richmond American Homes, Inc., a Colorado Corporation. RESOLUTION NO. 02-286 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16334, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT City Council Agenda November 6, 2002 4 RESOLUTION NO. 02-287 74 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 AN 3 FOR TRACT 16334 10. Approval to accept property located at 12467 Base Line Road (Regina 83 Winery) from the Rancho Cucamonga Redevelopment Agency. 11. Approval to accept property located at 12467 Base Line Road and Assumption of Existing Lease with J. Filippi Winery (CO RA 98-020) 84 from the Rancho Cucamonga Redevelopment Agency. 12. Approval of Contract Amendment with Mariposa Horticultural 86 Enterprises, Inc., for the maintenance contract for General Fund and LMD 1 Parks and Sties (CO 93-006). 13. Approval of the Professional Services Agreement with Beard, 89 Provencher & Associates, Inc. (BPA) (CO 02-122) to provide supplemental plan review and inspection services as necessary to meet. 14. Approval to increase the contract award with Boyle Engineering 90 Corporation (CO 02-087) for preparation of construction plans, specifications, and construction cost estimates for the Pacific Electric Inland Empire Trail, from Haven Avenue to approximately 1,200 feet east of Etiwanda Avenue, to be funded from Acct. No. 11103165300 for the amount of $43,665. 15. Approval of the Professional Services Agreement with ESGIL Corp. 94 (CO 02-123) to provide supplemental plan review as necessary to meet the ongoing service requests of the development community. 16. Approval to award and execute the Playground Sand RepLacement at 95 Various City parks contract to KCE Co. (CO 02-124) of Upland, California, in the amount of $103,200 ($97,800 plus $5,400 contingency) funded from Acct. Nos. 1120305-5650/1305120-0 ($69,700), 1120305-565011306120-0 ($20,500), and 1120305- 5650/1307120-0 ($13,000). 17. Approval to appropriate up to $150,000 into Acct. No. 1001314-5300 for 97 contract services with Lilbum Corporation (CO 02-125) relating to environmental review work in association with development projects as required by California Environmental Quality Act (CEQA). 18. Approval to appropriate funds in the amount of $25,000 (Acct. No. 105 1120305-5650/1449120-0) and approval of an agreement for reimbursement between the City of Rancho Cucamonga, Rancho Little League and Vineyard Little League (CO 02-126) for the acquisition and installation of one scoreboard at the Rancho Cucamonga Epicenter and Sports Complex. City Council Agenda November 6, 2002 5 19. Approval of Professional Services Agreement with Wi#dan (CO 02-127) '1'13 to provide supplemental plan review and inspection services as necessary to meet the ongoing service requests of the development community. 20. Approval to appropriate an additional $160,000 into Acct. Nos. 114 1001000-4509 (Planning-Special Service Fees) and 1001314-5303 (Contract Services-Reimbursable) to fund a developer-reimbursed Environmental Impact Report (EIR) for a 359-1ot subdivision, development agreement, and annexation application and to fund future projects anticipated for Fiscal year 2002/03. 21. Approval to accept improvements, release the Faithful Performance 115 Bond, and file a Notice of Completion for improvements for CUP 98-26, submitted by Norm Wilson & Sons, located on the northeast corner of Pittsburgh Avenue and Mission Vista Drive. RESOLUTION NO. 02-288 11 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-26 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 22. Approval to release Maintenance Guarantee Bond for CUP 99-10, '1'18 located on the southeast corner of Carnelian and Nineteenth Streets, submitted by Evergreen Devco, Incorporated. 23. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 99-61, '120 submitted by 7th Street Pacific, LLC, located at the northwest corner of 7th Street and Malachite Avenue. RESOLUTION NO. 02-289 '122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-61 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. City Council Agenda November 6, 2002 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. DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR 123 LIVING - A proposed Development Agreement (CO 02-128) to permit a parking ratio of 1.15 parking space per unit for an age-restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairview Place and 6th Street- APN: 210-082-53 thru 57. 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. ORDINANCE NO. 691 (first reading) 187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2002-00770, TO ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TM STREET AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-082-53 THRU 57 2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT 211 AGREEMENT DRC2002-00643- FOUNTAIN GLEN PROPERTIES -A proposed Development Agreement (CO 02-129) associated with a proposal for 216 market-rate senior apartments in the High Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227-151-70. Related Files: Tentative Parcel Map SUBTPM15923 and Development/Design Review DRC2002- 00633. ORDINANCE NO. 692 (first reading) 261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DRC2002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND City Council Agenda November 6, 2002 7 MAYTEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY PLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-151-70 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. ADOPT[ON OF THE CALIFORNIA BUILDING STANDARDS CODE 286 ORDINANCE NO. 693 (first reading) 288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2001 CALIFORNIA BUILDING CODE, INCORPORATING THE "UNIFORM BUILDING CODE, VOLUMES 1 AND 2," 1997 EDITION INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE," 2000 EDITION; THE 2001 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 1999 EDITION, INCLUDING THE "UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE," 1996 EDITION; ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION AND CONTAINED IN PARTS 2 THROUGH 5 OF TITLE 24 OF THE CODE OF REGULATIONS; THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1997 EDITION; THE "UNIFORM HOUSING CODE," 1997 EDITION; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, INCLUDING FEES AND PENALTIES City Council Agenda November 6, 2002 8 2. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE 304 ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AT APNS 227-152-30, 227-152-37, 227-161-16 AND 227-201-10 AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 RESOLUTION NO. 02-290 312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF COMMUNITY FACILITIES DISTRICT 2001-01 3. CONSIDERATION OF ADOPTION OF RESOLUTION OF NECESSITY :332 FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION, AND IMPROVEMENTS ALONG 6TM STREET AND SANTA ANITA AVENUE RESOLUTION NO. 02-291 342 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION AND IMPROVEMENTS ALONG 6TM STREET AND SANTA ANITA AVENUE · 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. UPDATE ON PLANS TO COMMEMORATE THE CITY'S 25TM ANNIVERSARY (Oral) 2. APPROVAL OF A JOINT USE AGREEMENT BETWEEN THE CITY OF 350 RANCHO CUCAMONGA AND THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (CO 02-130) FOR EXPANDING COMMUNITY USE OF HIGH SCHOOL FACILITIES City Council Agenda November 6, 2002 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. CONSIDERATION OF CITY COUNCIL COMMUNITY FOUNDATION 352 SUBCOMMITTEE'S RECOMMENDATIONS TO FILL VACANCIES 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 October 31, 2002, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. September 18, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, September 18, 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. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY OWNED BY SOUTHERN CALIFORNIA EDISON COMPANY AND IDENTIFIED AS APN: 0229-271-22 AND 0229-283-26; WILLIAM J. O'NEIL, CITY ENGINEER, AND DAN JAMES, SENIOR CIVIL ENGINEER, NEGOTIATING PARTIES, REGARDING INSTRUCTION TO NEGOTIATORS CONCERNING PRICE; NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNER, SOUTHERN CALIFORNIA EDISON COMPANY - CITY B2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION - SOUTHERN CALIFORNIA UNDERGROUNDING VS THE CITY OF RANCHO CUCAMONGA - PER GOVERNMENT CODE SECTION 54956.9 - 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 18, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 18, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:12 p.m.. 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; Linda Daniels, Redevelopment Agency Director; Kevin McArdle, Community Services Director; Joe O'Neil, City Engineer; Dave Blevins, Public Works Maintenance Manager; Jeff Barnes, Parks/LS Maintenance Superintendent; Julie Ungashick, Management Analyst I; Brad Buller, City Planner; John Thomas, Acting Building Official; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager; Michelle Perera, References Services Coordinator; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Sam Spagnolo, Rancho Cucamonga Fire Protection District; Peter Bryan, Battalion Chief, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Depadment; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Kathy Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamations in recognition of the "Patriot Day" Cross-Country Bike Tour Volunteers. Mayor Alexander presented the Proclamations to three of the leaders and riders of the Patriot Day Bike Team: Rancho Cucamonga Fire Engineer Jim Townsend and San Bernardino County Sheriff Deputies Ron Ives and Steve Allen. Unable to attend were Bike Team Members Rancho Cucamonga Fire Captain Mike Ploung and Compton Fire Engineer Ray Rennecker. Also thanked were KFRG 95.1 FM Frogmen Scott & Beau. B2. Presentation of Proclamations to three Little League Divisions for winning the District 21 Championships. Mayor Alexander presented Proclamations to members of the following Divisions: Alta Loma Little League, Senior Division; Rancho Little League, Big League Division; and Deer Canyon Little League, Major Division. C. COMMUNICATIONS FROM THE PUBLIC C1. Presentation by Katie Hill and Megan Daniels on their Silver Award Bridge Project for a local park. City Council Minutes September 18, 2002 Page ~ C2. John Lyons regarding November 5, 2002 Election. C3. Ray Harper, 6204 Indigo Avenue, regarding the Colonies project and appreciation of City Council's 9/4/02 decision re Resolution 02-246. He said a new Association has been formed, CCPA (Cucamonga Creek Preservation Association). On behalf of CCPA, he requested that they be put in the loop of alt memos or recommendations regarding the Cucamonga Creek Channel. CCPA requested that: 1) City continue to retain jurisdiction over the property on the west side of the Cucamonga Creek Flood Control Channel; 2) the area keep zoned as "open space"; 3) property be kept as an Upland trailhead for the Cucamonga Creek Trail. C4. Alice Harper, 6204 Indigo Avenue, regarding the Colonies project and appreciation of City Council's 9/4/02 decision re Resolution 02-246. She read a letter from Don & Kathryn Osberg, Upland residents, regarding concerns over the project. C5. Ronald lannone, 8469 18th Street, regarding the Colonies project and appreciation of City Council's 9/4/02 decision re Resolution 02-246. He recommended that the Council join with the public in keeping the buffer zone (open space) between Rancho Cucamonga and Upland. C6. Carol Douglas, 6047 Indigo Avenue, regarding the Colonies project and appreciation of City Council's 9/4/02 decision re Resolution 02-246. She expressed her concern over the regional trail adjacent to the Colonies project. C7. Leslie Grimes, 8052 Rosebud Street, regarding the Colonies project and appreciation of City Council's 9/4/02 decision re Resolution 02-246. She stated that it does not look good to the average citizen when councilmembers in general accept contributions from developers doing business in their city. She mentioned that she was uncomfortable with the City Attorney representing both the City of Rancho Cucamonga and the City of Upland. C8. Melanie Ingram, 8021 Rosebud Street, regarding the Colonies project and appreciation of City Council's 9/4/02 decision re Resolution 02-246. She said the citizens want to work with the City and want to be part of the review process and participate every step of the way with this project. She echoed all the points mentioned by Ray Harper. D. CONSENT CALENDAR D1. Approval of Minutes: August 21,2002 D2. Approval of Warrants, Register Nos. August 29 through September 5, 2002, and Payroll ending August 15 and August 29, 2002, for the total amount of $2,013.500.99. D3. Approve to receive and file current Investment Schedule as of August 31,2002. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Foothill Boulevard Storm Drain Improvements from Etiwanda Avenue to 1600' easterly, to be funded from Assessment District 84- 1, Account No. 16023035650/1414602-0. RESOLUTION NO. 02-24'7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "FOOTHILL BOULEVARD STORM DRAIN IMPROVEMENTS FROM ETIWANDA AVENUE TO 1600' EASTERLY" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes September 18, 2002 Page 4 D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Playground Sand Replacement at Various City parks, funded from Account Nos.1120305-5650/1305120-O ($70,000), 1120305-5650/1306120-0 ($20,500) AND 1120305-5650/1307120-0 ($13,000). RESOLUTION NO. 02-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PLAYGROUND SAND REPLACEMENT AT VARIOUS CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to Appropriate $64,121.00 awarded by the United States Department of Justice Local Law Enforcement Block Grants Program. D7. Approval of a Resolution authorizing the City Clerk to accept the Quitclaim Deed executed by Pervaiz and Nusrat Khan for the Etiwanda Storm Drain, located south of Highland Avenue, east of East 'Avenue from south of Highland Avenue to the Victoria Basin, funded from Acct. No. 11143035650/1403114-0. RESOLUTION NO. 02-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT A QUITCLAIM DEED EXECUTED BY PERVAIZ AND NUSRAT KHAN D8. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Five-Year Capital Improvement Program for Fiscal Years 2002/03 through 2006/07 and Twenty-Year Transportation Plan beginning in Fiscal Year 2002/03 as required for Measure "1" funds. RESOLUTION NO. 02-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2002/03 THROUGH 2006/07 AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 2002/03 FOR THE EXPENDITURE OF MEASURE "1" FUNDS D9. Approval of Drainage Reimbursements for the General City Area Master Plan for FY 2001/2002 and appropriate $151,985 for Fund 1112-303-5650/1026112-0. D10. Approval of Drainage Reimbursements for the General City Area Master Plan for FY 2001/2002 and appropriate $151,985 for Fund 1112-303-5650/1026112-0. Dll. Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2001-00675, located at 12167 Arrow Route (old Ampac site), submitted by Copad, Inc. RESOLUTION NO. 02-251 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 DRC2001-00675 City Council Minutes September 18, 2002 Page 5 D12. Approval to authorize the sole source purchase of radio equipment from Motorola, Inc. in an amount not to exceed $31,300, from Acct. No. 1712001-5603, from a piggyback opportunity on the County of San Bernardino's Contract No. 89-639. D13. Approval of Improvement Agreement, Improvement Security and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2001-00423, located on the west side of Santa Anita Avenue, north of 4th Street, submitted by Master Development Corporation. RESOLUTION NO. 02-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00423 RESOLUTION NO. 02-253 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 DRC2001-00423 D14. Approval of an Improvement Agreement, Improvement Security for CUPNV129-97 (City of Ontario CUP), location on the east side of Etiwanda Avenue north of the 1-10 freeway in the City on Ontario, submitted by CCG Ontario, LLC. RESOLUTION NO. 02-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUPNV129-97 (CITY OF ONTARIO CUP) D15. Approval of a Memorandum of Understanding (CO 02-099) with the Alta Loma, Central, Cucamonga and Etiwanda School Districts and the San Bernardino County SherifFs Department to provide the D.A.R.E. Program. D16. Approval to award and authorize the execution of the contract for the construction of the Adult Sports Park and Parking Lot Improvements to International Pavement Solutions, Inc. (CO 02-100) in the amount of $176,412.00 ($160,374.50 plus 10% contingency) to be funded from Acct. No. 1120305- 5650/1209-120-0. D17. Approval and authorization of Invensys Building Systems, Inc., as the single source service provider and installer for HVAC and related energy management systems for City facilities; approval of the annual maintenance agreement for $129,936 to include capital maintenance projects, and approval of extra work not to exceed $100,000. Maintenance contract to be funded from 1001312-5304 and 1700201-5304; HVAC System installations to be funded from 1025001-5602, 5304; and extra work to be funded from various city accounts. D18. Approval of single source vendor selection and award a contract for the purchase of server disk drives and related components from Pioneer-Standard Electronics (CO 02-101) in the amount not to exceed $117,064.00 from Acct. No. 1001714-5605. City Council Minutes September 18, 2002 Page 6 D19. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 99-54, submitted by Cabot Industrial Properties, L.P., located on the south side of Sixth Street between Richmond Place and Buffalo Avenue. RESOLUTION NO. 02-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-54 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 15911, submitted by Ryland Homes, located on the east side of East Avenue, south of Victoria. RESOLUTION NO. 02-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15911 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to release the Maintenance Guarantee Bond, No. FS1316412, in the amount of $13,439.13, for the Arrow Route Cross Gutter Removal and Drainage Improvements and Hellman Avenue Drainage Improvements, Contract No. 01-028. D22. Approval to release the Maintenance Guarantee Bond, No. 847063P-1, in the amount of $10,452.88, for the Almond Trail Drainage Improvements from Beryl Street to 1400 feet west, Contract No. 01-047. D23. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Coyote Canyon Park Landscape Improvements. RESOLUTION NO. 02-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR COYOTE CANYON PARK LANDSCAPE IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D24. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 15963, submitted by Crestwood Development, located on the northwest corner of London Avenue and Liberty Street. RESOLUTION NO. 02-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15963 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 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 18, 2002 Page ? E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS No Items Submitted. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. REPORT ON "ASK A LIBRARIAN--24/7" (Oral) Report presented by Robert Karatsu, Library Services Manager, and Michelle Perera, References Services Coordinator. H2. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY'S PARTICIPATION IN A COALITION REPRESENTING LOCAL GOVERNMENT INTERESTS IN THE MATTER OF ADELPHIA COMMUNICATIONS' CHAPTER 11 BANKRUPTCY Staff report presented by Kimberly Thomas, Management Analyst II. RESOLUTION NO. 02-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE FORMATION OF A COALITION OF LOCAL GOVERNMENTAL ENTITIES TO PROTECT THE INTERESTS OF THE CITY AND ITS RESIDENTS DURING THE CHAPTER 11 BANKRUPTCY PROCEEDINGS INVOLVING ADELPHIA COMMUNICATIONS CORPORATION Motion: Moved by Curatalo, seconded by Biane to approve Resolution No. 02-259. Motion carried unanimously 5-0. H3. REPORT ON VICTORIA WINDROWS POPLAR TREES Staff Report presented by Jeff Barnes, Parks/LS Maintenance Superintendent and Julie Ungashick, Management Analyst I. Councilmember Dutton asked if the Poplar tree was the tree originally proposed to be planted. He said this is a self-initiated problem and he wants to make sure this does not happen again. He wanted to be assured that a program is now in place. Jeff Barnes, Parks/LS Maintenance Superintendent, answered affirmatively, although he did not know what system was in place at that time (in the early 80's). He said the developer probably chose that tree without realizing the long-term results. He said Planning and Engineering, as well as other cities, have spent a good deal of time collecting data on "what trees grow in the right spaces." He said we now have City Council Minutes September 18, 2002 Page 8 that data, so we know pretty much what size parkways we can plant trees in, which trees are too aggressive for smal~ parkways and which are not. Motion: Moved by Williams, seconded by Biane, to approve the staff recommendation to remove and replace 161 Poplar trees in the Victoria Windrows community. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Dutton, seconded by Williams to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:36 p.m. Respectfully submitted, Kathryn L. Scott Deputy City Clerk Approved: October 2, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 2, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:06 p.m. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Buller, City Planner; Brent LeCount, Associate Planner; Tom Grahn, Associate Planner; Donald Granger, Assistant Planner; John Thomas, Acting Building Official; Dave Moore, Recreation Superintendent; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael and Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst I1~; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation by Robert DeLoach, General ManagedCEO, Cucamonga County Water District, regarding Waste Water Treatment Plants. A power point presentation was given by Robert DeLoach. Mayor Alexander stated he hopes to agendize this for a future meeting. B2. Presentation to Assemblyman Bill Leonard in recognition and appreciation of his 24 years of dedicated public service in the California State Legislature. Mayor Alexander expressed the City's appreciation to Assemblyman Leonard for his many years of service on the legislature. Assemblyman Leonard stated he is very proud of Rancho Cucamonga and is proud to have represented it. B3. 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. Mayor Alexander presented Certificates to the team members and coaches. B4. Presentation of a Proclamation in recognition of the Inland Empire Race for the Cure Month. ITEM CONTINUED TO OCTOBER 16, 2002. B5. Presentation of a Proclamation to honor National Fallen Firefighters Day. Mayor Alexander presented the Proclamation to Paul Lenze. City Council Minutes October 2, 2002 Page 2 Be. Presentation of a Proclamation in recognition of National Fire Prevention Week. Mayor Alexander presented a Proclamation to Kimberly Smith, Fire Administrative Resource Manager. Kimbedy Smith, Fire Administrative Resource Manager, invited everyone to station 4 on Milliken and Jersey for the open house to be held on Saturday, October 3 from 10:00 a.m. to 3:00 p.m.. B7. ADDED ITEM - Presentation by Chamber of Commerce Executive Director, Norm MacKenzie, on 634d anniversary of the Grape Harvest Festival. Norm McKenzie, Executive Director Chamber of Commerce, talked about the Grape Harvest Festival. Dianna Lee-Mitchell, Chair of the Festival, talked about all of the events planned for the October 4, 5, 6 event. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons, Etiwanda, stated he wanted to talk about Rex Gutierrez. He read various articles and flyers about Mr. Gutierrez which referred to his alleged conflict of interest while on the City Council. C2. Rex Gutierrez, 6640 Catania, stated he is very happy to be present tonight to defend himself. He stated the information presented is not correct and that he has never been prosecuted for anything. He told about why he resigned from the Council in 1998 stating he felt it was the right thing to do. He asked that someone from the Council talk to Mr. Lyons so that this does not go on any longer and so Mr. Lyons will not disgrace the City any more. He also added he is seeking a restraining order against Mr. Lyons so he does not go to his house again. C3. Kathryn Wolfe, Casa Volante Mobile Home Park, read a letter dated August 30 which was also sent to the Council. The letter talked about the entrance into her park, which she felt was an unsafe condition because of all of the traffic in front of the park. She wondered how the residents would get out if the front entrance was blocked for some reason. She also mentioned a back access road and asked that it be opened up. James Markman, City Attorney, stated it does appear that the owner does have the responsibility to maintain the back access road for the residents. Mayor Alexander stated staff has been working on this since she brought it to the Council's attention. He stated it is not a simple matter, but it is being worked on and the City is very concerned. C4. Randy Hartin, 6573 De Anza, stated he would like an agenda item for the October 16 meeting regarding a update on Day Creek and Milliken near the new freeway. He stated the homeowners are very concerned that there are no sound walls near them. He added they held a neighborhood meeting about this and that they are ready to come to the October 16 City Council meeting. He stated they are willing to do whatever they can to get a sound wall for this area. Mayor Alexander suggested he get an update from Joe O'Neil, City Engineer about this. Joe O'Neil, City Engineer, stated this issue should be brought up before the Route 30 Task Force, which will be meeting on November 12. He stated he will still be happy to meet with Mr. Hartin. City Council Minutes October 2, 2002 Page 3 C5. Carol Douglas stated she wanted to update the Council on the Upland Colonies project. She stated there has been nothing done to make the buffer any better for the Rancho Cucamonga residents. She stated that Upland has now added four more signs along the freeway so that there are now eight. A recess was taken at 8:08 p.m. The Council reconvened at 8:17 p.m. with all Councilmembers present. D. CONSENT CALENDAR D1. Approval of Minutes: September 4, 2002 D2. Approval of Warrants, Register September 6 through September 24, 2002, and Payroll ending September 12, 2002, for the total amount of $1,895,893.21. D3. 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. RESOLUTION NO. 02-260 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 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 D4. 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. RESOLUTION NO. 02-262 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 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 City Council Minutes October 2, 2002 Page 4 D5. 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. RESOLUTION NO. 02-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING TRACT MAP NUMBER 14496, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-265 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 D6. Approval of rvlap, 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. RESOLUTION NO. 02-266 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE D~STRICT NOS. 1 AND 7 FOR TRACT 14496-1 D7. 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. RESOLUTION NO. 02-268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING TRACT MAP NUMBER 15783 AND IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-269 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 City Council Minutes October 2, 2002 Page $ D8. 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. D9. Approval of Reimbursement Agreement for Base Line Frontage Improvements for Tract 16128, located on the north side of Base Line Road at San Carmela, submitted by DR Horton. RESOLUTION NO. 02-270 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 D10. Approval of a request to enter into a Termination Agreement (CO 02-107) for a Lease Agreement between the City of Rancho Cucamonga and AT&T Wireless Services for a Wireless Communication Facility at Heritage Park. Dll. Approval of a request to enter into a Lease Hold Agreement (CO 02-108) 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. D12. Approval to execute an agreement with Chaffey College Foundation (CO 02-109) to broadcast the Chaffey College Telethon on RCTV-3 October 11-13, 2002. D13. Approval to authorize staff to engage the services of AON Consulting (CO 02-110) to provide actuarial and consulting services and authorize the appropriation of $21,500 into Acct. No. 1001001- 5300. D14. Approval to increase the contract award with RMA Group (CO 02-111) related to Phase lA of CFD 2001-01 generally located nodh of Foothill Blvd., 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). D15. Approval of a Professional Services Contract (CO 02-112) 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 from fund balance in an amount to be determined by October 2, 2002. REMOVED FOR DISCUSSION. D16. Approval for the lease and installation of one (1) 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 Acct. 1025-001-5300. D17. Approval to release Maintenance Guarantee Bond for CUP 97-05, located on the northeast corner of Ninth Street and Vineyard Avenue, submitted by Searing Industries. D18. Approval to release Maintenance Guarantee Bond for CUP 98-17, located on the southwest corner of Hermosa Avenue and Arrow Route, submitted by Michael A. Biubribino. D19. Approval to 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. City Council Minutes October 2, 2002 Page 6 RESOLUTION NO. 02-271 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 D20. Approval to 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. RESOLUTION NO. 02-272 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 FORTHE WORK D21. Approval to 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, between Amethyst and Hellman Avenues RESOLUTION NO. 02-273 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 DISCUSSION OF ITEM D15. APPROVAL OF A PROFESSIONAL SERVICES CONTRACT (CO 02-112) 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 FROM FUND BALANCE IN AN AMOUNT TO BE DETERMINED BY OCTOBER 2, 2002. Staff report presented by Joe O'Neil, City Engineer. MOTION: Moved by Dutton, seconded by Williams to approve item D15. Motion carried unanimously 5- 0. MOTION: Moved by Curatalo, seconded by Biane to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No Items Submitted. City Council Minutes October 2, 2002 Page ? F. ADVERTISED PUBLIC HEARINGS Fl. 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, 2002, 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 report presented by Tom Grahn, Principal Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 688. ORDINANCE NO. 688 (first reading) 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 MOTION: Moved by Curatalo, seconded by Williams to waive full reading and set second reading of Ordinance No. 688 for the October 16, 2002 meeting. Motion carried unanimously 5-0. F2. 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. Staff report presented by Tom Grahn, Principal Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 689. Councilmember Dutton stated this is a good idea, but hates to see these dollars spent on this instead of redevelopment projects. He felt the state was forcing this on the City. Councilmember Williams stated local control is being taken away from cities. She stated she did not agree with this, but added there could be a lawsuit against the City if we don't comply with certain regulations. City Council Minutes October 2, 2002 Page 8 ORDINANCE NO. 689 (first reading) 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 MOTION: Moved by Biane, seconded by Grace to waive full reading and set second reading of Ordinance No. 689 for the October 16, 2002 meeting. Motion carried unanimously 5-0. F3. 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, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. Staff report presented by Brent LeCount, Principal Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Chuck Buquet, Charles Joseph Associates, stated he had delivered materials to the Council about KISCO. He stated this is a high quality project and felt it is a perfect mix for this area. He also talked about the reputation of KISCO stating they are the Nordstrom of Senior Housing. He stated he wanted to clarify the parking situation and added the parking was not going to be reduced, and would not jeopardize the project. He stated it is still greater than what the City requires for this type of project. There being no further comments, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 690. ORDINANCE NO. 690 (first reading) 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 MOTION: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 690 for the October 16, 2002 meeting. Motion carried unanimously 5-0. City Council Minutes October 2, 2002 Page 9 G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. 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. Staff report presented by Dave Moore, Recreation Superintendent. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Dianna Lee-Mitchell thanked the City Council for this program. Don Carroll, President of the VIP Club, thanked the Council for their help and assistance. MOTION: Moved by Williams, seconded by Curatalo to approve the budget appropriation as indicated in staff's recommendation. Motion carried unanimously 5-0. Councilmember Dutton added this is a great program and stated the operational costs are paid by the YMCA. I. COUNCIL BUSINESS I1. LEGISLATIVE UPDATE (Oral) Councilmember Williams reported on Proposition 40, Park Bond Act, stating it was recently signed. She stated the Rancho Cucamonga Redevelopment Agency was hit with a $1.4 million loss from the State. She mentioned libraries were also hit and that our Library lost $105,000. She repoded that VLF is still in limbo at this time, but added it would be horrible if the City loses this money. 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. City Council Minutes October 2, 2002 Page l0 L. ADJOURNMENT MOTION: Moved by Dutton, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:55 p.m. Respectfully submitted, Debra J. Adams, CMC, City Clerk Approved: * October 22, 2002 CITY OF RANCHO CUCAMONGA SPECIAL CITY COUNCIL MINUTES Regular Meetin.q A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Tuesday, October 22, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the special meeting to order at 7:06 p.m. Present were Councilmembers: Grace Curatalo, Diane Williams and Mayor William J. Alexander. Absent were Councilmembers: Paul Biane and Bob Dutton. Also present were: Jack Lam, City Manager; Bill Curley, Assistant City Attorney; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Michael Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Buller, City Planner; John Thomas, Acting Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcements/presentations were made. C. COMMUNICATIONS FROM THE PUBLIC C1. Jim Frost talked about the Veteran's Day celebration to be held on November 10 at 3:30 p.m. at Alta Loma High School. He stated Harry Coury, who was held captive by the Japanese for several years, would be speaking at this event. D. CONSENT CALENDAR D1. Approval of Minutes: August 7, 2002 D2. Approval of Warrants, Register September 24 through October 8, 2002, and Payroll ending September 22, 2002, for the total amount of $4,586,121.89. D3. Approve to receive and file current Investment Schedule as of September 30, 2002. D4. Approval of a Resolution authorizing a Bicycle Transportation Account Grant Application for funding of the Pacific Electric Inland Empire Trail Project. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. Special City Council Minutes October 22, 2002 Page :~ RESOLUTION NO. 02-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING GRANT APPLICATION FOR THE CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT (BTA) PROGRAM FUNDING FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL PROJECT PHASE III SEGMENT BETWEEN BASE LINE ROAD AND AMETHYST STREET D5. Approval to appropriate $51,000 to Acct. No. 1366702-5603, $19,750 to Acct. No. 1366702-5605, and $23,100 to Acct. No. 1366702-5200 for law enforcement equipment purchases previously approved by Council. D6. Approval to authorize the execution of the user agreement (CO 02-114) with Metropolitan Water District regarding the use of their licensed data. D7. Approval to execute Agreements for Banking Services with Bank of America (CO 02-115) and Third-Party Custody Services with Bank of New York (CO 02-116) pursuant to Requests for Proposals Nos. 01/02-206 and 01/02-209. D8. Approval to execute two System Impact Study Agreements and two Facilities Study Agreements with Southern California Edison (CO 02-117, 02-118, 02-119 & 02-120) in connection with the City of Rancho Cucamonga's previously filed Wholesale Distribution Access Tariff Application, and approval of an appropriation of $31,624 to Acct. No. 10163015200 and an appropriation of $10,500 to Acct. No. 10163015300 from the Community Development Technical Services Reserves fund for required study deposits and consulting services related to the City's Victoria Arbors Municipal Utility Project. D9. Approval of single source vendor selection for the rental of classrooms, play areas and utilities for City Playschool Classes in the amount not to exceed $20,000 from Account No. 12504015300. D10. Approval of a Letter of Support for Cucamonga County Water District's (CCWD) efforts to obtain support for wastewater reclamation plants. Dll. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Milliken Avenue/Wilson Avenue Extension, Milliken Avenue from 1380' north of Banyan Avenue and Wilson Avenue from Day Creek Channel to Milliken Avenue to be funded from Account No. 11763035650/1448176-0 (Measure "1" Funds). RESOLUTION NO. 02-275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MILLIKEN AVENUE/WILSON AVENUE EXTENSION, MILLIKEN AVENUE FROM 1380' NORTH OF BANYAN AVENUE TO WILSON AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D12. Approval of Improvement Agreement, Improvement Security and Ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for CUP 99-52, located on the north side of 19th Street, west of Hellman Avenue, submitted by International Church of the Foursquare Gospel. Special City Council Minutes October 22, 2002 Page 3 RESOLUTION NO. 02-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 99-52 RESOLUTION NO. 02-277 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 CUP 99-52 D13. Approval to accept improvements, release the Faithful Performance Bond and file a Notice of Completion for the improvements for Tracts 15947 and 15948, submitted by WL Homes LLC dba John Laing Homes, located on the southwest corner of Base Line Road and Etiwanda Avenue. RESOLUTION NO. 02-278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15947 AND 15948 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D14. Approval of Improvement Agreement and Improvement Security for Day Creek Boulevard traffic signals at Vintage Drive, Banyan Street and Wilson Avenue, submitted by Rancho Etiwanda 685 LLC. RESOLUTION NO. 02-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DAY CREEK BOULEVARD TRAFFIC SIGNALS AT VINTAGE DRIVE, BANYAN STREET AND WILSON AVENUE D15. Approval to release Maintenance Guarantee Bonds for the following developments: tract 13566, - 1, -2 and -3, Tract 14072, Tract 14534-1 and -2, Tract 13564-1, Tract 14410, Tract 13565-9, Tract 15797, Tract 15796 and -1, Tract 14379, Tract 14262, Tract 15725, Tract 14803, Parcel Map 15155, Parcel Map 15029, DR 97-02, DR 97-43 and CUP 99-10, CUP 95-20, CUP 98-30, CUP 97-05, at various locations. D16. Approval to release Maintenance Guarantee Bond No. 005SB 103358414 BCM in the amount of $53,829.12, for the FY 2000/2001 Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal Coat) Various Locations, Contract No. 01-038. D17. Approval to release Maintenance Guarantee Bond No. 6069701 in the amount of $7,885.61, for the Terra Vista Parkway Pavement Rehabilitation from Church Street to Spruce Avenue, Contract No. 01-036. D18. Approval to accept Maintenance Bond Number 817833S from LDC Cougar, LLC, and release Maintenance Guarantee Bond No. 72BCSB7340 for Parcel Map 15349, located on the northeast corner of Milliken Avenue and Church Street, submitted by LAACO Limited. DISCUSSION OF ITEM 4. APPROVAL OF A RESOLUTION AUTHORIZING A BICYCLE TRANSPORTATION ACCOUNT GRANT APPLICATION FOR FUNDING OF THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL PROJECT. Special City Council Minutes October 22, 2002 Page 4 Councilmember Williams stated she felt this was very impodant and felt it should be mentioned at this meeting. MOTION: Moved by Williams, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar including item D4. Motion carried unanimously 3-0-2 (Biane and Dutton absent). E. CONSENT ORDINANCES El. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449 - CITY OF RANCHO CUCArvlONGA - 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 Repod (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. Debra J. Adams, City Clerk, read the title of Ordinance No. 688. ORDINANCE NO. 688 (second reading) 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 E2. 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. Debra J. Adams, City Clerk, read the title of Ordinance No. 689. ORDINANCE NO. 689 (second reading) 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 Special City Council Minutes October 22, 2002 Page $ E3. 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, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. Debra J. Adams, City Clerk, read the title of Ordinance No. 690. ORDINANCE NO. 690 (second reading) 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 IN SUPPORT THEREOF MOTION: Moved by Curatalo, seconded by Williams to waive full reading and approve Ordinance Nos. 688, 689 and 690. Motion carried 3-0-2 (Biane and Dutton absent). F. ADVERTISED PUBLIC HEARINGS No items submitted. G. PUBLIC HEARINGS No items submitted. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $500,000.00 AWARDED BY THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, INTO ACCT. NO. 1369000-4740, AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $200,000 TO ACCT. NO. 1369701-5300 TO FUND THE HIRING OF FOUR FULL-TIME OFFICERS IN NOVEMBER 2002 Staff report presented by Captain Pete Ortiz, Police Department. Jack Lam, City Manager, stated the City applies for grant funding whenever they can because there is an identified need for more police officers with the City continuing to grow. He added this is an opportunity to have federal funding assist in providing additional police protection for the City for three years. Councilmember Curatalo felt this was a wonderful thing and was very happy about it. Special City Council Minutes October 22, 2002 Page 6 Councilmember Williams asked what specialized training a SRO would have above and beyond a regular officer. Captain Ortiz stated they get a one-day orientation at the school and that they are also given orientation on the Clean Sweep program. Mayor Alexander felt this was great, but did not feel they should be used in an area that is really the responsibility of the school. He felt this was very important. MOTION: Moved by Williams, seconded by Curatalo to accept the grant revenue. Motion carried 3-0-2 (Biane and Dutton absent). I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 12. REPORT FROM THE SISTER CITIES TASK FORCE RECOMMENDING THAT THE CITY NOT PURSUE THE DEVELOPMENT OF A SISTER CITIES PROGRAM AT THIS TIME Staff report presented by Michelle Dawson, Management Analyst III. Mayor Alexander stated he didn't know why we couldn't look at something in Mexico in an impoverished area. Councilmember Williams stated she agreed, but didn't feel the City should get locked into a Sister City's group. She felt the City would be better off by working with a service club to help a City that is in need. She felt the brochure idea mentioned by Michelle Dawson would help publicize that the City of Rancho Cucamonga is willing to help. ACTION: Report received and filed. 13. UPDATE ON THE PROPOSED NEW SENIOR CENTER (Oral) Staff report given by Kevin McArdle, Community Services Director. He reported on the proposed Senior Center as it relates to the Central Park project. He mentioned the $40 million that the City received from the Park Bond Act. He commented on other various sources of money the City was given for this project. He added all of this will help to get Central Park started. He also talked about the design of the Senior Center. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. Special City Council Minutes October 22, 2002 Page ? K. COMMUNICATIONS FROM THE PUBLIC K1. Aubrey Campbell talked about the freeway signs and how the Council has helped him to make sure they are safe. He felt the signs on the 210 Freeway would be safe. K2. Maria Perez talked about problems she is having with the IRS. She asked that the City take her equity. She indicated she had been threatened. Mayor Alexander asked that Captain Ortiz of the Police Department talk to her to try and help her. L. ADJOURNMENT Assistant City Attorney Bill Curley stated a closed session is needed to be added to the agenda per Government Code Section 54956.9(bl ) regarding pending litigation - personnel matters. MOTION: Moved by Williams, seconded by Curatalo to add the closed session item. Motion carried unanimously 3-0-2 (Biane and Dutton absent). MOTION: Moved by Alexander, seconded by Williams to recess to a closed session and not to reconvene. Motion carried unanimously 3-0-2 (Biane and Dutton absent). The meeting recessed at 8:40 p.m. CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a special closed session on Tuesday, October 22, 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 7:45 p.m. by Mayor William J. Alexander. Present were Councilmembers: Grace Curatalo, Diane Williams and Mayor William J. Alexander. Absent were Councilmembers: Paul Biane and Bob Dutton Also present were: Jack Lam, City Manager; and Bill Curley, Assistant City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session item that had been added by unanimous vote during the Council meeting. B1. ADDED ITEM - CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b1) -- PERSONNEL MATTERS. Speciat City Council Minutes October 22, 2002 Page 8 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 7:50 p.m. E. ADJOURNMENT The closed session adjourned at 8:20 p.m. No action was taken in closed session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 422.00 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 407.50 AP- 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 422.00 AP- 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 137.55 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 42.00 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 305.60 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 318.15 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 294.00 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 294.00 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 57.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 57.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 64.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 64.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 64.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 407.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 407.50 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189202' 10/9/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189202 10/9/2002 INLAND VALLEY DALLY BULLETIN 77.40 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 135.45 AP- 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 257.25 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 161.70 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 139.65 AP - 00189202 10/9/2002 INLAND VALLEY DAILY BULLETIN 79.80 AP- 00189203 10/9/2002 3M COMPANY 1,010.00 AP - 00189204 10/9/2002 A AND A AUTOMOTIVE 162.41 AP - 00189204 10/9/2002 A AND A AUTOMOTIVE 50.00 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 420.43 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 574.54 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 589.69 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 47.40 AP 00189205 10/9/2002 AAND RTIRE SERVICE 1,065.59 AP 00189205 10/9/2002 AAND RTIRE SERVICE 31.60 AP 00189205 10/9/2002 A AND R TIRE SERVICE 11.69 AP 00189205 10/9/2002 A AND RTIRE SERVICE 564.19 AP 00189205 10/9/2002 A AND R TIRE SERVICE 11.69 AP 00189205 10/9/2002 A AND RTIRE SERVICE 698.37 AP 00189205 10/9/2002 A AND R TIRE SERVICE 55.23 AP 00189205 10/9/2002 AANDRTIRE SERVICE 371.39 AP 00189205 10/9/2002 AAND RTIRE SERVICE 29.27 AP 00189205 10/9/2002 AANDRTIRE SERVICE 29.27 AP 00189205 10/9/2002 AAND RTIRE SERVICE 243.05 AP 00189205 10/9/2002 A AND R TIRE SERVICE 241.75 AP 00189205 10/9/2002 A AND RTIRE SERVICE 29.27 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 85.27 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 581.04 AP - 00189205 10/9/2002 A AND R TIRE SERVICE 419.61 AP - 00189206 10/9/2002 A G ELECTRIC CAR SPECIALISTS 720.25 AP - 00189207 10/9/2002 AA EQUIPMENT RENTALS CO INC 177.53 AP- 00189207 10/9/2002 AA EQUIPMENT RENTALS CO INC 165.87 AP - 00189207 10/9/2002 AA EQUIPMENT RENTALS CO INC 41.77 AP - 00189207 10/9/2002 AA EQUIPMENT RENTALS CO INC 26.18 User: ahunsber - Ann Hunsberger Page: I Current Date: 10/30/2 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP 00189208 10/9/2002 ABC LOCKSMITHS 216.04 AP 00189208 10/9/2002 ABC LOCKSMITHS 5.93 AP 00189208 10/9/2002 ABC LOCKSMITHS 411.07 AP 00189208 10/9/2002 ABC LOCKSMITHS 87.82 AP 00189209 10/9/2002 ABLAC 294.06 AP 00189210 10/9/2002 ABLETRONICS 241.14 AP 00189210 10/9/2002 ABLETRONICS 22.29 AP - 00189211 10/9/2002 ACCURATE SMOG AUTO AND TRUCK 259.22 AP - 00189212 10/9/2002 AEF SYSTEMS CONSULTING INC 1,100.00 AP - 00189212 10/9/2002 AEF SYSTEMS CONSULTING INC 525.00 AP- 00189212 10/9/2002 AEF SYSTEMS CONSULTING INC 1,050.00 AP- 00189212 10/9/2002 AEF SYSTEMS CONSULTING INC 3,850.00 AP- 00189213 10/9/2002 AGUIRRE, MARICELA 44.00 AP- 00189214 10/9/2002 ALL AIR APPLIANCE MASTERS 139.50 AP- 00189215 10/9/2002 ALLEN, SYLVESTERR 194.94 AP-00189216 10/9/2002 ALPHAGRAPHICS 33.08 AP - 00189217 10/9/2002 ALTA LOMA CHARTER LINES 465.10 AP - 00189218 10/9/2002 ALTA LOMA PSYCHOLOGICAL ASSOCIATES 950.00 AP- 00189218 10/9/2002 ALTA LOMA PSYCHOLOGICAL ASSOCIATES 2,750.00 AP-00189219 10/9/2002 AMAZON.COMCREDIT 106.00 AP - 00189220 10/9/2002 AMAZON.COM CREDIT 226.08 AP - 00189221 10/9/2002 AMERICAN PLUMBING PARTSMASTER INC 73.72 AP - 00189222 10/9/2002 AMERICAN YOUTH SOCCER ORGANIZATION 200.00 AP- 00189223 10/9/2002 AMTECH ELEVATOR SERVICES 187.00 AP- 00189223 10/9/2002 AMTECH ELEVATOR SERVICES 187.39 AP- 00189224 10/9/2002 ARBOR NURSERY INC 980.53 AP - 00189225 10/9/2002 ARCHITERRA DESIGN GROUP 31.91 AP - 00189226 10/9/2002 ARREOLA, ARTURO 40.00 AP-00189227 10/9/2002 ASSE 155.00 AP - 00189228 10/9/2002 ATKINSON BAKER INC 131.00 AP- 00189229 10/9/2002 ATOMICBOX INC 26.81 AP- 00189230 10/9/2002 AUFBAU CORPORATION 14,948.00 AP- 00189231 10/9/2002 B AND K ELECTRIC WHOLESALE 554.14 AP - 00189231 10/9/2002 13 AND K ELECTRIC WHOLESALE 371.74 AP - 00189231 10/9/2002 B AND K ELECTRIC WHOLESALE 222.75 AP- 00189232 10/9/2002 BAIG, KAUSER 3.80 AP- 00189233 10/9/2002 BARNES AND NOBLE 169.94 AP - 00189234 10/9/2002 BASELINE TRUE VALUE HARDWARE 13.34 AP- 00189235 10/9/2002 BIRDWELL, CHRISTINA 53.00 AP - 00189236 10/9/2002 BORDNER, MARGIE 300.00 AP- 00189237 10/9/2002 BRUNSON, DIANE 200.00 AP - 00189238 10/9/2002 BUCKNAM AND ASSOCIATES 4,721.95 AP- 00189238 10/9/2002 BUCKNAM AND ASSOCIATES 2,793.00 AP-00189239 10/9/2002 BURTON, L1NDA 30.00 AP - 00189240 10/9/2002 BUSINESS AND LEGAL REPORTS INC 270.17 AP- 00189241 10/9/2002 CAL PERS LONG TERM CARE 259.38 AP-00189242 10/9/2002 CALSENSE 382.52 AP - 00189242 10/9/2002 CALSENSE 466.11 AP- 00189242 10/9/2002 CALSENSE 355.39 AP- 00189243 10/9/2002 CAMERON WELDING SUPPLY 161.19 AP- 00189244 10/9/2002 CANNON, JOHN 36.87 AP- 00189245 10/9/2002 CARRASCO, CATHY 48.00 AP- 00189246 10/9/2002 CARTERAND BURGESS 4,200.00 AP- 00189246 10/9/2002 CARTERAND BURGESS 917.33 User: ahunsber ~ Ann Hunsberger Page: 2 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP ~ 00189247 10/9/2002 CENTRALDIVIS1ON 359.72 AP - 00189248 10/9/2002 CHAMPION AWARDS AND SPECIALIES 25.86 AP- 00189249 10/9/2002 CITRUS MOTORS ONTARIO INC 82.70 AP - 00189250 10/9/2002 CIVIC SOLUTIONS 7,164.00 AP- 00189251 10/9/2002 COLOMBERO, GARY 60.00 AP- 00189252 10/9/2002 CONCANNON, SHARI 149.50 AP- 00189253 10/9/2002 COTTON BRIDGES ASSOCIATES 3,046.00 AP- 00189254 10/9/2002 COURT TRUSTEE 200.00 AP- 00189255 10/9/2002 COURT TRUSTEE 118.50 AP - 00189256 10/9/2002 CREASON AND AARVIG LLP 2,500.00 AP - 00189257 10/9/2002 CROOK, CATHERINE 30.00 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 1,782.27 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 31.12 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 594.32 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 38.18 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 73.60 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 377.19 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 55.20 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 394.50 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 624.19 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 373.23 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 2,213.13 AP ~ 00189258 10/9/2002 CUCAMONGA CO WATER DIST 145.94 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 549.36 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 201.22 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 4,814.00 AP- 00189258 10/9/2002 CUCAMONGA CO WATER DIST 76.58 AP - 00189258 10/9/2002 CUCAMONGA CO WATER DIST 117.43 AP ~ 00189258 10/9/2002 CUCAMONGA CO WATER DIST 115.58 AP - 00189259 10/9/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 1,365.00 AP- 00189260 10/9/2002 D 3 EQUIPMENT 105.48 AP - 00189261 10/9/2002 D A L SAFETY CONSULTANTS 690.00 AP - 00189262 10/9/2002 D A R E AMERICA 1,335.00 AP - 00189263 10/9/2002 D AND K CONCRETE COMPANY 687.45 AP - 00189264 10/9/2002 DAN GUERRA AND ASSOCIATES 3,425.00 AP - 00189265 10/9/2002 DEER CREEK CAR CARE CENTER 380.50 AP - 00189266 10/9/2002 DIALCO, FATOY 200.00 AP- 00189267 10/9/2002 DICK, ERIC 320.00 AP - 00189268 10/9/2002 DICKEY, MARTIN 250.00 AP- 00189269 10/9/2002 DIVERSIFIED ADVERTISING NOVELTIES 5,624.32 AP- 00189270 10/9/2002 DUNN EDWARDS CORPORATION 143.32 AP 00189270 10/9/2002 DUNNEDWARDS CORPORATION 1.26 AP 00189270 10/9/2002 DUNN EDWARDS CORPORATION 385.51 AP 00189271 10/9/2002 DYNASTY SCREEN PPdNTING 1,972.96 AP 00189272 10/9/2002 EASTER, PAMELA 102.93 AP 00189273 10/9/2002 EWlNG IRRIGATION PRODUCTS 223.50 AP 00189273 10/9/2002 EWlNG IRRIGATION PRODUCTS 23.35 AP 00189273 10/9/2002 EW1NG IRRIGAT1ONPRODUCTS 166.22 AP- 00189273 10/9/2002 EWlNG IRRIGATION PRODUCTS 307.70 AP- 00189273 10/9/2002 EWlNG IRRIGATION PRODUCTS 72.90 AP- 00189273 10/9/2002 EWING IRRIGATION PRODUCTS 353.45 AP- 00189273 10/9/2002 EWlNG IRRIGATION PRODUCTS 1,042.11 AP - 00189273 10/9/2002 EWlNG IRRIGATION PRODUCTS 124.70 AP- 00189273 10/9/2002 EWING IRRIGATION PRODUCTS 367.50 User: ahunsber - Ann Hunsberger Page: 3 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Re~ister 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189273 10/9/2002 EWING IRRIGATION PRODUCTS 363.32 AP - 00189274 10/9/2002 EXCLUSIVE EMAGES 28.01 AP - 00189275 10/9/2002 FEDERAL EXPRESS CORP 18.11 AP- 00189275 10/9/2002 FEDERAL EXPRESS CORP 32.37 AP- 00189275 10/9/2002 FEDERAL EXPRESS CORP 32.37 AP- 00189275 10/9/2002 FEDERAL EXPRESS CORP 12.23 AP- 00189275 10/9/2002 FEDERAL EXPRESS CORP 16.35 AP- 00189276 10/9/2002 FINESSE PERSONNEL ASSOCIATES 680.00 AP- 00189276 10/9/2002 FINESSE PERSONNEL ASSOCIATES 588.80 AP- 00189277 10/9/2002 FIRST PLACE TROPHIES 15.09 AP- 00189278 10/9/2002 FOOTHILL FAMILY SHELTER 250.00 AP- 00189279 10/9/2002 FOOTHILL PROFESSIONAL 100.00 AP- 00189280 10/9/2002 FRANKLIN COVEY CO 105.16 AP- 00189280 10/9/2002 FRANKLIN COVEY CO 33.57 AP - 00189280 10/9/2002 FRANKLIN COVEY CO 71.20 AP- 00189281 10/9/2002 FUKUSHIMA, JUDITH 1,380.00 AP - 00189282 10/9/2002 GALE GROUP,THE 69.65 AP - 00189283 10/9/2002 GARAY, KAREN 10.00 AP - 00189284 10/9/2002 GARCIA, MAX 40.00 AP - 00189284 10/9/2002 GARCIA, MAX 5.00 AP- 00189285 10/9/2002 GEMBELLA, LORI 75.00 AP- 00189286 10/9/2002 GONSALVES AND SON,JOE A 2,500.00 AP- 00189287 10/9/2002 GOVDOCS.COM 19.99 AP- 00189288 10/9/2002 GRAHAM, JAMEE 187.45 AP- 00189289 10/9/2002 GRAINGER, WW 45.86 AP - 00189290 10/9/2002 GREEN ROCK POWER EQUIPMENT 226.62 AP- 00189290 10/9/2002 GREEN ROCK POWER EQUIPMENT 20.04 AP - 00189290 10/9/2002 GREEN ROCK POWER EQUIPMENT 48.41 AP - 00189291 10/9/2002 GROVES DICTIONARIES 1NC 1,608.75 AP-00189292 10/9/2002 GRUSMAN, ANDREW 146.23 AP - 00189293 10/9/2002 HAAKER EQUIPMENT CO 118.14 AP- 00189294 10/9/2002 HARDY, BRADLEY 260.50 AP - 00189295 10/9/2002 HELMS, PIPERLXFNN 63.00 AP- 00189296 10/9/2002 HOLLIDAY ROCK CO INC 30.94 AP - 00189296 10/9/2002 HOLLIDAY ROCK CO INC 45.00 AP- 00189296 10/9/2002 HOLLIDAY ROCK CO INC 100.28 AP - 00189296 10/9/2002 HOLLIDAY ROCK CO 1NC 189.37 AP - 00189296 10/9/2002 HOLLIDAY ROCK CO 1NC 365.80 AP - 00189296 10/9/2002 HOLLIDAY ROCK CO INC 314.10 AP- 00189297 10/9/2002 HOMELESS OUTREACH PRGMS AND EDUCATI( 224.00 AP - 00189297 10/9/2002 HOMELESS OUTREACH PRGMS AND EDUCATI( 264.00 AP- 00189298 10/9/2002 HOSE MAN INC 50.43 AP- 00189299 10/9/2002 HOUSE OF RUTH 633.00 AP- 00189300 10/9/2002 HUNTOON, LAURIE 23.00 AP- 00189300 10/9/2002 HUNTOON, LAURIE 37.00 AP- 00189301 10/9/2002 HURST, CHERYL 313.50 AP 00189302 10/9/2002 HYDROSCAPEPRODUCTSINC 16.91 AP 00189302 10/9/2002 HYDROSCAPEPRODUCTS1NC 925.52 AP 00189302 10/9/2002 HYDROSCAPEPRODUCTSINC 502.88 AP 00189302 10/9/2002 HYDROSCAPEPRODUCTSINC 319.29 AP 00189303 10/9/2002 ICI DULUX PAINT CENTERS 175.88 AP 00189304 10/9/2002 IDBURR 43.05 AP - 00189305 10/9/2002 INDUSTRIAL DISTRIBUTION GROUP 197.32 AP- 00189305 10/9/2002 INDUSTRIAL DISTRIBUTION GROUP 31.28 User: ahunsber - Ann Hnnsberger Page: 4 Current Date: 10/30/7, Report:CK_AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Porixait Layout Time: 08:2. - CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189306 10/9/2002 INLAND INDUSTRIAL MEDICAL GROUP 114.05 AP - 00189306 10/9/2002 INLAND INDUSTRIAL MEDICAL GROUP 114.00 AP - 00189306 10/9/2002 INLAND INDUSTRIAL MEDICAL GROUP 111.12 AP - 00189306 10/9/2002 INLAND INDUSTRIAL MEDICAL GROUP 1,631.00 AP - 00189307 10/9/2002 INLAND WHOLESALE NURSERY 86.79 AP- 00189308 10/9/2002 INTELLI TECH 98.25 AP - 00189309 10/9/2002 INTRAVAIA ROCK AND SAND 60.00 AP - 00189310 10/9/2002 JACOBSEN DIVISION OF TEXTRON INC 145.61 AP - 00189310 10/9/2002 JACOBSEN DIVISION OF TEXTRON INC -85.23 AP - 00189310 10/9/2002 JACOBSEN DIVISION OF TEXTRON INC 65.59 AP - 00189310 10/9/2002 JACOBSEN DIVISION OF TEXTRON INC 140.67 AP - 00189311 10/9/2002 JANECK, L1NDA 6.99 AP - 00189312 10/9/2002 JONES AND MAYER, LAW OFFICES OF 1,282.56 AP- 00189313 10/9/2002 KEEN, KEITH 11.00 AP - 00189314 10/9/2002 KIMLEY HORN AND ASSOCIATES 5,040.00 AP- 00189315 10/9/2002 KIN'NICK, JOSH 30.00 AP - 00189316 10/9/2002 LANCE SOLL AND LUNGHARD 11,050.00 AP- 00189317 10/9/2002 LAWSON PRODUCTS INC 358.52 AP- 00189317 10/9/2002 LAWSON PRODUCTS INC 228.04 AP- 00189317 10/9/2002 LAWSON PRODUCTS INC 202.19 AP - 00189318 t0/9/2002 LEAGUE OF CALIFORNIA CITIES 250.00 AP- 00189319 10/9/2002 LIFE ASSIST 390.93 AP- 00189320 10/9/2002 LOGUE, SALLY 20.00 AP 00189321 10/9/2002 LOS ANGELES TIMES 38.80 AP 00189321 10/9/2002 LOS ANGELES TIMES 38.80 AP 00189322 10/9/2002 LOWER, DARLENE 251.00 AP 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT 1NC 2,749.92 AP 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 3,301.44 AP 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT 1NC 5,905.00 AP 00189323 10/9/2002 MARIPOSA HORTICULTURALENTINC 2,516.28 AP 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 4,521.73 AP - 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 10,539.52 AP - 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 264.57 AP ~ 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 1,085.52 AP - 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 6,770.02 AP - 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 1,603.86 AP - 00189323 10/9/2002 MARIPOSA HORTICULTURAL ENT INC 33.86 AP- 00189324 10/9/2002 MARKETING SERVICES INTL 8.18 AP - 00189325 10/9/2002 MARKS, LISA 10.00 AP - 00189326 10/9/2002 MARRIOTT LA JOLLA 209.00 AP - 00189327 10/9/2002 MARSHALL PLUMB1NG 171.50 AP- 00189327 10/9/2002 MARSHALL PLUMBING 70.98 AP- 00189327 10/9/2002 MARSHALL PLUMBING 77.00 AP- 00189327 10/9/2002 MARSHALL PLUMBING 79.25 AP- 00189328 10/9/2002 MC CLUNG, NICOLE 83.68 AP - 00189329 10/9/2002 MEGA WAY ENTERPRISES 31,216.78 AP- 00189330 10/9/2002 MELIKIDSE, ERIN 169.05 AP- 00189330 10/9/2002 MELIKIDSE, ERIN 5.00 AP~00189331 10/9/2002 MONTOYA, MICHELLE 35.00 AP- 00189332 10/9/2002 MOORE, DAVID 250.00 AP - 00189333 10/9/2002 MOUNTAIN VIEW GLASS AND MIRROR 275.20 AP - 00189334 10/9/2002 MSDS ONLINE 329.00 AP - 00189335 10/9/2002 MT BALDY UNITED WAY 40.00 AP - 00189336 10/9/2002 N M A DUES C/O NAOMI ROBERTS 13.85 User: ahunsber - Ann Hunsberger Page: 5 Current Date: 10/30/5 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ~ 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189337 10/9/2002 NAPA AUTO PARTS 18.88 AP - 00189337 10/9/2002 NAPA AUTO PARTS 44.01 AP - 00189337 10/9/2002 NAPA AUTO PARTS 244.88 AP - 00189337 10/9/2002 NAPA AUTO PARTS 105.65 AP - 00189337 10/9/2002 NAPA AUTO PARTS 133.05 AP- 00189337 10/9/2002 NAPA AUTO PARTS 297.92 AP- 00189338 10/9/2002 NATIONAL DEFERRED 25,324.97 AP - 00189339 10/9/2002 NATIONS RENT 16. t7 AP - 00189339 10/9/2002 NATIONS RENT 331.41 AP- 00189339 10/9/2002 NATIONS RENT 86.20 AP - 00189340 10/9/2002 NEC BUSINESS NETWORK SOLUTIONS INC 300.00 AP- 00189341 10/9/2002 NEW WEST SIGNAL 2,182.05 AP- 00189342 10/9/2002 OAXACA, ELVIA 144.65 AP - 00189343 10/9/2002 OFFICE DEPOT 304.39 AP- 00189343 10/9/2002 OFFICE DEPOT 46.25 AP- 00189343 10/9/2002 OFFICE DEPOT 50.21 AP-00189343 10/9/2002 OFFICE DEPOT 430.99 AP- 00189343 10/9/2002 OFFICE DEPOT 5.30 AP-00189343 10/9/2002 OFFICE DEPOT 35.88 AP-00189343 10/9/2002 OFFICE DEPOT 4.55 AP-00189343 10/9/2002 OFFICE DEPOT 29.97 AP- 00189343 10/9/2002 OFFICE DEPOT -39.52 AP- 00189343 10/9/2002 OFFICE DEPOT 243.26 AP-00189343 10/9/2002 OFFICE DEPOT 20.89 AP- 00189343 10/9/2002 OFFICE DEPOT 14.78 AP- 00189343 10/9/2002 OFFICE DEPOT 7.43 AP-00189343 10/9/2002 OFFICE DEPOT 295.72 AP - 00189343 10/9/2002 OFFICE DEPOT 116.41 AP- 00189343 10/9/2002 OFFICE DEPOT 150.23 AP-00189343 10/9/2002 OFFICE DEPOT 7.15 AP 00189343 10/9/2002 OFFICE DEPOT 144.58 AP 00189343 10/9/2002 OFFICE DEPOT 109.07 AP 00189343 10/9/2002 OFFICE DEPOT 43.18 AP 00189343 10/9/2002 OFFICE DEPOT -179.02 AP 00189343 10/9/2002 OFFICE DEPOT 1.63 AP 00189343 10/9/2002 OFFICE DEPOT 17.23 AP 00189343 10/9/2002 OFFICE DEPOT 51.85 AP 00189343 10/9/2002 OFFICE DEPOT 1,422.96 AP 00189343 10/9/2002 OFFICE DEPOT 287.22 AP 00189343 10/9/2002 OFFICE DEPOT 8.21 AP 00189343 10/9/2002 OFFICE DEPOT 38.59 AP-00189343 10/9/2002 OFFICE DEPOT 57.12 AP-00189343 10/9/2002 OFFICE DEPOT 18.16 AP - 00189344 10/9/2002 OFFICE OF JUSTICE PROGRAMS OFFICE OF CO! 1,286.18 AP- 00189345 10/9/2002 OH,SHARON 87.50 AP-00189345 10/9/2002 OH,SHARON 70.00 AP - 00189346 10/9/2002 OHIO CHILD SUPPORT PAYMENT CENTRAL 77.35 AP - 00189347 10/9/2002 ORANGE COUNTY STRIPING SERVICE INC 9,584.81 AP - 00189348 10/9/2002 ORTIZ, DONNA 205.60 AP - 00189349 10/9/2002 OTT, LAURA 81.25 AP- 00189349 10/9/2002 OTT, LAURA 225.00 AP - 00189349 10/9/2002 OTT, LAURA 63.00 AP- 00189350 10/9/2002 OWEN ELECTRIC 1,879.25 AP - 00189350 10/9/2002 OWEN ELECTRIC 32.30 User: ahunsber - Ann Hunsberger Page: 6 Current Date: 10/30/5 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:, 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP 00189350 10/9/2002 OWEN ELECTRIC 207.25 AP 00189350 10/9/2002 OWEN ELECTRIC 207.25 AP 00189350 10/9/2002 OWEN ELECTRIC 300.13 AP 00189350 10/9/2002 OWEN ELECTRIC 53.66 AP 00189350 10/9/2002 OWEN ELECTRIC 26.57 AP 00189350 10/9/2002 OWEN ELECTRIC 46.84 AP 00189350 10/9/2002 OWEN ELECTRIC 114.43 AP 00189351 10/9/2002 PACIFIC EQU1P AND IRRIGATION INC 26.36 AP 00189352 10/9/2002 PETES ROAD SERVICE INC 90.00 AP 00189353 10/9/2002 PHOENIX GROUP INFORMATION SYSTEMS 396.15 AP 00189353 10/9/2002 PHOENIX GROUP INFORMATION SYSTEMS 303.18 AP 00189354 10/9/2002 POMA DISTRIBUT1NG CO 4,828.22 AP 00189354 10/9/2002 POMA DISTRIBUTING CO 476.99 AP 00189354 10/9/2002 POMA DISTRIBUT1NG CO 7,551.82 AP 00189354 10/9/2002 POMA DISTRIBUTING CO 7,745.86 AP 00189354 10/9/2002 POMA DISTRIBUTING CO 746.06 AP 00189354 10/9/2002 POMA DISTRIBUTING CO 4,952.27 AP 00189355 10/9/2002 POMONA INLAND VALLEY COUNCIL OF CHUR~ 776.25 AP 00189356 10/9/2002 POWERPLUS 40.00 AP 00189356 10/9/2002 POWERPLUS 40.00 AP 00189357 10/9/2002 PRINCIPAL LIFE 142,619.74 AP- 00189357 10/9/2002 PRINCIPAL LIFE 31,023.12 AP - 00189358 10/9/2002 PRUDENTIAL OVERALL SLrPpLY 7.00 AP - 00189359 10/9/2002 QUALITY ENGRAVING 56.00 AP- 00189360 10/9/2002 QUINTANA, ZITA 193.00 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 35.72 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 82.50 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 55.00 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 948.00 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP- 00189361 10/9/2002 R AND R AUTOMOTIVE 368.09 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP- 00189361 10/9/2002 R AND R AUTOMOTIVE 174.54 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 27.50 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 710.13 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 257.18 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 28.95 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 28.95 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 43.95 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 50.84 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 31.92 AP- 00189361 10/9/2002 R AND R AUTOMOTIVE 147.95 AP - 00189361 10/9/2002 R AND R AUTOMOTIVE 27.50 AP- 00189361 10/9/2002 R AND R AUTOMOTIVE 375.85 AP- 00189361 10/9/2002 R AND R AUTOMOTIVE 269.55 AP - 00189362 10/9/2002 R C HOMES LLC 722.77 AP - 00189362 10/9/2002 R C HOMES LLC 521.63 AP - 00189363 10/9/2002 R C HOMES LLC 919.97 AP- 00189363 10/9/2002 R C HOMES LLC 673.50 User: ahunsber - Ann Hunsberger Page: 7 Current Date: 10/30/5 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2~ 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP 00189364 10/9/2002 R C HOMES LLC 316.40 AP 00189365 10/9/2002 RADISSON HOTEL 293.70 AP 00189366 10/9/2002 RDOEQUIPMENTCOMPANY/POWERPLAN 638.06 AP 00189366 10/9/2002 RDO EQUIPMENT COMPANY/POWERPLAN -129.06 AP 00189367 10/9/2002 REALTY BANCORP EQUITIES 50.00 AP 00189368 10/9/2002 RED WING SHOE STORE 268.95 AP 00189368 10/9/2002 RED WING SHOE STORE 124.56 AP 00189369 10/9/2002 REGENTS UC 35.00 AP 00189370 10/9/2002 REINHARDTSEN, DEBRA 282.50 AP 00189371 10/9/2002 RIVERSIDE BLUEPRINT 110.55 AP 00189372 10/9/2002 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP 00189373 10/9/2002 RUSH, BILL 50.00 AP 00189374 10/9/2002 S C A C E O 500.00 AP 00189375 10/9/2002 SAFAVI, SARAH 360.85 AP 00189376 10/9/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 289.68 AP 00189377 10/9/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 220.00 AP 00189378 10/9/2002 SAN BERN COUNTY SHERIFFS 8,333.33 AP 00189378 10/9/2002 SAN BERN COUNTY SHERIFFS 15,320.83 AP - 00189378 10/9/2002 SAN BERN COUNTY SHERIFFS 1,011,140.67 AP- 00189378 10/9/2002 SAN BERN COUNTY SffERIFFS 23,704.17 AP - 00189379 10/9/2002 SAN BERNARD1NO ASSOCIATED GOVERNMEN' 5,000.00 AP - 00189380 10/9/2002 SAN DIEGO ROTARY BROOM CO INC 642.19 AP-00189381 10/9/2002 SCHIERING, CHRIS 10.00 AP- 00189382 10/9/2002 SEBBAS CHIROPRACTIC OFFICE 152.00 AP- 00189383 I0/9/2002 SENCHAL, CAL 75.00 AP- 00189383 10/9/2002 SENCHAL, CAL 84.00 AP-00189383 10/9/2002 SENCHAL, CAL 178.50 AP - 00189384 10/9/2002 SHIPMAN, JENNIE 10.00 AP- 00189385 10/9/2002 SHOETERIA IND INC 72.72 AP- 00189385 10/9/2002 SHOETERIA IND INC 2,013.32 AP- 00189385 10/9/2002 SHOETERIA IND 1NC 96.96 AP- 00189385 10/9/2002 SHOETERIA i-ND INC 135.75 AP- 00189386 10/9/2002 SILVER, EDNA 135.00 AP- 00189387 10/9/2002 SMITH, GWEN 10.00 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 117.74 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 60.70 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 115.94 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 80.74 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.52 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 96.48 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.12 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 21.12 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 29.87 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.55 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 152.34 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 41.35 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 19.31 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 92.16 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 84.18 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 124.41 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 158.09 User: ahunsber - Ann Hunsberger Page: 8 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 tkrough 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 123.83 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 132.75 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 96.68 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 119.25 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 167.83 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 125.19 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 78.18 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 2.96 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 97.11 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 37.02 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 43.39 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 19.93 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 19.32 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 45.17 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.92 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 8,707.12 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 189.15 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA ED1SON 969.32 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 72.99 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.66 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 28.03 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.07 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.75 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 14.58 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.75 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.75 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 15.35 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 24.26 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.36 User: ahnnsber - Ann Hunsberger Page: 9 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC ~ CK: Agenda Check Register Portrait Layout Time: 08:2. q CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.59 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.16 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00189390 t0/9/2002 SOUTHERN CALIFORNIA EDISON 45.91 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 110.42 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 59.42 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 2,114.97 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 56,507.49 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 3,404.03 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 563.42 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 800.48 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 198.33 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 7,193.84 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 47.36 AP 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 302.04 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 247.21 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 19.13 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 161.26 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 142.12 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 125.30 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 13.50 AP - 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 88.32 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 61.77 AP- 00189390 10/9/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00189391 10/9/2002 SOUTHERN CALIFORNIA EDISON 293.37 AP - 00189392 10/9/2002 SPECTRA COMPANY 695.00 AP - 00189392 10/9/2002 SPECTRA COMPANY 17,668.00 AP - 00189393 10/9/2002 STATE OF CALIFORNIA 240.00 AP- 00189394 10/9/2002 STATE OF CALIFORNIA 310.00 AP- 00189395 10/9/2002 STATE OF CALIFORNIA 40.00 AP- 00189396 10/9/2002 STATTON, DAVID 55.00 AP - 00189397 10/9/2002 STEELWORKERS OLDTIMERS FOUNDATION 708.33 AP- 00189397 10/9/2002 STEELWORKERS OLDTIMERS FOUNDATION 1,860.63 AP - 00189398 10/9/2002 STELLING, JOHN 30.00 AP- 00189399 10/9/2002 STERICYCLE INC 114.22 AP - 00189399 10/9/2002 STERICYCLE [NC 96.98 AP- 00189399 10/9/2002 STER1CYCLE [NC 96.98 AP- 00189399 10/9/2002 STERICYCLE INC 52.50 AP- 00189400 10/9/2002 STERLING COFFEE SERVICE 45.75 AP ~ 00189401 10/9/2002 STOFA, JOSEPH 25.00 AP - 00189402 10/9/2002 SUNRISE FORD 667.90 AP- 00189403 10/9/2002 TAGLE, ALESSANDRA 156.00 AP- 00189404 10/9/2002 THIENES ENGINEERING INC 190.00 AP- 00189405 10/9/2002 TILFORD, BRENDA 68.00 AP- 00189406 10/9/2002 TOOLS RUS 47.29 AP - 00189406 10/9/2002 TOOLS R US 283.75 AP- 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 53,996.90 User: ahunsber - Ann Hunsberger Page: 10 Current Date: 10/30/7, Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 11,503.50 AP- 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 2,466.86 AP- 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 14,022.91 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 6,890.00 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 7,927.50 AP- 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 8,315.00 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 5,065.91 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 3,169.44 AP- 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 109.95 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 466.73 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 1,133.00 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 222.40 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 11,902.25 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 1,786.66 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 47.13 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 14,247.58 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 20,307.97 AP- 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 1,981.62 AP - 00189407 10/9/2002 TRUGREEN LANDCARE REGIONAL 5,568.97 AP - 00189408 10/9/2002 UNIFIRST UNIFORM SERVICE 34.34 AP 00189408 10/9/2002 UNIFIRST UNIFORM SERVICE 20.58 AP 00189408 10/9/2002 UNIFIRST UNIFORM SERVICE 46.23 AP 00189408 10/9/2002 UNIFIRST UNIFORM SERVICE 186.12 AP 00189408 10/9/2002 UNIFIRST UNIFORM SERVICE 563.60 AP 00189408 10/9/2002 UNIFIRST UNIFORM SERVICE 204.26 AP 00189409 10/9/2002 UNION BANK OF CALIFORNIA 51,612.50 AP 00189410 10/9/2002 UNIQUE CREATIONS 328.10 AP 00189411 10/9/2002 UNITED PARCEL SERVICE 30.98 AP 00189412 10/9/2002 UNITED WAY 623.32 AP 00189414 10/9/2002 VERIZON CALIFORNIA 29.42 AP 00189414 10/9/2002 VERIZON CALIFORNIA 329.57 AP 00189414 10/9/2002 VEPdZONCALIFORNIA 31.82 AP 00189414 10/9/2002 VERIZONCALIFORNIA 84.47 AP 00189414 10/9/2002 VERIZONCALIFORN]A 92.84 AP 00189414 10/9/2002 VERIZONCALIFORNIA 56.04 AP 00189414 10/9/2002 VERIZONCALIFORNIA 29.15 AP 00189414 10/9/2002 VERIZONCALIFORNIA 48.05 AP 00189414 10/9/2002 VERIZON CALIFORNIA 48.05 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 466.78 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 474.17 AP-00189414 10/9/2002 VERIZON CALIFORNIA 582.57 AP-00189414 10/9/2002 VERIZONCALIFORNIA 77.89 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 373.37 AP- 00189414 10/9/2002 VER.IZON CALIFORNIA 28.14 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 423.80 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 89.59 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 29.65 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 28.22 AP-00189414 10/9/2002 VERIZON CALIFORNIA 91.00 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 92.80 AP-00189414 10/9/2002 VERIZONCALIFORNIA 27.72 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 31.33 AP- 00189414 10/9/2002 VERIZON CALIFORNIA 27.29 AP - 00189414 10/9/2002 VEPdZON CALIFORNIA 29.69 User: ahunsber - Ann Hunsberger Page: 11 Current Date: 10/30/5 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 08:2 II CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP 00189414 10/9/2002 VERIZON CALIFORNIA 424.96 AP 00189414 10/9/2002 VERIZON CALIFORNIA 384.20 AP 00189414 10/9/2002 VERIZON CALIFORNIA 89.59 AP 00189414 10/9/2002 VERIZONCALIFORNIA 90.99 AP 00189414 10/9/2002 VERIZON CALIFORNIA 90.99 AP 00189414 10/9/2002 VERIZON CALIFORNIA 92.80 AP 00189414 10/9/2002 VERIZON CALIFORNIA 43.36 AP 00189414 10/9/2002 VERIZON CALIFORNIA 89.59 AP 00189414 10/9/2002 VERIZONCALIFORNIA 90.99 AP 00189414 10/9/2002 VERIZON CALIFORNIA 33.91 AP 00189414 10/9/2002 VERIZONCALIFORNIA 77.66 AP 00189414 10/9/2002 VERIZON CALIFORNIA 87.40 AP 00189414 10/9/2002 VERIZON CALIFORNIA 27.08 AP 00189414 10/9/2002 VERIZONCALIFORNIA 29.31 AP 00189414 10/9/2002 VERIZONCALIFORNIA 27.50 AP 00189414 10/9/2002 VERIZON CALIFORNIA 42.80 AP 00189414 10/9/2002 VERIZONCALIFORNIA 30.22 AP 00189414 10/9/2002 VERIZON CALIFORNIA 209.78 AP 00189414 10/9/2002 VERIZON CALIFORNIA 28.14 AP 00189415 10/9/2002 VERIZONCALIFORNIA 1,650.00 AP 00189416 10/9/2002 VISTA PAINT 284.75 AP 00189416 10/9/2002 VISTAPAINT 317.82 AP 00189417 10/9/2002 VOLM, LIZA 112.50 AP 00189418 10/9/2002 WASTE MANAGEMENT L.A. METRO 254.05 AP 00189418 10/9/2002 WASTE MANAGEMENT L.A. METRO 206.38 AP 00189418 10/9/2002 WASTE MANAGEMENT L.A. METRO 280.67 AP 00189419 10/9/2002 WAXIE 358.81 AP 00189419 10/9/2002 WAXIE 226.40 AP 00189419 10/9/2002 WAXIE 212.00 AP 00189419 10/9/2002 WAXIE 484.88 AP 00189420 10/9/2002 WEST END YMCA/WEST END KIDS CLUB 2,739.75 AP 00189421 10/9/2002 WILLIAMS, VALENCIA 50.00 AP 00189422 10/9/2002 WINN, JAMES 12.00 AP-00189423 10/9/2002 XEROX CORPORATION 72.89 AP- 00189423 10/9/2002 XEROX CORPORATION 150.53 AP - 00189423 10/9/2002 XEROX CORPORATION 166.47 AP- 00189423 10/9/2002 XEROX CORPORATION 72.89 AP - 00189423 10/9/2002 XEROX CORPORATION 166.47 AP - 00189424 10/9/2002 YWCA OF THE WEST END 594.87 AP - 00189425 10/10/2002 CROWNE PLAZA TAMPA WESTSHORE 533.12 AP- 00189426 10/10/2002 HOLIDAY INN 492.80 AP- 00189427 10/10/2002 OPEN APPS 900.00 AP- 00189428 10/10/2002 OTT, SHARON 87.50 AP- 00189428 10/10/2002 OTT, SHARON 70.00 AP- 00189429 10/10/2002 PMI 1,289.74 AP- 00189479 10/15/2002 MMASC 60.00 AP - 00189481 10/16/2002 A AND A AUTOMOTIVE 163.10 AP - 00189481 10/16/2002 A AND A AUTOMOTIVE 65.00 AP - 00189482 10/16/2002 A AND K 30 MIN PHOTO LAB INC 11.05 AP - 00189482 10/16/2002 A AND K 30 MIN PHOTO LAB 1NC 11.05 AP - 00189482 10/16/2002 A AND K 30 MIN PHOTO LAB INC 10.37 AP - 00189482 10/16/2002 A AND K 30 M1N PHOTO LAB INC 8.97 AP - 00189482 10/16/2002 A AND K 30 MIN PHOTO LAB INC 24.38 AP - 00189482 10/16/2002 A AND K 30 MIN PHOTO LAB INC 47.65 User: ahunsber - Ann Hnnsberger Page: 12 Current Date: 10/30/5 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. 12 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189483 10/16/2002 A JONTUE, ROSEANN 3,339.30 AP - 00189484 10/16/2002 AA EQUIPMENT RENTALS CO INC 22.40 AP - 00189484 10/16/2002 AA EQUIPMENT RENTALS CO INC 55.18 AP- 00189485 10/16/2002 ABC LOCKSMITHS 125.00 AP- 00189485 10/16/2002 ABC LOCKSMITHS 248.00 AP- 00189485 10/16/2002 ABC LOCKSMITHS 133.09 AP- 00189485 10/16/2002 ABC LOCKSMITHS 244.90 AP - 00189486 10/16/2002 ACCURATE SMOG AUTO AND TRUCK 173.49 AP - 00189487 10/16/2002 ACT GIS I'NC 5,504.40 AP- 00189488 10/16/2002 ADAMSON, RONALD 960.00 AP- 00189488 10/16/2002 ADAMSON, RONALD 928.00 AP- 00189489 10/16/2002 AG ENGINEERING INC 330.41 AP - 00189490 10/16/2002 AIR CONTROLLED ENVIRONMENTS 50.00 AP - 00189491 10/16/2002 ALBA, JULIE 11.00 AP - 00189492 10/16/2002 ALMURTADA, LIZ 40.00 AP - 00189493 10/16/2002 AMTECH ELEVATOR SERVICES 535.00 AP - 00189493 10/16/2002 AMTECH ELEVATOR SERVICES 146.31 AP - 00189494 10/16/2002 ARBOR NURSERY INC 948.20 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 411.89 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 35.53 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 155.87 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 53.27 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 23.95 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 68.96 AP - 00189495 10/16/2002 ARROWHEAD CREDIT UNION 69.53 AP - 00189496 10/16/2002 ARTUKOVICH, JERRY 1,000.00 AP- 00189497 10/16/2002 ASSI SECURITY 635.00 AP - 00189498 10/16/2002 B AND K ELECTRIC WHOLESALE 154.68 AP- 00189499 10/16/2002 BELSIE, PASCALE 51.00 AP - 00189500 10/16/2002 BENSAKiAH, RKIA 50.00 AP- 00189501 10/16/2002 BENSON, MAURY 280.00 AP- 00189501 10/16/2002 BENSON, MAURY 560.00 AP - 00189502 10/16/2002 BETHEL FELLOWSHIP-CARLOS RODRIGUEZ 25.00 AP - 00189502 10/16/2002 BETHEL FELLOWSHIP-CARLOS RODRIGUEZ 20.00 AP- 00189503 10/16/2002 BIRC 60.00 AP- 00189504 10/16/2002 BLYTHER, RACHEL 38.00 AP- 00189505 10/16/2002 BODY SHOTS 334.47 AP - 00189506 10/16/2002 BOISE CASCADE OFFICE PRODUCTS CORP 3,452.74 AP - 00189506 10/16/2002 BOISE CASCADE OFFICE PRODUCTS CORP 25.11 AP - 00189506 10/16/2002 BOISE CASCADE OFFICE PRODUCTS CORP -25.11 AP- 00189507 10/16/2002 BOOKS ON TAPE INC 6.47 AP- 00189507 10/16/2002 BOOKS ON TAPE INC 12.93 AP- 00189508 10/16/2002 BORDNER, MARGIE 1,164.20 AP - 00189509 10/16/2002 BRANDMAN ASSOCIATES INC, MICHAEL 8,946.38 AP - 00189510 10/16/2002 BRUNSWICK DEER CREEK LANES 705.60 AP - 00189511 10/16/2002 BURKE, KAREN 480.00 AP- 00189512 10/16/2002 CAFAA 385.00 AP - 00189513 10/16/2002 CAL PERS CONFERENCE 2002 250.00 AP - 00189514 10/16/2002 CARRIAGE ESTATES II LLC 55.00 AP- 00189515 10/16/2002 CHACON, LORENA 50.00 AP - 00189516 10/16/2002 CHARLOTTE MARRIOTT CITY CENTER 160.46 AP- 00189517 10/16/2002 CHARTER MEDIA 1,552.00 AP- 00189517 10/16/2002 CHARTER MEDIA 664.80 AP- 00189518 10/16/2002 CHAVEZ, NORMA 45.00 User: ahunsber - Ann Hunsberger Page: 13 Current Date: 10/30/~ Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 .Check No. Check Date Vendor Name Amount AP - 00189519 10/16/2002 CHEVRON USA [NC 67.06 AP- 00189520 10/16/2002 CITY RENTALS 32.54 AP- 00189520 10/16/2002 CITY RENTALS 203.10 AP- 00189521 10/16/2002 CLARK, KAKEN 407.20 AP - 00189522 10/16/2002 CLEMENT COMMUNICATIONS [NC 215.28 AP- 00189523 10/16/2002 CLEMENTS, WYNDEE 72.00 AP- 00189524 10/16/2002 COBO, ELBA 56.00 AP - 00189525 10/16/2002 COLTON TRUCK SUPPLY 428.47 AP 00189525 10/16/2002 COLTON TRUCK SUPPLY 5.08 AP 00189526 10/16/2002 COMARK GOVERNMENT AND EDUCATION SAI 829.68 AP 00189527 10/16/2002 COMB[NED MARTIAL SCIENCE [NC 2,269.80 AP 00189528 10/16/2002 COMEAU, ODETTE 125.00 AP 00189529 10/16/2002 COMPAQ COMPUTER CORPORATION 1,512.81 AP 00189530 10/16/2002 CONSOLIDATED ELECTRICAL DISTRIBUTORS l 972.98 AP 00189531 10/16/2002 COPAS, DOMINICK 62.00 AP 00189531 10/16/2002 COPAS, DOMINICK 45.00 AP 00189531 10/16/2002 COPAS, DOM[NICK 48.00 AP 00189532 10/16/2002 COPP CRUSHING CORE DAN 30.00 AP 00189532 10/16/2002 COPP CRUSHING CORE DAN 40.00 AP 00189532 10/16/2002 COPP CRUSHING CORE DAN 70.00 AP 00189533 10/16/2002 COUNCIL OF CHIEF STATE SCHOOL OFFICES 8.00 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 1,372.55 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 256.84 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 232.12 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 105.43 AP 00189535 10/16/2002 CUCAMONGA CO WATERDIST 343.00 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 111.25 AP 00189535 10/16/2002 CUCAMONGA CO WATERDIST 222.85 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 250.30 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 105.07 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 217.34 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 133.24 AP 00189535 10/16/2002 CUCAMONGA CO WATERDIST 461.81 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 1,293.02 AP 00189535 10/16/2002 CUCAMONGACO WATERDIST 148.54 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 73.35 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 73.60 AP 00189535 10/16/2002 CUCAMONGACO WATERDIST 164.14 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 124.64 AP 00189535 10/16/2002 CUCAMONGA CO WATER DIST 799.65 AP 00189535 10/16/2002 CUCAMONGA CO WATERDIST 3,200.37 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 1,163.24 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 1,541.25 AP 00189535 t0/16/2002 CUCAMONGA CO WATERDIST 454.16 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 244.33 AP 00189535 10/16/2002 CUCAMONGA CO WATERDIST 345.27 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 816.80 AP 00189535 10/16/2002 CUCAMONGACOWATERDIST 159.87 AP - 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00189535 10/16/2002 CUCAMONGA CO WATER DIST 3,198.96 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 39.50 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 134.94 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 320.34 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 391.77 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 321.73 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 150.60 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 233.15 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 511.92 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 344.68 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 494.77 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 55.20 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 91.68 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 80.56 AP - 00189535 10/16/2002 CUCAMONGA CO WATER DIST 70.60 AP- 00189535 10/16/2002 CUCAMONGA CO WATER DIST 286.71 AP- 00189536 10/16/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 1,400.00 AP- 00189537 10/16/2002 CUMMINGS, JANE 42.00 AP - 00189538 10/16/2002 D AND K CONCRETE COMPANY 969.75 AP - 00189538 10/16/2002 D AND K CONCRETE COMPANY 624.95 AP- 00189539 10/16/2002 DAGHDEVIRIAN, KATHY 789.75 AP- 00189540 10/16/2002 DANCE TERRIFIC 3,655.50 AP- 00189541 10/16/2002 DUFFY, RICK 157.50 AP- 00189542 10/16/2002 DUGAN, ALLISON 663.00 AP- 00189543 10/16/2002 DYAN 1NC, DIANE 846.00 AP- 00189544 10/16/2002 EASTER, PAMELA 84.31 AP- 00189545 10/16/2002 ELMORE,CHRISTINE 40.00 AP- 00189546 10/16/2002 EVANS,VALERIE 50.00 AP - 00189547 10/16/2002 EWING IRRIGATION PRODUCTS 115.39 AP - 00189547 10/16/2002 EW1NG IRRIGATION PRODUCTS 647.15 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 340.20 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 588.80 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 792.00 AP- 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 1,080.00 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 729.20 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 663.00 AP - 00189548 10/16/2002 FINESSE PERSONNEL ASSOCIATES 546.90 AP - 00189549 10/16/2002 FITNESS REPAIR SHOP 79.00 AP - 00189550 10/16/2002 FUTURE ESTATES AND DEVEL CO 500.00 AP- 00189551 10/16/2002 GALE GROUP,THE 148.43 AP- 00189552 10/16/2002 GARZA,PAUL 23.00 AP- 00189553 10/16/2002 GEOGRAPHICS 51.72 AP- 00189553 10/16/2002 GEOGRAPHICS 4,723.76 AP- 00189553 10/16/2002 GEOGRAPHICS 285.54 AP- 00189554 10/16/2002 GIORDANO, MARIANNA 237.00 AP- 00189555 10/16/2002 GIORDANO, MARIANNA 227.50 User: ahunsber- Ann Hunsberger Page: 15 Current Date: 10/30/~ Report:CK AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189556 10/16/2002 GRA1NGER, WW 521.96 AP - 00189557 10/16/2002 GREEN ROCK POWER EQUIPMENT 275.31 AP - 00189557 10/16/2002 GREEN ROCK POWER EQUIPMENT 101.30 AP- 00189558 10/16/2002 GUERRERO,TED 320.00 AP 00189559 10/16/2002 HANGER 18 98.00 AP 00189559 10/16/2002 HANGER 18 84.00 AP 00189560 10/16/2002 HARALAMBOS BEVERAGE COMPANY 259.82 AP 00189561 10/16/2002 HEILIG, KELLY 1,237.50 AP 00189562 10/16/2002 HIBSHMAN, JENNIFER 78.00 AP 00189563 10/16/2002 HICKS, ELIZABETH 30.00 AP 00189564 10/16/2002 HINRICHSEN, BARBARA 432.00 AP 00189565 10/16/2002 HOLLIDAY ROCK CO INC 1,967.93 AP 00189565 10/16/2002 HOLLIDAY ROCK CO [NC 31.55 AP 00189565 10/16/2002 HOLLIDAY ROCK CO [NC 189.64 AP 00189566 10/16/2002 HORTON, DR 114,534.00 AP 00189567 10/16/2002 HOYT, RAYMOND 1,184.50 AP 00189568 10/16/2002 HSU, STEVE 522.00 AP 00189569 10/16/2002 HUANG, PRUDENCE 2,400.00 AP 00189570 10/16/2002 INFORMATION TODAY INC 398.00 AP 00189570 10/16/2002 rNFORMATION TODAY [NC 349.00 AP 00189571 10/16/2002 INLAND LIBRARY SYSTEM 3.30 AP 00189572 10/16/2002 INLAND MEDIATION BOARD 878.62 AP 00189572 10/16/2002 1NLAND MEDIATION BOARD 1,229.16 AP 00189573 10/16/2002 INLAND VALLEY DAILY BULLETIN 26.80 AP 00189574 10/16/2002 INLAND VALLEY DAILY BULLETIN 205.68 AP 00189574 10/16/2002 INLAND VALLEY DAILY BULLETIN 167.60 AP 00189574 10/16/2002 INLAND VALLEY DAILY BULLETIN 196.96 AP 00189574 10/16/2002 INLAND VALLEY DAILY BULLETIN 132.72 AP 00189575 10/16/2002 INLAND VALLEY DANCE ACADEMY 861.00 AP - 00189576 10/16/2002 INLAND WHOLESALE NURSERY 79.08 AP - 00189577 10/16/2002 1NTRAVAIA ROCK AND SAND 150.00 AP- 00189578 10/16/2002 IRON MOUNTA1N OSDP 405.00 AP - 00189579 10/16/2002 JABSHEH, AMANI 14.00 AP - 00189580 10/16/2002 JACOBSEN DIVISION OF TEXTRON [NC 279.72 AP- 00189581 10/16/2002 JARAMILLO, VENTURA 22.00 AP- 00189582 10/16/2002 JOHNSON, TRACI 55.00 AP - 00189583 10/16/2002 JONES AND MAYER, LAW OFFICES OF 9,518.75 AP- 00189584 10/16/2002 JONES, JAMES 270.00 AP- 00189585 10/16/2002 KALAFATIC, LUCY 44.00 AP - 00189586 10/16/2002 KAUFMAN AND BROAD 628.00 AP- 00189587 10/16/2002 KAZMARK, LYNN 105.00 AP - 00189588 10/16/2002 KC PRINTING & GRAPHICS [NC 891.78 AP- 00189589 10/16/2002 KECHOUR, DAVE 103.00 AP - 00189590 10/16/2002 KELLY PAPER COMPANY 125.16 AP- 00189591 10/16/2002 KENDALL, KEITH 180.00 AP-00189592 10/16/2002 KENDRENA DONNA 14.18 AP- 00189592 10/16/2002 KENDRENA DONNA 32.29 AP-00189592 10/16/2002 KENDRENA DONNA 17.86 AP-00189592 10/16/2002 KENDRENA DONNA 18.58 AP- 00189592 10/16/2002 KENDRENA DONNA 75.00 AP- 00189592 10/16/2002 KENDRENA DONNA 29.20 AP-00189592 10/16/2002 KENDRENA DONNA 12.00 AP- 00189592 10/16/2002 KENDRENA DONNA 12.77 AP- 00189592 10/16/2002 KENDRENA DONNA 15.07 User: ahunsber - Ann Hunsberger Page: 16 Current Date: 10/30/~ Report:CK_AGENDA PEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 08:2. /6 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189592 10/16/2002 KENDRENA, DONNA 12.87 AP- 00189593 10/16/2002 KERN, PATTI 93.00 AP- 00189594 10/16/2002 KEY3 MEDIA EVENTS 265.96 AP- 00189595 10/16/2002 KEY3 MEDIA EVENTS 265.96 AP - 00189596 t0/16/2002 KEY3 MEDIA EVENTS 265.96 AP- 00189597 10/16/2002 KLAMATH BAY 947.69 AP- 00189598 10/16/2002 KOZLOVICH, DEBBIE 2,040.00 AP - 00189599 10/16/2002 LAERDAL MEDICAL CORPORATION 929.34 AP - 00189600 10/16/2002 LAWSON PRODUCTS INC 152.00 AP- 00189601 10/16/2002 LEMON, ROBERT 373.00 AP - 00189601 10/16/2002 LEMON, ROBERT 117.56 AP 00189602 10/16/2002 L1NDSEY, DEBBIE 163.00 AP 00189603 10/16/2002 LIVE OAK DOG OBEDIENCE 864.00 AP 00189604 10/16/2002 LOPEZ, JULIE 64.00 AP 00189605 10/16/2002 LOPEZ, LAUREN 67.50 AP 00189606 10/16/2002 LOS ANGELES COCA COLA BTL CO 459.08 AP 00189607 10/16/2002 LU'SLIGHTHOUSEINC 457.94 AP 00189608 10/16/2002 LUPER, VIOLA LUCERO 216.00 AP 00189609 10/16/2002 MAGIC AND VARIETY ENTERTAINMENT 1,000.00 AP 00189609 10/16/2002 MAGIC AND VARIETY ENTERTAINMENT 1,600.00 AP 00189610 10/16/2002 MAGRUDER, KAKEN 194.40 AP 00189611 10/16/2002 MARIPOSA HORTICULTURAL ENT INC 117.92 AP 00189611 10/16/2002 MARIPOSA HORTICULTURAL ENT INC 7,657.78 AP 00189611 10/16/2002 MARIPOSAHORTICULTURALENTINC 17,768.98 AP 00189612 10/16/2002 MARSHALL, SYLVIA 1,033.20 AP 00189613 10/16/2002 MCKIE, LINDA 30.00 AP 00189614 10/16/2002 MDS CONSULTING 3,640.00 AP 00189614 10/16/2002 MDS CONSULTING 3,135.00 AP 00189614 10/16/2002 MDSCONSULTING 6,890.00 AP 00189614 10/16/2002 MDS CONSULTING 4,575.00 AP 00189614 10/16/2002 MDS CONSULTING 5,355.00 AP 00189614 10/16/2002 MDS CONSULTING 9,910.00 AP 00189615 10/16/2002 MIDWEST TAPE 59.98 AP 00189615 10/16/2002 MIDWEST TAPE 140.91 AP 00189616 10/16/2002 MILLER, COURTNEY 630.00 AP 00189617 10/16/2002 MILLS, CAREY 777.00 AP 00189618 10/16/2002 MOE, JOHN 252.00 AP 00189619 10/16/2002 MOHLER, JODIE 163.00 AP 00189620 10/16/2002 MOTIVATIONAL SYSTEMS INC 628.00 AP 00189621 10/16/2002 MULBERRY EARLY LEARNING 200.00 AP 00189621 10/16/2002 MULBERRY EARLY LEARNING 100.00 AP 00189622 10/16/2002 MUNSON, MICHELLE 118.50 AP 00189623 10/16/2002 MURRAYS HOTEL AND RESTAURANT SUPPLY 136.20 AP 00189624 10/16/2002 NATIONAL CONSTRUCTION RENTALSINC 68.93 AP 00189624 10/16/2002 NATIONAL CONSTRUCTION RENTALSINC 128.45 AP 00189625 10/16/2002 NATURE TECH LANDSCAPE -12,144.99 AP 00189625 10/16/2002 NATURE TECH LANDSCAPE 106,625.06 AP 00189625 10/16/2002 NATURE TECH LANDSCAPE 121,449.94 AP 00189625 10/16/2002 NATURE TECH LANDSCAPE -10,662.51 AP 00189626 10/16/2002 NDJONGO, JEAN 100.00 AP 00189627 10/16/2002 NELSON, MARIAN 40.00 AP- 00189628 10/16/2002 NESTOR TRAFFIC SYSTEMS 11,844.00 AP- 00189629 10/16/2002 NEWPORT PRINTING SYSTEMS 76.94 AP- 00189630 10/16/2002 NYO CHO, SLrNG 129.92 User: ahunsber - Ann Hunsberger Page: 17 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2, t7 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189632 10/16/2002 OFFICE DEPOT 13.25 AP- 00189632 10/16/2002 OFFICE DEPOT -97.60 AP- 00189632 10/16/2002 OFFICE DEPOT 16.02 AP- 00189632 10/16/2002 OFFICE DEPOT 11.24 AP- 00189632 10/16/2002 OFFICE DEPOT 58.21 AP- 00189632 10/16/2002 OFFICE DEPOT 91.37 AP- 00189632 10/16/2002 OFFICE DEPOT 225.16 AP- 00189632 10/16/2002 OFFICE DEPOT 67.89 AP 00189632 10/16/2002 OFFICE DEPOT 119.11 AP 00189632 10/16/2002 OFFICE DEPOT -10.38 AP 00189632 10/16/2002 OFFICE DEPOT 19.25 AP 00189632 10/16/2002 OFFICE DEPOT -6.40 AP 00189632 10/16/2002 OFFICE DEPOT 645.51 AP 00189632 10/16/2002 OFFICE DEPOT 203.16 AP 00189632 10/16/2002 OFFICE DEPOT 61.99 AP 00189632 10/16/2002 OFFICE DEPOT 12.45 AP 00189632 10/16/2002 OFFICE DEPOT 22.32 AP- 00189632 10/16/2002 OFFICE DEPOT 33.24 AP- 00189632 10/16/2002 OFFICE DEPOT 12.24 AP- 00189632 10/16/2002 OFFICE DEPOT 184.21 AP- 00189632 10/16/2002 OFFICE DEPOT -184.21 AP- 00189632 10/16/2002 OFFICE DEPOT 45.00 AP - 00189632 10/16/2002 OFFICE DEPOT 293.75 AP- 00189632 10/16/2002 OFFICE DEPOT 244.17 AP- 00189632 10/16/2002 OFFICE DEPOT 13.16 AP- 00189632 10/16/2002 OFFICE DEPOT 206.75 AP - 00189632 10/16/2002 OFFICE DEPOT 11.99 AP- 00189632 10/16/2002 OFFICE DEPOT 40.89 AP- 00189632 10/16/2002 OFFICE DEPOT 239.41 AP- 00189632 10/16/2002 OFFICE DEPOT 448.59 AP- 00189632 10/16/2002 OFFICE DEPOT 38.47 AP- 00189632 10/16/2002 OFFICE DEPOT 13.74 AP- 00189632 10/16/2002 OFFICE DEPOT -450.32 AP - 00189632 10/16/2002 OFFICE DEPOT 7.46 AP- 00189632 10/16/2002 OFFICE DEPOT 839.40 AP- 00189632 10/16/2002 OFFICE DEPOT 154.65 AP- 00189632 10/16/2002 OFFICE DEPOT 246.99 AP- 00189632 10/16/2002 OFFICE DEPOT 63.43 AP- 00189632 10/16/2002 OFFICE DEPOT 30.84 AP- 00189632 10/16/2002 OFFICE DEPOT 34.99 AP - 00189632 10/16/2002 OFFICE DEPOT 31.45 AP- 00189632 10/16/2002 OFFICE DEPOT -6.06 AP- 00189632 10/16/2002 OFFICE DEPOT 3.89 AP- 00189632 10/16/2002 OFFICE DEPOT 17.90 AP- 00189632 10/16/2002 OFFICE DEPOT 15.34 AP- 00189632 10/16/2002 OFFICE DEPOT 39.92 AP- 00189633 10/16/2002 OLARTE, ELSIE 5.00 AP- 00189633 10/16/2002 OLARTE, ELSIE 200.00 AP - 00189634 10/16/2002 ONTARIO ICE SKATING CENTER 1,512.00 AP - 00189635 10/16/2002 ONTARIO, CITY OF 90,394.00 AP- 00189636 10/16/2002 OTSUKA, DENNIS 28.80 AP- 00189637 10/16/2002 OWEN ELECTRIC 70.63 AP- 00189637 10/16/2002 OWEN ELECTRIC 23.88 AP - 00189638 10/16/2002 PACIFIC PLUMBING SPECIALTIES 923.85 User: ahunsber - Ann Hunsberger Page: 18 Current Date: 10/30/~ Report:CK_AGENDA KEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189639 10/16/2002 PARKER, SHANNON 300.00 AP- 00189640 10/16/2002 PARSAC 9,088.00 AP- 00189641 10/16/2002 PEP BOYS 26.91 AP- 00189641 10/16/2002 PEP BOYS 6.45 AP- 00189642 10/16/2002 PEREZ, CARLOS 2,100.00 AP - 00189643 10/16/2002 PETES ROAD SERVICE 1NC 656.35 AP - 00189643 10/16/2002 PETES ROAD SERVICE INC -108.67 AP - 00189643 10/16/2002 PETES ROAD SERVICE INC 930.62 AP - 00189643 10/16/2002 PETES ROAD SERVICE INC 415.90 AP 00189644 10/16/2002 PHASE II SYSTEMS 20,000.00 AP 00189645 t0/16/2002 PIKE, ANGELA 99.00 AP 00189646 10/16/2002 PITNEY BOWES 296.64 AP 00189646 10/16/2002 PITNEY BOWES 2,054.00 AP 00189647 10/16/2002 POMONA VALLEY KAWASAKI 525.28 AP 00189647 10/16/2002 POMONA VALLEY KAWASAKI 287.33 AP - 00189647 10/16/2002 POMONA VALLEY KAWASAKI 777.01 AP - 00189647 10/16/2002 POMONA VALLEY KAWASAKI 305.36 AP- 00189648 10/16/2002 PRECISION GYMNASTICS 672.79 AP - 00189649 10/16/2002 PRESENTATION SYSTEMS INC 9,000.00 AP- 00189650 10/16/2002 PRICE, JIM 700.00 AP - 00189651 10/16/2002 PRUDENTIAL OVERALL SUPPLY 7.00 AP- 00189652 10/16/2002 RAGAN COMMUNICATIONS 129.00 AP - 00189653 10/16/2002 RANCHO CUCAMONGA CHAMBER OF COMMEI 270.00 AP - 00189653 t0/16/2002 RANCHO CUCAMONGA CHAMBER OF COMME1 55.00 AP - 00189653 10/16/2002 RANCHO CUCAMONGA CHAMBER OF COMMEI 180.00 AP ~ 00189653 10/16/2002 RANCHO CUCAMONGA CHAMBER OF COMMEI 35.00 AP - 00189654 10/16/2002 RANCHO GRANDE KIWANIS 100.00 AP- 00189655 10/16/2002 RAPOZA, APRIL 14.58 AP - 00189656 10/16/2002 RAULS AUTO TRIM INC 260.81 AP - 00189657 10/16/2002 RBM LOCK AND KEY SERVICE 47.25 AP - 00189657 10/16/2002 REM LOCK AND KEY SERVICE 7.92 AP - 00189658 10/16/2002 RED WING SHOE STORE 246.17 AP- 00189658 10/16/2002 RED WING SHOE STORE 298.70 AP - 00189658 10/16/2002 RED WING SHOE STORE 106.67 AP - 00189658 10/16/2002 RED WING SHOE STORE 150.00 AP - 00189658 10/16/2002 RED WING SHOE STORE 300.00 AP- 00189659 10/16/2002 REINHARDT, RITA 504.00 AP - 00189660 10/16/2002 RGS ENGINEERING GEOLOGY 380.00 AP- 00189661 10/16/2002 RH TECHNOLOGY 768.00 AP- 00189661 I0/16/2002 RH TECHNOLOGY 1,024.00 AP- 00189661 10/16/2002 RH TECHNOLOGY 1,024.00 AP- 00189662 10/16/2002 RIDGELINE ROOFING 8,166.02 AP - 00189663 10/16/2002 RIDGELINE ROOF1NG 4,920.00 AP- 00189665 10/16/2002 RMA GROUP 17,830.00 AP- 00189666 10/16/2002 RMA GROUP 1,167.50 AP- 00189667 10/16/2002 ROBERTS, LORI 38.00 AP - 00189668 10/16/2002 ROBLES SR, RAUL P 96.50 AP - 00189668 10/16/2002 ROBLES SR, RAUL P 76.50 AP - 00189668 10/16/2002 ROBLES SR, RAUL P 130.00 AP - 00189669 10/16/2002 ROYAL WHOLESALE ELECTRIC 215.70 AP- 00189670 10/16/2002 SAFETY FIRST 145.46 AP - 00189671 10/16/2002 SAN DIEGO ROTARY BROOM CO INC 506.43 AP - 00189671 10/16/2002 SAN DIEGO ROTARY BROOM CO INC 374.37 AP - 00189671 10/16/2002 SAN DIEGO ROTARY BROOM CO INC 66.81 User: ahtmsber - Ann Hunsberger Page: 19 Current Date: 10/30/~ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Port~cait Layout Time: 08:2, /q CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189671 10/16/2002 SAN DIEGO ROTARY BROOM CO INC 187.49 AP - 00189671 10/16/2002 SAN DIEGO ROTARY BROOM CO INC 124.99 AP - 00189672 10/16/2002 SBC/PACIFIC BELL 55.16 AP- 00189672 10/16/2002 SBC/PACIFIC BELL 55.16 AP- 00189673 10/16/2002 SCHNEIDER, DANIEL 81.03 AP- 00189673 10/16/2002 SCITNEIDER, DANIEL 5.11 AP- 00189674 10/16/2002 SCOTT, BOBBIE 10.00 AP ~ 00189675 10/16/2002 SEHI COMPUTER PRODUCTS 1,466.56 AP - 00189675 10/16/2002 SEHI COMPUTER PRODUCTS 106.98 AP- 00189676 10/16/2002 SIMPLOT PARq3qERS 4,304.57 AP - 00189677 10/16/2002 HOYT LUMBER CO., SM 9.39 AP - 00189677 10/16/2002 HOYT LUMBER CO., SM 431.00 AP - 00189678 10/16/2002 SMART AND FINAL 25.40 AP- 00189678 10/16/2002 SMART AND FINAL 47.72 AP- 00189678 10/16/2002 SMART AND FINAL 295.99 AP- 00189678 10/16/2002 SMART AND FINAL 27.56 AP - 00189678 10/16/2002 SMART AND FINAL 39.53 AP - 00189679 10/16/2002 SMITH MANUFACTURING COMPANY 8,950.00 AP- 00189680 10/16/2002 SORC1NI, EMMA 523.50 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP ~ 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 20.75 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 91.93 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00189683 10/16/2002 SOUTHERN CALIFOR2qlA EDISON 102.80 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 13.09 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 84.15 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.41 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 67.14 AP - 00189683 10/16/2002 SOUTHERN CALIFOKNIA EDISON 13.21 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP - 00189683 10/16/2002 SOUTHERN CALIFOKNIA EDISON 14.74 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 13.97 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHEKN CALIFORNIA EDISON 13.32 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 13.32 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 52.27 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 13.55 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 49.46 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 565.17 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 45.97 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 13.55 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.55 User: ahunsber - Ann Hnnsberger Page: 20 Current Date: 10/30/~ Report:CK_AGENDA_REGPORTRAIT_RC - CK: Agenda Check Register Port~ait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 45.49 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 46.01 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 82.56 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 87.75 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.83 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 1,121.13 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 141.10 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 161.11 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12,120.96 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 164.19 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 70.10 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 8.08 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 119.52 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 161.66 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 109.99 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 91.69 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 130.53 AP - 00189683 10/16/2002 SOUTHERN CALIFOILNIA EDISON 4,212.90 AP 00189683 10/16/2002 SOUTHERN CALIFOKNIA EDISON 6,040.79 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 456.81 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14,992.80 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 125.58 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 600.12 AP 00189683 10/16/2002 SOUTHERN CALIFORtqIA EDISON 134.21 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 27.15 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.02 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 27.05 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 15.84 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 14.57 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 41.42 AP 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 49.55 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 28.87 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 85.75 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 15.74 AP - 00189683 10/16/2002 SOUTHERaN CALIFORNIA EDISON 12.53 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.42 AP - 00189683 I0/16/2002 SOUTHERN CALIFORNIA EDISON 0.01 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.23 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 54.44 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 5,258.43 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 2,397.51 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 2,956.09 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 38,349.64 User: ahunsber - Ann Hunsberger Page: 21 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTKAIT_RC - CK: Agenda Check Register Porn'ait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 51.87 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 56.10 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 65.59 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 211.64 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 2,727.75 AP- 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00189683 10/16/2002 SOUTHERN CALIFORNIA EDISON 20.89 AP- 00189684 10/16/2002 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00189685 10/16/2002 SOUTHERN CALIFORNIA EDISON 8,376.00 AP - 00189686 10/16/2002 SOUTHERN CALIFORNIA EDISON 1,624.00 AP - 00189687 10/16/2002 SOUTHERN CALIFORNIA EDISON 10,000.00 AP- 00189688 10/16/2002 SPECIALTY TYPEWRITER SERVICE 65.00 AP- 00189689 10/16/2002 SPEEDO ELECTRIC CO 865.48 AP - 00189690 10/16/2002 SPORT SUPPLY GROUP INC 21.41 AP- 00189691 10/16/2002 STATE BOARD OF EQUALIZATION 756.29 AP - 00189691 10/16/2002 STATE BOARD OF EQUALIZATION 1,910.64 AP - 00189691 10/16/2002 STATE BOARD OF EQUALIZATION 22.86 AP- 00189691 10/16/2002 STATE BOARD OF EQUALIZATION 284.06 AP- 00189692 10/16/2002 STIGERS, VIRGINIA 10.00 AP - 00189693 10/16/2002 SURE SHRED DOCUMENT DESTRUCTION 20.00 AP - 00189693 10/16/2002 SURE SHRED DOCUMENT DESTRUCTION 20.00 AP - 00189694 10/16/2002 TARGET SPECIALTY PRODUCTS 2,465.56 AP-00189695 10/16/2002 TARGET 16.05 AP - 00189696 10/16/2002 TERMINIX INTERNATIONAL 56.00 AP- 00189697 10/16/2002 TERRY, DONNA 748.80 AP- 00189698 10/16/2002 TOBIN, RENEE 23.65 AP - 00189699 10/16/2002 TOMARK SPORTS INC 190.72 AP- 00189700 10/16/2002 TUTORWHIZ INC 1,989.40 AP- 00189701 10/16/2002 TWOMEY, MATTHEW 30.00 AP- 00189702 10/16/2002 TYPECARE 90.41 AP - 00189703 10/16/2002 UMPS ARE US ASSOCIATION 2,679.50 AP - 00189703 10/16/2002 UMPS ARE US ASSOCIATION 360.00 AP - 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 24.27 AP - 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 34.34 AP- 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 86.43 AP- 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 588.85 AP - 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 122.73 AP - 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 24.74 AP - 00189704 10/16/2002 UNIFIRST UNIFORM SERVICE 25.45 AP- 00189705 10/16/2002 UNIQUE MANAGEMENT SERVICES INC 296.16 AP - 00189706 10/16/2002 UNITED PARCEL SERVICE 31.36 AP - 00189707 10/16/2002 UNITEK TECHNOLOGY INC 829.34 AP 00189708 10/16/2002 UPLAND TENNIS CLUB 2,160.00 AP 00189709 10/16/2002 VENDUVEND1NG 24.88 AP 00189710 10/16/2002 VENTURA, LOUIS 390.00 AP 00189711 10/16/2002 VERIZONCALIFORNIA 22.66 AP 00189711 10/16/2002 VERIZONCALIFOKNIA 246.65 AP 00189711 10/16/2002 VERIZONCALIFORNIA 22.66 AP 00189711 10/16/2002 VERIZONCALIFORNIA 58.04 AP 00189711 10/16/2002 VERIZON CALIFORNIA 31.33 AP 00189711 10/16/2002 VERIZON CALIFORNIA 22.26 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 28.68 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 27.72 User: ahunsber- Ann Hunsberger Page: 22 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189711 10/16/2002 VERIZON CALIFORNIA 43.25 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP - 00189711 10/16/2002 VER1ZON CALIFORNIA 89.59 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 81.43 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 28.68 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 32.40 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 28.68 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 27.72 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 89.59 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 167.56 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 1,545.32 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 44.20 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 32.85 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 176.47 AP- 00189711 10/t6/2002 VERIZON CALIFORNIA 22.66 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 22.66 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 22.66 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 29.22 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 31.06 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 32.40 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 32.40 AP - 00189711 10/16/2002 VERIZON CALIFORNIA 22.66 AP- 00189711 10/16/2002 VERIZON CALIFORNIA 22.66 AP- 00189712 10/16/2002 VERIZON CALIFORNIA 37.45 AP- 00189713 10/16/2002 VIGILANCE, TERRENCE 600.00 AP- 00189714 10/16/2002 VIGILANCE, TERRENCE 600.00 AP- 00189715 10/16/2002 VILAYTHONG, KEOMANEE 103.10 AP- 00189716 10/16/2002 VILLAGE NURSERIES 269.38 AP- 00189717 10/16/2002 VITALE, KRISTI 76.00 AP - 00189718 10/16/2002 WASTE NEWS 49.00 AP- 00189719 10/16/2002 WAXIE 360.20 AP - 00189720 10/16/2002 WEST COAST TURF 314.97 AP- 00189721 10/16/2002 WHITE, CINDY 525.00 AP - 00189722 10/16/2002 WILLIAM LYON COMPANY,THE 500.00 AP - 00189722 10/16/2002 WILLIAM LYON COMPANY,THE 500.00 AP- 00189722 10/16/2002 WILLIAM LYON COMPANY,THE 1,256.00 AP- 00189723 10/16/2002 WORLDCOM 219.08 AP - 00189724 10/16/2002 WYNDHAM PALM SPRINGS HOTEL 324.16 AP - 00189725 10/16/2002 WYNDHAM PALM SPRINGS HOTEL 301.66 AP - 00189726 10/16/2002 WYNDHAM PALM SPRINGS HOTEL 301.66 AP- 00189727 10/16/2002 XEROX CORPORATION 929.35 AP - 00189728 10/16/2002 YWCA OF THE WEST END 473.65 AP- 00189729 10/16/2002 ZAILO, ROBERT 187.20 AP- 00189730 10/16/2002 ZENDEJAS, IRMA 36.00 AP- 00189731 10/17/2002 ABLAC 16.39 AP- 00189737 10/17/2002 CLABBY, SANDRA 1,000.00 AP- 00189741 10/17/2002 DE LEISE, JENAE 519.24 AP - 00189764 10/17/2002 MT BALDY UNITED WAY 51.00 AP- 00189765 10/17/2002 NATIONAL DEFERRED 7,697.89 User: ahunsber - Ann Hunsberger Page: 23 Current Date: 10/30/'; Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. :23 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189773 10/17/2002 RCPFA 4, t28.74 AP - 00189799 10/17/2002 HOME DEPOT/GECF, THE 61.22 AP - 00189799 10/17/2002 HOME DEPOT/GECF, THE 111.54 AP- 00189799 10/17/2002 HOME DEPOT/GECF, THE 168.39 AP - 00189799 10/17/2002 HOME DEPOT/GECF, THE 60.23 AP - 00189799 10/17/2002 HOME DEPOT/GECF, THE 175.51 AP - 00189799 10/17/2002 HOME DEPOT/GECF, THE 99.04 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 70.99 AP-00189799 10/17/2002 HOMEDEPOT/GECF THE 363.82 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 321.10 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 40.52 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 154.16 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 35.68 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 85.45 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE 67.19 AP- 00189799 10/17/2002 HOME DEPOT/GECF THE -18.43 AP - 00189800 10/17/2002 MULBERRY EARLY LEARNING 200.00 AP - 00189800 10/17/2002 MULBERRY EARLY LEARNING 100.00 AP - 00189801 10/17/2002 MYERS NUART LIGHTING PRODUCTS 1,401.26 AP - 00189802 10/17/2002 PACIFIC COAST TOOL AND SUPPLY 7,404.55 AP - 00189802 10/17/2002 PACIFIC COAST TOOL AND SUPPLY 7.76 AP - 00189803 10/21/2002 Images by Steve 500.00 AP- 00189804 10/21/2002 KAMKANI, JOSEPH 125.00 AP- 00189805 10/2t/2002 PHONG, LORRAINE 100.00 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 20.89 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 41.42 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.57 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 20.75 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189808 10/22/2002 SOUTHEP,~N CALIFORNIA EDISON 67.14 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.74 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00189808 10/22/2002 SOUTHER_N CALIFORNIA EDISON 15.84 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 91.93 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.97 AP 00189808 I0/22/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP 00189808 10/22/2002 SOUTHERN CALIFORN1A EDISON 134.21 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA ED1SON 12.53 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.32 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 91.69 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 70.10 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 49.46 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 45.49 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 565.17 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.55 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 46.01 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 2,397.51 User: ahunsber - Ann Hunsberger Page: 24 Current Date: 10/30/~ Report:CK AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 2,956.09 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 51.87 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 56.10 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 211.64 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 161.11 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 6,040.79 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 456.81 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.23 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 15.74 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 49.55 AP 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 28.87 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 0.01 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.42 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 85.75 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 54.44 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 65.59 AP ~ 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 5,258.43 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 130.53 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 164.19 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 119.52 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON t61.66 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 600.12 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 109.99 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 125.58 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 8.08 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 45.97 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.55 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 1,121.13 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 141.10 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.55 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 82.56 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 87.75 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.83 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.32 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 52.27 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 27.05 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.02 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 27.15 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.22 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.09 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 84.15 User: ahunsber - Ann Hunsberger Page: 25 Current Date: I0/30/~ Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 13.21 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.41 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 102.80 AP- 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00189808 10/22/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP- 00189809 10/22/2002 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00189809 10/22/2002 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00189809 10/22/2002 SOUTHERN CALIFORNIA EDISON 2,868.67 AP- 00189809 10/22/2002 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00189809 10/22/2002 SOUTHEP,-N CALIFORNIA EDISON 181.47 AP- 00189809 10/22/2002 SOUTHERN CALIFOILNIA EDISON 38,349.64 AP 00189809 10/22/2002 SOUTHERN CALIFOKNIA EDISON 2,727.75 AP 00189809 10/22/2002 SOUTHERN CALIFORNIA EDISON 4,212.90 AP 00189809 10/22/2002 SOUTHERN CALIFORNIA EDISON 12,120.96 AP 00189810 10/23/2002 AA EQUIPMENT RENTALS CO INC 61.15 AP 00189811 10/23/2002 ABLAC 294.06 AP 00189812 10/23/2002 ADAMSON, RONALD 736.00 AP 00189812 10/23/2002 ADAMSON, RONALD 544.00 AP - 00189813 10/23/2002 ADT SECUKITY SERVICES 1-NC 297.51 AP- 00189814 10/23/2002 AGUILAR TRUCKING 25.00 AP - 00189815 10/23/2002 AIM ALL STORAGE IV 2,925.00 AP - 00189816 10/23/2002 ALVAREZ CONSTRUCTION 1NC 500.00 AP- 00189817 10/23/2002 ARCH WIRELESS 356.74 AP- 00189818 10/23/2002 ARCHITERRA DESIGN GROUP 3,960.00 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 44.88 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 49.52 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 65.74 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 195.21 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 96.99 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 45.26 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 35.50 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 47.13 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 141.11 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 45.85 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 24.31 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 280.00 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 61.44 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 19.02 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 288.00 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 212.58 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 58.03 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 110.71 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 44.21 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 117.00 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 333.33 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 396.05 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 29.94 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 150.99 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 210.00 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 23.90 AP - 00189819 10/23/2002 ARROWHEAD CREDIT UNION 291.90 AP- 00189819 10/23/2002 ARROWHEAD CREDIT UNION 32.29 AP- 00189820 10/23/2002 ASSOCIATED GROUP 60.00 AP- 00189820 10/23/2002 ASSOCIATED GROUP 2,000.75 User: ahnnsber - Ann Hunsberger Page: 26 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Porn-alt Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189821 10/23/2002 AT AND T 3.41 AP- 00189822 10/23/2002 AUFBAU CORPORATION 8,732.00 AP- 00189823 10/23/2002 AUTO RESTORATORS 1,540.88 AP - 00189824 10/23/2002 13 AND K ELECTRIC WHOLESALE 1,820.44 AP- 00189825 10/23/2002 BATCHELLER, LYNN 55.00 AP - 00189826 10/23/2002 BUBALO CONSTRUCTION CO INC, MIKE -103,251.00 AP - 00189826 10/23/2002 BUBALO CONSTRUCTION CO INC, MIKE 199,410.15 AP- 00189827 10/23/2002 CALBO 1,550.00 AP-00189828 10/23/2002 CALSENSE 400.00 AP-00189828 10/23/2002 CALSENSE 181.61 AP-00189828 10/23/2002 CALSENSE 382.52 AP- 00189828 10/23/2002 CALSENSE 581.25 AP- 00189829 10/23/2002 CARR, PAM 60.00 AP- 00189830 10/23/2002 CCAPA 65.00 AP- 00189831 10/23/2002 CENTEX HOMES 2,500.00 AP - 00189831 10/23/2002 CENTEX HOMES 2,500.00 AP - 00189831 10/23/2002 CENTEX HOMES 2,500.00 AP- 00189831 10/23/2002 CENTEX HOMES 2,500.00 AP- 00189832 10/23/2002 CENTRAL DIVISION 167.66 AP- 00189833 10/23/2002 CENTRAL DIVISION 359.72 AP - 00189834 10/23/2002 CHAMPION AWARDS AND SPECIALIES 84.04 AP - 00189835 10/23/2002 CHURCH OF JESUS CHRIST OF LATTER DAY SA 4,000.00 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO 1NC 11.51 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO 1NC 28.77 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO INC -145.68 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO INC 355.78 AP- 00189836 10/23/2002 CITRUS MOTORS ONTARIO 1NC -1.94 AP- 00189836 10/23/2002 CITRUS MOTORS ONTARIO INC 195.14 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO 1NC 104.20 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO 1NC 11.51 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO INC 1.94 AP - 00189836 10/23/2002 CITRUS MOTORS ONTARIO [NC 38.54 AP - 00189837 10/23/2002 CLOUT 40.00 AP-00189837 10/23/2002 CLOUT 20.00 AP - 00189838 10/23/2002 COASTAL BUILDING SERVICES 1NC 15,773.00 AP- 00189839 10/23/2002 COLE, NINA 100.00 AP- 00189840 10/23/2002 CONCANNON, SHARI 149.50 AP - 00189841 10/23/2002 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 349.11 AP- 00189842 10/23/2002 CONTRERAS, MARTHA 10.00 AP- 00189843 10/23/2002 COUNTS UNLIMITED 345.00 AP- 00189844 10/23/2002 COURT TRUSTEE 200.00 AP - 00189845 10/23/2002 COURT TRUSTEE 118.50 AP- 00189846 10/23/2002 CREATIVE WHOLESALE 307.15 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 303.19 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 137.69 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 684.96 AP - 00189849 10/23/2002 CUCAMONGA CO WATERDIST 479.90 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 501.39 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 360.72 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 659.57 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 308.34 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 821.28 AP ~ 00189849 10/23/2002 CUCAMONGA CO WATER DIST 178.89 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 269.05 User: ahunsber - Ann Hunsberger Page: 27 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. 7.7 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Cheek No. Check Date Vendor Name Amount AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,261.09 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,171.48 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,240.49 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,187.96 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,159.12 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,003.59 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 831.58 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 888.23 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 693.56 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 490.65 AP 00189849 10/23/2002 CUCAMONGA CO WATERDIST 820.25 AP 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,026.25 AP 00189849 10/23/2002 CUCAMONGACOWATERDIST 869.69 AP 00189849 10/23/2002 CUCAMONGA CO WATERDIST 360.87 AP 00189849 10/23/2002 CUCAMONGACOWATERDIST 155.54 AP 00189849 10/23/2002 CUCAMONGACO WATERDIST 91.16 AP 00189849 10/23/2002 CUCAMONGA CO WATER DIST 259.56 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 386.26 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 187.68 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 176.50 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 122.79 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 351.45 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 213.22 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 338.21 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 60.99 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 137.69 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 213.58 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 387.65 AP - 00189849 10/23/2002 CUCAMONGA CO WATERDIST 305.92 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 297.01 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 122.58 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 7,041.03 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 77.26 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,221 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 214.61 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 175.47 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 101.16 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 173.05 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 125.67 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 48.63 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 173.41 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 152.81 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 117.79 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 165.02 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 196.74 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 340.12 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 251.33 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 496.47 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 267.81 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 161.05 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 382.50 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 391.77 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 817.16 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 189.53 User: ahunsber - Ann Hunsberger Page: 28 Current Date: 10/30/3 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2~ CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 199.16 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 178.89 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 699.74 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 312.46 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 91.16 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 259.57 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 350.57 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 354.33 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 295.98 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 46.71 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 248.60 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 484.47 AP- 00189849 10/23/2002 CUCAMONGA CO WATER DIST 170.99 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 109.19 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 278.11 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 210.49 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 127.06 AP - 00189849 10/23/2002 CUCAMONGA CO WATER DIST 1,555.08 AP - 00189850 10/23/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 420.00 AP - 00189850 10/23/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 1,400.00 AP - 00189851 10/23/2002 CUCAMONGA VINTNERS 2,500.00 AP- 00189852 10/23/2002 D 3 EQUIPMENT 66.56 AP - 00189853 10/23/2002 D AND K CONCRETE COMPANY 307.09 AP - 00189853 10/23/2002 D AND K CONCRETE COMPANY 614.17 AP - 00189854 10/23/2002 D AND R PAINTING AND DECORATING 19.99 AP- 00189855 10/23/2002 DAN GUERRA AND ASSOCIATES 51,695.00 AP - 00189856 10/23/2002 DAPPER TIRE CO 1,448.39 AP - 00189857 10/23/2002 DAVENPORT, JAY E. 671.50 AP - 00189858 10/23/2002 DAV1DSON, MUMTAZ 200.00 AP- 00189859 10/23/2002 DEMCO INC 590.91 AP - 00189860 10/23/2002 DEPARTMENT OF CONSERVATION 15,369.86 AP- 00189861 10/23/2002 DICK, ERIC 50.00 AP- 00189861 10/23/2002 DICK, ERIC 50.00 AP- 00189862 10/23/2002 DICK, ERIC 320.00 AP - 00189863 10/23/2002 DIETERICH POST COMPANY 174.19 AP- 00189864 10/23/2002 DIRECTV 27.99 AP - 00189865 10/23/2002 EIMICKE ASSOCIATES INC, V W 120.76 AP- 00189866 10/23/2002 EMPIRE MOBILE HOME SERVICE 250.85 AP- 00189867 10/23/2002 EMPIRE MOBILE HOME SERVICE 3,728.58 AP - 00189868 10/23/2002 EMPIRE MOBILE HOME SERVICE 5,685.30 AP - 00189869 10/23/2002 EMPIRE MOBILE HOME SERVICE 3,600.72 AP - 00189870 10/23/2002 EMPLOYMENT SYSTEMS INC. 2,581.11 AP - 00189871 10/23/2002 EWING IRRIGATION PRODUCTS 801.25 AP - 00189871 10/23/2002 EWING IRRIGATION PRODUCTS 320.84 AP- 00189871 10/23/2002 EWING IRRIGATION PRODUCTS 187.34 AP - 00189871 10/23/2002 EWING IRRIGATION PRODUCTS 277.85 AP - 00189871 10/23/2002 EWING IRRIGATION PRODUCTS 26.61 AP-00189872 10/23/2002 EXPERIAN 50.00 AP - 00189873 10/23/2002 FEDERAL EXPRESS CORP 16.35 AP - 00189873 10/23/2002 FEDERAL EXPRESS CORP 20.06 AP - 00189873 10/23/2002 FEDERAL EXPRESS CORP 54.40 AP - 00189873 10/23/2002 FEDERAL EXPRESS CORP 18.11 AP- 00189874 10/23/2002 FINESSE PERSONNEL ASSOCIATES 441.60 AP - 00189874 10/23/2002 FINESSE PERSONNEL ASSOCIATES 680.00 User: ahunsber - Ann Hunsberger Page: 29 Current Date: I 0/30/~ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 tttrough 10/29/2002 Check No. Check Date Vendor Name .Amount AP - 00189874 10/23/2002 FINESSE PERSONNEL ASSOCIATES 579.60 AP - 00189875 10/23/2002 FINGERPRINT AMERICA 3,544.89 AP- 00189876 10/23/2002 FRAKES, CHANTALE 55.00 AP- 00189877 10/23/2002 GALEAZZI, MARCY 5.00 AP- 00189878 10/23/2002 GALLARDO, SHANDRA 38.00 AP- 00189878 10/23/2002 GALLARDO, SHANDRA 5.00 AP - 00189879 10/23/2002 GAUBA, DAVID 100.00 AP - 00189880 10/23/2002 GIANT INLAND EMPIRE RV CENTER 20.96 AP- 00189881 10/23/2002 GRAINGER, WW 326.28 AP- 00189881 10/23/2002 GRAINGER, WW 93.26 AP - 00189882 10/23/2002 GRAND PACIFIC BUILDING SERVICES INC 28.80 AP - 00189883 10/23/2002 GREEN ROCK POWER EQUIPMENT 107.34 AP - 00189883 10/23/2002 GREEN ROCK POWER EQUIPMENT 208.55 AP - 00189883 10/23/2002 GREEN ROCK POWER EQUIPMENT 186.09 AP - 00189884 10/23/2002 GROLIER PUBLISHING CO 1NC 302.28 AP - 00189884 10/23/2002 GROLIER PUBLISHING CO INC 120.03 AP - 00189884 10/23/2002 GROLIER PUBLISHING CO INC 218.62 AP - 00189885 10/23/2002 H & L CHARTER COMPANY INC 200.00 AP - 00189886 10/23/2002 HAAKER EQUIPMENT CO 77.82 AP- 00189887 10/23/2002 HAHN AND BOWERSOCK 250.70 AP- 00189888 10/23/2002 HARDY, BRADLEY 260.50 AP - 00189889 10/23/2002 HAVEN CAR WASH 1,467.40 AP - 00189890 10/23/2002 HINDERLITER DE LLAMAS AND ASSOCIATES 5,252.49 AP - 00189890 10/23/2002 HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP- 00189891 10/23/2002 HIX DEVELOPMENT 1,000.00 AP - 00189892 10/23/2002 HOFFINGER INDUSTRIES INC 15,000.00 AP - 00189893 10/23/2002 HOLLIDAY ROCK CO INC 30.94 AP - 00189893 10/23/2002 HOLLIDAY ROCK CO INC 1,987.26 AP- 00189893 10/23/2002 HOLLIDAY ROCK CO INC 166.21 AP - 00189894 10/23/2002 HOLTS AUTO ELECTRIC 210.11 AP - 00189895 10/23/2002 HOSE MAN INC 10.75 AP - 00189895 10/23/2002 HOSE MAN INC 82.92 AP- 00189896 10/23/2002 HURST, CHERYL 313.50 AP - 00189897 10/23/2002 HYATT REPORTERS, BEN 448.00 AP- 00189898 10/23/2002 ID BURR 26.94 AP-00189899 10/23/2002 IEMA 63.00 AP - 00189900 10/23/2002 INDUSTRIAL DISTRIBUTION GROUP 31.28 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 422.00 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 30.00 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 278.52 AP- 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 268.92 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 268.92 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 339.50 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 305.60 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 77.40 AP - 00189901 10/23/2002 INLAND VALLEY DAILY BULLETIN 422.00 AP - 00189902 10/23/2002 1NTISAN, ICADER 16.00 AP - 00189903 10/23/2002 INTRAVAIA ROCK AND SAND 322.40 AP - 00189904 10/23/2002 1NVENSYS BUILDING SYSTEMS INC 10,934.00 AP- 00189904 10/23/2002 1NVENSYS BUILDING SYSTEMS INC 305.00 User: ahunsber - Ann Hunsberger Page: 30 Current Date: 10/30/~ Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Porixait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189904 10/23/2002 INVENSYS BUILDING SYSTEMS liNC 535.00 AP - 00189904 10/23/2002 INVENSYS BUILDING SYSTEMS INC 10,934.00 AP - 00189904 10/23/2002 INVENSYS BUILDING SYSTEMS INC 10,934.00 AP- 00189905 10/23/2002 ISA 135.00 AP- 00189905 10/23/2002 ISA 270.00 AP- 00189906 10/23/2002 JENSEN, ERIC I9.71 AP- 00189907 10/23/2002 K B HOMES 6,000.00 AP - 00189907 10/23/2002 K B HOMES 6,700.00 AP - 00189908 10/23/2002 KAISER FOUNDATION HEALTH PLAN 48,5 t3.50 AP - 00189908 10/23/2002 KAISER FOUNDATION HEALTH PLAN 353.52 AP - 00189909 10/23/2002 KELLY PAPER COMPANY 106.88 AP- 00189910 10/23/2002 KETAILY, DEBBIE 66.00 AP - 00189911 10/23/2002 KNOTTS BERRY FARM 96.00 AP - 00189911 10/23/2002 KNOTTS BERRY FARM 1,536.00 AP - 00189912 10/23/2002 KOCH MATERIALS COMPANY 128.06 AP- 00189913 10/23/2002 KORANDA CONSTRUCTION 6,393.60 AP- 00189914 10/23/2002 LA CLIPPERS 1,598.00 AP- 00189915 10/23/2002 LA CLIPPERS 1,598.00 AP - 00189916 10/23/2002 LANCE SOLL AND LUNGHARD 13,764.92 AP- 00189917 10/23/2002 LAWSON PRODUCTS INC 112.38 AP - 00189917 10/23/2002 LAWSON PRODUCTS INC 159.25 AP- 00189918 10/23/2002 LEGACY 1,250.00 AP - 00189919 10/23/2002 LILBURN CORPORATION 11,155.24 AP- 00189919 10/23/2002 LILBURN CORPORATION 5,650.87 AP- 00189919 10/23/2002 LILBURN CORPORATION 5,183.71 AP - 00189920 10/23/2002 LOS ANGELES COCA COLA BTL CO 150.72 AP- 00189921 10/23/2002 LOWER, DARLENE 251.00 AP- 00189922 10/23/2002 LUDWIG, CARL 318.50 AP - 00189923 10/23/2002 LUDWIG KLEIN REPORTERS & VIDEO INC 171.00 AP - 00189924 10/23/2002 MART1NEZ UNION SERVICE 100.00 AP- 00189925 10/23/2002 MATT'S HARDWARE 46.91 AP- 00189925 I0/23/2002 MATT'S HARDWARE 14.38 AP- 00189926 10/23/2002 MCCOY, YVETTE 70.00 AP- 00189927 10/23/2002 MELENDEZ, TONY 550.00 AP 00189928 10/23/2002 MOBILEMINI INC 85.67 AP 00189928 10/23/2002 MOBILEM1NI INC 85.67 AP 00189929 10/23/2002 MOBILE STORAGE GROUP INC 144.68 AP 00189930 10/23/2002 MORGAN, NAOMI 23.00 AP 00189931 10/23/2002 MRTS24HRTOW1NG 155.00 AP 00189932 10/23/2002 MUNSON, MICHELLE 10.00 AP 00189933 10/23/2002 N M A DUES C/O NAOMI ROBERTS 13.85 AP 00189934 10/23/2002 NAPAAUTO PARTS 22.80 AP - 00189934 10/23/2002 NAPA AUTO PARTS 40.93 AP - 00189934 10/23/2002 NAPA AUTO PARTS 22.80 AP - 00189934 10/23/2002 NAPA AUTO PARTS 43.81 AP - 00189934 10/23/2002 NAPA AUTO PARTS 55.07 AP - 00189934 10/23/2002 NAPA AUTO PARTS 4.84 AP - 00189934 10/23/2002 NAPA AUTO PARTS 183.78 AP- 00189934 10/23/2002 NAPA AUTO PARTS 152.75 AP- 00189934 10/23/2002 NAPA AUTO PARTS 63.42 AP- 00189934 10/23/2002 NAPA AUTO PARTS 32.75 AP- 00189934 10/23/2002 NAPA AUTO PARTS 18.08 AP- 00189935 10/23/2002 NATIONAL DEFERRED 24,790.26 AP - 00189936 10/23/2002 NEC BUSINESS NETWORK SOLUTIONS INC 100.00 User: ahunsber - Ann Hunsberger Page: 31 Current Date: I 0/30E: Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189936 10/23/2002 NEC BUSINESS NETWORK SOLUTIONS INC 200.00 AP - 00189936 10/23/2002 NEC BUSINESS NETWORK SOLUTIONS INC 100.00 AP - 00189936 10/23/2002 NEC BUSINESS NETWORK SOLUTIONS INC 100.00 AP- 00189937 10/23/2002 NESCO 84.24 AP - 00189938 10/23/2002 NEWPORT PRINTING SYSTEMS 29.62 AP - 00189939 10/23/2002 NUNO, SOLEDAD 116.00 AP- 00189940 10/23/2002 OATES, MIMI 100.00 AP- 00189941 10/23/2002 OFFICE DEPOT 23.91 AP- 00189941 10/23/2002 OFFICE DEPOT 375.87 AP- 00189941 10/23/2002 OFFICE DEPOT 33.65 AP- 00189941 10/23/2002 OFFICE DEPOT 301.69 AP- 00189941 10/23/2002 OFFICE DEPOT 76.87 AP- 00189941 10/23/2002 OFFICE DEPOT 8.66 AP- 00189941 10/23/2002 OFFICE DEPOT 260.18 AP- 00189941 10/23/2002 OFFICE DEPOT 19.38 AP - 00189941 10/23/2002 OFFICE DEPOT 37.07 AP- 00189941 10/23/2002 OFFICE DEPOT 234.32 AP - 00189941 10/23/2002 OFFICE DEPOT 113.43 AP- 00189941 10/23/2002 OFFICE DEPOT -13.87 AP- 00189941 10/23/2002 OFFICE DEPOT 58.79 AP- 00189941 10/23/2002 OFFICE DEPOT 125.57 AP - 00189941 10/23/2002 OFFICE DEPOT 84.83 AP- 00189941 10/23/2002 OFFICE DEPOT 84.05 AP- 00189941 10/23/2002 OFFICE DEPOT 8.26 AP- 00189941 I0/23/2002 OFFICE DEPOT 1,168.09 AP- 00189941 10/23/2002 OFFICE DEPOT 80.63 AP- 00189941 10/23/2002 OFFICE DEPOT 35.82 AP- 00189941 10/23/2002 OFFICE DEPOT 21.91 AP- 00189941 10/23/2002 OFFICE DEPOT 6.06 AP- 00189941 10/23/2002 OFFICE DEPOT 106.64 AP - 00189942 10/23/2002 OHIO CHILD SUPPORT PAYMENT CENTRAL 77.35 AP- 00189943 10/23/2002 OMNITRANS 657.00 AP - 00189944 10/23/2002 ORCHARD SUPPLY HARDWARE 25.83 AP - 00189944 10/23/2002 ORCHARD SUPPLY HAKDWARE -2.40 AP - 00189945 10/23/2002 P A P A 360.00 AP - 00189946 10/23/2002 PACIFICARE OF CALIFORNIA 49,021.89 AP - 00189947 10/23/2002 PARILLA MILITZOK SHEDDEN & GARBER 7,477.21 AP- 00189948 10/23/2002 PARRISH, JERRY 77.00 AP - 00189949 10/23/2002 PARSAC 4,391.00 AP-00189949 10/23/2002 PARSAC 10,247.00 AP- 00189950 10/23/2002 PETES ROAD SERVICE INC 90.00 AP - 00189951 10/23/2002 PLANNING CENTER, THE 1,000.00 AP - 00189952 10/23/2002 POMONA FIRST FEDERAL 36,835.18 AP - 00189953 10/23/2002 PRAXAIR DISTRIBUTION INC 114.59 AP - 00189954 10/23/2002 PROTECTION SERVICE INDUSTRIES 93.70 AP- 00189954 10/23/2002 PROTECTION SERVICE INDUSTRIES 99.37 AP- 00189955 10/23/2002 QUALITY ONE ENGRAVING 4.34 AP- 00189955 10/23/2002 QUALITY ONE ENGRAVING 34.48 AP- 00189956 10/23/2002 QUINTANA, ZITA 193.00 AP - 00189957 10/23/2002 R AND R AUTOMOTIVE 224.85 AP - 00189958 10/23/2002 R C LAND CO 5,000.00 AP - 00189959 10/23/2002 RANCHO CUCAMONGA QUAKES PROFESSION.~ 3,015.60 AP- 00189960 10/23/2002 RANGEV1EW INVESTMENTS 2,500.00 AP - 00189961 10/23/2002 RBM LOCK AND KEY SERVICE 66.08 User: ahunsber - Ann Htmsberger Page: 32 Current Date: 10/30/~ Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 t~ough 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00189962 10/23/2002 RDO EQUIPMENT COMPANY/POWERPLAN 160.15 AP - 00189963 10/23/2002 RED WING SHOE STORE 144.71 AP - 00189963 10/23/2002 RED WING SHOE STORE 150.00 AP- 00189964 10/23/2002 REGENTS UC 125.00 AP- 00189965 10/23/2002 REINHARDTSEN, DEBRA 282.50 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 6,302.24 AP- 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 4,564.50 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 44.00 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 77.50 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 2,130.00 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 930.00 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 522.50 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 708.00 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 6,377.99 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 524.50 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 221.00 AP- 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 1,531.00 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 3,717.16 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 1,500.50 AP- 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 1,005.60 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 1,610.40 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 2,420.79 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 1,271.00 AP- 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 436.93 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 7,335.93 AP - 00189966 10/23/2002 RICHARDS WATSON AND GERSHON 103.60 AP - 00189967 10/23/2002 RICHMOND AMERICAN HOMES 2,500.00 AP- 00189967 10/23/2002 RICHMOND AMERICAN HOMES 2,500.00 AP - 00189968 10/23/2002 RIDGE REALTY GROUP LLC 61.87 AP - 00189969 10/23/2002 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP- 00189970 10/23/2002 RMA GROUP 12,014.50 AP- 00189971 10/23/2002 RMA GROUP 21,470.25 AP 00189972 10/23/2002 RMA GROUP 3,970.00 AP 00189973 10/23/2002 ROAD WORKS INC 90.00 AP 00189973 10/23/2002 ROAD WORKSINC 90.00 AP 00189973 10/23/2002 ROAD WORKS INC 90.00 AP 00189973 10/23/2002 ROAD WORKS INC 90.00 AP 00189974 10/23/2002 ROMERO, ROBERT 151.23 AP - 00189975 10/23/2002 ROUCH, PETER A 195.00 AP - 00189975 10/23/2002 ROUCH, PETER A 75.00 AP- 00189976 10/23/2002 SAFAVI, SARAH 309.30 AP - 00189977 10/23/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 289.68 AP - 00189978 10/23/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN~ 220.00 AP ~ 00189979 10/23/2002 SAN BERN COUNTY FLOOD CONTROL DISTRIC 3,874.35 AP- 00189980 10/23/2002 SAN BERN COUNTY SHERIFFS 74.00 AP - 00189981 10/23/2002 SAN BERN COUNTY SHERIFFS 58.00 AP- 00189982 10/23/2002 SAN BERN COUNTY SHERIFFS 149.87 AP - 00189983 10/23/2002 SAN BERN COUNTY SHERIFFS 961.40 AP - 00189984 10/23/2002 SAN BERN COUNTY 55.00 AP - 00189985 10/23/2002 SAN BERN COUNTY 1,130.00 AP - 00189986 10/23/2002 SAN BERN COUNTY 31,944.00 AP - 00189987 10/23/2002 SAN BERN COUNTY 6,545.70 AP - 00189988 10/23/2002 SAN DIEGO ROTARY BROOM CO INC 187.49 AP - 00189989 10/23/2002 SAV A LOT 1,959.69 User: ahunsber - Ann Hnnsberger Page: 33 Current Date: 10/30/5 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Porlxait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP- 00189990 10/23/2002 SBC/PACIFIC BELL 4,291.40 AP- 00189990 10/23/2002 SBC/PACIFIC BELL 1,122.58 AP- 00189990 10/23/2002 SBC/PACIFIC BELL 1,367.60 AP- 00189991 10/23/2002 SCHAFFER, CARL 300.00 AP- 00189992 10/23/2002 SCHNEIDER, DANIEL 32.85 AP-00189993 10/23/2002 SCMAF 320.00 AP - 00189994 10/23/2002 SEHI COMPUTER PRODUCTS 428.16 AP - 00189994 10/23/2002 SEHI COMPUTER PRODUCTS 214.08 AP - 00189995 10/23/2002 SILVIA CONSTRUCTION INC -9,767.09 AP - 00189995 10/23/2002 SILVIA CONSTRUCTION INC 97,670.86 AP - 00189996 10/23/2002 SMART AND FINAL 101.57 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 482.90 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 145.56 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 103.45 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 75.45 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 34.76 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 1,522.22 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 26.04 AP - 00189997 10/23/2002 SO CALIF GAS COMPANY 130.25 AP- 00189998 10/23/2002 SONSATIONALACTIVITIES 6,500.00 AP - 00189999 10/23/2002 SOUTHERN CALIF AMATEUR SOFTBALL ASSO{ 400.00 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 188.60 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 19.95 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 37.34 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 20.69 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 138.32 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 389.49 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 116.94 AP - 00190003 10/23/2002 SOUTHERN CALIFOKN1A EDISON 15.32 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.45 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 25.44 AP - 00190003 10/23/2002 SOUTHERN CALIFOR2qlA EDISON 14.45 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 65.15 AP 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 63.68 AP 00190003 10/23/2002 SOUTHERN CALIFORNiA EDISON 14.16 AP 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 97.50 AP 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 30.58 AP 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 56.75 AP 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.99 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.45 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.15 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 30.57 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.45 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 18.38 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.72 User: ahunsber - Ann Hunsberger Page: 34 Current Date: 10/30/7, Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Pom-ait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. .Check Date Vendor Name Amount AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 15.54 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 84.64 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 104.36 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.09 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 20.55 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.02 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 24.33 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 15.01 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 19.26 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 19.95 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 29.22 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 21.08 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 26.14 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.02 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 149.29 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 102.95 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 121.02 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 120.21 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 103.19 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 128.29 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 119.98 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 130.53 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 49.65 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 183.54 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 159.14 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 146.21 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 3,354.05 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 4,569.76 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 155.74 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 91.55 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 136.27 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 169.82 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 192.69 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 71.15 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 129.11 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 124.26 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON t31.49 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 137.22 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 141.85 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 61.29 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 108.58 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 133.33 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 133.65 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 81.71 User: ahtmsber - Ann Hunsberger Page: 35 Current Date: 10/30/2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 107.95 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 41.53 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.93 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.45 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 15.81 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.77 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.88 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 22.28 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 40.59 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.56 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.12 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 16.14 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.92 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.71 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.59 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 15.19 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.71 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 16.01 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.45 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 65.79 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 63.57 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 14.75 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 99.94 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 138.50 AP - 00190003 10/23/2002 SOUTHERN CALIFORNIA EDISON 65.45 AP - 00190004 10/23/2002 SOUTHERN CALIFORNIA SKATE PARK COALIT 20.00 AP - 00190005 10/23/2002 SPORT SUPPLY GROUP INC 145.83 AP- 00190006 10/23/2002 STATE OF CALIFORNIA 4,154.70 AP- 00190007 10/23/2002 STOFA, JOSEPH 25.00 AP- 00190008 10/23/2002 SYMCUS [NC 200.00 AP - 00190009 10/23/2002 TANNER, O C 189.06 AP - 00190009 10/23/2002 TANNER, O C 737.18 AP- 00190009 10/23/2002 TANNER, O C -213.70 AP- 00190010 10/23/2002 TAYLOR, JULIE 200.00 AP- 00190011 10/23/2002 TERM[NIX INTERNATIONAL 89.00 AP - 00190011 10/23/2002 TERM[NIX INTERNATIONAL 65.00 AP- 00190012 10/23/2002 THOMPSON PUBLISHING GROUP 358.00 AP - 00190013 10/23/2002 TIME WARNER TELECOM 1,250.00 AP- 00190014 10/23/2002 TRANSAMERICAN SOIL 779.22 AP- 00190015 10/23/2002 TREADWAY GRAPHICS 29.00 AP- 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 54,914.84 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 917.94 User: ahunsber - Ann Hunsberger Page: 36 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 2,625.12 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 4,614.65 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 242.20 AP- 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 1,644.50 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 242.20 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 2,033.52 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 345.23 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 345.23 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 20,653.20 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 474.66 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 137.84 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 183.35 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 202.33 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 12,421.74 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 23,387.00 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 9,845.00 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 10,904.00 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 7.93 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 7.93 AP - 001900,16 10/23/2002 TRUGREEN LANDCARE REGIONAL 237.62 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 238.38 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 14,261.29 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 0.80 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 0.80 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 47.93 AP - 00190016 10/23/2002 TRUGREEN LANDCAKE REGIONAL 14,489.78 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 916.13 AP - 00190016 10/23/2002 TRUGREEN LANDCARE REGIONAL 1,932.93 AP- 00190017 10/23/2002 U C REGENTS 200.00 AP- 00190018 10/23/2002 U C REGENTS 500.00 AP - 00190019 10/23/2002 U T I 108.62 AP - 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 34.34 AP - 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 683.39 AP - 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 142.94 AP - 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 21.88 AP - 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 34.34 AP - 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 24.27 AP- 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 72.81 AP- 00190020 10/23/2002 UNIFIRST UNIFORM SERVICE 20.58 AP - 00190021 10/23/2002 UNION BANK OF CALIFORNIA 64,010.85 AP - 00190022 10/23/2002 UNITED PARCEL SERVICE 34.39 AP- 00190022 10/23/2002 UNITED PARCEL SERVICE 19.70 AP- 00190023 10/23/2002 UNITED WAY 623.32 AP - 00190024 10/23/2002 US IDENTIFICATION MANUAL 88.48 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 22.71 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 32.00 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 40.51 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 31.30 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 36.96 AP- 00190026 10/23/2002 VERiZON CALIFORNIA 31.30 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 32.89 User: ahunsber - Ann Hunsberger Page: 37 Current Date: 10/30/2 Report:CK_AGENDA REG PORTKAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2, $7 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 91.00 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VER1ZON CALIFORNIA 192.47 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 35.45 AP- 00190026 10/23/2002 VEPdZON CALIFORNIA 129.19 AP- 00190026 10/23/2002 VER1ZON CALIFORNIA 97.08 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 58.97 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 23.84 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 23.95 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 43.81 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 158.98 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 71.06 AP- 00190026 10/23/2002 VER1ZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 28.68 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 60.43 AP- 00190026 10/23/2002 VER1ZON CALIFORNIA 27.72 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 27.72 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 28.44 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 29.00 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VEKIZON CALIFORNIA 178.87 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 31.33 AP- 00190026 10/23/2002 VER1ZON CALIFORNIA 29.13 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 83.99 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 89.59 AP- 00190026 10/23/2002 VERIZON CALIFORNIA 105.89 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 23.11 AP - 00190026 10/23/2002 VERIZON CALIFORNIA 31.30 AP- 00190027 10/23/2002 VIGILANCE, TERKENCE 600.00 AP- 00190028 10/23/2002 VILLAGOMEZ, CHARLEI 26.28 AP- 00190029 10/23/2002 VILLEGAS, TONY 300.00 AP- 00190030 10/23/2002 VISTA PAINT 39.36 AP - 00190031 10/23/2002 VOLM, LIZA 112.50 AP-00190032 10/23/2002 WAX1E 1,024.49 AP-00190032 10/23/2002 WAXIE 305.16 AP- 00190032 10/23/2002 WAXIE 47.82 AP - 00190032 10/23/2002 WAXIE 64.11 AP-00190032 10/23/2002 WAXIE 14.01 AP- 00190032 10/23/2002 WAXIE 5.61 AP- 00190032 10/23/2002 WAXIE 169.71 AP- 00190032 10/23/2002 WAXIE 1,370.74 AP- 00190032 10/23/2002 WAXIE 39.22 AP-00190032 10/23/2002 WAXIE 358.64 User: ahunsber - Arm Htmsberger Page: 38 Current Date: 10/30/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/9/2002 through 10/29/2002 Check No. Check Date Vendor Name Amount AP - 00190033 10/23/2002 WAY SERVICE COMPANY 80.00 AP - 00190034 10/23/2002 WESTERN LAND PROPERTIES 49.50 AP - 00190035 10/23/2002 WESTERN SPORTS MANAGEMENT 3,410.00 AP- 00190035 10/23/2002 WESTERN SPORTS MANAGEMENT 448.80 AP- 00190035 10/23/2002 WESTERN SPORTS MANAGEMENT 236.40 AP- 00190036 10/23/2002 WHITTLER FERTILIZER 237.05 AP- 00190036 10/23/2002 WHITTIER FERTILIZER 284.46 AP - 00190037 10/23/2002 WORRELL & WILSON REPORTING SERVICES 231.10 AP- 00190038 10/23/2002 WRIGHT,CHRIS J 18.75 AP- 00190038 10/23/2002 WRIGHT,CHRIS J 25.00 AP- 00190039 10/23/2002 XEROX CORPORATION 72.89 AP- 00190039 10/23/2002 XEROX CORPORATION 10,427.98 AP- 00190039 10/23/2002 XEROX CORPORATION 1,794.04 AP- 00190039 10/23/2002 XEROX CORPORATION 150.53 AP- 00190039 10/23/2002 XEROX CORPORATION 150.53 AP- 00190039 10/23/2002 XEROX CORPORATION 10,427.98 AP - 00190039 10/23/2002 XEROX CORPORATION 111.56 AP- 00190040 10/23/2002 YANCY, MICHELLE 300.00 AP - 00190041 10/23/2002 YEAGER CONSTRUCTION COMPANY INC, E L 576,097.65 AP- 00190048 10/24/2002 CALIFORNIA PUBLIC EMPLOYEES' 51,473.48 AP- 00190071 10/24/2002 PRINCIPAL LIFE 1,681.30 AP - 00190094 10/24/2002 BUTLER JR, EMANUEL 300.00 AP - 00190095 10/24/2002 LEAGUE OF CALIF CITIES 395.00 AP - 00190096 10/24/2002 MCCVB HOUSING BUREAU t69.40 AP- 00190097 10/24/2002 USPS/PITNEY BOWES 10,000.00 Total for Check ID AP: 4,748,186.35 Total for Entity: 4,748,186.35 User: ahunsber - Ann Hunsberger Page: 39 Current Date: 10/30/~, Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:2 CITYsTAFFOF RANCHOREPoRTCUCAMONGA ~ DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Debra Adams, CMC, City Clerk/Records Manager SUBJECT: Approval to Expend up to $50,000 from Account No. 10163015300 For the Purpose of Convertin.q 16mm Microfilm and Buildin.q Plans to DiRital ImaRes and Approval of SinRle Source Vendor - Delta Microlma(lincl RECOMMENDATION: It is recommended that the City Council approve the expenditure of up to $50,000 for the conversion of building plans and building permits to digital images during fiscal year 2002/2003. Further, it is recommended that the City Council approve Delta Microlmaging as a single-source vendor for the conversion services. BACKGROU N D/ANALYSIS: The adopted 2002/2003 budget contains a line item in Fund 016, Division 301, Object 5300 (Contract Services) in the amount of $50,000 for microfilm conversion. These funds are earmarked for conversion of existing 16mm microfilm and building plans to digital images compatible with the City's LaserFiche electronic document imaging software. The appropriation of $50,000 for these services has been approved by the City Manager and the Finance Officer and now needs to be ratified by the City Council per the City's Purchasing Policy. The Purchasing Policy also requires that payments exceeding $20,000 to any given vendor be approved by the City Council. In February, 2000 the Records Coordinator received informal proposals from vendors that provide conversion services and determined that Delta Microlmaging would provide the required services at the lowest fees. (See memo attached.) Since then, Delta Microlmaging has been providing the services to the satisfaction of the Records Division staff. R~,~P ecffu Ily('~m it~,/~ ,¢'~A,~A j ~~s, CMO, City Clerk/Records Manage (Attachment as noted) CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: October 28,2002 TO: Dawn Haddon, Purchasing Manager FROM: Diane Young, Records Coordinator SUBJECT: Sinflle Source Justification Requisition #78737 The City Clerk's Office processed requisition #78737 on October 7, 2002 in the amount of $30,000 for use of AB1600 funds to convert microfilmed images to digital images and to scan building plans. The suggested vendor was mistakenly left blank; it should have been listed as Delta Microlmaging. Background: In February, 2000 I requested quotes from three or four vendors who provide scanning and conversion services. Two of the vendors that responded utilize LaserFiche in their production processes. Since we (the City) use LaserFiche as our electronic document imaging system, and since we require the vendor to complete the template indexing on the converted images, it was important the vendor we selected use LaserFiche as well. Delta Microlmaging submitted lower cost proposals than the other vendor (Custom Microfilm Systems Inc.) and after reviewing a selection of sample images they converted, we began using them on a regular basis. The work they have been producing has been consistent and their customer service is outstanding. Therefore, the City Clerk's Office requests that Delta Microlmaging be approved as a single source vendor for purposes of converting microfilm to digital images and scanning building plans. Please feel free to contact me on extension 2012 if you have any further questions. /.// T H C I T Y O F I~ANCH 0 C U CAM ON GA DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: James T. Harris, Associate Engineer, Project Manage~"~ SUBJECT: APPROVAL TO AUTHORIZE THE CITY ENGINEER TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $113,550 FROM THE CALIFORNIA ENERGY COMMISSION INTO ACCOUNT NUMBER 1001000-4740 (GRANT REVENUE)TO OFFSET THE COST OF INSTALLING TRAFFIC SIGNAL BA'I-FERY BACKUP UNITS IN THE PRIOR YEAR RECOMMENDATION Approve the Resolution of the City Council of the City of Rancho Cucamonga, California, approving the Grant Application for a Battery Backup System and authorizing the City Engineer to execute all necessary documents to implement and carry out the purpose of the Resolution. BACKGROUND/ANALYSIS In March of 2001, the City Council approved the purchase and installation of battery backup systems and LED traffic signals to assure operation of the City's traffic signals during expected power outages. The installation of red LED traffic signal lamps and battery power back-up systems was completed at all City and State maintained traffic signals. The red LED signals reduce energy consumption by over 50 percent. They also require replacement less often than the former incandescent lamps and they allow the use of battery backup systems. During power outages, the battery power backup units allow the signals to flash all-red, and not go dark. We now require the installation of LED traffic signal lamps as well as LED pedestrian signals and battery backup units at all traffic signals to further reduce energy 5/2. CITY COUNCIL STAFF REPORT Grant Application for Battery Backup System November 6, 2002 Page 2 consumption and maintenance costs, and to allow for full traffic signal operation dudng battery backup conditions. On September 28, 2001 the Governor signed SB 84XX (Burton) authorizing the California Energy Commission (CEC) to reimburse a city, county, or city and county that has installed a backup battery system for light emitting diode traffic signals between January 1,2001, and the effective date of the bill. On June 20, 2002 an application was made to the California Energy Commission (CEC) for reimbursement of City funds used for the installation of the battery backup systems. The battery backup systems had to be used in conjunction with LED equipped traffic signals and must have met other technical specifications. The battery backup systems were all installed at intersections with LED equipped traffic signals and met all the other specifications. The CEC provided and required completion of a comprehensive spreadsheet detailing each intersection where a battery backup system was installed, whether or not LED signals were present, the cost of installation and intersection statistics such as traffic volume, injury accident rate, distance to an elementary school, approach speeds and presence of preemption controls. Also required was how the intersection worked under backup conditions and our priority for reimbursement. As result of the initial solicitation for that bill, the Commission awarded grants to 125 local governments on August 7, 2002 with $113,550.00 being approved for the City of Rancho Cucamonga, the second highest award statewide. Respectfully submitted, City Engineer WJO/JTH/jth RESOLUTION NO, 02- 2 ~' ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR A BATTERY BACKUP SYSTEM AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT AND CARRY OUT THE PURPOSE OF THE RESOLUTION WHEREAS, pursuant to Public Resources Code Section 25403.8, the State Energy Resoumes Conservation and Development Commission (Energy Commission) is authorized to provide grants to city, county or city and county governments for battery backup systems for traffic signals; WHEREAS, in order to be eligible for funding, the battery backup systems must be used in conjunction with light emitting diode traffic signals; BE IT RESOLVED, that the City Council authorizes the City of Rancho Cucamonga to apply for funding from the California Energy Commission for battery backup systems operating with light emitting diode traffic signals; BE IT ALSO RESOLVED, that if recommended for funding by the California Energy Commission, the City Council authorizes the City of Rancho Cucamonga to accept a grant up to $113,550.00. BE IT FURTHER RESOLVED, that the City Engineer is hereby authorized and empowered to execute in the name of the City of Rancho Cucamonga all necessary documents to implement and carry out the purpose of this resolution and to undertake all actions necessary to undertake and complete the energy efficiency project. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 6th day of November, 2002. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk RESOLUTION NO. November 6, 2002 Page 2 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 6th day of November, 2002. Executed this 6t~ day of November, 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk /-/5 R A N C H O C U C A M O N G A ~NGI~EEI~ING DIVI&ION Staff Report DATE: November 6, 2002 TO: Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT': Approval of Declaration of Easement Amendment and Restatement between Nakano Foods, Inc., and Biane Family Properties, LLC, located along Eighth Street west of Hermosa Avenue RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving modifications to the Easement Document and authorizing the Mayor and the City Clerk to sign said document. BACKGROUND/ANALYSIS In 1996, Nakano Foods processed MDR 96-33 for expansion of their existing facilities. Staff imposed a condition of approval for Nakano Foods to supply an ingress and egress easement in favor of Biane Family Properties. The easement was processed and recorded. An error was discovered in the easement. This amendment and restatement corrects the error and is satisfactory to both parties involved. Respectfully submitted, City Engineer W JO:DJ:sc Attachments . "EXHIBIT B" . ~ RECIPROC~H., ACCESS BASEMEN~NORTH~ SCALE 1=m1~' EIGHTH STREET ~ ,.~'*.~--~. ~_ ~ ~ - ~ ~ LL1 , , . ~ 71~1' ~"' LL~ PTN ~ LOT 3 ~4.~ EASEMENT PLAT I,CITY OF RANCHO CUCAMONGA THIS PLAT IS AN'AID IN LOCATING THE EASEMENT OESCRIBEO IN THE T i OF' 1 ATTACHE~ ~I3CUMENT. 'AND BY THIS REFERENCE IS MADE A PART HEREOF. SHEE RESOLUTION NO. O ~-. - ,Z. ~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATIONS TO DECLARATION OF EASEMENT AMENDMENT AND RESTATEMENT BETWEEN NAKANO FOODS, INC., AND BIANE FAMILY PROPERTIES, LLC, LOCATED ALONG EIGHTH STREET WEST OF HERMOSA AVENUE WHEREAS, Nakano Foods processed MDR 96-23 for expansion of their existing facilities; and WHEREAS, Nakano Foods provided an ingress and egress easement in favor of Biane Family Properties; and WHEREAS, said easement was found to have an error; and WHEREAS, both parties agree to the Declaration of Easement Amendment and Restatement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California, does approve the modifications and authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. R A C H O C U C A M O N G A ]~NGINEEI~ING DI~PAI~T~NT Sti f Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer ~0 SUBJECT': ACCEPTANCE OF THE 24-FOOT OFFER OF DEDICATION OVER PARCEL 2 AS SHOWN ON PARCEL MAP 3213 FOR AN EASEMENT FOR HIGHWAY AND ROAD PURPOSES FOR A PORTION OF THE WEST SIDE OF EAST AVENUE, NORTH OF BANYAN STREET (FORMERLY SUMMIT AVENUE) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution accepting the Offer to Dedicate a portion of East Avenue and authorize the Mayor and City Clerk to sign the resolution and cause same to record. BACKGROUND/ANALYSIS: The acceptance of this Offer of Dedication will provide a portion of the right-of-way necessary for the construction of the west half of East Avenue, which will provide access to the new fire station located north of 23rd Street. The west half of East Avenue, from Banyan Street (formerly Summit Avenue) to the fire station, is scheduled to be constructed in the Spring of 2003. Respectfully submitted, William J. O'Neil City Engineer WJO:JAD:Is Attachments: Vicinity Map and Resolution 2~TH DT ~T~ 51 ~ ~TH 5T ? I~Oj E CT ONTAI~,O CITY LIMIT LOCATION ~~ CITY OF RANCHO CUCAMONGA ~~,~..~ EAST AVENUE NORTH OF BANYAN · VICINITY MAP RESOLUTION NO. 02 '- 2 ~ 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THAT 24-FOOT OFFER OF DEDICATION FOR HIGHWAY AND ROAD PURPOSES (BEING A PORTION OF EAST AVENUE) OVER PARCEL 2 AS SHOWN ON PARCEL MAP 3213 WHEREAS, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: Section 1: That 24-foot offer to dedicate to the County of San Bernardino (now City of Rancho Cucamonga) an easement for Highway and Road purposes (being a portion of East Avenue) over Parcel 2 as shown on Parcel Map 3213, recorded in Book 28, page 77 of Parcel Maps, records of the County Recorder of the County of San Bernardino, State of Califomia is hereby accepted. Said property is shown on attached Exhibit "A". Section 2: The City Clerk is hereby authorized and directed to cause a certified copy of this resolution to be filed for record in the office of the County Recorder of the County of San Bemardino, State of California. WILSON AVENUE (FORMERLY 24th STREET) (FUTURE) N1/4 CORNER SEC. · ~ 20 ... A.P.N. 225-122-64 PURPOSES PER O.R. g0~/557 (REVISED 10/22/02) 168 2 PROPOSED z NORTH LINE LOT ~ M.B. 2/24 ~ 23rd STREET < NORTH .LINE 5.1/2 N.W. 1/4 ~ SEC. 28, T. 1 N., R. 6 W. ~ POTION NORTH ~2 LOT g BANYAN STREET (FORMERLY SUMMIT AVENUE) " C1/4 CORNER SEC. PAGE 2 OF 2 WILSON AVENUE (FORMERLY 24fh STREET) (FUTURE) N1/4 CORNER SEC. 28 EXHIBIT "A" · ~ ZO' EASEUEHT FOR ROAD- A.P.N. 225-122-64 PURPOSES PER O.R. (REVISED 10/22/02) 158 PROPOSED  NORTH LINE LOT ~ ~ 23rd STREET (FUTURE)~ < NORTH .LINE S.1/2 N.W.1/4 qm SEC. 28, T. 1 N., R. 6 W. BANYAN STREET (FORMERLY SUMMIT AVENUE) C1/4 CORNER SEC. PAGE 2 OF 2 WILSON AVENUE (FORMERLY 24fh STREET) (FUTURE) ~63.89' RF.~. - N1/4 CORNER SEC. 28 T. ~ ,., R. 6 W. . 20' ~SE~EHT FOR A,P,N. 225-122-64 PURPOSES .~R O.R. ~O~/SS7 (REVISED 10/22/02) P, 16E PROPOSED z NORTH LINE LOT ~ M,B. 2/24 = ~.e, 2s~7 o STREET (FUTURE NORTH ,LINE S.1/2 SEC. 28, T. 1 N., R. 6 W. I PORTION NO~H 1/2 LoT gI "~ ~.. M,B, 2/24,. ~ M,8, 2/24 ...... M,B, 2~24 ,..:,oo. -" 1' / i l~66.9o' PER J~-- ' - ~ ~/ P.M.B. 28/77 BANYAN STREET (FORUERLY SUUUlT AVENUE) ~ / ~ ~:~.8. 28/77 Cl/4 CORNER SEC. 28 PAGE 2 OF 2 ~: ......... T H C I ]' Y 0 F I~AN CII 0 CU CA~I ON C;A DATE: November 6, 2002 TO: Jack and City Council FROM: William J. O'Neil, City Engineer BY: Joe Stofa, Jr., Associate Engineer SUBJECT: ACCEPTANCE OF OFFER OF RESERVE PARCELS FOR STREET PURPOSES, OFFERED AS ONE-FOOT WIDE LOTS A, B AND C OF TRACT 9521, AT THE TERMINI OF CARRARI COURT, WHIRLAWAY STREET AND KLUSMAN AVENUE, LOCATED WEST OF ARCHIBALD AVENUE AND NORTH OF HILLSIDE ROAD RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the three one-foot reserve parcels for street purposes on Carrari Court, Whirlaway Street and Klusman Avenue and authorize the Mayor and City Clerk to sign the Resolution approving same and cause same Resolution to record. BACKGROUND/ANALYSIS Tract 9521 was processed in the County of San Bernardino prior to the City's incorporation. It was the County's policy to reserve a one-foot wide strip of land at the terminus of the three streets, which would later be vacated when the streets extended. At this time, an application for a new single-family home is in process, DRC2002- 00322, and wishes to take access from Whirlaway Street over Lot A of Tract 9521. Within the same tract, two other soon to be extended streets need to have similar one-foot strips vacated. The City is now ready to accept the reserve parcels for street purposes. Respectfully submitted, City Engineer WJO:SH:sc Attachment .5'.5 VICINITY MAP CITY OF RANCHO CUCAMONGA N WHIRLAWAY RESERVE PARCELS ,5'4. RESOLUTION NO. O Z' 2 ~':~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN OFFER OF RESERVE PARCELS FOR STREET PURPOSES, OFFERED AS ONE-FOOT WIDE LOTS A, B AND C OF TRACT 9521, AT THE TERMINI OF CARRARI COURT, WHIRl_AWAY STREET AND KLUSMAN AVENUE, LOCATED WEST OF ARCHIBALD AVENUE AND NORTH OF HILLSIDE ROAD WHEREAS, the offer of reserve parcels for road purposes to the City of Rancho Cucamonga, State of California, for street purposes, is hereby accepted. Said property is described as follows: Lots A, B and C of Tract 9521 in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Map Book 138, Pages 49 and 50. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said reserve parcels are hereby accepted, and the Mayor is authorized to sign this resolution and the City Clerk is hereby authorized and directed to cause a certified copy of this resolution to filed for record in the office of the County Recorder of the County of San Bernardino, State of California. RAN C H O C U C A M O N G A ENGINEERING DEPARTMENT S tffReport DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mark N. Brawthen, Contract Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 15732, LOCATED AT THE SOUTHEAST CORNER OF CENTER AVENUE AND DORSET STREET, SUBMITTED BY W.F. CONSTRUCTION, INC. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Parcel Map 15732, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Parcel Map 15732, located at the southeast corner of Center Avenue and Dorset Street, in the Industrial District (Subarea 17) of the Industrial Area Specific Plan Development District, was approved by the Planning Commission on February 27, 2002, for the division of 2.71 acres into three parcels. The Developer, W.F. Construction, Inc., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $26,700.00 Labor and Material Bond: $13,350.00 Copies of the agreement and security are available in the City Clerk's Office. CITY COUNCIL STAFF REPORT PM 15732 November 6, 2002 Page 2 The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Respectfully submitted, City Engineer WJO:MNB:sc Attachments City of Rancho CucamonRa SOL ,ON NO. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15732, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 15732, submitted by W.F. Construction, Inc. and consisting of three pamels located at the southeast comer of Center Avenue and Dorset Street, being a division of Tract No. 11428, Lot 11, was approved by the Planning Commission of the City of Rancho Cucamonga, on February 27, 2002, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Parcel Map No. 15732 is the final map of the division of land approved as shown on said Tentative Parcel 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 W.F. Construction, Inc. as developer; and WHEREAS, said Developer submits for approval said Parcel 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 C1TY 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 Parcel Map No. 15732 is hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~,a~ ' ~ ~}5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 15732 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. 3B, 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 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 Califomia ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the 'Territory") be annexed to the Maintenance Districts in order to provide 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. PM 154732 November 6, 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 XII1D 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: THE FOX FAMILY TRUST DATED APRIL 12, 1999 AND THE WILKINS FAMILY TRUST DATED DECEIVIBER 7, 1999 The legal description of the Property is: TENTATIVE PARCEL MAP NO. 15732, BEING A SUBDIVISION OF THE FOLLOWING DESCRIBED PROPERTY: LOT 11 OF TRACT NO. 11428, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 158 OF MAPS, PAGES 19, 20 AND 21, RECORDS OF SAID COUNTY. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. EXHIBIT ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B L£ F_ND 14, P, SV DOR'$~T ST, t I575Z .T't~RF...E PARd£ L.5 (OmCZOo{-oo57o) I I { I t A CITY OF RANCHO CUCAMONGA ~O~T. COUNTY OF SAN BERNARDINO STATE OF CALIFO~IA (~C200]-00~ SHEET Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMI) #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park (not including the stadium, parking lots or the maintenance building. 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. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Exhibit "B" continues Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: PM 15732 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD#6 6 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA ...... 17 L3B --- *Existing items installed with original project Assessment Units by District Parcel Acres S 1 S 6 L 3B N/A 3.01 6.02 3.01 3.01 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and lT~e. llnit Tyne Units l]nit~ Factor ITnit~ tTnit Revenue Commflnd Acre 2115.92 1.0 2115.92 $352.80 $746,496.58 The Proposed Annual Assessment against the Property (PM 15732) is: 2.71 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $956.09 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 l,and ll~e lInit Tyne l}'nits llnlt~ Factor llnits llnit 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 (PM 15732) is: 2.71 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $96.31 Annual Assessment Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and II~e ITnit Tyne llnit~ lTnit~ Faclnr lInit~ Ilnil R~venne CommJlnd Acre 1,994.74 1.00 1,994.74 $51.40 $102,529.64 The Proposed Annual Assessment against the Property (PM 15732) is: 2.71 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $139.29 Annual Assessment R A N C H O C U C A M O N G A 1~ NGIN I~E 1~1 N G D~:PAI~ TH 1~ N T Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 FOR TRACT MAP 16334, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ROCHESTER AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SUBMITTED BY RICHMOND AMERICAN HOMES, INC., A COLORADO CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract Map 16334, accepting the subject agreement, securities and monumentation cash deposit, ordering the annexation to Landscape Maintenance District No. 2 and Street Light!ng Maintenance District Nos. 1 and 3 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tract 16334, located at the southeast corner of the intersection of Rochester Avenue and the Southern Pacific Railroad right-of-way, in the Low Medium Residential District (4-8 dwelling units per acre) of the Victoria Planned Community, was approved by the Planning Commission on August 14, 2002, for the division of 8.4 acres of land into 38 single-family units. The Developer, Richmond American Homes, Inc., a Colorado Corporation, is submitting an agreement and securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond $367,200.00 Labor and Material Bond: $183,600.00 Monumentation Cash Bond: $ 4,300.00 CITY COUNCIL STAFF REPORT TRACT 16334 November 6, 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 Developer are on file in the City Clerk's office. Respectfully submitted,. W~O'Neil City Engineer W JO:WV:sc Attachments 7/ N CITY 017 1TEM: ~ RANCHO CUCAMONGA Trm.~.: VX~!,41/T)" _IvIA?. ENG~.~ING DIVISION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16334, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Tract Map 16334, submitted by Richmond American Homes, Inc., a Colorado Corporation, located at the southeast comer of the intersection of Rochester Avenue and the Southern Pacific Railroad right-of-way, for the development of 38 single-family units on 8.4 acres of land, was approved by the Planning Commission of the City of Rancho Cucamonga, on August 14, 2002, 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. 16334 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 Securities by Richmond American Homes, Inc., a Colorado Corporation, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Securities 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 and the final map delineating the same for said Tract Map No. 16334 is hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAIJFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16334 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. 3 (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 XITID") 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 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 7¢ RESOLUTION NO. TRACT 16334 November 6, 2002 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Temtory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIlD 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: RICHMOND AMERICAN HOMES OF CAI.IFORNIA, INC., A Colorado Corporation The legal description of the Property is: SEE ATTACHED The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. LEGAL DESCRIPTION: IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 524, RECORDED ON OCTOBER 10, 2002, FILED AS DOCUMENT NO. 2002- 540224, RECORDS OF SAID COUNTY AND THE LAND SHOWN ON A DEED RECORDED ON SEPTEMBER 10, 2002 AS DOCUMENT NO. 2002-474825 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THE SE N OF THE SE N OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 6 WEST, SBBM. 77 ...... ~~4ff--..~/---~ ........ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 2 STR.EET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 ~'~~/~ht-oFi~y-- -. 5 .-~ 18 SAGEMONT DRIVE I~ . 19 ~ 25 I~ Z 20 24 $$ 37 21 2 36 3~ 35 38 23 22 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BE~A~INO STATE OF CALIFO~IA 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 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 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 Linc 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. Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 16334 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 3* ......... SLD#3 8 ............ Community Trail Turf Non-Tuff Trees Landscaping DGSF SF SF EA L 2 ...... 14,414 50 *Existing items installed with original project Assessment Units by District Parcel DU S 1 S 3 L 2 38 38 38 38 Annexation Date: November 6, 2002 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2002/03. The 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 Comm/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 (TR 16334) is: 38 Parcels x 1 A.U. Factor x $422.00 Rate Per A.U. = $16,036.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 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 ll~e Ilnit Tyne IInit~ 1 lnit~ Factor Units Unit Revenne 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 Acm 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 16334) is: 38 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $675.26 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 l.and lT~e. lIni! TvI)c lTnit~ Ilnits FZaclnr I lnit~ IInit Revenue Single Parcel 5001 1.00 5001 $47.15 $235,797.15 Family 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 (TR 16334) is: 38 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. = $1,791.70 Annual Assessment T H E C I T Y 0 F I~ANCHO CUCAHONGA Memorandum DATE: November 5, 2002 TO: Mayor and City Councilmembers Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director SUBJECT: November 6, 2002 City Council Agenda - Consent Calendar Items 10 and 11 Two agenda items were inadvertently duplicated on the November 6th City Council agenda - Consent Calendar numbers 10 and 11. In addition, the approval of the proposed 99 year ground lease with J. Filippi Winery was omitted from the Consent Calendar agenda. At the November 6~ meeting, the City Manager will read into the minutes the following: · item 10 (page 83) is a duplicate and no action is required · An additional item will be added to the Consent Calendar: APPROVAL AND AUTHORIZATION TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND J. FILIPPI WINERY FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD. A copy of the staff report and associated Ground Lease for this action are attached. Please call me if you have any questions regarding the revised agenda item. T H E C I T Y 0 F ]~A N C iI 0 C U CAH 0 N CA DATE: November 6, 2002 TO: Mayor and City Councilmembers Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: APPROVAL AND AUTHORIZATION TO EXECUTE A GROUND LEASE AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND J. FILIPPI WINERY FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute a ground lease agreement between the City of Rancho Cucamonga and J. Filippi Winery for property located at 12467 Base Line Road. BACKGROUND/ANALYSIS: Under separate action, the City of Rancho Cucamonga accepted property located at 12467 Base Line Road from the Redevelopment Agency, and assignment of the existing lease. The property is being transferred because it is no longer being considered as an affordable housing site due to the desire to maintain the historic and cultural value the property provides to the community. Towards this goal, the City Council has directed staff to prepare a long term ground lease providing the following terms: · 99-year lease of the entire property · Preservation of a minimum 4-acres to be planted in permanent vineyard · Maintenance of a Historical and Cultural Museum that is open to the public · Preservation of Agency-owned artifacts Page 2 November 6, 2002 · Property uses are restricted to Winery and Winery related uses · All building and land improvements needed for the winery operation are the responsibility of the Tenant · The Tenant accepts the building and property in an "as is" condition · Resale, transfer and refinance restrictions A long-term ground lease agreement providing for the terms outlined above has been accepted by J. Filippi Winery and recommended for signature by the City Attorney. Respectfully submitted, Linda D. Daniels Redevelopment Director T H E C I T Y O F ~ANCHO CUCAMONGA Staff Report DATE: November 6, 2002 TO: Mayor and City Councilmembers Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: APPROVAL TO ACCEPT PROPERTY LOCATED AT 12467 BASE LINE ROAD FROM THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RECOMMENDATION: It is recommended that the City Council accept real property located at 12467 Base Line Road from the Rancho Cucamonga Redevelopment Agency. BACKGROUND/ANALYSIS: In 1993, under the Redevelopment Agency Affordable Housing Landbanking Policy, the Agency purchased property located at 12467 Base Line Road as a potential affordable housing site. The Redevelopment Agency has explored developing affordable housing and has determined that they will no longer pursue this type of project at the site. Recognizing the cultural and historical significance of the property, the Agency has recommended the transfer of title to the City. Acceptance of the property will allow the City to maintain the historical integrity of the site as a cultural asset to the community. As part of the transfer action, the Agency is responsible for reimbursing the Agency's Affordable Housing Fund for the value of the property. The approval of the reimbursement to the Housing Fund is a related action item that is on the Agency's agenda. Respectfully submitted, Redevelopment Director T H C I T Y 0 F RANCHO CUCAMONGA Staf:f Report DATE: November 6, 2002 TO: Mayor and City Councilmembers Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: APPROVAL TO ACCEPT PROPERTY LOCATED AT 12467 BASE LINE ROAD AND ASSUMPTION OF EXISTING LEASE WITH J. FILIPPI WINERY (CO-PA 98-020) FROM THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RECOMMENDATION: It is recommended that the City Council accept real property located at 12467 Base Line Road from the Rancho Cucamonga Redevelopment Agency and assume the existing lease with J. Filippi Winery. BACKGROUND/ANALYSIS: In 1993, under the Redevelopment Agency Affordable Housing Landbanking Policy, the Agency purchased property located at 12467 Base Line Road as a potential affordable housing site. The Redevelopment Agency has explored developing affordable housing and has determined that they will no longer pursue this type of project at the site. Recognizing the cultural and historical significance of the property, the Agency has recommended the transfer of title to the City. Acceptance of the property will allow the City to maintain the historical integrity of the site as a cultural asset to the community. The Agency also has an existing lease with J. Filippi Winery for a portion of the property, which will be assigned to the City in conjunction with this action. Page 2 November 6, 2002 As part of the transfer action, the Agency is responsible for reimbursing the Agency's Affordable Housing Fund for the value of the property. The approval of the reimbursement to the Housing Fund is a related action item that is on the Agency's agenda. Respectfully submitted, Linda D. Daniels Redevelopment Director I~ A N C h O C U C A M O N G A ENGINEERING DEPARTMEi~T/PUBLIC WORKS DATE: November 6, 2002 ~ Mayor and Membem of the City Council Jack Lin, AICP, City M~ager ~OM: William J. O'Neil, City Engineer BY: Jeff Braes, Pinks ~d L~dscape M~ntenance Superintendent ~: APPRO~ CONTACT A~~ ~TH ~POSA HORTIC~T~L ENTE~SES, INC. FOR THE MAINTENANCE CONTACT FOR GE~L FU~ AND L~ 1 PAR~ A~ SITES (CO 93-006). ~CO~ATION It is reco~ended that the City Council approve a con~act ~endment with M~posa Ho~icultural Ente~ses, Inc. to ~co~oratc ~e special provisions for ~e op6on of con~ac~g for mo~g se~ices at 5 P~k sites ~th ~e ab~W of ad~g ~e sires as des~ed. ~s has been budgeted ~ ~e current budget and w~ bc ~dcd Gore account n~bcr 1131303-~300, not to exceed $47,000. BACKGRO~D/ANALYSIS With the continuing development of new p~k sites, we are endeavoring a new progr~ ~at blends contract ~d in-house resources to accomplish the ~y-to-day mainten~ce tasks. The obj~tive is to have contract labor pedo~ the low-tech, labor/equipment intensive tasks, while the City staff reruns the more technical m~ntenance functions such as ballfield and playground maintenance, p~ning, i~igation management, sMety checks, fe~ilizer and pesticide applications. Respectfully sub~tte~, Cit~ Engineer ~JO:JB:ju ADDENDUM Maintenance Contract for General Fund and LMD 1 Parks and Landscaped Sites, CO-93-006 This addendum incorporates the special provisions for the option of contracting for mowing services at selected Park sites throughout the City of Rancho Cucamonga. TURF MOWING OPERATION Mowing operations shall be performed in a professional manner that insures a smooth surface appearance without scalping, shredding or allowing excessive cuttings to remain. Turf shall be mowed with a rotary type, mulching mower, approved by the City. Mowing height shall be 2.5 inches dUring the weekly schedule and 2 inches during the bi-weekly schedule unless directed otherwise by the City. Mowers must be properly adjusted and blades shall be kept sharpened to provide a clean cut, and adequately mulch the clippings and other organic debris. Mowing at each facility shall be completed in one operation on a schedule that is acceptable to the City. No moWing will be scheduled for weekends or holidays unless approved by the City Engineer. Concurrent with each mowing operaton, all turf.gsass borders shall be heady and uniformly edged, and fixtures in turf areas shall be mechamcally detailed with a line trimmer or similar device. Hardscape shall be cleaned mediately following each mowing so that no clippings create a hazardous or unsighdy condition. Blowers utilized for this operation shall be the reduced decibel type. All turf must be mowed no less than once per week during the period of Maxch I to October 31 and at least every other week, or as needed during the period of November 1 to February 28. All mowing missed due to inclement weather shall be rescheduled within three working days. If necessary the City may change the annual schedule to allow for less than 43 mowings per year. All areas must be free of litter and debris before mowing. When necessary, turf shall be policed of all litter/debris. Litter may be placed in the paxk-site trashcans or dumpster. Excessively wet areas are to be avoided. Damaged sprinkler heads, valve boxes and hazardous conditions axe to be reported nnmediately. Addendum to Maintenance Contract for General Fund and Landscape Maintenance Dis~ict 1 Parks and Landscaped Sites (CO 93-006) November 6, 2002 Page Two ADDENDUM Maintenance Contract for General Fund and LMD 1 Parks and Landscaped Sites, CO-95-006 SCHEDULE OF UNIT COSTS AND LUMP SUM AMOUNTS Facility Turf Acreage Monthly Cost/Acre Kenyon Park 5.4 $947.97 Windrows Park 6.8 $1,193.74 Ellena Park 4.3 $754.87 Vintage Park 5.3 $930.42 Victoria Groves Park 5.8 $1,018.19 Future sites of similar size and Varies $175.55 design Mariposa Horticultural Enterprises, Inc. City of Rancho Cucamonga 15529 Arrow Highway Irwindale, CA 91706-2002 By: By: Terry Noriega, President William J. Alexander, Mayor Date: Date: Rancho Cucamonga BUILDING AND SAFETY Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John Thomas, AICP, Acting Building Official SUBJECT: APPROVE AND AUTHORIZE BEARD, PROVENCHER & ASSOCIATES, INC. AS THE SINGLE SOURCE SERVICE PROVIDER FOR BUILDING & SAFETY INSPECTIONS AND FIRE SPRINKLER SYSTEMS. THE CONTRACT IS SUBJECT TO THE SCOPE AND REQUEST FOR SERVICE BY THE DEVELOPMENT COMMUNITY. THE SERVICES WILL BE PERFORMED TO MEET THE SERVICE LEVEL OF THE PUBLIC AND THE DEVELOPMENT COMMUNITY. THE SERVICES WILL BE FUNDED FROM THE FOLLOWING ACCOUNT: 1001302-5300. RECOMMENDATION: It is recommended that the City Council approve and authorize the Professional Service Agreement with Beard, Provencher & Associates, Inc. (BPA)., to provide supplemenral plan review and inspection services as necessary to meet the on-going service requests of the development commun/ty and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: The City is currendy contracting with Beard, Provencher & Associates, Inc. (BPA)., to provide supplemental plan rev:Jew and inspection services. Utilizing contract services, such as Beard, Provencher & Associates, Inc. allows the City to achieve desired levels of customer service in responding to the specific needs of the public and development commurdty. Therefore, it is oux proposal to continue this contract until such time business needs deems it necessary to terminate the Agreement. Respectfully Submitted: John ~. Thomas, AICP Acting Building Official T H C I T Y 0 F ]~AN C H 0 C u CAM ON GA Slaff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: APPROVAL TO INCREASE THE CONTRACT AWARD WITH BOYLE ENGINEERING CORPORATION (CO 02-087) FOR PREPARATION OF CONSTRUCTION PLANS, SPECIFICATIONS, AND CONSTRUCTION COST ESTIMATES FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL, FROM HAVEN AVENUE TO APPROXIMATELY 1,200 FEET EAST OF ETIWANDA AVENUE, TO'BE FUNDED FROM ACCOUNT NO. · 11103165300 FOR THE AMOUNT OF $43,665. RECOMMENDATION: It is recommended that the City Council approve the additional award of $43,665 with Boyle Engineering Corporation and authorize the City Engineer to accept the change. BACKGROUND/ANALYSIS: On August 7, 2002, the City Council approved an agreement with Boyle Engineering Corporation to prepare the plans, specifications, and engineering necessary to construct the first phase of the Pacific Electric Inland Empire Trail. It has been determined that additional services are necessary to properly complete the engineering design. The expanded scope will provide aerial topographic map data, including field verification of important features such as underground utility lines and slope grades. This data will become the basis for preparing the preliminary and final engineering designs. The additional amount is to be funded from Account No. 11103165300. Brad Buller City Planner BB:DC:mlg Attachment: Letter from Boyle Engineering dated October 16, 2002 BOYLE 1501 Quail Street Newport Beach, CA 92660-2726 TEL: (949)476-3300 FAX: (949)721-7142 www. boyleengineering.com Mr. Dan Coleman October 16, 2002 City of Rancho Cucamonga 10500 Civic Center Drive P. O. Box 807 Rancho Cucamonga, CA 91729 PACIFIC ELECTRIC INLAND EMPIRE TRA1L Dear Dan: This is a letter confirming our conversation concerning the Mapping and Surveying. As we discussed last week, the files that we received from the 1987 files the City had in the area of the bike trail were unusable. We will authorize our subconsultant, APS, to provide the topographical survey as indicated below. The aerial topographic map, at a scale of 1"=20' with 1' contours extending 250' either side of the fight of way centerline, will be prepared for the project site. The map will show the Pacific Electric right of way, adjacent roads, building, fences, power poles, trees, brash, surface drainage facilities and other features. A field verification survey will be constructed to pick up topographic data such as manhole covers, valve boxes, and other within the right of way. Cross sections will be taken along the comdor centerline and along the northerly and southerly right of way boundaries at street crossings within the project limits. The following street crossings will be sectioned: i) Haven ii) Milliken iii) Kenyon Way iv) Rochester v) Day Creek vi) Victoria Park vii) Etiwanda Deliverables will include ground control values, cross section information, aerial contact prints, aero-triangulation results, paper check plots, and AutoCAD v2000 digital files as required for a typical Caltmns project. LTR COLEMAN 101402 BOYLEENGINEERIN~CORPORATION ~l October 16, 2002 Page 2 In addition, our subeonsultant, APS, will provide additional ground control, flying, and analytical aero triangulation to cover the reach from Haven Avenue easterly to Grove Avenue, a distance of approximately 3.7 miles. The deliverables for this additional reach will include ground control values, aerial contact prints, plus analytical aero triangulation results. AutoCAD 2000 digital files will not be produced and provided but will be available at an additional cost in the future. Attached is the fee proposal for these services. Please sign and return to me the enclosed copy of this letter indicating your concurrence, thereby enabling us to provide these services. Thank you Boyle Engineering Corporation City of Rancho Cucamonga Nancy Boyer Title: Project Manager OC-R02-300-00/INI/LTR COLEMAN 101402 Project Budget Pacific Electric Ih]land Empire Trail Improvements City of Rancho Cucamonga Rancho Cucamonga Phase I Aerial Mapping Pe~onn ,el Hours Task Descripfi°n ~:~ ~1 !., ~ ~ I'aSk ~ - Proiect InitiaUo~ ~m;m]~mpp~a~dF~IdSu~ 4 4 $ ~E4) S 23~S S 23.915 · wentoGro~ Ae~alMa~Ang $ $ 15.21~ $ 15,215 ~I 4 4 S 5~0 $ 5~,fi70 $ 39,130 Task ~ - Proiect Manauement Ra cho Cucamonga BUILDING AND SAFETY Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John Thomas, AICP, Acting Building Official SUBJECT: APPROVE AND AUTHORIZE ESGIL CORPORATION AS THE SINGLE SOURCE SERVICE PROVIDER FOR BUILDING PLAN REVIEW. THE CONTRACT IS SUBJECT TO THE SCOPE AND REQUEST FOR SERVICE BY THE DEVELOPMENT COMMUNITY. THE SERVICES WILL BE PERFORMED TO MEET THE SERVICE LEVEL OF THE PUBLIC AND THE DEVELOPMENT COMMUNITY. THE SERVICES WILL BE FUNDED FROM THE FOLLOWING ACCOUNT: 1001302-5300. RECOMMENDATION: It is recommended that the City Council approve and authorize the Professional Service Agreement with ESGIL Corporation, to provide supplemental plan review services as necessary to meet the on- going service requests of the development community and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: The City is currently contracting with ESGIL Corporation, to provide supplemental plan review services. Utilizing contract services, such as ESGIL Corporation, allows the City to achieve desired levels of customer service in responding to the specific needs of the pubhc and development commurfity. Therefore, it is our proposal to continue the existing contract. ~tted~~, Johgt~/L Thomas, AICP ActJffg BuildLng Official R A N C H O C U C A M O N G A ~ ~G I N I~I~I~IN G D IVl &l ON Staff rt DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William d. O'Neil, City Engineer BY: John Gonzales, Maintenance Supervisor SUBJECT: APPROVAL TO AWARD AND EXECUTE THE "PLAYGROUND SAND REPLACEMENT AT VARIOUS CITY PARKS" CONTRACT TO K C E CO. OF UPLAND, CALIFORNIA, IN THE AMOUNT OF $103,200 ($97,800 PLUS $5,400 CONTINGENCY) FUNDED FROM ACCOUNT NUMBERS 1120305-5650/1305120-0 ($69,700), 1120305-5650/1306120-0 ($20,500), AND 1120305-5650/1307120-0 ($13,000) RECOMMENDATION It is recommended that the City Council approve the award and execution of the Playground Sand Replacement at Various City Parks contract to K C E Co. of Upland, California, in the amount of $103,200 ($97,800 plus $5,400 contingency) funded from account numbers 1120305-5650/1305120-0 ($69,700), 1120305-5650/1306120-0 ($20,500), and 1120305- 5650/1307120-0 ($13,000). BACKGROUND/ANALYSIS Bids were solicited by public advertisement on September 24, 2002 and October 1, 2002. Nine bids were received and staff recommends award to the lowest responsive bidder, K C E Co. This project will replace sand at three local parks: Bear Gulch Park, Coyote Canyon Park, and Spruce Avenue Park and will create and maintain a safe play area. Respectfully submitted, City Engineer WJO:DC:ju BID SUMMARY PLAYGROUND SAND REPLACEMENT AT VARIOUS CITY PARKS OCTOBER 2002 Bidders Name Total Bid 1. America West Landscape $129,620.00 2. S. Parker Eng., Inc. $184,250.00 3. International Pavement Solutions $128,900.00 4. Wheeler Paving Inc. $210,000.00 5. DMA Contracting $116,200.00 6. EPS $172,741.00 7. JDC Inc. $182,000.00 8. KCE Co.* $97,800.00 9. S&M Landscape $163,113.00 *Lowest Apparent Responsive Bidder THE C I ~ Y OF I~AN Cfi 0 C U CAFI 0 N GA Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: AUTHORIZATION TO APPROPRIATE UP TO$150,000 INTO ACCOUNT NUMBER 1001314-5300 FOR CONTRACT SERVICES WITH LILBURN CORPORATION RELATING TO ENVIRONMENTAL REVIEW WORK IN ASSOCIATION WITH DEVELOPMENT PROJECTS AS REQUIRED BY CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). RECOMMENDATION: Staff recommends that the City Council approve and authorize the Professional Service Agreement with Lilburn Corporation and appropriate up to $150,000 to fund the environmental contract services for development projects. BACKGROUND/ANALYSIS: The City is currently contracted with Lilburn Corporation to provide the City with environmental services for development projects. Using contract services such as Lilburn Corporation, a firm specializing in environmental review, will expedite the CEQA process for development projects and achieve the desired level of customer service for the development oommunity. Staff proposes to continue this contract until such time business needs deem it necessary to terminate the contract. R e.,sC~ec~lly submitted,.~-~ Brad Buller City Planner BB:N~ma Attachment: Exhibit"A" - Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 2002, between the City of Rancho Cucamonga, a body corporate and politic (hereinafter referred to as "City"), I. ilburn Corporation, (hereinafter referred to as "Consultant"). A. Recitals 1. The City desires to obtain the services of the Consultant to assist the City Planner in the pedormance of the duties imposed upon the City Planner by the environmental review process (CEQA); and 2. The Consultant represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between the City and the Consultant as follows: B. Agreement 1. City's Responsibilities: The City, acting through its City Planner and his representatives, will do the following: a. Furnish the Consultant with copies of all standards, guidelines, codes, policies, regulations, ordinances, and other written materials having specific application with the City and used by the City to govern the development review process; b. Make available, by either sending U.S. Mail, UPS, Federal Express, messenger, etc., all records, reports, plans and other documents necessary for the Consultant to properly perform the services required by the City; c. Assign priorities for the order in which environmental reviews are to be conducted; d. The City shall compensate the Consultant for all services performed at the rate(s) shown on Exhibit "A" (attached); e. The City agrees to pay all undisputed invoice amounts within thirty (30) days of the invoice date. The City further agrees to notify the Consultant of any disputed invoice amounts within twenty (20) days of the invoice date; f. Payments shall be made to: Lilbum Corporation, 190.~ Business Center Drive, San Bernardino, California 92408. Phone: 909-890-1818. Fax: 909-890-1809. 2. Consultant's Responsibilities: The Consultant shall do the following: a. The Consultant is engaged to perform work as an independent contractor as assigned by the City. b. Payment for said work is to be made from invoices submitted by the Consultant and signed by an authorized representative for the City. c. No taxes will be withheld on behalf of the Consultant and the Consultant is responsible for payment of all taxes that may be due from sums paid under this agreement. d. The Consultant agrees to provide Nancy Ferguson and/or her designee whom will be under her supervision as the personnel exclusively responsible for providing environmental planning services related to development projects for compliance with CEQA. All final environmental products shall be reviewed by Nancy Ferguson. e. The Consultant shall check in at the Planning Division at least once a week on the day acceptable to the City Planner. The Consultant shall be responsible for obtaining all pertinent information necessary to prepare environmental review for the assigned development project and returning the prepared environmental documents and/or comments acceptable to the City Planner. f. The Consultant will perform the following services: i. Prepare Initial Studies, (Mitigated) Negative declarations, Mitigation Monitoring Programs, responses to comments, and required CEQA notices. ii. Review the completeness and adequacy of environmental studies, such as but not limited to, noise, biological, geological, arborist reports, and all necessary environmental documents for compliance with CEQA. g. The Consultant shall attend meetings with California Fish and Game and United State Fish and Wildlife Services, as deemed necessary by the City Planner. 3. Time for Performance: The Consultant shall complete the work within the timeframes for each development project in accordance with CEQA and the Permit Streamlining Act. 4. Non-exclusiveness of Services: The Consultant acknowledges that the City has entered, and may in the future, enter into contracts with other Consulting firms with services identical to those described herein to be performed contemporaneously with the services to be performed by the Consultant under this Agreement. The Consultant acknowledges that it is not the exclusive provider of the services herein described to the City, and that nothing contained in this Agreement shall obligate the City to provide the Consultant with the same or a greater or lesser volume of work than the City provides to any other Consultant pursuant to a similar contract. 5. Ownership of Documents: All plans, reports, and other design documents provided for environmental review by the City shall be deemed the property of the City. In the event the City and the Consultant permit the reuse of any plans, reports, or design documents previously reviewed for another project, the City shall require the party using them to indemnify and hold harmless the City and the Consultant for any results, consequences, acts, omissions, or occurrences in any way connected with such reuse or other use, and the City shall require the party using them to eliminate any and all references to the Consultant from the plans, specifications, reports, and other design documents. 6. Term: This Agreement may be terminated by either party, at any time with or without cause, upon thirty (30) days written notice. In the event of termination by the City, the Consultant shall be entitled to compensation within thirty (30) days of submittal of invoice for all costs incurred and fee earned for services periormed to the date of termination and/or cancellation. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph (7). The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: (City Contact) Rancho Cucamonga, CA 91729 (Consultant) i 8. Insurance: The Consultant shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to the City nor shall the Consultant allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The Consultant shall take out and maintain at all times during the term of this Agreement, the following policies of insurance: a. Worker's Compensation Insurance: Before beginning work, the Consultant shall furnish to the City a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The Consultant shall, prior to commencing work, sign and file with the City a certification as follows: "1 am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of this Agreement." b. Public Liability and Property Damaqe: Throughout the term of this Agreement, at the Consultant's sole cost and expense, the Consultant shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the City and the Consultant, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from Consultant's activities, providing protection of at least five hundred thousand dollars ($500,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least five hundred thousand dollars ($500,000.00) for property damage. c. Errors and Omissions: Not applicable d. General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only with responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8(a) and (b) shall name as additional insureds the City, its elected officials, officers, employees and designated agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the City and City's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by the City; and (3) they may not be canceled except after thirty (30) days notice by insurer to the City by first class mail. The Consultant shall furnish the City with copies of all such policies promptly upon receipt of them, or certificate evidencing insurance. The Consultant may effect for its own account insurance not required under this Agreement. 9. Indemnification: The Consultant shall defend, indemnify and save harmless the City, its elected officials, officers, employees, and agents from all liability from loss, damage, or injury to persons or property including the payment by the Consultant of any and all legal costs and attorney's fees, in any manner arising out of or incidental to the performance by the Consultant of this Agreement, resulting from the Consultant's negligent acts, errors or omissions, or other wrongful conduct including, but not limited to, all consequential damages, to the maximum extent permitted by laws. 10. Assignment: This Agreement shall not be assignable by either party without the prior written consent of the other party. 11. Damages: In the event that the Consultant fails to submit to the City the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of the City, within the time set forth herein, or as may be extended by written consent of the parties hereto, the Consultant shall pay to the City as liquidated damages an amount equal to any and all amounts paid by the City to the Consultant under the terms of this Agreement, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by the Consultant, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by the City, or by acts of God, acts of the public enemy, fire, flood, epidemic, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that the Consultant and its employees, officers, and agents are independent contractors under this Agreement. Consultant in performance of its duties pursuant to the terms of this Agreement shall have the powers, duties and protections afforded to the City Planner. However, as independent contractors, they shall not be construed for any purpose to be employees of the City. 13. Governing Laws: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: Should either party to this Agreement bring legal action arising out of this Agreement against the other, the case shall be litigated, tried or otherwise heard in San Bernardino County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 15. Entire Agreement: This Agreement represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. I¢1 IN WITNESS WHEREOF, the par~ies hereto have executed this Agreement as of the day and year set forth above: CONSULTANT CITY OF RANCHO CUCAMONGA Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney RECOMMENDED FOR APPROVAL City Planner LILBURN CORPORATION 1905 Business Center Drive San Bemardino, California 92408 STANDARD SCHEDULE OF CHARGES (Effective January 1, 2002) PROFESSIONAL SERVICF~ HOURLY RATE Principal* ................................................... . ........................... $150 Project Director* ............................................................................................................ $125 Senior Project Manager* .... ........................................................................................ $110 Environmental Analyst: * Senior Environmental Analyst ........... . ......................... $90 * Environmental Aa~yst ~ . , .................................................................... $75 * Environmental Analyst Il $65 · Bnvironmeatal Analyst I .................. $55 Pla~ner: · Senior Plan-er , . ' .................................................................................................. $90 · Planner Tlr ................... $75 · Planner II .......................................................... $65 · Planner I .......................................................................................................... $55 Biologist: * Senior Biologist ........................................ $65 * Biologist i7 ........................................................................................................ $55 * Biological Monitor ..................... $45 Designer/DraRer: ...... ' .................... · Senior Designer ........................ $75 * CAD Operator Il ......................................... . ................. $65 · CAD Operator I ....................................................................... .............. $50 Office Technician , , ...................................................................................................... $50 Word Processor .................................................................... $48 Student Intern ................................................................................................................... $45 *Expert w~mcss tcstunony billed two ~mes nom~al bffimg ral~$ with a r~,o hour mm~mtun, plus LILBURN CORPORATION STANDARD SCHEDULE OF CHARGES - Continued (Effective January 1, 2002) EXPENSES (Cost plus 10%) Travel (non-automobile) Lodging Auto and Track Rentals Specialty Equipment and Rentals Delivery Services Printh~ (Blueprints, Mylars, Photo Services, Color Copies, Specialty Supplies) OTHER DIRECT COSTS Subsistence (Meals) ............................................................................................. $30.00/day Auto Mileage ............... . ...... · ............... $0,3 S/mile Agency Permits/Fees ........... .......................................................... At Cost Consultants and Subcontractors ....................... . .............. Cost Plus 15% £o 3B~d d~OD N~n~I] 60BIO68606 ~E:BI R A N C H O C U C A M O N G A COMMUNITY SERVICES Staff Report DATE: November 6, 2002 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Dire r ~ BY: Dave Moore, Recreation Superintendent ~ ~v ~.. SUBJECT: APPROPRIATION OF FUNDS IN THE AMOUNT OF $25,000 AND APPROVAL OF AN AGREEMENT FOR REIMBURSEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO LITTLE LEAGUE AND VINEYARD LITTLE LEAGUE FOR THE ACQUISITION AND INSTALLATION OF ONE SCOREBOARD AT THE RANCHO CUCAMONGA EPICENTER AND SPORTS COMPLEX. (Account Number 1120305-5650/1449120-0) RECOMMENDATION: Staff recommends that the City Council appropriate $25,000 from the Park Development Fund (Account Number 1120305-5650/1449120-0) to fund the acquisition and installation of an electronic scoreboard at the Rancho Cucamonga Epicenter and Sports Complex that will be used jointly by Rancho Little League and Vineyard Little League. In addition, staff is requesting that the City Council approve the attached agreement between the City of Rancho Cucamonga, Rancho Little League and Vineyard Little League that calls for reimbursement by the leagues of one-half of the total cost for the acquisition and installation of same scoreboard. BACKGROUND/ANALYSIS: The terms of the attached agreement comply with the requirements of the "Scoreboard Purchase and Installation Request Policy" approved by City Council on April 5, 2000. Both Rancho Little League and Vineyard Little League currently share the ball diamond at the Rancho Cucamonga Epicenter and Sports Complex and are jointly requesting the purchase and installation of a new electronic scoreboard. As spelled our in the attached Agreement, each of the two organizations would be responsible for 25% of the total cost while the City would pay the other half as stated within the existing City Policy. 105 ,N31:~plblJon d Funds and ~ Acquisition November 6, 200~ Page2 FISC.~J. IMPACT: The City will initially be responsible for the entire cost ($25,000) for the acquisition and installation of the electronic scoreboard. Rancho Little League and Vineyard Little League will each reimburse the City $6,250or one quarter of the total cost ($25,000) of the installation of one electronic scoreboard at Rancho Cucamonga Epicenter and Sports Complex. Payment will be received by the City over a five-year period. In total, the two youth groups will reimburse the City one-half the total cost of the scoreboard purchase and installation. This complies with the requirements of the "Scoreboard Purchase and Installation Request Policy. Both or either groups may remit their balance due sooner then the scheduled five-year payment plan if they so desire. Based upon the projected costs of $25,000, Rancho Little League and Vineyard Little League will each reimburse the City $1,250 per year over a 5 year maximum timeframe. Should the final cost for the project amount to less than $25,000 then the annual payment will be recomputed to reflect the total cost. RespecE ~y submitted, Kevin M~ Communit,, Services Director KM/DM ATTACHMENT 1 Schedule of Payment Date Time Amount 06/01/2003 5:00 pm or earlier $1,250.00 06/01/2004 5:00 pm or earlier $1,250.00 06/01/2005 5:00 pm or earlier $1,250.00 06/01/2006 5:00 pm or earlier $1,250.00 06/01/2007 5:00 pm or earlier $1,250.00 Total Due $6,250.00 The above payment schedule applies to both Rancho Little League and Vineyard Little League as each organization is responsible to remit $6,250 within five years. Any amount paid over the scheduled amount will be credited to the overall balance due. ATTACHMENT 2 UNSECURED PROMISSORY NOTE $6,250 each Rancho Cucamonga, California November 6, 2002 FOR VALUE RECEIVE, the undersigned Rancho Little League and Vineyard Little League ("Borrowers") each promises to pay to the City of Rancho Cucamonga ("Lender"), on order, the sum of Six Thousand Two Hundred Fifty Dollars and no cents, without interest, in conformance with the terms of this promissory note. 1. Borrowers shall each pay the sum of Six Thousand Two Hundred Fifty Dollars and no cents ($6,250) or any lesser amount then due, as measured by payments received by Lender from Borrowers pursuant to the Agreement, all as pursuant to the terms and conditions of the Community Facilities Funding Agreement by and between Lender and Borrowers dated as of November 6, 2002 (the "Agreement"). 2. No interest shall accrue upon the sum due to the Lender under this Promissory Note except as provided in paragraph 4 hereunder. 3. The Promissory Note shall become due and payable immediately upon breach of the Agreement. Upon ~atisfaction by Lender of the requirements contained in the Agreement, this Promissory Note shall terminate. 4. If default be made in the payment of any sums due or in the performance of any of the terms, conditions and covenants of this Promissory Note, or the Agreement, then, or at any time thereafter at the option of Lender, the entire remaining principal balance of this Promissory Note shall come due and be payable without notice of the exercise of such option and without demand or presentment and from the time of such exemise of such option shall bear interest at the rate of fifteen percent (15%) per annum until the same is paid. The failure of lender to exercise this option or any other right to which the Lender may be entitled shall not constitute a waiver of the right to exercise said option or any other right in the event of any subsequent default. 5. If in the opinion of the Lender it becomes necessary to employ counsel to collect or enfome this Promissory Note or to protect the security of the same, the undersigned agrees to pay, to the extent permitted by law, all costs, charges, disbursements and reasonable attorneys' fees incurred by Lender in collecting or enfoming this Promissory Note or in protecting said security. 6. The undersigned and all persons liable hereon or liable for the payment of this Promissory Note waive presentment for payment, demand, protect, notice or nonpayment, and consent to any and all renewals, extensions or modifications which might be by Lender hereof made except to the extent that rights of presentation are specifically reserved in this Promissory Note or in the Agreement. Further, this Promissory Note may be modified from time to time or released in whole or in part without affecting the liability of any party liable hereon or for the payment of this Promissory Note. 7. This Promissory Note shall be construed according to the laws of the State of California. 8. The person(s) executing this Promissory Note on behalf of Borrowers represent and warrant that they are authorized and have been properly instructed to execute this Promissory Note on behalf of Borrows and to so obligate Borrowers to all the terms and conditions set forth herein and in the Agreement. Executed at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California on the date first above written. Borrower(s): Rancho Little League Borrower(s): Vineyard Little League Representative Representative COMMUNITY FACILITIES FUNDING AGREEMENT This Community Facilities Funding Agreement ("Agreement") is entered into this 6t~ day of November, 2002, by and between the City of Rancho Cucamonga ("City"), Rancho Little League and Vineyard Little League. I. Intent of the Parties. City owns a public park commonly known as Rancho Cucamonga Epicenter and Sports Complex ("Park"). Park is improved for use by sports teams operating under the regulation of Rancho Little League and Vineyard Little League. Rancho Little League and Vineyard Little League desire to make a gift to City of one (1) electronic scoreboard for use by the public in conjunction with the use of Park. The scoreboard and associated installation services and materials cost are projected at $25,000 or less. City has agreed to pay for the cost of the acquisition and installation of the one scoreboard, subject to the promise by Rancho Little League and Vineyard Little League to each reimburse the City one quarter of the costs associated with such gift. The parties intend this Agreement to identify the gift and (ii) to memorialize the obligation of Rancho Little League and Vineyard Little League to reimburse City the costs identified hereafter. II. Description of Gift. Rancho Little League and Vineyard Little League have agreed to provide to City, as an irrevocable and unconditional gift, the equipment and construction services concerning one electronic scoreboard. This shall, collectively and individually, be referenced as the "Gift." The schedule of development of the Gift in the Park is as follows: Commencement Date: June 1, 2002; Completion Date; on or before June 1, 2007. III. Promise of Rancho Little League and Vineyard Little League to Pay Monies to City. Rancho Little League and Vineyard Little League hereby agrees, without condition or restriction, to each pay to the city by delivery of the sums due to the City Manager at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, one quarter the amount of $25,000 which is $6,250 or the portion thereof then due and payable; this amount is the value to City of the Gift. The schedule describing the dates, times and amounts for reimbursement is attached as Attachment 1 and hereby incorporated by reference. The indebtedness described above shall be memorialized by Rancho Little League and Vineyard Little League's execution of a promissory note (Note) in the form attached hereto as Attachment 2. City, Rancho Little League and Vineyard Little League agree that City would not have installed any or all of the individual components comprising the Gift but for Rancho Little League and Vineyard Little League's promise to pay the value of the Gift as set forth above. IV. Acknowledgement of No Obligation on City. Rancho Little League and Vineyard Little League agrees that city, by its acceptance of the Gift and the promise to pay by Rancho Little League and Vineyard Little League is under no obligation to Rancho Little League and Vineyard Little League of any type or nature. City may (i) use and/or maintain or elect not to use and/or maintain the Gift, or any portion thereof; (ii) allow any member of the general public to use the Park or the Gift in portion thereof; (iii) exclude Rancho Little League and Vineyard Little League from using the Gift or the Park in accord with City's discretion and (iv) impose any fees, rules, regulations or restrictions on the Park, the Gift or any portion of either in its sole discretion without incurring liability or being in breach of this Agreement. Rancho Little League and Vineyard Little League acknowledges the City is accepting the Gift for and on behalf of all residents and citizens in the City of Rancho Cucamonga and that all residents and citizens have a fair right to use the Park, including the Gift or any portion thereof. V. General Provisions. 1. Indemnification. Rancho Little League and Vineyard Little League shall defend, indemnify and save harmless City, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment of Rancho Little League and Vineyard Little League of any and all legal costs and attorneys' fees, in any manner arising out of the act and/or omissions of Rancho Little League and Vineyard Little League pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 2. Assignment. No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by Rancho Little League and Vineyard Little League without the prior written consent of City. 3. Independent Contractor. The parties hereto agree that Rancho Little League and Vineyard Little League and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of the City. 2 4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5. Attome¥'s Fees. In the event any legal proceeding is instituted to enfome any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party (s) in an amount determined by the court to be reasonable. 6. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. RANCHO LITTLE LEAGUE VINEYARD LITTLE LEAGUE President President Secretary Secretary CITY Mayor ATTEST: City Clerk 3 //2. Rancho Cucamonga BUILDING AND SAFETY Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John Thomas, AICP, Acting Building Official SUBJECT: APPROVE AND AUTHORIZE WII,I,DAN AS THE SINGLE SOURCE SERVICE PROVIDER FOR BUILDING & SAFETY INSPECTION AND ON-SITE WATER AND SEWER PLAN REVIEW/INSPECTIONS. THE CONTRACT IS SUBJECT TO THE SCOPE AND REQUEST FOR SERVICE BY THE DEVELOPMENT COMMUNITY. THE SERVICES WILL BE PERFORMED TO MEET THE SERVICE LEVEL OF THE PUBLIC AND THE DEVELOPMENT COMMUNITY. THE SERVICES WILL BE FUNDED FROM THE FOLLOWING ACCOUNT: 100130245300. RECOMMENDATION: It is recommended that the City Council approve and authorize the Professional Service Agreement with Willdan, to provide supplemental plan reviexv and inspecfon services as necessary to meet the on-going service requests of the development community and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: The City is currently contracting with Willdan, to provide supplemental plan review and inspection services. Utilizing contract services, such as Willdan, allows the City to achieve desired levels of customer service in responding to the specific needs of the public and development community. Therefore, it is our proposal to continue the existing contract. Acting Building Official //$ T H E C I T Y 0 F ~ANCHO CUCAHONGA Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, Principal Planner SUBJECT: AUTHORIZATION TO APPROPRIATE AN ADDITIONAL $160,000 INTO ACCOUNT NUMBERS 1001000-4509 (PLANNING-SPECIAL SERVICE FEES) AND 1001314-5303 (CONTRACT SERVICES-REIMBURSABLE) TO FUND A DEVELOPER-REIMBURSED ENVIRONMENTAL IMPACT REPORT (EIR) FOR A 359 LOT SUBDIVISION, DEVELOPMENT AGREEMENT, AND ANNEXATION APPLICATION AND TO FUND FUTURE PROJECTS ANTICIPATED FOR FISCAL YEAR 2002/03. RECOMMENDATION It is recommended that the City Council authorize an additional appropriation in the amount of $160,000 into account numbers 1001000-4509 (Planning-Special Service Fees) and 1001314-5303 (Contract Services-Reimbursable) to fund a developer-reimbursed Environmental Impact Report (EIR) for a 359-1ot subdivision located at the northeast corner of Etiwanda and Wilson Avenue within the Rancho Cucamonga Sphere of Influence and to fund future projects anticipated for fiscal year 2002/03. BACKGROUND Council approved a contract with Michael Brandman Associates on July 17, 2002 to complete an environmental impact report for $162,453.00. This project was originally budgeted for $40,000. However, because of an increase in the scope of the project, the cost increased to $162,453 resulting in a budget shortfall of $122,453. The above recommendation would provide the necessary funding for this cost increase, which will be fully paid for by the developer, and will also provide funding for future projects anticipated for fiscal year 2002/03. Respecff~ully submitted, City Planner BB:LH/Is R A N C H O C U C A M O N GA ENGINEERING I~EPARTMENT S fReport DATE: November 6, 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 98-26, SUBMI'I-rED BY NORM WILSON & SONS, INCORPORATED, LOCATED ON THE NORTHEAST CORNER OF PITTSBURGH AVENUE AND MISSION VISTA DRIVE RECOMMENDATION: The required improvements for CUP 98-26 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 98-26, located on the northeast corner of Pittsburgh Avenue and Mission Vista Drive, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Coundl release the existing Faithful Performance Bond. Developer: Norm Wilson & Sons, Incorporated 8125 Somerset Boulevard Paramount, CA 90733 Release: Faithful Performance Bond 08085440 $16,000.00 Res.~_.e. cffully submitted, Wi ial~j~ J. O'Neil City Engineer //5 [] ARRO¥ i~UP 98-26 6TH ST A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 95-26 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 98-26, 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. //7 R A N C H O C U C ^ M O N GA ENGINEERING DEPARTMENT DATE: November 6, 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 99-10, LOCATED ON THE SOUTHEAST CORNER OF CARNELIAN AND NINETEENTH STREETS, SUBMITTED BY EVERGREEN DEVCO, INCORPORATED RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for CUP 99-10, located on the southeast corner of Carnelian and Nineteenth Streets, submitted by Evergreen Devco, Incorporated. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: Evergreen Devco, Incorporated 2920 Camelback Read, Suite 100 Phoenix, AZ 85016 Respectfully submitted, Will~J. O,~Ne i~L~ City Engineer WJO:LRB:Is R A N C H O C U C A M O N G A f~NGIN EEI~I'~ G I~EpAI~hENT Staff Report DATE: November 6, 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 DR 99-61, SUBMITTED BY 7TH STREET PACIFIC, LLC, LOCATED AT THE NORTHWEST CORNER OF 7TH STREET AND MALACHITE AVENUE RECOMMENDATION: The requJred improvements for DR 99-61 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 DR 99-61, located at the northwest corner of 7th Street and Malachite 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: 7th Street Pacific, LLC 2240 University Drive, Suite 100 Newport Beach, CA 92660 Release: Faithful Performance Bond 83 S 103335960 $18,000.00 Respeel~Jlly submitted, Willi~,f J. O'Neil City Engineer WJO:LRB:Is Attachments '1~1s'r II II II'-ll~/'-'ni ~ VICTORIA RESOLUTION NO. OZ° 2 ~ A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-61 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DR 99-61, 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. 122 TH CITY OF I~AN Cfi 0 C U CAM 0 N GA S tf:f Report DATE: November 6, 2002 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Douglas Fenn, MPA, Associate Planner SUBJECT: DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR LIVING - A proposed Development Agreement to permit a parking ratio of 1.15 parking space per unit for an age-restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairway View Place and 6th Street - APN: 210-082-53 thru 57. RECOMMENDATION: At its October 23, 2002, meeting, the Planning Commission recommended that the City Council approve the subject development agreement. This recommendation was made in conjunction with City Planner approval of a development proposal for a senior apartment project proposed on the southwest corner of Fairway View Place and 6th Street within Planning Area 8 of the Subarea 18 Specific Plan. BACKGROUND & ANALYSIS: Please refer to the attached Planning Commission report, dated October 23, 2002. 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. ACTION: If the City C. ouncil concurs with the findings of the Planning Commission, it would be appropriate for the City Council to approve the amendment by the adoption of the attached Ordinance. Brad Buller City Planner BB:DF-',ma Attachments: Exhibit "A" - October 23, 2002, Planning Commission Staff Report Ordinance for Development Agreement DRC2002-00770 THE C ~ T Y OF I~ANCHO CDCAMONGA StaffRe rt DATE: October 23, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Bullet, City Planner BY: Douglas Fenn, MPA, Associate Planner SUBJECT: DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR LIVING - A proposed Development Agreement to permit a parking ratio of 1.15 parking space per unit for an age-restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairview Place and 6th Street - APN: 210-082-53 thru 57. 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 City Council on October 2, 2002, approved by Ordinance, 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 8 (Office/Industrial/Mixed Use Commercial) on the subject site. Pursuant to the Subarea 18 Specific Plan (Empire Lakes), the City Planner has authority to approve the project following Planning Commission approval of this Development Agreement. B. Surroundinq Land Use and Zoninq: North Multi-Family Residential (Jefferson Apartments - JPI); Planning Area 9 South Multi-Family Residential (Ironwood Apartments - Fairfield) and vacant land; Planning Area 6 and Planning Area 8 East Vacant Land and various industrial buildings; Industrial Park (Subarea 12) West Empire Lakes Golf Course; Planning Area lA C. General Plan Desiqnations: Project Site - Mixed Use North Mixed Use South Mixed Use East Industrial Park West Open Space PLANNING COMMISSION STAFF REPORT DRC2002-00770 - KISCO SENIOR LIVING O~ober 23, 2002 Page2 D. Site Characteristics: The site has been rough graded and slopes to the south at approximately 2 to 3 percent. Fairway View Place traverses Planning Area 8 and connects to 6th Street to the north and Milliken Avenue to the east. The senior apartments proposed to be developed are on the westerly 10 acres of Planning Area 8. ANALYSIS: A. Parking Calculation/Development Agreement: The applicant has submitted a Trip and Parking Analysis for the project in order to justify a reduced parking ratio for the senior apartment project. The study, analyzing three other similar "market rate" senior apartment projects in Orange County and Los Angeles determined that .95 parking ratio was typically adequate for senior apartments. Their study concluded that 85 percent of their tenants are single without a need for a second car. The applicant is actually proposing 1.15 spaces per unit. The Development Agreement will effectuate the parking ratio of 1.15 spaces per unit, and in return the project will be restricted as a senior apartment complex for the life of the structure. The Development Agreement requires that the applicant record a Restrictive Covenant with the property so that all future owners are obligated by the restriction. The Restrictive Covenant will also include that "at least one resident in each dwelling unit in the project shall be at least 55 years of age and that each other resident in the same dwelling unit shall be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (h) of Civil Code Section 51.3 or under subdivision (b) of Civil Code Section 51.4." 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. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the requested Development Agreement DRC2002-00770 and forward it to the City Council for final action. Brad Buller City Planner BB:DF:mlg Attachments: Exhibit "A" Cover Letter/Proposed Development Agreement Exhibit "B" Applicants Materials Exhibit "C" Site Plan Draft Resolution of Approval Charles Jose h Associates PUbLIC/PRIVATE SECTOR M^NAGEM~NT SERVICES October 14, 2002 .~¥ OF I-IAi~lCH0 CUCAM~GA Doug Fenn, Associate Planner City of Rancho Cucarnonga OCT ~. P. o. Box 807 Rancho Cucamonga, CA 91729-0807 R~CEIVED Re: Kisco Senior Living Development Agreement Issues Follow*up Resident Age Restriction and Parking Ratio - DRC2002-00499 Dear Doug: This is as a follow~up to our telephone conversalions with you last week at your office and review of the points of our discussion with Tony Ferre~o of Kisco Senior Living concerning the referenced matter as requested by your office. This correspondence is to acknowledge, our client's concurrence with the 1.2 Parking Ratio supported by City Planning Staff as per the Development Agreement for t~is project. This Development Agreement document also includes a covenant lhat this project will be 55 and over age-res~'icted, consistent with the residency operating cdteda previously provided to the City by Kisco. As you are well aware, the Empire Lakes Center is a master-planned mixed-use development comprised of vadous industrial, office and residential projects surrounding the Empire Lakes Golf Course. Market research conducted by our client for the proposed location has determined that them is a substantial demand for an over-55 residential community located in proximity to high quality general occupancy mul§family, 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 p~ofessional 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 addi§onal information concerning this matter. Sincerely, Chades J. Buquet ChaHes Joseph Associates Off, cc 909~81-1822 800~240~1822 Fax 909s,481-1824 City Center · 10681 Foothill Bird,, Suite 395 · Rancho Cucamoaga. CA · 91730 KISCO SENIOR [ I V I N G September 17, 2002 Mr. Brad Buller City Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Parking Analysis for Senior Apartments Dear Mr. Buller: Pursuant to our discussions, Kisco Senior Living has prepared this Parking Analysis binder to provide the City of Rancho Cucamonga additional empirical data regarding parking ratios for age-restricted apartment communities. This binder has been prepared as part of Kisco Senior Living's request to reduce the city's aggregate parking demand ratio to 1.10 spaces per dwelling unit for our age-restricted apartment community. Currently, the City of Rancho Cucamonga's Zoning Code requirements do not specifically provide for our proposed use, only general occupancy multi-family housing. The city does include in its Senior Overlay District a parking ratio of 0.70 parking spaces per unit for affordable senior housing, but does not provide for market-rate units. Therefore, this Parking Analysis binder focuses to provide factual data to support a more appropriate parking demand ratio for our proposed project. For your information and use, we have compiled the following parking data: a Parking Analysis prepared by Linscott, Law and Greenspan; a summary of other city parking ordinances for age- restricted, market-rate apartments; a summary of our resident profile, and two supporting letters fi.om the City of Irvine and the City of Rancho Santa Margarita. Resident Profile Through our own operating experience as supported by national demographics and government studies, the resident profile within an age-restricted community provides for several key factors in determining a residents propensity to own more than one car, including the following: the age of the resident; their marital status; the percentage of residents working at that age; and their financial status. 5790 Fleet Street, Suite 300, Carlsbad, California 92008 / 2.~7 (760) 804-5900 Facsimile (760)804-5909 www.kiscosl.com Although the California Civil Code (Section 51.3) establishes an age-restricted community as fifty-five (55) and older, the reality is that our residents are older, much older. In fact, a stabilized property will typically have residents with an average between 72 and 75 years old. Within our communities, approximately 85% of our residents are single without a need for a second car. Only fifteen pement (15%) are still working with the majority of our residents retired. Finally, our older resident tends to spend a higher percentage of their gross income on rent than a younger renter in a generally occupancy apartment. Our typical resident has an annual income between forty and fifty thousand dollars, and will expend up to 45% of their gross income toward their rent versus approximately 25% of a younger cohort. The balance of our residents' disposable income is therefore more limited to purchase or own more than one car. Proximity to Recreation & Shopping Kisco Senior Living looks for land acquisitions adjacent to, or in close proximity to, a host of recreational amenities, and especially shopping centers. The location of this project is ideally positioned between the Empire Lakes Golf Course, the Metrolink Station and the Ontario Mills Mall, with an additional neighborhood shopping center planned adjacent to the site. The close proximity between our proposed community to the golf course, train station and shopping centers allows this to be a very pedestrian friendly location. Established City Ordinances There are several cities in southern California with parking ordinances that specifically deal with age-restricted, market-rate apartment communities. For your information, we have included within this binder a summary of other city ordinances that provide for our specific use. In addition, we have included two (2) letters from two well executed master-planned cities, one from the City of Irvine and one fi.om the City of Rancho Santa Margarita, that currently have existing senior apartment communities with similar parking ratios. Neither city is aware of any parking issues or problems concerning the parking ratios established at these existing communities. Parking Analysis A parking analysis prepared by a licensed transportation engineer has been completed and is submitted within this binder. The parking analysis was completed by conducting parking surveys from similar projects throughout Orange and Riverside Counties, to derive a design parking demand ratio of 0.95 parking spaces per unit. 5790 Fleet Street, Suite 300, Carlsbad, California 92008 (760) 804-5900 Facsimile (760) 804-5909 www.kiscosl.com /9 ~ Kisco Senior Living Operational Experience & Vested Interest Kisco Senior Living is a family-owned company involved in the development and operation of senior housing for the last thirteen (13) years. Currently, the company owns and manages over 3,600 residential units nationwide. As a company, we are invested in every project we develop with an interest in its long-term success. We therefore design our communities to ensure their long-term value. We believe the information provided within the Parking Analysis binder supports our request to reduce the aggregate parking demand ratio for our proposed use. We are available to answer any questions you may have regarding the information provided within this binder. We appreciate your continued support and consideration of our proposed project. Sincerely Yours, KISCO SEN1OR LIVING Anthony A. Ferrero Senior Vice President Enclosures 5790 Fleet Street, Suite 300, Carlsbad, California 92008 (760) 804-5900 Facsimile (760) 804-5909 www.kiscosl.com TABLE OF CONTENTS ~;i£FaBe on t~e qreen Rancho Cucamonga, CA I. RESIDENT PROFILE II. LETTER FROM THE CITY OF IRVINE III. LETTER FROM THE CITY OF RANCHO SANTA MARGARITA IV. CITY OF RANCHO CUCAMONA - SENIOR OVERLAY DISTRICT (PARKING ORDINANCE) V. SUMMARY OF OTHER CITY ORDINANCES VI. PARKING ANALYSIS PREPARED BY LINSCOTT, LAW & GREENSPAN DATED JULY 1, 2002 q?i£Fa te on the green KISCO A LuxurySeniorApartment Community S E N 1 0 R RANCHO CUCAMONG^, C^L~FORN~^ L I V l N G Resident Profile: Age of Resident: Average Age of Resident (Project Opening) 68-72 years old Average Age of Resident (5 Year Old Property) 72-75 years old Resident Marital Status: Percentage of Single Women 75% Percentage of Single Men 10% Percentage of Couples 15% Residents Working / Retired: Percentage of Residents Still Working 15% Residents Retired / Part-time work 85% Resident Financial Overview: Typical Annual Income Bracket $40 to $50 thousand Percentage of Income Used for Rent 35% - 45% of Income Sources: Urban Land Institute Administration on Aging (AoA) Claritas Senior Life Report ('Demographics.) Community Development Departmenl City of Irvine, One Civic Cen/er Plaza, P O Box 19575, Irvine, California 92623-9575 (949) 724-6000 September 12, 2002 Mr. Anthony Ferrero Senior Vice President of Development Kisco Senior Living 5790 Fleet Street Carlsbad, CA 92008 RE: Parking for Market Rate Senior Housing Dear Mr. Ferrero: In response to your inquiry, I've enclosed the City of Irvine's parking standards for senior housing developments. As noted in the attachment, Chapter 4, Section 3-4 of the City's Zoning Code states that the parking requirements for senior housing is determined by the approval body (City Zoning Administrator or Planning Commission) for the proposed use. The most recent market rate senior housing development in Irvine, The Inn at Woodbridge, was built in the mid-1990s. The Planning Commission required 116 parking spaces for the 116-unit development. I am not aware of any parking issues or problems concerning this parking ratio since The Inn at Woodbridge was occupied. If you have any additional questions regarding this matter, please feel free to contact me at (949) 724-6364. PETER~COX~ Senior Planner § 4-3-4 CITY OF IRVINE ZONING CODE Minimum Parking Minimum % Use Requirement Full Size Spaces Notes Resident~ Studio: I space/unit (I 100% ~AII required covered parking spaces shall be as.~igned. covered) These spaces may be tandem if ~ssigned to the same unit. I bedroom: 1.5 spaces/ unit (I covered) 2 or more bedrooms: 2 spaces/unit (2 covered) Visito:a.3.4 I space/3 dwelling units 2Off street parking on the development site may count toward fulfilling visitor-parking requirements. See section Planning Area 4: I 4-4-I.A for required dimensions of parallel parking spaces. space/4 dwelling units Such spaces must be located within the maximum distances (Lower Peters Canyon) specified in section 4-4-5. 3Tandem parking may not count towards fulfilling visitor- parking requirements. 4A higher ratio of guest parking is required for projects with garages. Garages are used for storage of household goods resulting in a greater number of resident vehicles parking in visitor spaces. This circumstance does not occur with unit (I covered) Visitor2.3 I space/4 dwelling units 20n-street parking on the development site may count s, pp. o. 133 CITY OF RANCHO SANTA MARGARITA Mayor James M. Thor MayorPro Tempore . September 12, 2002 .. Gary Thompson Mitchell Brown Council Members Neil C. Blais Executive Vice President, Development Carol Gamble Kisco Senior Living Christy Riley 5790 Fleet Street Cadsbad, CA 92008 RE: Parking Example for Age Restricted Apartments Dear Mr. Brown: This letter is in response to your inquiry to provide an example of an age restricted apartment complex with an alternative parking standard within the City of Rancho Santa Margarita. The Fountains, located at 30751 El Corazon, is an age restricted apartment community that was developed with an alternative parking standard. The project was approved by the County of Orange prior to the incorporation of the City via PA.-96-0090. The County approved a parking ratio of .76 spaces per dwelling unit. Copies of the staff report, environmental documentation and parking analysis for the-project has been provided for your reference. To date, the City has not received any complaints regarding parking at the site. I hope this information is helpful. If you have any additional questions, please contact me at (949) 635-1800. Sincerely, Marilyn Simpson Associate Planner Attachment 30211 Avenida de las Banderas, Suite 101 · Rancho Santa Margarita ° California 92688 Phone: (949) 635-1800 · Fax: (949) 635-1840 · www, cityofrsm.org County of Orange ENVIRONMENTAL MANAGEMENT AGENCY PLANNING APPLICATION Application #: PA960090 Date Filed: 06/27/1996 Application Type: SITE PLAN - ADMINISTRATIVE Application Name: THE FOUNTAINS APARTMENTS Parcel(s): Address(es): Location: TOWN CENTER - RANCHO SANTA MARG. Project Area: 4.60 ACRE Public Project: N Initial Study Required: Y IS Charge #: P53408 IS Summary #: 082 Application Charge #~ P57941 Summary #: 403 Owner Information Applicant/Agent Information Name: PACIFIC GULF PROPERTIES, INC Name: PACIFIC GULF PROPERTIES,. INC. Address: 363 SAN MIGUEL DR. STE. 100 Ad/lress: 363 SAN MIGUEL DR. STE. 100 NEWPORT BEACH NEWPORT BEACH Zip: 92660 Zip: 92660 (714)721-2700 Phone: (714)721-2700 Zoning: PC / PA62 TOWN CENTER APN: 12503346 CAA: 59 Census Tract: 320.10 Supv District: 5 Coastl Zone: LUE: 6 Comm Profile: 6.1 PC/SP: RANCHO SA/~TA MARGARITA Previous Apprv: TT13424 & TT15263 LOTS 1 & 2 Project Proposal: SITE PLAN TO CONSTRUCT 168 UNIT APARTMENT COMPLEX FOR SENIOR RESIDENTS DEPOSIT SUMMARY Total Deposit: 4,000.00 Payments: 4,000.00 Balance Due: .00 P.A. 2,0 P.A. 17' P.~ 8 PJ~. 78 TOWN CENTER RANCHO SANTA MARGARITA I,.~" O: FILE EMA FROM: MICHAEL M. RUANE, DIRECTOR EMA SUBJECT: PROJECT NUMBER: PA 96-0090 APPLICANT: Pacific Gulf Properties I. NATL~RE OF PROJECT: The proposed project consists of the construction of 166 age-restricted (senior) apartment units on 4.6 gross acres w~thin Planing Area 62 of the Rancho Santa Margarita Town Center area. The ~roject site, located on the north side of E1 Corazon, between E1 Paseo and Avenida de l~s Banderas, takes its sole access off E1 Corazon. The site is designated for Town Center development which includes residential uses. The subject project, consisting of two residential sections, joined together by a lobby and common area, will offer studio, one- and two-bedroom units, ranging in size from 417 square feet to 710 square feet. Maximum building height is 37 feet with architectural features reaching 39 feet in height (maximum height of the proposed project is established through approval of this site development permit). Units will be offered to mobile seniors 55 years of age and older. In addition, the project will have a recreation area, including pool and spa and two garden courtyards complete with decorative fountains and seating areas. Residents will have direct access to the Central Park pedestrian promenade, directly adjacent to the western edge of the project site. Because the project is to be age-restricted to residents 55 years of age and older, the applicant requests approval of a parking modification to allow a lower ratio of parking spaces per unit (.76) than what is required through the Zoning Code (1.79).. The Zuning Code requires ~ssigned and .unassigned spaces and requires provision of 301 parking spaces using the bedroom count method; the suggested ratio is based on all spaces being unassigned, yielding a total of 126 parking spaces (unassigned spaces eliminates the need for two separate pools of spaces - visitor and resident - needing to be available at all times). The project sLe_e contains 60 carport spaces, 106 open spaces, and 8 handicapped spaces for a total of 17¢ parking spaces. In support of the reques~ for a lower parking ratio, the appli=ant's parking study consultant, Kunzman and Associates, contends that based on a survey taken of seven age-restricted apartment complexes in Orange County, the maximum nuraber of parking spaces required per dwelling is between .66 sp/du and .73 sp/du. Adding 5% for visitor parking, they arrived at a recommended maximum ratio of .76. Based_ on the study performed by Kunzman and Associates and Traffic Engineering staff's recommendations, Planning staff concerts with the study and recommends approval of the recommended parking ratio of .76 spaces per dwelling unit. Signage and details for the recreation area (shade structures) will be processed through a subsequent changed plan (Condition of Approval $35). /2,7 EMA Admin. Report S ,h96 PROJECT: PA 96-0090, The Fountains Page 2 Ail other development standards have been met through project design. The project is covered by previously certified FEIR 320 and Addendum IS No. PA960090. Together they were determine adequate to serve as a program EIR for this project and satisfy all requirements of CEQA. An appropriate finding has been included in Section IV of this report. II. REFERENCE: (Authority for Administrative action is given by what ordinance, regulation, etc.) Rancho Santa Margarita Planned Community Text Orange County Zoning Code III. CERTIFICATION: I hereby certify that the subject proposal has been Conditionally Approved as noted below. Michael M. Ruane, Director By: , ~/{ /~ Charles M. S~emaker, Chief Date: ~ - Site Planni/~_Section EMA Admin. Report Q-7-96 PROJECT= PA 96-0090, The Fountains Page 3 IV. FINDINGS= 1. The use or project proposed is consistent with the objectives, policies, general land uses and programs specified by the General Plan. 2. The use, activity or improvement(s) proposed, subject to the specified conditions, is consistent with the provisions of the Zoning Code, or specific plan regulations a~p~icable to the property. 3. Final EIR 320, previously certified by findings on September 21, 1982, and Addendum PA960090 to the EIR were considered prior to approval of the project. Together they were determined adequate to serve as a Program EIR for this project and satisfy all the requirements of CEQA. Addendum PA960090 to the EIR does not raise important new issues about the significant effects on the environment. The Program EIR is hereby certified for this project and the findings readopted. 4. The location, size, design and operating characteristics of the proposed use will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity. 5. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare. 6. That the requirements of Section 7-9-711 to pay fire station or library development fees have been met. 7. Applicable off-street parking requirements are excessive and inappropriate due to the nature of the specific use ~volved (senior apartments). 8. The proposed off-street parking facilities comply with the intent of the regulations as specified by section 7-9-145.1 of the Orange County Zoning Code. EMA Admin. Report u-?-96 PROJECT= PA 96-0090, The Fountains Page 4 V. CONDITIONS.' 1. CP NA NA i/Basic This approval constitutes approval of the proposed project only to the extent that the project complies with the Orange County Zoning Code and any other applicable zoning regulations. Approval does not include any action or finding as to compliance of approval of the project regarding any other applicable ordinance, regulation or requirement. 2. CP NA NA 2/Basic This approval is valid for a .period of 24 months from the date of final determination. If the use approved by this action is not established within such period of time, this approval shall be terminated and shall thereafter be null and void. 3. CP NA NA 3/Basic Except as otherwise provided herein, this permit is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Director-EMA for approval. If the Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plot plan, he may approve the changed plan wi~-hout requiring a new public hearing. 4. CP NA NA 4/Basic Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by th~ Orange County Planning Commission. 5. LUNA NA 5/Basic Applicant shall defend at his/her sole expense any action brought against the County because of issuance of this permit. Applicant will reimburse the County for any court coste and attorney's fees which the County may be required by a court to pay as a result of such action. The County may, at its sole discret~ion, participate in the defense of any such action, but such participation shall not relieve applicant of his/her obligations under this condition. 6. DS DS G GBOLOGY RPT Prior to the issuance of a grading permit, the applicant shall submit a geotechnical report to the Manager, Development Services, for approval. The =ep.o=t shall include the information and be in a form as required by the Grading Manual. 7. ER SG GB POLLUTANT RUNOFF Prior to issuance of precise grading or building permits, whichever comes first, the applicant shall submit and obtain approval from Manager, Subdivision and Grading, Of a Water Quality Management Plan (WQMP) specifically identifying Best Managemen~ Practices (BMPs) that EMA Admin. Report ~-7-96 PROJECT: PA 96~0090, The Fountains Page 5 will be used on-site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMp) Appendix which details implementation of EMPs whenever they are applicable to a project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. NOTE: Washing of cars will be prohibited on-site. 8. SG SG RG DRAINAGE STUDY Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading permits, whichever comes first, the following drainage studies shall be submitted to and approved by the Manager, Subdivision and Grading: A. A drainage study of the subdivision including diversions, off-site areas that drain onto and/or through the subdivision, and justification of any diversions; and B. When applicable, a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and C. Detailed drainage studies indicating how the tract map grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. 9. SG SG RG DRAINAGE IMPRO A. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading permits, whichever c6mes first, the applicant shall in a manner meeting the approval of the Manager, Subdivision and Grading: 1) Design provisions for surface drainage; and 2) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and 3) Dedicate the associated easements to the County'of Orange, if determined necessary. SG C RU DRAINAGE IMPROV B. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any certificates of use and occupancy, whichever occurs first, said Iql EMA Admin. Report PROJECT= PA 96-0090, The Fountains Page 6 improvements shall be constructed in a manner meeting the approval of the Manager, Construction. 10. DS DS G DRAINAGE OFFSITE Prior to the issuance of any grading permit, and if determined necessary by the Manager, Development Services, a letter of consent, in a form approved by the Manager, Subdivision Division, as suitable for recording, shall be obtained from the upstream and/or downstream property owners permitting drainage diversions and/or unnatural concentrations. "~. 11. Ail residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the project so as not to exceed a composite interior standard of 45 dBA CNEL in all habitable rooms and a source specific exterior standard of 65 dBA CNEL in outdoor living areas. Evidence prepared by a County-certified acoustical consultant, that these standards w'ill be satisfied in a manner consistent with Zoning Code Section 7-9-137.5, shall be submitted as follows: BP BP RG ACOUSTICAL RPT A. Prior to the recordation of a final tract/parcel map or prior to the issuance of grading permits, as determined by the Manager, Building Permits, an acoustical analysis report shall be submitted to the Manager, Building Permits, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. BP BP B AC~U~--fl-CAL RPT B. Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Manager, Building Permits, for approval along with satisfactory evidence which indicates ~chat the snund attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. BP BP G ACOUST BARRIERS C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the Manager, Building Permits. 12. BP BI U DRE RPT If applicable, prior to the issuance of any certificates of use and occupancy, the developer shall produce evidence acceptable to the Manager, Building Inspection, that information stating this property is subject to the overflight, sight, and sound of aircraft operating from E1 Toro Marine Corps Air Station has be~n provided to the ,, EMA Admin. Report PROJECT= PA 96-0090, The Fountains Page 7 Department of Real Estate of the State of California for inclusion into the Final Subdivision Public Report. 13. BP BP B NOISE GENEPd%TING Prior to the issuance of any building permits, an acoustical analysis report and appropriate plans shall be submitted describing the noise generation potential of the proposed project and proposed attenuation measures to assure compliance with Orange County Codified Ordinance, Division 6 (Noise Control). The report shall be prepared under the supervision of a County-certified acoustical consultant and submitted to the Manager, Building Permits, for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project. 14. BP BP U ACOUST FIELD TEST Prior to the issuance of any certificates of use and occupancy, field testing in accordance with Title 24 Regulations may be required by the Manager, Building Inspection, to verify compliance with FSTC and FIIC standards. In the event such a test was previously performed, satisfactory evidence and a copy of the report shall be submitted to ~he Manager, Building Permits, as a supplement to the previously required acoustical analysis report. 15. F F R WATER IMPV PLANS Prior to the recordation of a subdivision map, the subdivider shall submit water improvement plans to the Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution ef fire hydrants'will be ~valuated and approved by the Fire Chief. 16. F F RB FIRE HYDRANTS Prior to the recordation of a~y subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 17. F F R FIRE ACCESS Prier to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements ~331d shall dedicate them to the County. The CC&R's shall contain provisions which prohibit obstructions within the fire p~u~ec~ion access easement. The approval of the Fire Chief is required.for any modifications such as speed bumps, control gates or other chan~es within said easement. E~A Admin. Report '~-7-96 PROJECT: PA 96-0090, The Fountains Page 8 18. F F G STREET PLANS Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all street and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court, measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions r~quire it. 19. F F GU STREET MARKINGS A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage, and provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. B. Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall .contain a fire lane map and provisions which prohibit parking-in the fire lanes. A method of enforcement shall be included. 20. F F G ACCESS GATES Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access'". 21. F F GB SITE PLANNING Prior to the a.~proval of any use/site development permit or the issuance of any grading er building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gazes. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. 22. F F B COMBSTBLE CONST .R=ior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting ~urposes and an all weather fire access rc~%d shall be in place and operational as required by the Uniform Fire Code-before any combustible materials are placed on the site. EFu% Admin. Report u-7-96 PROJECT: PA 96-0090, The Fountains Page- 9 23. F F B WATER AVAILABILITY Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. 24. F F BU -- FIRE SPRINKLERS Prior to the issuance of any building ~ermits on those lots or parcels determined applicable by the Fire Chief, plans for an automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use-and occupancy. 25. F F B BUILDING USE Prior to the issuance of any building permSts, the applicant shall submit a det~i~ed letter of intended use for each building to the Fire Chief for review and approval. 26. F F B HAZMAT DISCLOSURE Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. 27. F F B FIRE SAFETY SITE PLAN Prior to approval of a use/site-development permit, or the issuance of a building permit, whichever occurs firs~c, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Architectural Notes to be placed on the plans. 28. F F U FIRE HYDRANT MARKER Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 29. F F NA FIRE ALARM Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a certificate of use and occupancy. EMA Admin. Report ~-?-96 PROJECT= PA 96-0090, The Fountains Page 10 30. F F B FIRE SAFETY SITE PLAN Prior to the issuance of any building permits, the applicant shall submit a special fire safety site plan to the Fire Chief for review and approval for fire safety requirements. The following information shall be included as notes on the site plan: A. Fire Department Final Inspection required, which shall be scheduled 2 days in advance. Phone (714) B'. Locations and classifications of ~x~inguishers which shall be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gases and other hazardous materials which shall comply with Uniform Fire Code Regulations. D. Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 .feet in height, 12 feet on pallets or in racks, and 6 feet for tires, plastics and some flammable liquids if high stock piling~ Ail shall comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. E. Plans of modifications to or new fire protection, detector, or alarm system(s), which shall be approved by the Fire Department prior to installation. F. Water for fire protection purposes and an all weather access road shall be in place prior to any combustible materials being placed on site. G. A letter of intended use for'the structure shall be submitted to and approved by the Fire Chief p=ior to issuance of a grading or building permit, which ever occurs first. H. A water availability form shall be submitted to and approved by the Fire Chief prior to the issuance of a building permit. I. Plans for on-site water supply systems for fire protection shall be approved by the Fire Chief prior to issuance of a building permit. Sprinkler systems to be placed in structures, that are part of this system, are to be designed to a minimum density of .33 gallons per square foot over a 3,000 square foot design area. If a high pile stock storage system is to be utilized in the structure, the system design shall be designed to a minimum density of .495 gallons per square foot over a 2,000 square foot design area. 31. TE TE B ROAD FEE FROG Prior to the issuance of building permits, the applicant shall pay fees for the Major Thoroughfare and Bridge Fee Program listed below, in a manner meeting the approval of the Manager, Traffic Engineering. EMA Admin. Report 8-7-96 PROJECT= PA 96-0090, The Fountains Page 11 a. Foothill Circulation Phasing Program b. Foothill/Eastern Transportation Corridor c. Plano Trabuco 32. TE TE G EIGHT DISTANCE Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance at all street intersections per Standard Plan 1117, in a manner meeting the approval of the Manager, Traffic Engineering. This includes any necessary revisions to the plan such as removing slopes or other ~ncroachments from the limited use area. 33. TE TE G DRIVE AISLES Prior to the issuance of a grading permit, ~he applicant shall design all drive aisles serving carports to a 28-foot minimum width in accordance with Zoning Code Section 7-9-145.3(c), in a manner meeting the approval of the Manager, Traffic Engineering. ~4. TE TE G PEDESTRIAN ACCESS Prior to the issuance of a grading permit, the applicant shall design the internal pedestrian circulation system in a manner meeting the approval of the Manager, Traffic Engineering. 35. LU LU B SIGNAGE/RECREATION Prior to the issuance of building~ permits for any permanent monument signage or any structures located in the recreation area (i.e. shade structures), the applicant shall process a changed plan indicating exact location and dimensions of these items, in a manner meeting the approval of the Manager, Land Use Planning Division. 36. LU~HP B LKNDSCAPE P~KN Prior to the issuance of a hui!ding permit, the preliminary landscape plan shall be reviewed by Harbors, Beaches, and Parks/Asset Management to ensure consistency with the landscape palette located in Appendix A of the Rancho Santa Margarita Planned Community Amendment to the Town Center Area Plan (PA 95-0194). 37. LU PW G CONSTRUCT TRAFFIC If project construction is to be phased resulting in partial occupancy of units during construction, prior to the issuance of any grading permit, the applicant shall submit plans for a temporary, secondary construction traffic ingress/egress or a traffic management plan for review and approval of the Manager, Public Works, Construction Division. Said plan shall include information detailing the construction phasing and an effective plan for the manageme.~c of permanent residential and temporary construction traffic through the proposed singular ingress/egress. lq7 DATE= Aug%~st 7, 1996 TO= Cindy Wright FROM~ Environmental/Project Planning Division SUBJECT: Project Title: - The Fountain Apartments - Rancho Santa Margarita Planned Community PA 960090 The CEQA documentation for your proposed projec~ has been completed by the Environmental Planning Division. The following information is critical and is attached to this memo for your consideration : I. Instructions for Filing CEQA Documents with the County Clerk. These instructions are crucial since they affect the status of your project insofar as legal cha-l-lenges; and II. CEQA Statements, Actions and Findings which should be used for S~aff Reports and AITs for the Project, including: A. CEQA Compliance Statement(s) for AITs and Staff Reports; and B. Recommended Action(s) for Decision-maker(s) to Approve or Certify CEQA Documentation for Projects subject to CEQA; or C. Recommended Findings for Exempt and Non-projects; and D. Fish and Game Code Findings for Approval of Projects subject to CEQA; and E. NCCP Findings for Approval of Projects. III. CEQA Document, if applicable. If clarification is needed regarding this Memo or if there are questions, please contact the following staff person from EMA/Environmental Planning Division: EPD Staff Contact: chris Uzo-Diribe Telephone Number: 834-2542 George Britton, Manager Envi~tal/Project Planning Division Title: C e " r vate projects ' - RHCB:rhcb 5/5/95= Supersedes 9/1/94 Attachments: Attachment A: Filing Instructions for County Clerk Attachment 1: Recommended CEQA Statements, Actions, Findings Attachment 2: CEQA Documentation FTLING CEQA DOCUMENTS WIT~ T~E C0~Tr CLE~ Your division will be responsible for filing the CEQA documentation and paying its related $38.00 filing fee with the County Clerk for your project. Prior to posting by the County Clerk, a $38,.00 documentarY handling fee wiil be required for the following: * Negative Declarations; * Notices of Determinations; and * Notices of Exemption Please note the following: 1. In the case of NDs, the County clock for public review does not begin until the Office of the County Clerk has posted the document. 2. Within 5 days of approval action on a project, a Notice of Determination (NOD) must be filed with the County Clerk. A copy of a stamped NOD must be sent to EPD for the file. 3. If EPPD has determined that your project is. exempt from the Department of Fish and Game(DFG} fees, a De Minimus Finding (Certificate of Fee Exemption) will be provided by EPD and must accompany your project,s ~OD. 4. If EPD cannot .~ your project exempt from DFG fees, you will be required to-pay $1250.00 or $850.0-0, respectively,~ for ND's and EIRs. 5. A copy of a stamped NOD must be sent to EPD for the file. RFC0~ENDED CE9A STATeCrafTS FOR STAFF REPORTS~AITs A. CEQA C0~LIANCE STATE~ENTS (FOR TEXT OF STAFF REPORT/AIT): The CEQA compliance statement, located in the text of the staff report or body of the AIT under "Additional Data", shall include an appropriate statement from the following list unless advised otherwise by County Counsel or the Manager, Environmental Planning Division. 1. The recommended action is not a project as defined by CEQA; or 2. The proposed action is ministerial per Public Resources Code Sect~o~ 21080(b) ~nd CEQA Guidelines Section 1S002(i) (1) and therefore not subject to CEQA; or 3.The proposed project is statutorally exempt from CEQA per Section of the CEQA Guidelines ; or ATTACHMENT 1 ( 4. The proposed project is categorically exempt (Class ) from the provisions of CEQA; or ( 5. The proposed project is exempt from C~QA, pursuant to public Resources code Section 21080(c) (1) and CEQA Guidelines SectiOn 15061(b) (3), by virtue of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; or has been prepared and was [posted ( 6 Negative Declaration No. for public review/previously approved] on __/__/__- It is attached for your consideration and must"be approved prior' to project approval with a finding that it is adequate to satisfy the reqUirementS of CEQA; or The proposed project is covered by Final EIR No.---, previously 7 certified on --/--/--' Prior to project approval, the decision-maker must assert that this EIR is adequate to satisfy the requirements of CEQA for the proposed project; or (XX) 8 The proposed project is covered by Final EIR No. 320, previously certified on 09/21/82, and Addendu~n No. PA 960090. Prior to project approval, the decision-maker must assert that together, they are adequate to satisfy the requirements'of CEQA for the proposed project. RECOMMENDED ACTION STATE~EI~S FOR APPROVING pRoJECTS SUBJECT TO CEQA: State law requires that action on a CEQA document be taken by the decision-maker ~rio~ to approval of the project for which it has been prepared. If a new EIR has not been prepared for the proposed project, one of the following actions must he taken before action on the project, u~iess directed otherwise by county Counsel or the Manager, EMA/EPD- ( ) 1. In accordance with Section 2!080(c) of the public Resources code and CEQA Guidelines Section 15074, Negative Declaration · reflects the independent judgment of the lead No. ' whlc~'-~4~- the requirements of CEQA and ls approved for agency, saul~- ' th9 proposed project based upon the following findings: a. The Negative Declaration and Comments on the Negative Declaration received during the public review process were considered and the Negative ~eclaration was found adequate in addressing the impacts related to the project; and b. There is no substantial evidence that the project, with the implementation of the mitigation measures, if any, which are included in the Negative Declaration, will have a significant effect on the environment; and c. Jif mitigations included] pursuant to public Resources code Sectiom 21081.6, the Mitigation Monitoring and Reporting program is adopted. ATTAC-HI4E1TT I (Cont'd.) ) 2. Final EIR 320, previously certified on --/--/--, satisfies the requirements of CEQA and is approved as a Program EIR for the proposed project based upon the following findings: a.Based on the Initial study, it is found that the EIR serves as a Program EIR for the proposed project; and b. The approval of the previously certified Final EIR for the project reflects the independent judgment of the Lead Agency. (XX) 3. 'The de=ision-maker has considered ~i~al EIR 320, previously certified on 09/21/82, and Addendum No. PA 960090, prior to project approval. Together they are approved for the proposed project based upon the following findings: a. Together, these documents are adequate to satisfy the requirements of CEQA by the decision-maker; b. The additions, clarifications and/or changes to the original document caused by the Addendum, do not raise new significant issues which were not addressed by the EIR; and c. The approval of the EIR and Addendum for the ~roposed project reflect the independent judgment of the Lead Agency. C. FIITDING STATE~]~TTS FOR A~PROVA/~ ACTION'OR RESOLIITION FOR EXiT PRO~CTS: State law requires that certain findings be made by the decision-maker prior to project approval. If the proposed project is exempt or not subject to CEQA, one of the following ~indings should be included in the recommended action or adopting resolution, unless directed otherwise by county Counsel or the Manager, EM3%/Environmental Planning Division: ) 1. With the following "Compliance with CEQA" statements contained in the AIT or staff report, no "CEQA Finding" is necessary: a. The proposed action is not a project as defined by CEQA. b. The proposed action is ministerial per Public Resources Code S~ction 2!080(o) (I) axld CEQA Guidelines Section 15002(i) (1); or ) 2. Find that the proposed project is Statutora!ly Exempt per public Resources Code Section ; or ) 3. Find that the proposed project is CategDrically Exempt (Class) from the provisions of CEQA; or ) 4. Find that the proposed project is exempt from CEQA pursuant to public Resources Code Section 21080(c) (1) and CEQA Guidelines Section 15061(b)(3) by virtue of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; or' ATT~CHM]~T i {Cont'd. D. NCCP FINDINGS FORAPPROVAL OF PROJECTS (X/() 1. Find that the proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub habitat and, therefore, will not preclude the ability to prepare an effective subregional Natural Communities Conservation Planning (NCPP) Program. ) 2. The project has the potential of adversely affecting significant Coastal Sage Scrub habitat and, therefore, may preclude the ability to prepare an effective sub~gional Natural Communities Conservation Planning (NCPP) Program. JUL 2 2 1966 DATE~ TOe John Buzas, Manager, Land Use Planning FROM= Ignacio Ochoa, Manager, Traffic Engineering SUBJECT= .PA 96-90 The Fountains at Rancho Santa Margarita The project is located within Santa Margarita Town Center. The applicant proposes to establish a 168 unit apartment complex for senior residents. CIRCLrLATION: Access to the site is taken from E1 Corazon, an existing local collector. E1 Corazon links up with Santa Margarita Parkway, a major arterial highway, to the north by way of E1 Pasco. BIKEWAYS: There are no bikeways identified on the Master Plan of Countywide Bikeways that affect this map. DISCUSSION: Traffic Engineering has completed its review of the subject site plan and has the following comm-~*~ and concerns: 1. The proposed site plan shows drive aisle widths of 25 and 26 feet. In order to provide adequate maneuverability for vehicle's-backing out of the carports, a-condition is include~ requiring that these drive aisles be 28' minimum. 2. Both entry monument signs (particularly the westerly sign) are within the limited use area as outlined in EMA Std. Plan 1117-that addresses minimum sight distance requirements. These signs will need to be relocated per this standard. It should also be noted that a majority of the landscaping encompassed by E1 Corazon, the access drive, the emergency access and the parking lot is also proposed within the limited use area. The landscaping plan will need to be revised in accordance with the standard plan. 3. There is some concern with the pedestrian circulation system, as shown on the landscaping plan, and how it is impacted by the adjacent parking areas. Specifically, the open parking spaces are designed 16' in length with a 2' overhang. In the entry auto plaz~c~nd for a portion of the parking area at the easterly side of the site, the sidewalk is adjacent to the parking area and would be adversely impacted by vehicles overhanging the curb. John ~uzae PA 96-90 Page 2 In the entry auto plaza, Traffic Engineering recommends that the parking spaces be designed 18' long. The proposed 34' radius could be reduced to 32' to achieved this and at the same time provide adequate maneuverability. At the easterly side of the site where the sidewalk is adjacent to the parking area, Traffic Engineering recommends relocating the sidewalk away from the parking area at least 2' to accommodate the overhang of parked vehicles. MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM: This project lies within the area of benefit of the Foothill Circulation _Phasing Program. The applicant is required to pay fees in accordance with the adopted program. This project lies within the area of benefit of the Foothill/Eastern Transportation Corridor. The applicant is required to pay Foothill/Eastern Major Thoroughfare and Bridge fees in accordance with the adopted program. This map also lies within the area of benefit-of the Plano Trabuco Road Fee Program. A condition is recommended for the applicant to participate in the Fee Program. This map also lies within the area of benefit of the Santiago Canyon Road Fee Program. A condition is recommended for the applicant to participate in the Fee Program. CO~ITIONS: 1. Prior to issuance of each building permit, payment of fees will be required as prescribed in the Major Thoroughfare and Brid~e Fee Program for the Foothill Circulation Phasing Program. 2. Prior to issuance of each building permit, payment of fees will be required as prescribed in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor. 3. Prior to issuance of each building permit, payment of fees will be requi=ed as prescribed in theMajor Thoroughfare and Bridge Fee Program for Santiago Canyon Road. 4. Prior to recordation of a final ~ap, the subdivider shall pay fees as required by the Plano Trabuco Road Fee Program. 5. Prior to issuance of a grading permit, adequate sigh~ distance shall provided at all intersections per Standard Plan 1117 and at all driveways in a manner meeting the approval of the Manager, Traffic Engineering Section; this includes any necessary~revisions to the plan to remove slopes, landscaping, signs or other encroachments from the Limited Use Area. John Euzas PA 96-90 6. Prior to issuance of a grading permit, the applicant shall design all the drive aisles serving carports to be 28' minimum in width in accordance with Zoning Code Section 7~9-145.3(c). 7. Prior to issuance of a grading permit, the applicant shall design the internal pedestrian circulation system in a manner meeting the approval of the Manager, Traffic Engineering. .. DJC:w~s May 20, 1996 Warren ~ames Pacific Gulf Properties 18102 sk~ark sou~h, A-1 Irvine, CA 92714 Dear Mr. J~aes= ?INDINGS based on =he data collected and the analysis in this report, 0.76 unassigned perking spaces per "active" senior dwelling unit is .sufficient. pURPOSE This letter report is a ~arking analysis for or .mobile" senior residential housing. Senior housing is classified into four types as follows: ac=irs (also called mobile), oongregate~ assisted, and nursing home. of the four types, or mobile seniors are most able and they also have ?_he highest car ownership and generate =he hi~hest del~and for parking spaces at their place c~ residence. 'The purpose of =he analys~s kS =o determine how parking s~acers ere needed per active senior dweliing unit. DATA COt.T~CTIONHETHODOLOGY To de=ermine how many parking spaces are needed per dwelling unit, a survey was conducted of seven active senior citizen residential dsvelopmen=s in Orange county. The survey consisted of visiting each of the seven locations twice - once mid day Saturday between noon and 3:00 pm, and once midweek during the night between 9 pm and 6'am. Mid day Saturday is when vlsi=ors ars must likely and weekday late at nigh= is when residents ere most likely to be home. During ~hese two visits, the n~mber of parked cars were counted. Additionally, the number of parking spaces were also counted. In addition to the field vis~% to the sites, the management of each of ~he seven looatio~ were called and asked questions about the number of dw&llings, whether parking spaces were assigned, and if the residents were classified as active. These also revealed that either mid day Saturday. cr weekdays late at night is when the parking accumulation maximum. SEVEN SENIOR CITIZEN PROJECTS The seven projects which were surveyed are listed in Table A, including the contact person's name and phone number. They are listed in descending order of of dwellings. Five cf the developments were. relatively new, probably less than five years old and two were older. Woodbridge Manner is approximately 16 years old and Santa Aha Towers ia over 20 years old. ANALYSIS OF DATA The data are ~isplayed in Table B. The analysis cf the data is also contained in Table B. The main part of the analysis consisted of determining how many parked cars per dwelling are needed at each cf the seven locations, then determining ~he average for all seven locations. After determining the average, the standard deviation was determined and then & 9s percent and 99 percent confidence interval determined by addin~ ].02 end 2.~7 standard deviations respectively to the average. The maximUm number cf parkin~ sDaces per dwelling =hat can be expected is 0.66 spaces per dwelling with 9~ percent probability of not being exceeded, and 0.75 spaces per dwelling with 99 percent .p~obability of not being exceeded, using the 0.?3 spaces per dwelling es the result~ one then needs to add a f~w percent to 157 recommended. Adding 5 percent to =he above results in recommendation that 0.76 spaces be provided dwelling unit, assuming spaces ars not assigned. This analysis is not applicable =o locations where the parking spaces ars assignee. If parking spaces are assigned, th~n every space is not available =c park in and subst&ntiall¥ more parking spaces ars needed. For assigned p~rking spaces, a segarate pool of spaces must also be provided for The analysis did not include on-street parking spaces in the inventory e£ existing parking spaces. HoWever, on street parked care were counted where it looked like the on-street parking spaces might be used by the seniors or their guests. T~-oxistence of on-street spaces would tend to lower the number of o~f-etreet spaces needed, and could reduce ~2ae recommended 5 percent overage to zero. It has been a pleasure to prepare this information for you a~d the County of Orange. If there are any ~uest~ons, or if we can be Qf further aemis~anoe, please do not hesitate to call. Respectfully submitted, KUNZMANASSOCIAT~S William K~nz~an, ~.g. ~ Bg~c~ S3II~Bc~ NODS~ ~L~'~OG~L ~:8~ 966I/~/8g The h'~J~ ~r~n (~l&) Tr~'y $1~ LincoLn Ave~ Jear~ King :501 S. GL~ell 90 ~J~/d S~I£~dO~ ~ODS~ ~L~.~OS~L 6~:80 966~/~0/00 ~ARiCI#G $t~V~ TABLU~TIGIf OF flE~JLT$ PARKING RATIOS EXISTING SENIOR PROJECTS TOTAL CURRENT DESIRED DESIRED PROJECT PHONE NO. UNITS PARKING PARKING RATIO Inn at Laguna Hills, LagunaHills (714) 457-0327 140 118 118 0.84 Cypress Point, Cypress (714) 229-8500 120 79 85 0.71 The Huntington Westminster Westminster (714) 897-0772 311 183 200 0.64 Pa/myra, Orange (714) 639~2121 50 45 45 0.9 Valley View Senior Apartments, Garden Grove (714) 898~6860 178 100 100 0.56 Seasons, Diamond Bar (909) 860-6696 149 110 120 0.81 948 635 668 0.70 17.20.040 Senior housing overlay district. Page 1 of 2 Title 17 DEVELOPMENT CODE Chapter 17.20 OVERLAY DISTRICTS '17.20.040 Senior housing overlay district. A. Purpose. The senior housing overlay district is intended to facilitate the construction of affordable rental housing units that will serve the current and long term city need for affordable senior citizen oriented dwelling units while maintaining a high degree of quality in project design and construction. The district is further intended, by offering vadous development incentives, to make the development of senior citizen oriented affordable units attractive to potential developers while at the same time providing assurances to the city that units developed by use of the incentives offered as part of the overlay district, remain available and affordable to the target group intended: senior citizens of Iow and moderate incomes. B. Establishment. The senior housing overlay district may be applied in combination with residential districts pursuant to Chapter 17.02.060, amendments. A senior housing overlay district shall be indicated on the development district map by the letters "$H" after the reference number identifying the base district. C. Target Population. 1. The primary resident population group that is intended to be served by the units constructed through use of incentives offered as part of the senior housing overlay district are senior citizens who meet the following criteria: a, For tenants, residents or occupants who are married to each other, either spouse shall be fifty- five years of age or older. b. For individuals who are not married, each individual shall be fifty-five years of age or older. c. In addition to the age restrictions set forth in subdivisions (1)(a) and (b) above, any individual or married couple who wish to occupy or reside in the project shall have and maintain an annual income from all sources equal to or less than eighty percent of the median income for persons or couples within the county of San Bernardino as currently defined by the Federal Department of Housing and Urban Development. D. Applicability. The senior housing overlay district requires the presence of certain conditions before it can be applied for or attached to a specific parcel of land. In order to adequately and satisfactorily serve the target population that this district has been created to serve, any proposed project site must demonstrate the following conditions and features: 1. Appropriate base district zoning; 2. Land uses in the immediate and surrounding area, current and projected, must be compatible with the living environment required by senior citizens and must be free of health, safety, or noise problems (i.e., area generally quiet); 3. Area infrastructure must be in place or constructed as part of the project and cepable of serving the proposed project including: a. Streets, b. Sidewalks, and c. Traffic/ped&strian signals; 4. Proposed site topography must be fairly level and easily traversed by persons of limited mobility; 5. Proposed site must demonstrate proximity to commercial establishments, service providers, and other amenities including: a. Food shopping, b. Drug stores, c. Banks, htm://www.ordlink.com/codes/ranchocu] DATAJTITLE17/Chapter 17 20 OVERLAY_... 9/16/2002 17.20.040 Senior housing overlay district. Page 2 of 2 d. Medical and dental facilities, e. Public transit (main or frequently served routes), and f. Open space/recreational facilities. E. Development Incentives. In order to reduce development costs associated with the construction of housing oriented toward senior citizens of Iow and moderate income, the city is prepared to offer a developer some or ali of the following incentives, depending upon the quality, size, nature and scope of the project proposed. 11. Reduction In Required On-Site Parking. The city will grant a reduction in required on-site "1 ~ parking down to a minimum ratio of .7 noncovered parking spaces per unit. ~2. Dwelling Unit Density Bonus. In order to maximize net yield per acre, the city will consider -- · increasing the allowable project density by either granting a twe. nty-five percent density bonus to the project site's existing density category (per California Government Code Section 65915), or by granting a request for a change in density range (per the city's general plan), or both depending upon the quality, size, nature and scope of the project. 3. Fee Waivers/Reductions. Projects submitted under the senior housing overlay district may receive, depending upon their size, nature, and scope, a reduction or waiver of some or all city- imposed development submittal and processing fees. Such reductions of waivers may affect the following fee schedules: a. Development review; b. Park fees; c. School fees (when applicable); and d. Other fees (where applicable). Fee reductions or waivers are subject to negotiation between the city and the project developer and will be granted based upon that amount of reduction or waiver necessary to place per unit monthly rental costs in the range affordable to the target population. F. City/Developer Agreement. Development incentives granted by the city to a developer using the senior housing overlay district are predicated upon the long-term availability and affordability 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. G. Administrative Guidelines. The city shall establish a process and such administrative guidelines as it shall deem necessary in order to implement the provisions of the senior housing overlay district. (Ord. 211 § 6 (part), 1983) httr~://www.ordlink.com/codes/ranchocu/ DATA/TITLE17/Chapter 17 20 OVERLAY_... 9/16/2002 Philip M. Linsco~l, P.E. (1924-2000) lack M. Greenspan, P.E. William A. Law, P.E. Paul W. Wilkinson, P.E. David S. Shender, P.E. Iohn A. Boarrnan~ P.E. E N G I N E E R S CbreM. Look-Jae§er, P.E. ENGINEERS & PLANNERS · TRAFFIC, TRANSPORTATION, PARKING 1580 Corporate Drive, Suite 122 · Costa Mesa, California 92626 Phone: 714 641-1587 · Fax: 714 641-0139 July 1, 2002 Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNITIES 5790 Fleet Street, Suite 300 Carlsbad, California 92008 ;.: LLG Reference No. 2-022370-1 SUBJECT: PARKING ANALYSIS FOR THE PROPOSED .:: VILLAGE ON THE GREEN-ACTIVE-SENIOR APARTMENTS ?:0 Rancho Cucamonga, California · ~" Dear Mr. Ferrero: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Parking Analysis for Village on the Green, a proposed Active Senior Apartments development located in the City of Rancho Cucamonga, California. '" The parking analysis has been prepared as part of a parking modification request to reduce the City's aggregate parking demand ratio (spaces per unit) for an Active Senior Apmtments facility. Currently, the- City's Zoning Code requirements do not provide for market rate Active Senior i'::: Apartments, only general occupancy multi-family housing. Based on the multi-family housing ...... standards, an aggregate parking ratio of 1.85 spaces per unit would be required for the proposed project. This ratio has been calculated based on direct application of the City's off-street parking : :::. requirements for residential, cluster development sites (Chapter 17.12.040). This parking requirement is typically applied to residential facilities without any age-restrictions to prospective tenants (i.e., apartment buildings, attached townhome communities, etc.). The City's Senior Overlay District does provide a parking ratio of 0.70 parking spaces per dwelling unit for affordable housing, but does not address market rate Active Senior Apartments. Therefore, the parking demand characteristics of an Active Senior Apartments facility are not accurately represented in the City's Zoning Code. ~ As a result, this parking analysis focuses to determine a more appropriate parking demand ratio , for the proposed project. The parking analysis is based on weekday and weekend parking surveys performed at three existing active senior apartment facilities, located in south Orange County, and two existing affordable active senior apartment facilities, located in the City of Rancho Cucamonga. Pasodena - 626 796-2322 · San Diego - 619 299-3090 · Las Vegas - 702 451-1920 · Founded 1956 · Aa LG2WB Company Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNITIES LLG Reference No. 2-022370-1: Village on the Green July l, 2002 E n c ~ N E E R S Page2 SUMMARY OF FINDINGS AND CONCLUSIONS Based on the results of the parking analysis, a minimum aggregate parking demand ratio of 0.95 spaces per unit is appropriate for an Active Senior Apartments facility. For the proposed project, which consists of 264 age-restricted units, we recommend that a minimum of 251 parking spaces be provided. PROJECT DESCRIPTION AND LOCATION : The project site is located along the west side of Fairway View Place, south of 6th Street, in the ;'~'4 City of Rancho Cucamonga, California. Exhibit 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the proposed project and depicts · :.~ the surrounding street system. The proposed development project will consist of a 264-unit age-restricted (senior) apartment ; I complex. Of the 264 units, 9 units will be studios, 165 units will be one-bedroom apmhnents, ~ : while the remaining 90 units will be two-bedroom apartments. Tenants of this housing facility will be restricted to persons that are 55 years of age or older. The proposed project will also · . include a Wellness Center / Community Clubhouse, which will operate as an ancillary use for ·' residents/tenants. Table 1, located at the rear of this letter report following the exhibits, summarizes the mix of unit types within the proposed community. Exhibit 2 presents a preliminary site plan for the proposed project. As shown, vehicular access will be provided via three driveways, located along Fairway View Place. Two of the three driveways will be gated and utilized exclusively for egress access. Parking for residents, visitors, and employees will be provided by an on-site uncovered spaces, carports, and garages. PARKING ANALYSIS City of Rancho Cucamonga Parking Code Calculations To determine the number of parking spaces required for the proposed Active Senior Apartments project, the current parking codes per Chapter 17.12 of the City of Rancho Cucamonga Zoning Code were utilized. The City's parking code for residential, cluster developments specifies parking ratios within the range of 1.3 spaces per unit to 2.3 spaces per unit, depending on the number of bedrooms. In addition, the City's parking code requires 0.25 guest spaces per unit. Table 2 summarizes the City's parking code requirements, as detailed above. Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNITIgS LLG Reference No. 2-022370-1: Village on the Green July 1, 2002 E ~ c ~ ~ ~ E R s Page3 Table 3 summarizes the parking re~tuirements for the Active Senior Apartments project using the City's parking code ratios. As shown in Table 3, direct application of the City's parking ratios to the proposed project development tabulation results in a code-parking requirement of 488 spaces. Of the 488 parking spaces, sixty-six (66) would have to be designated as guest spaces. Based on the City's parking code requirement of 488 spaces, the aggregate parking ratio for the proposed project is 1.85 spaces per unit. This ratio is determined as follows: · 488 [Required Spaces] + 264 [Total Units] -- 1.85 [spaces/unit] : ': Please note that a demand ratio of 1.85 spaces per active senior dwelling unit is on the high end rii;:i of the parking demand range normally found for Active Senior Apartment developments. A discussion of typical parking ratios for senior apartment facilities is provided in the following : '::'.~ sections of this letter report. Parking Surveys ' ' To help determine an appropriate "design" parking demand ratio for the proposed Village on the Green Active Senior Apartments, parking accumulation characteristics were studied at five (5) existing senior apartment facilities. Three of five study sites are located in south Orange County ' and characterized as "active s~or apartments". The two remaining sites are located in the City of Rancho Cucamonga and characterized as "affordable~ active senior apartments". As such, the · :i parking conditions at the three south Orange County sites are more representative of the proposed Village on the Green development, as income restrictions will not be enforced. ~' ~' Table 4 summarizes the development tabulations for the five existing senior apadlnent facilities. The upper portion of Table 4 presents the development tabulations for the three active senior · : apartment facilities, while the lower portion of Table 4 presents the development tabulations for the two affordable acfive~senior aparhnent facilities. As shown, The Fountains consists of 166 apartment units with 173 parking spaces; Season consists of 112 units with 93 parking spaces; Heritage Villas consists of 143 units with 144 parking spaces; Heritage Park consists of 232 units with 180 parking spaces; and Villa Pacifica consists of 159 parking spaces. Transportation Studies, Inc., a subconsultant to LLG, conducted "spot" parking surveys on a typical weekday and weekend day. These "spot" parking surveys, which consisted of counting the number of parked vehicles, were performed during the afternoon (12:00 PM - 3:00 PM), evening (6:00 lrl~l - 9:00 PM), and late night (11:00 PM - 1:00 AM) periods. Affordable active senior apartments require an annual income of less than $20,000 and tenants to be 55 years of age or older. Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNTrlES LLG Reference No. 2-022370-1: Village on the Green July 1, 2002 E N c t N E E ~ S Page4 These time frames were selected as they typically capture the midday and evening periods when many residents are home and visitors may be at the site, and also the very late evening when all residents have typically returned home for the night. The spot parking surveys were conducted at the three south Orange County facilities on Tuesday, April 24, 2001, and Saturday, April 21, 2001. For the two facilities located in the City of Rancho Cucamonga, the spot parking surveys were conducted on Thursday, June 13, 2002 and Saturday, June 15, 2002. The results fi.om the weekday and weekend parking surveys conducted at the three south Orange ..., County sites are summarized in Tables 5 and 6, respectively. Similarly, Tables 7 and 8 , smnmarizc the ng surveys conducted at the two Rancho Cucamonga sites. These four tables present the parking demands and percent utilization, by space type, at each study site during the peak time periods. An overall total demand and percent utilization for each time period is also ~i~:~ indicated. As shown in Tables 5, 6, 7, and 8, each study site experienced a peak parking demand during the late night period (11:00 PM - 1:00 AM) for both a weekday and weekend day. Based on review of the weekday and weekend surveys, The Fountains experienced a maximum parking demand of 93 vehicles (54% utilization). 'Similarly, Season, Heritage Villas, Heritage Park, and Villa Pacifica experienced a maximum parking demand of 79 vehicles (85% utilization), 83 vehicles (58% utilization), 146 vehicles (81%), and 103 vehicles (65%), respectively. Please note that at the time of spot parking surveys, four of the five study sites were fully occupied. Heritage Park, located in the City of Rancho Cucamonga, was the only site that was not fully occupied, as 223 of the 232 units were occupied (96% occupancy). i::: Design Parking Demand Ratio Table 9 utilizes the information provided in- Tables 4, 5, and 6 to develop a "design" parking demand ratio for the proposed Active Senior Apartments development. Please note that Table 9 strictly considers the parking characteristics at the three active senior apartment facilities located in south Orange County (i.e., excludes the parking characteristics at the two affordable active '. senior apartment facilities), as these three sites are more representative of the proposed project. The design ratios presented in Table 9 was developed by analyzing the parking survey data · ' collected at the three south Orange County study sites. For each study site, the greatest number ::i~ of vehicles observed on any of the two count days, during any peak th~e period, was utilized to calculate a peak parking demand ratio.  Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNITIES LLG Reference No. 2-022370-1: Village on the Green July 1, 2002 t N c ~ N ~ ~ R s Page5 For example, a peak parking demand ratio 0.56 spaces per occupied unit for The Fountains was calculated by dividing the maximum observed parked vehicles (93) by the total number of occupied dwelling rots (166). The sine calculation was conducted for the Season and Heritage Villas sites, which yielded a peak parking demand ratio of 0.71 and 0.58 spaces per occupied mt, respectively. An average peak parking demand ratio for all three study sites was then calculated. As shown, in Table 11, the average parking demand ratio was determined to be 0.62 spaces per occupied unit. This ratio was calculated, as follows: ~ '~ · [Sum of Peak Parking Demand Ratios] + [Total Study Sites] = [average spaces per unit], · (0.56 + 0.71 + 0.58) + 3 = 0.62 '.,',~,~ After determining the average parking ratio, the 99 percent confidence interval was determined. This confidence intervalrrepresents- a 99 percent probability that the parking demand will not i~.' exceed the parking supply. Based on statistics, the 99 percent confidence interval is obtained by .... adding three standard deviations to the average. As shown in Table 9, with a standard deviation of 0.08, the 99 percent confidence level parking demand ratio was determined to be 0.86 spaces per unit. As a conservative measure to ensure . ~ that the parking supply is never exceeded, a ten percent (10%) buffer/safety factor was applied to , the 99 percent confidence level demand ratio. As a result, a "design" parking demand ratio of 0.95 spaces per unit was.calculated for the proposed Active Senior Apartments development. i ::' Table 10, similar in structure to that of Table 9, utilizes the parking characteristics of the three south Orange County sites, as well as the two affordable active senior apartment facilities located in the City of Rancho Cucumonga, to calculate a design parking demand ratio. This analysis has ,. been prepared for comparative purposes. As shown in Table 10, the parking demand ratios (i.e., parking demand spaces per occupied unit) for the Heritage Park and Villa Pacifica were calculated to be 0.67 and 0.65 spaces per occupied unit, respectively. As such, with the inclusion of the two affordable active senior apartment facilities, the average parking demand ratio was determined to be 0.63 spaces per unit. With a standard deviation of 0.06, the 99 percent confidence level parking demand ratio was determined to be 0.81 spaces per unit. Upon adding a 10% safety factor, the parking demand ratio was calculated to be 0.89 spaces per unit. As a result, with the inclusion of the parking characteristics of the two affordable active senior :':'! housing facilities, the parking-demand ratio is less than when excluding the_two affordable active senior apartment facilities (i.e., 0.89 spaces per unit versus 0.95 spaces per unit). Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNITIES LLG Reference No. 2-022370-1: Village on the Green July 1, 2002 E N G ~ ~ ~ ~ ~ S Page6 Comparison Of Parking Demand Ratios To evaluate the practicality of the recommended "design" parking demand ratio for the proposed Active Senior Apartments development (0.95 spaces per un/t), a list of parking ratios for senior housing uses fi.om other sources/jurisdictions was compiled for comparison purposes. The following list provides a few examples: · ITE Parking Generators 0.27 spaces per senior dwelling unit · Urban Land Institute 0.25 spaces per senior dwelling trait ' * City of Los Angeles 0.90 spaces per one-bedroom senior housing unit · Los Angeles Housing Development 0.93 spaces per affordable housing unit · City ofYorba Linda 1.00 spaces per senior dwelling unit : [ · Kunzman Associates Stu 0.76 spaces per senior dwelling unit Based on a comparison of the recommended "design" parking ratio with those listed above, the 0.95 spaces per senior dwelling unit can be considered to be conservative, as the parking ratios from other sources/jurisdictions are generally lower. Recommended Parking Supply Based on the parking data collected and the subsequent par,king analysis, a design parking ' ': demand ratio of 0.95 unassigned parking spaces per active senior dwelling unit is recommended. Although this recommended ratio is less than the City's aggregate demand ratio of 1.90 spaces .. · per unit, it should be more than sufficient to accommodate the future parking demands of Village '! on the Green Active Senior Apartments project. In applying the recommended demand ratio to the proposed project, which consists of 264 age- restricted units, a minimum of 251 parkin-gspaces will be required. 2 Kunzman Associates prepared a parking analysis, dated May 20, 1996, to determine an appropriate parking demand ratio for Active Senior Residential Homing. This analysis was approved by the City of Orange in 1996 (Case No. PA 96-0090). N Mr. Anthony A. Ferrero KISCO RETIREMENT COMMUNITIES LLG Reference No. 2-022370-1: Village on the Green July 1, 2002 E r~ c ~ N ~ t R S Page7 We appreciate the opportunity to prepare this analysis. Should you have any questions or comments, please do not hesitate to call me at (714) 641-1587. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS Christopher H. Nh'ga'yen, · Transportation Engineer II attachments: :.'5 i}:~-j N52300~2022370~ReportX2.370 Revised Village on the Green Parking Analysis.DOC ~ o/ : "'"~ I ~-.~ J I ,:,-, ~r ~ '6TH : 'X ST 1 / 6 · ' ~ ~ ~ ~Z~ · ~ s~ ~1 / ~ ~ ~/ ~ ' ' ST~ 4TH {,ogou ' ~ ST ~x3oo J / 1!700 --" . ~ug ~ ...... ..% 4~o:~,==:~:.=:~mll,?:.~ ..]~.,~qo.'~¥, 4' · jj ., ~ . ~., :,, ~: . · , ~. ,-~ :'~,,..~. gg~'~ ..~ ?'. ~';:...:~., ',? .. E IBIT 1 SCALE ~ MN$CO~ ~ ~ · ~ N ~ ~ ~ s VILLAGE ON THE GREEN, RANCHO CUCAMONGA ENGINEERS TABLE 1 PROJECT DESCRIPTION [1] · Village on the Green, Rancho Cucamonga A Alcove 9 B Small One Bedroom 75 C Large One Bedroom 54 D One Bedroom with Den 36 E Small Two Bedroom 54 F Large Two Bedroom 36 TOTAL [ 264 Notes: [1] Source: KISCO Retirement Communities. n:~300~022365~tablesL2370 Table 1 Project Description.xls / ?J ENGINEERS TABLE 2 CITY OF RANCHO CUCAMONGA PARKING CODE REQUIREMENTS [1] Village on the Green, Rancho Cucamonga Studio 1.3 Spaces per Unit One Bedroom 1.5 Spaces per Unit Two Bedrooms 1.8 Spaces per Unit Three Bedrooms 2.0 Spaces per Unit Four or more Bedrooms 2.3 Spaces per Unit In addition, one guest parking spaces per four dwelling unit shall be provided. Notes: [1] Source: City of Rancho Cucamanga Zoning Ordinance, Chapter 17.12 (Parking Regulations). n:~2300~2022370\tables~2370 Table 4 Parking Code.xls ~7ti ENGINEERS TABLE 3 CITY PARKING CODE REQUIREMENTS Village on the Green, Rancho Cucamonga I · 1. Studio 9 1.3 Spaces per Unit 12 2. One Bedroom 165 1.5 Spaces per Unit 248 3. Two Bedroom 90 1.8 Spaces per Unit 162 ~,~,~ Resident Subtotal 264 n/a 422 Guest Spaces 264 0.25 Spaces per Unit 66 "~ TOTAL PARKING CODE-REQUIREMENT 488 AGGREGATE PARKING RATIO (Spaces per Unit) [1] 1.85 [1] Aggregate Parking Ratio = Total Code Requirement / Total Units (488 / 264). n:~2300k2022370\tablesX23370 Table 5 Code Parking Tabula~on.xls /75 ENGINEERS TABLE 4 SIMILAR PROJECTS DEVELOPMENT TABULATION Village on the Green, Rancho Cucamonga The Fountains 12 Studios * Parking Supply = 173 Spaces 30751 El Corazon 124 One Bedrooms * Parking spaces are not assigned Rancho Santa Margarita, CA 30 Two Bedrooms * covered parking-spaces may be '~:ii;:i (949) 766-1620 166 Total Units rented for $15 per month Season . 31641 Rancho Viejo Road 92 One Bedrooms * Parking Supply = 93 Spaces San Juan Capistxano, CA 20 Two Bedrooms * Parking spaces are not assigned i::;i (949) 487-0210 112 Total Units Heritage Villas 26836 Oso Parkway 130 One Bedrooms * Parking Supply = 144 Spaces .... Mission Viejo, CA 13 Two Bedrooms * Parking spaces are not assigned (949) 348-1894 143 Total Units Heritage Park 9601 LomJta Court 168 One Bedrooms * Parking Supply = 180 Spaces Rancho Cucamonga, CA 64 Two Bedrooms * Parking spaces arc not assigned (909) 945-5055 232 Total Units Villa Pacifica 9635 Baseline Road 128 One Bedrooms * Parking Supply = 159 Spaces Rancho Cucamonga, CA 30 Two Bedrooms * Parking spaces are not assigned (909) 483-1534 158 Total Units n:~2300~2022370\tables~2370 Table 6 Similar Projects D~cription.xls E N G I N E E ~ S TABLE 5 WEEKDAY "SPOT" PARKING SURVEYS SUMMARY [1] ACTIVE SENIOR APARTMENTS - TUESDAY, APRIL 24, 2001 Village on the Green, Rancho Cucamonga The Fountains, Rancho Santa Margarita: I:00PM 6 50% 23 38% 32 34% ~ 7 88% 68 39% 6:50 PM 4 33% 26 43% ~ 47% 7 88% 81 47% 11:27 PM 3 25% 31 52% 51 55% 7 88% 92 53% Season, San Joan Capistrano: II:00PM 2 29% 0 75 9~%II 2 50% .9 85% Heritage Villas, Mission Viejo: Notes: [II Souse: T~spo~tion Studio, Inc. n :',2300~2022370\tables~2370 Tables 7 & 8 Parking Survcys.xls (She:t: Saturday) £ N G I N E E R S TABLE 6 WEEKEND "SPOT" PARKING SURVEYS SUMMARY [1] ACTIVE SENIOR APARTMENTS - SATURDAY, APRIL 21, 2001 Village on the Green, Rancho Cucamonga The Fountains, Rancho Santa Margarita: 1:20 PM 7 58% 23 38% 37 40% 8 100% 75 43% 6:35 PM 2 17% 27 45% 49 53% 6 75% 84 -49% ~.~,'~ 11:41 PM 3 - 25% 29 48% 54 58% 7 88% 93 54% : Season, San Juan Capistrano: II:OOPM 1 14~ J 0 - [ 72 88% II 3 75% 76 182% : Heritage Villas, Mission Viejo: · 12:46 PM 0 0 47 35% 6 53 37% 6:18 PM 0 0 65 48% 6 71 49% · II:17PM 0 0 68 50% 8 100% 76 53% Notes: "' [1 } Source: Transportation Studies, Inc. n:~300\2022370~tables~2370 Tablcs 7 & 8 Parking Surveys.xls (Sheet: Saturday) ENGINEERS TABLE 7 WEEKDAY "SPOT" PARKING SURVEYS SUMMARY [1] AFFORDABLE ACTIVE SENIOR APARTMENTS - TUESDAY, APRIL 24, 2001 Village on the Green, Rancho Cucamonga Heritage Park, Rancho Cucamonga: 3:00PM 79 58% 3 17~-il 4 67% 8 42% 94 52% 8:00PM 102 74% 8 44% I 5 83% 15 79% - '130 72% 1:00 AM 108 79% 11 61% I 5 83% 15 79% 139 77% Villa Pacifica , Rancho Cueamonga: · 12:05 PM 35 56% 36 83% 76 48% 9:05 PM 47 76% 45 67% 96 60% ~L~ 12:05 AM 52 84% 46 83% 103 65% Notes: III Source: Transportation Studies, Inc. [2] Other parking spaces include 14 on-street parking spaces, 2 leasing office spaces, 1 van space, and 2 storage unit space~. n:~300~2022370\table$~370 Tables 9 & 10 Parking Surveyz.xls (Sheet: Weekday) ENGINEERS TABLE 8 WEEKEND "SPOT" PARKING SURVEYS SUMMARY [1] AFFORD.4BLE ACTIVE SENIOR APARTMENTS o SATURDAY, APRIL 21, 2001 Village on the Green, Rancho Cucamonga Heritage Park, Rancho Cucamonga: 3:40 PM 91 66% 5 28% 4 67% 17 89% 117 65% ::', 7:00 PM 108 79% 10 56% 5 83% 17 -89% 140 78% :!~i 1:00 AM 109 80% 13 72% 5 83% 19 100% 146 81% "~ Villa Pacifica Rancho Cneamonga: !i,}i ll:05PM 47 76% II 52 57% 4 67% II ~o3 I ~5% [1] Source: Transportation Studies, Inc. [2] Other parking spaces include 14 on-street parking spaces, 2 leasing office spaces, I van space, and 2 storage unit spaces. n:~2300~2022370\tablcs~2370 Tables 9 & 10 Parking Surveys.xls (Sheet: Weekend) E N G I N E E R S TABLE 9 DESIGN PARKING RATIO CALCULATIONS SUMMARY Village on the Green, Rancho Cucamonga Parking Spaces Assigned NO NO Number of Occupied Dwellings [2] - 1 Bedroom or Studio 136 92 130 119 - 2 Bedroom 30 20 13 21 * Total 166 112 143 140 Number of Parking Spaces (Parking Supply) - Visitor 12 7 0 ........ - Covered 60 0 0 ........ -Uncovered 93 82 136 ~ ....... - Handicap 8 4 8 ........ * TCtal 173 93 144 137 ...... Nttmber of Parked Cars (Parking Demand) - Peak Weekday 92 79 83 85 ...... - Peak Weekend Day 93 76 76 82 ...... * Maximum 93 79 83 85 ...... Parking Ratios - Parking Supply per Occupied Dwelling Unit 1.04 0.83 1.01 0.96 ...... - Parking Demand per Occupied Dwelling Unit 0.56 0.71 0.58 i 0.62 0.08 0.86 I 0.95 Notes: [1] The 99th percentile confidanee interval is calculated by adding three standard deviations to the average. [2] At the time of' the parking surveys, all tttree senior apartment facilities were fully bccupied. n:~2300~2022370\tables~2370 Table i I Design Parking Ratio Calc.xls ENGINEERS TABLE 10 DESIGN PARKING RATIO CALCULATIONS SUMMARY (AFFORDABLE ACTIVE SENIOR APARTMENTS INCLUDED) Village on the Green, Rancho Cucamonga Parking Spaces Assigned NO NO NO NO NO .... Number of Dwellings - 1 Bedroom or Studio 136 92 130 168 128 131 - 2 Bedroom 30 20 13 64 30 31 ...... * Total Units 166 112 143 232 158 162 ..... * Total Occupied Units , 166 112 143 223 158 160 Number of Parking Spaces (Parking Supply) - Visitor 12 7 0 18 91 ..... . Covered/Other 60 0 0 19 0 ...... - Uncoverod/Tcnant 93 82 136 137 62 ..... - ~andicap 8 4 8 6 6 ........ * Total 173 93 144 180 159 150 ...... Number of Parked Cars (Parking Demand) - Peak Weekday 92 79 83 139 103 99 ...... . Peak Weekend Day 93 76 76 149 103 99 .... * Maximum 93 79 83 149 ~03 101 .... parking Ratios - Parking Supply per Occupied Dv~,elling Unit 1.04 0.83 1.01 0.81 1.01 0.94 ., - Parking Demand per Occupied Dw¢llin~ Unit 0.56 0.71 0.58 0.67 0.65 0.63 0.06 0.81 0.89 [1] Affordable Senior Housing. [2] The 99th percentile confidence interval is calculated by adding tltree standard deviations to the average. RESOLUTION NO. 02-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT DRC2002-00770, TO ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TH STREET AND PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. KIsco Senior Living filed an application for Development Agreement, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On October 23, 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. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to the staff report. 5. All legal prerequisites pdor 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 October 23, 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; 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 headng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. 02-103 DRC2002-00770 - KISCO SENIOR LIVING October 23, 2002 Page 2 a. This Development Agreement 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 Development Agreement will promote the goals and objectives of the Development Code and the Subarea 18 Specific Plan; and c. The proposed Development Agreement 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 Development Agreement 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 Development Agreement is exempt from further environmental review pursuant to California CEQA Guidelines Section 15061(b-3) and Rancho Cucamonga CEQA Guidelines Section F(10). 5. This Commission hereby recommends approval of the Development Agreement listed as Exhibit "A" of the staff report subject to each and every condition set forth below: Plannin.q Division 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officars, or employees, for any court costs and attomey's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligation under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 'Larry.~,IcNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 02-103 DRC2002-00770 - KISCO SENIOR LIVING October 23, 2002 Page 3 ATTEST: , I, Brad Bullet, 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 23rd day of October 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO ORD,NANCENO. AN ORDINANCE OF THE CITY Of RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DR02002-00770, TO ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TH STREET AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 210-082-53 THRU 57. A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make ~ maximum efficient utilization of resources at the least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." (iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement DRC2002-00770, concerning that property located at the southwest corner of Church Street and Mayten Avenue, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR LIVING November 6, 2002 Page 2 (v~ On October 23, 2002, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through the adoption of its Resolution No.20-103. (vi) On November 6, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the request. (vii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Initial Study Parts I and II, the Development Agreement, and certified the Mitigated Negative Declaration in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above-referenced public hearings on October 23, and November 6, 2002, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposes uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement DRC2002-00499, attached hereto as Exhibit "A." SECTION 5: The Mayor shall sign this Ordinance and the City Clerk 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 cimulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. RECORDING REQUESTED BY RECORDING FEES EXEMPT DUE TO AND WHEN RECORDED MAIL TO: GOVERNMENT CODE SECTION 27383 COBLENTZ, PATCH, DUFFY & BASS, LLP 222 Kearny Street, 7th Floor San Francisco, CA 94108 City Clerk Atto: Harry O'Brien, Esq. (Space Above Line For Recorder's Use Only) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND KSL RC, L.P. TABLE OF CONTENT I. DEFINITIONS .................................................................................................................. 2 II. BENEFITS TO CITY ....................................................................................................... 3 III. PROJECT DEVELOPMENT .......................................................................................... 3 A. Permitted Uses ........................................................................................................ 3 B. Rules, Regulations and Official Policies ................................................................ 3 1. Applicable Rules ......................................................................................... 3 2. Required Parking Ratio for Project ............................................................. 3 3. Restrictive Covenant for Senior Housing ................................................... 4 4. Conflicting Enactments with Respect to Parking ....................................... 4 C. Future Approvals .................................................................................................... 4 D. Permitted Conditions .............................................................................................. 4 E. Term of Map(s) and Other Project Approvals ........................................................ 4 F. Timing of Development. Because the Califomia Supreme Court held in Pardee Construction Co. v. City of Camarillo ........................................................ 5 G. Moratorium ............................................................................................................. 5 H. Vesting of Owner's Rights ...................................................................................... 5 I. Development Agreement/Project Approvals .......................................................... 5 IV. COOPERATION/IMPLEMENTATION ....................................................................... 5 A. Further Assurances; Covenant to Sign Documents ................................................ 5 B. Processing During Third Party Litigation ............................................................... 5 C. State, Federal or Case Law ..................................................................................... 6 D. Other Governmental Bodies ................................................................................... 6 E. Defense of Agreement ............................................................................................ 6 V. GENERAL PROVISIONS ............................................................................................... 6 A. Covenants Run with the Land ................................................................................. 6 B. Transfers and Assignments ..................................................................................... 7 1. Right to Assign ....................................................................................... ;... 7 2. Liabilities Upon Transfer ............................................................................ 7 C. Mortgagee Protection .............................................................................................. 7 D. Statement of Compliance ........................................................................................ 8 i 710481.4 /~ E. Default ..................................................................................................................... 8 F. Annual Review ........................................................................................................ 8 G. Default by City ........................................................................................................ 9 H. Legal Action ............................................................................................................ 9 I. Waiver; Remedies Cumulative ............................................................................. 10 J. Future Litigation Expenses ................................................................................... 10 1. Payment to Prevailing Party ...................................................................... 10 2. Scope of Fees ............................................................................................ 10 3. Term ...................................................................................................................... 10 L. Permitted Delays; Supersedure by Subsequent Laws ........................................... 11 1. Permitted Delays ....................................................................................... 11 2. Supersedure by Subsequent Laws ............................................................. 11 M. Amendment of Agreement .................................................................................... 11 VI. MISCELLANEOUS ....................................................................................................... 11 A. Negation of Partnership ........................................................................................ 11 B. No Third Party Beneficiary ................................................................................... 11 C. Entire Agreement .................................................................................................. 11 D. Severability ........................................................................................................... 12 E. Construction of Agreement ................................................................................... 12 F. Section Headings .................................................................................................. 12 G. Applicable Law ..................................................................................................... 12 H. Notices .................................................................................................................. 12 I. Time is of the Essence .......................................................................................... 13 J. Limitation of Liability ........................................................................................... 13 K. Recordation ........................................................................................................... 13 EXHIBIT A EXHIBIT B ii Iq/ DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND KSL RC, L.P. THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this ___ day of ,2002, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and KSL RC, L.P., a California limited partnership ("Owner"). WITNESSETH: A. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. B. California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") were therefore enacted authorizing a municipality to enter into binding development agreements with persons having legal or equitable interests in real property. C. Owner has a legal or equitable interest in certain real property located in City more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). D. On ., 2002, the City Council (the "Council") made a determination pursuant to California Public Resources Code Section 21166 and State CEQA Guidelines Section 15162, that the proposed development of the Property is within the scope of the previously certified Environmental Impact Reports for the Subarea 18 Specific Plan and the General Plan Update, and that no additional environmental review is required. E. Concurrently with adoption of the Ordinance approving this Agreement, the City Planner has approved Development Plan Review No. DRC2002-00499 ("Development Review"). This Agreement and the Development Review shall constitute the "Project Approvals." F. Development of the Project into a 264 unit senior residential community, including associated amenities (the "Project"), will further the comprehensive planning objectives contained within City's General Plan, as amended, and will result in public benefits, including, among others, the following: 1. Fulfilling long-term economic and social goals for City and the community; 2. Providing fiscal benefits to City's General Fund; 3. Providing short-term construction employment within City; and 4. Providing housing which will help to satisfy City's obligation to meet City's share of regional housing needs, in particular the need for active senior housing. G. For the reasons recited herein, City has determined that the Project is a development for which a development agreement is appropriate under the Development Agreement Statute. H. The Council has determined that this Agreement is consistent with the General Plan and specifically has determined that this Agreement is fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this Agreement. I. In light of the benefits to the City as a result of the development of the Project, City has agreed to enter into this Agreement to modify the parking standards that would otherwise be applied to the Project. The purpose of the modified parking standards is to recognize the unique parking needs of a senior housing project, as more fully explained in the Parking Analysis, dated September 17, 2002, prepared by KSL RC, supported by a Parking Analysis prepared by Linscott, Law and Greenspan dated July 1, 2002. J. The Planning Commission of City (the "Planning Commission") held duly noticed public heatings on this Agreement on October 23, 2002. Following the close of the public hearing, the Planning Commission adopted Resolution No. 02-103 recommending approval of the Agreement to the City Council with conditions. K. The Council, after a duly noticed hearing, adopted Ordinance No. , approving this Agreement, which ordinance will become effective on (the "Effective Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: SECTION I. DEFINITIONS. The following terms shall have the meanings defined for such terms in the Sections set forth below: Term Section Applicable Rules Section III.B. 1. City Introduction Council Recital D. Declaration of Restrictions Section III.B.3. and Exhibit B. Development Agreement Statute Recital B. Duration of the Project Section III.B.3. Effective Date Recital K. Future Approvals Section III.C. Mortgagee Section V.C. Notice of Non-Compliance Section V.F. 710481.4 Owner Introduction Project Recital F. Project Approvals Recital E. Property Recital C. and Exhibit A. Related Parties Section VI.J. ' Required Parking Ratio Section III.B.2. Subsequent Rules Section III.B.4. Parcel Map Recital E. Term Section V.K. Vested Rights Section III.H. SECTION II. BENEFITS TO CITY. In consideration of the benefits resulting from this Project, including, but not limited to, the provision of active senior housing opportunities for the Duration of the Project, as such term is defined in Section III (B)(3), and the benefit to the community that the development of the Project represents, all of which will provide a significant overall benefit to City, City has agreed to enter into this Agreement. SECTION III. PROJECT DEVELOPMENT. A. Permitted Uses. The parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, the location of public improvements, and the required amount of off-street vehicular parking spaces for the project, shall be those set forth in this Agreement, the Project Approvals and the "Applicable Rules" (as hereinafter defined). B. Rules, Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies governing permitted uses, governing density, and governing design, improvement and specifications applicable to development of the Property, shall be those rules, regulations and official policies in fome at the time of the Effective Date, except as modified by this Agreement, including, without limitation, the Project Approvals (collectively, the "Applicable Rules"). Prior to the Effective Date, City and Owner shall use reasonable efforts to identify two identical sets of the Applicable Rules, one set for City and one set for Owner, so that if it becomes necessary in the future to refer to any of the Applicable Rules, there will be a common set of the Applicable Rules available to both parties. 2. Required Parking Ratio for Project. Notwithstanding any rule, regulation or official policy of the City to the contrary, the amount of required off-street vehicular parking spaces for development of the Project shall be the ratio of 1.15 parking spaces for each dwelling unit in the Project (the "Required Parking Ratio.") The Required Parking Ratio shall include all required resident, guest and employee parking spaces. The Required Parking ratio applied to the total number of dwelling units (264 units) for the Project equals 303.6 parking spaces which shall be rounded up to require a minimum of 304 off-street parking spaces. Of the 304 off-street parking spaces required, not less than 132 of those spaces shall be provided in individual "private garages," and not less than 132 of those spaces shall be provided in "carports," as such terms are defined in Section 17.02.140 (C) of the Rancho Cucamonga Development Code. 3. Age Restriction; Declaration of Restrictions. In accordance with the Project Approvals, the Project shall be a senior housing project by which the Owner agrees and covenants that, with the exception of the Resident Manager, at least one resident in each housing unit in the Project shall be at least 55 years of age and that each other resident in the same dwelling unit shall be a qualified permanent resident (as defined in Civil Code Section 51.3), a permitted health care resident (as defined in Civil Code Section 51.3), or a person under 55 years of age whose occupancy is permitted under subdivision (h) of Civil Code Section 51.3 or under subdivision (b) of Civil Code Section 51.4. In order to ensure that this restriction continues for the Duration of the Project, as such term is defined in this subsection, and beyond the expiration of this Agreement, a declaration of restrictions in the form attached hereto as Exhibit B (the "Declaration of Restrictions") shall be executed by the Owner and recorded against the Property which shall remain in effect for the Duration of the Project or until released with the written approval of the City. For purposes of this Agreement, the term "Duration of the Project" shall mean the period of time from the commencement of construction of the Project until the point in time that is the earlier of either: (i) the complete demolition of the Project; or (ii) the City's approval ora change in use from a senior housing project to some other use of the Property. 4. Conflicting Enactments with Respect to Parking. Any change in the amount of required off-street vehicular parking for the Project, including, without limitation, any change in any applicable general, community plan, area or specific plan, zoning, subdivision rule or regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the Council, the Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and which would conflict in any way with or be more restrictive than the Required Parking Ratio ("Subsequent Rules"), shall not be applied by City to the Property. Owner may give City written notice of its election to have any Subsequent Rule applied to the Property, in which case such Subsequent Rule shall be deemed to be an Applicable Rule. C. Future Approvals. Any development of the Property shall require all discretionary approvals required by the Applicable Rules (collectively, the "Future Approvals"). D. Permitted Conditions. Provided Owner's applications for any Future Approvals are consistent with this Agreement and the Applicable Rules, City shall grant in a timely manner the Future Approvals in accordance with the Applicable Rules. E. Term of Map{s) and Other Proiect Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.5, the term of any subdivision or parcel map that may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section V.K below. 710481.4 4 F. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right (without obligation) to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment. G. Moratorium. No City-imposed moratorium or other limitation relating to the required amount of off-street vehicular parking for development of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the Council, an agency of City, the electorate, or otherwise affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or limitation on parking is in conflict with Required Parking Ratio set forth in this Agreement; provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. H. Vesting of Owner's Rights. The rights and entitlements granted to Owner pursuant to this Agreement shall be and constitute "vested rights" or the equivalent of "vested rights," as that term is defined under California law applicable to the development of land or property and the right ora public entity to regulate or control such development of land or property, with respect to the ability of Owner to construct the Project in compliance with the Required Parking Ratio set forth in this Agreement. I. Development Agreement/Proiect Approvals. In/the event of any inconsistency between any Project Approval and this Agreement, the provisions of this Agreement shall control. SECTION IV. COOPERATION/IMPLEMENTATION. A. Further Assurances; Covenant to Sign Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement, including, but not limited to, the execution and recordation of the Declaration of Restrictions that restricts the use of the project for seniors for the Duration of the Project. B. Processing During Third Party Litigation. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of "Ministerial Approvals" (as hereinafter defined), unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. For purposes of this Agreement the term "Ministerial Approvals" shall be defined to mean approvals requiring the determination of conformance with the Applicable Rules, including, without limitation, site plans, design review, 5 710481.4 /~6 development plans, land use plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, conditional and temporary use permits, certificates of use and occupancy and approvals and entitlements and related matters as may be necessary for the completion of the development of the Property. C. State, Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. D. Other Governmental Bodies. To the extent that City, the Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that conflicts with City's obligations under this Agreement. E. Defense of Agreement. 1. Owner shall defend at its sole expense any lawsuit, claim or action brought against City, its agents, officers, or employees, arising out of the approval, execution or implementation of this Agreement. The Owner shall reimburse the City, its agents, officers, or employees for any court costs and attorney's fees which the City, its agents, officers or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this subparagraph. 2. Without limiting the terms and conditions of subparagraph (1V)(E)(1) above, City shall take all actions which are necessary or advisable to uphold the validity and enforceability of this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law. SECTION V. GENERAL PROVISIONS. A. Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. 6 71o481.n B. Transfers and Assignments. 1. Right to Assign. Owner shall have the right to sell, assign or transfer all or portions of the real property comprising the Property to any person at any time during the term of this Agreement. 2. Liabilities Upon Transfer. Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portion of the Property, Owner shall be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) Owner has provided to City ten days' written notice of such transfer and (ii) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of Owner's obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any portion of the Property not owned by such transferee. The transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee. C. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lender(s) providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee ora mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Property shall be entitled to the following rights and privileges: 1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. 2. Any Mortgagee may give notice to City in writing that it holds a mortgage in the Property and may request copies of any notice of default given to Owner under the terms of this Agreement to be sent to that Mortgagee. Any such notice shall include the address to which the Mortgagee desires copies of notices to be mailed. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this 710481.4 7 /~ Agreement, and City shall accept such cure by or at the instance of the Mortgagee as if the same had been made by the Owner. 3. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any monetary obligations of Owner arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary obligations due under this Agreement for the Property, or portion thereof, acquired by such Mortgagee have been paid to City. D. Statement of Compliance. Within thirty days following any written request which either City or Owner may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that to the City's/Agency's knowledge: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager shall be authorized to execute any such statement. E. Default. Failure by City or Owner to perform any term or provision of this Agreement for a period of thirty days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default maybe satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30-day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the Council within thirty calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the Council and a determination that a default exists, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. F. Annual Review. 710481.4 8 / ~ 1. Pursuant to Government Code Section 65865.1, throughout the term of this Agreement, good faith compliance with the terms of this Agreement by Owner shall be reviewed by the Planning Commission at the regularly scheduled Planning Commission meeting next following each annual anniversary of the Effective Date. If as a result of such review, City reasonably determines, on the basis of substantial evidence presented at such meeting, that Owner has not complied in good faith with the terms and conditions hereof, City shall provide written notice thereof ("Notice of Non-Compliance"), stating in specific detail and specific reasons for such finding. After City delivers the Notice of Non-Compliance, Owner shall have the right to cure such non-compliance as provided in Section v.E. above. In the event that Owner does not timely cure the non-compliance after a Notice of Non-Compliance is delivered by City or, if during the period which Owner must cure such default, Owner ceases to make reasonable efforts to effect such cure, City may proceed to terminate this Agreement on ten days' prior written notice to Owner in accordance with the termination procedure set forth in Section v.E. above. 2. In addition to the provisions of subparagraph (V)(F)(1) above, and without limitation thereto, on or before March 15 of each year during the Term following commencement of the Project, the Owner, or its representative, shall file a report of continuing program compliance with the City. Each such report shall contain information as City may reasonably require including, but not limited to a project occupancy profile, including the age of all occupants. In addition, for purposes of assessing the needs of the residents of future similar senior housing developments, City may (a) in any one such report, require Owner to include the results of an on- site parking count survey conducted over a two-day period, including a Saturday, between the hours of 7:00 a.m. and 11:00 p.m. of each such day in the two-day period, and/or (b) conduct its own annual survey of the residents in the Project. G. Default by City. In the event City defaults (as defined in Section V.E. herein) under the terms of this Agreement, Owner shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. H. Legal Action. Any party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enfome any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions shall be heard by a referee who shall be a retired judge from either the San Bemardino County Superior Court, the California Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Owner and City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgrnent thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If Owner and City are unable to agree on a referee within ten days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the 9 710481.4 ~ parties. Any referee selected pursuant to this Section V.H. shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. I. Waiver; Remedies Cumulative. Failure by City or Owner to insist upon the strict performance o f any of the provisions of this Agreement, irrespective of the length o f time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Owner ora default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Owner to take any action with respect to such default or breach. No express written waiver of any defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section V.E., all of the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. J. Future Litigation Expenses. 1. Payment to Prevailing Party. If City or Owner brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, countemlaim, or third-party claim) by reason of defaults, breaches, tortious acts, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees and expert witness fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enfome the judgrnent. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. K. Term. Unless the "Term" (as hereinafter defined) of this Agreement is otherwise terminated, modified or extended by cimumstances set forth in this Agreement or by mutual consent of the parties, the duration of this Development Agreement (the "Term") shall be the longer of either of the following: (i) five (5) years; or (ii) the expiration of the Project Approvals. Notwithstanding the foregoing, if construction of the Project is commenced within the Term, and then before the Term of this Agreement would otherwise expire, the Project is thereafter destroyed by fire, other calamity, by an act of God, or by the public enemy, the Project may be restored and the previously authorized uses completed, provided that restoration is started within one year thereafter and diligently pursued to completion. L. Permitted Delays; Supersedure by Subsequent Laws. 1. Permitted Delays. In addition to any specific provisions of this Agreement, performance of obligations hereunder shall be excused and the Term of this Agreement shall be similarly extended during any period of delay caused at any time by reason of: acts of God such as floods, earthquakes, fires, or similar catastrophes; wars, riots or similar hostilities; strikes and other labor difficulties beyond the party's control (including the party's employment force); the enactment of new laws or restrictions imposed or mandated by other governmental or quasi-governmental entities preventing this Agreement from being implemented; litigation involving this Agreement, the Project Approvals, the Future Approvals or the Ministerial Approvals, which directly or indirectly delays any activity contemplated hereunder, delay in the issuance of bonds or formation of the CFD or other Financing Mechanism; or other causes beyond the party's control. City and Owner shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. 2. Supersedure by Subsequent Laws. If any federal or state law, made or enacted after the Effective Date prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Owner shall meet and confer in good faith to determine the feasibility of any such modification or suspensi°n based on the effect such modification or suspension would have on the purposes and intent of this Agreement. Owner and/or City shall have the fight to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. At Owner's sole option, the term of this Agreement may be extended for the duration of the period during which such new law precludes compliance with the provisions of this Agreement. M. Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Govemment Code Sections 65867 and 65868. SECTION VI. MISCELLANEOUS. A. Negation of Partnership. The Project constitutes private development, neither City nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, 11 710481.4 ~1~* understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Agreement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Owner or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: City: City of Rancho Cucamonga 10500 Civic Center Drive, Box 807 Rancho Cucamonga, CA 91729-0807 Attention: City Manager Facsimile: (909) 477-2849 Copy to: Richards, Watson & Gershon Attorneys at Law Number One Civic Center Circle P. O. Box 1059 Brea, CA 92822-1059 Attention: James L. Markman, Esq. Facsimile: (714) 990-6230 Owner: KSL RC, L.P. 5790 Fleet Street, Suite 300 Carlsbad, CA 92008 12 710481.4 ~3 Attention: Anthony A. Ferrero Facsimile: (760) 804-5909 Copy to: Coblentz, Patch, Duffy & Bass, LLP 222 Kearny Street, 7th Floor San Francisco, CA 94108 Attention: Harry O'Brien, Esq. Facsimile: (415) 989-1663 Either City or Owner may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. I. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereofi J. Limitation of Liability. City hereby acknowledges and agrees that Owner's obligations under this Agreement are solely those ofKSL RC, L.P. and in no event shall any present, past or future officer, director, shareholder, employee, partner, affiliate, manager, representative or agent of Owner ("Related 'Parties") have any personal liability, directly or indirectly, under this Agreement and recourse shall not be available against Owner or any Related Party in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement. The limitations of liability provided in this Section are in addition to, and not in limitation of, any limitation on liability applicable to Owner or any Related Party provided by law or in any other contract, agreement or instrument. K. Recordation. In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against the Property with the County Recorder of San Bemardino County within ten (10) days after the Effective Date. 71~481.4 13 ,~q 1N WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written. "City" CITY OF RANCHO CUCAMONGA, a municipal corporation By: Mayor Attest: City Clerk Approved as to Form: By: City Attomey KSL RC, L.P., a California limited liability partnership "General Partner" By: Name: Title: 14 STATE OF CALIFORNIA ) ) SS, COUNTY OF SAN BERNARDINO ) On ., 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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 within instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On ., 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 within instrument. WITNESS my hand and official seal. Notary Public 15 710481.4 ~ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A-1 710481.4 ~ 7 EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga Attn: City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF RESTRICTIONS REGARDING SENIOR HOUSING PROJECT This Declaration of Restrictions (the "Declaration") is executed as of ,2002, by KSL RC, L.P., a Califomia limited partnership ("Owner"). RECITALS A. Owner is the owner of certain real property generally located near the southwest comer of Sixth Street and Fairway View Lane in the City of Rancho Cucamonga, California, as more particularly described on Exhibit A attached hereto (the "Property"). B. Owner submitted an application for development of a senior housing apartment complex containing approximately two hundred sixty-four (264) dwelling units for senior citizens (the "Project'). In order for Owner to satisfy certain requirements of the Development Agreement entered into by and between the City of Rancho Cucamonga and Owner on date, Owner desires to impose certain restrictions on the Property. C. The City of Rancho Cucamonga, a municipal corporation (the "City"), is intended to be a third party beneficiary of this Declaration, such that consent of the City in a form to be recorded in the Official Records of the County of San Bcrnardino, shall be required for the modification of revocation of the restrictions imposed herein. NOW, THEREFORE, Owner hereby declares and agrees as follows. 1. Occupancy Restrictions. In accordance with the Project Approvals, thc Project shall be a senior housing project by which, with the exception of the Resident Manager, at least one resident in each housing unit in thc Project shall be at least 55 years of age and each other resident in the same dwelling unit shall be a qualified permanent resident (as defined in Civil Code Section 51.3), a permitted health care resident (as defined in Civil Code Section 51.3), or a person under 55 years of age whose occupancy is permitted under subdivision (h) of Civil Code Section 51.3 or under subdivision (b) of Civil Code Section 51.4. 710481.4 B-1 ~4~ 2. Term. This Declaration and the restrictions against the Property contained herein shall automatically terminate and cease to affect the Property upon the earlier of(i) the complete demolition of the Project, or (ii) approval of the City pursuant to the Code of a change in use from a senior housing project operated in accordance with the occupancy restrictions set forth in Section 1 of this Declaration to some other use of the Property. Upon notice of the occurrence of such event, the City Planner of City or his designee shall execute and record a document confirming the termination of this Declaration. Subject to the foregoing, the Property shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the restrictions, covenants, and obligations set forth herein. 3. Modification, Revocation or Termination. This Declaration has been recorded in order to satisfy the requirements of the Development Agreement and to obtain the approval by the City of certain permits for the Project. The restrictions created herein may not be modified, revoked or terminated, except as provided in Section 2, without the written consent of the then record owner of the Property, and any such modification, revocation or termination shall not be effective unless and until the City consents thereto in writing after receiving written notice thereof from the then record owners of the Property, and such modification, revocation or termination, executed by the City Planner of City, is recorded in the Official Records of the County of San Bernardino. 4. Third Party Beneficiary. The City is intended to be a third party beneficiary of this Declaration, with the right to consent to any modification or revocation hereof and the right and authority, at its sole option, to enforce the provisions hereof(including, but not limited to remedies for violation of a building permit); provided, however, that the City shall have no liability whatsoever hereunder with respect to the condition of the Property. 5. Dedication. Nothing contained in this Declaration shall be deemed a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever. It is the intention of Owner that this Declaration shall be strictly limited to and for the purposes expressed herein. 6. Successors. The restrictions contained herein shall run with the land and automatically, and without further action by Owner bind and inure to the benefit of the heirs, assigns, personal representatives, transferees and successors of Owner. 7. Goveming Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. 8. Severability. The invalidity or unenforceability of any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity or enforceability of any other provision hereof, or the same provision when applied to another party or a different set of circumstances. 9. Authority. The persons executing this Declaration on behalf of Owner do hereby covenant and warrant that Owner is a duly authorized and existing limited partnership, and that Owner has and is qualified to do business in Califomia, that Owner has full right and authority to enter into this Declaration, and the persons signing on behalf of Owner are authorized to do so. B-2 10. Counterparts. This Declaration may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Declaration. 1N WITNESS WHEREOF, Owner executed this instrument effective as of the day and year first above written, and City has accepted this Declaration. RSL RC, L.P. a California limited partnership By: Its: By: Its: APPROVED: CITY OF RANCHO CUCAMONGA Mayor ATTEST City Clerk B-3 710481.4 ~/~ THE CITY OF I~AN CH 0 CU CA?l ON GA Staff Report DATE: November 6, 2002 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Contract Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002-00643 FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement associated with a proposal for 216 market-rate senior apartments in the High Density Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital, and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue. APN 227-151-70. RECOMMENDATION: On October 23, 2002, the Planning Commission recommended that the City Council approve the subject development agreement. This recommendation was made in conjunction with Planning Commission approval of a development proposal for a senior apartment project proposed on the southwest corner of Church Street and Mayten Drive within the Terra Vista Community Plan. BACKGROUND AND ANALYSIS: Please refer to the attached Planning Commission report, dated October 23, 2002. 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. ACTION: If the City Council concurs with the findings of the Planning Commission, it would be appropriate for the City Council to approve the amendment by the adoption of the attached Ordinance. City Planner BB:DM\ma Attachments: Exhibit "A" - Planning Commission Report dated October 23, 2002 City Council Ordinance for DRC2002-00643 THE CiTY OF i~AN CH 0 CU CAH 0 N C.A DATE: October 23, 2002 TO. Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Contract Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15923 - FOUNTAIN GLEN PROPERTIES - A proposed subdivision of 2 lots on 18.54 acres in the Mixed Use District (MHO - Office, Hospital and related uses) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227-151-70. Related Files: Development Review DRC2001-00633 and Development Review DRC2002-00643. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00633 - FOUNTAIN GLEN PROPERTIES - The review of detailed site plan and building elevations for a proposal to develop 216 market-rate apartments for seniors on 7.18 acres in the High Residential component (24-30 dwelling units per acre) of the MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227-151-70. Related Files: Development Agreement DRC2002-00643 and Tentative Parcel Map SUBTPM15923. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002-00643 - FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement associated with a proposal for 216 market-rate senior apartments in the High Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227-151-70. Related Files: Tentative Parcel Map SUBTPM15923 and Development/Design Review DRC2002-00633. PROJECT AND SITE DESCRIPTION: A. Prelect Density: 30 Dwelling Units per Acre. .2/2_ PLANNING COMMISSION STAFF REPORT TPM15923/DRC2002-00633/DRC2002-00643 - FOUNTAIN GLEN PROPERTIES October 23, 2002 Page 2 B. Surroundinq Land Use and Zoninq: North - Vacant land/Medium-High Residential (14-24 dwelling units per acre) of the Terra Vista Community Plan South- Retail-restaurant master plan, which includes the Lowe's Home Improvement store/Industrial Park Subarea 7 East - Vacant land/Medium-High Residential (14-24 dwelling units per acre) of the Terra Vista Community Plan West- Rancho San Antonio Medical Center/MHO Mixed Use of the Terra Vista Community Plan C. General Plan Desiqnations: Project Site - Mixed Use North - Medium-High Residential (14-24 dwelling units per acre) South - Industrial Park East - Medium-High Residential (14-24 dwelling units per acre) West - Mixed Use D. Site Characteristics: The project is located in the southeast quadrant of the Terra Vista Community Plan. Surrounding land uses include the proposed Homecoming Master Plan by Lewis Apartment Communities on the north side of Church Street; a vacant parcel designated Medium-High Residential on the east side of Mayten Avenue; the Rancho San Antonio Medical Center in the Mixed Used District (MHO) is located at the west boundary of the site; and a vacant parcel to the south is a component of the Mixed Use District (MHO) that will require a future Master Plan for commercial and/or office site development, and is Parcel 2 of the Tentative Parcel Map. Church Street forms the northern boundary, and Mayten Avenue will form the eastern boundary of the project. The site slopes gently from north to south at approximately 2 pement gradient. The site is covered with non-native grasses, which are disturbed annually for weed control. There are no unique features, nor any existing structures or trees on-site. E. Parking Calculations/Development Aqreement: The applicant has submitted a Trip Generation and Parking Analysis for the project in order to justify a reduced parking ratio for the senior apartments. The study, analyzing three similar projects owned by Fountain Glen in Orange County, determined that 0.95 was typically adequate for senior apartments. However, this project is actually calculated at 1.15 spaces per unit. The 1.15 spaces per unit ratio provide an average of 1 space per unit (regardless of the number of bedrooms) with 1 additional space for approximately every six units for guests, visitors and employees to the facility. Covered parking will be provided within the project at a rate of 50 garages and 40 carports, which is 36 percent of the total number of parking spaces. PLANNING COMMISSION STAFF REPORT TPM15923/DRC2002-00633/DRC2002-00643- FOUNTAIN GLEN PROPERTIES October 23, 2002 Page 3 The Development Agreement (DRC2002-00643) will effectuate the parking ratio of 1.15 spaces per unit and the amount of covered parking spaces, and in return the project will be restricted for use as a senior apartment complex for the life of the structure. The Development Agreement requires that the applicant record a Restrictive Covenant with the property so that all future owners are obligated by the restriction. ANALYSIS: A. General: The proposed project is intended to be a market-rate apartment project for seniors (age 55 and over). The site is located in the southeast quadrant of the Terra Vista Community Plan, in the MHO Mixed Use parcel, adjacent to the Rancho San Antonio Medical Center. The MHO District includes a component for a high-density residential project. SITE PLAN: The primary entrance to the site is on Mayten Avenue, with secondary vehicular access, as well as pedestrian access, to the west onto the Medical Center site. Entry into the site is gated with the entire perimeter of the site fenced for security. Resident garages will be provided along the south and west perimeter of the site. AMENITIES: The proposed project of 216 apartments for seniors is required to provide 5 recreational amenities for the recreation and enjoyment of the residents and should be oriented for seniors. The proposed project includes the following amenities: putting green, pool and spa, outdoor dining and bar-be-que patio, walkways and seating nodes. Facilities within the community building include a library, exercise room, computer center, TV room, and billiards. BUILDING/UNIT TYPES: The project provides both one and two bedroom units, ranging in size from 650 to 840 square feet. All units are within one building comprised of three and four story segments, with three intercepting courtyards that contain the outdoor amenities. B. Desiqn Review Committee: The Design Review Committee (McNeil, Stewart and Coleman) reviewed the project on September 17, 2002 and October 15, 2002 (Exhibit "H"). At the initial Design Review Committee meeting, the Committee reviewed the various components of the project including the segment of the building that is the focal point of the project entry; analyzed the building color scheme, and the addition of stone at primary building focal points and on decorative pilasters along the perimeter fence; and stipulated the requirement for garages within the project. The Committee requested that stone be incorporated at the entry gate, at the corner monument sign, and within significant outdoor community use areas, such as the outdoor dining patio and fencing/pilasters surrounding the pool. The Committee reviewed the project modifications, including the use of stone at prominent locations, and the design and location of the garages on October 15, 2002. .2./9 PLANNING COMMISSION STAFF REPORT TPM15923/DRC2002-00633/DRC2002-00643 - FOUNTAIN GLEN PROPERTIES October 23, 2002 Page 4 C. Technical Review Committee: The Technical Review Committee reviewed the project on September 18, 2002. All requirements of the Committee are included as Conditions of Approval and are included in subsequent plan revisions. The Grading Committee conceptually approved the project at its regularly scheduled meeting of September 17, 2002. D. Environmental Assessment: An Initial Study was prepared for the project. Mitigation is included in the attached Resolution to address impacts to water resources (erosion control and storm water pollution prevention), and air quality. 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 approve the issuance of Mitigated Negative Declaration and adopt the Resolutions of Approval for SUBTPM15923 and DRC2002-00633 and that the Planning Commission recommend approval of Development Agreement DRC2002-00643 to the City Council. Respectfully submitted, Brad Buller City Planner BB:DM:mlg Attachments: Exhibit "A" Vicinity Map Exhibit "B" Site Plan Exhibit "C" Landscape Plan Exhibit "D" Building Elevations Exhibit "E" Unit Floor Plans Exhibit "F" Building Floor Plans Exhibit "G" Tentative Parcel Map Exhibit "H" Design Review Committee Minutes dated September 17 and October 15, 2002 Exhibit "1" Initial Study Exhibit "J" Development Agreement Draft Resolution of Approval for SUBTPM15923 Draft Resolution of Approval for DRC2002-00633 Draft Resolution Recommending Approval for Development Agreement DRC2002-00643 ¼ Vista The Fountains at Terra Developed By: FOIJNTAINGLEN PROPERTIES, Site Utilization Map - Rancho Cuc~onga, Ca. SITE TABULATIONS LEGEND 4th Floor The Fountains at Terra Vista ~ ...... ~ ........ FOUNTAINGLEN PROPERTIES, LLC, 9oss~ ~co ~9~s~ PI h C g C ........... ~- ::~-- .... The Fountains at Te~a Vista Plan R ho C camonga Ca Conceptual Site - anc u , . ~*J~,,~ East Elevation The Fountmns at Terra Vista Developed By: FOUNTAINGLEN PROPERTIES, Conceptual Elevations - R~cho Cuc~onga, Ca. Match Point West Eleva~on North Elevation The Fountains at Terra Vista Dcv¢lopedBy: ~-~ ~ ~,.,a-t~ ~2, sw~c~,aStSa,~oo FOUNTAINGLEN PROPERTIES, LLC. ~l1 ~4~-~,~ Conceptual Elevations - Rancho ~c~onga, Ca. ~,~ ~'~ South Elevation The Fountains at Terra Vista Developed By: .~.Cr~,/~.~'~;~'~ ~ ff~ ..... '-,'-~' ~0~,~swr"~o~s,t°~,~m FOUNTAINGLEN PROPERTIES, LLC. ~ ~,~& ~.~,~ R cho Cuc g C ...... ~ ......... ~ .......... Concep~al Elevations - ~ amon a, a. ~ ~ Garage Elevation: West Carport Elevation Garage Elevation ~ South ['he Fountains at Terra Vista Developed By: ScaleI/8"=l'-0" porlman~c~i ...... FOUNTA1NGLEN PROPERTIES, LLC. ~g ~* 0a~ ~*.5~ *~3~a, The Fountains at Te~a Vista FOUNTAINGLEN PROPERTIES, Conceptual Floor Plans ...................... / KEY PLAN- FIRST FLOOR The Fountains at Terra VistaFOU~TA,N~L~- Conceptual Building Plan - Rancho Cucamonga, Ca. -- ~j~'~ /~': KEY PLAN- FIRST FLOOR The Fountains at Terra Vista FOUNTAINGLEN PROPERTIES, LLC. g PI Conceptual Buildin an - Rancho Cucamonga, Ca. ~,,~': ~ ....... £ KEY PLAN- FIRST FLOOR The Fountains at Terra Vista ~ ................ FOUNTAINGLEN PROPERTIES, LLC. Conceptual Building Plan - Rancho Cucamonga, Ca. ~.~ ................. ® ~-~ TENTATIVE PARCEL MAP :~ NO. 15923 ~ ~ _ RANCHO CUCAMONGA, CA. "-. ,7' ~M; ~ DESIGN REVIEW COMMENTS 7:00 p.m. Debra Meier September 17, 2002 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW DRC2002-00633 - FOUNTAINGLEN PROPERTIES - The review of detailed site plan and building elevations for a proposal to develop 216 market-rate apartments for seniom on 7.18 acres in the High Density Residential component (24-30 dwelling units per acre) of the MHO Distdct (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest comer of Church Street and Mayten Avenue - APN: 227-151-70. Related Files: Development Agreement DRC2002-00643 and Tentative Parcel Map SUBTPM15923. Design Parameters: The project is located in the southeast quadrant of the Terra Vista Community Plan. Surrounding land uses include the proposed Homecoming master plan by Lewis Apartment Communities on the north side of Church Street; and a vacant parcel designated Medium-High Residential on the east side of Mayten Avenue. The site is located in the Mixed Use MHO Distdct (Office, Hospital and related uses), which includes a High Density Residential component (24-30 dwelling units per acre). The MHO distdct encompasses the entire block bound by Foothill Boulevard on the south, Church Street on the north, Mayten Avenue on the east, and Milliken Avenue on the west. The San Antonio Medical Center is located at the southeast comer of Church Street and Milliken Avenue and a vacant paroel south of the site, that is also a component of the Mixed Use MHO District, that will require a future Master Plan for commercial and/or office site development. Senior apartments developed at this location would have access to the adjacent medical facility along with the commercial development along Foothill Boulevard, along with the trails and open space system that is an integral component of the Terra Vista Community Plan. The project includes recreational amenities designed for seniors including on-site walkways, a putting green, pool and spa, outdoor dining and bar-be-cue facilities, along with indoor community rooms (library, exercise, computer center, TV, and billiards). Associated with the Development/Design Review application is a proposed Development Agreement to establish parking at a rate of 0.95 spaces per dwelling unit, and in turn, establish the project as a senior apartment facility for the life of the project. Special Note: There are apparent inconsistencies in drawings between Elevations and Floor Plans that may affect the exterior elevations. Staff has informed the applicant and requested revised plans to be brought to meeting for clarification. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. The project entry from Mayten Avenue views the primary building entry, which enters into the resident common use areas. This portion of the building elevation should make a significantly stronger statement and that will create interest and attention. 2. Enhance the elevations of the second and third floors above the primary building entry. Note: the small windows shown on the elevation do not appear on Floor Plans. In addition to the windows, staff would recommend that more architectural features be added to enhance this important portion of the building. Incorporate the use of a stone base or simila~' material to enhance to building style and design. 3. Consider using a two-tone color scheme, with darker color on lower floor, to help break up ~"~ .3-4 story building maSs. Color may be from stone base. DRC COMMENTS DRC2002-00633 - FOUNTAIN~LEN PROPERTIES September 17, 2002 Page 2 4. Increase building setback to garages along Rancho San Antonio Medical center's entry driveway at the west project boundary from 5 feet to 15 feet. The City's multi-family development standards require a 15-foot building to curb setback for High Residential density. 5. Provide elevations of carports. Design shall follow City's multi-family guidelines: 'Carport structures should exhibit designs which are compatible, supportive, and fully integrated into the overall architectural theme as implemented through the following provisions: 'Flimsy,' 'stick-like' carport designs which portray and add-on, non-permanent perception are not desirable characteristics of a parking area. Substantial design elements should be integrated into the structure to convey a more permanent concept for the'carports.' For example, the carports should have a tile roof. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Provide direct pedestrian access (i.e., sidewalk connection) at project entrenca from public sidewalk on Mayten Street to the main building entry. 2. Provide direct pedestrian access to the medical center from within the project near the fire access. The sidewalk shown at the northwest comer of site is not desirable because of grade differential causing stairs. Use decorative paving across drive-aisle. 3. Provide elevations of the carports for Committee review and approval. 4, Incorporate decorative pilasters in perimeter fence, at least every 100 feet on center, along street frontages. 5. The 9-foot high wall (6-foot garden wall atop a 3-foot retaining wall) along southerly project boundary requires review and approval of a Vadance application. No Variance application has been submitted to date. An alternative to a Vadance would be to terrace walls by placing retaining wall at property line and garden wall on top of slope. Staff Recommendation: Staff recommends that the Committee review and respond to the design comments, and direct the applicant to work out issues with staff before forwarding the project to Commission for review and approval. Desiqn Review Committee Action: Members Present: Larry McNieI,Pam Stewart, Dan Coleman Staff Planner: Debra Meier The applicant presented to the Committee revised plans that responded to several of the comments raised by staff. The first issue discussed was the proposed revisions to the Maytan Street entry focal point. Here the applicant has redesigned the entry to create a rotunda tower that creates a much more dramatic focal point. The applicant has also added the use of stone at the building entry and as a wainscot to columns on the colonnade. The Committee approved the proposed building design, however, they also requested that the applicant include stone on pilasters used for the perimeter fencing, at any area where special treatment is required, such as the corner monument and the entry gates, as well as in community outdoor use areas of special importance, such as the fencing/pilasters surrounding the pool and as accent features in the outdoor dining area. ~,'~ ,e DRC COMMENTS DRC2002-00633 - FOUNTAINGLEN PROPERTIES September 17, 2002 Page 3 The applicant has submitted an analysis upon which they had proposed a base parking ratio of 0.95 spaces per unit. The Committee and staff expressed questions regarding the impact of having a higher rate of two-bedroom apartments, and the effect that might have on parking needs of the residents. The applicant's indicated that two-bedroom units are desirable even for a single tenant for use as a guest room, storage and hobby space. The proposed project is actually parked at a ratio of 1.2 spaces per apartment unit. The final parking ratio must be outlined in the Development agreement, which in turn will ensure that this is a senior-only complex for the life of the project. The Committee preferred to incorporate garages into the development package, rather than the use of carports only. A combination of garages and carports may be acceptable, however, this type of project warrants the availability of garages for residents. The design modifications shall be presented to the committee on the consent calendar pdor to forwarding to he Planning Commission.  ~,.~,~ ~ ,ENVIRONMENTAL _ _iNFORMAT!0. N FORM ~/013 ~Part I - Imtlal Study) Planning Di~Sio~ (909} 4~-2750 te that it is the responsibility of the applicant to ensure that OT BE PROCESSED. Please no ....... .~. rk re uimd to provide missing iNCOMPLETE APPLICA'r!oN?,~L.~ N . --km'/ttal' Cifv ~t~ff wilt not be avallao,e ,u i~,,,,,~ml wo q informat~on. Applioation Number for the project to which this fonw pertains: The Fountains at.Terra Vista project __ Title: LDC Cougar, LLC. c/o Lewis Operating Corp. Nerne & Addrees of projeCt owner(a): 1156 North Mountain Ave. Upland, CA 91785 FountainGlen Properties,' LLC. Naree&Address°f~evel°per°rproject 4220 Von Karman Ave., Suite 200 ---'-- Newport Beach, CA 92§§0 Henry Wang, Development Manager Address: FountainGlen Properties, LLC. 4220 Von Karman Ave., Suite 200 -- -- Newport Be~660 Page I /Vame& Address of person preparfng this form (if different from above): Telephone Number: 949. 223. 5000 Information indicated by astedsk (*) is not required of non-construcEon CUP-s unless otherwise requested by staff. '1) Provide a full scale (6-1/2 x 11) copy of the USGS Quadrant Sheet(a) which includes the project site, and indicate fhe site boundades. 2) Provide a set of color photographs which show representative views into the site from the north, south, east and west; views into and from the site frere the primary access points which aerve the site; and representative views of significant features fre.__m_.m the site. Include a map showing location of each photograph. 3) Project Location (descdbe): $~/C o£ Church and FJayten (to be constructed) 4) Assessor=s Parcel Numbers (attach additional sheet if necessary): 227 - 151 - 70 '5) Gross SiteArea (ac/sq. ft.): 18.54 acres *6) Net Site Area (total s~te s~e minus area of public streets & proposed dedications): 7) Descdbe any proposed general plan amendment or zone change which would affecf the project site (attach additional sheet if necesaary: 8) Include a description of all permits which will be necessaq/ from the City of Rancho Cucamonga and other governmental agencies in order to fully implereent the project: Building Permit ~ 9) Descdbe the physical seffing of the site as it exists before the project including information on topography, soil stability, plant~ and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Descrfbe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, site all souses of information d.a., geological and/or hydrelogic studies, biotic and a~cheotugical surveys, traffic atudies): The site is vacant: land with a slight fall in ~t:owards the south. Soil is stable. A Geotechnical Study by Petra Geotechnical, Environmental Site Assessment by URS Corp. and a Traffic Study by Linscott, Law & Greenspan have been performed. lO)Descfibe the known cultural and/or historical aspects °f the site' Site all soumes of intormation (books, published rep°rts and oral histo,'y) : None 23.5 11) Describe any noise sources and their levels that now affect the Site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Traffic Church Street will not have significant impact. 12) Descdbe the proposed praject ~ de~i£ ~ shoed proWde an adequate des~ption of ~e sin in terms of ultimetc use whim will rasult ~ra the proposed p~ect, indicate if thera am proposed phases ~r development, the extent of derailment ~ occur with each phase, and the antic~ated completion of each ~crement. A~ach addi~nel sheet(s) ~ necessa~: The Fountains will be a 216-unit age-restricted apartment project for active senior citizens at least 55 years of age. There will be one building consisting of a 3-story and a 42story element. __ There will be 259 parking spaces with 100 carports. This gated community will include a pool, spa, community room, library, resource room, crafts center, exercise room and many more amenities. The Fountains should complete construction approximately 16 month~; after obtaining Design Review Approval. 13)Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of lend use (residential, commercial, etC.), intensity of land use (one-fatally, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, setback, raar yaral, etc.): The property is surrounded by vacant land on all sides except for the Rancho San Antonio Medical Center to the west. 14) Will the proposed project change the pattern, scale or character of the surrounding general araa of the project? The project will be architecturally similar to other projects which have been built in the area. ~un ~ u~ U~: lUa M[b GUNSULIHNI5 ~4~'/664l? p.20 15) Indicate the type of short-tern] and long-term noise to be generated, including source and amount. How will ~hese noise levels affect adjacent properties and on-site uses. What methods of sound proofing are proposed? None .16) lndicate proposed removals and/or replacements of mature °r scenic trees: None 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: N o n e 18) lndicate expecled amount of water usage' (See Attachment A for usage estimates). For further cleHfication, please contact the Cucamonga County Water District at g87-2591. 86,400 Peak use (gal/Day) 172,800 a. Residential tgal/daY) b. Commercial~Ind. (gal~day/ac) N / A Peak use (gaJ/min./ac) _ 19) Indicate proposed method of sewage disposal. Septic Tank X Sewer. If septic tanks are proposed, attach percolation testa. If discharge to a sanitary sewage sys~tem is proposed incli~ate expected daily sewage genaration: {'See Attachment A for u~age e~timates). For further cla~ff~cation, please contact the Cucamonga County Water Distr~ct et 987- 2591. 43,200 a. Residential (gal~day) b. Commercial/Ind. (gal~day~ac) N/A -- RESIDENTIAL PROJECTS: 20) Number of residential units; D_etached. (indicate range of parcel sizes, minimum lot size and maximum lot N / A size: 216 rental units A~ached(indicatewhatheruni~am mntalor~rsaleun~$): 21)Anticipated range of sale pdces and/or rants: Sale Price(s) $ N / A to Rent (per month) $ 8_50 to .$.1 , 1.50 22) Specify number of bedmoms by unit type: 51 of 2xl 53 of 2x2 23)lndicateanticipatedhouseholds~e~unE type: 1BR 1,14res/unit 2BR 1.50res/unit 24)Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. ElementaO,: 0 - b. Junior High: 0 c. Senior High 0 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional N /A uses.' 26) Total floor ama of commercial, industrial, or institutional uses by N / A 27) thdicate hours of operation: N ! A Nurnber of Total: employees: Maximum Shift: Time of Maximum Shift: 2g)Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification (at~ach additional sheet if necessary): N/^ 30) Estimation of the number of workers to be hired that cum~nfiy reside in the lq / ^ City.' *31) For cornmereial and industrfal uses only, indicate the source, type and amount of air pollution emissions. (Data should be vedfied through the South Coast Air Quality Management Dist~ct, at (818) 572-6283): . ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If ~o, please indicate their response. . Cucamonga County Water District has provided a "Will Serve letter that there is adequate water. Jun 28 02 09:lla MCE CONSULTRNTS 9~93766~17 p.~3 n use storage, or discharge of hazardous and/or toxic materials? ........... -;=io,'v of this property, has there been a_y. , , ,,_:,...~ ,.. ~r'R= · radioactive substances; pesticides and Examples of nazaroou ..... herbicides; fuels, oils, solvents, and other flammable liquids and gases, Also note underground sforage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if No 34) Will the proposed project involve the temporary or long-term uae, storage or discharge of hazardous and/or toxic be materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to used and proposed method of disposal. The tocation of such uses, along with the storage and shipment ames, shall be shown and labeled on the application plans. ~o I hereby cerdfy that the statements furnished above and in the attached exhibits present the data and information required for adequate .. ,/~luation of this projec~ to the best of my ability, that the facts, statements, and information presented are true and correct tot he best ~ my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Ctty of ,Rancho Cucamonga, .~F ~ ~ City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Tentative Parcel Map SUBTPM15923; Development~Design Review DRC2002-00633; and Development Agreement DRC2002-00643 2. Description of Project: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 16157 - FOUNTAIN GLEN PROPERTIES - A proposed subdivision of 2 lots on 18.54 acres in the Mixed Use MHO District (Office, Hospital and related uses) of the Terre Vista Community Plan located at the southwest corner of Church Street and Mayten Avenue. APN: 227-151-70. Related Files: DRC2001-00633 and DRC2002-00643 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW (DRC2002- 00633) - FOUNTAIN GLEN PROPERTIES - The review of detailed site plan and building elevations for a proposed development of 216 market-rate apartments for seniors on 7.18 acres in the High Density Residential component (24-30 dwelling units per acre) of the MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue. APN 227-151-70. Related Files: Development Agreement DRC2002-00643 and Tentative Parcel Map SUBTPM15923. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002- 00643 - FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement associated with a proposal for 216 market-rate senior apartments in the High Density Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue. APN 227-151-70. Related Files: Tentative Parcel Map SUBTPM15923 and DevelopmentJDesign Review DRC2002-00633. 3. Project Sponsor's Name and Address: Fountain Glen Properties, LLC 4220 Von Karman, 2nd Floor Newport Beach, CA 92660 4. General Plan Designation: Mixed Use. 5, Zoning: The parcel is designated Mixed Use MHO (Office, Hospital and related uses), which includes a High Density Residential component (24-30 dwelling units per acre) in the Terra Vista Community Plan (TVCP). 6. Surrounding Land Uses and Setting: The project is located in the southeast quadrant of the Terra Vista Community Plan. Surrounding land uses include the proposed Homecoming master plan by Lewis Apartment Communities on the north side of Church Street; a vacant parcel designated Medium-High Residential on the east side of Mayten Avenue; the San Antonio Medical Center in the Mixed Used (MHO) district is located at the west boundary of the site; and a vacant parcel south of the site that is also a Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00643 - Fountain Glen Properties Page 2 component of the Mixed Use MHO District that will require a future Master Plan for commercial and/or office site development. Church Street forms the northern boundary, and Mayten Avenue will form the eastern boundary of the project. The site slopes gently from north to south at approximately 2 percent gradient. The site is covered with non-native grasses, which are disturbed annually for weed control. There are no unique features, nor any existing structures or trees on-site. 7. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 8. Contact Person and Phone Number: Debra Meier, AICP, Contract Planner (909) 477-2750 Initial Study for City of Rancho Cucamonga SUBTPM1592~,/DRC2002-00633/DRC2002-00643 - Fountain Glen Propedies Page 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. I (x) Transportation/Circulation ( ) Land Use and Planning ( ) Public Services II ( ) Population and Housing ( ) Biological Resources II (x) Geological Problems ( ) Energy and Mineral Resources ( ) Utilities and Service Systems II (x) Water ( ) Hazards (x) Aesthetics Il(x) Air Quality ( ) Noise (x) Cultural Resources (x) Mandator,/Findings of Significance ( ) Recreation DETERMINATION On the basis of this initial evaluation A NEGATIVE DECLARATION will be prepared: (x) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. Signed: ~~ Debra Meier, AICP Contract Planner September 24, 2002 Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 4 Impact Significant PotentiallYlmpact Impact Less Irrcact issues and Supporting Information Sources: Potentially Unless Than Significant Mitiga~on Significant No Incorporated EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers including a discussion of ways to mitigate the significant effects identified. t. LAND USE AND PLANNING. Would the proposah a) Conflict with general plan designation or zoning? ( ) ( ) (X) b) Conflict with applicable environmental plans or () () (X) policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the () () (X) vicinity? d) Disrupt or divide the physical arrangement of an ( ) ( ) (X) established community? Comments: a-d) The parcel is presently designated Mixed Use MHO (Office, Hospital and related uses) with a High Density Residential component (24-30 dwelling units per acre) in the Terra Vista Community Plan (-I'VCP). The current application includes a Parcel Map to subdivide the property and a proposal for 216 market rate apartments for seniors. The proposed project density is 30 DU/AC. No Plan amendment or change in density is proposed from that which is master-planned in the Terra Vista Community Plan, therefore no impacts to land use will result. 2. POPULATION AND HOUSING. Would the proposal'. a) Cumulatively exceed official regional or local () () () (X) population projections? b) Induce substantial growth in an area either directly ( ) ( ) ( ) (X) or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable ( ) ( ) () (X) housing? Comments: a-c) Construction activities will be short-term and will not attract new employees to the area. The proposed project may result in new residents to the area; however, development at this location has been anticipated since the adoption of the Terra Vista Community Plan in 1983. The site is void of existing structures, and will therefore not impact existing units. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 5 Impact Significant PotentiallYlmpact Irnpac[ Less Impact Issues and Supporting Information Sources: Potentially Unless Than 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) ( ) ( ) (X) b) Seismic ground shaking? ( ) ( ) (X) ( ) c) Seismic ground failure, including liquefaction? ( ) ( ) (X) ( ) d) Seiche hazards? ( ) ( ) ( ) (X) e) Landslides or mudflows? ( ) ( ) ( ) (X) f) Erosion, changes in topography, or unstable soil () () () (X) conditions from excavation, grading, or fill? g) Subsidence of the land? ( ) ( ) ( ) (X) h) Expansive soils? ( ) ( ) ( ) (X) i) Unique geologic or physical features? ( ) ( ) ( ) (X Comments: a-c) No known earthquake faults pass through the site, it is not in an Alquist-Priolo Special Studies Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault. The Red Hill Fault passes approximately 2 miles north and west of the site, and the Cucamonga Fault Zone lies approximately 4 miles northerly. These faults am both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto Fault, capable of producing Mw 7.5 earthquakes, is approximately 10 miles northeast of the site and the San Andreas Fault, capable of producing Mw 8.2 earthquakes, is approximately 12 miles northeast of the site. Each of these faults can produce strong ground shaking. The site is located on stable soils, which are typically not subject to liquefaction. Adherence to the Uniform Building Code will ensure the geologic impacts are less than significant on residential construction. d) The site is not located near a body of water. e-f) The site has a relatively gentle grade, so landslides or mudflows are not likely to occur; no standing or ponding water was present during the Geotechnical research, and grading will be required only to create proper drainage and development of appropriate building pad areas. g-h) Soil type on-site and in the vicinity is Tujunga soil association. These soils are typically excessively drained, moderately sloping soil forming on alluvial fans. They are relatively stable, but are not subject to liquefaction when the water table is relatively shallow. Geotechnical reports prepared for adjacent projects within Term Vista indicates that historic depth to groundwater is on the order of 430-feet. Prior to issuance of building permits, a soil report will be required by the Building and Safety Division. The impact is not considered significant. i) The site contains no unique geologic or physical features. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 6 Issues and Supporting Information Sources: Potentially Unless Than 4. WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or ( ) (X) ( ) ( ) the rate and amount of surface water runoff? b) Exposure of people or property to water related () () () (X) hazards such as flooding? c) Discharge into surface water or other alteration of ( ) ( ) ( ) (X) surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? d) Changes in the amount of surface water in any () () () (X) water body? e) Changes in currents, or the course or direction of ( ) ( ) ( ) (X) water movements? f) Change in the quantity of ground waters, either () () () (X) through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? ( ) ( ) ( (X) h) Impacts to groundwater quality? ( ) ( ) ( (X) i) Substantial reduction in the amount of groundwater ( ) ( ) ( (X) otherwise available for public water supplies? Comments: a) The project is expected to result in changes in absorption rates and drainage patterns. Improved streets, including Church Street along the northern boundary, and Mayten Avenue on the eastern boundary, form a portion of the site perimeter; The site slopes gently from north to south at approximately 2 percent gradient. The City Engineer must approve a drainage study, indicating how storm water will be directed to the existing storm drains in the immediate area, prior to issuance of grading permits. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES). Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity that causes the disturbance of five acres or more. The General Construction permit requires recipients to reduce or eliminate non-storm water discharges into storm water systems, and to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board (RWQCB), Santa Ann Region has issued an area-wide NPDES Storm Water Permit for the County of San Bernardino, the San Bernardino County Flood Control District, and the incorporated cities of San Bernardino County within the Santa Ann Region. The City of Rancho Cucamonga then requires Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 7 Potentially Irn~act Imoact Significant Impact Less Ir~act Incorporated Issues and Supporting Information Sources: Potentially Unless Than implementation of measures for a project to comply with the area-wide permit requirements. The SWPPP will include Best Management Practices (BMPs) to prevent construction of the project to pollute surface waters. This is a standard condition of approval applicable to this project. BMPs would include, but are not limited to street sweeping of paved roads during construction, and the use of hay bales or sand bags to control erosion during the rainy season. The following mitigation measure will be implemented to ensure impacts from water runoff and erosion are less than significant: 1. Prior to issuance of grading permits, the applicant shall prepare a SWPPP that identifies BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. A final grading plan will be prepared in accordance with City standards to show how storm water runoff will be handled both during construction and post-construction. Approval of grading plans and conditions applied to the project by the City Engineer to ensure adequate site drainage and adherence to BMPs identified in the SWPPP will make this impact less than significant. b) The site is not located within a 100-year flood plain. c-e) The project site is not located near a body of water. f-i) The project will have no impact on the direction or course of groundwater, nor will the project come in contact with groundwater or impact ground water quality. 5. AIR QUALITY. Would the proposal'. a) Violate any air quality standard or contribute to an ( ) (X) ( ) ( ) existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ( ) ( ) (X) c) Alter air movement, moisture, or temperature, or () () (X) cause any change in climate? d) Create objectionable odors? ( ) ( ) (X) Comments: a) The proposed project was screened using the Urban Emission Model 7G (URBEMIS7G) prepared by Jones & Stokes under the guidance of the San Joaquin Valley Unified Air Pollution Control District, the Ventura County Air Pollution Control District, and the South Coast Air Quality Management District (SCAQMD). The program generates emissions estimates for land use development projects. The cdteria pollutants screened for included: reactive organic gases (ROG), nitrous oxides (NOx), carbon monoxide (CO), and particulates (PM~0). Two of these, ROG and NO×, are ozone precursors. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633- Fountain Glen Properties Page 8 I Impact Impact Impact Potentially Significant Impact Less Issues and Supporting Information Sources: Potenlially Unless Than Construction Emissions Though not required, construction emissions were screened and quantified to document the effectiveness of control measures (Table 1). Table 1 URBEMIS7G Construction Emissions Summary Pounds per Day) Source ROG N(~. " CO PM~0 Unmit. Mit. Unmit. Mit. Unmit. Mit. Unmit. Mit. Grading 2.03 2.03 27.86 26.47 12.56 8.94 Worker Trips 0.64 0.64 0.90 0.90 1.71 1.71 0.17 0.17 Stationar~ Equip. 0.34 0.34 0.27 0.27 0.02 0.02 Mobile Equip. 0.58 0.55 5.93 5.63 0.39 0.37 Arch. Coatings 70.76 67.22 Asphalt 0.46 0.44 Totals 74.80 71.11 34.97 33.28 1.71 1.71 13.14 9.49 SCAQMD Thres. 75 75 100 100 550 550 150 150 Significant? No No No No No No No No Generally, construction of a project this size will not exceed SCAQMD thresholds for PM~0 and NOx during grading activities, nor SCAQMD thresholds for developed conditions (post-construction impacts) for NO×. In order to reflect the residential nature of the proposed project, the default fleet mix was modified to increase passenger vehicles (i.e. automobiles, small trucks, and sport utility vehicles), and decrease diesel trucks and buses. Additionally, default values for painting activities were adjusted to represent an apartment complex, with units to include an exterior front and rear face but with a majority of the units not to include sides exterior surfaces (like a single-family home). Table 1 shows project impacts before and after mitigation measures have been implemented. During grading, fugitive dust (PM~0) will be generated. Since the region is in non-attainment for PM~0 fugitive dust will be mitigated by the following measures: 2. The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~0 emissions, in accordance with SCAQMD Rule 403. 3. Streets adjacent to the site shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 4. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~0 emissions from the site during such episodes. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 9 Potentially Significant Issues and Supporting information Sources: Potentially Unless Than 5. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for g6 hours or more to reduce PM~0 emissions. b) During construction exhaust emissions from construction vehicles and equipment, and fugitive dust generated by equipment traveling over exposed surfaces will increase NOx and PM~0 levels in the area. The following mitigation measures will ensure impacts to sensitive receptors are at less than significant levels. 6. The construction contractor shall select the construction equipment used on-site based on Iow emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 7. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 8. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use, As shown in Table 2, post-construction activities will not exceed SCAQMD thresholds. A conservative reduction in the trip generation rate for the senior apartments (five trips per day per unit) was used to calculate the total number of trip per day at 1,080. This amount of traffic will generate approximately 138 pounds of CO emissions per day, approximately 411 pounds below the SCAQMD threshold. The impact is less than significant. Table 2 Post Construction Emissions (Pounds per Day) Source ROG Nl~x " CO PM~0 Unmit. Mit. Unmit. Mit. Unmit. Mit. Unmit. Mit. Area Source 10.69 10.68 1.63 1.51 0.69 0.64 0.00 0.00 Mobile Source 19.21 18.27 12.00 11.22 148.30 138.60 7.70 7.19 Totals 29.90 28.95 13.63 12.73 148.99 139.04 7.70 7.19 SCAQMD Thres. 55 55 55 55 550 550 150 150 Significant? No No No No No No No No c/d) The proposed project is the development of 216 apartment units for seniors on approximately 7 acres of land. The end use of the proposed project, high density residential, will not generate emissions that could cause climatic changes or objectionable odors. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 10 Issues and Supporting Information Sources: Polentially Unless Than 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) (X) ( ) b) Hazards to safety from design features (e.g., sharp ( ) ( ) ( ) (X) curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby ( ) ( ) (X) uses? d) Insufficient parking capacity on-site or off-site? ( ) ( ) (x) e) Hazards or barriers for pedestrians or bicyclists? ( ) ( ) (X) f) Conflicts with adopted policies supporting ( ) () (X) alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic impacts? ( ) ( ) (X) Comments: a) A typical apartment project is estimated to generate approximately 6.63 trips per day per apartment unit. It is generally accepted that projects developed exclusively for senior generate much less traffic than that of a traditional apartment dwelling, maybe as much as half the typical trip generation rate depending on the project amenities. A conservative reduction in the trip generation rate for the senior apartments (five trips per day per unit) was used to catculate the total number of trip per day at 1,080; with approximately 83 trips occurring in the AM peak hour and approximately 100 trips occurring in the PM peak hour. Therefore, the estimated peak hour trips are significantly less than the 250-peak hour trip threshold for residential development, which would trigger the requirement for a Congestion Management Plan Traffic Impact Study. The land use is consistent with the Terra Vista Community Plan master plan of public facilities, and the Engineering Division conditions of approval will adequately address the street improvements necessary to accommodate the additional traffic. In addition, the applicant will be responsible for paying the City traffic impact fees and improving the project's frontage along Etiwanda Boulevard. The applicant shall pay traffic impact fees that amount to the project's fair share of roadway improvements as identified by the City Engineer. b/c) Primary access to the proposed project will be taken from Mayten Avenue and an emergency or secondary access point is provided to the west to the Rancho San Antonio Medical Center driveway. The on-site circulation system meets all current Fire Department standards for emergency access. d) The project approval includes a Development Agreement along with the Development/Design Review and the tentative Parcel Map. The purpose of the Development Agreement is to establish a parking ratio that is specifically suited for Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 11 issues and Supporting Information Sources: Potentially Untess Thar~ the development of apartments for seniors (those over age 55). The project has been designed using a parking ratio of 1.2 parking spaces per apartment unit, for a total of 259 parking stalls. This parking ratio essentially provides one space per unit, and 0.2 spaces per unit for guest and employee parking. A specified number of parking spaces will be provided in garages and/or carports as approved by the Design Review Committee. The basis for a reduced parking ratio is supported by a parking generation study performed by Linscott, Law and Greenspan Engineers (dated June 2002). e/f) The project site is located at the southwest corner of Church Street and Mayten Drive. According to Exhibit 111-7 of the City General Plan, a Class II Bike Lane is present on Church Street. Class II bike lanes are located next to the curb or edge of paved roadways and are a minimum of five feet I width. The cyclist shares the road shoulder with vehicles in a Class II Bike route, which include signage, special lane lines and other pavement markings. According to Exhibit 111-13 Hiking and Riding Trials Master Plan of the City General Plan, there are no trails on or adjacent to the site, therefore the proposed project will not cause a hazard or barrier to pedestrians or cyclists in the immediate vicinity. g) Located approximately 3-miles northerly of the Ontario Airport, the site is northerly of the flight path and will not be dangerous to users of aircraft. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their () () (X) habitats (including, but not limited to: plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees, () () (X) eucalyptus windrow, etc.)? c) Locally designated natural communities (e.g., () () (X) eucalyptus grove, sage scrub habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal () () (X) pool)? e) Wildlife dispersal or migration corridors? ( ) ( ) (X) Comments: a) The site is not within an identified habitat area for any endangered species. Native vegetation was cleared from the site as early as 1984 and annual weed and erosion control measures have been undertaken since that time. b-c) Although previously in vineyard cultivation, the site was graded to a super-pad condition in 1984 when much of Terra Vista was rough graded. There are no existing trees or structures on the site. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 12 Issues and Supporting Information Sources: PotentiallyUn~ess Than d) There are no wetland habitats on the site. e) The site is undeveloped; however, development in the vicinity has eliminated any wildlife corridors that may have traversed the site in the past. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? ( ) ( ) (X) b) Use non-renewable resources in a wasteful and () () (X) inefficient manner? c) Result in the loss of availability of a known mineral ( ) ( ) (X) resource that would be of future value to the region and the residents of the State? Comments: a/b) The project will be required to conform to applicable City standards for energy conservation. c) The site is not designated by State Aggregate Resources Area according to the City General Plan, Figure IV-2 and TablelV-1; therefore, there is no impact. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of () () (X) hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response ( ) ( ) (X) plan or emergency evacuation plan? c) The creation of any health hazard or potential () () (X) health hazard? d) Exposure of people to existing sources of potential ( ) ( ) (X) health hazards? e) Increased fire hazard in areas with flammable () () (X) brush, grass, or trees? Comments: a-e) There is no evidence of commercial or industrial uses other than the prior vineyard cultivation. No evidence of discarded drums, containers, hazardous wastes, or discolored soil are observed. There is no indication of underground storage tanks or illegal dumping, or refuse on the site. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 13 Issues and Supporting Information Sources: Potentially Unless Than 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) ( ) (X) ) b) Exposure of people to severe noise levels? ( ) ( ) (X) ) Comments: a) The primary existing noise source in the project area is transportation corridors. Traffic along Church Street is the predominant source contributing to the ambient noise level in the area. Construction of the proposed project would not result in high noise levels to any existing residents, since the only development in the immediate area is the Rancho San Antonio Medical center. This facility is not a hospital, no patients will be disturbed by early morning noise generation when equipment is fired-up for the day; and daily construction activities will not cause hazard or annoyance to the operations at the facility. b) This segment of Church Street, between Milliken Avenue and Mayten Drive, has not been identified as having the potential for noise levels exceeding 60 dBA according to General Plan Exhibit V-13. In addition the apartment units are set in excess of 100-feet from the roadway edge, further diminishing the potential impact of roadway noise on the proposed project. Therefore, the resulting impact of roadway noise is not considered significant. 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) ( ) (X) b) Police protection? ( ) ( ) ( ) (X) c) Schools? ( ) ( ) ( ) (X) d) Maintenance of public facilities, including roads? ( ) ( ) ( ) (X) e) Other governmental services? ( ) ( ) ( ) (X) Comments: a-e) Fire Protection - The site, located on Church Street at Terra Vista Parkway, will be served by a fire station located near Base Line Road east of Day Creek Channel, or Milliken Avenue near Banyan Avenue. Standard Conditions of Approval of the Uniform Building and Fire Codes are placed upon project approval. Police Protection - The proposed residential subdivision will incrementally increase the need for routine police protection services, consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee schedule adopted by the City Council. Schools - The proposed project is located within the Terra Vista Community, which has agreements with the affected school districts to fund school construction. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 14 Impact Significant PotentiallYlmpact Impact Less Impact Issues and Supporting Information Sources: Poten[ially Unless Than However, the proposed project is proposed specifically for seniors (age 55 and over) and will not generate any student population. Parks - The proposed project is located within the Terra Vista Community, which has a Park Implementation Agreement approved by the City Council, through which park sites are developed for the entire Community Plan area. Public Facilities/Services - The proposed residential subdivision would incrementally increase traffic on adjacent streets, consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities: a) Power or natural gas? (X) b) Communication systems? (X) c) Local or regional water treatment or distribution (X) facilities? d) Sewer or septic tanks? (X) e) Storm water drainage? (X) f) Solid waste disposal? (X) g) Local or regional water supplies? ( ) (X) Comments: a-g) The proposed project will include the construction of 216 multi-family residences. The proposed development will extend as necessary existing utilities into the site as a condition of development. The proposed project will not require major modification or alterations to the existing utility infrastructure in the immediate area. 13. AESTHETICS. Would the proposah a) Affect a scenic vista or scenic highway? ( ) ( ) ( ) (X) b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (X) c) Create light or glare? ( ) ( ) (X) ( ) Comments: a-b) The proposed apartments, designed for seniors, are located adjacent to Church Street in a mixed use district, and must be developed in conformance with the landscape and streetscape guidelines of the Terra Vista Community Plan. The residential structures must receive City of Rancho Cucamonga Design Review Committee approval prior to project approval. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633- Fountain Glen Properties Page 15 Issues and Supporting Information Sources: Potentially UnlessThan Signi~cant Mitigation Significant c) The proposed project development will increase the number of streetlights and security lighting used in the immediate vicinity. Because of the nature of the existing residential and commercial development in the area surrounding the site, the impacts of lightJglare will not be significant. 14. CULTURAL RESOURCES. Would the proposah a) Disturb paleontological resources? ( ) (X) b) Disturb archaeological resources? ( ) (X) c) Affect historical or cultural resources? (X) ( ) d) Have the potential to cause a physical change () (X) which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the ( ) (X) potential impact area? Comments: a-e) Although no cultural resources have been observed during previous grading on the site and on surrounding parcels, as well as during annual site maintenance, additional grading on the site may expose or uneadh historic cultural resources. As much of the surrounding area has previously been developed, the likelihood of unearthing cultural resources is minimal and impacts are, therefore, considered to be less than significant. In the event that any such resources are discovered, the contractor will be required to contact the owner of the site and the San Bernardino County Museum for the proper recovery, removal, or documentation. '15. RECREATION. Would the proposah a) Increase the demand for neighborhood or regional ( ) ( ) ( ) (X) parks or other recreational facilities? b) Affect existing recreational opportunities? ( ) ( ) ( ) (X) Comments: a) The proposed residential subdivision, including 216 apartments for seniors, will include specific on-site amenities designed for seniors. Even so, the project will incrementally increase the use of existing parks within Terra Vista; however, a Park Implementation Agreement was adopted by the City Council, which sets standards for park development within Terra Vista. b) The proposed apartments are located easterly of Ralph Lewis Park and southerly of Milliken Park. The proposed project will not negatively impact the use or enjoyment of any of the existing parks in Terra Vista or the City of Rancho Cucamonga. ,253 Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 16 Impact Incorpcrated Irr~act Impact i Potentially Issues and Supporting Information Sources: Potentially Unless Than 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the ( ) ( ) ( ) (X) potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate impodant examples of the major periods of California history or prehistory? b) Short term: Does the project have the potential to ( ) (X) ( ) ( ) achieve short-term, to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) c) Cumulative: Does the project have impacts that () () () (X) are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Substantial adverse: Does the project have () () () (X) environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not within an identified habitat area for any endangered species. Native vegetation was cleared from the site in 1984. At this time, the vineyard was removed and the site was graded to a "superpad" condition. Annual erosion and weed control measures have been undertaken since that time. There are no existing trees or structures remaining on the site. b) The project site is approximately 7 acres in size, and grading will entail establishing proper drainage and residential building pads suitable for multi-family development. Although the short-term construction activities may result in dust and noise, which may be noticeable to existing residents in the immediate area, significant impacts are avoided through implementation of erosion control and dust suppression measures identified in Section 5. Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 17 Issues and Supporting Information Sources: PotentiellyUnless Than C) The site is within the Terra Vista Community Plan, and the proposed project is consistent with the City of Rancho Cucamonga General Plan along with the certification of a Program EIR, Findings of Fact, and a Statement of Overriding Consideration for significant adverse environmental effects of buildout in the City and sphere of influence. The City made findings that adoption of the General Plan would result in significant adverse effects to air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however they would not reduce impacts to less than significant levels. As such, the City adopted statements of overriding consideration balancing the benefits of development under the General Plan update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and statements of overriding consideration, no further discussion or evaluation of cumulative impacts is required. d) The proposed development on 7 acres would not cause substantial adverse effects on human beings, either directly or indirectly. The site is located on a High Density Residential portion of the MHO Mixed Use District in the Terra Vista Community Plan. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and ara available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (X) General Plan and Program EIR (Certified October 17, 2001) (X) Terra Vista Planned Community EIR (SCH #81082808, certified February 16, 1983) (X) Geotechnical Report, prepared by Petra Geotechnical, Inc., dated June 17, 2002. ,2.55 OCT 17 '02 10:48 FROM:P^C GULF EXEC OFCS ?142235034 T-200 P.OZ/O2 F-145 · Initial Study for City of Rancho Cucamonga SUBTPM15923/DRC2002-00633/DRC2002-00633 - Fountain Glen Properties Page 18 Issues and Supporting Information 8ources: APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. $i~lnature:, Date: Print Name and Title: ~,~'g City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 2f092 of the Public Resources Code. Project File No.: DevelopmentAgmement DRC2002-00643 Public Review Period Closes: October 23, 2002 Project Name: Project Applicant: Fountain Glen PmpedJes Project Location (also see attached map): Located at the southwest comer of Chumh Sb*eet and Mayten Avenue- APN: 227~151-70. Project Description: A proposed Development Agreement associated with a proposal for 216 market-rate senior apan'ments in the High Residential component (24-30 dwelling units per acre) of the Mixed Use MHO Distdct (Office, Hospital and related facilities) of the Terra Vista Community Plan. Related Files: Tentative Pamel Map SUBTPM15923 and Development Review DRC2002-00633. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) Them is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. if adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding am included in the attached Initial Study. The project file and all mleted documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. Date of Determination Adopted By RESOLUTION NO. 02-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONC-:-~ TO ENTER INTO DEVELOPMENT AGREEMENT DRC2002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MAYTEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY pLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR RF--~.L PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Fountain Glen Properties, filed an application for Development Agreement No. 2002-00643, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On October 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said heating on that date. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed' Development Agreement is attached as Exhibit "A" to the staff report. 5. The Planning Commission has reviewed and considered the associated Mitigated Negative Declaration prepared for said project. 6. 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. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein, conform to the General Plan of the City of Rancho Cucamonga. 3. Based upon the facts and information contained in the Mitigated Negative Declaration, together with all written and omi reports, the Planning Commission finds that there is no substantial evidence that the p~ject will have a significant effect upon the environment. a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this PLANNING COMMISSION RESOLUTION NO. 02-100 DRC2002-00643 - FOUNTAIN GLEN PROPERTIES October 23, 2002 Page 2 Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application, a copy of which is included in the Resolutions for the related files: SUBTPM15923 and Development Review DRC2002-00633. b. Although the Mitigated Negative Declaretion identifies certain Significant envirenmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the preject. c. Pursuant to the previsions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole the Initial Study and Mitigated Negative Declaration for the preject, there is no evidence that the preposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaretion, the staff reports and exhibits, and the information previded to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c,-1-d) of Title 14 of the California Code of Regulations. 4. This Commission hereby recommends appreval of the Development Agreement listed as ,. Exhibit "J" of the staff report subject to each and every condition set forth below. 1) The applicant shall agree to defend at his sole expense any action breught against the City, its agents, officers, or employees, because of the issuance of such appreval, or in the altemative, to relinquish such appreval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2002. pLANNING COMMISSION OF THE CITY OF RANCHO CuCAMONGA BY: ' Lan~/McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 02-100 DRC2002-00643 - FOUNTAIN GLEN PROPERTIES October 23, 2002 Page 3 I, Bred Bullet, 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 23rd day of October 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MAClAS, MCN!EL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO ORDINANCE NO. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DR02002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MAYTEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY PLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-70. A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) Assurance to the applicant for a development project, that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce fhe economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." (iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement DRC2002-00643, concerning that property located at the southwest corner of Church Street and Mayten Avenue, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2002-00643 - FOUNTAIN GLEN PROPERTIES November 6, 2002 Page 2 (v) On October 23, 2002, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval with conditions through the adoption of its Resolution No. 02-100. (vi) On November 6, 2002, the City Council of the City of Rancho'Cucamonga conducted a duly noticed public hearing concerning the request. (vii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Initial Study Parts I and II, the Development Agreement, and certified the Negative Declaration in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above-referenced public hearings on October 23 and November 6, 2002, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposes uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. SECTION 4: It is expressly found that the public necessity, general welfare, and good zonin9 practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement DR02002-00643, attached hereto as Exhibit "A." SECTION 5: The Mayor shall sign this Ordinance and the City Clerk 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. RECORDING REQUESTED BY RECORDING FEES EXEMPT DUE TO AND WHEN RECORDED MAIL TO: GOVERNMENT CODE SECTION 27383 PILLSBURY WINTHROP LLP 10100 Santa Monica Boulevard, Suite 2300 Los Angeles, CA 90067 City Clerk Attn: Lewis G. Feldman, Esq. (Space Above Line For Recorder's Use Only) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND FOUNTAINGLEN PROPERTIES, L.P. 710655.2 70786~ ~ ~ TABLE OF CONTENTS I. DEFINITIONS .................................................................................................................. 2 II. BENEFITS TO CITY ....................................................................................................... 3 III. PROJECT DEVELOPMENT .......................................................................................... 3 A. Permitted Uses ......................................................................................................... 3 B. Rules, Regulations and Official Policies ................................................................. 3 1. Applicable Rules ......................................................................................... 3 2. Required Parking Ratio for Project ............................................................. 3 3. Restrictive Covenant for Senior Housing .................................................... 3 4. Conflicting Enactments with Respect to Parking ........................................ 4 C. Future Approvals ..................................................................................................... 4 D. Permitted Conditions ............................................................................................... 4 E. Term of Map(s) and Other Project Approvals ........................................................ 4 F. Timing of Development .......................................................................................... 4 G. Moratorium .............................................................................................................. 5 H. Vesting of Owner's Rights ...................................................................................... 5 I. Development Agreement/Project Approvals .......................................................... 5 IV. COOPERATION/IMPLEMENTATION ....................................................................... 5 A. Further Assurances; Covenant to Sign Documents ................................................. 5 B. Processing During Third Party Litigation ............................................................... 5 C. State, Federal or Case Law ...................................................................................... 6 D. Other Governmental Bodies .................................................................................... 6 E. Defense of Agreement ............................................................................................. 6 F. Age Restriction ........................................................................................................ 6 V. GENERAL PROVISIONS ............................................................................................... 6 A. Covenants Run with the Land ................................................................................. 6 B. Transfers and Assignments ..................................................................................... 7 1. Right to Assign ............................................................................................ 7 2. Liabilities Upon Transfer ............................................................................ 7 C. Mortgagee Protection ................. : ............................................................................ 7 D. Statement of Compliance ........................................................................................ 8 i 710655.2 E. Default ..................................................................................................................... 8 F. Annual Review ........................................................................................................ 9 G. Default by City ........................................................................................................ 9 H. Legal Action ............................................................................................................ 9 I. Waiver; Remedies Cumulative .............................................................................. 10 J. Future Litigation Expenses .................................................................................... 10 1. Payment to Prevailing Party ...................................................................... 10 2. Scope of Fees ............................................................................................ 10 3. Term ...................................................................................................................... 10 L. Permitted Delays; Supersedure by Subsequent Laws ........................................... 11 1. Permitted Delays ....................................................................................... 11 2. Supersedure by Subsequent Laws ............................................................. 11 M. Amendment of Agreement .................................................................................... 11 VI. MISCELLANEOUS ........................................................................................................ 11 A. Negation of Partnership ......................................................................................... ! 1 B. No Third Party Beneficiary ................................................................................... 12 C. Entire Agreement .................................................................................................. 12 D. Severability ............................................................................................................ 12 E. Construction of Agreement ................................................................................... 12 F. Section Headings ................................................................................................... 12 G. Applicable Law .....~ ............................................................................................... 12 H. Notices ................................................................................................................... 12 I. Time is of the Essence ........................................................................................... 13 J. Limitation of Liability ........................................................................................... 13 K. Recordation ........................................................................................................... 13 EXHIBIT A EXHIBIT B 710655.2 ii ~5 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND FOUNTAINGLEN PROPERTIES, LP THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this day of ,2002, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and FOUNTAINGLEN PROPERTIES, LP, a Delaware limited partnership ("Owner"). WITNESSETH: A. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. B. California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") were therefore enacted authorizing a municipality to enter into binding development agreements with persons having legal or equitable interests in real property. C. Owner has a legal or equitable interest in certain real property located in City more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). D. On __, 2002, the City Council (the "Council"), after making appropriate findings, approved a Mitigated Negative Declaration pursuant to the provisions of the California Environmental Quality Act. E. Concurrently with adoption of the Ordinance approving this Agreement, the City has approved Tentative Parcel Map No. 15923 with Conditions of Approval ("Parcel Map"), and Development Plan Review No. DRC2002-00633 ("Development Review"). This Agreement, the Parcel Map and the Development Review shall constitute the "Project Approvals." F. Development of the Project into a 216 unit senior residential community, including associated amenities (the "Project"), will further the comprehensive planning objectives contained within City's General Plan, as amended, and will result in public benefits, including, among others, the following: 1. Fulfilling long-term economic and social goals for City and the community; 2. Providing fiscal benefits to City's General Fund; 3. Providing short-term construction employment within City; and 4. Providing housing which will help to satisfy City's obligation to meet City's share of regional housing needs, in particular the need for active senior housing. 710655.2 G. For the reasons recited herein, City has determined that the Project is a development for which a development agreement is appropriate under the Development Agreement Statute. H. The Council has determined that this Agreement is consistent with the General Plan and specifically has determined that this Agreement is fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this Agreement. I. In light of the benefits to the City as a result of the development of the Project, City has agreed to enter into this Agreement to modify the parking standards that would otherwise be applied to the Project. The purpose of the modified parking standards is to recognize the unique parking needs of a senior housing project, as more fully explained in the Parking Analysis, dated June 12, 2002, prepared by Linscott, Law and Greenspan Engineers. J. The Planning Commission of City (the "Planning Commission") held duly noticed public hearings on this Agreement on October 23, 2002. Following the close of the public hearing, the Planning Commission adopted Resolution No. 02-100, recommending approval of the Agreement to the City Council with conditions. K. The Council, after a duly noticed hearing, adopted Ordinance No. approving this Agreement, which ordinance will become effective on (the "Effective Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: SECTION I. DEFINITIONS. The following terms shall have the meanings defined for such terms in the Sections set forth below: Term Section Applicable Rules Section m.B.l. City Introduction Council Recital D. Declaration of Restrictions Section III.B.3. and Exhibit B. Development Agreement Statute Recital B. Duration of the Project Section III.B.3. Effective Date Recital K. Future Approvals Section III.C. Mortgagee Section V.C. Notice of Non-Compliance Section V.F. Owner Introduction Project Recital F. Project Approvals Recital E. Property Recital C. and Exhibit A. Related Parties Section VI.J. 710655.2 2 Required Parking Ratio Section III.B.2. Subsequent Rules Section III.B.4. Parcel Map Recital E. Term Section V.K. Vested Rights Section III.H. SECTION II. BENEFITS TO CITY. In consideration of the benefits resulting from this Project, including, but not limited to, the provision of active senior housing opportunities for the Duration of the Project, as such term is defined in Section III (B)(3), and the benefit to the community that the development of the Project represents, all of which will provide a significant overall benefit to City, City has agreed to enter into this Agreement. SECTION III. PRO,,IECT DEVELOPMENT. A. Permitted Uses. The parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, the location of public improvements, and the required amount of off-street vehicular parking spaces for the project, shall be those set forth in this Agreement, the Project Approvals and the "Applicable Rules" (as hereinafter defined). B. Rules, Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies goveming permitted uses, governing density, and governing design, improvement and specifications applicable to development of the Property, shall be those rules, regulations and official policies in force at the time of the Effective Date, except as modified by this Agreement, including, without limitation, the Project Approvals (collectively, the "Applicable Rules"). Prior to the Effective Date, City and Owner shall use reasonable efforts to identify two identical sets of the Applicable Rules, one set for City and one set for Owner, so that if it becomes necessary in the future to refer to any of the Applicable Rules, there will be a common set of the Applicable Rules available to both parties. 2. Required Parking Ratio for Project. Notwithstanding any rule, regulation or official policy of the City to the contrary, the amount of required off-street vehicular parking spaces for development of the Project shall be the ratio of 1.15 parking spaces for each dwelling unit in the Project (the "Required Parking Ratio.") The Required Parking Ratio shall include all required resident, guest and employee parking spaces. The Required Parking Ratio applied to the total number of dwelling units (216 units) for the Project equals 248.4 parking spaces which shall be rounded up to require a minimum of 249 off-street parking spaces. Of the 249 off-street parking spaces required, not less than 108 of those spaces shall be provided in individual "private garages," and not less than 108 of those spaces shall be provided in "carports," as such terms are defined in Section 17.02.140 (C) of the Rancho Cucamonga Development Code. 3. Restrictive Covenant for Senior Housing. In accordance with the Project Approvals, the Project shall be a senior housing project by which the Owner agrees and covenants that, with the exception of the employees of Owner, at least one resident in each housing unit in the Project shall be at least 55 years of age and that each other resident in the same dwelling unit, if any, shall be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (h) of Civil Code Section 51.3 or under subdivision (b) of Civil Code Section 51.4. In order to ensure that this restriction continues for the Duration of the Project, as such term is defined in this subsection, and beyond the expiration of this Agreement, a declaration of restrictions in the form attached hereto as Exhibit B (the "Declaration of Restrictions") shall be executed by the Owner and recorded against the Property which shall remain in effect for the Duration of the Project or until released with the written approval of the City. For purposes of this Agreement, the term "Duration of the Project" shall mean the period of time from the commencement of construction of the Project until the point in time that is the earlier of either: (i) the complete demolition of the Project; or (ii) the City's approval of a change in use from a senior housing project to some other use of the Property. 4. Conflicting Enactments with Respect to Parking. Any change in the amount of required off-street vehicular parking for the Project, including, without limitation, any change in any applicable general, community plan, area or specific plan, zoning, subdivision rule or regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the Council, the Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and which would conflict in any way with or be more restrictive than the Required Parking Ratio ("Subsequent Rules"), shall not be applied by City to the Property. Owner may give City written notice of its election to have any Subsequent Rule applied to the Property, in which case such Subsequent Rule shall be deemed to be an Applicable Rule. C. Future Approvals. Any development of the Property shall require all discretionary approvals required by the Applicable Rules (collectively, the "Future Approvals"). D. Permitted Conditions. Provided Owner's applications for any Future Approvals are consistent with this Agreement and the Applicable Rules, City shall grant in a timely manner the Future Approvals in accordance with the Applicable Rules. E. Term of Map(s) and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section v.K below. F. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right (without obligation) to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exemise of its subjective business judgment. G. Moratorium. No City-imposed moratorium or other limitation relating to the required amount of off-street vehicular parking for development of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the Council, an agency of City, the electorate, or otherwise affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or limitation on parking is in conflict with Required Parking Ratio set forth in this Agreement; provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. H. Vesting of Owner's Rights. The rights and entitlements granted to Owner pursuant to this Agreement shall be and constitute "vested rights" or the equivalent of "vested rights", as that term is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, with respect to the ability of Owner to construct the Project in compliance with the Required Parking Ratio set forth in this Agreement. I. Development Agreement/Project Approvals. In the event of any inconsistency between any Project Approval and this Agreement, the provisions of this Agreement shall control. SECTION IV. COOPERATION/IMPLEMENTATION. A. Further Assurances; Covenant to Sign Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement, including, but not limited to, the execution and recordation of the Declaration of Restrictions that restricts the use of the project for seniors for the Duration of the Project. B. Processing During Third Party Litigation. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of "Ministerial Approvals" (as hereinafter defined), unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. For purposes of this Agreement the term "Ministerial Approvals" shall be defined to mean approvals requiring the determination of conformance with the Applicable Rules, including, without limitation, site plans, design review, development plans, land use plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, conditional and temporary use permits, certificates of use and occupancy 710655.2 5 27 5 and approvals and entitlements and related matters as may be necessary for the completion of the development of the Property. C. State, Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. D. Other Governmental Bodies. To the extent that City, the Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that conflicts with City's obligations under this Agreement. E. Defense of Agreement. 1. Owner shall defend at its sole expense any lawsuit, claim or action brought against City, its agents, officers, or employees, arising out of the approval, execution or implementation of this Agreement. The Owner shall reimburse the City, its agents, officers, or employees for any court costs and attorney's fees which the City, its agents, officers or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this subparagraph. 2. Without limiting the terms and conditions of subparagraph (IV)(E)(1) above, City shall take all actions which are necessary or advisable to uphold the validity and enforceability of this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law. F. Age Restriction. Owner agrees and covenants that for the Duration of the Project, and with the exception of the employees of Owner, at least one resident in each housing unit in the Project shall be at least 55 years of age and that each other resident in the same dwelling unit, if any, shall be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (h) of Civil Code Section 51.3 or under subdivision (b) of Civil Code Section 51.4. This requirement shall not be rescinded without the written approval of the City and shall be reflected in the Declaration of Restrictions which shall be executed by Owner, recorded against the Property, and shall remain in effect for the Duration of the Project or until released by the City. SECTION V. GENERAL PROVISIONS. A. Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective 6 710655.2 ~7/ heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers and Assignments. 1. Right to Assign. Owner shall have the right to sell, assign or transfer all or portions of the real property comprising the Property to any person at any time during the term of this Agreement. 2. Liabilities Upon Transfer. Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portion of the Property, Owner shall be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) Owner has provided to City ten days' written notice of such transfer and (ii) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of Owner's obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any portion of the Property not owned by such transferee. The trans, feree shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee. C. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lender(s) providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Property shall be entitled to the following fights and privileges: 1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. 2. Any Mortgagee may give notice to City in writing that it holds a mortgage in the Property and may request copies of any notice of default given to Owner under the terms of this Agreement to be sent to that Mortgagee. Any such notice shall include the address to which the Mortgagee desires copies of notices to be mailed. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of 710655.2 this Agreement, City shall provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement, and City shall accept such cure by or at the instance of the Mortgagee as if the same had been made by the Owner. 3. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any monetary obligations of Owner arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary obligations due under this Agreement for the Property, or portion thereof, acquired by such Mortgagee have been paid to City. D. Statement of Compliance. Within thirty days following any written request which either City or Owner may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that to the City's/Agency's knowledge: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager shall be authorized to execute any such statement. E. Default. Failure by City or Owner to perform any term or provision of this Agreement for a period of thirty days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30-day period without - cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the Council within thirty calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the Council and a determination that a default exists, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. 710655.2 F. Annual Review. 1. Pursuant to Government Code Section 65865.1, throughout the term of this Agreement, good faith compliance with the terms of this Agreement by Owner shall be reviewed by the Planning Commission at the regularly scheduled Planning Commission meeting next following each annual anniversary of the Effective Date. If as a result of such review, City reasonably determines, on the basis of substantial evidence presented at such meeting, that Owner has not complied in good faith with the terms and conditions hereof, City shall provide written notice thereof ("Notice of Non-Compliance"), stating in specific detail and specific masons for such finding. After City delivers the Notice of Non-Compliance, Owner shall have the right to cure such non-compliance as provided in Section v.E. above. In the event that Owner does not timely cure the non-compliance after a Notice of Non-Compliance is delivered by City or, if during the period which Owner must cum such default, Owner ceases to make reasonable efforts to effect such cum, City may proceed to terminate this Agreement on ten days' prior written notice to Owner in accordance with the termination procedure set forth in Section v.E. above. 2. In addition to the provisions of subparagraph (V)(F)(1) above, and without limitation thereto, on or before March 15 of each year following commencement of the Project, the Owner, or its representative, shall file a report of continuing program compliance with the City. Each such report shall contain information as City may require including, but not limited to, the following: a. a project occupancy profile, including the age of all occupants; and b. an on-site parking count survey conducted over a two-day period, including a Saturday, between the hours of 7:00 a.m. and 11:00 p.m. of each such day in the two- day period. In addition, City shall be allowed to conduct its own annual survey of the residents in the Project for purposes of assessing the needs of the residents of the Project; however, the City's survey shall be for informational purposes only and in no event shall the results of this survey affect the terms of this Agreement. G. Default by City. In the event City defaults (as defined in Section v.E. herein) under the terms of this Agreement, Owner shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. H. Legal Action. Any party may, in addition to any other rights or remedies, institute legal action to cum, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions shall be heard by a referee who shall be a retired judge from either the San Bemardino County Superior Court, the California Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Owner and City shall agree upon a single referee who shall then try all issues, 710655.2 9 whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If Owner and City are unable to agree on a referee within ten days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section v.H. shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. I. Waiver; Remedies Cumulative. Failure by City or Owner to insist upon the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Owner of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Owner to take any action with respect to such default or breach. No express written waiver of any defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section v.E., all of the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. J. Future Litigation Expenses. 1. Payment to Prevailing Party. If City or Owner brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, counterclaim, or third-party claim) by reason of defaults, breaches, tortious acts, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, hut not limited to, reasonable attomeys' fees and expert witness fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. K. Term. Unless the "Term" (as hereinafter defined) of this Agreement is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties, the duration of this Development Agreement (the "Term") shall be the longer of either of the following: (i) five (5) years; or (ii) the expiration of the Project Approvals. Notwithstanding the foregoing, if construction of the Project is commenced within the Term, and then before the Term of this Agreement would otherwise expire, the Project is thereafter 710655.2 10 ~ 75 destroyed by tim, other calamity, by an act of God, or by the public enemy, the Project may be restored and the previously authorized uses completed, provided that restoration is started within one year thereafter and diligently pursued to completion. L. Permitted Delays; Supersedum by Subsequent Laws. 1. Permitted Delays. In addition to any specific provisions of this Agreement, performance of obligations hereunder shall be excused and the Term of this Agreement shall be similarly extended during any period of delay caused at any time by reason of: acts of God such as floods, earthquakes, fires, or similar catastrophes; wars, riots or similar hostilities; strikes and other labor difficulties beyond the party's control (including the party's employment force); the enactment of new laws or restrictions imposed or mandated by other governmental or quasi-governmental entities preventing this Agreement from being implemented; litigation involving this Agreement, the Project Approvals, the Future Approvals or the Ministerial Approvals, which directly or indirectly delays any activity contemplated hereunder, delay in the issuance of bonds or formation of the CFD or other Financing Mechanism; or other causes beyond the party's control. City and Owner shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. 2. Supersedum by Subsequent Laws. If any federal or state law, made or enacted after the Effective Date prevents or precludes compliance with one or mom provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Owner shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. Owner and/or City shall have the right to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. At Owner's sole option, the term of this Agreement may be extended for the duration of the period during which such new law precludes compliance with the provisions of this Agreement. M. Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code Sections 65867 and 65868. SECTION VI. MISCELLANEOUS. A. Negation of Partnership. The Project constitutes private development, neither City nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 11 71O655.2 ~ 7~ B. No Third Party Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Agreement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Owner or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Caiifomia. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: City: City of Rancho Cucamonga 10500 Civic Center Drive, Box 807 Rancho Cucamonga, CA 91729-0807 Attention: City Manager Facsimile: (909) 477-2849 Copy to: Richards, Watson & Gershon Attorneys at Law Number One Civic Center Circle P. O. Box 1059 Brea, CA 92822-1059 12 710655.2 7 7 Attention: James L. Markman, Esq. Facsimile: (714) 990-6230 Owner: FountainGlen Properties, LP 4220 Von Karman, 2nd Floor. Newport Beach, CA 92660 Attention: Glenn Carpenter Facsimile: (949) 223-5032 Copy to: Pillsbury Winthrop, LLP 10100 Santa Monica Boulevard, Suite 2300, Los Angeles, CA 90067 Attention: Lewis G. Feldman, Esq. Facsimile: (310) 286-6672 Either City or Owner may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. I. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. J. Limitation of Liability. City hereby acknowledges and agrees that Owner's obligations under this Agreement are solely those of FountainGlen, L.P. and in no event shall any present, past or future officer, director, shareholder, employee, partner, affiliate, manager, representative or agent of Owner ("Related Parties") have any personal liability, directly or indirectly, under this Agreement and recourse shall not be available against Owner or any Related Party in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement. The limitations of liability provided in this Section are in addition to, and not in limitation of, any limitation on liability applicable to Owner or any Related Party provided by law or in any other contract, agreement or instrument. K. Recordation. In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against the Property with the County Recorder of San Bemardino County within ten (10) days after the Effective Date. 13 710655.2 ~ 7 ~ 1N WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written. "City" C1TY OF RANCHO CUCAMONGA, a municipal corporation By: Mayor Attest: City Clerk Approved as to Form: By: City Attorney "Owner" FOUNTAINGLEN PROPERTIES LP, a Delaware limited partnership "General Partner" By: Name: Title: S-1 710655.2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On ,2002, before me, the undersigned, a Notary Public in and for said County and State, per¢onally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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 within instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On ,2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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 within instrument. WITNESS my hand and official seal. Notary Public 710655.2 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Being the portion of Parcel 2 of Parcel Map 15455, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per plat recorded in Book 191 of Parcel Maps, pages 33 through 35, inclusive, in the Office of the County Recorder of said County. 71o655.2 B-1 ,~, ~j,/ EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga Attn: City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF RESTRICTIONS REGARDING SENIOR HOUSING PROJECT This Declaration of Restrictions (the "Declaration") is executed as of ,2002, by FountainGlen Properties, L.P., a Delaware limited partnership CFountainGlen"). RECITALS A. FountainGlen is the owner of certain real property generally located near the southwest comer of Church Street and Mayten Avenue in the City of Rancho Cucamonga, California, as more particularly described on Exhibit A attached hereto (the "Property"). B. FountainGlen submitted an application for development of a senior housing apartment complex containing approximately two hundred sixteen (216) dwelling units for senior citizens (the "Project'). In order for FountainGlen to satisfy certain requirements of the Development Agreement entered into by and between the City of Rancho Cucamonga and FountainGlen (the "Development Agreement") and effective on , FountainGlen desires to impose certain restrictions on the Property. C. The City of Rancho Cucamonga, a municipal corporation (the "City"), is intended to be a third party beneficiary of this Declaration, such that consent of the City in a form to be recorded in the Official Records of the County of San Bemardino, shall be required for the modification of revocation of the restrictions imposed herein. NOW, THEREFORE, FountainGlen hereby declares and agrees as follows. 1. Occupancy Restrictions. In accordance with the Project Approvals as defined in the Development Agreement, the Project shall be a senior housing project by which, with the exception of the employees of FountalnGlen, at least one resident in each housing unit in the Project shall be at least 55 years of age and each other resident in the same dwelling unit, if any, shall be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (h) of Civil Code Section 51.3 or under subdivision (b) of Civil Code Section 51.4. B-2 710655.2 ~ 2. Term. This Declaration and the restrictions against the Property contained herein shall automatically terminate and cease to affect the Property upon the earlier of (i) the complete demolition of the Project, or (ii) approval of the City pursuant to the Code of a change in use from a senior housing project operated in accordance with the occupancy restrictions set forth in Section 1 of this Declaration to some other use of the Property. Upon notice of the occurrence of such event, the City Planner of City or his designee shall execute and record a document confirming the termination of this Declaration. Subject to the foregoing, the Property shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the restrictions, covenants, and obligations set forth herein. 3. Modification, Revocation or Termination. This Declaration has been recorded in order to satisfy the requirements of the Development Agreement and to obtain the approval by the City of certain permits for the Project. The restrictions created herein may not be modified, revoked or terminated, except as provided in Section 2, without the written consent of the then record owner of the Property, and any such modification, revocation or termination shall not be effective unless and until the City consents thereto in writing after receiving written notice thereof from the then record owners of the Property, and such modification, revocation or termination, executed by the City Planner of City, is recorded in the Official Records of the County of San Bemardino. 4. Third Party Beneficiary. The City is intended to be a third party beneficiary of this Declaration, with the fight to consent to any modification or revocation hereof and the right and authority, at its sole option, to enforce the provisions hereof (including, but not limited to remedies for violation of a building permit); provided, however, that the City shall have no liability whatsoever hereunder with respect to the condition of the Property. 5. Dedication. Nothing contained in this Declaration shall be deemed a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever. It is the intention of FountainGlen that this Declaration shall be strictly limited to and for the purposes expressed herein. 6. Successors. The restrictions contained herein shall mn with the land and automatically, and without further action by FountainGlen bind and inure to the benefit of the heirs, assigns, personal representatives, transferees and successors of FountainGlen. 7. Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. 8. Severability. The invalidity or unenforceability of any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity or enforceability of any other provision hereof, or the same provision when applied to another party or a different set of circumstances. 9. Authority. The persons executing this Declaration on behalf of FountainGlen do hereby covenant and warrant that FountainGlen is a duly authorized and existing limited partnership, and that FountainGlen has and is qualified to do business in California, that B-3 710655.2 ~3 FountainGlen has full right and authority to enter into this Declaration, and the persons signing on behalf of FountainGlen are authorized to do so. 10. Counterparts. This Declaration may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Declaration. IN WITNESS WHEREOF, FountainGlen executed this instrument effective as of the day and year first above written, and City has accepted this Declaration.. FountainGlen, L.P. a Delaware limited partnership By: Its: By: Its: APPROVED: CITY OF RANCHO CUCAMONGA Mayor ATTEST City Clerk B4 710655.2 2~q EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Being the portion of Parcel 2 of Parcel Map 15455, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per plat recorded in Book 191 of Parcel Maps, pages 33 through 35, inclusive, in the Office of the County Recorder of said County. B-5 T H E C I T Y 0 F I~ANCHO CU CAI*40NC, A Staff Report DATE: October 8, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Allen D. Brock, CBO, Plan Check Manager SUBJECT': ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE RECOMMENDATION It is recommended that the City Council hold a first reading of the accompanying ordinance and set the date of December 4, 2002, for an advertised public hearing precedent to the adoption of the 2001 Edition of the California Building Standards Code. BACKGROUND The accompanying ordinance will bring all of the City's Building and Construction Regulations into compliance with the latest codes adopted by the California Building Standards Commission. Under State statute, specific referenced model codes must be adopted into the California Building Standards Code within 180 days of their publication. The effective date for local adoption mandated by the State is November 1,2002. Additionally, modifications made by local agencies to the technical regulations adopted by the California Building Standards Commission may only become effective if the local jurisdiction makes express findings of need for change due to local conditions. Further, these modifications must directly relate to local climatic, geological, or topographical conditions in the form of a Resolution, and must be filed directly with the Building Standards Commission. ANALYSIS The majority of the code remains unchanged from the previous edition with the exception of a few technical issueS. These changes, as with previous code updates, have incorporated most of the City's past local amendments and greatly reduces the need for continued revisions. This also allows design professionals, developers, Page 2 October 8, 2002 ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE contractors, and owners to work with a minimally modified code, as compared to previous adoptions, and promote uniformity of construction standards and codes thrqughout the region. It should be noted that administrative provisions and regulations, addressing elements of construction that are not regulated by the California Building Standards Commission, need not meet the test of being necessary due to "climatic, geological or topographical" conditions. Therefore, the Resolution of express findings of local need will only address pertinent technical issues that are different from those adopted by the State. SUMMARY State law requires that we adopt certain model codes covered by the accompanying ordinance. The building, mechanical, plumbing, and electrical codes adopted as part of the ordinance meet the responsibilities of state mandates; the Uniform Code for the Abatement of Dangerous Buildings and the Uniform Housing Code included in the adoption completes our Building and Construction Regulations and provides for consistency with our neighboring jurisdictions. Respectfully submitted, Allen D. Brock, CBO Plan Check Manager ADB:adb Attachment ORD .ANCE .O. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 .aND 15.32, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2001 CALIFORNIA BUILDING CODE, INCORPORATING THE "UNIFORM BUILDING CODE, VOLUMES 1 AND 2", 1997 EDITION INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2006 EDITION; THE 2001 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 1999 EDITION, INCLUDING THE "UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE", 1996 EDITION; ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION AND CONTAINED IN PARTS 2 THROUGH 5 OF TITLE 24 OF THE CODE OF REGULATIONS; THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS", 1997 EDITION; THE "UNIFORM HOUSING CODE", 1997 EDITION; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, INCLUDING FEES AND PENALTIES. A. RECITALS. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code authorizes the adoption, by reference of the Codes specified in the title of the Ordinance. (ii) At least one copy of each of said Codes certified as full, true and correct copies thereof by the City Clerk of the City of Rancho Cucamonga have been filed in the Office of the City Clerk in accordance with the provisions of Government Code Section 50022.6. (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption ofthis ordinance have occurred. Ordinance No. XXX Page 2 B. ORDINANCE. NOW, THEREFORE, the City Council of the Cit~ of Rancho Cucamonga does hereby find, determine and ordain as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2: Chapters 15.04, 15.12, 15.18, 15.20, 15.24, 15.28 and 15.32 of Title 15 of the Rancho Cucamonga Municipal Code, entitled Buildinqs and Construction, of the City Council of the City of Rancho Cucamonga are hereby amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the Uniform Codes as previously adopted herein by reference and amended by Ordinance No. 603 of this City shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance. SECTION 3: Chapter 15.04 of the Rancho Cucamonga Municipal Code is hereby amended to read, as follows: "CHAPTER 15.04 CODES ADOPTION Section: 15.04.010 Codes adoption. 15.04.010 Codes adoption. 2001 California Building Code, incorporating the "Uniform Building Code, Volumes I and 2", 1997 Edition, including all appendices thereto; the 2001 Califomia Mechanical Code, incorporating the "Uniform Mechanical Code", 2000 Edition; the 2001 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2000 Edition, including all appendices thereto; the 2001 California Electrical Code, incorporating the" National Electrical Code ", 1999 Edition, including the "Uniform Administrative Code Provisions for the National Electrical Code", 1996 Edition; the "Uniform Code for the Abatement of Dangerous Building", 1997 Edition; and the "Uniform Housing Code, 1997 Edition; are hereby adopted in their entirety as the Building and Construction Regulations of the City of Rancho Cucamonga, together with the amendments, deletions, additions, and exceptions set forth in Chapters 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 and 15.32 below" SECTION 4: Chapter 15.12 of the Rancho Cucamonga Municipal Code is hereby amended to read, as follows: Ordinance No. XXX Page 3 "CHAPTER 15.12 BUILDING CODE Sections: 15.12.005 Section 105.1 Amended - General. 15.12.010 Section 106.2 Amended -Work exempt from permit. 15.12,020 Section 107.2 Amended - Permit fees. 15.12.030 Section 107.3 Amended - Plan review fees. 15.12.040 Section 107.5.2 Amended - Investigation fees. 15.12.050 Section 108.9 Added - Repeated inspections. 15.12.060 Table 1-A Deleted - Building permit fees. 15.t2.070 Table 15-A Amended - Minimum roof classes. 15.12.080 Appendix Chapters Deleted. 15.12.090 Appendix Section 3306.2 Amended - Exempted work. 15.12.100 Appendix Section 3307.1 Amended - General. 15.12.110 Appendix Section 3307.2 Added - Protection of adjacent property. 15.12.120 Appendix Section 3307.3 Added - Temporary erosion control. 15.12.130 Appendix Section 3309.3 Deleted - Grading design. 15.12.140 Appendix Section 3309.8 Deleted - Regulargrading requirements. 15.12.150 Appendix Section 3309.9 Amended -Issuance. 15.12.t60 Appendix Section 3310 Amended - Grading fees. 15.12.170 Appendix Section 3310.2 Deleted- Plan review fees. 15.12.180 Appendix Section 3310.3 Deleted- Grading permit fees, 15.12.190 Appendix Table A-33-A Deleted - Grading plan review fees. 15.12.200 Appendix Table A-33-B Deleted - Grading permit fees. 15.12.005 Section 105.1 Amended - General. Section 105.1 of the Building Code is hereby amended to read as follows: 105.1. General. in order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. Ordinance No. XXX Page 4 15.12.010 Section 106.2 Amended - Work exempt from permit. Section 106.2 of the Building Code is hereby amended to read as follows: 106,2, Work Exempt from Permit. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11.15m). 2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height above the lowest adjacent grade. 3. Oil derricks. 4. Movable cases, counters and Partitions not over 5 feet 9 inches (1753 mm) high. 5. Retaining walls and masonry fences not over 3 feet in height above the lowest adjacent grade, unless supporting a surcharge or impounding Class I,II, or III-A liquids. 6. Water tanks supported directlyupon grade if the capacity does not exceed 5,000 gallons (18,927L) and the ratio of height to diameter or width does not exceed 2:1. 7. Platforms, walks and driveways not more than 30 inches (762mm) above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10, Window awnings supported by an exterior wall of Group R Division 3, and Group U Occupancies when projecting not more than 54 inches (1372mm). 11, Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18 927L). Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 15.12.020 Section 107.2 Amended - Permit fees. Section 107.2 of the Building Code is herebyamended to read as follows: 107.2. Permit Fees. The fee for each permit shall be as established by Resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. Ordinance No. XXX Page 5 15.12.030 Section 107.3 Amended - Plan review fees. Section 107.3 of the Building Code is herebyamended to read as follows: 107.3. Plan Review Fees. When submittal documents are required by Section 106.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be as set forth by Resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. The plan review fees specified in this section are separate fees from the permit fees specified in Section 107.2 and are in addition to the permit f~es. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged. t 5.12.040 Section 107.5.2 An~ended - Investigation fees. Section 107.5.2 of the Building Code is hereby amended to read as follows: 107.5.2. Investiqation Fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 5.12.050 Section 108.9 Added - Repeated inspections. Section 108.9 of the Building Code is herebyadded to read as follows: 108.9. Repeated Reinspections. In the event that, as related to any one or two family dwelling or any multiple family building for which a building permit has been issued, and a second reinspection has been performed in accordance with section 108.8, and further reinspection is determined by the building official to be necessary to achieve the performance of accepted construction practices related thereto; or in the event that second reinspections have been required three or more times within any project, the building official shall require posting of a cash deposit to be drawn upon to cover costs of providing inspection and/or reinspection of the dwelling units(s), or project, on a full time basis. Further, all inspections for the dwelling units(s), or project shall be suspended until such time as the deposit is received and judged by the building official to be sufficient to complete inspection of the work remaining. The estimated costs of providing this increased level of inspection shall be determined by the building official in accordance with a Resolution of the City Council establishing hourly charges. Additionally, the deposit shall be based upon a reasonable determination of the time necessary to complete the entire building or project which the dwelling unit or units or multiple-family building is a part. The expenses incurred by the City in providing additional inspections shall be Ordinance No. XXX Page 6 deducted from the deposit posted and any remaining balance shall be returned to the depositor upon completion of the dwelling unit(s) or project. Upon determination by the building official that the original deposit is insufficient for any remaining inspection costs an additional cash deposit shall be provided for completion of all anticipated inspections. For the purpose of this subsection a "project" is two or more residential buildings being constructed under separate building permits within or upon an individual tract map, parcel map or parcel. 15.12.060 Table 1-A Deleted - Building permit fees. Table 1-A-Building Permit Fees of the Building Code is hereby deleted. 15.12,070 Table 15-A Amended - Minimum roof classes. Table 15-A-Minimum Roof Classes of the Building Code is hereby amended to read as follows: Ordinance No. XXX Page 7 TABLE 15-A- MINIMUM ROOF CLASSES OCCUPANCY I TYPES OF CONSTRUCTION I , I' I " I '" I'v I v I F.R. F.R. One-hour N One-hour N H.T. One-hour N A-1 B B .............. A) 2-2.1 B B B -- B -- B B -- A-3 B B B B B B B B B A-4 B B B B B B B B B B B B B B B B B B B E B B B B B B B B B F B B B B B B B B B H-1 A A A A .......... H) 2-3-4-5-6-7 A B B B B B b B B I) 1.1-1.2-2 A B B -- B -- B B -- I-3 A B B -- B .... B -- M B B B B B B B B B R-1 B B B B B B B B B R-3 B B B B B B B B B S-1, S-3 B B B B B B B B B S-2, S-5 B B B B B B B B B S-4 B B B B ...... U B B B B B B B B B Ordinance No. XXX Page 8 A -- Class A Roofing. B -- Class B Roofing. F.R. -- Fire Resistive. H.T. -- Heavy Timber. N -- No Requirements for Fire Resistance. Ordinance No. XXX Page 9 15.12.080 Appendix chapters deleted. Appendix Chapters 3, 3A, 4, 9, 10, 11, 12, 13, 16, 18, 19, 21,23, 30, 31 - Divisions I and II, and 34 of the Building Code are hereby deleted. 15.12.090 Appendix Section 3306.2 Amended - Exempted work. Appendix Section 3306.2 of the Building Code is hereby amended to read as follows: 3306.2. Exempted Work. A grading permit is not required for the following: 1. When approved bythe Building Official, grading in an isolated, self-contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the matedal from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers orengineering geologists. 8. An excavation that (1) is less than 2 feet (610mm) in depth or (2) does not create a cut slope greater than 5 feet (1524mm) in height and steeper than 1 unit vertical in 2 units horizontal. 9. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3m) on anyone lot and does not obstruct a drainage course. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or anyother laws or ordinances of this jurisdiction. 15.12.100 Appendix Section 3307.1 Amended - General. Appendix Section 3307.1 of the Building Code is hereby amended to read as follows: 3307.1, General. Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers properly, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in Ordinance No. XXX Page 10 writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code. 15.12.110 Appendix Section 3307.2 -Added - Protection of adjacent property. Appendix Section 3307.2 of the Building Code is hereby added to read as follows: 3307.2. Protection of Adiacent Property. During grading operations, the perrnittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, a sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. 15.12.120 Appendix Section 3307.3 Added - Temporary erosion control. Appendix Section 3307.3 of the Building Code is hereby added to read as follows: 3307.3. Temporary Erosion Control. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site. 15.12.130 Appendix Section 3309.3 Deleted - Grading designation. Appendix Section 3309.3 of the Building Code is hereby deleted. 15.12.140 Appendix Section 3309.8 Deleted - Regulargrading requirements. Appendix Section 3309.8 of the Building Code is hereby deleted. 15.12.150 Appendix Section 3309.9 Amended - Issuance. Appendix Section 3309.9 of the Building Code is hereby amended to read as follows: 3309.9. Issuance. The provisions of Section 106.4 are applicable to grading permits. The building official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. 15.12.160 Appendix Section 3310 Amended - Grading fees. Appendix Section 3310 of the Building Code is herebyamended to read as follows: 3310. Gradinq Fees The fee for each grading plan review and grading permit shall be as established by Resolution of the City Council. 15.12.170 Appendix Section 3310.2 Deleted - Plan raview fees. Appendix Section 3310.2 of the Building Code is hereby deleted. 15.12.180 Appendix Section 3310.3 Deleted- Grading permit fees. ,, g7 Ordinance No. XXX Page 11 Appendix Section 3310.3 of the Building Code is hereby deleted. 15.12.190 Appendix Table A-33-A Deleted - Grading plan review fees. Appendix Table A-33-A Grading Plan Review Fees of the Building Code is hereby deleted. 16.12.200 Appendix Table A-33-B Deleted - Grading permit fees. Appendix Table A-33-B Grading Permit Fees of the Building Code is hereby deleted." SECTION 5: Chapter 15.16 of the Rancho Cucamonga Municipal Code is hereby amended to read, as follows: "CHAPTER 15.16 MECHANICAl. CODE Sections: 15.t 6.010 Section 110.1 Amended - General. 15.16,020 Section 115.2 Amended - Permit fees. 15.16.030 Section 115.3 Amended - Plan review fees, 15.16.040 Table 1-1 Deleted - Mechanical permit fees. 15.16.010 Section 110.1 Amended-General. Section 110.1 of the Mechanical Code is hereby amended to read as follows: 110.t. General. In order to hear and decide appeals of orders, decisions or determination made bythe Building Official relative tothe application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. 15.16.020 Section 115.2 Amended - Permit fees. Section 115.2 of the Mechanical Code is hereby amended to read as follows: 115.2. Permit Fees. The fee for each permit shall be as established by Resolution of the City Council. 15.16.030 Section 115.3 Amended - Plan review fees. Section 115.3 of the Mechanical Code is hereby amended to read as follows: Ordinance No. XXX Page 12 115.3. Plan Review Fees. When Section 115.2 requires submittal documents, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. 15.16.040 Table 1-1 Deleted - Mechanical permit fees. Table 1-1-Mechanical Permit Fees of the Mechanical Code is hereby deleted." SECTION 6: Chapter 15.20 of the Rancho Cucamonga Municipal Code is hereby amended to read, as follows: "CHAPTER 15.20 PLUMBING CODE Sections: 15.20.010 Section 103.4.1 Amended - Permit fees. 15.20.020 Section 103.4.2 Amended - Plan review fees. 15.20.030 Table 1-1 Deleted - Plumbing pen~it fees. 15.20.010 Section 103.4.1 Amended - Permit fees. Section 103.4.1 of the Plumbing Code is herebyamended to read as follows: 103.4.1. Permit Fees. The fee for each permit shall be as established by Resolution of the City Council. 15.20.020 Section 103.4.2 Amended - Plan review fees. Section 103.4.2 of the Plumbing Code is herebyamended to read as follows: 103.4.2. Plan Review Fees. When a plan or other data is required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council. Where plans are incomplete or changed so as to require additional review, an additional review fee shall be charged. 15.20.030 Table 1-1 Deleted - Plumbing permit fees. Table 1-1 Plumbing Permit Fees of the Plumbing Code is hereby deleted." Ordinance No. XXX Page 13 SECTION 7: Chapter 15.20 of the Rancho Cucamonga Municipal Code is hereby amended to read. as follows: "CHAPTER 15.24 ELECTRICAL CODE Sections: 1524.010 Section 203.1 Amended - General. 15.24.020 Section 304.1 Amended - Permit fees. 15.24,030 Section 304.2 Amended - Plan review fees. 15.24.040 Table 3-A Deleted - Electrical permit fees. 15.24.010 Section 203.1 Amended - General. Section 203.1 of the Electrical Code is herebyamended to read as follows: 203.1. General in order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. 15.24.020 Section 304.1 Amended - Permit fees. Section 304.1 of the Electrical Code is hereby amended to read as follows: 304.1. Permit Fees. The fee for each permit shall be as established by Resolution of the City Council. 15.24.030 Section 304.2 Amended - Plan review fees. Section 304.2 of the Electrical Code is hereby amended to read as follows: 304.2. Plan Review Fees. When Section 302.2 requires submittal documents, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council. Where plans are incomplete or changed so as to require additional review, an additional plan review fee shall be charged. 15.24.040 Table 3-A Deleted - Electrical permit fees. Table 3-A Electrical Permit Fees of the Electrical Code is hereby deleted." Ordinance No. XYvX Page 14 SECTION 8: Chapter 15.28 of the Rancho Cucamonga Municipal Code is hereby amended to read, as follows: "CHAPTER 15.28 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Sections: 15.28.010 Section 205.1 Amended - General. 15.28.010 Section 205.1 Amended - General. Section 205.1 of the Code for the Abatement of Dangerous Buildings is hereby amended to read as follows: 205.1. General. In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official." SECTION 9: Chapter 15.28 of the Rancho Cucamonga Municipal Code is hereby amended to read, as follows: "CHAPTER 15.32 HOUSING CODE Sections: 15.32.010 Section 203.1 Amended - General. 15.32.010 Section 203.1 Amended - General. Section 203.1 of the Housing Code is hereby amended to read as follows: 203.1. General. In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there Ordinance No. XXX Page 15 shall be and is hereby created a Housing Advisory and Appeals Board consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copyto the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this code. COpies of all rules of procedure adopted by the Board shall be delivered to the Building Official, who shall make them accessible to the public." SECTION 10: It shall be unlawful for any person, firm partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. Any person, firm, partnership, or corporation ~iolating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000'°°) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 11: The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 12: The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. Ordinance No. XXX Page 16 SECTION 13: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (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. PASSED, APPROVED, AND ADOPTED this dayof . AYES: NOES: None ABSENT: None ABSTAINED: None William J. Alexander, Mayor ATTEST: Debra J. Adams, CIVIC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the , and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the . Executed this , at Rancho Cucamonga, Calibrnia. Debra J. Adams, CMC, City Clerk T H E C I T Y O F I~AN C ~ O C UCAM ON CA $ ffRepo DA'ffi: November 6, 2002 TO: Mayor and Members of the City Council ,lack Lam, ^ICP, City Manager FROM: William J. O'Neil, City Engineer BY: Maria E. Perez, Assistant Engineer SUBJECT: APPROVAL OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AT APNs 227-152-30, 227- 152-37, 227-161-16 AND 227-201-10 AS PART OF THE PROPOSED PHASE 1-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 INTRODUCTION: The Resolution of Necessity on the City Council agenda seeks to acquire a permanent street easement on the real property adjacent to the east and west of Day Creek Channel for the extension of Church Street to Day Creek Boulevard and a permanent storm drain easement for the installation of the master planned storm drain connection to Day Creek Channel (the "Subject Property Interests"). The Subject Property Interests are sought for public purposes. Specifically, the Subject Property Interests are being acquired to facilitate the extension of Church Street and the installation of the master planned storm drain connection at Day Creek Channel and all uses necessary or convenient thereto, and is commonly referred to as Phase 1-A of Community Facilities District 2001-01 Project ("the proposed Project"). The City Council will acquire the Subject Property Interests pursuant to California Constitution Article I, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404 and 54031 and California Code of Civil Procedure section 1230.010 et seq. ("Eminent Domain Law"), including, but not limited to, sections 1240.010 through 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. CITY COUNCIL STAFF REPORT RE: Resolution of Necessity-Eminent Domain-Southern California Edison November 6, 2002 Page 2 As explained more fully below, the proposed Project would require the acquisition of the Subject Property Interests for permanent street and storm drain easements in connection with the proposed Project. That the City Council: Consider the Resolution of Necessity on its agenda, which is Resolution of Necessity of the City of Rancho Cucamonga Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof, In Connection With The Extension of Chumh Street and the installation of the master planned main storm drain connection at Day Creek Channel as part of the Proposed Phase 1-A Improvements of the Community Facilities District 2001-01. If the City Council finds, based upon the evidence contained in and referred to in this Report and the testimony and comments received at this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolutions of Necessity, then staff recommends that the City Council, in the exemise of its discretion, adopt the Resolution (which requires a 4/5ths vote) and authorize that an eminent domain proceeding be filed to acquire the following real property interests: Permanent street easement and storm drain easements located on property adjacent to the east and west of Day Creek Channel, east of the terminus of Church Street, Rancho Cucamonga, California, and identified as Assessor's Parcel Numbers known as 227- 152-30 and 37, 227-161-16 and 227-201-10. This real property interest is described more particularly in the Exhibit attached to the Resolution. If the Resolution of Necessity is approved, authorize the City Attorney's office and staff to take all necessary steps to file and prosecute eminent domain proceedings to acquire the subject property interests. Authorize the City Manager to execute all necessary documents. BACKGROUND: The proposed Project is consistent with and is a proposed component of the City's General Plan. The Circulation Element of the General Plan specifically provides that Church Street be constructed as a secondary arterial street. The proposed Project would consist of extending Church Street from its current terminus to Day Creek Boulevard to accommodate five lanes of traffic, installing curb and gutter, parkway landscaping, de-silting basins north of the street, and streetlights CiTY COUNCIL STAFF REPORT RE: Resolution of Necessity-Eminent Domain-Southern California Edison November 6, 2002 Page 3 south of Victoria Park Lane. Additionally, the project will complete the construction of the Victoria Windrows master planned storm drain. The existing levee at the end of the 96" drain will be removed and an 8'x11' reinforced concrete box installed to connect the 96" pipe to the existing lateral stub at Day Creek Channel, south of Church Street. The construction of the proposed Project in the manner proposed would require the acquisition of the Subject Property Interests for street widening and 100-year flood protection purposes. The City anticipates that the construction of the proposed Project would commence no later than August 12, 2002. The City expects that the construction will take approximately nine (9) months. The potential environmental impacts of the proposed Project were studied and analyzed in connection with the EIR for the Victoria Arbors project, SCH 98041137 for the proposed Project, certified by the City Council on July 7, 1999 by Resolution No. 99-148 with the Statement of Overriding Considerations adopted December 20, 2000 by Resolution No. 00-266. The certification of the EIR and Facts and Findings were based on the contents of the EIR, the comments received on the EIR, and the report of the proceedings in connection with the proposed Project, and the duly noticed public hearings. Pursuant to CEQA Guidelines Section 15074, in certifying the EIR for the proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the EIR have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk in July of 1999. The EIR together with its Exhibits, Resolution No. 00-266 and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the proposed Project, including Certification of Environmental Impact Report, SCH 98041137, and the Notice of Determination and pursuant to the criteria of Section 15162 of the California CITY COUNCIL STAFF REPORT RE: Resolution of Necessity-Eminent Domain-Southern California Edison November 6, 2002 Page 4 Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. The real property interests sought to be acquired run across the right of way owned by Southern California Edison, which is used for high tension electrical transmission lines and towers. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. As more fully described below, pursuant to Government Code section 7262, et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the fair market value, and extended a written offer to the owners of record. Following is a brief summary of the City's actions with respect to the Subject Property Interests pursuant to Government Code section 7262, et seq. ' ' Permanent Street Easement on property located adjacent east and west of Day Creek Channel, east of the terminus of Church Street, Rancho Cucamonga, California, and identified as Assessor's Parcel Numbers 227-152-30 and 37, 227- 161-16 and 227-201-10 Pursuant to Government Code section 7262, et seq., the City obtained a fair market value appraisal of the subject real property based on a August 22, 2002 date of value. The City set just compensation in accordance with the appraised fair market value, and in September 2002 extended a written offer letter to the owner of record, Southern California Edison, and engaged in negotiations with the record owners, but there has been no agreement on the sale of the subject real property. A true and correct copy of the offer letter is on file in the Office of the City Engineer and is incorporated in this Agenda Statement by this reference. The City has participated in several meetings and discussions with representatives of Southern California Edison to attempt to reach a negotiated settlement. To date, no negotiated purchase for the Subject Property Interests has been consummated, and the schedule of the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. 367 CITY COUNCIL STAFF REPORT RE: Resolution of Necessity-Eminent Domain-Southern California Edison November 6, 2002 Page 5 A. The Public Interest And Necessity Require The Proposed Project As explained above, the City seeks to acquire the Subject Property Interests for a public purpose. Specifically, the Subject Property Interests are needed to extend Church Street and install the master planned storm drain, which is a public use. The public interest and necessity require the proposed Project because the extension of Church Street will alleviate traffic congestion and provide for safety consistent with the public health and safety element of the General Plan. Additionally, the installation of the master planned storm drain will provide the necessary 100-year storm protection. Therefore, as a whole, the proposed Project will preserve, protect and enhance the public interest. In short, the public interest and necessity require the proposed Project to better meet the City's traffic and circulation needs within the City, as well as provide for the area's 100-year storm water protection and fulfill the City's General Plan objectives. B. The Proposed Project is Planned and Located in The Manner That Will be Compatible With The Greatest Public Good And Least Private Injury As shown above, the proposed street portion of the Project would be constructed within a 21S-foot strip of land, as measured north to south, across the parcels. The storm drain improvements will be constructed within a 232-foot long strip of land, 40 feet wide, at the southwest edge of the easterly portion of the proposed street section. The dedication sought through this eminent domain action will allow for construction of the full street width as defined in the General Plan and installation of the master planned storm drain connection. Private development of the subject parcel would have required the same dedication and public improvements as conditions of approval. The City seeks to acquire the Subject Property Interests for the extension of Church Street and installation of the storm connection to the Day Creek Channel of the master planned storm drain. This permanent easement would permit the City to construct the full street section of Church Street; including five travel lanes, parkway landscaping, streetlights, curb and gutter, de-silting facilities and match existing grade, as well as install the connection of the master planned storm drain. The construction of the proposed Project would cause minimal impact to the properties on which these easements are sought. As described in staff reports presented to the City Council in connection with approval of the Proposed Project, the City will be vigilant throughout the construction process in requiring the contractor to comply with the environmental requirements as defined in the project specifications, which will ensure the least amount of impact to the surrounding area. Those staff reports are incorporated herein by reference. CITY COUNCIL STAFF REPORT RE: Resolution of Necessity-Eminent Domain-Southern California Edison November 6, 2002 Page (5 The real property interests sought to be taken run across right of way owned by Southern California Edison, which is used for high tension electrical transmission lines and towers. The Proposed Project is planned and located in a manner which will not interfere with or impair the continued or future use by Southern California Edison of their right of way. The Proposed Project is a compatible joint use to the current and future use of the property owned by Southern California Edison. C. The Subject Property Interests Described in The Resolutions of Necess!ty Are Necessary For The Proposed Project As explained above, the construction of the proposed Project in the manner proposed would require the acquisition of the Subject Property Interests for street widening and storm drain purposes. This construction would include five lanes of pavement, landscaped parkways, curb and gutter, streetlights, de-silting facilities, and installation of the master planned storm drain connection. D. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. The Subject Property Interests sought to be,taken run across right of way owned by Southern California Edison, which is used for high tension electrical transmission lines and towers. The Proposed Project will not unreasonably interfere with or impair the continued or future use by Southern California Edison of their right of way. The Proposed Project is a compatible joint use to the current and future use of the property owned by Southern California Edison. The Proposed Project is not anticipated to impair or hinder Southern California Edison from the use of their right of way. The proposed joint use of the property for street purposes and as right of way by Southern California Edison has, in past experience, been found to be a compatible use. F. The Offer Required by Section 7267.2 of The Government Code Has Been Made to The Owners of Record of The Real Property Interests Sought to be Acquired Pursuant to Government Code section 7262, et seq., the City obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to the each of the record owners of the Subject Property Interests identified above. A true and correct copy of the offer Fetters are on file in the Office of the City Engineer and are incorporated in this Agenda Statement by this reference. To date, however, no negotiated purchase has been consummated and the schedule for the proposed Project CITY COUNCIL STAFF REPORT RE: Resolution of Necessity-Eminent Domain-Southern California Edison November 6, 2002 Page 7 requires that the City Council consider the proposed Resolution of Necessity at this time, Respectfully submitted, City. Engineer WJO:MEP VICINITY MAP COMMUNITY FACILITIES DISTRICT NO.2001-01 EXHIBIT A PROJECT LOCATION I~UTHERN CAUFORNIA EDISON PARCELS OCT-!8-iOOi-L~I ii:B! ?~I Cl=~ims S6B FAT, lao, 62~ 302 6997 P, 002 Ciw of R~C~o Cucamonga 10500 Civic Cen~r ~o Cucmonga, ~ 91730 Noti~ of Proposed E~nen~ Dom~ Procee~ng, . November 6, 2002 - Chur~ S~eet ~ad Cros~g and S~rm Dear ~. Adams: Southexn' C~lffornia Edison Company (':Edison") received a No~iee of Proposed Eminent Domelu Proceeding and Opportunity To Be Heard announebag that on November 6, 2002 the City Council of the City o£ l~ancho Cucamonga intends to ~n~ider the ado!~tion of a resolution of necessity as a precursor to filing an eminent domain action against Edison. Edison requests to appear and be heard at the November 6, 2002 hearing. Edison requests that tbLs letter be made part of the public record at the hearing on November 6, 2002. lSdlson objects to and opposes the adoption by. the City Council ora resolution of necessity for the acquisition of the property and property iatereets owned by Edison The proper~y the Council is contemplating to acquire through en6nent domain is akeady being put to public use by Edison, The City's p~oject is not plarmed or - located in a maimer the: will be most eompaVkble with the great-et public good and the least prlvate injury. At this time, Edison believes that it does not serve ~he public intere's~ and necessity for the City to exar'cise its power of eminent domain. The City's proj~c~ ~1 severely din~nish E~ison's capacity for ~ture use of E~so~s prope~ to ~e~e the public. ~e 65t~s project is inco~pa~le with Edison's use of the properby for the tr~ssion ~d ~z~butlon of elec~iMty. Representatives o~ E~son have met wi~ represem~dves of the City in o~er ~o ~nd an a~cable resolu~on ~at meets E~s~'s n~ds to se~e the public and the ~ty's needs. U~o~ately, the C~ty f~s ~ underst~d ~e severe ~pac~ the Cites projec~ w~ have on Edison. The City's proje~ needs ~ be redesi~ed. ~e are serious de~cien~es in ~e desig~ of the Cites project. E~son re~es~ ~t ~e ~ty defer amy decision on the adoption of z ~solutlen of necessi~ ~ a~ such t~e as ~her negotiations can ~ place between E~on and the ~ so ~a~ the proj~t c~ ~ ~desi~ed so as ~ not ~r~ere ~th Edison's abili~ ~ se~e ~e ~bHc. RESOL t,ON NO. Zo 2 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation in the County of San Bemardino, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for a permanent street easement in connection with street extension purposes and a permanent drainage easement in connection with storm drain improvements ("proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon'the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404 and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests sought to be taken are a permanent street easement on portions of property located east of Rochester Avenue at the terminus of Church Street, adjacent to the east and west of Day Creek Channel in Rancho Cucamonga, California, and identified as Assessor's Parcel Numbers 227-152- 30 and 227-152-37, 227-161-16 and 227-201-10 ("Subject Property Interests"). The legal description of the Subject Property Interests is attached as Exhibit "1" to this Resolution and the Subject Property Interests are depicted on the diagram attached as Exhibit "2" to this Resolution. Said Exhibits are incorporated herein by this reference. Said Subject Property Interests are located adjacent to real property owned by the City of Rancho Cucamonga. The Subject Property Interests are required to facilitate the extension of Church Street and the installation of a master planned storm drain connection to Day Creek Channel as part of the proposed Phase I-A Improvements of the Community Facilities District 2001-01, which is a public use. Section 4. The acquisition of the Subject Property Interests are required to carry out and make effective the principal purpose of the proposed Project. A general description of the proposed Project is set forth in the Agenda Statement dated RESOLUTION NO. November 6, 2002 Page 2 November 6, 2002 and the evidence, reports, and documents cited in that Agenda Statement are all incorporated herein by this reference. The potential environmental impacts of the proposed Project were studied and analyzed in connection with the EIR for the Victoria Arbors Village, SCH: 98041137 which included the proposed street improvements, construction and storm drain installation project as conditions of approval. The certification of the EIR and the adoption of the Statement of Facts of Findings and Overriding Considerations was based on the contents of the EIR, the comments received on the EIR, the report of the proceedings in connection with the proposed Project, and the duly noticed public hearings. City Staff, in connection with the proposed Resolution of Necessity, has reviewed all of the environmental documentation prepared on the proposed Project, including the Environmental Impact Report for the Victoria Arbors Village, SCH 98041187, and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes, City Staff concluded that there have been no substantial changes in the proposed Project, nor the circumstances surrounding the proposed Project, nor has the City obtained any new information of substantial importance that would require further environmental review. The environmental findings in connection with the proposed Project are the same environmental findings for the proposed acquisition of the Subject Property Interests. The City Council finds that there is no substantial evidence that the proposed Project, including the proposed acquisition will have a substantial environmental impact. The documents and other material which constitute the record on which this decision is based are located in the Department of Planning and Community Development and are in the custody of the Director of Planning and Community Development. Section 5. The real property interests sought to be acquired run across right of way owned by Southern California Edison, which is used for high tension electrical utility line purposes. The property is improved with high tension transmission lines and towers. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the proposed Project; B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; RESOLUTION NO. November 6, 2002 Page 3 C. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the proposed Project; D. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Section 7. The findings and declarations contained in this Resolution are based on the record before the City Council on November 6, 2002 when it adopted this Resolution, including the Agenda Statement dated November 6, 2002, all documents referenced and incorporated in the Agenda Statement, the testimony at the hearing, and the records and documents prepared in connection with the proposed Project, all of which are incorporated in this Resolution by this reference. Section 8. The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and City Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "1" attached hereto. Section 9. This Resolution shall take effect upon adoption. Section 10. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the Council of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this 6th day of November, 2002. William J. Alexander, Mayor City of Rancho Cucamonga, California ATTEST: .(SEAL) Debra J. Adams City Clerk RESOLUTION NO. November 6, 2002 Page 4 APPROVED AS TO FORM: James L. Markman William J. O'Neil City Attorney City Engineer LEGAL DESCRIPTION EASEMENTS FOR sTREETS, HIGHWAYS AND RELATED PURPOSES AND GRADING, DRAINAGE, MAINTENANCE AND CONSTRUCTION PURPOSES (CHURCH STREET ACROSS SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY) THAT PORTION OF THE EASTERLY 300.00 FEET OF THE WESTERLY 360.00 FEET OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF RANCHO CuCAMONGA, COUNTY OF SAN BERNARDINO WHICH LIES WITHIN A STRIP OF LAND 96.00 FEET WIDE LYING 52.00 FEET NORTHERLY OF AND 44.00 FEET SOUTHERLY OF THE FOLLOWING DESCRIBED UNE: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN couRSE SHOWN AS HAVING A BEARING AND LENGTH OF NORTH 80~4'19' FAST 89.52 FEET IN THE CEN i P_RLINE OF CHURCH STREET AS SHOVVN ON MAP OF PARCEL MAP NO. 15641 AS PER MAP FILED IN BOOK 192 PAGES 93 TO 100 INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY, ALSO BEING THE WESTERLY UNE OF SAID PARCEL MAP NO. 15641, SAID POINT ALSO BEING A POINT ON THE EASTERLY LiNE OF SAID WESTERLY 360.93 FEET OF SAID SECTION 5; THENCE ALONG THE WESTERLY PROLONGATION OF SAID CERTAIN COURSE soUTH 80~24'19' WEST 115.61 FEET TO THE BEGINNING OF A TANGENT CURVE coNCAVE SOUTHERLY AND HAVING A RADIUS OF 1100.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10~36'16' A DISTANCE OF 203.59 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1100.00 FEET; THENCE ALONG SAID REVERSE CURVE A DISTANCE OF 100.00 FEET. EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES WESTERLY OF THE WESTERLY UNE OF SAID EASTERLY 300.00 FEET. ALSO EXCEPTING THERP_FROM ANY PORTION THEREOF,. WHICH LIES EASTERLY OF THE WESTERLY UNE OF SAID PARCEL MAP NO. 15641. CONTAINING 29,604 SQUARE FEET MORE OR LESS. TOGETHER wITH AN EASEMENT FOR GRADING, DRAINAGE, MAINTENANCE AND OTHER CONSTRUCTION PURPOSES IN, OVER, UNDER AND ACROSS THAT PORTION OF SAID EASTERLY 300.00 FEET WHICH LIES WITHIN A STRIP OF LAND 100.00 FEET WIDE THE SOUTHERLY BOUNDARY OF WHICH IS THE NORTHERLY BOUNDARY OF THE ABOVE DESCRIBED 96.00 FOOT ~' NIP OF LAND. CONTAINING 30,730 SQUARE FEET MORE OR LES~. ALSO TOGETHER WITH AN EASEMENT FOR GRADING, DRAINAGE, MAINTENANCE AND OTHER CONSTRUCTION PURPOSES IN, OVER, UNDER AND ACROSS THAT PORTION OF SAID EASTERLY 300.00 FEET WHICH LIES 'WITHIN A STRIP OF LAND 20.00 FEET WIDE THE _ NORTHERLY BOUNDARY OF WHICH IS THE SOUTHERLY BOUNDARY OF THE ABOVE DESCRIBED 96.00 FOOT STRIP OF LAND. CONTAINING 6,183 SQUARE FEET MORE OR LESS. SEE EXHIBIT 'B' A~-FACHED HERETO AND MADE A PART HEREOF. ROBERT BRUCE STANFORD JR. LS ~ EXPIRES SEFTEMBER 30, 2005 LD-1 U.E2O. EXHIBIT A-1 JUNE 20, 2002 SR CONSULTANTS 25322 RYE CANYON ROAD SUITE 20t 91355 SANTA CLARITA, CAUFORHIA 661.257-6570 661-257-6577 (FAX) pROPERTY) (CHURCH STREET ACROSS soUTHERN CALIFORNIA EDISON coMPANY No;th: 52823.9191 East: 10373.3378 Line Course: N 00-15-52 E Length: 20.30 Nort~t: 52844.2189 East: 10373.4315 Line Coume: S 80-24-19W Length: 107~98 North: 52826.2244 East: 10266.9817 Rndlu~: 1058.03 Cuwe Length: 198.45 Tangent: 98.05 Delta: 10-36-16 Chord: 195.17 Course: S 75-06-11 W Coume tn: S 09-35"41E Coume Out N 20-11-57 W. RP North: 51784.9963 East 10442.9936 East: 10078.3731 End North: 52776.0503 Radius: 1144.00 Cuwe Length: 5.61 Tangent: ?...BO Chord: 5.60 Course Out: $19-55436 E Coume In: N 20-11.-57 W cun~e Length: 13.05 Radius: 1164.00 Chord: 13.04 Course: N 70-07-19 E Course In: N 19--33'25 W Coun~ Out S 20-11-57 E End North: 52757.2835 East: 10085.2774 Chive Length: 191.75 Delta: 10-36-16 Tangent: 96.15. · Cho~: 191.47 Coume: N 75-06-11 E - * Course In: S 20-11-b'7 E Course Out: N 09-35-41W RP Nodh: 51784.9996 ~ 10442.9922 End NodYc 52806.5074 East: 10270.3139 Line Course: N 80.24.-19 E Length: 104.49 . · Norlh: 52823.9238 East: 10373.3422 Perime~ec. 959.88 Area: 6,183 sq.ft. 0.14 acres Mapcheck Closure - (Uses listed, courses, radii, and deltas) Coume: N 45-10-59 E Eh'or Closure: 0.0063 East: 0.00446 Error Nor~ 0.00443 Precision 1:104,986.14 100 FOOT EASEMENT FOR GRADNG DRAINAGE MAINTENANCE AND cONSTRUCTiON PURPOSES North: 52941.6566 East: 10373.8811 Line Course: S 80-24-19 W Length: 124.65 North: 52920.8802 East: 10250.9748 Curve Length: 183.14 Radius: 1152.00 Delta: 9436-31 Tangent: 91.77 Chord: 182.95 Course: S 75-51434 W Course in: S 09-3541 E Course Out: N 18-42-12 W RP .Nod~'. 51784.9951 East:. 10442.9878 End North: 52876.1598 East: 10073.5781 Line Course: N 00-15-52 E Length: 105.25 North: 52981.4087 East: 10074.0639 Curve Length: 164.83 Radius: 1252.00 Detta: 7-32.35 Tangent: 82.53 Cho,"d: 164.71 Course: N 76-,38-02 E Coume In: S 17-08-16 E Coume Out: N 09-35-41 W RP North: 51784.9989 East: 10442.9913 End North: 53019.4851 Fast: 10234.3106 Line Course: N 80-24-19 E Length: 142.03 North: 53043.1584 East: 10374.3538 Line Course: S 00-15--52W Length: 101.50 North: 52941.6595 East: 10373.8853 perimeter: 921.39 Area: 30,730 sq.lt. 0.71 acres Mai)check Closure - (Uses listed courses, radii, and deltas) Course: N 55-36-52 E Error Closure: 0.0050 East: 0.00416 Error North: 0.00285 Precision 1:152,845.58 ~1~ ' ~'~ ~ ~ ' ~ ~ EXHIB~ 'B' ~T-~-w,~ ~ CHURCH S~EE DATA: ~ ~,..-I ,,-~. I ..,' I ~-' J SR CONSULT~S, INC Fox ~ 661 257-6577 i March 1, 2002 Legal Description of an Easement for Storm Drain, Street, Highway & Related Purposes for Church Street across Southern California Edison (SCE) · ~ Right-of-Way (ROW) West of Channel Real Property located in the City of Rancho Cucamonga, County of San Bemardino, State of California, legally described as follows: Commencing at the Northwest comer of Section 5, T. 1S., R. 6W., as shown on the Record of Survey, recorded in Book 47 of Records of Survey, Pages 68 through 75, records of said County; Thence N 89°49'26'' E a distance of 360.01 feet along the North line of said Section, also known as the canterline of Base Line Road, to the Northwest comer of Parcel 1 of Pareal Map No. 1 in the City of Rancho Cucamonga, as per plat recorded in Book 1, of Parcel Maps, Page 1, records of the County of San Bemardino, State of California; Thence S 0°15'52'' W along the West line of said Parcel 1, a distance of 1563.86 feet to the Southwest comer of said Parcel 1 also being the Northwest comer of Parcel 5 of Parcel Map 15641 as per plat recorded in Book 192 of Parcel Maps, Page 93/100, records of the County of San Bemardino, State of California; Thence S 0°15'52" W along the West line of said Parcel 5, a distance of 996.86 feet to a point on the North line of Church Street of said Parcel Map 15641; Thence S 80°24'19'' W along the prolongation of said North line of Church Street a distance of 124.65 feet to a point on a tangent curve, concave southerly, having a radius of 1152.00 feet; Thence westerly along said curve through a central angle of 10°36, 16", a distance of 213.22 feet to a point on a reverse curve, concave northerly and having a radius of 1048.00 feet; Thence westerly along said curve through a central angle of 05°16'04", a distance of 96.35 feet to a point on the West line of the easterly 60 feet of Lot 5, Tract 7290 per plat recorded in Book 92, Pages 22. & 23, records of the County of San Bemardino, State of California, also known as the True Point ofBegirming; Thence continuing westerly along said curve through a central angle of 14°49'02'', a distance of 271.02 feet to a point oftangency; 3~- EXItlBIT A-2 (continued) Thence S 89053'09'' W,'a distance of 42.10 feet to a point on the West line of the Southern California Edison Company fight-of-way per documem recorded in Book 8172, Page 308 of Official Records, said point also being on the east. boundary 8.00 feet northerly of the north right-of-way line of Church Street of Tract 8805 per plat recorded in Book 126 of maps, Pages 61/62, records of the County of San Bernardino, State of California; .Thence S 00o42'38" E along the West line of said Edison Company right-of-way a distance of 96.01 feet to a point on the South line of Church Street of said Tract 8805; Thence N 89°53'09'' E, a distance of41.10 ·feet to a point on a tangent curve, concave northerly having a radius of 1144.00 feet; Thence easterly along said curve through a central angle of 13°30'55'', a distance of 269.85 feet to a point; Thence N 00°15'52'' E, a distance of 99.17 feet to the True Point of Beginning. Containing 0.69 acres.(29,954 ftsq) See Exhibit Bo5/6 attached hereto and made a part hereof. Prepared by: SR Consultants, Inc. 25322 Rye Canyon Road, Suite 201 Santa Clarita, CA 91355 (661) 257-6570 -- Date William McKenzie RCE No. 33922 Expires: 6/2002 · 3,2/ Pa~e 2 Of 2 PARCEL MAP NO. 15641~ PARCEL MAP NO. 15641 ~ ~ BOUNDARY ~S~RLY LINE OF EAS~RLY 500 FEET OF ~ S.¥E. S.C.E. ~S~RLY LINE OF EAS~RLY ~00 FEET ~S~RLY 560 FEET SEC~ON 5. T15, R6W, S.B.M. RI~T- F-WAY RI~T-OF-WAY ~ ~S~RLY 560 ~ET SEC~ON 5, T15, R6W, S.B.M. H 00~5'52' E' ~ 5~6.4g' 2696.89' 2567~ ~ 2687.16~ ~ ~ H ~5'52' E ~ST UNE OF EAS~RLY 60 ~T ~ S.C.E. ~ST UNE OF EAS~RLY 60 ~[T S.C.E. LOT 5, reACT NO. 7290 M.B. 92 / RIGHT-OF-WAY OF LOT 5, TRACT ,0. 7290 ".8, 92 22-2~ J / 22-25 & ~ 0015'52' E] ' TRACT NO. 88 .__ BOUNDARY ~ I ..... 8R CONBULTA 8, INC. .... SANTA C~EITA, CAMFOR~IA 91355 RIGHT-OF-WAY / STREET / GRADING & UAINTENANCE EASEMENT ;~'/? Phone : (661)257-6570 ,,' Fox .: [661) 257-6577 CHURCH STREET ACROSS S.C.E. (EAST OF CHANNEL) PAGE I OF 2 WEST UNE $OU1HERN CAUFORNtA [DISOH / / ~ / . r'-RIGHT-OF-WAY PER BOOK 8172 / 308 O.R. AND ~ "'"'"' / · ~ EAST UNE 1RACT NO. 8805 MB 126 / 61-62 SOUll-lERN CALIFORNIA EOISON RIGHT-OF-WAY I~ACl NO. 8805 T.P.O.B. ~-§ WEST UHE OF EAS1ERLY SO ~ET OF LOT 5o IRACT I CHURCH N 89'53'oS'4z.m, [ S ~' R E ~' ~' -~-'~=~o i4~.~0.--~ .~ ..~o'--~"----- A S E t~ E ~ T k - 5 ':'~~-~--~H 126 / 61-62 ~ ~ ~ SOUTHERN CAUFORNIA EDISON RIGHT-OF-WAY CURVE DATA: I RIGHT-OF-WAY / GRADING & MAINTENANCE EASEMENT ~ ~'~" "*~' 'J"~" .~ · CHURCH STREET ACROSS S.C.E. (WEST OF CHANNEL) PAGE 2 OF 2 March 1, 2002 Legal Description of an Easement for Grading and the Construction and Maintenance of Storm Drain Facilities for Church Street Across the Southern -California Edison (SCE) Right-Of-Way (ROW) West of Channel Real Property located in the City of Rancho Cucamonga, county of San Bemardino, State of California, legally described as follows: Commencing at the Northwest 'comer of Section 5, T. 1S., R. 6W., as shown on the Record of Survey, recorded in Book 47 of Records of Survey, Pages 68 through 75, records of said County; Thence N 89049'26" E a distance of 360.01 feet along the North line of said Section, also known as the centerline of Base Line Road, to the Northwest comer of Parcel 1 of Parcel Map No. 1 in the City of Rancho Cucamonga, as per plat recorded in Book 1, of Parcel Maps, Page 1, records of the County of San Bemardino~ State of California; Thence S 0°15'52" W along the West line of said Parcel 1, a distance of 1563.86 feet to the Southwest comer of said Parcel 1 also being the Northwest comer of Parcel 5 of Parcel Map 15641 as per plat recorded in Book 192 of Parcel Maps, Page 93/100, records of the County of San Bemardino, State of California; Thence S 0°15'52''W along the West line of said Parcel 5, a distance of 996.86 feet to a point on the north line of Church Street said Parcel Map 15641; Thence S 80*24' 19" W along the prolongation of said North line of Church Street a distance of 124.65 feet to a point on a tangent curve, concave southerly, having a radius 1152.00 feet; Thence westerly along said curve through a central angle of 10°36'16'', a distance of 213.22 feet to a point on a reverse curve, concave northerly and having a radius of 1048.00 feet; Thence westerly along said curve through a central angle of 05°16'04'', a distance of 96.35 feet to a point on the West line of the easterly 60.00 feet of Lot 5, Tract 7290 per plat recorded in Book 192, Page 22 & 23 of Maps, records of the County of San EXHIBIT A-3 3, Pane 1 of 2 (continued) Bemardino, State of california, also known as the Tree Point of Beginning of Parcel A- 6a, being a 100 foot wide strip, northwesterly of, contiguous and perpendicular to the following line; Thence continuing Westerly along said curve through a central angle of 14°49'02'', a distance of 271.02 fe~t to a point of tangency; · _ Thence S 89053'09'' W, a distance of 42.10 feet to a point on the West line of the Southern California Edison Company right-of-way, per document recorded in Book 8172, Page 308 of Official Records, said point also being on the east boundary, 8.00 feet northerly of the north right-of-way of Church Street of Tract 8805 per plat recorded in Book 126 of Maps, Pages 61 & 62, records of the County of San Bemardino, State of California, to the point of terminus of Parcel A-6a; Thence S 00042'38" E along the West line of said Edison Company right-of'way a distance of 96.01 feet tO a point on the South line of Church Street of said Tract 8805, said point also knows as the True Point of Beginning ofParoel A-6b, being a 2 0.00 foot wide strip, southeasterly of, contiguous and perpendicular to the following line; Thence N 89°53'09'' E, a distance of 41.10 feet to a point on a tangent curve, concave northerly having a radius Of 1144.00 feet; Thence easterly along said cUrVe through a central ~ngle of 13°30'55'', a distance of 269.85 feet to a point on the West line of the easterly 60.00 feet of said Lot 5, Tract 8805, to the point of terminus of Parcel A-6b; : Thence N 00015'52'' E, a distance of 99.17 feet to the True Point of Begiuning of said Parcel A-6~ Parcel A-6a Containing 0.72 acres and Parcel A-6b Containing 0.14 acres. See Exhibit B-5/6 attached hereto and made a part hereof. Prepared by: SR Consultants, Inc. 25322 Rye Canyon Road, Suite 201 Santa Claflin, CA 91355 (661) 257-6570 rWilliam McKen~.ie V Date RCE No.. 33922 ' ' Expires: 6/2002 '' J ' pARGE~ MAP NO. BOUtID/~Y ~Y U~ N ~ E ~.~ I I~ . ~_~ - _ ......... ~-- ~1~1 I I ~ GRADI~O ~ ~AIHTE~ANCE EASEMENT (ee~) ~7-~ CHURCH STREET ACROSS ~.C.E, (EAST .... SOUIl-'IERN CAUFORNIA EDISON. m o RIGHT-OF-WAY uJ IRACT NO. 8805 A-5 ; k4 ' ~': FEET C~ LOT ~, TRACt' ~ t~ ~ 40T TO SCALE ~L sou~., c~.~.,~ ED,~ON RI~T-OF-WAY ~ RIGHT-OF-WAY / GRADING A MAINTENANCE EASEMENT ,~~HURC~RE~eRos~W~F C~NNE~ PAGE '2 OF 2 March 5, 2002 Legal Description of an Easement for Storm Drain within Southern California Edison (SCE) Right-Of- Way (ROW) East of Channel · ~eal Property located in the City of Rancho Cucamonga, County of San Bemardino, Slate of California, Exhibit "A", legally described as follows: Commencing at the Northwest.comer of Section 5, T. 1S., R. 6W., as shown on the Record of Survey, recorded in Book 47 of Records of Survey, Pages 68 through 75, records of said County; Thence N 89°49'26'' E a distance of 360.01 feet along the North line of said Section, also known as the centerline of Base Line Road, to the Northwest comer of Parcel 1 of Parcel Map No. 1 in the City of Rancho Cucamonga, as per plat recorded in Book 1, of Parcel Maps, Page 1, records of the County of San Bemurdino, State of California; Thence S 0°15'52'' W along the West line of said Parcel 1, a distance of 1563.86 feet to the Southwest comer of said Parcel 1 also being the Northwest comer of Parcel 5 of Parcel Map 15641 as per plat recorded in Book 192 of Parcel Maps, Page 93/100, records of the County of San Bernardino, State of Calif0mia; Thence S 0°15,52,, W along the West line of said Parcel 5, a distance of 996.86 feet to a point on the North line of Church Street of said Parcel Map 15641; Thence continuing S 00015'52'' W, a distance of 97.44 feet to a point on the South line of said Church Street; Thence S 80024' 19" W, along the prolongation of said South line of said Church Street, a distance of 107.96 feet to a point on a tangent curve concave southerly having a radius of 1056.00 feet; Thence easterly along said cUrVe through a central angle of 08°36'18", a distance of 158.57 feet to a point, also know as the True Point of Beginning; Thence S 0°15,52" W, a distance of 232.69 feet to a point; Thence N 89°44'08'' W, a dis~nce of 40.00 feet to'a point on West line of the easterly 300 feet of the westerly 360 feet of said Section 5; EXHIBIT A-4 ~2 (continued) Thence northerly along said West line iq 00°15'52'' E, a distance of 218.47 feet to a point on the South line of Church Street; Thence easterly along said South line a distance of 5.60 feet, through a central angle of 00o16'50'' and a radius of 1144.00 feet, a radial to said point bears N 19°55'06" W to a point of reverse curvature. · Whence easterly along a curve 01°59'58'', a distance of 36.85 feet and a radius of 1056.00 feet to the True Point of Beginning. Containing 0.21 acres. See Exhibit B-7 attached hereto and made a part hereof. Prepared by: SR Consultants, Inc. 25322 Rye Canyon Road, Suite 201 Santa Clarita, CA 91355 ~. (661) 257-6570 Date William Mca. m* RCE No. 33922 Expires: 6/2002 PARCEl. MAP NO. 1564.1 ~ p~ MAP HO. 1~41 ~ ~ B~NOARY D~TAIL ~ PA~ 2 ~.68'~ ~ 2696.69~ ' T~~ ~9~3, I ~ST UN~ Or EASILY 60 ~E S.C.L LOT ~, ~ACT NO. 7290 M.B. 92 / ~T-~-WAY ~ LOT 5, reACT HO. 729O M.B. 02 ~T-~-W~Y 22-23 / 22-23 ........... ~ OH PA~ 2 ~ ~1~ ~ J~. ~ ~O ~ST~S ~ PAR~ U~ ilO. 15641 [ ] . ~N~ ~O ~ST~S ~ ~ACT UAP HO. ~5 I ~ ~ .... SR CONSULTA~S, INC. S.C.B. (~AST OP CNA~) ,~,: SANTA CURITA. CAUrORHIA 91355 Phone: (661) 257-6570 ~ Fox : ~661) 257-6577 PAGE 1 OF 2 R A N C H O C U C A M O N G A ~, ,q ENGINEERING DEPARTMENT DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION, AND IMPROVEMENTS ALONG 6TH STREET AND SANTA ANITA AVENUE RECOMMENDATION: That the City Council 1. Consider Resolution No. , a Resolution of Necessity of the City of Rancho Cucamonga Declaring Certain Real Property Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Extension, Construction, and Improvements Along 6th Street and Santa Anita Avenue 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C, D, and E below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/Sths vote. 3. If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt the proposed Resolution No. (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire certain real property interests in portions of the real property located in the City of Rancho Cucamonga, County of San Bernardino identified as Assessor's Parcel Nos. 0229-271- 22 and 0229-283-26 (referred to hereafter as "subject property interests"). The subject property interests are more fully described in the legal descriptions attached to the Resolution of Necessity as Exhibit "A," which is incorporated herein by this reference. CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 2 RESOLUTION NO. 0,Z-291 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION, AND IMPROVEMENTS ALONG 6TH STREET AND SANTA ANITA AVENUE DISCUSSION The subject property interests are sought for public purposes, namely for street purposes and all uses necessary and convenient thereto in connection with the extension, construction and improvements of 6th Street and Santa Anita Avenue ("proposed Project") pursuant to California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq., including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. As explained more fully below, the proposed Project would require the acquisition of portions of the real property identified as Assessor's Parcel Numbers 0229-271-22 and 0229-283-26 for a permanent street easement for the planned extension, construction and improvements of 6th Street and Santa Anita Avenue. As explained above, the legal descriptions of the subject property interests are attached as Exhibit "A' to the Resolution of Necessity and depicted on Exhibit "B" to the Resolution of Necessity. The proposed Resolution of Necessity, Resolution No. .together with its Exhibits "A" and "B" is included with this Staff Report, and is incorporated herein by this reference. The hearing on the proposed Resolution of Necessity has been duly noticed. BACKGROUND AND SUMMARY The proposed acquisition consists of the partial acquisition of the real property identified as Assessor's Parcel Numbers 0229-271-22 and 0229-283-26 for a permanent street easement in connection with the City's extension, construction and improvements of 6th Street and Santa Anita Avenue. This proposed acquisition of the subject property interests consists of approximately 99,317 square feet for the permanent street easement. As explained more fully below, these street improvements were exacted as conditions to the approval of Tentative Parcel Map No. 15665. These street improvements are consistent with and are a proposed component of the City's General CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 3 Plan. The extension and improvement of 6th Street is shown on the Circulation Plan of the Circulation Element of the General Plan. Further, the extension of Santa Anita Avenue north of 6th Street is necessary to provide access to proposed industrial development in the area. The General Plan, and any amendments thereto, are on file in the City Planning Department and are incorporated in this Staff Report by this reference. Specifically, the proposed Project would improve Santa Anita Avenue to full width in accordance with the City "Industrial Local" standards and would improve 6th Street in accordance with City "Secondary Arterial" standards. The improvements to 6th Street would result in the completion of 6th Street to full width from the Day Creek Channel bridge, east of Hyssop Drive to the AT & SF railroad spur line. The potential environmental impacts of the proposed Project were studied in connection with the potential environmental impacts of Tentative Parcel Map No. 15665 (referred to hereafter as "Tentative Parcel Map"). The construction of the proposed Project was studied as an integral part of the Tentative Parcel Map. In accordance with Public Resources Code Sections 21000, et seq. and California Environmental Quality Act ("CEQA") Guidelines Sections 15061 and 15315, the City as a responsible agency under CEQA for the Tentative Parcel Map development project determined that the Tentative Parcel Map is exempt from CEQA pursuant to a categorical exemption and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300. Specifically, the potential environmental impacts of the proposed Project were studied as an integral part of the Tentative Parcel Map by the Planning Commission when it adopted Resolution No. 02-32 on February 27, 2002. Pursuant to this Resolution, the Planning Commission determined and resolved that based on the substantial evidence presented to the Commission during the February 27, 2002 public hearing including written and oral staff reports that (1) The proposed Tentative Parcel Map is consistent with the objectives of the General Plan and Development Code; (2) the site of the proposed Tentative Parcel Map development is physically suitable for the proposed future industrial development; and (3) the proposed subdivision will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. Further, the Planning Commission in Resolution No. 02-32 found that the Tentative Parcel Map is categorically exempt per class 15, Minor Land Divisions pursuant to CEQA Guidelines section 15315 based on the facts and information contained in the staff report dated February 27, 2002, together with all written and oral reports included for the environmental review in connection with the Tentative Parcel Map application. CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 4 Accordingly, based on the findings and conclusions set forth in Resolution No. 02-32, the Planning Commission approved the Tentative Parcel Map, subject to the conditions set forth in the Resolution and in the Standard Conditions attached to Resolution No. 02-32 and incorporated therein. Specifically, the Planning Commission approved the Tentative Parcel Map subject to several conditions, including the following conditions concerning the proposed Project: "1) Santa Anita Avenue shall be improved full width in accordance with City 'Industrial Local' standards including a.c. pavement, curbs, gutters, 9500 lumens HPSV street lights, traffic signs, and striping as follows: "a) The developer shall acquire off-site rights-of-way for Santa Anita Avenue, north of 6th Street, across the SCE and MWD corridors, prior to final map approval. If the developer is unable to obtain the rights-of-way, the developer may request the City to assist the developer with the acquisition of the off-site property interests, in conjunction with the standard condition regarding condemnation. In the event the developer or the City is not able to acquire the necessary off-site rights-of-way, the final map shall be disapproved per Chapter 4, Article 1, Section 66473 of the Subdivision Map Act. "b) The proposed Santa Anita Avenue, north of 6th Street, shall be constructed full width to the northerly property line of Parcel 2. Since that exceeds 600 feet in length, the developer will need to provide an emergency access easement from Parcel I to Parcel 2, to the satisfaction of the Rancho Cucamonga Fire District and the City Engineer. "c) Street trees, property line, adjacent sidewalk, and drive approaches shall be installed upon development. "2) Improve 6th Street in accordan(~e with City 'Secondary Arterial' standards including a.c. pavement, curbs, gutters, 9500 lumens HPSV street lights, traffic signs, and striping as follows: "a) Provide 'side by side' left-turn lanes between the two Santa Anita Avenue intersections (100-foot right-of-way: 14 foot eastbound through, 12-foot eastbound through, 12-foot eastbound left-turn, 12-foot westbound left-turn, 12- foot westbound through, 14-foot westbound through curb-to-curb, and 12-foot parkways). "b) Complete 6th Street to full width from the existing Day Creek Channel bridge, east of Hyssop Drive to AT&SF railroad spur line. Provide a barricade at the railroad tracks. The developer will receive Transportation Development Fee credit for the middle 38 feet of pavement and required traffic signals. "c) Street trees, property line, adjacent sidewalk, and drive approaches shall be installed upon development. CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 5 The staff report to the Planning Commission dated February 27, 2002 (referred to hereafter as "February 27, 2002 staff report") accompanying Resolution No. 02-32 explained that the Tentative Parcel Map proposed to subdivide 33.77 acres into 4 parcels ranging in size from 3.11 to 12.74 acres. The February 27, 2002 staff repod also noted that the parcel sizes proposed by the Tentative Parcel Map are in compliance with the Development Code. The applicant of the Tentative Parcel Map submitted a master plan to depict an example of how industrial development could occur on the parcels (Exhibit "C" to the February 27, 2002 staff report), and how Santa Anita Avenue would ultimately be extended to loop around and connect to Hyssop Drive (Exhibit "D" to the February 27, 2002 staff report). The February 27, 2002 staff report further explained that the Tentative Parcel Map would complete the "missing link of 6th Street." As shown above, the proposed Project, which would result in the extension, construction and improvements of 6th Street and Santa Anita Avenue, was exacted as a condition to the approval of the Tentative Parcel Map. All of the environmental documentation prepared in connection with Planning Commission Resolution No. 02-32 and staff report dated February 27, 2002 has been reviewed by City staff in connection with the proposed Resolution of Necessity and on October 22, 2002, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the Tentative Parcel Map, of which the proposed Project is a part, and no new information of substantial importance has been obtained that would require further environmental analysis. These environmental findings are the same environmental findings for the proposed acquisition of the subject property interests. The General Plan, Planning Commission Resolution No. 02-32, and all environmental documentation concerning the Tentative Parcel Map, including the staff report dated February 27, 2002 are on file in the City Planning Department and are incorporated in this Staff Report by this reference. The real property interests sought to be acquired run across right of way owned by Southern California Edison, which is used for high-tension electrical transmission lines and towers. The proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Pursuant to Government Code Section 7262 et seq., the City of Rancho Cucamonga obtained a fair market appraisal of the subject property interests, set just compensation in accordance with the appraised fair market value and extended a written offer letter to owner of record of the subject property interests on September 19, CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 6 2002. A true and correct copy of the offer letter is on file in the City Engineer's Office and is incorporated in this Staff Report by this reference. To date, however, no negotiated purchase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. City staff is continuing its negotiations with the record owner. To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the project. B. The project is planned or located in the manner that will be compatible with the greatest public good and least private injury. C. The subject property interests described in the Resolution of Necessity are necessary for the Project. D. The proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. E. The offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. This hearing relates to Issues A, B, C, D, and E above. A. The Public Interest and Necessity Require the Project. As explained above, the City seeks to acquire the subject property interests for a public purpose. Specifically, the subject property interests are needed to extend, construct, and improve 6th Street and Santa Anita Avenue, which is a public use. The public interest and necessity require the proposed Project because the extension of 6th Street and Santa Anita Avenue will alleviate traffic congestion and provide for safety consistent with the public health and safety elements of the General Plan. In addition, the acquisition of the subject property interests serves to implement the Circulation Element of the General Plan which specifically identifies the 6th Street improvements. The public interest and necessity require the proposed Project to meet the goals of the Circulation Element of the General Plan. Proposed industrial development in the vicinity of the subject property interests makes the implementation of the proposed Project necessary at this time. The proposed Project further provides for the public health and safety by ensuring the availability of adequate streets to ensure adequate traffic circulation in the vicinity for City residents. CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 7 B. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury. The subject property interests are necessary for the proposed Project, which consists of the extension, construction and improvements of 6th Street and Santa Anita Avenue. The Circulation Element of the City's General Plan envisioned the construction of 6th Street as planned and located to meet the City's increased traffic demands. The proposed Project will ensure traffic circulation goals are met. As planned and located, the proposed Project is consistent with the City's General Plan and furthers the goals of providing necessary streets and adequate traffic circulation to serve this area of the City of Rancho Cucamonga. The public health and safety requires that adequate streets and adequate traffic circulation accompany land development. The proposed Project is necessary to meet the increased demands for streets in this part of the City. The subject property interests are necessary for the construction of the proposed Project to allow the City to improve 6th Street in accordance with City "Secondary Arterial Requirements" to ensure adequate traffic circulation. The real property interests sought to be taken run across right of way owned by Southern California Edison, which is used for high-tension electrical transmission lines and towers. The proposed Project is planned and located in a manner that will not unreasonably interfere with or impair the continued or future use by Southern California Edison of its right of way. The proposed Project is a compatible joint use to the current and future use of the property owned by Southern California Edison. In addition, as set forth above, the potential environmental impacts of the proposed Project, as planned and located, were studied and analyzed in connection with the potential environmental impacts of the Tentative Parcel Map. Further, the City has made the required environmental findings for the proposed Project finding that the Tentative Parcel Map is categorically exempt under CEQA and those findings are also the appropriate findings with regard to the proposed acquisition of the subject property interests. All of the environmental documentation prepared in connection with the Tentative Parcel Map, including the Planning Commission Resolution No. 02-32 and the staff report dated February 27, 2002 has been reviewed by City staff in connection with the proposed Resolution of Necessity and on October 22, 2002, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the Tentative Parcel Map, of which the proposed Project is a part, and no new information of substantial importance has been obtained that would require further environmental analysis, CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 8 C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The proposed acquisition consists of the partial acquisition of the real property identified as Assessor's Pamel Numbers 0229-271-22 and 0228-283-26 for a permanent street easement for the planned extension, construction and improvements of 6th Street and Santa Anita Avenue. As set forth above, the subject property interests are necessary for the proposed Project, which implements the Cimulation Element of the General Plan. The proposed acquisition of the subject property interests is required for the construction of the proposed Project as planned and located and to enable the City to implement the Circulation Element of the City's General Plan. Further, the subject property interests are necessary for the proposed Project to ensure there are adequate streets in this area of the City of Rancho Cucamonga, D. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. The real property interests sought to be taken run across right of way owned by Southern California Edison, which is used for high-tension electrical transmission lines and towers. The proposed Project will not unreasonably interfere with or impair the continued or future use by Southern California Edison of its right of way. The proposed Project is a compatible joint use to the current and future use of the property owned by Southern California Edison. The extension, construction and improvement of 6th Street and Santa Anita Avenue is not anticipated to impair or hinder Southern California Edison from the use of its right of way. The proposed joint use of the property for street purposes and as right of way by Southern California Edison has, in past experience, been found to be a compatible use. E. The Offer Required by Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired. Pursuant to Government Code Section 7262 et seq., the City obtained and approved a fair market value appraisal of the subject property interests, set just compensation in accordance with the approved appraisal, and extended a written offer on September 19, 2002 to the owner of record of the subject property interests, Southern California Edison Company. A true and correct copy of the offer letter is on file in the City Engineer's Office and is incorporated in this Staff Report by this reference. The owner and the City have engaged in negotiations pertaining to the subject property interests but the parties have not consummated a negotiated purchase at this time. CITY COUNCIL STAFF REPORT NOVEMBER 6, 2002 Page 9 Respectfully Submitted, Willia~~'/~,/~'~'-'~ City Engineer WJO:dlw Attachment FGO'I'H];LL BL .VD. ARROW  *SOUTHERN ~ALIFORNIA =EDISON S~nior Attorney Douglas.D~tonto@ SCE.com An EI31$O~V INTERffATIOIVAL Company October 25, 2002 VIA FEDERAL EXPRESS Debra J. Adams, City Clerk City of Rancho Cucamonga 10500 Civic Center Rancho Cucamonga, CA 91730 Re: Notice of Proposed Eminent Domain Proceeding, November 6, 2002 - Santa Anita Avenue and Sixth Street Road Easement Dear Ms. Adams: Southern California Edison Company ("Edison") received a Notice of Proposed Eminent Domain Proceeding and Opportunity To Be Heard announcing that on November 6, 2002 the City Council of the City of Rancho Cucamonga intends to consider the adoption of a resolution of necessity as a precursor to filing an eminent domain action against Edison. Edison requests to appear and be heard at the November 6, 2002 hearing. Edison requests that this letter be made part of the public record at the hearing on November 6, 2002. Edison objects to and opposes the adoption by the City Council of a resolution of necessity for the acquisition of the property and property interests owned by Edison The property the Council is contemplating to acquire through eminent domain is already being put to public use by Edison. The City's project is not planned or located in a manner that will be most compatible with the greatest public good and the least private injury. At this time, Edison believes that it does not serve the public interest and necessity for the City to exercise its power of eminent domain. P.O. Box 800 2244 Walnut Grove Ave. Rosemead, California 91770 (626) 302-1914 Fox (626) 302-6997 ~ebra $. Adar6s, City Clexk - ~age 2 ' ~ctober 17, 2002 The City's project will severely diminish Edison's capacity for future use of Edison's property to serve the public. The City's project is incompatible with Edison's use of the property for the transmission and distribution of electricity. The City fails to understand the severe impact the City's project will have on Edison. The City's project needs to be redesigned. There are serious deficiencies in the design of the City's project. Edison requests that the City defer any decision on the adoption of a resolution of necessity until after such time as the project can be redesigned so as to not interfere with Edison's ability to serve the public. DPD:ajg:LW022980031.doc PARAGON CAPI'TAL CORPORATI'ON 319 E. Palm Drive, Suite 200 (714)986-2zI~t tele Placentia, CA 92870 (71,1)986-2~t5 fax November 5, 2002 Mr. Dan James Engineering Department City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 RE: Santa Anita/6th Street Response to SCE letter regarding eminent domain I am in receipt of a copy of the SCE letter wherein they request a continuance to the hearing with regard to necessity. I oppose deferring the decision with regard to the Resolution of Necessity and will be prepared to speak to same at the hearing. Please include this letter as a part of the public record on the matter. SCE objects to the finding of necessity and expressed several concerns in its letter dated October 25. First, SCE contends that their property would be diminished in utility and that the City's design is not planned or located in a manner compatible with the public good. This is incorrect, particularly since the SCE site stands to benefit greatly through the project. The effort expended by the City engineering staff, the traffic department, and the developer has been extensive and 'fully planned' in concert with the City's Specific Plan. Second, the site is currently in a fallow condition, and the roads proposed in the tentative map serve to increase the public good by improving municipal traffic flow, improving emergency vehicle access to inaccessible areas, and improving access to the SCE facilities located adjacent to the proposed project. The proposed roads are designed to be built outside and set back from the confines of the power poles and distribution towers, all to be done without any diminishment of utility to the electrical distribution corridor. SCE could expand its facilities at any time on the subject property even more easily after the project improvements are completed. SCE further contends that the City project is not "well planned", and that the City fails to understand the "impact" of the project on Edison. This is simply not true. The developer has worked diligently with City staff to engineer a safe and practical traffic pattern that is designed to provide the optimal line of sight, safe off-set distancing, and adequate turning capabilities on a major thoroughfare that has remained un-connected for over 15 years. The project is derivative of multiple and varying options, is very well planned and fully engineered, provides the least impact on Edison, and fulfills the City's long term circulation plan to the benefit of local property owners and the community as a whole. As the developer of the property, Paragon Santa Anita LLC is concerned that Edison's delaying tactic is a way of bullying the property owner and the City. Edison has been neither cooperative nor helpful. The property owner made multiple proposals and friendly applications to Edison for easements over the proposed land area but has been met with stubbornness and attitude. The City, similarly, made repeated inquiry to SCE for a friendly grant ora road easement, but has been met with the same dilatory response. The project is within the City's Re-development Area, but has been un-improved for years. As developer, we are anxious to complete the project, install the streets, and begin construction of a master-planned business park. The map of which these proposed streets are a "condition" has been in process for over 20 months. The master drainage plan for this sector of which these streets are a material part is fully engineered, but we are stalled without the right to build the streets. The area of town in which the site is located remains un-improved and needs these streets to provide access and continuity of traffic flow. As a condition of the map, the developer is required to secure the road easements, has made a good faith effort to secure these rights, and has had the City's efforts to facilitate securing these rights meet with no success. Only through a finding of necessity are these rights accessible through eminent domain based upon SCE's continuous efforts to block our progress. If you have any questions with regard to the foregoing, please call me. Best regards, PARAGON SANTA ANITA LLC Kim B. Snyder Managing Member cc: Debra Adams, City Clerk so rIOS so. g)2.- ¢/ A RESOLUTION OF NECESSiTY OF TH~ CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING TH~ ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION AND IMPROVEMENTS ALONG 6TH STREET AND SANTA ANITA AVENUE THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation, in the County of San Bemardino, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for a permanent street easement in connection with the proposed street extension, construction and improvements along 6th Street and Santa Anita Avenue (the "Project") and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure Section 1230.010 et seq., including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610,1240.650, and other provisions of law. Section 3. The real property interests sought to be taken are a permanent street easement in connection with the extension, construction and improvements along 6th Street and Santa Anita Avenue, and identified as Assessor's Parcel Numbers 0229- 271-22 and 0229-283-26 in the City of Rancho Cucamonga, County of San Bemardino ("Subject Property Interests"). The legal description of the Subject Property Interests is attached as Exhibit "1" to this Resolution and the Subject Property Interests are depicted on the diagram attached as Exhibit "2" to this Resolution. Both Exhibits are incorporated herein by this reference. The Subject Property Interests are required to facilitate the extension, construction and improvements along 6th Street and Santa Anita Avenue, which is a public use. Section 4. The proposed Project is consistent with the City's General Plan. The proposed Project would extend 6th Street in an east/west direction from the Day Creek Channel bridge, east of Hyssop Drive to the AT & SF railroad spur line, improving 6th Street in accordance with City "Secondary Arterial" standards. In addition, the proposed Project would extend Santa Anita Avenue northerly from 6th Street, improving Santa Anita to full width in accordance with the City "Industrial Local" standards. These improvements will further the public health and safety by ensuring adequate streets and 11231\0101\711006-1 adequate traffic circulation in the area. Recent and proposed industrial development in the vicinity of the proposed Project makes the construction of the proposed Project necessary. Section 5. The potential environmental impacts of the proposed Project were studied and analyzed as an integral part of the Planning Commission's adoption on February 27, 2002 of Resolution No. 02-32, approving Tentative Parcel Map No. 15665 (referred to hereafter as "Tentative Parcel Map"). The street improvements that make up the proposed Project were exacted as a condition to the approval of the Tentative Parcel Map. In accordance with Public Resources Code Sections 21000, et seq. and California Environmental Quality Act ("CEQA") Guidelines Section 15061 and 15315, the City as a responsible agency under CEQA for the Tentative Parcel Map development project determined that the Tentative Parcel Map is exempt from CEQA pursuant to a categorical exemption and the application of that categorical exemptions is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300. Pursuant to Resolution No. 02-32, the Planning Commission determined and resolved that based on the substantial evidence presented to the Commission during the February 27, 2002 public hearing including written and oral staff reports that (1) The proposed Tentative Parcel Map is consistent with the objectives of the General Plan and Development Code; (2) the site of the proposed Tentative Parcel Map development is physically suitable for the proposed future industrial development; and (3) the proposed subdivision will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. Further, the Planning Commission in Resolution No. 02-32 found that the Tentative Parcel Map is categorically exempt per class 15, Minor Land Divisions pursuant to CEQA Guidelines section 15315 based on the facts and information contained in the staff report dated February 27, 2002, together with all written and oral reports included for the environmental review in connection with the Tentative Parcel Map application. Accordingly, based on the findings and conclusions set forth in Resolution No. 02-32, the Planning Commission approved the Tentative Parcel Map, subject to the conditions set forth in the Resolution and in the Standard Conditions attached to Resolution No. 02-32 and incorporated therein. Specifically, the Planning Commission approved the Tentative Parcel Map subject to several conditions, including the following conditions, which make up the proposed Project: a) "Santa Anita Avenue shall be improved full width in accordance with City 'Industrial Local' standards including a.c. pavement, curbs, gutters, 9500 lumens HPSV street lights, traffic signs, and striping as follows: i) "The developer shall acquire off-site rights-of-way for Santa Anita Avenue, north of 6th Street, across the SCE and MWD 11231\0101\711006-1 comdors, prior to final map approval. If the developer is unable to obt.ain the rights-of-way, the developer may request the City to assist the developer with the acquisition of the off-site property interests, in conjunction with the standard condition regarding condemnation. In the event the developer or the City is not able to acquire the necessary off-site rights-of-way, the final map shall be disapproved per Chapter 4, Article 1, Section 66473 of the Subdivision Map Act. ii) "The proposed Santa Anita Avenue, north of 6th Street, shall be constructed full width to the northerly property line of Parcel 2. Since that exceeds 600 feet in length, the developer will need to provide an emergency access easement from Parcel 1 to Parcel 2, to the satisfaction of the Rancho Cucamonga Fire District and the City Engineer. iii) "Street trees, property line, adjacent sidewalk, and drive approaches shall be installed upon development. b) "Improve 6th Street in accordance with City 'Secondary Arterial' standards including a.c. pavement, curbs, guttem, 9500 lumens HPSV street lights, traffic signs, and striping as follows: i) "Provide 'side by side' left-tm lanes between the two Santa Anita Avenue intersections (100-foot right-of-way: 14 foot eastbound through, 12-foot eastbound through, 12-foot eastbound left- turn, 12-foot westbound left-turn, 12-foot westbound through, 14-foot westbound through curb-to-curb, and 12-foot parkways). ii) "Complete 6th Street to full width from the existing Day Creek Channel Bridge, east of Hyssop Drive to AT&SF railroad spur line. Provide a barricade at the railroad tracks. The developer will receive Transportation Development Fee credit for the middle 38 feet of pavement and required traffic signals. iii) "Street trees, property line, adjacent sidewalk, and drive approaches shall be installed upon development." In reviewing this Resolution of Necessity, City Planning Staff analyzed all of the environmental documentation prepared in connection with Planning Commission Resolution No. 02-32 and the Planning Commission staff report dated February 27, 2002. Pursuant to this review, on October 22, 2002, Planning Staff concluded pursuant to the criteria of CEQA Guidelines Section 15162 and Public Resoumes Code Section 21166 that no substantial changes have occurred in the Tentative Parcel Map, of which the proposed street improvements are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Tentative Parcel Map and the conditions imposed as part of its approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. 11231\0101\711006-1 Section 6. The real property interests sought to be taken mn across right of way owned by Southern California Edison, which is used for high tension electrical transmission lines and towers. The Proposed Project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Section 7. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described on Exhibits "A" and "B" attached hereto is necessary for the proposed project; D. The proposed project will not unreasonably interfere with or impair the continuance of the existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and E. The offer required by Section 7267.2 of the Government Code was made to the owners of record. Section 8. The City has complied with the notice requirements of Code of Civil Procedure Section 1245.235. Section 9. The findings and declarations contained in this Resolution are based upon the record before the City Council on November 6, 2002, which includes the Staff Report dated November 6, 2002 and all documents referenced therein, including the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference. Section 10. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney and staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B' attached hereto. Section 11. This Resolution shall take effect upon adoption. 11231\0101\711006-1 PASSED, APPROVED and ADOPTED by the City Council of the City of Rancho Cucamonga this 6th day of November 6, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 11231\0101\711006-1 EXHIBIT "A" PARCEL "A" That portion of the southwest quarter of Section g, Township I South, Range 6 West, San Bernardino Meridian, described as follows: BEGINNING at the northeast corner of Parcel 16 of Parcel Map No. 4749, as shown by map on file in Book 47 of Parcel Maps at pages 28 and 29 thereof, Records of San Bernardino County, California; Thence South 89° 53' 37" West along the boandary line of said Parcel 16 and along the south line of that certain parcel of land conveyed to Southern California Edison Company by deed recorded February 28, 1961 in Book 5363 at page 108 thereof, Official Records of San Bernardino County, California, a distance of 350.18 feet to the southwest comer of said parcel so conveyed, said corner also being an angle point in the boundary line of said Parcel 16; Thence North 00° 14' 24" East along said parcel so conveyed and along said boundary line, a distance of 989.32 feet to a point hereinafter refen'ed to as Point "A", said point being on the south line of that certain parcel of land conveyed to Southern California Edison Company by deed recorded December 23, 1960 in Book 5312 at page 66 thereof, Official Records of San Bernardino County, California; Thence North 89° 48' 29" East along said south line, a distance of 66.00 feet to a point on a line parallel with and distant east 66.00 feet, measured at a right angle, from said boundary line of Parcel Map No. 4749 and from the west line of said parcel so conveyed to Southern California Edison aa aforesaid and recorded February 28, 1961; Thence South 00° 14' 24" West alon~ said parallel line, a distance of 772.60 feet to the beginning ora tangent curve, concave to the west, having a radius of 633.00 feet; Thence southerly along said curve, to the fight, through a central angle of 12° 50' 40", an arc distance of 141.91 feet, the radial line from said point bears North 76° 54' 56" West; Thence South 33° 02' 39" East, a distance of 33.19 feet to the beginning of a non- tangent curve, concave to the north, having a radius of 813.00 feet, the radial line from said point bears North 13° 16' 22" East; Thence easterly along said curve, to the left, through a central angle of 13° 20' 11", an arc distance of 189.24 feet; Thence North 89° 56' 11" East, tangent to said curve, a distance of 94.16 feet to a point on the east line of said parcel so conveyed to Southern Caiifomia Edison as aforesaid and recorded February 28, 1961; Ol-13/LegaISCE 1 AlbertA. Webb ~4ssociates ~q7 Thence So~th 00° 14' 07" West along said east line, a distance of 26.20 feet to the POINT OF BEGINNING. Containing 1.68 Acres, more or less. PARCEL "B" BEGINNING at Point "A" hereinabove referred to, said point being on the south line of that certain parcel of land conveyed to Southern California Edison Company by deed recorded December 23, 1960 in Book 5312 at page 66 thereof, Official Records of San Bemardino County, California; Thence North 00° 14' 24" East, a distance of 394.54 feet to a point on the north line of said pared so conveyed; Thence North 89° 54' 06" East along said north line of said parcel so conveyed, a distance of 66.00 feet; Thence South 00° 14' 24" West, a distance of 394.43 feet to a point on said south line of the parcel so conveyed; Thence South 89° 48' 29" West along said south line, a distance of 66.00 feet to the POINT OF BEGINNING. Containing 0.60 AC, more or Jess. ATTACHED HERETO AND MADE A PART HEREOF IS A SKETCH ENTITLED EXHIBIT "B". PREPARED LrNDER MY SUPERVISION: Matlhew E. Webb, L.S. 5529 Prepared by: Checked by: 3&eg~lSCE 2 /llbert A. Webb /1ssociates EXHIBIT "B" CITY OF RANCHO ~ I KI;#,.I :). fllUflW&T3 AND RELATED PURPOSES ~ ,~*~*,~o TO PT. I PAR. B STREETS. HIGI~/AY$ AND RL~&IZD PuRPoses cu.~ O~T~ ,~/ -~ z - 0 A R L ALBERT K P.O.B. N.E. COR. PAR A S S0 ClATE S SECTION 8, TOfiNSH[P ~ SOUTH, SOUTHERN CALIFORNIA EDISON CO. ~IS P~T IS ~Y ~ ~D IN LO~NG ~E P~(S) D~RIB~ IN ~[ A~ACH~ DOCUU~. ff IS NOT A P~ OF ~E ~,z~ D~I~ON TH~N. S~E:1'=2~' D~N ~ C~KO .V SU~ECT: ~EUENT P~T R A N C H O C U C A M 0 N G A COMMUNITY SERVICES DATE: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director SUBJECT: APPROVAL OF A JOINT USE AGREEMENT BE11NEEN THE crI'Y OF RANCHO CUCAMONGA AND CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT EXPANDING COMMUNFrY USE OF HIGH SCHOOL FACILmES RECOMMENDATION: It is recommended that the City Council approve the proposed agreement between the City and the Chaffey Joint Union High School District for joint use of high school facilities. BACKGROUNDIANALYSlS: Over the past year City staff have been working with the Superintendent of the Chaffey Joint Union High School District to develop a proposed agreement that would improve and expand the use of Rancho Cucamonga located high schools by the community during non- school hours. As can be expected, there have been a number of scheduling considerations and priorities to discuss and define. As a result of these discussions, staff from the City and District have developed the proposed agreement attached as Exhibit #1. The proposed agreement will permit the City to schedule athletic fields and courts at all local high schools, the Alta Loma High School joint use facility and other community facilities at high schools such as swimming pools, gymnasiums and theaters in accordance with a specifically defined schedule. In summary the proposed agreement will allow the community to utilize these facilities as a second priority to all School District needs and defines the specific hours for which these facilities can be scheduled for the community. The proposed agreement terms take into consideration all of the unique needs of the School District for sports and extra curricular activities after school and during vacation periods. The proposed agreement will allow the City to install athletic field and court lighting on the facilities at Los Osos High School to increase the hours of availability for community use. The terms also include a provision for the City to provide funding to each of the high schools which will assist them in maintaining the community use facilities. Other than the funding identified in the agreement, the District has agreed not to charge any additional rental fees or staff costs for community use of the school facilities. Joint Use Agreement regarding High School Facilities November 6, 2002 Page 2 The proposed agreement represents very willing cooperation and lots of hard work by the District Superintendent and staff. Their cooperation has been very much appreciated by the City. Staff will specifically review the major terms of the agreement with the City Council at the November 6th meeting. FISCAL IMPACT: The proposed agreement requires the City to pay $6,000 per school site each year for the costs associated with maintenance, repair and renovation. At each fifth year anniversary, an additional $2,000 will be added to this payment amount for each high school. Community Services Director Attachment: Exhibit #1 JOINT USE AGI~.F. IVIENT BY AND B~ THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAIVlONGA ("AGREEIVlE~') This Agreement is entered into and effective this day of , 2002 ("Effective Date") by and between the Chaffey Joint Union High School District ("District") and the City of Rancho Cucamonga ("City.") Section 1: Intent of the Parties. District owns and operates several facilities that are or can be utilized for recreation purposes. City desires to obtain the right to utilize the District's facilities for ' ' its residents' recreation activities at no cost or burden to District. City and District believe the joint use of the District facilities will be beneficial to both entities and will maximize the recreational opportunities available to the constituents within each entity's jurisdiction. This Agreement is intended to establish the terms, conditions and promises by which City and District will provide for the long-term use of the facilities for recreation purposes. City and District each jointly and separately agree and acknowledge that the bargained for promises, duties and covenants of the other are valuable consideration that each is relying upon and absent this consideration neither would have entered into this Agreement. Section 2:. Real Properly Subject to this Agreement. The District intends City to be able to jointly use only the District's high schools, present and future which are located within City, for joint use. The specific list of high schools and sites that are regulated by this Agreement (in whole or part "Facilities") are set forth on Attachment A. The described real property may be a portion of a larger parcel. In such cimumstance the parties and their invitees, licenses and representatives may, by mutual agreement utilize any reasonable portion of the entire parcel in a reasonable manner so as to effectuate the intent of this Agreement. District agrees to, at all times, maintain the Facilities in a safe and reasonable condition and in full accord with all laws and regulations regulating the subject real property and the management thereof. Section 3: Use and Scheduling Priority. District's high school sponsored activities shall, unless otherwise agreed to by City and District, be accorded the first priority in the scheduling of the Facilities' use. City sponsored or scheduled activities shall have a secondary priority. However, once a Facility is scheduled for City event use that reservation shall not be subject to cancellation, limitation, alteration or restriction as a result of District's subsequently arising use except as specifically permitted by this Agreement. Section 4: General Policy Regarding Facility Scheduling. District shall have the possession, control and scheduling authority for all Facilities except when City is required to manage community use scheduling. City shall have the responsibility to schedule the following Facilities during the time period the Facilities may be used for non-District community use: 1. Outdoor athletic fields and courts - baseball fields (except Varsity Baseball Field), softball fields, soccer fields, tennis courts and outdoor basketball courts. This Agreement does not include the use of any stadiums, tracks (and the respective field inside the track) or permanent bleachers. A listing of existing fields and courts included under this Joint Use Agreement is attached. 2. Alta Loma High School Joint Use Community Facility - two classrooms, dance room and weight room #82. Section 5: Permitted Times for Facility Usage. The joint use of the Facilities must respect both traditional and unique use requirements of the Facilities. The following section expressly defines the agreed upon days and times of scheduling and usage of the Facilities by the parties or their licensees and invitees. 698929 2 A. Outdoor Athletic Fields and Courts. 1. City shall schedule these Facilities for community use: a. Facilities with lighting: Monday through Friday between 5:30 p.m. and 10:00 pm. and Saturdays and Sundays between 10:00 a.m. and. 10:00 p.m.; b. Facilities without lighting Monday through Friday between 5:30 p.m. and dusk and Saturdays and Sundays between 10:00 a.m. and dusk; c. Notwithstanding anything to the contrary City shall reserve one nonoveflapping unlit field at each Facility for use by District~ This reserved field shall be in addition to the Varsity Baseball Field and any sports field surrounded by a track. 2. District shall schedule in conformance with the following: a. District shall have the sole and exclusive fight to use and utilize the Outdoor Athletic Fields and Courts Facilities at all times except as when available to City pursuant to Section 5.A.I above. b. District shall have scheduling privileges in conformance with the CIF league games pursuant to the schedule District shall deliver to City in June of each year for the subsequent school year. c. Notwithstanding the limitations in Section 3 District shall have scheduling priority for all CIF league playoff games provided District delivers City the playoff game schedules in a timely manner after District receives the playoff schedule from CIF. Further during the playoff period a District team actually involved in the playoff competition may, upon forty-eight (48) hour advance notice to City, utilize the Facility they designate until 6:00 p.m. on any day when school is in session. d. Student Health and Safety Rescheduling. In the course of each month "extreme climate conditions" may require the postponement, delay or other adjustment of school athletic schedules. "Extreme Climate Conditions" means that either the temperature or air quality conditions are at a level which has been deemed unsafe or unhealthy by medical experts the parties have deemed reliable. Notwithstanding Section 3, on those days when extreme climate conditions exist, District 698929 3 reserves the right to preempt City events to accommodate the rescheduling of school athletic events. This right is limited as follows: 1. District shall notify City immediately upon District's determination that event reschedaling is necessary. 2. No preemption of a City event shall be permitted if City has scheduled use after dark on a field where the City has installed or funded the lighting equipment at the field. 3. District may elect to utilize the Facility City has reserved pursuant to Section 5A1C. e. District Special Usage. District may request, and City agrees to use its best reasonable efforts to accommodate unique District related usage (e.g. marching Band or ROTC practice.) District shall provide City forty-eight (48) hours notice of such request. District may elect to utilize the Facility City has reserved pursuant to Section 5A1C. B. Alta Loma Joint Use Community Facility. City shall schedule this Facility during all times of community use; District shall maintain the right to possess, control and schedule the Facility at all other times. 1. City usage. The City will schedule this Facility for use by the City or City authorized users as follows: A. Classrooms. 1. School usage days. Monday through Friday, City usage is permitted between the hours of 4:00 p.m. through 9:30 p.m.; 2. Nonschool usage days. Monday through Friday, City usage is permitted between 8:00 a.m. and 9:30 p.m.; 3. Saturdays and Sundays. City usage is permitted between 8:00 a.m. and 5:00 p.m. The City will provide at its own cost an onsito representative who will ensure the classroom is in a usable condition, clean and free of any items that may prevent City's or City's users use and enjoyment of the classroom and who will secure the facility at the end time of the use. District further agrees to outfit the classrooms 698929 4 solely with tables and chairs of a type and nature that can be taken down or relocated so as to accommodate the City or its users needs. B. Dance Room. City will schedule this Facility from 6:00 p.m. to 9:30 p.m., Monday through Friday and from 12:00 p.m. to 5:00 p.m. on Saturdays and Sundays. C. Weight Room Number 82. City will schedule this Facility: 1. On school days - Monday through Friday from 4:00 p.m. to 9:30 p.m.; 2. On nonschool days - Monday through Friday from 9:00 a.m. to 5:00 p.m.; 3. On Saturdays and Sundays from 8:00 a.m. to 5:00 p.m. 2. District shall retain the priority right to schedule the Facilities described in Section 5B 1 except during those hours designated for City's use. City shall be responsible for the reservation of the Facilities described in Section 5B1 at all times during community usage. C. Community Use Facilities. District shall have the sole duty and authority to schedule events at these Facilities. District has priority for use at all of the Community Use Facilities. City shall have the secondary priority as to use of all Community Use Facilities. District's priority shall be manifested by District's design on or before May 30 of each calendar year, of the dates that District requires the use of these Facilities. District and City may, on a first come, first served basis reserve all other days that the Facilities are available for use. District agrees to use its best efforts to make these Facilities available to City and City's licenses and invitees, as often and for as long a time as is possible. City agrees to provide District, on or before May 30 of each year, a twelve (12) month schedule of all dates and times that City desires to reserve these Facilities. 698929 5 .Section 6: Further Cooperation. City and District, by and through their designated representatives, shall monthly coordinate the scheduling of the Facilities. This coordination is for the purpose of evaluating the schedule of events to avoid or resolve any scheduling issues. Section 7: City Fiscal Contribution. City agrees to provide economic contribution to District consistent with the following subsections. A. Los Osos High School Lighting. City may elect in its sole discretion to to provide lighting which City believes is necessary to provide the generally acceptable level of illumination for two adult soccer fields, two regulation sized softball fields, one regulation baseball field and the initially developed outdoor basketball and tennis courts. City and District agree to work together to establish the terms and conditions that will guide the installation of all or any part of such lighting. City shall be responsible for all costs, including environmental clearances, associated with installation of the lighting. B. Annual Contribution. City agrees to pay directly to each high school the sum of six thousand dollars ($6,000.00) per year per school site, as the same are identified on Attachment A, on the anniversary of the Effective Date of this Agreement. The six thousand dollar ($6,000.00) per high school payment shall increase by two thousand dollars ($2,000.00) per high school every fifth year that this Agreement is in force. This payment, whenever made, shall be full payment to each high school for all of City's annual usage of the high school facilities. C. City shall reimburse District the actual costs of electricity used by field or court lighting during any period when City or City's licensee or invitee is using the Facilities but only when the lighting was funded or installed by City (for both field or court uses). 698929 6 Section 8: Fees for Facility Usage. District shall not charge City any fee for the usage of the Facilities except as set forth in this Agreement. The City shall, in addition to any consideration set forth elsewheTM in this Agreement: A. Pay the compensation due a part-time, temporary custodian that District shall employ each July and August for the purpose of cleaning the Alta Loma High School Joint Use Facility after City usage, and not for any other Facility or location. B. City shall quarterly pay to District, the sum that reflects City usage of District's theatres and swimming pools. District shall use its best effoms to reduce the costs to City by efficient scheduling of personnel. District shall charge City for the actual time City uses the theatre or swimming pool facilities at the District's adopted rates. Section 9: Term and Termination. The term of this Agreement shall be for twenty-five (25) years commencing on the Effective Date. Notwithstanding the term, either party may terminate this Agreement for cause on the anniversary of the Effective Date, provided that the termination is based on the following: A. The party electing to terminate the Agreement provides the other not less than six (6) months prior written notice of such election. B. The written notice must set forth substantial evidence of the existence of one or more of the following circumstances: 1. An uncured breach of this Agreement; 2. The District's educational needs conflict with City's use of all of the Facilities identified; 3. The District has determined that City's usage of all Facilities has created a cost of repair and maintenance that is excessive. If City has paid for the installation of lighting and District elects to terminate this Agreement prior to the lapse of the twenty-five (25) year term District shall pay to City the sum of money determined by the following formula. The total material 698929 7 and installation cost of the lighting installed in the Facilities shall be divided by twenty- five. The dollar amount that is the one twenty-fifth share shall be multiplied by the number of years remaining on the twenty-five (25) year term of the Agreement. The sum resulting from such multiplication shall be paid in full to City by District on or before the last day of the Agreement. .Section 10: Indemnity of the Parties. City shall and hereby does indemnify, defend and hold harmless District and its officers, officials, employees and bonafide agents (collectively "Indemnitees" and individually "Indemnitoe") against any claims, demands, expenses, liens, fees, costs, awards, decrees or settlement arising from any cause of action that, directly or indirectly, arises from alleged injury to persons or property (including, but not limited to death) that was caused by or resulted from City negligence or failure to perform its affirmative obligations set forth in this Agreement. City and District each shall maintain current and in full effect commemial general liability insurance policies, through either self-insurance or a commemial vendor, that has a minimum limit of liability, per occurrence and aggregate, of not less than One Million Dollars ($1,000,000.00). Such policy as obtained by the City shall name the District as an additional insured and the District's policy shall name the City as an additional insured. District shall, and hereby does agree to indemnify, defend with counsel of City's sole reasonable selection and hold harmless City, including its councilmembers, officers, officials, attorneys, employees, contractors and representatives against any and all claims, suits, costs, expenses, fees, liens, judgments, awards, decrees or settlement or similar obligation arising from any injury, including but not limited to death, of any person and/or damage to property that arises, directly or indirectly, from District's actions, negligence or omission to act as regards District's obligations under this Agreement or from District's status as owner of the Facilities. Section 11: Extraordinary Wear and Emergencies. District shall be solely responsible for the ordinary wear and tear experienced by the Facilities. In the event City or any third party authorized by City use results in the damage or destruction of the Facility or any of District's personal property 698929 therein, City shall promptly replace such property or reimburse District for the costs of any necessary repair. District shall not interfere with and shall cooperate with City in City's efforts to recover any damages from any third party City reasonably believes to be liable for the subject damage or destruction. Further, in any event emergency maintenance and/or repairs are necessary to make the subject Facility safe for usage by City or its invitees or licensees, District, without being subject to a claim of breach of this Agreement, may elect to close the Facility to use by both City and District. City and District further agree that the fields require a time period each year, not less than thirty (30) days in length, for renovation and replanting. City and District shall mutually determine the time period when this renovation is to occur. The parties shall use their best efforts to select a time period where the activities will cause the least interruption of use by City and District. Section 12: Records and Inspections. City and District each shall maintain full and accurate records with respect to all matters covered under this Agreement. City and District each shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. Section 13: Parties Not Obligated to Third Patties. Neither City nor District shall be obligated or liable under this Agreement to any party other than as is set forth in this Agreement. Section 14: Personnel, Equipment and Materials. Each of City and District represents that it has, or will secure at its own expense, all personnel, equipment and materials required to perform the services required under this Agreement. All of the services required under this Agreement will be performed by the responsible party or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Section 15: Force Majeure. Neither City nor District shall not be liable for any failure to perform if acceptable evidence has been submitted to the other that failure to perform the 698929 9 Agreement was due to causes beyond the control and without the fault or negligence of the nonperforming party. Examples of such causes include acts of God, civil disturbances, fire, war, or floods, but do not include labor related incidents, such as strikes or work stoppages. Section 16: Notices. Any notices, bills, invoices, or reports required by this Agreement shall be conclusively deemed received on (a) the day of delivery if delivered by hand during the party's regular business hours; or CD) on the third business day following deposit in the United States mall, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. If to City: City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga, California 91729-0807 Attention: jack Lam, City Manager If to District: Chaffey Joint Union High School District 211 W. Fifth Street Ontario, California 91762 Attention: District Superintendent Section 17: Assignability; Subcontracting. Neither party shall assign or transfer any interest in this Agreement nor the performance of any of such party's obligations hereunder, including the performance of any of such party's obligations by an subcontractors, without the prior written consem of the other party, and any attempt by such party to subcontract any work or assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. Section 18: Compliance with Laws. Both City and District shall comply with all applicable federal, state, county and local laws, ordinances, codes and regulations. 698929 10 Section 19: Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or mom of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. Section 20: Remedies Cumulative. Each right, power and remedy provided for heroin or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other fight, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise, and the exemise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or mom of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or ail of such other rights, powers or remedies. Section 21: Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. Section 22: Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any materiai discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 23: Entire Am'eemant. This Agreement, and any other documents incorporated herein by' specific reference, represent the entire and integrated agreement between District and City. This Agreement supersedes any and all other agreements, either orai or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges and agrees that no representations by any party which are not embodied herein and no other agreement, statement or promise not contained in this Agreement shall be vaiid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties. 698929 11 Section 24: Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action brought for any purpose that arises, directly or indirectly, from this Agreement and the performance or failure to perform under the Agreement shall be brought in the superior court in the County of San Bernardino, California. Section 25: Severabilit¥. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement, or the application of it to any person or circumstances, is determined by a court of competent jurisdiction to be unenforceable, such provision shall be severed from and shall not affect the remainder of the Agreement. Section 26: Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. Said captions are not a part of the Agreement and in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. Section 27: Signatures: Each party affirms that the signatures and titles set forth hereinafter in the execution of this Agreement represent all persons authorized to execute this Agreement and are sufficient to bind the respective party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF RANCHO CUCAMONGA DISTRICT A Municipal Corporation Name Name Title Tire 698929 1 2 RANCHO CU CA M O N GA r COMMUNITY ~ERVICE& DA[E: November 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director SUBJECT: CONSIDERATION OF CITY COUNCIL COMMUNITY FOUNDATION SUB-COMMI'I'rEE'S RECOMMENDATIONS FOR NEW BOARD MEMBERS RECOMMENDATION It is recommended that the City Council approve the City Council Community Foundation Sub-Committee's recommendations for appointment of new Board members. BACKGROUND The Community Foundation has identified a goal of increasing membership on their Board of Directors in order to better meet their fundraising objectives for the future Cultural Center facility. There are currently six (6) members on the Board and it is hoped that Board membership will increase up to thirty members in the future. The Board has been recruiting additional potential members who meet the fundraising ability criteria desired for future endeavors. The Board has forwarded the names of potential new members to the City Council Community Foundation Sub-Committee for consideration. The City Council Sub-Committee is meeting on November 4 to consider these nominations for recommendation to the full City Council. The Sub- Committee will present recommended names to the Council at the November 6 meeting. sed' Director KM/mam