Loading...
HomeMy WebLinkAbout2003/02/19 - Agenda Packet RAN ONGA 10500 C v c Cente[~D'r ve Rancho CuCamonga, CA 91730 L ~._../ Z. J City Office: (909) 477-2700 AGENDAS F CITY COUNCIL ~' REDEVELOPMENT AGENCY F~ FIRE PROTECTION DISTRICT REGULAR MEETINGS: 1sT and 3rd Wednesdays, 7:00 p.m. FEBRUARY 19, 2003 Agency, Board & City Council Members William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tem Rex Gutierrez ............................ Member Robert J. Howdyshell ............... Member Donald J. Kurth, M.D ................ Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 4:00 p.m. Special Closed Session ...................... Tapia Conference Room 7:00 p.m. Regular Redevelopment Agency Meeting ...... Council Chambers Regular Fire Protection District Meeting ...... Council Chambers Regular City Council Meeting ......................Council Chambers City Council Agenda February 19, 2003 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. CALLTO ORDER 1. Roll Call: Alexander , Gutierrez __., Howdyshell __., Kurth , and Williams __ B. ANNOUNCEMENTS/PRESENTATiONS 1. Presentation of a "Key to the City" to Congressman David Dreier welcoming him to Rancho Cucamonga as our City is now officially part of Congressman Dreier's 26th Congressional District. 2. Presentation of a Proclamation in recognition of current San Bemardino County Board Supervisor (Second District) and former Rancho Cucamonga Council Member Paul Biane for his years of dedicated service to our community. 3. Presentation of Proclamation in recognition of the Month of February 2003 as "YMCA Month." 4. Presentation of Donations in the amount of $5,000 each to the Community Foundation and Library Foundation from General Dynamics. 5. Presentation of Plaques in recognition of Chaffey College Staff for their continued support of the City's Annual Fourth of July Fireworks Show. 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: January 24, 2003 (Special Meeting) 2. Approval of Warrants, Register January 25 through February 10, 2003, 1 and Payroll January 25 through February 10, 2003, for the total amount of $3,760,444.08. City Council Agenda February 19, 2003 3. Approve to receive and file current Investment Schedule as of January 24 31,2003. 4. Approval to authorize the advedising of the "Notice Inviting Bids" for the 3'1 Construction of Lemon Avenue Street Rehabilitation from Beryl Street to Amethyst Street, from Acct. No. 11763035650 (Measure '1" Funds). RESOLUTION NO. 03-036 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LEMON AVENUE STREET REHABILITATION FROM BERYL STREET TO AMETHYST AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval for authorization to purchase one {1) Ford E-150XL eight- 38 passenger van from Fairview Ford of San Bemardino, in the amount of $16,110.65, funded from the Youth Enrichment Services Grant, Fund No. 1252-401-5604. 6. Approval of $300,000.00 for the purpose of funding the Citywide 41 Concrete Repair, Tree Removal and Tree Planting Annual Maintenance Agreement for repair of City sidewalks, curb and gutters, to be funded from Acct. 11763035300, and approval of a $300,000.00 appropriation to Acct. No. 1763035300 from the Measure I Fund balance. 7. Approval of a request from the Skamnes/Hocking Family for a Waiver of 42 Rental Fees for use of the Rancho Cucamonga Epicenter Adult Sports Complex for a Memorial Softball Tournament in the memory of Stephanie Skamnes Hocking on February 22, 2003. 8. Approval of a Resolution authorizing an advancement of funds and 43 approving an Agreement between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency (CO 03-004) for re- imbursement of costs related to Community Facilities District 2003-01. RESOLUTION NO. 03-037 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ADVANCE BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY TO THE CITY OF PART OF THE COST OF CERTAIN IMPROVEMENTS IN CONNECTION WITH CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003- 01 AND AUTHORIZING AN AGREEMENT WITH THE AGENCY City Council Agenda February 19, 2003 3 9. Approval of a Public Parking Facilities Ground Lease and Public 5'1 Parking Facility Operating Agreement between the City of Rancho Cucamonga and Victoria Gardens Mall, LLC, (CO 03-005) for property generally located north of Foothill Boulevard, west of 1-15 Freeway. 10. Approval to enter into a Lease Hold Agreement at the City Yard 53 between Cingular Wireless (CO 03-006) and the City of Rancho Cucamonga for the purpose of installing a Wireless Communication facility for Cingular Wireless Personal Communication Service. 11. Approval to release an Agreement for Reimbursement of Public 98 Improvements for Undergrounding of Overhead Utilities (URA-003) by DR 85-48, located at the northeast corner of Hellman Avenue and Seventh Street for Golden West Equities Properties, Inc. RESOLUTION NO. 03-038 9~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR REIMBURSEMENT OF PUBLIC IMPROVEMENTS (UNDERGROUNDING OF UTILITIES URA-003) FOR DR 85-48, GOLDEN WEST EQUITIES PROPERTIES, INC. 12. Approval to accept Improvements, release the Faithful Performance '1`18 Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for CUP 99-24, submitted by Rancho Technology, LLC, located on the northwest corner of Archibald Avenue and Ninth Street. RESOLUTION NO. 03-039 `120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 99-24, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 13. Approval to accept Improvements, release the Faithful Performance 121 Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DRC2001-00493, submitted by Lindsay-Ontario, LLC, located on the northwest corner of Milliken Avenue and Fifth Street. RESOLUTION NO. 03-040 123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00493 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Agenda February 19, 2003 4 14. Approval to accept Improvements, release the Faithful Performance 124 Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for DRCDR01-03, submitted by Fullmer Construction, located on the east side of Hermosa Avenue, north of Sharon Court. RESOLUTION NO. 03-041 126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRCDR 01-03 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 15. Approval to amend Tract Map No. 14875, located at the southeast 127 corner of Archibald Avenue and Church Street, submitted by Archibald Garden Villas Partnership, a Limited Partnership. RESOLUTION NO. 03-042 129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDING TRACT MAP NO. 14875 16. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for 130 Improvements for Tract 16128, submitted by D.R. Horton, located on the northeast corner of Base Line Road and San Carmela Court RESOLUTION NO. 03-043 132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16128 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to release Faithful Performance Bond No. 929203528 in the amount of $65,259.00 for the Access Ramp Improvements, generally 133 located along Hermosa Avenue and Lemon Avenue, Contract No. 01- 078. 18. Approval to release Maintenance Guarantee Bond No. 3419309 in the amount of $8,374.00 for the Traffic Signal and Safety Lighting at 135 Rochester Avenue and lark Drive, Contract No. 01-025. 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. I ~ City Council Agenda Februaoj 19, 2003 5 1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.18 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO MISCELLANEOUS OFFENSES ORDINANCE NO. 700 (second reading) 137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.18 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING MISCELLANEOUS OFFENSES 2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE REGARDING GRAFFITI PROHIBITION AND REMOVAL ORDINANCE NO. 701 (second reading) 139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING GRAFFITI PROHIBITION AND REMOVAL 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. CONSIDERATION OF ESTABLISHMENT OF COMMUNITY 141 FACILITIES DISTRICT 2003-01 (CONTINUED FROM FEBRUARY 5, 2003) RESOLUTION NO. 03-031 144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING MODIFICATIONS TO THE CITY OF RANCHO CUCAMONGA FACILITIES DISTRICT NO. 2003-01, ESTABLISHING THE DISTRICT, ESTABLISHING TWO IMPROVEMENT AREAS THEREIN, ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA, CALLING A SPECIAL ELECTION WITHIN EACH IMPROVEMENT AREA AND TAKING CERTAIN ACTIONS City Council Agenda Februa~ 19, 2003 6 RESOLUTION NO. 03-032 208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF EACH IMPROVEMENT AREA WITHIN THE DISTRICT PROPOSITIONS RELATING TO THE RESPECTIVE IMPROVEMENT AREA RESOLUTION NO. 03-033 215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01, CERTIFYING THE RESULTS OF THE FEBRUARY 19, 2003 SPECIAL TAX AND BOND ELECTIONS RESOLUTION NO. 03-035 222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND EACH OF THE CUCAMONGA COUNTY WATER DISTRICT, THE ETIWANDA SCHOOL DISTRICT, AND THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT City Council Agenda February 19, 2003 7 ORDINANCE NO. 699 (first reading) 224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF SUCH DISTRICT G.~. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H.~. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES 228 UPDATE 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. City Council Agenda Februar~ 19, 2003 8 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. 1. CONSIDERATION OF REQUEST BY NICOLE MYERCHIN TO 239 CHANGE THE CITY'S ANIMAL SHELTER TO A "NO KILL" SHELTER AND TO BAN THE DECLAWING OF CATS 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 February 13, 2003, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. January 24, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meetinq A. CALL TO ORDER A meeting of the Rancho Cucamonga City Council was held on Friday, January 24, 2003, in the Tri- Communities Conference Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 4:10 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Linda D. Daniels, Redevelopment Agency Director; Joe O'Neil, City Engineer; Brad Buller, City Planner; Trang Huynh, Building Official; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Deborah Clark, Library Director; Kevin McArdle, Community Services Director; Pete Ortiz, Police Chief; Dennis Michael, Fire Chief; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; and Kathryn L. Scott, Deputy City Clerk. B. ITEM OF BUSINESS 1. CONTINUATION OF ANNUAL TEAM BUILDING/GOALS MAINTENANCE WORKSHOP The City Council and Department Heads met to discuss goals for the year 2003. (A copy is on file in the City Clerk's office.) C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. ADJOURNMENT The workshop adjourned at 6:15 P.M. Respectfully submitted, Kathryn L. Scott, CMC Deputy City Clerk Approved: T H E C I T Y O F I~ANC H 0 C U CA/q 0 N GA Memorandum DA3E: February 13, 2003 TO: Rex G~ier~ouncilmember FROM: Pam E~, Deputy City Manager SUBJECT: Warrants Review for Council Meeting--February 19, 2003 The City Attorney has reviewed the Summary of Warrants for the February 19, 2003, Council meeting and has found no conflict of interest. If you have any questions, please give me a call at extension 2003. c: Jack Lam, AICP, City Manager Jim Markman, City Attorney Debbie Adams, City Clerk Lawrence I. Temple, Administrative Services Director Tamara Layne, Finance Officer Ann Haworth, Accounting Services Supervisor T H E C I T Y 0 F ~-~ C~.5- -c~ c ^. ~ o ~ ~ ~ / Menio'randurn / / DOTE: February 12, 2003 ~TO: Debbie Adams, City Clerk CC: Jack Lam, City Manager Pamela Easter, Deputy City Manager Jim Markman, City Attorney Lawrence I. Temple, Administrative Services Director Ann Haworth, Accounting Services Supervisor FROM: Tamara L. Layne, Finance Officer ~ SUBJECT: Summary of Warrants Issued to Vendors Representing Possible Conflict of Interest for Councilmember Gutierrez - Council Meeting Date: February 19, 2003 Attached for your reference is a summary of warrants by entity that were issued to vendors representing a possible conflict of interest for Councilmember Gutierrez due to his personal business dealings with them. These warrants are included in the Consent Calendar section of each entity's agenda.. If you have any questions regarding the attached, please give me a call at extension 2430. Thank you. CITY OF RANCHO CUCAMONGA SUMMARY OF WARRANTS COUNCIL MEETING DATE: Feb 19, 2003 VENDOR CHECK# DATE AMOUNT Arrowhead Credit Union 193132 1/29/2003 $5,124.08 Masi Commerce Center Partners * 193424 2/5/2003 $1,000.00 Rancho Cucamonga Chamber of Commerce 193250 1/29/2003 $200.00 Rancho Cucamonga Chamber of Commerce 193459 2/5/2003 $80.00 Southern Cai Edison 193278 1/29/2003 $8,374.13 Southern Cai Edison 193481 2/5/2003 $101,224.13 Southern Cai Edison 193521 2/5/2003 $4,428.02 * Masi Commerce Center-Release of Engineering Deposit kfinance[accounts payable\council warrant lisLxls CITY- 1 RANCHO CUCAMONGA REDEVELOPMENT AGENCY SUMMARY OF WARRANTS COUNCIL MEETING DATE: February 19, 2003 VENDOR CHECK # DATE AMOUNT Arrowhead Credit Union 193132 1/29/2003 $230.75 Rancho Cucamonga Chamber of Commerce 193249 1/29/2003 $4,522.00 Rancho Cucamonga Chamber of Commerce 193459 2/5/2003 $120.00 h~finance~accounts payable~council warrant list. xls RDA- 1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT SUMMARY OF WARRANTS COUNCIL MEETING DATE: February 19, 2003 VENDOR CHECK # DATE AMOUNT Arrowhead Credit Union 193132 1/29/2003 $345.18 h[finance~accounts payable~council warrant lisLxls FI RE-1 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 001931 l 7 1/27/2003 SAN BERN COUNTY FLOOD CONTROL DISTRIC 1,500.00 AP - 00193121 1/29/2003 A AND K 30 MIN PHOTO LAB 1NC 36.30 AP-00193122 1/29/2003 ABC LOCKSMITHS 12.93 AP- 00193122 1/29/2003 ABC LOCKSMITHS 69.83 AP- 00193123 t/29/2003 ACTION TRAVEL AGENCY 185.00 AP- 00193124 1/29/2003 ADAMSON, RONALD 1,280.00 AP - 00193127 1/29/2003 ALFAX WHOLESALE FURNITURE INC 340.17 AP - 00193129 1/29/2003 AMERICAN PLUMBING PARTSMASTER INC 157.90 AP- 00193130 1/29/2003 AMORUWA, PHELIX 5.00 AP- 00193130 1/29/2003 AMORUWA, PHELIX 200.00 AP - 00193131 1/29/2003 ARROW RESTAURANT EQUIPMENT 232.74 AP- 00193132 1/29/2003 ARROWHEAD CREDIT UNION 75.60 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 217.28 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 411.00 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 181.22 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 21.95 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 53.63 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 142.92 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 111.83 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 402.99 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 47.00 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 256.00 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 44.54 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 47.00 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 97.67 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 412.06 AP 00193132 1/29/2003 ARROWHEAD CKEDIT UNION 73.29 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 82.44 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 96.50 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 340.78 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 17.78 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 1,220.52 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 127.31 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 42.94 AP 00193132 1/29/2003 ARROWHEAD CREDIT UNION 23.90 AP 00193133 1/29/2003 ASSI SECURITY 5,372.50 AP 00193134 1/29/2003 ASSOCIATED ENGINEERS 881.50 AP 00193134 1/29/2003 ASSOCIATED ENGINEERS 920.00 AP 00193135 1/29/2003 BARNES AND NOBLE 692.14 AP 00193135 1/29/2003 BARNES AND NOBLE 137.79 AP 00193135 1/29/2003 BAILNES AND NOBLE 423.11 AP 00193135 1/29/2003 BARNES AND NOBLE -186.19 AP 00193135 1/29/2003 BARNES AND NOBLE 193.20 AP 00193139 1/29/2003 BOOKS ON TAPE 1NC 51.72 AP 00193139 1/29/2003 BOOKS ON TAPE INC 611.91 AP 00193140 1/29/2003 BRANDMAN ASSOCIATES INC, MICHAEL 16,857.29 AP 00193141 1/29/2003 BUTLER JR, EMANUEL 300.00 AP 00193141 1/29/2003 BUTLER JR, EMANUEL 300.00 AP 00193143 1729/2003 CAL PERS LONG TERM CARE 259.38 AP 00193144 1/29/2003 CALIFORNIA MUNICIPAL REVENUE & TAX AS~ 50.00 AP 00193145 1/29/2003 CALIFORNIA PUBLIC EMPLOYEES' 64,731.71 AP- 00193146 1/29/2003 CALTAC 216.00 AP - 00193146 1/29/2003 CALTAC 117.00 AP - 00193147 1/29/2003 CARMEL APARTMENTS 1,000.00 User: ahunsber - Ann Hunsberger Page: 1 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP- 00193148 1/29/2003 CIVIC SOLUTIONS INC 9,324.00 AP - 00193149 1/29/2003 CLAEYS, MICHAEL 271.00 AP- 00193150 1/29/2003 COAST RECREATION INC 1,204.54 AP - 00193150 1/29/2003 COAST RECREATION [NC 600.00 AP- 00193150 1/29/2003 COAST RECREATION [NC 1,000.00 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 5,644.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 67.78 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 344.52 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 108.67 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 58.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 184.52 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 69.65 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 43.00 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 896.75 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 458.50 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 220.82 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 71.50 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 152.82 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 273.63 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 43.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 58.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 43.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 69.65 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 49.01 AP - 00193151 1/29/2003 COMPUTER SERVICE CO 43.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 77.08 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 130.36 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 43.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 75.84 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 90.84 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 97.34 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 154.15 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 163.14 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 86.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 43.00 AP- 00193151 1/29/2003 COMPUTER SERVICE CO 431.72 AP - 00193152 1/29/2003 COPP CRUSHING CORP, DAN 40.00 AP- 00193152 1/29/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00193153 1/29/2003 COPYQUEST INC. 94.23 AP- 00193154 1/29/2003 COSOI, MARIUS 73.00 AP - 00193156 1/29/2003 COUNTRY ESTATE FENCE CO INC 911.05 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 115.03 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 127.06 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 417.16 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 81.38 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 613.22 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 136.67 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 226.88 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 141.48 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 284.03 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 289.67 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 79.87 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 245.06 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 445.91 User: ahunsber - Ann Hunsberger Page: 2 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 .7. CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP ~ 00193158 1/29/2003 CUCAMONGA CO WATER DIST 778.87 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 96.05 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 348.86 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 147.30 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 252.72 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 180.62 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 123.97 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 210.49 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 154.69 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 123.97 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 258.90 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 303.86 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 531.85 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 163.11 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 103.01 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 115.03 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 139.67 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 594.45 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 132.21 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 214.52 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 191.95 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 181.65 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 105.43 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 151.69 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 115.73 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 134.27 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 145.51 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 104.04 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 154.68 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 1,045.65 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 394.01 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 138.62 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 778.02 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 142.36 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 284.65 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 162.08 AP - 00193158 1/29/2003 CUCAMONGA CO WATER DIST 65.93 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 27.05 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 116.76 AP- 00193158 1/29/2003 CUCAMONGA CO WATERDIST 249.63 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 83.44 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 247.57 AP- 00193158 1/29/2003 CUCAMONGA CO WATER DIST 466.96 AP - 00193159 1/29/2003 CUCAMONGA CONSTRUCTION CONSULTANTS 1,260.00 AP - 00193160 1/29/2003 D AND K CONCRETE COMPANY 449.32 AP - 00193160 1/29/2003 D AND K CONCRETE COMPANY 276.92 AP - 00193161 1/29/2003 DAN GUERRA AND ASSOCIATES 40,000.00 AP - 00193161 1/29/2003 DAN GUERRA AND ASSOCIATES 15,734.00 AP- 00193163 1/29/2003 DENTAL HEALTH SERVICES 143.40 AP- 00193164 1/29/2003 DICK, ERIC 50.00 AP- 00193164 1/29/2003 DICK, ERIC 50.00 AP - 00193165 1/29/2003 DISPENSING TECHNOLOGY CORPORATION 1,794.78 AP- 00193166 1/29/2003 DOSS TENNIS COURTS 75.00 AP - 00193167 1/29/2003 DYNASTY SCREEN PRINTING 1,423.92 User: ahunsber - Ann Hunsberger Page: 3 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register I 1/25/2003 through 2/10/2003 Check No. Cheek Date Vendor Name Amount AP- 00193168 1/29/2003 EMPIRE MOBILE HOME SERVICE 3,010.20 AP- 00193168 1/29/2003 EMPIRE MOBILE HOME SERVICE 3,017.80 AP - 00193168 1/29/2003 EMPIRE MOBILE HOME SERVICE 3,010.20 AP-00193169 1/29/2003 EPIXTECHINC 268.75 AP- 00193170 1/29/2003 EWING IRRIGATION PRODUCTS 127.90 AP - 00193170 1/29/2003 EW[NG IRRIGATION PRODUCTS 79.74 AP - 00193171 1/29/2003 FILARSKY AND WATT 5,600.00 AP - 00193172 1/29/2003 FILLMORE & WESTERiq RAILWAY COMPANY 2,793.18 AP- 00193173 1/29/2003 FINESSE PERSONNEL ASSOCIATES 736.00 AP- 00193174 1/29/2003 FISHER SCIENTIFIC 331.66 AP-00193174 1/29/2003 FISHER SCIENTIFIC 563.72 AP - 00193175 1/29/2003 FULLMER CONSTRUCTION 1,000.00 AP- 00193176 1/29/2003 GEIGER, VERNON 100.00 AP- 00193177 1/29/2003 GILLI, CHRIS 95.00 AP-00193178 1/29/2003 GOFF, FRED 73.00 AP- 00193179 1/29/2003 GUARDIAN 2,663.60 AP- 00193180 1/29/2003 HARALAMBOS BEVERAGE COMPANY 615.50 AP - 00193181 1/29/2003 HDL COREN AND CONE 2,000.00 AP-00193182 1/29/2003 HOLGUIN, MICHAEL 73.00 AP - 00193183 1/29/2003 HOLLIDAY ROCK CO INC 328.65 AP- 00193183 1/29/2003 HOLLIDAY ROCK CO [NC 467.62 AP 00193184 1/29/2003 HOSEMANINC 81.98 AP 00193186 1/29/2003 HYDROSCAPEPRODUCTS INC 581.81 AP 00193187 1/29/2003 INDUSTRIAL DISTRIBUTION GROUP 203.09 AP 00193188 1/29/2003 1NLAND WHOLESALE NURSERY 180.48 AP 00193189 1/29/2003 JOHNSTONE SUPPLY 157.68 AP 00193190 1/29/2003 KAISER FOUNDATION HEALTH PLAN 47,513.04 AP 00193190 1/29/2003 KAISER FOUNDATION HEALTH PLAN 1,384.03 AP 00193191 1/29/2003 KATERCRAFTSBOOKBINDERS 687.74 AP 00193192 1/29/2003 KC PRINTING & GRAPHICS[NC 490.15 AP 00193192 . 1/29/2003 KC PRINTING & GRAPHICS INC 844.19 AP - 00193192 1/29/2003 KC PRINTING & GRAPHICS INC 71.93 AP - 00193193 1/29/2003 KERREY CONSULTING, JULES 280.00 AP- 00193195 1/29/2003 KOKANDA CONSTRUCTION 186.50 AP - 00193198 1/29/2003 LAWSON PRODUCTS INC 130.98 AP - 00193199 1/29/2003 LEFF, ROY A 70.00 AP- 00193200 1/29/2003 LITTLE BEAR PRODUCTIONS 1,253.13 AP ~ 00193200 1/29/2003 LITTLE BEAR PRODUCTIONS 1,775.00 AP- 00193202 1/29/2003 LOPEZ, CLARA 420.00 AP- 00193203 1/29/2003 LOS ANGELES FREIGHTLINER 6.82 AP - 00193204 1/29/2003 MARSHALL PLUMBING 252.43 AP - 00193204 1/29/2003 MARSHALL PLUMBING 331.95 AP- 00193204 1/29/2003 MARSHALL PLUMBING 171.02 AP - 00193205 1/29/2003 MCMASTER CARR SUPPLY COMPANY 33.25 AP - 00193207 1/29/2003 MIDWEST TAPE 39.97 AP- 00193207 1/29/2003 MIDWEST TAPE 321.88 AP - 00193208 1/29/2003 MOBILE STORAGE GROUP INC 144.68 AP-00193209 1/29/2003 MORA, FELIX 54.00 AP - 00193211 1/29/2003 MOUNTAIN VIEW GLASS AND MIRROR 570.90 AP-00193212 1/29/2003 MYERS, JEFF 735.39 AP - 00193213 1/29/2003 N M A DUES C/O NAOMI ROBERTS 13.85 AP- 00193214 1/29/2003 NATIONAL DEFERRED 24,875.21 AP- 00193215 1/29/2003 NATIONAL GRAPHIC SUPPLY 127.37 AP- 00193215 1/29/2003 NATIONAL GRAPHIC SUPPLY 106.89 User: ahunsber - Ann Hunsberger Page: 4 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portxait Layout Time: 14:44:4 ¥ CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 ttaough 2/10/2003 Check No. Check Date Vendor Name Amount AP-00193216 1/29/2003 NATIONS RENT 18.86 AP - 00193216 1/29/2003 NATIONS RENT 72.73 AP- 00193217 1/29/2003 NEW WEST SIGNAL 2,424.50 AP- 00193218 1/29/2003 NEW WEST SIGNAL 3,433.31 AP- 00193219 1/29/2003 NEW WEST SIGNAL 536.47 AP- 00193220 1/29/2003 NEWPORT PRINTING SYSTEMS 186.96 AP- 00193220 1/29/2003 NEWPORTPR1NTING SYSTEMS 46.28 AP- 00193220 1/29/2003 NEWPORT PRINTING SYSTEMS 92.56 AP-00193221 1/29/2003 NICHOLS, NORMA 250.00 AP- 00193222 1/29/2003 NIKPOUR, MOHAMMED 150.00 AP - 00193223 1/29/2003 NIKPOUR, SH1RIN 35.00 AP - 00193224 1/29/2003 NIXON EGLI EQUIPMENT CO 27.53 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC 55.81 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC 54.41 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC t,861.32 AP - 00193225 1/29/2003 O C B 1LEPROGRAPHICS INC 28.77 AP - 00193225 1/29/2003 O C B ILEPROGRAPHICS INC 28.77 AP - 00193225 1/29/2003 O C B REPROGKAPHICS INC 59.89 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC 107.15 AP - 00193225 1/29/2003 O C B REPROGRAPHICS 1NC 52.80 AP - 00193225 1/29/2003 O C B REPROGKAPHICS INC 28.55 AP - 00193225 1/29/2003 O C B REPROGKAPHICS 1NC 59.55 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC 389.33 AP - 00193225 1/29/2003 O C B REPROGKAPHICS INC 35.00 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC 185.31 AP - 00193225 1/29/2003 O C B REPROGRAPHICS INC 46.19 AP- 00193226 1/29/2003 OCLC 1NC 28.84 AP-00193227 1/29/2003 OFFICE DEPOT 18.36 AP-00193227 1/29/2003 OFFICE DEPOT 18.58 AP-00193227 1/29/2003 OFFICE DEPOT 17.65 AP-00193227 1/29/2003 OFFICE DEPOT 45.00 AP-00193227 1/29/2003 OFFICE DEPOT 66.17 AP-00193227 1/29/2003 OFFICE DEPOT 2.35 AP- 00193227 1/29/2003 OFFICE DEPOT 554.93 AP- 00193227 1/29/2003 OFFICE DEPOT 75.36 AP- 00193227 1/29/2003 OFFICE DEPOT 187.18 AP- 00193227 1/29/2003 OFFICE DEPOT 167.72 AP- 00193227 1/29/2003 OFFICE DEPOT 72.54 AP - 00193227 1/29/2003 OFFICE DEPOT 49.22 AP-00193227 1/29/2003 OFFICE DEPOT -18.34 AP-00193227 1/29/2003 OFFICE DEPOT -38.49 AP - 00193227 1/29/2003 OFFICE DEPOT 27.54 AP - 00193227 1/29/2003 OFFICE DEPOT 6.54 AP - 00193227 1/29/2003 OFFICE DEPOT 27.02 AP - 00193227 1/29/2003 OFFICE DEPOT 30.07 AP - 00193227 1/29/2003 OFFICE DEPOT 6.51 AP-00193227 1/29/2003 OFFICE DEPOT -6.22 AP - 00193227 1/29/2003 OFFICE DEPOT 45.47 AP-00193227 1/29/2003 OFFICE DEPOT 9.23 AP-00193227 1/29/2003 OFFICE DEPOT 10.32 AP- 00193227 1/29/2003 OFFICE DEPOT 2,899.55 AP-00193227 1/29/2003 OFFICE DEPOT 55.03 AP- 00193227 1/29/2003 OFFICE DEPOT 329.64 AP- 00193227 1/29/2003 OFFICE DEPOT 249.43 User: ahunsber- Ann Hunsberger Page: 5 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRA/T_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date yendor Name Amount AP - 00193227 1/29/2003 OFFICE DEPOT 53.31 AP- 00193227 1/29/2003 OFFICE DEPOT 144.13 AP-00193227 1/29/2003 OFFICE DEPOT 27.38 AP- 00193228 1/29/2003 OLTMANS CONSTRUCTION CO 1,000.00 AP- 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 161.57 AP- 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 86.17 · AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 71.60 AP- 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 18.18 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 86.36 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 24.76 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 21.54 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 109.24 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 147.54 AP- 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 6.16 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 96.96 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 40.88 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 5.95 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 2.76 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 16.43 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 37.20 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 19.56 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 46.24 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 6.77 AP - 00193229 1/29/2003 ORCHARD SUPPLY HARDWARE 16.33 AP- 00193230 1/29/2003 OSI COLLECTION SERVICES INC 36.34 AP- 00193231 1/29/2003 OWEN ELECTRIC 40.58 AP- 00193231 1/29/2003 OWEN ELECTRIC 1,500.00 AP- 00193232 1/29/2003 PACIFIC PRODUCTS AND SERVICES 9,474.46 AP - 00193234 1/29/2003 PARAGON BUILDING PRODUCTS INC 106.40 AP- 00193235 1/29/2003 PEREZ, HECTOR 105.00 AP- 00193236 1/29/2003 PEREZ, RITA 532.50 AP- 00193237 1/29/2003 PETERMANLUMBER 132.83 AP - 00193237 1/29/2003 PETERMAN LUMBER 105.99 AP- 00193238 1/29/2003 PETES ROAD SERVICE INC 120.53 AP - 00.193241 1/29/2003 POMONA INLAND VALLEY COUNCIL OF CHUR~ 621.00 AP - 00193242 1/29/2003 POUKHASSANIAN, ABBY 70.00 AP - 00193243 1/29/2003 PRAXAIR DISTRIBUTION INC 36.95 AP- 00193243 1/29/2003 PRAXAIRDISTRIBUTION INC 135.70 AP ~ 00193244 1/29/2003 PRAXAIRDISTRIBUTION INC 502.17 AP - 00193245 1/29/2003 PRESIGE HOMES 106,511.00 AP-00193246 1/29/2003 PRINCIPAL LIFE 1,681.30 AP-00193246 1/29/2003 PRINCIPAL LIFE 66,635.98 AP-00193246 1/29/2003 PR1NCIPALLIFE 14,749.67 AP - 00193248 1/29/2003 RAND RAUTOMOTIVE 220.13 AP- 00193250 1/29/2003 RANCHO CUCAMONGA CHAMBER OF COMMEI 200.00 AP- 00193252 1/29/2003 REDINGER, TOM 100.00 AP-00193253 1/29/2003 RIVERSIDE BLUEPRINT 5.17 AP-00193253 1/29/2003 RIVERSIDE BLUEPRINT 104.73 AP - 00193254 1/29/2003 ROBLES SR, RAUL P 57.50 AP- 00193256 1/29/2003 ROMERO, ANDREW 200.00 AP - 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 954.80 AP- 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 954.80 AP - 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 954.80 AP - 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 954.80 User: ahnnsber- Ann Hnnsberger Page: 6 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portxait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register t/25/2003 through 2/10/2003 Check No. .Check Date Vendor Name Amount AP- 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 686.26 AP- 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 704.17 AP- 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 942.87 AP- 00193257 1/29/2003 ROTH STAFFING COMPANIES INC 954.80 AP - 00193258 1/29/2003 S B AND O INC 2,400.00 AP - 00193258 1/29/2003 S B AND O INC 2,860.00 AP - 00193260 1/29/2003 S C A C E O 60.00 AP - 00193261 1/29/2003 SAN ANTONIO MATERIALS 157.48 AP- 00193263 1/29/2003 SAN BERN COUNTY SHERIFFS 13,333.34 AP - 00193263 1/29/2003 SAN BERN COUNTY SHERIFFS 1,023,511.66 AP- 00193263 1/29/2003 SAN BERN COUNTY SHERIFFS 16,600.00 AP- 00193263 1/29/2003 SAN BERN COUNTY SHERIFFS 15,320.83 AP ~ 00193263 1/29/2003 SAN BERN COUNTY SHERIFFS 23,704.17 AP- 00193264 1/29/2003 SAN BERN COUNTY 35,777.28 AP - 00193265 1/29/2003 SAN DIEGO ROTARY BROOM CO INC 62.50 · AP - 00193265 1/29/2003 SAN DIEGO ROTARY BROOM CO INC 187.49 AP - 00193267 1/29/2003 SHEA INFORMATION SYSTEMS DEVELOPMEN] 2,250.00 AP- 00193268 1/29/2003 SIGNATURE AUTO COLLISION CENTER 3,844.84 AP - 00193269 1/29/2003 SILVIA CONSTRUCTION INC -130.00 AP- 00193269 1/29/2003 SILVIA CONSTRUCTIONINC -5,398.82 AP- 00193269 1/29/2003 SILVIA CONSTRUCTION INC 2,937.83 AP- 00193269 1/29/2003 SILVIA CONSTRUCTION INC 25,486.83 AP - 00193269 1/29/2003 SILVIA CONSTRUCTION INC 1,300.00 AP - 00193269 1/29/2003 SILVIA CONSTRUCTION INC 0.01 AP- 00193269 1/29/2003 SILVIA CONSTRUCTION INC 16,548.03 AP- 00193269 1/29/2003 SILVIA CONSTRUCTION INC 40,197.26 AP- 00193271 1/29/2003 SMART AND FINAL 330.73 AP- 00193272 1/29/2003 SO CALIF GAS COMPANY 461.56 AP- 00193272 1/29/2003 SO CALIF GAS COMPANY 355.57 AP - 00193273 t/29/2003 SOIL AND PLANT LABORATORY INC 617.50 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 22.73 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 21.99 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.13 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 60.15 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 68.09 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 21.13 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 159.88 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.80 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 18.96 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 18.55 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 256.42 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.91 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 57.92 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 23.15 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 48.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 154.49 User: ahunsber- Ann Hunsberger Page: 7 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 18.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 52.60 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 53.57 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 55.99 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 108.35 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 220.80 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.10 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 78.81 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.93 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.77 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.93 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORaNIA EDISON 13.53 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.07 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 19.23 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 28.42 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.51 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.52 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.51 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.47 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 39.14 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 26.47 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 29.34 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 36.50 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 17.87 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 26.02 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 23.98 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 19.50 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.32 AP 00193278 1/29/2003 SOUTHER31 CALIFORNIA EDISON 13.52 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.52 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.61 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.51 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 889.36 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 202.24 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 1,013.82 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 125.43 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.77 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 67.56 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 151.28 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 16.90 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 25.40 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 1,592.97 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 189.73 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 200.16 User: ahunsber - Ann Hunsberger Page: 8 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ~..14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 131.81 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 187.06 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 86.40 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 68.46 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 65.17 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 209.45 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 212.66 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 197.61 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 129.81 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 36.57 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 25.60 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.08 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.59 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 21.30 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 19.10 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.07 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.93 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.07 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.22 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.10 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.85 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.53 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 70.00 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 89.28 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.33 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.54 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 57.26 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.08 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.10 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.88 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 28.24 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.01 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 26.67 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.68 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 27.30 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.10 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.05 AP 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.53 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.50 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 26.67 User: ahunsber - Ann Hunsberger Page: 9 Current Date: 02/12/200 Report:CK_AGENDA_ILEG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ~.~4:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 140.69 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 162.71 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 143.53 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 21.99 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 14.74 AP - 00193278 1/29/2003 SOUTHERN CALIFORNL~ EDISON 12.71 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 76.08 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 147.41 AP- 00193278 1/29/2003 SOUTHERN CALIFORNIA EDISON 149.29 AP - 00193279 1/29/2003 STEELWORKERS OLDT1MERS FOUNDATION 904.74 AP - 00193279 1/29/2003 STEELWORKERS OLDT1MERS FOUNDATION 486.01 AP- 00193279 1/29/2003 STEELWORKERS OLDTIMERS FOUNDATION 708.33 AP - 00193280 1/29/2003 STETKEVICH, OR]EST 120.00 AP - 00193283 1/29/2003 SURE SHRED DOCUMENT DESTRUCTION 176.00 AP - 00193284 1/29/2003 TARGET 10.25 AP- 00193286 1/29/2003 TERMINIX INTERNATIONAL 162.00 AP - 00193286 1/29/2003 TERMINIX INTERNATIONAL 56.00 AP- 00193287 1/29/2003 UNITED PARCEL SERVICE 27.08 AP- 00193287 1/29/2003 UNITED PARCEL SERVICE 20.17 AP - 00193288 1/29/2003 US GUARDS CO INC 1,219.00 AP- 00193288 1/29/2003 US GUARDS CO INC 7,929.25 AP - 00193288 1/29/2003 US GUARDS CO 1NC 6,365.25 AP- 00193289 1/29/2003 USPS/PITNEY BOWES 9,500.00 AP- 00193290 1/29/2003 VASQUEZ SR, RUBEN 73.00 AP-00193291 1/29/2003 VERBERA, PHIL 1,880.00 AP - 00193292 1/29/2003 VERIZON WIRELESS - LA 4,238.93 AP- 00193292 1/29/2003 VERIZONWIRELESS LA 22.71 AP- 00193292 1/29/2003 VERIZONWIRELESS LA 49.57 AP- 00193292 1/29/2003 VERIZON WIRELESS LA 43.43 AP-00193292 1/29/2003 VERIZONWIRELESS LA 43.43 AP- 00193292 1/29/2003 VERIZON WIRELESS LA 4,252.92 AP- 00193292 1/29/2003 VERIZON Wl]LELESS LA 5.15 AP-00193292 1/29/2003 VERIZONWIRELESS LA 17.56 AP- 00193292 1/29/2003 VERIZON WIRELESS LA 365.03 AP - 00193292 1/29/2003 VERIZON WIRELESS - LA 1,470.09 AP - 00193292 1/29/2003 VERIZON WIRELESS - LA 42.79 AP- 00193293 1/29/2003 VERIZON WIRELESS 64.43 AP-00193293 1/29/2003 VERIZONWIRELESS 144.37 AP 00193295 1/29/2003 VERIZON 43.02 AP 00193295 1/29/2003 VEPdZON 37.27 AP 00193295 1/29/2003 VERIZON 46.70 AP 00193295 1/29/2003 VERIZON 26.46 AP 00193295 1/29/2003 VERIZON 41.68 AP 00193295 1/29/2003 VERIZON 192.58 AP 00193295 1/29/2003 VEPdZON 62.08 AP 00193295 1/29/2003 VERIZON 109.70 AP 00193295 1/29/2003 VERIZON 31.93 AP- 00193295 1/29/2003 VEKIZON 63.77 AP - 00193295 1/29/2003 VERIZON 26.66 AP- 00193295 1/29/2003 VERIZON 59.27 AP- 00193295 1/29/2003 VERIZON 44.74 User: ahunsber - Ann Hunsberger Page: t0 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP-00193295 1/29/2003 VERIZON 70.21 AP-00193295 1/29/2003 VERIZON 55.49 AP- 00193295 1/29/2003 VERIZON 92.64 AP- 00193295 1/29/2003 VERIZON 458.13 AP - 00193295 1/29/2003 VERIZON 84.77 AP - 00193295 1/29/2003 VERIZON 35.50 AP-00193295 1/29/2003 VERIZON 34.27 AP- 00193295 1/29/2003 VERIZON 32.99 AP- 00193295 1/29/2003 VERIZON 33.73 AP- 00193295 1/29/2003 VERIZON 63.77 AP- 00193295 1/29/2003 VERIZON 99.29 AP- 00193295 1/29/2003 VERIZON 54.85 AP-00193295 1/29/2003 VERIZON 28.39 AP - 00193295 1/29/2003 VERIZON 48.14 AP-00193295 1/29/2003 VERIZON 28.39 AP- 00193295 1/29/2003 VERIZON 89.61 AP- 00193295 1/29/2003 VERIZON 89.61 AP- 00193295 1/29/2003 VERIZON 47.93 AP-00193295 1/29/2003 VERIZON 32.17 AP-00193295 1/29/2003 VERIZON 47.82 AP- 00193295 1/29/2003 VERIZON 226.15 AP- 00193295 1/29/2003 VERIZON 33.60 AP-00193295 1/29/2003 VERIZON 27.86 AP-00193295 1/29/2003 VERIZON 148.40 AP-00193295 1/29/2003 VERIZON 385.59 AP-00193295 1/29/2003 VERIZON 433.27 AP- 00193295 1/29/2003 VERIZON 37.70 AP-00193295 1/29/2003 VERIZON 37.70 AP-00193295 1/29/2003 VERIZON 89.61 AP-00193295 1/29/2003 VERIZON 35.78 AP- 00193295 1/29/2003 VERIZON 88.20 AP-00193295 1/29/2003 VERIZON 33.27 AP- 00193295 1/29/2003 VERIZON 36.98 AP- 00193295 1/29/2003 VERIZON 192.31 AP-00193295 1/29/2003 VERIZON 46.59 AP-00193295 1/29/2003 VERIZON 51.35 AP-00193295 1/29/2003 VERIZON 48.32 AP-00193295 1/29/2003 VERIZON 26.89 AP - 00193295 1/29/2003 VER.IZON 51.64 AP- 00193296 1/29/2003 VIGILANCE, TERRENCE 450.00 AP-00193298 1/29/2003 WALKER, JANET 88.70 AP - 00193299 1/29/2003 WALTERS WHOLESALE ELECTRIC CO 43.09 AP-00193300 1/29/2003 WAXIE 870.20 AP-00193300 1/29/2003 WAXIE 36.72 AP 00193301 1/29/2003 WEALTH III LLC 1,000.00 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 175.23 AP 00193305 1/29/2003 WESTVALLEYMRFLLC 148.83 AP 00193305 1/29/2003 WESTVALLEY MRF LLC 274.56 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 149.49 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 179.52 AP 00193305 1/29/2003 WESTVALLEYMRFLLC 152.13 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 138.27 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 183.15 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 225.06 User: ahunsber - Ann Hunsberger Page: 11 Current Date: 02/12/200 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: i~44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 234.63 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 196.35 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 295.02 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 236.61 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 353.43 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 309.21 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 210.54 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 297.99 AP - 00193305 t/29/2003 WEST VALLEY M1LF LLC 125.18 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 120.56 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 30.58 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 29.48 AP - 00193305 1/29/2003 WEST VALLEY MP,.F LLC 39.38 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 56.43 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 255.42 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 205.59 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 236.28 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 233.64 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 238.59 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 321.42 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 203.94 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 235.62 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 243.21 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 188.43 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 271.92 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 266.97 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 279.18 AP - 00193305 1/29/2003 WEST VALLEY M1LF LLC 122.10 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 180.84 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 78.87 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 155.43 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 148.50 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 139.92 AP 00193305 1/29/2003 WEST VALLEYMRF LLC 120.45 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 167.97 AP 00193305 1/29/2003 WEST VALLEY MRF LLC 119.13 AP 00193305 1/29/2003 WEST VALLEY MR.F LLC 190.08 AP 00193305 1/29/2003 WEST VALLEYMRF LLC 195.03 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 243.87 AP - 00193305 1/29/2003 WEST VALLEY MRF LLC 181.83 AP- 00193305 1/29/2003 WEST VALLEY MRF LLC 152.79 AP - 00193306 1/29/2003 WHITE CAP 193.90 AP- 00193307 1/29/2003 XEROX CORPORATION 12,730.62 AP- 00193308 1/29/2003 YEE, LARRY 92.00 AP - 00193309 1/30/2003 CALTAC 216.00 AP- 00193310 1/30/2003 CALTAC 117.00 AP - 00193311 2/3/2003 QUAKES COMMUNITY FOUNDATION 80.00 AP - 00193311 2/3/2003 QUAKES COMMUNITY FOUNDATION 40.00 AP - 00193312 2/4/2003 CITY OF RANCHO CUCAMONGA 579.00 AP - 00193313 2/4/2003 STATE WATER RESOURCE BOARD 2,250.00 AP - 00193315 2/5/2003 ABLAC 16.39 AP - 00193316 2/5/2003 ADAMSON, RONALD 1,280.00 AP - 00193317 2/5/2003 ADT SECURITY SERVICES INC 297.51 AP - 00193319 2/5/2003 AIR CONTROLLED ENVIRONMENTS 3,485.92 User: ahunsber - Ann Hunsberger Page: 12 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 l£ CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193320 2/5/2003 AMERICAN PACIFIC HOMES INC 3,750.00 AP - 00193321 2/5/2003 AMERICAN PLANNING ASSOCIATION 437.00 AP - 00193322 2/5/2003 AMETHYST ESTATES LLC 116.75 AP - 00193323 2/5/2003 ARCHITERRA DESIGN GROUP 1,404.00 AP - 00193323 2/5/2003 ARCHITERRA DESIGN GROUP 45.00 AP - 00193325 2/5/2003 BERNELL HYDRAULICS INC 748.78 AP - 00193327 2/5/2003 BRANDMAN ASSOCIATES INC, MICHAEL 11,159.60 AP - 00193331 2/5/2003 BRODART BOOKS 1,121.79 AP - 00193331 2/5/2003 BRODART BOOKS 27.59 AP - 00193331 2/5/2003 BRODART BOOKS 20.69 AP- 00193331 2/5/2003 BRODART BOOKS 135.10 AP - 00193331 2/5/2003 BRODART BOOKS 29.20 AP - 00193331 2/5/2003 BRODART BOOKS 56.51 AP - 00193331 2/5/2003 BRODART BOOKS 14.50 AP - 00193331 2/5/2003 BRODART BOOKS 15.50 AP - 00193331 2/5/2003 BRODART BOOKS 19.38 AP - 00193331 2/5/2003 BRODART BOOKS 34.61 AP - 00193331 2/5/2003 BI~,ODART BOOKS 18.39 AP - 00193331 2/5/2003 BRODART BOOKS 12.61 AP - 00193331 2/5/2003 BRODART BOOKS 36.37 AP - 00193331 2/5/2003 BRODART BOOKS 19.38 AP - 00193331 2/5/2003 BRODART BOOKS 56.84 AP - 00193331 2/5/2003 BRODART BOOKS 38.79 AP - 00193331 2/5/2003 BRODART BOOKS 6.45 AP - 00193331 2/5/2003 BRODART BOOKS 15.35 AP - 00193331 2/5/2003 BRODART BOOKS 56.07 AP - 00193331 2/5/2003 BRODART BOOKS 123.79 AP - 00193331 2/5/2003 BRODART BOOKS 8.09 AP - 00193331 2/5/2003 BRODART BOOKS 77.80 AP - 00193331 2/5/2003 BRODART BOOKS 152.05 AP - 00193331 2/5/2003 BRODART BOOKS 15.35 AP - 00193331 2/5/2003 BRODART BOOKS 180.45 AP - 00193331 2/5/2003 BRODART BOOKS 149.27 AP - 00193331 2/5/2003 BRODART BOOKS 9.65 AP - 00193331 2/5/2003 BRODART BOOKS 49.33 AP - 00193331 2/5/2003 BRODART BOOKS 29.08 AP - 00193331 2/5/2003 BRODART BOOKS 5.78 AP - 00193331 2/5/2003 BRODART BOOKS 12.60 AP - 00193331 2/5/2003 BRODART BOOKS 21.33 AP - 00193331 2/5/2003 BRODART BOOKS 42.31 AP - 00193331 2/5/2003 BRODART BOOKS 108.98 AP - 00193331 2/5/2003 BRODART BOOKS 56.19 AP - 00193331 2/5/2003 BRODART BOOKS 29.42 AP 00193331 2/5/2003 BRODART BOOKS 18.40 AP 00193331 2/5/2003 BRODART BOOKS 45.37 AP 00193331 2/5/2003 BRODART BOOKS 91.38 AP 00193331 2/5/2003 BRODART BOOKS 31.15 AP 00193331 2/5/2003 BRODART BOOKS 15.32 AP 00193331 2/5/2003 BRODART BOOKS 15.32 AP 00193331 2/5/2003 BRODART BOOKS 363.79 AP 00193331 2/5/2003 BRODART BOOKS 29.42 AP 00193331 2/5/2003 BRODART BOOKS 67.15 AP - 00193331 2/5/2003 BRODART BOOKS 43.10 AP - 00193331 2/5/2003 BRODART BOOKS 15.32 User: ahunsber - Ann Hunsberger Page: 13 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 th_rough 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193331 2/5/2003 BRODART BOOKS 15.47 AP - 00193331 2/5/2003 BRODART BOOKS 77.60 AP - 00193331 2/5/2003 BRODART BOOKS 14.75 AP - 00193331 2/5/2003 BRODART BOOKS 59.93 AP - 00193331 2/5/2003 BRODART BOOKS 18.42 AP - 00193331 2/5/2003 BRODART BOOKS 26.36 AP - 00193331 2/5/2003 BRODART BOOKS t5.32 AP - 00193331 2/5/2003 BRODART BOOKS 29.05 AP - 00193331 2/5/2003 BRODART BOOKS 117.90 AP - 00193331 2/5/2003 BRODART BOOKS 15.32 AP - 00193331 2/5/2003 BRODART BOOKS 92.37 AP - 00193331 2/5/2003 BRODART BOOKS 62.04 AP - 00193331 2/5/2003 BRODART BOOKS 29.05 AP - 00193331 2/5/2003 BRODART BOOKS 14.75 AP - 00193331 2/5/2003 BRODART BOOKS 14.71 AP - 00193331 2/5/2003 BRODART BOOKS 57.31 AP - 00193331 2/5/2003 BRODART BOOKS 82.79 AP - 00193331 2/5/2003 BRODART BOOKS 16.44 AP - 00193331 2/5/2003 BRODART BOOKS 14.75 AP - 00193331 2/5/2003 BRODART BOOKS 15.97 AP - 00193331 2/5/2003 BRODART BOOKS 15.93 AP - 00193331 2/5/2003 BRODART BOOKS 268.50 AP - 00193331 2/5/2003 BRODART BOOKS 15.47 AP - 00193331 2/5/2003 BRODART BOOKS 51.35 AP - 00193331 2/5/2003 BRODART BOOKS 155.05 AP - 00193331 2/5/2003 BRODART BOOKS 15.32 AP - 00193331 2/5/2003 BRODART BOOKS 31.26 AP - 00193331 2/5/2003 BRODART BOOKS 53.79 AP - 00193331 2/5/2003 BRODART BOOKS 14.50 AP - 00193331 2/5/2003 BRODART BOOKS 16.55 AP - 00193331 2/5/2003 BRODART BOOKS 17.41 AP - 00193331 2/5/2003 BRODART BOOKS 71.76 AP - 00193331 2/5/2003 BRODART BOOKS 9.65 AP - 00193331 2/5/2003 BRODART BOOKS 19.35 AP - 00193331 2/5/2003 BRODART BOOKS 29.05 AP - 00193331 2/5/2003 BRODART BOOKS 6.43 AP 00193331 2/5/2003 BRODART BOOKS 24.25 AP 00193331 2/5/2003 BRODART BOOKS 15.93 AP 00193331 2/5/2003 BRODART BOOKS 30.64 AP 00193331 2/5/2003 BRODART BOOKS 14.53 AP 00193331 2/5/2003 BRODART BOOKS 16.44 AP 00193331 2/5/2003 BRODART BOOKS 33.95 AP 00193331 2/5/2003 BRODART BOOKS 31.26 AP - 00193331 2/5/2003 BRODART BOOKS 24.25 AP - 00193331 2/5/2003 BRODART BOOKS 9.66 AP - 00193331 2/5/2003 BRODART BOOKS 73.32 AP - 00193331 2/5/2003 BRODART BOOKS 16.55 AP - 00193331 2/5/2003 BRODART BOOKS 39.93 AP - 00193331 2/5/2003 BRODART BOOKS 118.79 AP - 00193331 2/5/2003 BRODART BOOKS 15.96 AP ~ 00193331 2/5/2003 BRODART BOOKS 24.25 AP - 00193331 2/5/2003 BRODART BOOKS 24.25 AP - 00193331 2/5/2003 BRODART BOOKS 43.10 AP - 00193331 2/5/2003 BRODART BOOKS 12.89 User: ahunsber - Ann Hunsberger Page: 14 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Porlrait Layout Time: 14:44:4 /¥ CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. .Check Date Vendor Name Amount AP - 00193331 2/5/2003 BRODART BOOKS 74.18 AP - 00193331 2/5/2003 BRODART BOOKS 24.23 AP - 00193331 2/5/2003 BRODART BOOKS 38.71 AP - 00193331 2/5/2003 BRODART BOOKS 14.53 AP - 00193331 2/5/2003 BRODART BOOKS 8.68 AP - 00193331 2/5/2003 BRODART BOOKS 34.86 AP - 00193331 2/5/2003 BRODART BOOKS 14.50 AP - 00193331 2/5/2003 BRODART BOOKS 19.35 AP - 00193331 2/5/2003 BRODART BOOKS 83.99 AP - 00193331 2/5/2003 BRODART BOOKS 58.19 AP - 00193331 2/5/2003 BRODART BOOKS 99.09 AP - 00193331 2/5/2003 BRODART BOOKS 270.04 AP - 00193331 2/5/2003 BRODART BOOKS 101.96 AP - 00193331 2/5/2003 BRODART BOOKS 15.47 AP - 00193331 2/5/2003 BRODART BOOKS 15.47 AP - 00193331 2/5/2003 BRODART BOOKS 21.33 AP - 00193331 2/5/2003 BRODART BOOKS 21.30 AP- 00193331 2/5/2003 BRODART BOOKS 15.93 AP - 00193331 2/5/2003 BRODART BOOKS 163.31 AP - 00193331 2/5/2003 BRODART BOOKS 19.40 AP - 00193331 2/5/2003 BRODART BOOKS 71.90 AP - 00193331 2/5/2003 BRODART BOOKS 19.78 AP - 00193331 2/5/2003 BRODART BOOKS 101.20 AP - 00193331 2/5/2003 BRODART BOOKS 24.11 AP - 00193331 2/5/2003 BRODART BOOKS 586.31 AP - 00193332 2/5/2003 BUBALO CONSTRUCTION CO INC, MIKE 14,575.00 AP - 00193334 2/5/2003 CALBO 275.00 AP - 00193335 2/5/2003 CALIFORNIA FENCE AND SUPPLY 28,629.45 AP - 00193336 2/5/2003 CALIFORNIA MUNICIPAL TREASURERS ASSOC 145.00 AP - 00193336 2/5/2003 CALIFORNIA MUNICIPAL TREASURERS ASSOC 25.00 AP - 00193336 2/5/2003 CALIFORNIA MUNICIPAL TREASURERS ASSOC 25.00 AP 00193337 2/5/2003 CALSENSE 177.64 AP 00193337 2/5/2003 CALSENSE 1,910.71 AP 00193337 2/5/2003 CALSENSE -16.15 AP 00193338 2/5/2003 CASAS, AUDREY 124.92 AP 00193339 2/5/2003 CHAFFEY JOINT UNION HS DISTRICT 1,000.00 AP 00193341 2/5/2003 CITY RENTALS 47.45 AP 00193341 2/5/2003 CITY RENTALS -10.78 AP - 00193342 2/5/2003 CLABBY, SANDRA 1,000.00 AP - 00193343 2/5/2003 CLAYTON GROUP SERVICES 1NC 2,398.50 AP - 00193344 2/5/2003 COASTAL BUILDING SERVICES INC 15,773.00 AP - 00193345 2/5/2003 COLLISION AND INJURY DYNAMICS INC. 678.75 AP - 00193347 2/5/2003 COPP CRUSHING COP, P, DAN 20.00 AP - 00193348 2/5/2003 CPSRPTC 269.00 AP - 00193348 2/5/2003 CPSRPTC 323.00 AP - 00193348 2/5/2003 CPSKPTC 353.00 AP - 00193349 2/5/2003 CRRA 131.00 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 70.26 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 55.20 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 194.01 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 231.09 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 895.88 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 288.77 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 588.95 User: ahunsber - Ann Hunsberger Page: 15 Current Date: 02/12/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Pom'ait Layout Time: 14:44:4 /5 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. .Check Date Vendor Name Amount AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 396.92 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 459.75 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 55.20 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 206.8 l AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 413.75 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 62.36 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 71.29 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 655.55 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 256.48 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 184.25 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 76.60 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 76.60 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 314.49 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 693.56 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 752.24 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 220.43 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 752.24 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 180.45 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 235.21 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 1,170.94 AP- 00193351 2/5/2003 CUCAMONGA CO WATER DIST 2,108.78 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 143.88 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 138.39 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 1,788.89 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 224.91 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 135.97 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 97.86 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 108.16 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 37.44 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 41.42 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 108.52 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 117.79 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 37.30 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 117.79 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 81.59 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 33.18 AP - 00193351 2/5/2003 CUCAMONGA CO WATER DIST 138.73 AP 00193351 2/5/2003 CUCAMONGA CO WATERDIST 269.20 AP 00193351 2/5/2003 CUCAMONGA CO WATER DIST 138.39 AP 00193351 2/5/2003 CUCAMONGA CO WATER DIST 164.14 AP 00193351 2/5/2003 CUCAMONGA CO WATER DIST 78.29 AP 00193351 2/5/2003 CUCAMONGA CO WATER DIST 606.22 AP 00193352 2/5/2003 CUCAMONGA CONSTRUCTION CONSULTANTS 449.50 AP 00193352 2/5/2003 CUCAMONGA CONSTRUCTION CONSULTANTS 513.00 AP 00193353 2/5/2003 D 7 CONSULTING INC 580.00 AP - 00193354 2/5/2003 D AND K CONCRETE COMPANY 526.90 AP - 00193355 2/5/2003 DALTON CORPORATION, R M 1,000.00 AP - 00193356 2/5/2003 DAN GUERRA AND ASSOCIATES 23,857.50 AP - 00193357 2/5/2003 HANN, DARRYL 1,000.00 AP - 00193358 2/5/2003 DAWSON, MICHELLE 35.00 AP - 00193358 2/5/2003 DAWSON, MICHELLE 8.19 AP - 00193358 2/5/2003 DAWSON, MICHELLE 68.00 User: ahunsber - Ann Hunsberger Page: 16 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193358 2/5/2003 DAWSON, MICHELLE 12.00 AP - 00193359 2/5/2003 DE LA ROSA, REBECA 62.00 AP - 00193360 2/5/2003 DE LEISE, JENAE 519.24 AP - 00193361 2/5/2003 DELOITTE AND TOUCHE 18,950.00 AP - 00193362 2/5/2003 DELTA DENTAL 31,378.50 AP - 00193363 2/5/2003 DUNLAP AND ASSOCIATES VAIL 193.40 AP - 00193364 2/5/2003 E R CHAPMAN CONSTRUCTION 1NC 1,000.00 AP - 00193365 2/5/2003 EAGLE CONSTRUCTION 45.00 AP - 00193367 2/5/2003 ETIWANDA SCHOOL DISTRICT 1,540.00 AP - 00193367 2/5/2003 ETIWANDA SCHOOL DISTRICT 770.00 AP - 00193368 2/5/2003 EWlNG IRRIGATION PRODUCTS 57.26 AP - 00193368 2/5/2003 EWING IRRIGATION PRODUCTS 221.23 AP - 00193369 2/5/2003 EXPERIAN 54.00 AP - 00193370 2/5/2003 FAITHCO ELECTROC 1,000.00 AP - 00193371 2/5/2003 FAUST PR1NT1NG [NC 4,291.68 AP - 00193372 2/5/2003 FEDERAL EXPRESS CORP 15.94 AP - 00193372 2/5/2003 FEDERAL EXPRESS CORP 28.32 AP - 00193372 2/5/2003 FEDERAL EXPRESS CORP 31.80 AP - 00193372 2/5/2003 FEDERAL EXPRESS CORP 20.30 AP - 00193372 2/5/2003 FEDERAL EXPRESS CORP 28.32 AP - 00193372 2/5/2003 FEDERAL EXPRESS CORP 17.78 AP - 00193373 2/5/2003 FIELDS COMPRESSHENSIVE YOUTH SERVICES 62.00 AP - 00193374 2/5/2003 FILARSKY AND WATT 3,999.27 AP - 00193375 2/5/2003 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00193375 2/5/2003 FINESSE PERSONNEL ASSOCIATES 396.00 AP - 00193375 2/5/2003 FINESSE PERSONNEL ASSOCIATES 736.00 AP - 00193376 2/5/2003 FUKUSHIMA, JUDITH 1,305.00 AP - 00193377 2/5/2003 GADABOUT TOURS INC 400.00 AP - 00193377 2/5/2003 GADABOUT TOURS INC 896.40 AP - 00193377 2/5/2003 GADABOUT TOURS INC 696.40 AP - 00193379 2/5/2003 GEOGRAPHICS 796.80 AP - 00193379 2/5/2003 GEOGRAPHICS 155.16 AP - 00193379 2/5/2003 GEOGRAPHICS 165.46 AP - 00193379 2/5/2003 GEOGRAPHICS 439.62 AP - 00193380 2/5/2003 GOLDEN WEST DISTRIBUTING 44.10 AP - 00193383 2/5/2003 H AND L CHARTER CO. INC. 395.00 AP - 00193384 2/5/2003 HARRIS, ALVIN JR. 32.00 AP 00193385 2/5/2003 HAWKINS, DEBBIE 88.00 AP 00193387 2/5/2003 HILLSIDE COMMUNITY CHURCH 1,000.00 AP 00193387 2/5/2003 HILLSIDE COMMUNITY CHURCH 1,000.00 AP 00193388 2/5/2003 HIRSCH AND ASSOCIATES 1,550.00 AP 00193389 2/5/2003 HOCKWALD, CLARK 70.00 AP 00193390 2/5/2003 HOLLIDAY ROCK CO [NC 44.23 AP - 00193391 2/5/2003 HOOPER, ALISON 750.00 AP - 00193392 2/5/2003 HOPKINS, LORI 330.00 AP - 00193393 2/5/2003 HOSE MAN [NC 27.80 AP - 00193395 2/5/2003 HOYT LUMBER CO., SM 18.29 AP - 00193396 2/5/2003 IAEI 40.10 AP - 00193397 2/5/2003 IEMA 25.00 AP - 00193398 2/5/2003 INLAND EMPIRE UTILITIES AGENCY 180.00 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 118.00 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 35.70 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 172.80 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 95.30 User: ahunsber - Ann Hunsberger Page: 17 Current Date: 02/12/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Por~'ait Layout Time: 14:44:4 /7 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 thxough 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 2,645.00 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 76.50 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 59.60 AP - 00193399 2/5/2003 INLAND INDUSTRIAL MEDICAL GROUP 35.70 AP - 00193401 2/5/2003 INTERACTIVE DATA CORPORATION 82.43 AP - 00193402 2/5/2003 INTERNATIONAL FIRE CODE INSTITUTE 60.00 AP - 00193403 2/5/2003 IRWA CHAPTER 67 50.00 AP - 00193404 2/5/2003 JACOBSEN DIVISION OF TEXTRON INC 97.85 AP - 00193404 2/5/2003 JACOBSEN DIVISION OF TEXTRON INC 65.67 AP - 00193405 2/5/2003 JIMENEZ, BILLE JO 21.00 AP - 00193406 2/5/2003 KB HOME 417.92 AP - 00193407 2/5/2003 KB HOME 300,000.00 AP - 00193409 2/5/2003 KURTH, DONALD 39.00 AP - 00193410 2/5/2003 LACROIX, MICHELLE 16.79 AP - 00193410 2/5/2003 LACROIX, MICHELLE 11.52 AP - 00193412 2/5/2003 LEFF, ROY A 35.00 AP - 00193413 2/5/2003 LERN 295.00 AP - 00193414 2/5/2003 LEWIS AND LEWIS 8,403.04 AP - 00193415 2/5/2003 LEWIS OPERATING CORP 2,500.00 AP - 00193416 2/5/2003 LEXIS NEXIS MATTHEW BENDER 63.20 AP - 00193418 2/5/2003 LONG, ADAM 400.00 AP - 00193419 2/5/2003 LOS ANGELES TIMES 78.16 AP - 00193420 2/5/2003 LOWE'S COMPANIES 1NC. 25.77 AP - 00193420 2/5/2003 LOWE'S COMPANIES INC. 16.08 AP - 00193420 2/5/2003 LOWE'S COMPANIES INC. 107.48 AP - 00193420 2/5/2003 LOWE'S COMPANIES INC. 76.87 AP 00193421 2/5/2003 LU'S LIGHTHOUSE INC 114.43 AP 00193423 2/5/2003 MARSHALL PLUMBING 77.00 AP 00193423 2/5/2003 MARSHALL PLUMBING 221.00 AP 00193423 2/5/2003 MARSHALL PLUMBING 389.00 AP 00193424 2/5/2003 MASI COMMERCE CENTER PARTNERS 1,000.00 AP 00193425 2/5/2003 MASTER DEVELOPMENT CORPORATION 1,000.00 AP 00193427 2/5/2003 MILLIKEN, KEELY )' 1,200.00 AP - 00193428 2/5/2003 MITY LITE 739.12 AP - 00193429 2/5/2003 MOBILE MINI INC 130.38 AP - 00193429 2/5/2003 MOBILE MINI INC 131.46 AP - 00193431 2/5/2003 MT BALDY UNITED WAY 51.00 AP - 00193432 2/5/2003 MULBERRY EARLY LEARNING 200.00 AP - 00193432 2/5/2003 MULBERRY EARLY LEARNING 100.00 AP - 00193433 2/5/2003 MURRAY, YVETTE 67.00 AP - 00193434 2/5/2003 NAPA AUTO PARTS 155.35 AP - 00193434 2/5/2003 NAPA AUTO PARTS 75.52 AP - 00193434 2/5/2003 NAPA AUTO PARTS 27.73 AP - 00193434 2/5/2003 NAPA AUTO PARTS 30.77 AP - 00193434 2/5/2003 NAPA AUTO PARTS -22.28 AP - 00193434 2/5/2003 NAPA AUTO PARTS 14.58 AP - 00193434 2/5/2003 NAPA AUTO PARTS 317.86 AP - 00193434 2/5/2003 NAPA AUTO PARTS 256.45 AP - 00193434 2/5/2003 NAPA AUTO PARTS 5.86 AP - 00193435 2/5/2003 NATIONAL DEFERRED 8,367.08 AP - 00193436 2/5/2003 NEW WEST SIGNAL 2,072.11 AP - 00193436 2/5/2003 NEW WEST SIGNAL 18,649.02 AP - 00193437 2/5/2003 NEWPORT PRINTING SYSTEMS 93.48 AP - 00193437 2/5/2003 NEWPORT PRINTING SYSTEMS 93.48 User: ahunsber - Ann Hnnsberger Page: 18 Current Date: 02/12/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 /g CITY OF RANCHO CUCAMONGA Al~enda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193439 2/5/2003 NIKPOUR, MOHAMMED 130.00 AP - 00193440 2/5/2003 NIXON EGLI EQUIPMENT CO 440.38 AP - 00193441 2/5/2003 NJUGUNA, SAMMY 70.00 AP - 00193442 2/5/2003 NORRIS REPKE INC 11,585.00 AP - 00193443 2/5/2003 NOVELTY PRINTING 3,162.46 AP - 00193443 2/5/2003 NOVELTY PRINTING 52.29 AP - 00193444 2/5/2003 O C B REPROGRAPHICS INC 28.55 AP - 00193445 2/5/2003 OFFICE DEPOT 58.70 AP - 00193445 2/5/2003 OFFICE DEPOT 18.11 AP - 00193445 2/5/2003 OFFICE DEPOT 66.47 AP - 00193445 2/5/2003 OFFICE DEPOT 804.63 AP - 00193445 2/5/2003 OFFICE DEPOT 147.94 AP - 00193445 2/5/2003 OFFICE DEPOT 27.02 AP - 00193445 2/5/2003 OFFICE DEPOT 54.66 AP - 00193445 2/5/2003 OFFICE DEPOT 34.00 AP - 00193445 2/5/2003 OFFICE DEPOT -20.26 AP - 00193445 2/5/2003 OFFICE DEPOT 20.42 AP - 00193445 2/5/2003 OFFICE DEPOT 57.16 AP - 00193445 2/5/2003 OFFICE DEPOT 24.43 AP - 00193445 2/5/2003 OFFICE DEPOT -2.35 AP - 00193445 2/5/2003 OFFICE DEPOT 51.85 AP - 00193445 2/5/2003 OFFICE DEPOT 77.21 AP - 00193445 2/5/2003 OFFICE DEPOT 2.59 AP - 00193445 2/5/2003 OFFICE DEPOT 18.43 AP - 00193445 2/5/2003 OFFICE DEPOT 433.80 AP - 00193446 2/5/2003 OFFICE MAX 77.22 AP - 00193446 2/5/2003 OFFICE MAX 16.13 AP - 00193448 2/5/2003 PAPPA, WILLIAM 67.00 AP - 00193449 2/5/2003 PARSAC 41,328.36 AP - 00193450 2/5/2003 PATTON SALES CORP 38.22 AP - 00193451 2/5/2003 POMA DISTRIBUTING CO 1,684.40 AP - 00193451 2/5/2003 POMA DISTRIBUTING CO 1,856.16 AP - 00193452 2/5/2003 PORTIA, KENNARD 48.00 AP - 00193453 2/5/2003 POURHASSANIAN, ABBY 130.00 AP 00193455 2/5/2003 PSOMAS 5,520.00 AP 00193455 2/5/2003 PSOMAS 4,635.00 AP 00193456 2/5/2003 PULVER, MARCELLA 62.00 AP 00193458 2/5/2003 RANCHO 2002 LLC 10.12 AP 00193459 2/5/2003 RANCHO CUCAMONGA CHAMBER OF COMMEI 60.00 AP 00193459 2/5/2003 RANCHO CUCAMONGA CHAMBER OF COMME] 20.00 AP - 00193460 2/5/2003 RANCHO CUCAMONGA LIBRARY FOLrNDATIO~ 20.00 AP - 00193461 2/5/2003 RCPFA 4,101.68 AP - 00193462 2/5/2003 RD ENGINEERING & CONSTRUCTION 1,000.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 6,000.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 4,258.50 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 124.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 7,775.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 129.75 AP - 00193463 2/5/2003 R/CHARDS WATSON AND GERSHON 15.50 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 2,290.73 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 26.00 AP - 00193463 2/5/2003 R/CHARDS WATSON AND GERSHON 88.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 647.13 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 1,144.50 User: ahunsber - Ann Hnnsberger Page: 19 Current Date: 02/12/200 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP ~ 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 285.77 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 440.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 15.50 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 2,949.84 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 6,240.89 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 31.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 140.50 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 125.00 AP - 00193463 2/5/2003 RICHARDS WATSON AND GERSHON 312.25 AP - 00193464 2/5/2003 RIVERSIDE BLUEPRINT 20.69 AP - 00193465 2/5/2003 RODES, LAURA 62.00 AP - 00193466 2/5/2003 RODRIGUEZ, JOLIVETTE 34.00 AP - 00193467 2/5/2003 ROMERO, SUSAN 2,502.00 AP - 00193468 2/5/2003 ROYAL WHOLESALE ELECTRIC 17.40 AP - 00193469 2/5/2003 RP WAGES INC 1,000.00 AP - 00193470 2/5/2003 SAATHOFF, JOHN 72.00 AP - 00193471 2/5/2003 SAFETY FIRST 400.00 AP - 00193472 2/5/2003 SALCEDO, BEVERLY 48.00 AP - 00193473 2/5/2003 SAN BERN COUNTY SHERIFFS 149.87 AP - 00193476 2/5/2003 SMART AND FINAL 10.49 AP - 00193478 2/5/2003 SOUTHERN CALIFORNIA EDISON 8,374.13 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON. 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 107.65 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.69 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 20.09 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 19.41 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 19.37 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 26.46 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 28.87 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 28.20 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 28.65 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 30.21 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 15.07 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 16.97 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 27.98 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 29.09 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 27.34 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 42.36 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 12.86 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 124.84 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 28.35 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 16I .25 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 81.59 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 630.05 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 690.45 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.84 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 181.25 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 301.64 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 424.09 User: ahunsber - Ann Hunsberger Page: 20 Current Date: 02/12/200 Report:CK_AGENDA_ILEG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Yendor Name Amount AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 248.71 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.69 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 57.64 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 68,901.84 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 4,747.57 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 15,115.74 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 163.04 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 290.39 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 1,533.58 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 372.86 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 792.42 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 654.69 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 313.07 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 186.48 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 294.19 AP - 00193481 2/5/2003 SOUTHERN CALIFORaNIA EDISON 295.89 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 132.63 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 263.22 AP - 00193481 2/5/2003 SOUTHERN CALIFOKNlA EDISON 262.62 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON ' 29.14 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 882.71 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 21.76 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 100.38 AP - 00193481 2/5/2003 SOUTHERN CALIFOKNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 22.86 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 30.27 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 15.64 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 19.56 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFOKNIA EDISON 111.72 AP - 00193481 2/5/2003 SOUTTIERN CALIFORNIA EDISON 89.06 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 27.83 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.39 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 27.34 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 175.12 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 20.08 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 19.40 AP 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 19.36 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 103.25 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 40.67 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 174.23 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 243.91 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 130.70 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 47.85 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 154.89 User: ahunsber - Ann Hunsberger Page: 21 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 21 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 240.10 AP - 00193481 2/5/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00193482 2/5/2003 STANDARD INSURANCE COMPANY 331.11 AP - 00193483 2/5/2003 STATE NET 275.00 AP - 00193484 2/5/2003 STERLING COFFEE SERVICE 427.38 AP - 00193484 2/5/2003 STERLING COFFEE SERVICE 48.12 AP - 00193485 2/5/2003 STETKEVICH, OREST 40.00 AP - 00193487 2/5/2003 SUNSHINE WINDOWS 7,250.00 AP - 00193488 2/5/2003 SVETLANA, GORELOVA 20.00 AP - 00193489 2/5/2003 TARGET SPECIALTY PRODUCTS 754.34 AP - 00193489 2/5/2003 TARGET SPECIALTY PRODUCTS 465.65 AP - 00193490 2/5/2003 TARGET 90.05 AP - 00193491 2/5/2003 TEIXEIRA, LESLIE 6.00 AP - 00193493 2/5/2003 THOMSEN LANDSCAPE -27,918.50 AP - 00193493 2/5/2003 THOMSEN LANDSCAPE 120,973.51 AP - 00193494 2/5/2003 THREE D SERVICE COMPANY INC 59.33 AP - 00193495 2/5/2003 TOBIN CONSTRUCTION 162.00 AP - 00193496 2/5/2003 TORO COMPANY 225.00 AP - 00193497 2/5/2003 TRUGREEN LANDCARE REGIONAL 3,366.00 AP - 00193497 2/5/2003 TRUGREEN LANDCARE REGIONAL 2,280.00 AP - 00193497 2/5/2003 TRUGREEN LANDCARE REGIONAL 2,145.00 AP - 00193497 2/5/2003 TRUGREEN LANDCARE REGIONAL 1,120.00 AP - 00193497 2/5/2003 TRUGREEN LANDCARE REGIONAL 9,096.00 AP - 00193497 2/5/2003 TRUGREEN LANDCARE REGIONAL 2,280.00 AP - 00193498 2/5/2003 UMPS ARE US ASSOCIATION 240.00 AP - 00193498 2/5/2003 UMPS ARE US ASSOCIATION 2,668.00 AP - 00193500 2/5/2003 UNION BANK OF CALIFORNIA 14,352.40 AP - 00193502 2/5/2003 UNION BANK OF CALIFORNIA TRUSTEE FOR PJ 47,249.08 AP - 00193503 2/5/2003 UNIQUE CREATIONS 36.29 AP - 00193504 2/5/2003 VELASQUEZ, CARLOS 70.00 AP - 00l 93505 2/5/2003 VEND U VENDING 55.76 AP - 00193506 2/5/2003 VERIZON 29.62 AP - 00193506 2/5/2003 VERIZON 32.36 AP - 00193506 2/5/2003 VERIZON 22.86 AP - 00193506 2/5/2003 VERIZON 27.43 AP - 00193506 2/5/2003 VERIZON 189.30 AP - 00193506 2/5/2003 VERIZON 29.11 AP - 00193506 2/5/2003 VERIZON 27.43 AP - 00193507 2/5/2003 VIGILANCE, TERRENCE 600.00 AP - 00193508 2/5/2003 VISION SERVICE PLAN CA 6,895.89 AP - 00193509 2/5/2003 WALTERS WHOLESALE ELECTRIC CO 15.69 AP - 00193511 2/5/2003 WAXIE 580.84 AP - 00193511 2/5/2003 WAXIE 445.80 AP - 00193511 2/5/2003 WAXIE 523.83 AP 00193511 2/5/2003 WAXIE 234.77 AP 00193511 2/5/2003 WAXIE 494.29 AP 00193511 2/5/2003 WAXIE 154.89 AP 00193511 2/5/2003 WAXIE 21.33 AP 00193511 2/5/2003 WAXIE 512.55 AP 00193511 2/5/2003 WAXIE 164.32 AP 00193511 2/5/2003 WAXIE 54.99 AP - 00193512 2/5/2003 WESTERN HIGHWAY PRODUCTS 1NC 496.18 AP - 00193514 2/5/2003 WILLDAN ASSOCIATES 37,080.00 AP - 00193515 2/5/2003 WILLIAMS, DIANE 17.50 User: ahunsber - Ama Hunsberger Page: 22 Current Date: 02/12/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2003 through 2/10/2003 Check No. Check Date Vendor Name Amount AP - 00193516 2/5/2003 WRIGHT, VICTORIA 45.00 AP - 00193517 2/5/2003 XEROX CORPORATION 72.89 AP - 00193518 2/5/2003 YEAGER CONSTRUCTION COMPANY INC, E L 129,171.60 AP - 00193519 2/5/2003 YEE, LARRY 50.00 AP - 00193520 2/5/2003 ZWISSLER, JAMES 75.00 AP - 00193521 2/5/2003 SOUTHERN CALIFORNIA EDISON 4,428.02 AP - 00193522 2/5/2003 CPSRPTC 269.00 AP - 00193523 2/5/2003 CPSRPTC 323.00 AP - 00193524 2/5/2003 CPSRPTC 353.00 AP - 00193527 2/10/2003 CITY OF RANCHO CUCAMONGA 575.00 AP- 00193528 2/10/2003 DOOR HARDWARE SERVICES 1,068.14 AP- 00193528 2/10/2003 DOOR HARDWARE SERVICES 952.42 AP- 00193528 2/10/2003 DOOR HARDWARE SERVICES 3,394.65 AP - 00193528 2/10/2003 DOOR HARDWARE SERVICES 1,865.13 Total for Check ID AP: 3,020,618.62 Total for Entity: 3,020,618.62 User: ahunsber - Ann Hunsberger Page: 23 Current Date: 02/12/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:44:4 City of Rancho Cucamonga City of Rancho Cucamonga Portfolio Management Portfolio Summary January 31, 2003 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Local Agency Investment Funds 36,275,925.37 36,275,925.37 36,275,925.37 23.75 t 1 2.074 2.103 Certificates of Deposit/Neg. - Bank 1,515,000.00 1,519,266.54 1,515,000.00 0.99 365 207 1.720 1.744 Federal Agency Issues - Coupon 101,000,000.00 102,093,802.8~ 100,958,411.25 66.10 1,573 1,257 4322 4,382 Federal Agency Issues - Discount 14.000,000,00 13,997,20047 13,985,978.89 9.16 29 8 1.232 1.249 Investments 152,790,925.37 153,886,195.26 152,735,315.51 100.00°/o 1,046 834 3.479 3.528 Cash and Accrued Interest Passbook/Checking 312,453.96 312,453.96 312,453.96 I I 0.493 0.500 (not included in yield calculations) Accrued Interest at Pumhase 1,805,56 1,805.56 Subtotal 314,259.52 314,259.52 Total Cash and Investments 153,103,379.33 154,200,454.78 153,049,575.03 1,046 834 3.479 3.528 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year 471,889.28 3,447,140.66 Average Daily Balance 153,123,866.10 149,654,097.63 Effective Rate of Return 3.63% 3.91% I certify that this report sccurately reflects all City pooled investments and is in comformity with the investment policy adopted November 21,2001. A copy of the investment policy is available in the Administrative Services Department. The Investment program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. The month-end market values were obtained from (IDC)-Interactive Data Corporation pricing service. The attached Summary of Cash and Investments with Fiscal Agents as of the prior month's end is provided under the City official Investment Policy. The provisions of the individual bond documents  Frost, Treas~rer Portfolio CITY CP Run Date: 02/C6/2003 - 17:15 PM (PRF_PM1) SyrnRept V6.21 City of Rancho Cucamonga Portfolio Management Page 2 Portfolio Details - Investments January 31,2003 A~erage Purchase Stated YTM Daysta Maturity CUSIP Investment # Issuer Balance Data Par Value Market value Book Value Rata Mood,s 360 Maturity Data Local Agency Investment Funds SYS00005 00005 LOCAL AGENCY INVST FUND 36,275,925.37 36,275,925.37 36,275,925.37 2.103 2.074 1 Subtotal and Average 38,926,579.09 36~75,925.37 36~75,925.37 36~75,925.37 2.074 1 Certificates of Deposit/Neg. - Bank 06050EM85 1145 BANK OF AMERICA 08/27/2002 1,515.000.00 1,519,266.54 1,515,000.00 1.720 1.720 207 08/27/2003 Subtbtal and Average 1,515,000.GO 1,515,000.00 1,519~a6.54 1,515,000.00 1.720 207 Commercial Paper - Discount Subtotal and Average 2,900,799.42 Federal Agency Issues - Coupon 3133MTDE5 1155 FEDERAL FARM CREDIT BANK 10/28/2002 1.500,000.00 1.504,687.50 1,500.000.00 3.300 3.255 1,000 10/28/2005 31331LM88 1127 FEDERAL FARM CREDIT BANK 05/07/2002 2,000,000.00 2,094,375.00 2,000,000.00 5.200 5.129 1,556 05/07/2007 31331LU30 1131 FEDERAL FARM CREDIT BANK 06/11/2002 2.000.000.00 2,001.875.00 1,998,000.00 5.180 5.132 1,591 0Wll/2007 31331QAH0 1146 FEDERAL FARM CREDIT BANK 09/04/2002 5.000,000.00 5,012,500.00 5,000,000.00 4.450 4.389 1,676 09/04/2007 31331QHL4 1160 FEDERAL FARM CREDIT BANK 11/06/2002 8,000.000.00 8,002,500.00 7,990,400.00 3.550 3.537 1,251 07/06/2006 31331QHR1 1161 FEDERAL FARM CREDIT BANK 11/07/2002 2,500.000.00 2,528,906.25 2,500,000.00 3.450 3.403 1,375 11/07/2006 31331QJV0 1170 FEDERAL FARM CREDIT BANK 11/27/2002 2,1300,000.00 2,009,375.00 2,000,000.00 3.250 3.206 1,304 08/28/2006 31331QQH3 1177 FEDERAL FARM CREDIT BANK 01/24/2003 5,000,000.00 5,031,250.00 5,000,000.00 3.200 3.156 1,269 07/24/2006 3133M6NE4 01035 FEDERAL HOME LOAN BANK 12/~8/1998 2.000,000.00 2,070,625.00 2,000,000.00 5.530 5.454 310 12/08/2003 3133M75D4 01038 FEDERAL HOME LOAN BANK 01/21/1999 1.000,000.00 1,039,687.50 1 ,(X}0.000.00 5.510 5.435 354 01/21/2004 3133M94J8 01050 FEDERAL HOME LOAN BANK 06/17/1999 3,000,000.00 3.180,937.50 2,984,531.25 6.230 6.265 502 06/17/2004 3133MFBP2 1103 FEDERAL HOME LOAN BANK 05/30~001 2,000.000.00 2,025,625.00 1,999,062.50 5.800 5.731 1j~14 05~0/2006 3133MF7E2 1105 FEDERAL HOME LOAN BANK 06/06/2001 2,000.000.00 2,026,875.00 2,000,000.00 5.750 5.671 1,221 0~/06/20~6 3133MTCW6 1162 FEDERAL HOME LOAN BANK 11/15/2002 2,000.000.00 2,011,875.00 2,000,000.00 3.670 3.621 1,291 08/15/2006 3133MV3K7 1179 FEDERAL HOME LOAN BANK 01/30/'2003 2,500,000.00 2,518,750.00 2,500,000.00 3.200 3.157 1,367 10/30/2006 31.33MV7A5 1180 FEDERAL HOME LOAN BANK 01/30/2003 3,000,000.00 3,020,625.00 2.997,187.50 3.180 3.164 1,367 10~0/2006 312923M05 1081 FEDERALHOME LOAN MORTG. CORP. (X3/20/2001 1,000,000.00 1,004,524.99 1.000,000.00 5.625 5.548 1,143 03/20/2006 312923SM8 10~6 FEDERAL HOME LOAN MORTG. CORP. 04/10/2001 4,000.000.00 4,025.411.99 4,000,000.00 5.510 5.435 1,164 04/10/2006 3129242D4 1119 FEDERAL HOME LOAN MORTG. CORP. 02/06/2002 3,000.000.00 3,000,878.91 3,00/~,000.00 4.750 4.685 1,101 02/06/2006 312925GT1 1122 FEDERAL HOME LOAN NIORTG. CORP. 04/18/2002 3,000,000.00 3,018.740.84 3,000,000.00 5.020 4.951 990 10/18/2005 3128XOGW3 1166 FEDERAL HOME LOAN MORTG. CORP. 11/21/2002 4,000,000.00 4,005,107.42 4,000,000.00 4.150 4.093 1,754 11/21/2007 3128X0JR1 1167 FEDERAL HOME LOAN MORTG. CORP. 11/26/2002 3.000,000.00 3,005,066.99 3,000,000.00 4.250 4.192 1,759 11/26/2007 3128XOMH9 1169 FEDERAL HOME LOAN MORTG. CORP. 11/27/2002 7,000,000.00 7,039,528.81 7.000,000.00 3.450 3.403 1,395 11/27/2006 3128X0VN6 1178 FEDERAL HOME LOAN MORTG. CORP. 01/2W2003 2,500.000.00 2,514,889.91 2,499,375.00 3.150 3.114 1,273 07/28/2006 31364FG96 01018 FEDERAL NATL MTG ASSN 05/19/1998 2,000.000.00 2,028.871.77 2,000,000.00 6.125 6.041 107 05/19/2003 Portfolio CiTY CP Run Date: 02/06t2003 - 17:15 PM (PRF_pM2) S~nRep~ V6.21 ~' Report Ver. 5.CO City of Rancho Cucamonga Portfolio Management Page 3 Portfolio Details - Investments January 31, 2003' Average Purchase Stated YTM Daysto Maturity CUSIP Investment ii Issuer Balance Data Par Value Market Value Book Value Rate Moody's 360 Maturity Date Federal Agency Issues - Coupon 3136FOAL6 1~85 FEDERAL NATL MTG ASSN 04/04/2001 4,000,000.00 4,152,500.00 3,994,375.00 5.300 5.259 1,152 03/29/2006 3136FOEW8 1092 FEDERAL NATL MTG ASSN 04/24/2001 3,000,000.00 3,022.500.00 2,997,000.00 5.510 5.457 1,171 04/17/2006 3136FOLU4 1101 FEDERAL NATL MTG ASSN 05/24/2001 2,000,000.00 2,100,000.00 2,000,000.00 5.710 5.632 1,208 05/24/2006 3136F1XU9 1123 FEDERAL NATL MTG ASSN 04/24/2002 4,000,000.00 4,028,750.00 4,000,000.00 5.000 4.932 996 10/24/2005 3136FIYT1 1125 FEDERAL NATL MTG ASSN 04/25/2002 2,000,000.00 2,014,375.00 2,000,~00.00 5.000 4.932 1,179 04/25/2006 3136F2RL4 1163 FEDERAL NATL MTG ASSN 11/19/2002 4,000,000.00 4,031,250.00 4,000,000.00 4.200 4.142 1,752 11/19/2007 3136F2UM8 1168 FEDERAL NATL MTG ASSN 11/~7/2002 5,000,000.00 5,007,812.50 5,000,000.00 3.550 3.501 1,395 11/27/2006 3136F2ZJ0 1175 FEDERAL NATL MTG ASSN 01/10/2003 2,000,000.00 2,013,125.~0 1,g98,480.00 3.250 3.225 1,245 06/30/2006 Subtotal and Average 99,088,973.51 101,000,000.00 102,093~02.88 100,958,411.25 4.322 1,257 Federal Agency issues - Discount 313384BP3 1173 FEDERAL HOME LOAN BANK 01/14/2003 5,000,000.CO 4,999,5(X).28 4,995,900.00 1.230 1.231 6 02/07/2003 31358~BU8 1172 FEDERAL NATL MTG ASSN 01/06/2003 7,000,000.C~ 6,997,900.0~ 6,991,078.89 1.240 1.242 11 02/12/2003 313588BP9 1176 FEDERAL NATL MTG ASSN 01/23/2003 2,000,000.CO 1,999,800.11 1,999,000.00 1.200 1.201 6 02~7/2003 Subtotal and Average 10,118,728.10 14,000,000.00 13,997~00.47 13,985,978.89 1.232 8 Total and A~rage 153,123,866.10 152,790,925.37 153,886,195~6 152,735,315.51 3.479 834 Portfolio CITY CP Run Date; 02~6~2C03 - 17:15 PM (PRF_PM2} SymRe~t V6+21 City of Rancho Cucamonga Portfolio Management Page 4 Portfolio Details - Cash January 31,2003 Savings/Miscellaneous Accounts Portfolio CITY CP  Date: ~ - 17:15 PM (PRF_PM2) SymRept V6.21 City of Rancho Cucamonga Portfolio Management Page 5 Activity By Type January 1, 2003 through January 31, 2003 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment # issuer Balance Rata Date o~ Delx~Es or Withdrawals Balance Local Agency Investment Funds (Monthly Summary) SYSOOO05 00005 LOCAL AGENCY INVST FUND 2.103 4,594,981.05 4,900,000.00 Subtotal 36,580,944.32 4,594,981.05 4,900,000.00 36,275,925.37 Savings/Miscellaneous Accounts (MonthlySummary) sYso0180 00180 RANK OF AMERICA 0.500 0.00 270,043.09 Subtotal 582,497.05 0.00 270,043.09 312,453.96 Certificates of Deposit/Neg. - Bank Subtotal 1,515,000.00 1,515,000.00 Commercial Paper - Discount 74838VNE0 1171 QUINCY CAPITAL 1.310 01/14/2003 0.00 4,997,452.78 8923E3N66 1165 TOYOTA k~)TOR CREDIT CORP. 1.290 01/0W2003 0.00 4,991,579.17 Federal Agency Issues - Coupon 3136F2Z,J0 1175 FEDERAL NATL MTG ASSN 3.250 01/10/2003 1,998,480.00 0.(30 Federal Agency Issues - Discount ~ Portfolio CITY CP ~ PM (PRF_PM3) SymRept V6.21 Run Date: 02~6~2C~3 - 17:15 Ref)ort Ver. 5.00 City of Rancho Cucamonga Portfolio Management Page 6 Activity By Type January 1, 2003 through January 31, 2003 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment # Issuer Balance Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Discount 313588BU8 1172 FEDERAL NATL MTG ASSN 1.240 01/06/2003 6.991,078.89 0.00 313588BP9 1176 FEDERAL NATL MTG ASSN 1.200 01/23/2003 1 ,~99,000.00 0.00 Subtotal 0.00 17,985,19~.89 3,999,220.00 13,9~5,978.89 Total 152,628,029.57 ~7,575,222.44 37,155,482.54 153,047,769.47 ~.~ Portfolio CITY ~ cP Run Date: {~OJ~003 - 17:15 PM (PRF_PM3) SymRept V6.21 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended December 31, 2002 Trustee and/or Purchase Maturity Cost .Bond Issue Payinq Aqent Account Name Investment Date Date Yield Value Assessment District No 93-1 US Bank Imprvmnt Fund First American Treasury Obligation 8/4/1997 N/A* 0.85% $ 257,311.78 Masi Plaza Imprvmnt Fund Cash N/A N/A N/A Reserve Fund First American Treasury Obligation 8/4/1997 N/A* 0.85% 243,723.57 Reserve Fund Cash N/A N/A N/A Redemp. Fund First American Treasury Obligation 8/4/1997 N/A 0.86% 1,390.88 Redemp. Fund Cash N/A N/A N/A $ 502,426.23 PFA RFDG Rev Bonds series US Bank Expense Fund First American Treasury Obligation 7/1/1999 N/A* 0.00% $ 0.04 Cash N/A N/A N/A 1999 A (Sr) & 1999 B (Subord) Sub Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 0.85% 582,765.44 Cash N/A N/A N/A Sr. Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 0.85% 1,094,795.50 Cash N/A N/A N/A Redemption Fund First American Treasury Obligation 7/1/1999 N/A* 0.00% Cash N/A N/A N/A Revenue Fund First American Treasury Obligation 3/2/2000 N/A* 0.00% Cash N/A N/A N/A Residual Fund First American Treasury Obligation 1/16/2001 N/A* 0.85% 126,577.06 Cash N/A N/A N/A $ 1,804,138.04 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $ 2,306,564.27 * Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand. i,'tfinancelCash with Fiscal Agents.xls 2~1 I/'2003 9:27AM R A N C H O C U C a M O N G A E N Gl ~ E E RI N G DE PAR ~f ~l E N T Staff Report DATE: February 19, 2003 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FRO~: William J. O'Neil, City Engineer BY: Lucinda E. Hackett, Associate Engineer SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF LEMON AVENUE STREET REHABILITATION FROM BERYL STREET TO AMETHYST STREET TO BE FUNDED FROM ACCOUNT NO. 11763035650/1411176-0 (MEASURE "1" FUNDS). RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the construction of Lemon Avenue Street Rehabilitation from Beryl Street to Amethyst Street and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND ! ANALYSIS: Lemon Avenue Street Rehabilitation scope of work to be performed in general consists of, but not limited to, excavation, saw cutting, removal of existing A.C. pavement, cold planning, crack sealing, rubberized overlay, asphalt paving, removal and reconstruction of PCC cross gutters, re-striping and pavement markings. The project is to be funded from Measure 'I" funds, Account No. 11763035650. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate for Lemon Avenue Rehabilitation is $170,000. Legal advertising is scheduled for February 25, 2003 and March 4, 2003, with bid opening at 2:00 p.m. on Tuesday, March 11,2003. ~st~tfully submitted, tCl~/xEngineer WJO:LEH:Ieh Attachments J/ LEMON AVENUE PAVEMENT REHABILITATION (FROM BERYL STREET TO AMETHYST STREET) FO~THII I BLV CITYOF RANCHO CUCAMONGA Q VICINITY MAP RESOLUTION NO. O~- (~ ~ (O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LEMON AVENUE STREET REHABILITATION FROM BERYL STREET TO AMETHYST AVENUE .IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "THE CONSTRUCTION OF LEMON AVENUE STREET REHABILITATION FROM BERYL STR FFT TO AMETHYST AVENUE". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEA1F,D BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, March 11, 2003, sealed bids or proposals for the "THE CONSTRUCTION OF LEMON AVENUE STREET REHABILITATION FROM BERYL STRglET TO AMETHYST AVENUE" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of LEMON AVENUE STREET REHABll JTATION FROM BERYL STREET TO AMETHYST AVENUE ". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages Resolution No. February 19, 2003 Page 2 for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such Resolution No. February 19, 2003 Page 3 contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twentylfive dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash~ cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for.an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Resolution No. February 19, 2003 Page 4 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "Caiifomia Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is hue and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfacto~ to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, rdserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated thi~ 19t~ day of February, 2003 Publish Dates: February 25, 2003 and March 4, 2003 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this February 19, 2003. Resolution No. February 19, 2003 Page 5 William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the Wednesday, February 19, 2003. Executed this Wednesday, February 19, 2003, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISED ON FEBRUARY 25, 2003 AND MARCH 4, 2003 TH E C I T Y OF I~ANCHO CI~CAHONGA Staff Report TO: Mayor, Members of the City Council and Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Dawn Haddon, Purchasing Manager DATE: February 19, 2003 SUBJECT: AUTHORIZATION FOR 1HE PURCHASE OF ONE (l) FORD E-150XL EIGHT PASSENGER VAN FROM FAIRVIEW FORD, OF SAN BERNARDINO, IN THE AMOUNT OF $16~110.65~ FUNDED FROM THE YOUTH ENRICHMENT SERVICES GRANT~ FUND 1252-401-5604 RECOMMENDATION It is recommended that the City Council authorize the purchase of one (1) Ford E-150XL Eight · Passenger Van from Fairview Ford, of San Bernardino, in the amount of $16,110.65, funded from the Youth Enrichment Services Grant, fund 1252-401-5604. BACKGROUND/ANALYSIS City Council approved the purchase of this new vehicle as identified in the fiscal year 2002/2003 budget document under account 1252-401-5604. This purchase will have no impact on the General Fund. Fleet Maintenance and Community Services provided specifications to Purchasing for the van. Purchasing prepared a Request for Bid and sent it to eleven (11) vendors. Seven (7) responses were received. After analysis of the bid by the Fleet Maintenance Supervisor, Community Services, and Purchasing Staff, it has been determined that Fairview Ford is the apparent Iow bidder that meets the specifications required by the Community Services Department. A copy of the abstract of the bid is attached. Respectfully submitted, Lawrenc~ Administrative Services Director CITY OF RANCHO CUCAMONGA REMARKS: PURCHASING DIVISION ABSTRACT OF BID RECEIVED FOR: Er;c Jensen Ser,,ices BID NO.: RFB 02/03-003 Nineteen i Mlscellanoous Ford VehicleS I 2 3 4 Vendor Name Fairvlew Ford Raceway Ford ~lel Clayton Ford -* rifts Ford Contact Name Val Eft Lyla Nielsen Jean Daly ~lllam McFarland Phone NO. 909-386-028t 6t9-449-2379 ~05-682.2444 )09-353-8800 ~ o_~j!.~ s..r~f~ _e..~_b._i~j ............................... ~.~Z A~I. _e. G _~.r_ _F~. _ii. ~ i_s..~55..~_~ ~ 7_ 3. ............ ~gr...A~._e..G~_.r_[~. ,t~.o.j.s.~:~5_.~t__3:~_3. ....... R_~..r..,~l._e..G~.. r_.~.tj o~..i~..~.~..r]9~;_73" ............ .~ .e.a.r. _A~J .e. ~ ~.r. ~F~.. ~i,~?. j ~,~ ~ ~.~ .oJ.._3..j:~_ ....... ~.~.:-T~ .. L ....................................................................................... J.4_ ~_2_.,~ .............................. ~_.5.,. o. ~_~:_0.0_ .............................................. ] ~,J.~..~ ............................................... ~_,~0_~0_~ CITY OF RANCHO CUCAMONGA REMARKS: PURCHASING DIVISION T HE CITY 0 F I~AN C ilO C U CAM 0 N C,A staf Repor DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Michael TenEyck, Management Analyst III SUBJECT: Approval of $300,000.00 for the purpose of funding the Citywide Concrete Repair, Tree Removal and Tree Planting Annual Maintenance Agreement for the repair of City Sidewalks, Curb and Gutters, to be funded from 11763035300, and approval of an appropriation of $300.000.00 to Account No. 1763035300, from the Measure I Fund Balance. RECOMMENDATION: It is recommended that the City Council approve $300,000.00 for the purpose of funding the Citywide Concrete Repair, Tree Removal and Tree Planting Annual Maintenance Agreement for the repair of City Sidewalks, Curb and Gutters, to be funded from 11763035300, and approval of an appropriation of $300.000.00 to Account No. 1763035300, from the Measure I Fund Balance. BACKGROUND/ANALYSIS: The Public Works Service Order Request Database (SOR) currently has over 200 requests for concrete repairs. These funds will enable staff to move forward and complete the concrete repair and tree removal program to this fiscal year. R e s p. ecJ. f..u I ly Submitted, Willl~. ~'~ei~l~ City Engineer . W JO:MT R A N C H O C U C A M O N G A COMMUNITY SERVICES DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst III SUBJECT: APPROVAL OF A REQUEST FROM THE SKAMNES/HOCKING FAMILY FOR A WAIVER OF RENTAL FEES FOR USE OF THE RANCHO CUCAMONGA EPICENTER ADULT SPORTS COMPLEX FOR A MEMORIAL SOFTBALL TOURNAMENT IN THE MEMORY OF STEPHANIE SKAMNES HOCKING ON FEBRUARY 22, 2003 RECOMMENDATION That City Council approves a waiver of rental fees for use of the Rancho Cucamonga Epicenter Adult Sports Complex for a memorial softball tournament in the memory of Stephanie Skamnes Hocking on February 22, 2003. BACKGROUND/ANALYSIS On February 11, 2003, Stephanie Skamnes Hocking, a participant in a softball tournament at the Epicenter, passed away. Stephanie suffered from a rare form of terminal cancer but loved to play softball. In Stephanie's honor her family members are requesting to hold a memorial softball tournament at the Epicenter on February 22"d, the day after what would have been her 24ta birthday. Proceeds from the tournament will go to the Stephanie Skamnes Hocking Memorial Scholarship Fund administered by the Bank of America. An approval of the waiver of the renial fees for the three softball fields at the Epicenter, in the amount of $795, is being recommended to Council.this evening. The family would still be responsible to pay direct service charges of $100 for the preparation of the fields, light fees and to provide the City with a $1,000,000 comprehensive public liability insurance naming the City of Rancho Cucamonga as additionally insured. h~c~MMSER~AC~unci~&B~ards1Cityc~unci~StaffR~p~rts~2~3~waiv~rf~Skarnn~sH~ckingT~umam~nt2~ 19. 03. doc TH E C I T Y 0 F I~.ANCHO GU CAM 0 NGA Staff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING AN ADVANCEMENT OF FUNDS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR THE REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICT 2003-01. RECOMMENDATION It is recommended that the City Council approve the attached Resolution authorizing the advancement of funds and approving an Agreement between the City and Redevelopment Agency for reimbursement of costs related to Community Facilities District 2003-01. BACKGROUND/ANALYSIS As a separate action on this agenda, the City Council will consider formation of Community Facilities District 2003-01. The District will fund public improvements in the undeveloped area generally bounded by Church Street on the north, Arrow on the south, Rochester on the west, and 1-15 and on the east. This District will construct improvements to complete the connection of master planned storm drain and street improvements currently under constructed by Community Facilities District 2001-01. During formation of the Districts, a number of meetings were held with property owners within the proposed boundaries to discuss participation in the CFD and benefits to their property. As a result of those meetings, the approved boundary maps were modified at the landowners' request to exclude certain properties from the District boundaries. Property owners that were excluded from the District boundaries but receiving direct benefit from the improvements constructed by CFD 2001-01 and CFD 2003-01 were advised that reimbursement would be required when their properties are developed. Recognizing the economic importance of the improvements to be constructed by both Community Facilities Districts, the Redevelopment Agency proposed the advancement of the pro-rata share for properties that receive benefit from the improvements, but are not participating in the Districts. The estimated cost of improvements to be advanced for improvements constructed by CFD 2003-01 on behalf of non-participating property owners is $2.5 Million. The pro-rata share of non-participants' costs will be funded through proceeds of the 2001 Agency's Tax Allocation Bonds. The attached Resolution authorizes the Agency's advancement of these funds, authorizes the City to collect the reimbursement from non-participating proper[ies, and establishes reimbursement to the Agency at the time these properties develop. Respectfully submitted, Linda D. Daniels Redevelopment Director Attachments: Property Map Resolution -2- RESOLUTION NO. 03-- O3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING AN ADVANCE BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY TO THE CITY OF PART OF THE COST OF' CERTAIN IMPROVEMENTS IN CONNECTION WITH CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIEg DISTRICT NO. 2003-01 AND AUTHORIZING AN AGREEMENT WITH THE AGENCY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et s~.), and in particular Section 33445 thereof, the Rancho Cucamonga Redevelopment Agency (the "Agency") proposes to pay for or advance funds for a part of the cost of installing and constructing certain street, storm drain, domestic water, landscape, dry utility, and sidewalk improvements (the "Improvements") associated with the program of improvements authorized for City of Rancho Cuoamonga Community Facilities District No. 2003-01 (the "District"). A more complete description of the Improvements is attached as Exhibit "A" hereto and incorporated herein by reference and a more complete description of the District is attached as Exhibit "B" hereto and incorporated herein by reference. The Improvements will be located in, and serve the Rancho Redevelopment Project of the Agency (the "Project Area"). The Project Area is an area in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or goverrLmental action, or both, without redevelopment. Conditions of blight in tho Project Area include a lack of adequate public improvements and properties which suffer from economic dislocation, deterioration or disuse. Proper infrastructure is vital to the redevelopment of the Project Area as a means of reducing those conditions of blight and of stimulating physical development and economic growth. Section 2. The budget constraints of the City prevent the City from financing the Improvements by any reasonable means. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Although a special tax imposed by the District is being used to finance the majority of the costs of the Improvements, a more extensive use of such financing or of assessment financing could overburden benefitting properties with assessments or special 4/5 taxes which would be added to existing taxes and assessments. Furthermore, special taxes require a two-thirds vote and special assessments are subject to a majority protest. Section 3. The City Council hereby finds and determines pursuant to Health and Safety Code Section 33421.1 that the provision of the Improvements in conjunction with the development of a regional mall and other commemial improvements in the area roughly bounded by Interstate Highway 15, Rochester Avenue, Base Line Road, and Etiwanda Avenue is necessary to effectuate the purposes of the Redevelopment Plan for the Project Area. Section 4. The City Council hereby finds and determines that based upon the foregoing and other information presented to it: (a) the Improvements are of benefit to the Project Area, (b) the payment and advance of funds for a part of the cost of the Improvements assists in the elimination of one or more blighting conditions inside the Project Area, (c) the payment and advance of funds for a part of the cost of the Improvements is consistent with the Agency's implementation plans adopted pursuant to Health and Safety Code Section 33490; and (d) no other reasonable means of financing the Improvements are available to the City. Section 5. The City Council hereby approves an advance by the Agency of a part of the cost of the installation and construction of the Improvements from any , revenues of the Agency lawfully available therefor, including the proceeds of tax allocation bonds. Repayment of this advance by the City shall be conditioned upon the receipt by the City of certain funds more completely identified in an Advance and Repayment Agreement (the "Agreement") to be executed between the City and the Agency. Additionally, the City Council hereby approved payment by the Agency for part of the cost of the Improvements, in an amount not to exceed $1,026,694 from any revenues of the Agency lawfully available therefor. Section 6. The Mayor is hereby authorized to execute the Agreement with the Agency in substantially the form on file on file in the office of the City Clerk with such changes as the Mayor may find necessary to the fulfillment of the intent of this Resolution. PASSED, APPROVED and ADOPTED this 19th day of February, 2003. AYES: NOES: ABSENT: ABSTAIN: Mawr EXHIBIT A DESCRIPTION OF IMPROVEMENTS Public improvements required as a condition of approval of development of the property within the proposed District and other public improvements serving property within the proposed District; such improvements to include but not be limited to: Victoria Gardens Lane (and vicinity) Improvements Street Improvements Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and traffic signal installation Storm Drain Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements Right-of-Way Acquisition Foothill Boulevard (ar;d vicinity) Improvements Street Improvements Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and traffic signal installation Storm Drain Improvements Sanitary Sewer Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements North Parkway Sidewalk Right-of-Way Acquisition EXH1BIT B MAP OF DISTRICT PROPOSED BOUNDARIES s,m'~ OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO, 2003-01 IMPROVEMENT AREA NO. 1 CITY OF RANCHO CUCAMONGA, COUNTY OF 8AN BERNARDINO, STATE OF CAL/FORNIA PROPOSED DOUNDARIES S,E;T OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003.0t IMPROVEMENT AREA NO, 2 CITY OF RANCHO CUCA~ONGA, COUNTY OF SAN BERNARDIN0, STATE OF CALIFORNIA T H C I T Y 0 F I~AN C H 0 C fICA M 0 N GA SlaffReport DATE: February 19, 2003 TO: Mayor and City Council Members Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: APPROVAL OF A PUBLIC PARKING FACILITIES GROUND LEASE AND PUBLIC PARKING FACILITY OPERATING AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS MALL, LLC, FOR PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF 1-15 FREEWAY. RECOMMENDATION: The Redevelopment Agency recommends approval of a Public Parking Facilities Ground Lease and Public Parking Facility Operating Agreement between the City of Rancho Cucamonga and Victoria Gardens Mall, LLC for construction and operations of a public parking facility proposed within Victoria Gardens Regional Shopping Center. BACKGROUND/ANALYSIS: In November 2002, the Redevelopment Agency and Victoria Gardens-C, LLC entered into a Disposition and Development Agreement to construct a regional shopping center and ancillary uses on 147-acres of Agency owned land north of Foothill Boulevard, and west of the 1-15 Freeway. Under terms of the DDA, the Agency reserved a portion of the property to construct an approximate 64,000 square foot Cultural Center, which will include a performing arts theater, banquet hall/meeting room, and a public library. To ensure adequate parking for adjacent commercial and Cultural Center patrons, the Agency has agreed to construct two public parking facilities on land east and west of the Cultural Center parcel. Because the Agency currently owns the site, but the City will be the ultimate land owner and operator, Agency Counsel has advised that it is appropriate for the City Council to enter into these two Agreements pursuant to a recommendation of the Agency. Therefore, consideration and approval of the Parking Ground Lease and Parking Facilities Operating Agreement appears on both the Agency and Council agendas. The Public Parking Facilities Ground Lease establishes the City's lease of the two parcels for the purpose of constructing and owning the public parking facilities. The Public Parking Facilities Operating Agreement establishes responsibilities for on- going maintenance and operations of the parking structures. Under terms of this Agreement, the developer assumes full responsibility for the routine and day-to-day maintenance, security, and operations of the parking facilities, including the east paseo adjacent to the Cultural Center. The parking structures will remain open to the public during all hours of operation and free of charge, with the exception of agreed-upon special events requiring valet parking. The City will assume responsibility for providing capital maintenance of the structures, including initial construction (to be funded by the Agency), repairs, painting, restriping, replacement of signage, fixtures and equipment, insurance and capital improvements. Respectfully submitted, Linde D. Daniels Redevelopment Director THE CITY OF I~ANCHO CIJCAMONGA DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Donald Granger SUBJECT: A REQUEST TO ENTER INTO A LEASE HOLD AGREEMENT AT THE CITY YARD BETWEEN CINGULAR WIRELESS AND THE CITY OF RANCHO CUCAMONGA FOR THE PURPOSE OF INSTALLING A WIRELESS COMMUNICATION FACILITY FOR CINGULAR WIRELESS PERSONAL COMMUNICATION SERVICE BACKGROUND SBA Network Services, Inc., on behalf of Cingular Wireless, has been negotiating Lease Hold Agreements with City staff for the placement of one wireless communication facility at the City Yard. The wireless communication facility will be a 70-foot high monopalm located near the southwest corner of the yard. Two live palm trees will be planted adjacent to the monopalm, thereby creating a palm grove appearance. ANALYSIS Community Development staff, in conjunction with the City Attorney's office, has been reviewing multiple draft agreements over the past several weeks. A final agreement (attached) has been approved by the City Attorneys and contains the following key items and conditions: LOCATION: The improvement shall consist of one 70-foot monopalm at the City Yard. TERMS AND OPTIONS: The initial term of the lease shall be for 10 years, with four five-year options to extend. The lease shall commence when construction starts or 90 days after the lease is executed by both parties, whichever occurs first. RENT AND RENT INCREASES: The initial annual rent shall be $18,000.00, paid in equal monthly installments in advance on or before the first day of each month. Commencing with the second year, on the anniversary of the commencement date, and in succession thereafter, rent shall be increased by an amount equal to 3 percent of the rent for the previous year. CITY COUNCIL STAFF REPORT ClNGULAR - CITY YARD February 19, 2003 Page 2 ASSIGNMENT AND SUBLETTING: Subject to the City's written consent, Cingular may permit other wireless communication ca~:riers to locate on the monopole. Should this occur, the lease provides a provision to ensure additional compensation to the City, as negotiated between the City and the carrier, by a separate lease. Alternatively, at the City's option, the annual rent may be increased by a straight pementage, agreeable to the City and the wireless carrier, not to exceed 30 percent of the current rent. This prevision in the lease meets of the objectives of the City's Development Code by encouraging co-location of wireless carriers where possible. POWER GENERATORS: The lease contains language only allowing temporary generators in the case of an emergency or power failure. SIGNS: Only signs that are required for emergency purposes are permitted on the wireless communication facility. TERMINATION AND ABANDONMENT: Should the lease be terminated by either party, expire or the wireless communication facility become abandoned, the wireless facility and all appurtenant equipment shall be removed within 60 days of said termination, expiration or abandonment and the premises shall be restored to its original condition. RECOMMENDATION Staff recommends that the Mayor sign the Agreement, thereby entering into a Lease Hold Agreement with Cingular Wireless. Brad Buller City Planner BB:DG:mlg Attachments: Exhibit "A" Location Map Exhibit "B" Photo Simulation Final Lease Hold Agreement Memorandum of Lease Agreement Vicinity Map ~ ~-~' ~"m COMMUNICATIONS FACILITY GROUND LEASE This Communications Facilities Ground Lease ("Lease") is made and entered into on this ~ day of ,2002, ("Effective Date") by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as "LANDLORD") and PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company, doing business as CINGULAR WIRELESS (hereinai~er referred to as "TENANT"). 1. Premises. LANDLORD hereby agrees to lease to TENANT and TENANT agrees to lease from LANDLORD, on a non-exclusive basis, that certain parcel of real property, approximately six hundred sixty (660) square feet in area, together with reasonable access thereto (seven (7) days a week, twenty-four (24) hours a day, upon twenty- four (24) hour telephonic notice), located at 9t~ Street Yard, in the City of Rancho Cucamonga, California, 91730, (the "Premises"), commonly known by the street address of 8852 Hellman Avenue, all as more particularly described in Exhibit "A" hereto and by this reference made a part hereof. This Lease is subject to the terms, covenants and conditions hereinafter set forth and TENANT covenants, as a material part of the consideration for this Lease, to keep and perform each and every term, covenant and condition of said Lease. 2. Term. A. The term of this Lease shall be for ten (10) years, subject to four (4) five (5) year extensions, as provided in paragraph B below, commencing upon the Effective Date hereof, provided, however, that TENANT's obligations to pay rent hereunder shall not begin until TENANT commences construction of its facilities upon the Premises, or ninety (90) days after the Effective Date, whichever is earlier ("Commencement Date"). B. Provided TENANT is not in default in the performance of any term or condition under this Lease (with all cure periods having lapsed), then upon the expiration of the original Lease ~enn, or any prior renewal term(s), upon ninety (90) calendar days prior written notice to LANDLORD, TENANT shall have the option to renew this Lease f? four (4) additional terms of five (5) years each. During any such renewal period, ail of the terms and conditions of this Lease shall remain in full force and effect. Commencing with the first day of the first month of the respective renewal period, the rent for the Premises shall be increased in accordance with the provisions set forth in paragraph 3, below. Said option(s) shall be exercised by personal delivery or by certified mail, postage prepaich of such notice of exemise of option to LANDLORD at the address set forth herein for notices. Such exercise of the option(s) granted hereunder shall automaticaily extend the term of this Lease upon the terms and conditions set forth herein, and no further writing need be executed by TENANT or LANDLORD. In the event that any option specified herein is not exercised as provided, within the time period provided, then said option and remaining options, if any, shall expire, and TENANT shail not have any right to renew said Lease. C. Upon termination, both parties shall be relieved of any further obligations under this Lease, although each shall continue to have available all remedies for any breach of this Lease occurring prior to the date of termination. Within sixty (60) days following the expiration or termination of this Lease, TENANT shail remove its personai property and fixtures and return the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by TENANT to the Premises. 3. Rent. TENANT agrees to pay to LANDLORD rent, without prior notice or demand by LANDLORD, in the sum of Eighteen Thousand Dollars ($18,000.00) per year, paid ia equal monthly installments in advance on or before the first day of each month during the term of this Lease. If the date of construction is other than the first day of a calendar month, TENANT may pay on the day due the prorated Rent for the remainder of the calendar month in which construction commences, or if this Lease is terminated before the expiration of any month the rent payment shail be prorated for the finai fxactional month of this Lease. Said rent shall be paid to LANDLORD, without deduction or offset, in lawful money of the United States of America, at 10500 Civic Center Drive, Rancho Cucamonga, CA 91729, Attn: Finance Department, or at such other place as LANDLORD may designate, in writing. Commencing with the second year of the initial term hereof, rent shall be increased on each anniversary of the Commencement Date by an amount equal to three pement (3%) of the rent for the previous year. 4. Use~ A. TENANT shall use the Premises for the sole purpose of constructing, maintaining, securing and operating a personal communication wireless service facility, including the construction of an equipment building (if needed) and installation of required utilities, antennas and related communications equipment, including telephone equipment, electrical equipment, I-IVAC systems, temporary power generator, which temporary power generator shall be used for emergency purposes only, fire sprinkler systems, and an antenna tower and support sffuctures (collectively "Facilities"), subject to being "stealth" designed as may be reasonably required by LANDLORD, all as depicted in the site plan and related drawings approved by LANDLORD as provided in Section 4.H., a copy of which is attached hereto as Exh/bit "B" and hereby incorporated by reference. As-builts of the Premises and Facilities shall be provided to LANDLORD upon TENANT's receipt and shall replace the site plan attached hereto as the Exhibit "]3". Each such antenna or antenna support structure may be configured as required by TENANT, provided TENANT obtains all permits and approvals required by LANDLORD as provided in Section 4.H., and/or any other public agency having jurisdiction over the matter. No additional equipment or antennas which would be visible to the public may be installed without LANDLORD's prior written consent, as provided in Section 4.H. Furthermore, LANDLORD and TENANT may agree to increase the square footage of the Premises occupied by TENANT, by no more than ten percent (l 0%) by letter agreement, subject to TENANT paying additional rent on a pro-rata basis. B. TENANT and LANDLORD understand and agree that subject to LANDLORD's written consent pursuant to Section 19 hereof, TENANT may permit other communications providers to locate on TENANT's communications tower for which TENANT, and LANDLORD for its provision of the underlying real property, shall be entitled reasonable compensation by way of leases negotiated in good faith. Alternatively, and at LANDLORD's option, LANDLORD shall be entitled to increase rent payable to LANDLORD in an amount determined by the parties to be fair and equitable, but in no case greater than thirty percent (30%) of the current rent. C. TENANT shall install a security fence or wall around the perimeter of the Premises, satisfactory to LANDLORD, excluding any approved access route(s). Construction of TENANT's commumcat~ons fac~hty and rnoantenance of landscaping reqmred under any applicable approvals or permits shall be at TENANT's sole expense. Further, TENANT shall maintain the Premises free from hazards or risk to the public health, safety or welfare. D. At all times throughout the term of this Lease, TENANT's use of the Premises shall be in conformance with, and subject to all conditions contained in, any and all permits or approvals required by LANDLORD under law, and/or any other agency having jurisdiction over TENANT's operations. E. LANDLORD agrees that TENANT's ability to use the Premises is dependent upon TENANT's obtaining all necessary certificates, permits and/or other approvals which may be required from any federal, state or local authority. LANDLORD agrees to cooperate with TENANT as to TENANT's obtaining such certificates, permits or other approvals. In the event TENANT is unable to obtain any necessary certificate, permit or other approval in order to operate its communications facility, or if due to technological changes or other economic reasons, TENANT, in its sole discretion, determines that it will be unable to use thc Premises for TENANT intended proposes, TENANT may terminate this Lease as provided herein, upon thirty (30) days prior written notice. F. TENANT shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will cause cancellation of any insurance ~ policy covering the Premises or part thereof or portion of its contents. TENANT agrees to pay any increase in the rate of frre or other insurance policy covering the Premises which is directly~ attributable to TENANT's leasing of the Premises. TENANT shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other parties or injure or annoy them or use or allow or permit the Premises to be used for any unlawful purpose. Nor shall TENANT cause, maintain or permit any nuisance in or about the Premises. TENANT shall not commit or suffer to be committed any waste in or upon the Premises. G. TENANT agrees at all times to maintain its levels of electromagnetic radiation within all applicable standards established by the Federal Communications Commission and/or any other governmental authority having jurisdiction. TENANT agrees at all times to cunduet its personal wireless service operations in such a manner so as to not cause interference with any of LANDLORD's existing communications operations. A failure to cure any such interference within five (5) business days of the City's providing written notice of such interference shall constitute a default hereunder. In the event any of TENANT's operations interfere with LANDLORD's emergency communications, LANDLORD may provide telephonic notice to TENANT of such interference and TENANT shall, within twenty- four (24) hours, cease all eommunieatiuns operations on the Premises, until the condition causing the interference is remedied to LANDLORD's satisfaction. LANDLORD agrees to include in any other telecommunication leases for lease of its property within 1000 feet of the Premises, a provision requiring such additional lessee to avoid causing radio interference to TENANT's operations hereunder.. LANDLORD shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to TENANT, and therefore, TENANT shall haVe (i) the right to bring action to enjoin such interference or (ii) the right to terminate the Lease immediately upon notice to LANDLORD. Notwithstanding the foregoing, LANDLORD's existing communications operating in the same manner as on the date TENANT commences construetiun shall not be deemed interference. H. Prior to commencing construction of the' Facilities, TENANT shall obtain LANDLORD's approval of TENANT's work plans. LANDLORD shall give such approval or provide TENANT with its requests for changes within thirty (30) business days of LANDLORD's receipt of TENANT's work plans. If LANDLORD does not provide such approval or request for changes within such thirty (30) business day period, LANDLORD shall have denied the plans. LANDLORD shall not be entitled to receive any additional fees, excluding fees associated with plan check and obtaining the required permits, in exchange for giving its approval of TENANT's plans. 5. Co__q_~p_liance with Law. TENANT shall not use the Premises or pen'nit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental role or regulation now in force or which may hereinafter be enacted or promulgated. Subject to TENANT's fight to terminate as provided in Section 4.E, TENANT shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and other governmental roles, regulations or requirements now in rome or which may hereinafter be enacted or promulgated, relating to, or affecting the condition, use or operation of TENANT'S Facilities upon the Premises, excluding structural changes not related to or affected by TENANT's improvements and acts. The non-appealable judgment of a court of competent jurisdiction or the admission by TENANT in any action against TENANT, whether LANDLORD be a party thereto or not, that TENANT has violated any law, statute, ordinance or any other governmental rule or regulation shall be conclusive of that fact as between LANDLORD and TENANT. 6. Alterations and Additions. Other than as expressly required or permitted herein, TENANT shall not make or suffer to be made any alterations, additions or improvements in or to or about the Premises or any part thereof, that will be visible to the public, without the prior written consent of LANDLORD pursuant to Section 4.H. Excepting only the approved installation of communications related equipment, any alterations, additions or improvements in, to or about the Premises, shall on the expiration of this Lease become a part of the realty and belong to LANDLORD and shall be surrendered with the Premises, unless otherwise agreed to by LANDORD and TENANT. Any alterations, additions or improvements to the Premises desired by TENANT, other than those expressly required or permitted herein, shall require LANDLORD's prior written consent, and shall be made by TENANT at TENANT's sole cost and expense, and any contractor or person selected by TENANT to make the same must first be approved of, in writing, by LANDLORD. 7. Physical Condition of Premisesl Waiver. A. Except as otherwise expressly provided herein, by taking possession of the Premises, TENANT shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. TENANT shall, at TENANT's sole cost and expense, keep the Premises and any part thereof in good condition and repair. LANDLORD shall have no obligation whatsoever to alter, improve or repair the Premises, or any part thereof, and the parties hereto affirm that LANDLORD has made no representations to TENANT respecting the condition of the Premises except as specifically set forth herein. TENANT further agrees that it shall submit to LANDLORD, prior to applying for any permits to renovate, reconstruct, improve, alter or in any way modify the Premises, plans and specifications for LANDLORD's approval pursuant to Section 4.H. B. LANDLORD shall not be liable for any failure to make any repairs, or to perform any maintenance except as specifically provided herein. Except as may otherwise be provided herein, there shall be no abatement of rent and no liability of LANDLORD by reason of any injury to or interference with TENANT's business arising from the LANDLORD or TENANT making of any repairs, alterations or improvements in or to any portion of the Premises or in or to any fixtures, appurtenances and equipment therein, unless caused by the negligence or willful misconduct of LANDLORD. TENANT hereby specifically waives the fight to make repairs at LANDLORD's expense under any law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, LANDLORD shall be responsible for any damage to TENANT's equipment or facilities caused by LANDLORD's activities, unless caused by the negligence or willful misconduct of TENANT. C. TENANT shall accept possession of the Premises, in an "as is" physical condition with no warranty, express or implied, by LANDLORD as to the condition of the soil, its geology, the presence of known or unknown faults, its suitability for the use intended by the TENANT, any onsite soils contamination or any similar matters. It shall be the sole responsibility and obligation of TENANT to investigate adverse soil, surface or subsurface conditions of the Premises. LANDLORD shall have no obligation to correct any adverse subsurface or soil conditions in order to make the Premises in a condition suitable for TENANT's intended use. Notwithstanding the foregoing, LANDLORD represents that to the best of its knowledge, no activities of LANDLORD have resulted in any soils contamination. D. TENANT hereby specifically waives any rights TENANT may have against LANDLORD with regard to the condition of the Premises, including, but not limited to, soils, toxic or hazardous materials, fill material, compaction, geologic constraints and faults. TENANT also further agrees to indemnify and hold harmless LANDLORD fi:om and against any and all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses and accountants) and all foreseeable and unforeseeable consequential damages which might arise or be asserted against LANDLORD as a result of a claimed violation allegedly occurring following TENANT'S acceptance of the Premises, of any and all present and future federal, state and local laws (whether under common law, statute, role, regulation or otherwise), including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §8 9601 through 9657, inclusive; Transportation of Hazardous Materials and Wastes (ItMTA), 49 U.S.C. App. 88 1801 through 1813, inclusive; the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 8§ 6901 through 6992, inclusive; 40 C.F.R. Parts 260 through 271, inclusive; the California Hazardous Substance Account Act (HSAA), Califomia Health and Safety Code 88 25300 through 25395, inclusive; the Caiifomia Hazardous Waste Control Act (I-IWCA), California Health and Safety Code 8§ 25100 through 25249, inclusive; the porter-Cologne Water Quality Control Act, California Water Code §8 13000 through 13999.16, inclusive; and the Underground Storage Tank Act (USTA), California Health and Safety Code 88 24280 through 24299.7, inclusive, all 7 same may be amended from time to time (collectively "Environmental Laws"), relating to the enx~ironment or to any hazardous substance, activity or material connected with the condition of the Premises directly caused by TENANT, or rising out of TENANT's use. This environmental indemnity shall survive the expiration or termination of this Lease as to activities taking place or occurring on or about the Premises prior to such expiration or termination. E. LANDLORD shall, upon request and at TENANT's cost, provide to TENANT copies of all reports, studies, surveys and other data an.d information on the Premises which is now available to LANDLORD. LANDLORD represents that it has no information, disclosable pursuant to California Health and Safety Code § 25359.7(a). g. C!airn.n Against Premises. TENANT shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialman's, contractor's or subcontractors liens arising from, or any claim for any work of construction, repair, restoration, replacement or improvement of or to the Premises for TENANT or any other similar claim or demand howsoever the same may arise, however, unless TENANT shall contest any such claim, TENANT shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Premises. TENANT shall have the right to contest the validity, nature or amount of any such lien, but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and shall have the lien released at its own expense. If TENANT desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. TENANT agrees to indemnify and hold LANDLORD and the Premises free and harmless of all liability for any and all such claims and demands resulting from any liens placed on the Premises as a result of work or materials requested by or on behalf of TENANT, together with payment of LANDLORD's reasonable attorneys' fees and all costs and expenses in connection therewith. 9. Utilities. TENANT shall pay the cost of any and all water, electrical, gas or other utility services utilized by TENANT upon the Premises during the term hereof/~nd shall have such utilities installed underground and maintained at TENANT's sole cost and expense, subject to plans and specifications approved in writing by LANDLORD pursuant to Section 4.H. 10. Access and Utili~. Relocation. Subject to the other provisions of this Lease, in the event Landlord desires to redevelop, modify, remodel or in any way alter its property and any improvements thereon ("Redevelopment"), Landlord may necessitate the relocation of the access and utility routes to the Premises or Tenant's Facilities.. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided however, that Landlord has provided Tenant with no less than 60 days prior written notice of Landlord's proposed Redevelopment. · · 11. Taxes. TENANT shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of TENANT's possessory interest in and to the Facilities, leasehold improvements, equipment, fixtures and personal property located in or about the Premises. TENANT agrees that, without prior demand or notice by LANDLORD, TENANT shall, not less than fifteen (15) days prior to the day upon which any such possasso~y interest or other such tax is due, provide LANDLORD with proof of payment of such tax. 12. Itolding Over. If TENANT remains in possession of the Premises or any part thereof after the expiration of the term hereof, with the express written consent of LANDLORD, such occupancy shall be a tenancy from month-to-month. 13. Entry. by LANDLORD. TENANT hereby agrees that representatives of the LANDLORD, as designated by LANDLORD's City Manager, shall, during normal business hours, have the right to enter the Premises with a representative of TENANT to inspect and determine if same complies with each and eve~ term and condition of this Lease and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to building occupancy and the conduct of TENANT's business, provided LANDLORD gives TENANT no less than seventy-two (72) hours prior written notice. TENANT hereby waives any claim for damages or for any injury or inconvenience to or interference with ~ TENANT's business, any loss of occupancy or quiet enjoyment of the Premises, and any loss occasioned thereby. TENANT shall furnish a Knox Box on the Premises, to provide emergency access, in a location that is accessible to the emergency civil services. TENANT expressly waives any and all damages which might occur to TENANT'S facilities, including but not limited to, damages arising fi.om fire, vandalism, explosion or earthquake, as a result thereof. Any entry to the Premises obtained by LANDLORD, as provided above, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of TENANT fxom the Premises or any portion thereof. 14. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease: A. Abandonment (as defined by applicable law) of the Premises by TENANT; B. The failure by TENANT to make any payment of rent or any other payment required to be made by TENANT hereunder, as and when due, where such failure shall continue for a period of seven (7) business days after receipt of mailed written notice thereof by LANDLORD to TENANT, return receipt requested; C. A failure by either party to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed, other than as described in subparagraph 14.B., above, where such failure shall continue for a period of thirty (30) business days after mailed written notice thereof,; provided, however, that if the nature of the default involved does not consist of radio interference, and is such that more than thirty (30) days are reasonably required for its cure, then the defaulting party shall not be deemed to be in default if they commence such cure within such thirty (30) day period and thereafter diligently prosecutes said cure to completion, which shall not exceed ninety (90) days, or within ninety (90) days of notice mailed. D. The making by TENANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against TENANT of a petition to have TENANT adjudged a bankrupt, or a petition or reorganization or arrangement un~ law relating to bankruptcy (unless, in the case of a petition filed against TENANT, the same is dismissed ~vithin sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of TENANT's assets located in or about the Premises or of TENANT's interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT's assets located in or about the premises or of TENANT's interest in this Lease, where such seizure is not discharged in thirty (30) days. 15. Remedies in Default. In the event of any such material default or breach by TENANT, LANDLORD may at any time therea~er and without notice or demand and, without limiting LANDLORD in the exercise of a right or remedy LANDLORD may have by reason of such default or breach: A. Terminate TENANT's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and TENANT shall immediately surrender possession of the Premises to LANDLORD. In such event, LANDLORD shall be entitled to recover from TENANT all damages incurred by LANDLORD by reason of TENANT's defauR including, but not limited to, the cost of recovering possession of the Premises, including necessary renovation and alteration of the Premises, for reasonable attorneys' fees and costs, and the amount by which the unpaid rent for the balance of the term, after the time of court award, exceeds the amount of such rental loss for the same period that TENANT proves could be reasonably avoided. Unpaid installments of rent or other sums shall bear interest fxom due date thereof at the rate of eighteen percent (18%) per annum or at the maximum legal rate then in effect in California, whichever is higher. In the event TENANT shall have abandoned the Premises, LANDLORD shall have the option of (1) taking possession of the Premises and recovering from TENANT the amount specified in this subparagraph, or (2) proceeding under the provisions of the following subparagraphs. B. Maintain TENANT's right to possession, in which case this Lease shall continue in effect whether or not TENANT shall have abandoned the Premises. In sucla~ LANDLORD shall be entitled to enfome all of LANDLORD's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder. C. Pursue any other remedy now or hereafter available to LANDLORD under the laws or judicial decisions of the State of California. Furthermore, TENANT agrees that no election by LANDLORD as to any rights or remedies available hereunder or under or pursuant to any law o~ judicial decisions of the State of California shall be binding upon LANDLORD until the time of trial of any such action or proceeding. Notwithstanding the provisions of Section 15.A., above, if an event of default by TENANT occurs, LANDLORD shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to re-enter the Premises and/or remove persons or property therefrom. D. Notwithstanding any provision herein to the contxary, a revocation of any regulatory approval, shall not constitute an electable remedy for purposes of this paragraph 15. E. In the event of a material default or breach by either party, notwithstanding anY other rights or remedies available at law or equity. The non-breaching, non-defaulting party shall be entitled to immediately terminate this Lease. 16. Eminent Domain. If more than fifty percent (50%) of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, either party hereto shall have the right, at its option, to terminate this Lease, and LANDLORD shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such public or quasi-public use or purpose, and TENANT shall have no claim against LANDLORD for the value of any unexpired term of this Lease. If either less than or more than fifty percent (50%) of the . Premises is taken, and neither party elects to terminate as herein provided, the rental therealler to be paid shall be equitably reduced. 17. Destruction of Premises. If the Premises or the Property is destroyed or damaged so as in TENANT's judgment, to hinder its effective use of the Property, LANDLORD may use its reasonable efforts to make available to TENANT within fiv~ days a temporary site on the Property which is equally suitable for TENANT's use. TENANT may construct, operate, and maintain substitute Facilities thereon until the Facilities are fully restored and operational on the Premises. Rent shall abate in full during any time that TENANT is unable to operate the Facilities or substitute Facilities on the Property. Alternatively, TENANT may elect to terminate this Lease as of the date of the damage or destruction by so notifying LANDLORD no more than thirty (30) days following the date of damage or destruction. 18. Offset Statement. TENANT shall, at any time and from time to time upon not less than thirty (30) days' receipt of prior written notice from LANDLORD, execute, acknowledge and deliver to LANDLORD a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Leas~, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to TENANT's knowledge, any uncured defaults on the part of LANDLORD hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encnmbrancer of all or any portion of which the Premises are a part. 19. Assignment and Subletting. TENANT shall not assign, sublet or transfer this Lease or any fight hereunder to any other party or parties nor shall TENANT sublet all or any portion of the Premises without first obtaining the written consent of LANDLORD. Any assignment or subletting of the Premises without such prior written consent shall be void for all purposes and LANDLORD may, at its option, declare a forfeiture of the same in any manner provided by law. Notwithstanding the foregoing, TENANT may assign this Lease to any (i) subsidiary, (ii) parent company, (iii) affiliate, (iv) partner, or (v) any other company owning twenty-five percent (25%) or greater interest in TENANT without LANDLORD's prior written consent; provided such assignee executes a document satisfactory to LANDLORD evidencing assignee's consent to be bound by all terms of this Lease. / 20. Attorneys' Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. 21. Fixtures. All trade fixtures and/or temporary facilities installed in or on the Premises by TENANT may be removed by TENANT at any time during the term of this Lease so long as the same may be removed without permanent damage to the Premises. TENANT shall repair all damage which may result therefi'om to the reasonable satisfaction of LANDLORD. 22. Indemnification. TENANT agrees to defend, indemnify and hold LANDLORD and its elected officials, officers, agents and employees free and harmless from all claims and liabilities for damage to persons or property by reason of TENANT's negligence or TENANT's acts or omissions or those of TENANT's employees, agents, guests or invitees in connection with TENANT's use and occupancy of the Premises. 23. Insurance. A. Fire and Extended Coverage - TENANT's DuW to Keep Improvements Insured. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept insured, all improvements located on or appurtenant to the Premises against loss or damage by fire and such other risks as are now or hereaiter included in an extended coverage endorsement in common use for such structures, including vandalism and malicious mischief. The amount of insurance shall be the then replacement cost, excluding costs of replacing excavations and foundations but without deduction for depreciation (herein called "full insurable value"). LANDLORD shall not carry any insurance the effect of which would be to reduce the protection or payment to TENANT under any insurance that this Lease obligates TENANT to carry. If any dispute as to whether the amount of insurance complies with the above cannot be resolved by agreement, LANDLORD may, not more than once every three (3) months, request the cartier of the · insurance then in force to determine the full insurable value as defined in this provision, an '7/ the resulting determination shall be conclusive between parties for the purposes of this paragraph. TENANT shall include the holder of any mortgage on the Lease as a loss payee to the extent of that mortgage interest. B. Commemial General Liability Insurance. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept in full force and effect, for the mutual benefit of TENANT, and LANDLORD as an additional insured, commercial general liability insurance against claims and liability for personal injury, death, or property damage arising from the use, occupancy, disuse, or condition of the Premises, improvements, or adjoining areas or ways, providing protection of at least Two Million Dollars ($2,000,000.00) per occurrence One Million per occurrence, Two Million Aggregate for bodily injmy or death, and at least Five Hundred Thousand Dollars ($500,000.00) for property damage. Any policies containing an annual general aggregate shall be subject to LANDLORD's prior approval. C. Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California with a current A.M. Best rating of no less than A:VII A-VII. All such policies shall contain language to the effect that: (1) the policies are primary and noncontributing with any insurance that may be carded by LANDLORD; (2) they cannot be canceled or materially altered except after thirty (30) days' notice by the insurer to LANDLORD; (3) the CITY OF RANCHO CUCAMONGA, and each of CITY's elected officials, officers and employees are additional insureds; (4) any failure by TENANT to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the required coverage; and (5) the required inSurance applies separately to' each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. TENANT shall furnish LANDLORD with copies of all certificates and endorsements evidencing the insurance. TENANT may effect for its own account ar~y / insurance not required under this Lease. / o 16- D. Failure to Maintain Insurance~ Proof of Compliance. TENANT shall deliver to LANDLORD, in the manner required for notices, copies of endorsements to all insurance policies required by this Lease certificates of insurance with endorsements required by this lease, within the following time limits: (1) For insurance required at the commencement of this Lease, within ten (10) days after execution of this Lease and prior to TENANT's occupancy of the Premises; (2) For insurance becoming required at a later date, at least ten (10) days before that requirement takes effect, or as soon thereafter as the requirement, if new, takes effect; (3) For any renewal or replacement of a policy already in existence, prior to expiration or other termination of the existing policy. If TENANT fails or refuses to procure or maintain insurance as required by this Lease, or fails or refuses to furnish LANDLORD with required proof that the insurance has been procured and is in full force and paid for, tenant shall be deemed to be in default of this agreement. LANDLORD shall have the right, at LANDLORD's election and or five (5) days' notice, to procure and maintain such insurance. The premiums paid by LANDLORD shall be treated as added rent due from TENANT with interest at the rate of eighteen percent (18%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first day of the month following the date on which the premium was paid. LANDLORD shall give TENANT prompt notice and provide TENANT with a certificate of insurance and agent's invoice evidencing payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall mn from the effective date of coverage. E. TENANT shall have the right to self-insure with respect to any of the above insurance, provided TENANT annually provides evidence satisfactory to LANDLORD that its self-insurance program has been approved by the State of California. 24. Authori .ty of Parties. Each individual executing this Lease on behalf of each party represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of such party and that this Lease is binding upon such party in accordance with its terms. 25. Waiver. The waiver by either party of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, covenant or condition of this Lease, other than the failure of the TENANT to pay the particular rental so accepted, regardless of LANDLORD's knowledge of such preceding breach at the time of acceptance of such rent. 26. Title and Quiet Enjoyment. LANDLORD warrants that TENANT shall have quiet enjoyment of the Premises during the term of this Lease or any extension as provided in this Lease. LANDLORD hereby represents and warrants that it has obtained all necessary approvals and consents, and has taken all necessary action to enable LANDLORD to enter into this Lease and allow TENANT to install and operate the Facilities on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of the Property. 27. Time. Time is of the essence of this Lease and each and all of its p.rovisions in which performance is a factor. 28. Late Charges. TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent or other sums due hereunder will cause LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be ex~emely difficult to ascertain. Such costs include, but are' not limited to, processing and accounting charges. Accordingly, if any installment of rent or of a stun due fi.om TENANT shall not be received by LANDLORD or LANDLORD's designee within ten (10) days af~erTENANT'S receipt of written notice that said amount is past due, then TENANT shall pay to LANDLORD a late charge equal tO ten percent (10%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that LANDLORD will incur by reason of the late payment by TENANT. Acceptance of such late charges by ! 7'/ LANDLORD shall in no event constitute a waiver of TENANT's default with respect to such overdue amount, nor prevent LANDLORD t~om exercising any of the other rights and remedies granted hereunder. 29. Inability to Perform. This Lease and the obligations of either party hereunder shall not be affected or impaired because the other party is unable to fulfill any of obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of either party. 30. Sale of Premises by LANDLORD. In the event of any sale or conveyance of the Premises, LANDLORD shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale or conveyance. The purchaser, at such sale or any subsequent sale of the Premises, or other subsequent owner of the Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of LANDLORD under this Lease. 31. Signs and Lights. Unless otherwise required by any law or ordinance, TENANT shall not place any sign~upon the Premises without LANDLORD's prior written consent and approval thereof. TENANT shall not illuminate any communications tower or antenna unless required by law or as may be approved in writing by LANDLORD. 32. Successors. Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the successors of the respective parties. 33. Notices. Except where otherwise required herein, any notice required or permitted under the terms of this Lease shall be deemed served when personally served on TENANT or LANDLORD or when the same has been placed in the United States mail, postage prepaid and addressed as follows: 75 TENANT: LANDLORD: Cingular Wireless City of Rancho Cucamonga 6100 Atlantic Boulevard Attn: City Clerk Mail Code GAN02 10500 Civic Center Drive Norcross, Georgia 30071 P.O. Box 807 Attention: Network Real Estate Administration Rancho Cucamonga, CA 91729 COPY TO: Cingular Wireless 2521 Michelle Drive, 2nd Floor Tustin, California 92780 Attention: Legal Depa~hnent 34. Execution by LANDLORD Not a Waiver. TENANT understands and agrees that LANDLORD, by entering into and executing this Lease, shall not have waived any fight, duty, privilege, obligation or authority vested in the City of Rancho Cucamonga to approve, disapprove or conditionally approve any application which TENANT may be required to make under any laws, roles, ordinances or regulations now or hereafter in effect which said City may be empowered to apply, including, but not limited to any use permit, wireless permit or approval, whether similar in nature or not. 35. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on its own examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice. 36. Applicable Law and Venue. Any action brought to enforce any provision of this Lease shall be brought in the Superior Court of the County of San Bemardino and the same shall be governed by the laws of the State of California. [SIGNATURE PAGE FOLLOWS] '77 WHEREFORE, the parties have entered into the Lease as of the date set first set forth above. ,,LANDLORD', "TENANT" CITY OF RANCHO CUCAMONGA PACIFIC BELL WIRELESS, LLC, A municipal corporation a Nevada limited liability company By: GSM FACILITIES, LLC, its sole member By:CINGULAR WIRELESS, its agent By: By: Name: Name: Ch'arles-~/a~-cl~ Title: Mayor Title: Vice President Real Estate/Special Proiects Date: Date: By: Name: Title: City Clerk Date: Landlord's Address, Phone and Fax: Tenant's Address, Phone and Fax: 10500 Civic Center Drive MailCode GAN02 P.O. Box 807 6100 Atlantic Boulevard Rancho Cucamonga, CA 91729 Norcross, GA 30071 Tele: (909) 477-2700 Atto: Network Real Estate Administration Fax: (909) 477-2846 Tax I.D. No: 95-3213002 With copy to: 2521 Michelle Drive, 2nd floor Tustin, CA 92780 Attn: Legal Depat hnent Telc: (800) 355-1802 Fax: (714) 734-7562 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Landlord's Property of which the Premises are a part is legally described as follows: APN: 0209-013-23 and 49 All of that certain real property located in the County of San Bemardino, State of California, being more particularly described as follows: :=. 0209-013-23 Parcel No. I of Parcel Map No. 9180, in the City of RANCHO CUCAMONGA, County of SAN BERNARDINO, State of California, as per map recorded in Book 127, page(s) 46 and 47, of Parcel Maps, in the office of the County Recorder of said County. 0209-013-49 Lot 8, as per Map of Subdivision of Lot 10, Cucamonga Vineyard Tract, in the City of RANCHO CUCAMONGA, County of SAN BERNARDXNO, State of California, as per map recorded in Book 20, page(s) 44, of Maps, in the office of the County Recorder of said County. Except that portion described as follows: Beginning at the intersection of The Atchinson, Topeka and Santa Fe Railway Company's Northern right-of way line with the Westerly line of Hellman Avenue; thence Westerly along said right-of-way line on a curve concave to the North having a radius of 5,679.65 feet, 251.00 feet to a point radially opposite and 50.00 feet distant from the center line of said railway company's main tract at Engineer's Station 903, plus 86.52; thence on a radial line Northerly 25.00 feet; thence Easterly parallel with said right-of-way line on a curve concave to the North having a radius of 5,654.65 feet, 250.00 feet to said Western line of Hellman Avenue; thence Southerly along said line of Hellman Avenue, 25.00 feet to the Point of Beginning. Also except all that portion described as follows: Beginning at the Southwest corner of said Lot 8; thence North 00o 12' 50" East, along the West line of said Lot 8, a distance of 297.13 feet; thence South 89° 47' 10" East, 5.00 feet; Page I of 2' EXHIBIT A CONTINUED LEGAL DESCRIPTION OF THE PROPERTY thence along a curve concave to the East and whose radius is 344.265, a distance of 399.16 feet, (recorded 399.07 feet), to the Southerly line of said Lot 8; thence North 84° 49' 10" West, 212.13 feet to the Point of Beginning. Also except all that portion of said land lying within the following describedl property: Beginning at the Northwest corner of Lot 7 of said Cucamonga Vineyard Tract; thence South 0° 07' 27" East along the Westerly lines of said Lots 7 and 8t 755.43 feet to a point on a circular curve concave Southeasterly, the center of which curve is South 79° 03' 05" East, a distance of 398.02 feet; thence Northeasterly along the arc of said curve having a radius of 398.02 feet, an arc distan, ce of 483.8S feet (recorded 484.10 feet) subtending a central angle of 69° 41' 16"; thence North 0° 07' 27" Westt parallel with the Westerly line of said Lot 7~ 438.31 feet to the Northerly line of said Lot 7; thence West along the Northerly lien of said Lot 7, 326.70 feet to the Point of Beginning. Page 2 of 2 EXHIBIT B DESCRIPTION OF THE PREMISES The Premises consist of those areas described/shown below and where LANDLORD's communications antennae, equipment, cables and utilities occupy the Property. The Premises and the associated utility connections and access, including easements, ingress, egress, dimensio_ns, and locations as described/shown below, are approximate only and may be adjusted or changed by TENANT at the time of construction to reasonably accommodate sound engineering criteria and the physical features of the Property. See attached plans dated 08/07/02 Identified as SB-225-01-P1-B1 As-builts of the Premises will replace this Exhibit "B" when initialed by LANDLORD. Notes 1. This Exhibit will be replaced by As-builts of the Premises once it is received by Tenant. 2. Seiback of the Premises from the Landlord's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. Abbreviation Sheet index ~ ~ ~- ~' ~ WIRELESS ' I ' =~-:~ ~' MONOPALM SHELTER ~l .~:: --~ ~ RANCHO CUCAMONGA, CA Vicinity Map ,~=~= Consultant Teams Project Summary Approvals JJ 8o~h Elew~on ~ - , ........ East Elevation ~ ............. ' ......... .................... ~ "'" J~'~'~' Nodh Elevation ...... ~ ..... Slab F~ndsfion a~ Scorn ,,=-.,~. t2 __ _ ~g:~~~ ' Troth Detaa I ~','.,'~' 14 ~ :~', ', ~neral Notes ~ 5 Slab Connection ~ ~,--,'~' I 3 Ms.elm ~ S~E~ ~,,.~'=. -o- 'l 1 RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: c/o Cingular Wireless Mail Code GAN02 Arm: Network Real Estate Administration 6100 Atlantic Boulevard Norcross, GA 30071 MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE AGREEMENT ("Memorandum") is executed as of ,2002, by and between CITY OF RANCHO CUCAMONGA~ a municipal corporation ("Landlord"), and PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company doing business as CINGULAR WIRELESS ("Tenant"). WHEREAS, Landlord and Tenant have executed that certain Ground Lease Agreement ("Agreement") dated as of ,2002, covering certain premises and related improvements ("Premises") situated on certain real propeay located in the City of Etiwanda, County of San Bemardino, State of California, and more particularly described in Exhibit "A" attached hereto and incorporated heroin by this reference; and wHEREAS, Landlord and Tenant desire to record notice of the Agreement in the Official Records of San Bemardino County, California; NOW, THEREFORE, in consideration of the foregoing, Landlord and Tenant hereby declare as follows: 1. Demise. Landlord has leased the Premises to Tenant and Tenant has hired the Premises from Landlord, subject'to the terms, covenants and conditions contained in the Agreement. 2. Expiration Date. The term of the Agreement ("Term") is scheduled to commence on or about ,2002 and shall expire ten (10) years thereafter, subject to Tenant's option to extend the Term pursuant to Section 2 of the Agreement for four (4) additional terms of five (5) years each. 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall con~'ol. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of Ground Lease Agreement as of the date and year first written above. "LANDLORD" "TENAINT'~ CITY OF RANCHO CUCAMONGA PACIFIC BELL WIRELESS, LLC, A municipal cozporation a Nevada limited liability company By: GSM FACILITIES, LLC, its sole member By: CINGULAR WIRELESS, its agent By: By: (""~,/~ --..~/~_~. * ~_~ Title: Mayor Title: Vice President Real Estate/Special Projects Date: Date: By: Name: Title: City Clerk Date: STATE OF CALIFORNIA ) COUN'I~ OF ) On , before me, , personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within insmunent 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 instalment the person(s), or the entity upon behalf of which the person(s) acted, executed the ins~'ument. WITNESS my hand and official seaL (Signature of Notary Public) STATE OF CALHtORNIA ) ) SS. COUNTY OF ) On , before me, personally appeared ' personally know~ 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 instxument and acknowledged to me that he/she/they executed the same in his/har/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of No~sr~ Public) STATE OF CALIFORNIA ) COUNTY OF ) On , before me, , ' personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) m 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/ber/their authorized ~apacity(ies), and that by his/har/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the inslrament. WITNESS my hand and official seal. (Signature of Notary Public) EX~I]BIT A LEGAL DESCRIPTION OF TH~ PREMISES Landlord's Property of wMch Premises are a part is legally described as follows: APN: 0209-013-23 and49 All of that certain real proper~ located in the County of San Bernardino, State of California, being more particularly described as follows: APN: 0209-013-23 Parcel No. i of Parcel Map No. 9180, in the City of RANCHO CUCAMONGA, County of SAN BERNARDINO, State of California, as per map recorded in BoOk 127, page(s) 46 and 47, of Parcel Maps, in the office of the County Recorder of said County. APN: 0209-013-49 Lot 8, as per Map of Subdivision of Lot 10, Cucamonga Vineyard Tractt In the ~ City of RANCHO CUCAMONGA, County of SAN BERNARDZNO, State of California, as per map recorded in Book 20, page(s) 44~ of Maps~ in the office of the County Recorder of said County. Except that portion described as follows: Beginning at the intersection of The Atchinson, Topeka and Santa Fe Railway Company's Northern right-of way line with the Westerly line of Hellman Avenue; thence Westerly along said right-of-way line on a curve concave to the North having a radius of 5,679.6S feet, 2S1.00 feet to a point radially opposite and 50.00 feet distant from the center line of said railway company's main tract at Engineer's Station 903~ plus 86.52; thence on a radial line Northerly 25.00 feet; thence Easterly parallel with said right-of-way line on a curve concave to the North having a radius of S,6S4.65 feet, 250.00 feet to said Western line of Hellman Avenue; thence Southerly along said line of Hellman Avenue, 25.00 feet to the Point of Beginning. Also except all that portion described as follows: Beginning at the Southwest corner of said Lot 8; thence North 00° 12' 50" East, along the West line of said Lot 8, a distance of 297.13 feet; thence South 89° 47' 10" East, 5.00 feet; Page I of 2 - 4- [NITIALEDBY: EXHIBIT A CONTINUED LEGAL DESCRIPTION OF THE PREMISES thence along a curve concave to the East and whose radius is 344.265, a distance of 399.16 feet~ (recorded 399.07 feet)~ to the Southerly line of said Lot 8; thence North 84° 49' 10" West, 212.13 feet to the Point of Beginning. Also except all that portion of said land lying within the following described property: Beginning at the Northwest corner of Lot 7 of said Cucamonga Vineyard Tract; thence South 0° 07' 27" East along the Westerly lines of said Lots 7 and 755.43 feet to a point on a circular curve concave Southeasterly, the center of which curve is South 79° 03' 05" East, a distance of 398.02 feet; thence Northeasterly along the arc of said curve having a radius of 398.02 feet~ an arc distan, ce of 483.85 feet (recorded 484.10 feet) subtending a central angle of 69° 41' 16"; thence North 0° 07' 27" West~ parallel with the Westerly line of said Lot 7~ 438.31 feet to the Northerly line of said Lot 7; thence West along the Northerly lien of said Lot 7, 326.70 feet to the Point of Beginning. / Page 2 of 2 / . ~. INITIALED BY: ¥ / THE CITY 0 F J~ AN CH 0 C U C A H 0 N C.-A Staff Report DATE: February 6, 2003 TO:. Mayor and Member of the City Council Jack Lam, AICP, City Manager FROM: William J. O'NeiI, City Engineer BY: VickS Chilicki, Engineering Technician SUBJECT: RELEASE OF AN AGREEMENT FOR REIMBURSEMENT OF PUBLIC IMPROVEMENTS FOR UNDERGROUNDING OF OVERHEAD UTILITIES (URA-003) BY DR 85-48, LOCATED AT THE NORTHEAST CORNER OF HELLMAN AVENUE AND SEVENTH STREET, FOR GOLDEN WEST EQUITIES PROPERTIES, INC. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution releasing the Agreement for Reimbursement of Public Improvements for Underground of Utilities (URA-003) and authorizing the Mayor to sign said release and the City Clerk to record same. BACKGROUND/ANALYSIS: An Agreement for Reimbursement of Public Improvements for the Underground of Utilities on Hellman Avenue at the Northeast intersection of Seventh Street, was approved by City Council on October 4, 1989 and recorded November 20, 1989, as Document No. 89-439169 in the office of the County Recorder, San Bernardino County, California. Per the agreement, the adjacent properties benefiting from the undergrounding were to reimburse this developer. We have received a letter (Exhibit "B") dated February 3, 2003, of full satisfaction of payment in full from the developer, Golden West Equity Properties, and a request to release the agreement against the benefiting parcels APN No's 209-151-28 thru 32. Resj~xull y submitted, City Engineer WJO:VC:dlw Attachments RESOLUTION NO. lO..~- 0 ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR REIMBURSEMENT OF PUBLIC IMPROVEMENTS (UNDERGROUNDING OF UTILITIES URA-003) FOR DR 85-48, GOLDEN WEST EQUITIES PROPERTIES, INC. WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 89-451 approving an Agreement for Reimbursement of Public Improvements (Undergrounding of Utilities URA-003) for the project DR 85-48 by Golden West Equity Properties, Inc.; and WHEREAS; said agreement for Reimbursement of Public Improvements was recorded in Official Records of San Bemardino County, California, on November 20, 1989, as Document No. 89-439169; and WHEREAS, said Agreement of Reimbursement for Public Improvements for Undergrounding Utilities is no longer needed, as a request for release has been received and statement of full payment being made for the benefiting parcels, APN's (209-151-28 thru 32), (see attached Exhibit "A"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Agreement for Reimbursement of Public Improvements for (Undergrounding of Utilities URA-003) for the Project DR 85-48 by Golden West Equity Properties, Inc., and that the City Clerk shall cause this Resolution of Release to be recorded in the office of the County Recorder of San Bemardino County, California 209l$128 Scope of Under~round Work- SCE and Cable T.V. from 'riser 20~151~g of SEC ?~h/Hellnmn north to first riser north of property 10915130 r/ Undergrounded Utilities 20917157 [ ~ Seventh Street ~..A~: 1"= ~00' CITY OF rrna, ~ A~. ,~ 8~ RANCHO CUC~0NGA' ~G~G D~ON Golden West Equity Properties, Inc. c/o Master Development Corporation 1401 Quail Street, Suite 100 Newport Beach, CA 92660 February 3, 2003 City of Rancho Cucamonga Engineering Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Atto: Ms. Vickie Chilicki Re: Full Satisfaction of Payment Agreement for Reimbursement of Public Improvements (Underground Utilities) - NEC Hellman & 7th Street Project: DR 8548; Document No. 89439169 This letter is written to notify the City of Rancho Cucamonga that the undersigned Developer, Golden West Equity Properties, Inc., has received payment in full under the terms of the above referenced agreement. All Benefit Parcels (APN 209-151-28,29,30,31,& 32), which were due to reimburse Developer at the time said adjacent parcels themselves are subdivided or developed, have made payment directly to Developer from Hellman Industrial Park, a limited partnership. Therefore, the City's obligation to collect any monies due Developer under the referenced agreement are no longer required. Please process and issue a City Release of this Reimbursement Agreement and forward a copy to me as soon as possible. Should you have any questions, please call me at (949) 724-8886 ext. 227. Very truly yours, Golden West Equity Properties, Inc. Bruce McDonald President cc: Mr. Terry Antonnelli, L'Opera Restaurant Mr. Russ Romero, First American Title Insurance Company (Re: Escrow No. ADAM 1133) Exhibit "B" H:/edBP. M/public/Golden Wes, Equity/Febr~ar~ 3 /~/ a~l t ~v:, Is .... ~n 16__ ~CORD£D CiTY OF ~NCHO CUC~ON~ .... -- P.O. BOX ~7 ~NCHO CUC~N~, C~IFORNIA 91729 CO. CALIF. 89 439169 (~~tng of ~tl~Ues) P~t: T~ts Agte~nt ts ma~ and ente~d ~ · , 29~ . b~ and bet~e~ 0F ~CH0 Municipal ~orporatlon ~neretnatter re~er~ed ~ as ~CZTY ) and Go[de~ ~es~ ~qu2~y ~:opet:tea, ~c., a ~a~o:~a cotpo:a:2on ~ere~nafter retet~ed ~e over.ad ut~11~ Hnes assocta~d w~th the proj~t of DEVELOPER. A. ~t~1s. (t) 0EVELOPER has heretofore processed cer~tn approvals and/o~ ent~tlments for the develop~nt and construction of a pro~t ~tth~n the C~TY. (H) As a m~rtal condition of sa~d approval of the pro~ect of DEVELOPER, the DEVELOPER was ~qutred ~ underground a portton of the overhead uttltt~ Hnes assoctated w~th DEVELOPER's pro~t. Sald condition for underground~n9 ts set forth ~n Exhtbtt 'A', attached hereto and Incorporated b~ thts ~ference. (HI) Pursuant to Planntng C~tsston Resolution No. 87-96. ~en a spectflc condition of develo~nt appeoval requtres ~he underg~undtng of ~e overhead utt11~ l~nes and ~e re.va1 of ~la~d supporting poles, ~f a~, a~acent ~ and wtthtn the l~m~ts of the ~velopment. It ~s the pol~c~ of CZ~ to, whe~ feasible, at~t to collect and ret~utse f~s for underground~n9 from ~ose a~ac~nt parcels benefitting dt~ctl~ fr~ such undergroundtn9 act~vt~ at the tt~ said a~acent paecel s themselves are subdfvtded or developed. (tv) The parcel or parcels a~acent to the pro~t of OEYELOPER which a~e d~rectl~ benefitted b~ the ut~11~ underg~undtn9 acttv~ of DEYELOPER are set ~orth fna ~sc~tptton attached hereto as Exhtbtt ~B~ and ~ncorpo~a~d here~n b~ ~hts reference (heee~naftet, sa~d paecel o~ parcels are ~eferted ~ as the ~Beneftt Parcel ") . (v) The ~neftt Parcel(s) a~acent to the pro~ect of the Developer, which have contributed ~ the C~t~ ~n the past fees ~n Heu of unde~g~undtng of overhead uttltttes speclf~ca11~ for the undergtoundtn9 ~rk perfo~d b~ the Developer. and/or Beneftt Parcels ca~9ot~cal~ exit fe~ underg~undtng ~qutr~ents as sttpula~d tn Planntng C~tsston Resolution No. 87-96, are set forth tn a description attached hereto as Exhtbtt 'C~ and Incorporated he~etn b~ reference (hereinafter, sa~d parcel or parcels are referred ~ as the" Exit Parcel"). .................................. · 89-439169 (vi) CITY is willing, upon the terms and conditions set forth herein, to collect a fee or charge from the Benefit Parcel to reimburse OEVELOPER for utility .undergroundtng as provided in this Agreement. The esttmeted cost to be reiabursed to the Oeveloper by each "Benefit Parcel" is sueaertzed in Exhibit 'D', attached hereto and incorporated by this reference. (vii) Ten (10) days prior to the approval and execution of this Agreement, CITY has provided notice, by certified eat1, return receipt requested, to those persons, liras, corporations or associations owetng an interest in the Benefit Parcel, of the CITY's tntent to enter into this Agreement. NOW, THEREFORE, it is agreed by and between CITY and OEVELOPER as follows: I. tn all respects as set forth in the Recitals, Part A, of this Agreement. ~ 2. OEVELOPER shall, at DEVELOPER's own expense, furnish all labor, equipment and materials, and pay ali costs tnctdent to the undergroundtng of utilities as described tn Exh~bft "A". Unless specifically requtred by the condition of undergroundtng (Exhtbtt "A"), all required uttltty undergroundfng shall be completed at the same tJme as those related public improvements for the frontage of DEVELOPER's p~oJect a~e completed. Upon completion of all requlred undergroundtng, the OEVELOPER shall submit to the City Engtneer verification of complete and approved utility undergroundtng from the appropriate public utilities. 3. CITY hereby agrees to reimburse OEVELOPER any uttltty underground~ng fees, as p~ovtded tn thts Agreement, collected from any person, ftre, corporatJon or association, their successors or assigns, o~nfng an interest In the Benefit Parcel (Exhlbtt "B"). 4. DEVELOPER shall be ellgtb]e for retmbursoment of fees and charges from the Beneftt Parce] for the undergroundtng activities as follows: .a. When the condition of underground~ng (Exhibit "A") requfres utility undergroundtng of 11nes only on the OEVELOPER's project side of the street, the OEVELOPER shall be eltgtble for one-half reimbursement of such uttltty undergroundtng from the Benefit Parcel on the opposite side of the street when such Benefit Parcel is subdivided or developed. Undergroundtng costs of overhead uttlltles on the project slde of street beyond the street frontage of the development shall be subject for reimbursement from the properties on both sides of the street. b. When the Condition of undergrounding requires DEVELOPER to underground uttlfties on both sides of the street, the OEVELOPER shall be eltgtble for reimbursement tn a total equivalent to one-half the total undergrounding on both s~des of the street. 5. OEVELOPER shall be entitled to such eltgtble reimbursement of fees or charges collected following the date of thts Agreement from the Benefit Parcel ~n an amount equal to the lesser of the two total amounts as follows: 4 9169 a. The actual cost t~curred to c~]ete the utility underg~ndin~ Itogether ~tth ~nterest ~r~ the d~ ~ tb~ ~e~t ~t the ~te *(1~) per ann~, st~le ~nterest). DEVELOPER sham p~vtde ~e C~ Engtnee~ a cost breakd~ and accounting of all such ut~11~ undergroundtng cos~ ~n a rom saMsfac~ry ~ the Ct~ Engtn~r. b. The ~unt of t~ CITY approved ~n-11eu f~ for utt11~ underg~und;ng (as applled to DEVELOPER's ellg~ble undergroundtng act~v~) effect at the tt~ of collection fr~ the ~neflt Parcel. 6. Developer shall be entitled ~ such eligible re~u~nt of fees or charges collec~d by the CJ~ from ~e Benefit Parcel prJo~ ~ the &~ of th~s Agre~ent In an ~unt equal ~ the lesser of t~ ~ ~tal a~unts as follows: a. The actual cost incurred to co~le~ the uttlt~ undergroundlng. b. The underg~undJng ~n-11eu f~ collected by the C~. 7. The ~e~urs~nt of ~e f~s and charges as set forth tn thts Agre~ent shall be pa~d to DEVELOPER f~ t~ to ti~ as fees a~ collected fr~ the Beneftt Parcel as such parcel ~s subdivided or developed. If ~ than one Benefit Parcel ~s susceptible to the collection of ~et~u~sment funds as p~vJded in th~s Agreement, re~urs~nt fees o~ cha~ges shall be pro-ra~d between such Benefit Parcels based on the ltnear foot fron~ge of such Pa~cel factng DEVELOPER's project and shall be co11~d in such pro-rat~ amount as each such Parcel is subdivided o~ developed. Hoover, all ~tght of refmburse~nt shall cease ~en~ (20) years afar the date of th~s Agre~ent, ~he~e~ or not ~e ret~urs~nt ~unt provided Jn th~s Ag~e~nt h~s been delivered o~ partially delivered to DEVELOPER. 8. DEVELOPER m~ asMgn a~ and all r~ghts ~ ret~u~s~nt under th~s Agre~ent by provJdtng a ~ritten, re,tried, nottce ~o the CITY. Such assJg~ent shell only be effective ~Jth respect ~ a ~el~urs~nt fee collated ~re than thtrty {30) d~s follo~Tng the receipt of such ~rttten, verified noMce of one ~re persons, fires, co~porations or ass~iat~ons hold the ~Jghts ~ the ~eJmbu~ent provided ~n th~s Ag~nt, the CI~ ~ deliver a~ ret~u~s~nt any one such persons, e~., end such rei~urs~nt shell be dee~ recetved by a11. 9. Any noMce or ~e~urse~ent funds collected pursuant ~ thts Agre~nt shall be provided to DEVELOPER at the address as follows: Golden ~est Equity Prope;t~es; Inc. 3991 ~cArthur Blvd. ~ Sulte 200 ~e~ott Beach~ CA 92660 10. If, within sixty (60) days after collection of such reimbursement fees or costs, the CITY has not been able to contact DEVELOPER at the address provided in paragraph g, above, or has not been notified by DEVELOPER or their assignees of a new address to deliver such funds, such right to reimbursement, in whole, or in part, shall be deemed waived, and any funds so collected shall be put into an account of CITY for the development of public improvements of CITY. 3 439169 11. If the fee or charge esteb]tshed by this Agreement is hereinafter declared ~nvaltd or unenforceable by preemptive legislation or a court of competent 'Jurisdiction, all of DEVELOPER's rtghts to reimbursement shall cease and terminate. Iioth~ng herein shall be construed as a warranty by CITY that it wtll be able, legally or otherwise, to collect on account of DEVELOPER the reimbursement fees as provided heretn, nor shall th~s Agreement establish an obligation upon CITY to expend funds tn l~ttgatton with respect to the collection of such fees. CZTY's only obligation tn this Agreement ts the attempt to collect such fees and charges, wtthout llttgatlon, and to make reimbursement to DEVELOPER out of those fees and charges actually collected. 12. Thts Agreement contains the enttre terms and conditions between CITY and DEVELOPER wlth respect to the subject matter hereof. Thts Agreement cannot be modified except by an Agreement ~n w~ittng, approved by CITY and DEVELOPER. 13. Th~s Agreement shall be interpreted according to the laws of the State of California. 4 IN WITNESS WHER£OF, the parties hereto have executed this Agreement on the .da~ and year f~est above ~rttten. ~ CITY ~ ~CHO CUC~N~, GOLDEN ~EST EQU~ PROPERTIES, ~NC., C~IFORNIA, a munfcfpal a California corporaclon coPpo~on ~. ~_~ Bruce McDonald, PresldJnt liTE ST: ~ oe~ra ~. ~ams Cft~ Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SRN BERNARDINO) On , 19 , before~e the un~ersJgned Notary PUDI1C, personally appeared and personally Known to ee to be the Mayor and city Clerk, respectively, of the Oil! OF RANCHO CUCANOWGA, CALIFOR#IA, a municipal corporation, and known to ~e to be the persons who executed the within instrument on behalf of said auntctpal corporation, and acknowledged to me that such ;untcipal corporation executed WITNESS MY HANO ANO OFFICIAL SEAL Notary Signature 5 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO } se. CITY OF RANCHO CUCAMONGA ) e JAN S TON, DeL~uty City Clerk of the Cit[ of Rancho Cuggmonga, personally proved tome on the basis of Bat£afactory evidence to be the persons who executed this instrument as Mayor and City Clerk, respectively, of the City of Rancho Cucamonga, a municipal COrporation existing and organize~ under the laws of the State of California, and acknowledged to me that the City of Rancho Cucamonga executed it. ¢lt~ of Raecho cucamo~& STATE OF CALIFORNI )ss. On SeoteIaber 20, ~989 beforeme, the undersigned, a Nota~ Public in and for said State, personally appeared Bruce McDonald _and pemonally known to me (or proved to me on the suchcorporationexecutedthewithininstrumentpursuanttoits t ~ IRENE [CHULTEN CITY OF RANCHO CUCAMONGA M*yor Jori D..Mikels C~rles J. Buquet n Jeffrey K~g 1977 Richard 31, Dahl l~mela J. Wright April 3, 1986 Alan Belohlavek Carli Architecture 1608West Gienoaks Blvd. Glendale, California 91Z0! SUBOECT: OEVELOP~IENT.. REVIEW Oear ~r. Selohlavek: The development review process for the above project has been successfully completed and approval has been granted based upon the following findings and conditions. Thank you for your participation and cooperation during this process. We sincerely hope that this process has been a positive experience for all involved. This decision shall be effective following a ten-day appeal period beginning with the date of this letter. Findings A. That the proposed use is in accord with the objectives of the Industrial Area Specific Plan and the purpose of the zone in which the site is located. B. That the proposed use together with the conditions applicable thereto will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. C. That the proposed use will comply with each of the applicable provisions of the Industrial Area Specific Plan. Conditions This project is approved suOject to the following conditions and attached standard conditions. Planning Oivision: 1. Building accent bands and reveal lines to be continued along the rear of the two {2) buildings along the north boundary line. 9320 BASELINE ROAD, SUITE C · POST OFFICE BOX 807 * R.~'~CHO CUCAMONGA, CALIFORNIA 91730 * (714) 989-1851 Mr. Belohlavek March 24, 1986 Page 2 2...Estbbl.ish continuous pedestrian/landscaPe linkage al6ng "c&nter throat from 7th Street to Building "G" & "H". 3. The combination of the orange accent band and red accent treatment shall not be used on any building. 4. Before painting the red accent treatment, an actual p;F~nt sample shall be submitted for review and approval by the City Planner. 5. Provide texturized pavement for the connecting walkways between the public sidewalks on 7th Street and interior pedestrian walkways, Buildings "A" & "E", "B" & D, "E" & "H" and "D" & G. Continue this same texturized treatment with landings on adjacent walkways along the main throat off of 7th Street. (See attached detailed plan Exhibit "A"). 6. Increase landscaping at the south end of Building "D" east elevation in the order of three trees and vine pockets. 7. Provide two seat bench areas at the south end of Building "E" west elevation. 8. Provide a minimum of four feet wide landscapped planters plus a pedestrian walk on the west and east sides of Buildings "A" & "B" respectively. g. See Department of Community Development Standard Conditions. Engineering Division: 1. Notice of intent to join the proposed Median Island Landscape District shall be filed with the City Council prior to building permit issuance. 2. Existing overhead utilities on Hellman Avenue fronting the project shall be placed underground prior to issuance of an Occupancy Permit. All utilities within the project shall be installed underground. Reimbursement agreement for one-half the cost of undergrounding these utilities may be requested by the developer. Please note that some conditions require completion of certain items prior to issuance of building permits. Mr. Belohlavek March 24, 1986 Page 3 a9-43916'9 Should you have any questions, please contact Dino Putrino of this office. Thank you for your complete cooperation. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Brad Buller City Planner BB:DP:das ' 9-439169 209t5136 20917101 20917140 2~915128 Scope of Undersround Work- SCE and Cable T.V. from riser 20915129 of SEC 7th/Hellman north to first riser north of property 20915130 20915132 Utilities 20917157 20915131 { Seventh Street [ 2091610~ 20934169 20934160 2092 34 ~20934170 ~209~~:15': 20934161~ L 20916104 38 ~J SCALE: 1"= 200' N CITY OF rr~ .~ ~v~. ,~ ~-~ RANCHO CUCAMONGA' TrrL& ~D~R~ o~ ~.m~s ENG~G DIVISION ~~ ~ ~ eaton' -o' 9-' 39169 "Benefit Parcel s' ASSESSOR'S PARCEL NO.: 209-151-28 LEGAL DESCRIPTION: Parcel I of Parcel Map No. 5325, in the City of Rancho Cucamonga, County of San Bernardtno, State of California as per plot ~ecorded in Book 51 of Parcel t4aps, Pages 28 and 29, records of Said County PROPERTY OgNER: Hellman Industrial Park a Limited Partnership OW#ERS AOORESS: 17744 Skypark Circle Ste. 276. Irvtne, CA g2714 ASSESSOR'S PARCEL NO.: 209-151-29 LEGAL OESCRIPTION: Parcel 2 of Parcel Map No. 5325. tn the City of Rancho Cucaeonga, County of San Bernardtno, State of California as per plot recorded in Book 51 of Parcel Maps, pages 28 and 29, records of said County PROPERTY O~ER: Hell,an Industrial Park a Ltml~d Partnership OWNERS ADDRESS: 17744 Skypark Circle Ste; 276, Irvtne, CA 92714 8 "Benefit Parcel s" ASSESSOR'S PARCEL NO.: 209-151-30 LEGAL DESCRIPTION: Parcel 3 of Parce] Hap No. 5325, in the City of Rancho Cuca~onga, County of San Bernardtno, State of California as per plot recorded tn Book 51 of Parcel Haps, Pages Z8 and 29, records of Satd County PROPERTY ONWER: Hellmn Industrfal Park a Lfmtted Partnership ONNERS AOORESS: 17744 Skypark Circle Ste. 276, Irvlne, CA 92714 ASSESSOR'S PARCEL NO.: 209-151-31 LEGAL DESCRIPTION: Parcel 4 of Parcel Nap No. 5325, in the City of Rancho Cucaeonga, County of San Bernardtno, State of California as per plot recorded in Book 51 of Parcel Haps, pages 28 and 29, records of said County PROPERTY O~ER: Hellman Industrial Park a LJmtted Partnership OWNERS AOORESS: 17744 Skypark Circle Sta. 276, Irvtne, CA 92714 9 -4 9169 "Benefit Parcel s" ASSESSOR' S PARCEL NO.: 209-151-32 LEGAL DESCRIPTIOI~: Parcel 5 of Parcel Map'No.' 5325,' ~n the Ctt~y of Rancho Cucamonga, County of San Bernard~no,'State of California as per 'ptot 'recorded-~n Book 5! of Parcel Maps, Pa~les 28 and'29~ records of Satd County · PROPERTY OI~NER: Hellman Industrial Park a Ltmtte~ Partnership Ot~#ERS AOORESS: 17744 'Skypark Ctrcle Ste. 276; Irvtne, CA 92714 ASSESSOR'S PARCEL flO.: 209-161-04 SEE EXEMPT PARCEL EXHIBIT "C" ASSESSOR'S PARCEL #0.: 209-161-05 SEE EXEMPT PARCEL EXHIBIT "C" ASSESSOR'S PARCEL ilO.: 209 341-70 SEE EXEMPT PARCEL EXHIBTT "C" 10 9-439169 "E](]IIBIT C' "Exenpt Parcels" ASSESSOR'S PARCEL NO.: 209-161-04 LEGAL DESCRIPTION: The North 1/2 of the East 1/2 of Lot 11, Section 15, Township 1 South, Range 7 West San Bernardtno Base and Meridian according to the map showing Cucaeonga Fruits Lands, in the City of Rancho Cucaaonga, County of San Bernardtno, State of California, as per map recorded'in Book 4, Page 9 of Maps. PROPERTY OWNER: Rancho Park Venture OWNER'S AOORESS: 129 Cabrtllo Street CostaMesa, CA 92627 ASSESSOR'S PARCEL NO.: 209-161-05 LEGAL DESCRIPTION: The East 120 feet of the North gO feet of the East 1/2 of Lot 11, Section 15, Township i South, Range 7 West, San Bernardtno Base and ~4eridtan according to the map showing Cucamonga Fruit in the City of Rancho Cuca~onga, County of San Bernardtno, State of California, as per map recorded in Book 4, Page g of Maps. PROPERTY OWNER: Rancho Park Venture OWNERS AODRESS: 129 CabrJllo Street Costa Mesa, CA 92627 11 89-439169 'EXHIBIT C' (Continued} "Exen~pt Parcel s" A~SSESSOR' S PARCEL N0.: 209-3¢1-70 LEGAL DESCRIPTION: Lot 10, Tract No. 9314 in the City of Rancho Cucamon~la County of San Bernardino, State of California, as per Hap ~ecorded in 8ook 132 of Haps, Pages 37 through 77, inclusive. PROPERTY OWNER: Christopher and Marlsa Ward OWNERS ADDRESS: 911Z KtrkwoodAvenue Rancho Cucamonga, CA 92627 12 .......... ~,,~ PROJECT: DR 85-48 DATE OF AGRE£MEI~I': ~/~o/$ ? ~ EXPIRATION DATE OF AGREEMENT: EXHIBIT 'D' Reimbursement Schedule Based on Actual Costs I. II. III. IV. V. VI. VII. Reimbursement Reimbursement Cost @ Time Of Reimbursement based on City Lesser of Assessor's Reimbursement Cost Including Approved in Columns Date Date Parcel No. Agreement Interest * Lieu of Fee * III or IV Received ** Reimbursed** 209-151-28 $ 8,666.88 209-151-29 $ 5,328.00 209-151-30 $ 7,104.00 209-151-31 $20,154.05 209-151-32 $ 5,349.3! 209-161-04 EXEMPT ~ ~09-161-05 EXEMPT S $,~G. ~' .~ "/,~) $~ 209-341-70 EXEMPT * See Section B.5.a and B.5.b of the Reimbursement Agreement. ~* All rights of reimbursement shall cease Twenty Years after the date of this agreement (See part B.6 of Agreement) R A C H O C U C A M O N G A ENGINEERING DEPARTHENT Staff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR CUP 99-24, SUBMI'I-rED BY RANCHO TECHNOLOGY LLC, LOCATED ON THE NORTHWEST CORNER OF ARCHIBALD AVENUE AND NINTH STREET RECOMMENDATION: The required improvements for CUP 99-24 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of CUP 99-24, located the northwest corner of Amhibald Avenue and Ninth Street, 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: Rancho Technology LLC Release: Faithful Performance Bond Cash $10,368.00 Accept: Maintenance Bond Cash $ 1,152.00 City Engineer RESOLUTION NO. O--~- (~)'~' q A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 99-24 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 99-24, 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. R A N C H O C U C A M O N G A 1~ N G IN E E DING 1) E P^ l~ TI~I E N T DATE: February 19, 2003 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: ,~.CCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2001-00493, SUBMI'I-I'ED BY LINDSAY-ONTARIO LLC, LOCATED ON THE NORTHWEST CORNER OF MILLIKEN AVENUE AND FIFTH STREET RECOMMENDATION: The required improvements for DRC2001-00493 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2001-00493, located on the northwest corner of Milliken Avenue and Fifth Street, 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: Lindsay-Ontado LLC · 8700 west 36th Street, MB# 11 Suite 4E St. Louis Park, MN 55426 Release: Faithful Performance Bond Cash $9,900 Accept: Maintenance Bond Cash $1,100 W~jff.ully submitted, City Engineer 121 SITE lq CITY OF RANCHO CUCAMONGA ENGINE.~G DIVISION RESOLUTION NO. 03-0 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00493 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2001-00493, 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. I' HE CITY OF Staff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda Beek, Junior Engineer SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRCDR01-03, SUBMITTED BY FULLMER CONSTRUCTION, LOCATED ON THE EAST SIDE OF HERMOSA AVENUE, NORTH OF SHARON COURT RECOMMENDATION: The required improvements for DRCDR01-03 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRCDR01-03, located on the east side of Hermosa Avenue, north of Sharon Court, 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: Fullmer Construction 1725 South Grove Avenue Ontario, CA 91761 Release: Faithful Performance Bond 24-000-511 $30,800.00 Accept: Maintenance Bond 24-000-511 $ 3,080.00 Respectfully submitted, William J. O'Neil City Engineer Attachment VICINITY MAP 8 th S1 ?EET PROJECT'SI CITY OF RANCHO CUCAMONGA /2.5' RESOLUTION NO. O..~'-O ~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRCDR 01-03 AND AUTHORIZING THE FILING OFA NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRCDR 01-03 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /z/,, THE CITY OF ]~^NC II 0 C IJ CAbl ONGA Staff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena SUBJECT: APPROVAL OF AMENDING MAP TRACT NO. 14875, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND CHURCH STREET, SUBMITTED BY ARCHIBALD GARDEN VILLAS PARTNERSHIP, A LIMITED PARTNERSHIP RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving Amending Map Tract No. 14875, and authorizing the City Clerk to cause said map to' record. BACKGROUND/ANALYSIS: Tract No. 14875, located at the southeast corner of Amhibald Avenue and Church Street, was approved by City Council on February 21, 2001, and recorded on May 3, 2001. Changes in some of the lot lines of the map to accommodate specific housing units conform with the Subdivision Map Act. The Developer, Archibald Garden Villas Partnership, a Limited Partnership, is submitting the Amending Map at this time for approval. Respectfully submitted, W~,Neil~/~ City Engineer W JO:WV:sc Attachment /27 RESOLUTION NO. O.~-Oq~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDING MAP TRACT NO. 14875 WHEREAS, the Amending Map of Tract No. 14875, consisting of one lot, submitted by Archibald Garden Villas Partnership, a Limited Partnership, developer, located at the southeast corner of Archibald Avenue and Church Street, has been submitted to the City of Rancho Cucamonga by said developer for approval by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, the original Tract Map No. 14875 was approved by the City Council on February 21, 2001, and recorded on May 3, 2001, Book 281, Pages 65 through 68; and WHEREAS, the developer has made number of changes of lot lines to accommodate specific housing units; and WHEREAS, to meet the requirements established as prerequisite to approval of the Amending Map of said Tract, said developer submits for approval said Amending Map offering for dedication for public use the corner cutoff delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that the offer for dedication and the Amending Map delineating the same are hereby approved and the City Clerk is authorized to execute the certificate on behalf of said City and record said map. R A N C H O C U C A M O N G A Staff Report DALE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT': ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16128, SUBMII-I'ED BY D. R. HORTON, LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT RECOMMENDATION: The required improvements for Tract 16128 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16128, located on the northeast corner of Base Line Road and San Carmela Court, 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: D.R. Horton 119 North Maple Street Corona, CA 91880 Release: Faithful Performance Bond 6105687 $2,257,000.00 Accept: Maintenance Bond $ 225,700.00 Respectfully submitted,. City Engineer W JO:LB RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16128 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16128 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I~ A N C H O C U C A M O N G A E NGINEI~RING DI~PARTPIENT Staff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry Dyer, Associate Engineer/~ Richard Oaxaca, Engineering T~chnician ~ SUBJECT: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 929203528 IN THE AMOUNT OF $65,259.00, FOR THE ACCESS RAMP IMPROVEMENTS GENERALLY LOCATED ALONG HERMOSA AVENUE AND LEMON AVENUE, CONTRACT NO. 01-078 RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 929203528 in the amount of $65,259.00 for the Access Ramp Improvements Generally Located Along Hermosa Avenue and Lemon Avenue, Contract No. 01-078. BACKGROUND/ANALYSIS: The required one-year maintenance period has ended and the landscape improvements remain free from defects in materials and workmanship. Contractor: Gdgolla & Sons Construction Co., Inc. 947 W. Gladstone Avenue Azusa, CA 91702 Respectfully submitted, O'Neil City Engineer WJO:JD/RO:Is Attachments VICINITY MAP ADA 2000/2001 ACCESS RAMP IMPROVEMENTS LOCATED AT VARIOUS LOCATIONS ALONG HERMOSA AVE. AND LEMON AVE. PROJECT LOCATION EXHIBIT R A N C H O C U C A M O N G A E NGIN~:EI~IN G DgDAI~T~IENT Staff Report DATE: February 19, 2003 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 Richard Oaxaca, Engineering Technic'~ ;~ SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 3419309 IN THE AMOUNT OF $8,374.00, FOR THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT ROCHESTER AVENUE AND LARK DRIVE, CONTRACT NO. 01-025 RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 3419309 in the amount of $8,374.00 for the Traffic Signal and Safety Lighting at Rochester Avenue and Lark Drive, Contract No. 01-025. BACKGROUND/ANALYSIS:. The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Contractor: DBX, Incorporated 42066 Avenida Alvarado, Suite C Temecula, CA 92590 Respectfully submitted, O'Neil City Engineer WJO:JTH/RO:Is Attachments C.1T"r' OF: F~,,5,NC_.NO C_..UC_..,,5,1"flON~,,~, Tt~AFFIC, 51~NAL f=f~OJEOT VICINITY I"I,,&P HIGHI,),ND PARK · BLV~ NTS ~ l~och~s~r Av~..~ L~rk Dr. OP. OINANCE NO. 700 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 9.18 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING MISCELLANEOUS OFFENSES The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1. Chapter 9.18 (Miscellaneous Offenses) of Title 9 (Public Peace, Morals and Welfare) of the Rancho Cucamonga Municipal Code is hereby amended to add a new section as follows: "9.18.014 Public urination and defecation prohibited. No person shall urinate or defecate in or upon any public street, sidewalk, alley, park, public building or publicly maintained facility, or in any place open to the public or exposed to public view, except in a toilet, urinal or other receptacle provided in any restroom, bathroom or other facility designed for the sanitary disposal of human waste. This section shall not apply to any person who cannot comply due to disability, age, or a medical condition substantiated by a physician." Section 2. Penalties for violations. Anyperson violating'any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction therenf shall be punished in accordance with the provisions of Section 9.18.020, "Penalties for violation of chapter." Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect thc validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declarad invalid or unconstitutional. Section 4. The City Clerk shall certify to the adoption of this Ordinance. PASSED AND ADOPTED this day of ,2002. Mawr 1 I. 7 I, DEBBIE ADAMS, City Clerk of the City of Rancho Cucamonga do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on __ day of ,2002, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga on the day of ,2002, by the following vote: AYES: NOES: ABSENT: ABSTAINED: ATTEST: Debbie Adams City Clerk, City of Rancho Cucamonga 11231/0001/709521.1 ORDINANCE NO. 7~)/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING GRAFFITI PROHIBITION AND REMOVAL The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1. Section 8.24.020 (Definitions) of Chapter 8.24 (Graffiti Prohibition and Removal) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "8.24.020 Definitions. "Aerosol paint container" means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. "Code enforcement officer" means the city manager or his or her duly authorized representative(s). "Etching substance" means any type of liquid, cream or paste product used to permanently etch glass. Ingredients of such etching substances may include, but are not limited to, ammonia/sodium bifluorides and sulfuric acid. "Felt tip marker" means any tipped style marker or similar implement with a tip which is at least one-eighth (1/8) of one inch in width at its broadest width. "Graffiti" means any inscription, word, figure, picture, painting, design, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, engraved, pasted, or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or despite advance authorization, is otherwise deemed by the code enforcement officer to be a public nuisance. "Graffiti implement" means an aerosol paint container, a felt tip marker, paint stick or graffiti stick, etching substance, or any other device containing any solution or substance capable of scarring or leaving a visible mark at least one- eighth (1/8) of one inch in width upon any surface. "Paint stick" or "graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, of teaving a mark at least one-eighth (1/8) of one inch in width." 11231/0001/689642.t Section 2. Section 8.24.100 (Penalties and Civil Liability of Parents) of Chapter 8.24 (Graffiti Prohibition and Removal) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended by replacing subparagraph D with the following text to read as follows: "D. Pursuant to California Civil Code Section 1714. l(b), any parent or legal guardian having custody and control of a minor shall be jointly and severally liable with the minor for any damages resulting from any willful misconduct of the minor which results in the defacement of property by graffiti, and for all attorneys fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, not to exceed twenty-five thousand dollars ($25,000)." Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the adoption of this Ordinance. PASSED AND ADOPTED this day of _, 2002. Mayor I, , City Clerk of the City of Rancho Cucamonga do hereby certify that the foregoing Ordinance was introduced at a regular meeting of thc City Council of the City of Rancho Cucamonga held on day of ,2002, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga on the __ day of , 2002, by the following vote: AYE S: NOES: ABSENT: ABSTAINED: ATTEST: City Clerk 1123 t10001/689642.1 TH E C I T Y 0 F ]~AN C H 0 C IICAI~I 0 N GA Staff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: CONSIDERATION OF RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT 2003-01; APPROVING JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS WITH CUCAMONGA COUNTY WATER DISTRICT, ETIWANDA SCHOOL DISTRICT, AND CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT; AUTHORIZING THE LEVY OF A SPECIAL ASSESSMENT TO FINANCE CONSTRUCTION OF CERTAIN PUBLIC FACILITIES; DECLARING THE NECESSITY TO ISSUE BONDS SECURED BY THE SPECIAL TAX; CALLING A SPECIAL ELECTION OF QUALIFIED LANDOWNERS; CERTIFYING ELECTION RESULTS, AND ADOPTION OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAX IN IMPROVEMENT AREAS NO. 1, AND 2 OF THE DISTRICT. RECOMMENDATION It is recommended that the City Council approve the attached Resolutions to establish Community Facilities District 2003-01, authorize the levy of a special tax to finance the public facilities, declare public necessity to issue bonds and calling a special election of landowners. It is also recommended that the City Council approve a Resolution authorizing Joint Community Financing Agreements with Cucamonga County Water District, Etiwanda School District, and Chaffey Joint Union High School District. It is further recommended that following the public hearing and special election, the City Council adopt the Resolution certifying the election results and Ordinance authorizing the levy of a special assessment. BACKGROUND/ANALYSIS On December 18, 2002, the City Council approved Resolutions declaring intention to form Community Facilities District (CFD) 2003-01 to fund public improvements in the undeveloped area generally bounded by Church Street on the north, Arrow on the south, Rochester on the west, and 1-15 and Etiwanda Avenue on the east. Over the past several months, a number of meetings were held with property owners within the proposed District boundaries to discuss participation in the CFD and benefits to their property. As a result of those meeting, the attached Boundary Map has been established to include properties participating in the finance district. Properties not included within the District boundaries but receiving benefit from the improvements will be required to reimburse the City when the property is developed, under terms of the Advance Repayment Agreement presented as a separate item on this agenda. The District has been divided into two improvement areas: Improvement Area No. 1 consists of currently vacant mixed use zoned property generally located south of Church, north of Foothill, west of future Victoria Gardens Lane, and east of Day Creek Boulevard. Improvement Area No. 2 consists of currently vacant commercial non-contiguous property. One parcel of approximately 20 acres is generally located east of future Victoria Gardens Lane, and south of Church Street, north of Foothill Boulevard. Approximately 60 acres are located west of I-15, south of FoOthill Boulevard and east of Day. Creek Channel. The District will construct street, traffic signal, storm drain and sewer improvements to provide flood protection and improve circulation in the eastern portion of the City. Engineer's estimates indicate necessity to issue bonds at a maximum of $16 Million for Improvement Area No. 1, and $4 Million for Improvement Area 2. Debt service on the bonds is paid through special assessments placed on the properties receiving direct benefit, without impact to the City's general fund. The Redevelopment Agency will advance the pre-rata share of properties that receive benefit from the improvements, but are not participating in the District. The costs will be reimbursed at the time the non- participating properties develop through the Advance Repayment Agreement between the.City and Agency. Included among the public facilities proposed to be constructed are certain water and sewer facilities necessary to serve the property within the proposed Community Facilities District and which will be owned, operated and maintained by Cucamonga County Water District. At the request of the landowner in Improvement Area No. 1, the Community Facilities District will also finance certain school impact fees required by Etiwanda School District and Chaffey Joint Union High School District for development of commercial property within that zone. The cost of financing the school impact fees will be solely assessed on the commercial property within Improvement Area No. 1. The Mello-Roos Act provides that a CFD may finance the acquisition of facilities to be -2- owned or operated by an entity other than the City, through a Joint Community Facilities Agreement (JCFA) declaring the public benefit approved by each of the entities. Each of the entities has adopted a Resolution approving a Joint Community Facilities Agreement with the City, and has delivered an executed agreement to the City for signature. In the first of a series of actions to be taken by the City Council in the formation of the District, a Resolution has been provided that approves the form and content of each of the agreements. Acting in the capacity of Special Tax Consultant, David Taussig and Associates has prepared a Community Facilities District Report concluding that the proposed improvements are necessary to facilitate development within the District boundaries and verifying that the Rate and Method of Apportionment of the Special Assessment is equitable. The Community Facilities District Report provides a description of the facilities to be constructed. A copy of the District Report is on file in the City Clerk's office. The landowners within the boundaries of CFD 2003-01 have filed consent forms with the City Clerk's office to waive the statutory time limits for the election. As a result, the ballots will be cast by the landowners following the public hearing. The City Clerk will count the ballots and the public hearing will be reopened at which time the City Council will act to certify the election and if the election is successful, approve the Ordinance authorizing the levy of the special assessment. Respectfully submitted, Linda D. Daniels Redevelopment Director Attachments: Boundary Map Resolutions Ordinance -3- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING MODIFICATIONS TO THE CITY OF RANCHO CUCAMONGA FACILITIES DISTRICT NO. 2003-01, ESTABLISHING THE DISTRICT, ESTABLISHING TWO IMPROVEMENT AREAS THEREIN, ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA, CALLING A SPECIAL ELECTION WITHIN EACH IMPROVEMENT AREA AND TAKING CERTAIN ACTIONS RECITALS: A. The City Council (the "City Council") of the City of Rancho Cucamonga, California (the "City"), has previously adopted Resolution No. 02-327 stating its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and to establish two improvement areas, Improvement Area No. 1 and Improvement Area No. 2 (each an "Improvement Area" and collectively the "Improvement Areas") therein, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain public facilities. B. A copy of Resolution No. 02-327 setting forth a description of the proposed boundaries of the District and the Improvement Areas therein, the facilities to be financed by the District, including incidental expenses, and the rate and method of apportionment of the special tax proposed to be levied within each Improvement Area is on file in the office of the City Clerk of the City and, is incorporated herein by reference. C. The City Council has previously adopted Resolution No. 02-328 stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of a series of bonds for Improvement Areas No. 1 in the maximum aggregate principal amount of $16,000,000 and a series of bonds for Improvement Area No. 2 in the maximum aggregate principal amount of $4,000,000 to finance the cost of designing and constructing such public facilities. D. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a public heating (the "Hearing") on the establishment of the District and the Improvement Areas therein, the extent of the District and each Improvement Area therein, the furnishing of specified types of public facilities within the District, the proposed rate and method of apportionment of the special tax within each Improvement Area, and the proposed debt issues. I 1231 \0074\718377.6 E. A notice of the Heating was published and mailed to all landowners proposed to be included in the District in accordance with the Act. F. Prior to the Hearing there was filed with the City Council a report (the "Report") containing a description of the facilities necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities as required by Section 53321.5 of the Act. G. On February 5, 2003, the City Council opened the Heating and continued the Hearing to February 19, 2003. H. At the Heating all persons desiring to be heard on all matters pertaining to the establishment of the District, each proposed Improvement Area, the extent of the District and each proposed Improvement Area, the furnishing of specified types of public facilities within the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issues were heard and a full and fair hearing was held. I. At the Heating evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the Hearing is fully advised as to all matters relating to the formation of the District and the establishment of the Improvement Areas therein, the levy of the special tax and the issuance of bonded indebtedness therein. J. The City Council desires to modify the rate and method of apportionment of the special tax, as proposed by the Resolution No. 02-327, in order to clarify the consequences to the apportionment of the special tax should certain proceeds of the tax not be required to pay for school facilities and in order to clarify the scope of improvements. J. The City Council desires to proceed with the establishment of the District and the two Improvement Areas therein and to proceed to make the necessary findings to incur the bonded indebtedness. K. The City Council desires to hold a special election within each Improvement Area of the District, at which time there will be submitted to the qualified electors of each Improvement Area certain propositions relating to the authorization to levy a special tax within the Improvement Area, the establishment of an appropriations limit for the District and the incurrence of bonded indebtedness to pay for certain facilities in connection with the District. L. The City Council has determined that there have been fewer than twelve registered voters residing in the proposed boundaries of the District and each proposed Improvement Area therein for the period of 90 days prior to February 19, 2003 and that the qualified electors within each Improvement Area are the landowners within the respective Improvement Area. 11231\0074\718377.5 -2- /~.~e5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals arc all true and correct. Section 2. Finding of Validity. Pursuant to Section 53325. l(b) of the Act, the City Council finds and determines that all of the proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act. Section 3. Name of District and Improvement Areas. The City Council hereby establishes and declares the formation of a community facilities district pursuant to the Act to be designated "City of Rancho Cucamonga Community Facilities District No. 2003-01" (the "District") and hereby establishes and declares the formation of two improvement areas within the District to be designated "Improvement Area No. 1," and "Improvement Area No. 2" (individually, an "Improvement Area" and collectively, the "Improvement Areas"). Section 4. Modifications. Pursuant to Section 3325 of the Act, Resolution No. 02-327 is hereby modified as follows: (a) The facilities proposed to be financed by the District under the Act is modified to consist of those facilities set forth in Exhibit "A", attached hereto and incorporated herein by reference. (b) The rate and method of apportionment of the Special Tax among parcels of real property in Improvement Area No. 1 of the District, is modified to be as shown in Exhibit "B," attached hereto and incorporated herein by reference, which includes sufficient detail to allow each resident or landowner within each Improvement Area of the proposed District to estimate the maximum amount such resident or owner will have to pay. Such modification will not increase the probable special tax to be paid by the owner of any lot or parcel. Section 5. Facilities. ' The facilities proposed to be financed by the District trader the Act shall consist of those facilities set forth on Exhibit "A," (the "Facilities"). The estimated cost of the Facilities and incidental expenses to be financed is set forth in the Report, which estimates may change as the Facilities are designed and bid for construction. The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds that the proposed Facilities are necessary to meet the increased demand that will be 1,231\0074\718377.5 -3- placed upon public infrastructure as a result of new development within the District. Section 6. No Majority Protest. The City Council hereby finds that written protests against the establishment of the District, against the furnishing of a specified type of facility within the District, or against the levying of a specified special tax within the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half or more of the area of land within the boundaries of the District. The City Council hereby finds, with respect to each proposed Improvement Area, that written protests against the establishment of the District, against the establishment of that Improvement Area, against the furnishing of a specified type or types of facilities within the District or that Improvement Area or against the levying of a specified special tax within that Improvement Area have not been filed by one-half or more of the registered voters within the boundaries of that Improvement Area or by the property owners of one-half or more of the area of land within the boundaries of the Improvement Area. The City Council finds that no written protests have been filed by holders of leaseholds or posessory interests in property within the District owned by a public agency. Therefore, the City Council finds and declares that the special tax to be levied in each Improvement Area has not been precluded by majority protest pursuant to Section 53324. Section 7. Special Tax. Except where funds are otherwise available to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax (the "Special Tax") is hereby authorized, subject to approval by two-thirds of the votes cast within each Improvement Area of the District, to be levied annually in accordance with the procedures of the Act within the boundaries of each Improvement Area sufficient to pay for the costs thereof, including incidental expenses. The Special Tax will be secured by the recordation of a continuing lien against all non-exempt property in each respective Improvement Area of the District and will be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes. Provided, however, such Special Tax may be collected in such other manner as may be provided by the City Council. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred 11231\0074\718377.5 -4- to the District pursuant to Section 53314 of the Act and interest thereon. The proposed rate and method of apportiomnent of the Special Tax among parcels of real property within each Improvement Area in the District, in sufficient detail to allow each resident or landowner within each Improvement Area, as well as each holder of a leasehold or posessory interest in property within the District owned by a public agency, to estimate the maximum amount such resident, owner, lessee or holder of a posessory interest will have to pay, are shown in Exhibits "B-i" and "B-2", attached hereto and incorporated herein by reference. The Special Tax is based upon the expected demand that each parcel will place on the Facilities and the benefit that each parcel derives from the right to access the Facilities and the City Council hereby determines such basis to be reasonable. In the case of any Special Tax to pay for the Facilities to be levied against any parcel used for private residential purposes: (i) the maximum Special Tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes and which amount shall not be increased over time over two percent per year; (ii) the tax year after which no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibits "B-i" and "B-2" hereto; and (iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the District by more than 10 percent. For the purposes hereof, a parcel is used for "private residential purposes" not later than the date on which a building permit for private residential use is issued. Subject to the limitations set forth in the previous paragraph, in the event that a portion of the property within an Improvement Area shall become exempt for any reason, wholly or partially, from the levy of the Special Tax, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum Special Tax for a parcel as set forth in Exhibits"B-1" and "B-2" to the extent necessary upon the remaining property within the respective Improvement Area which is not delinquent or exempt in order to yield the Special Tax revenues required for the purposes described herein. The City Council finds that there is not an ad valorem property tax currently being levied on property within the District for the exclusive purpose of paying principal or interest on bonds or other 11231\0074\718377.5 -5- /~ indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of the District as are proposed to be provided by the Facilities to be financed by the District. Section 8. Notice of Special Tax Lien. Upon recordation of a notice of special tax lien with respect to each Improvement Area pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in each Improvement Area, and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and lien canceled in accordance with law or until collection of the Special Tax by the City Council ceases. Section 9. Appropriations Limit. An appropriations limit for the District is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population. Section 10. Agricultural, Timber or Livestock Uses. The City Council hereby finds and declares that lands within the District, if any, being devoted pr/madly to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or products is contiguous to other land which is included within the District and that such lands will be benefitted by the Facilities to be provided within the District. Section I1. Preparation of Annual Roll. The current GIS/Special Districts Supervisor, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone number (909) 477-2700, extension 2575 is designated to be responsible for preparing annually, or authorizing a designee to prepare, a current roll of Special Tax levy obligations by assessor's parcel number and for estimating future Special Tax levies pursuant to Section 53340.2 of the Act. Section 12. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the District and the Improvement Areas therein and is ordered to be kept on file in the office of the City Clerk and open for public inspection. Section 13. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following 11231\0074\718377.5 -6- accountability measures pertaining to the levy by the District of the special tax described in Section 6 above: A. Such special tax shall be levied for the specific purposes set forth in Section 6 hereof. B. The proceeds of the levy of such special tax shall be applied only to the specific purposes set forth in Section 6 hereof. C. The District shall establish an account or accounts into which the proceeds of such special tax shall be deposited. D. The City Manager, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. Section 14. Election. The City Council herewith submits the establishment of the appropriations limit for the District and the levy of the Special Tax to the qualified electors of each respective Improvement Area, such electors being the landowners within each respective Improvement Area who are the owners of record on the date hereof, or the authorized representatives thereof, with each landowner having one vote for each acre or portion of acre owned. There is hereby called and ordered to be held in each Improvement Area on February 19, 2003, or such later date as is consented to by the City Clerk and the landowners within the District, a special election for the purpose of submitting such propositions to the voters. The City Council hereby further directs that with respect to each Improvement Area the ballot proposition relating to the levy of the Special Tax and the proposition relating to the incurring of a bonded indebtedness be combined into one ballot proposition. The City Clerk shall conduct the elections, shall give notice as required by law and shall procure such services and supplies as are necessary for the conduct of the election. Except as othenvise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City of Rancho Cucamonga insofar as such provisions are determined by the City Clerk to be applicable. Section 15. CEQA. On February 20, 2002, by its Resolution No. 02-056, the City Council certified an Environmental Impact Report and a Statement of Overriding Considerations with regard to the Facilities (the "Project"). There are no changes to the Project, no new information of substantial importance, and no changed 11231\0074\718377.5 -7- circumstances within the meaning of CEQA. Thus, the preparation of further environmental documentation is not needed or required. PASSED, APPROVED AND ADOPTED this 19th day of February, 2003. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11231\0074\718377.5 -8- /~/ EXHIBIT "A" DESCRIPTION OF FACILITIES The facilities described below are proposed to be financed in connection with City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District"). The cost of the facilities shall include the attributable costs of engineering, design, planning, inspection, management and coordination, together with incidental expenses, including the costs associated with forming the District; issuance and sale of bonds, including underwriter's discount, appraisal, reserve fund, capitalized interest, bond counsel, financial advisor, disclosure counsel, fiscal agent, special tax consultant, bond and official statement printing; determination of the amount of the Special Tax; collection of the Special Tax; costs incurred in order to carry out the authorized purposes of the District, and any other expenses incidental to the construction, acquisition, completion and inspection of the authorized work. The facilities shall be constructed pursuant to plans and specifications approved by the City and the officials thereof and/or the California Department of Transportation, the Cucamonga County Water District, the Etiwanda School District and the Chaffey Joint Union High School District and the officials thereof, as applicable. Facilities in Connection with Improvement Area No. 1 and Improvement Area No. 2 Public improvements required as a condition of approval of development of the property within the proposed District and other public improvements serving property within the proposed District; such improvements to include but not be limited to: Victoria Gardens Lane (and vicinity) Improvements Street Improvements Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and traffic signal installation Storm Drain Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements Right-of-Way Acquisition Foothill Boulevard (and vicinity) Improvements Street Improvements Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and traffic signal installation Storm Drain Improvements Sanitary Sewer Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements North Parkway Sidewalk Right-of-Way Acquisition 11231\0074\718377.5 -9- Other Improvements Serving Properties Located within the Community Facilities District Dry Utility Improvements Facilities In Connection with Improvement Area No. 1 Only Public improvements required as a condition of approval of development of the property within the proposed District and other public improvements serving property within the proposed District; such improvements to include but not be limited to: Other Improvements Serving Properties Located in Improvement Area No. 1 Domestic Water Improvements Sewer Improvements City of Rancho Cucamonga Community Facilities Civic Center/Cultural Center School Improvements School Improvements constructed by the Etiwanda School District and the Chaffey Joint Union High School District customarily financed with development impact fees charged by those Districts. 11231\0074\718377.4 Exhibit "B-I" Rate and Method of Apportionment for Improvement Area No. 1 11231\0074\718377.4 RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 OF THE CITY OF RANCHO CUCAMONGA IMPROVEMENT AREA NO. ! A Special Tax as hereinafter defined shall be levied on all Assessor's Pamels in Community Facilities District No. 2003-01 (Improvement Area No. 1) ("CFD No. 2003-01 (IA No. 1)") and collected each Fiscal Year commencing in Fiscal Year 2003-04, in an amount determined by the Council through the application of the appropriate Special Tax within each Zone for "Developed Property" and "Undeveloped Property" as described below. All of the real property in CFD No. 2003-01 (IA No. 1), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-01 (IA No. 1): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2003-01 (IA No. 1) or any designee of either thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2003-01 (IA No. 1) or any designee of either thereof of complying with City, CFD No. 2003- 01 (IA No. 1) or obligated persons disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, of CFD No. 2003-01 (IA No. 1) or any designee of either thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-01 (IA No. 1) for any other administrative purposes of CFD No. 2003-01 (IA No. 1), including attomey's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Rancho Cucamonga February l2,2003 /~ CFD No. 2003-01 (IA No. 1) Page 1 "Administrative Special Tax Requirement" means, for any Fiscal Year, that amount estimated to be r~quired to: (i) pay periodic costs on the CFD No. 2003-01 (IA No. 1) Bonds other than regularly scheduled debt service, including but not limited to, credit enhancement and rebate payments on the CFD No. 2003-01 (IA No. 1) Bonds as described in thc Indenture and duc in the calendar year beginning in said Fiscal Year; and (ii) pay Administrative Expenses. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Authorized Facilities" means those improvements, as listed on Exhibit "A" to the Resolution of Formation. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for each Zone and providing for the levy and collection of the Special Taxes. "CFD No. 2003-01" means City of Rancho Cucamonga Community Facilities District No. 2003-01 (Victoria Gardens). "CFI) No. 2003-01 (IA No. 1)" means Improvement Area No. 1 of CFD No. 2003-01, as identified on the boundary map for CFD No. 2003-01. "CFD No. 2003-01 (IA No. 1) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2003-01 and secured solely by Special Taxes levied on property within the boundaries of CFD No. 2003-01 (IA No. 1) under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD No. 2003-01 (IA No. 1). "County" means the County of San Bemardino. "Disposition and Development Agreement" means the Disposition and Development Agreement by and between the Rancho Cucamonga Redevelopment Agency and Victoria Gardens-C, LLC dated February 20, 2002. City ofRancho Cucamonga February l2, 2003 /~ CFD No. 2003-01 (IA No. 1) Page 2 "Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was within a Final Map that was recorded prior to January 1 of the previous Fiscal Year, and (ii) for which a building permit for new construction, other than the construction of a garage, parking lot, parking structure or street, was issued after January 1,2002 but prior to January 1 of the previous Fiscal Year. "Final Map" means a final map, lot line adjustment, or parcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) and recorded with the County Recorder that creates individual lots for which building permits may be issued. The term "Final Map" shall not include any Assessor's Parcel Map or subdivision map or portion thereof, that does not create individual lots for which a building permit may be issued, including Assessor's Parcels that are designated as remainder parcels. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2003-01 (IA No. 1) Bonds are issued, as modified, amended and/or supplemented from time to time. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Outstanding Zone 1 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 1) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 1 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 1. "Outstanding Zone 2 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 1) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 2 Allocation, minus (b) the principal amount of the CFD No. 2003 -01 (IA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 2 or a refund from the Etiwanda School District pursuant to that certain Joint Community Facilities Agreement dated as of February 19, 2002 between the City and the Etiwanda School District, or from the Chaffey Joint Union High School District, pursuant to that certain Joint Community Facilities Agreement dated as of February 19, 2002 between the City and the Chaffey Joint Union High School District. "Outstanding Zone 3 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 1) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been paid at maturity, or been redeemed or defeased other than City of Rancho Cucamonga February l2, 2003 I ~ 7 CFD No. 2003-01 (1.4 No. 1) Page 3 from prepayments of Special Taxes; and (ii) the Zone 3 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 3. "Privately Owned Exempt Parking Property" means the land area consisting of up to 4.25 Acres in Zone 2 to be utilized for a garage, parking lot or parking structure as geographically identified in Attachment A to this Rate and Method of Apportionment, and specifically defined in Attachment B. "Privately Owned Specific Retail Property" means one or more Assessor's Parcels of Developed Property in Zone 2 for which a building permit has been issued for uses that are consistent with the Major Department Store land use category in the Disposition and Development Agreement, as determined by the CFD Administrator. "Proportionately" means for Developed Property in a particular Zone that the ~atio o£the actual Special Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for all Assessor's Parcels o£Developed Property within such Zone, or where the Backup Special Tax is being levied in a particular Zone that the ratio of the actual Special Tax levy in such Zone to the Maximum Special Tax for such Zone is equal for all Assessor's Parcels upon which a Backup Special Tax is being levied within such Zone. For Undeveloped Property in a particular Zone, "Proportionately" means that the ratio of the actual Special Tax levy per Acre in such Zone to the Maximum Special Tax per Acre for such Zone is equal for all Assessor's Parcels of Undeveloped Property within such Zone. "Public Property" means any property within the boundaries of CFD No. 2003-01 (IA No. 1) that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 o£ the Act shall be taxed and classified in accordance with its use. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Resolution of Formation" means the Resolution of Formation for CFD No. 2003-01 (IA No. 1). "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property to fund thc Zone 1 Special Tax Requirement, the Zone 2 Special Tax Requirement, or the Zone 3 Special Tax Requirement. "State" means thc State of California. City of Rancho Cucamonga February 12, 2003 CFD No. 2003-01 (IA No. 1) Page 4 "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-01 (IA No. 1) which are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone" means Zone 1, Zone 2, or Zone 3, as applicable. "Zone 1" means all Assessor's Parcels located within the boundaries of Zone 1 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 1 Allocation" means the percentage of CFD No. 2003-01 (IA No. 1) Bonds allocated to Zone 1 based on Zone 1 's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 1 Allocation is 6.72%. "Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 1) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the previous Fiscal Year. "Zone 1 Special Tax Requirement" means, for any Fiscal Year, the sum of (i) the Zone 1 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 1 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 1 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 1, as determined by the CFD Administrator pursuant to the Indenture. "Zone 2" means all Assessor's Parcels located within the boundaries of Zone 2 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 2 Allocation" means the percentage of CFD No. 2003-01 (IA No. 1) Bonds allocated to Zone 2 based on Zone 2's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 2 Allocation is 81.74%. "Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 1) Bonds in an amount equal to the mount withdrawn therefrom as a result of delinquent Zone 2 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 2 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 2 in the previous Fiscal Year. City of Rancho Cucamonga February 12, 2003 CFi} No. 2003-01 (IA No. O Page 5 "Zone 2 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 2 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 2 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 2 Delinquency Amount, if any; · (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 2, as determined by the CFD Administrator pursuant to the Indenture. For the purposes of this definition, all amounts held in the funds and accounts under the Indenture which are intended to be used to pay debt service on CFD No. 2003-01 (IA No. 1) Bonds issued and outstanding, and which are derived from refunds from the Etiwanda School District pursuant to that certain Joint Community Facilities Agreement dated as of February 19, 2002 between the City and the Etiwanda School District, or from the Chaffey Joint Union High School District, pursuant to that certain Joint Community Facilities Agreement dated as of February 19, 2002 between the City and the Chaffey Joint Union High School District shall be considered amounts available to reduce the annual Special Tax levy within Zone 2. "Zone 3" means all Assessor's Parcels located within the boundaries of Zone 3 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 3 Allocation" means the percentage of CFD No. 2003-01 (IA No. 1) Bonds allocated to Zone 3 based on Zone 3's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 3 Allocation is 11.54%. "Zone 3 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 1) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 3 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 3 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 3 in the previous Fiscal Year. "Zone 3 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 3 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 3 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 3 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 3, as determined by the CFD Administrator pursuant to the Indenture. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Zone 1, Zone 2, and Zone 3 of CFD No. 2003- 01 (IA No. 1) shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. City of Rancho Cucamonga February l2, 2003 /~ ~ CFD No. 2003-01 (1.4 No. 1) Page 6 C. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003~01 (IA No. 1) shall equal $4,318 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall equal $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall be $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. City of Rancho Cucamonga February l 2, 2003 /~ / CFD No. 2003-01 (IA No. 1) Page 7 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $36,294 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $40,327 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall be $12,817 per Acre for Fiscal Year 2003-04, and shall increase thereafter, conunencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 3. ZONE 3 u. Zone 3 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 3 classified as Developed Property shall be the greater of(i) the amount City of Rancho Cucamonga February l 2, 2003 CFD No. 2003-01 (IA No. 1) Page 8 derived by application of the Assigned Special Tax for Zone 3 or (ii) the amount derived by application of the Backup Special Tax for Zone 3. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $10,272 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 3 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall be $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied City of Rancho Cucamonga February l2, 2003 /~ ~ CFD No. 2003-01 (IA No. 1) Page 9 Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately fi~om the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Zone 1, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one Or more other properties within Zone 1. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an anaount equal to 100%. of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Propertyin Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased City of Rancho Cucatnonga February ,2, 2003 / ~ ~ CFD No. 2003-01 (IA No. 1) Page 10 Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 3. ZONE 3 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 3 Special Tax Requirement and levy the Special Tax in Zone 3 until the amount of Special Taxes levied in Zone 3 is equal to the Zone 3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 3 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Pamel of Undeveloped Property in Zone 3 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 3 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 3 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Cio, of Rancho Cucamonga February 12,2003 CFD No. 2003-01 (IA No. 1) Page 11 E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. In addition, no Special Tax shall be levied on Privately Owned Exempt Parking Property in Zone 2. Furthermore, no Special Tax shall be levied on up to 10.56 Acres of Privately Owned Specific Retail Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property in Zone 2 becomes Privately Owned Specific Retail Property. If the total number of Acres of Privately Owned Specific Retail Property exceeds the amount stated above, then the Acres exceeding such total shall be taxed at the applicable rates for Developed Property for Zone 2 as set forth in Section C above and to the extent set forth in Section D above. 3. ZONE 3 No Special Tax shall be levied on Public Property in Zone 3. F. REVIEW/APPEAL COMMITTEE Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the amount of the Special Tax shall be appropriately modified. The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. G. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2003-01 (IA No. 1) may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if Cio' of Rancho Cucamonga February l2, 2003 CFD No. 2003-01 (IA No. 1) Page 12 necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX 1. Payment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2003-01 (IA No. 1) may only be prepaid after all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax maybe permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2003 -01 (lA No. 1) Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be CiO, of Rancho Cucamonga February 12,2003 CFD No. 2003-01 (IA No. 1) Page 13 prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for the entire Zone in which the Assessor's Parcel is located based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in such Zone, excluding any Assessor's Parcels in such Zone which have been prepaid; and 4. (a) For Assessor's Parcels in Zone 1, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 1 Bonds to compute the amount of Outstanding Zone 1 Bonds to be retired and prepaid; or (b) For Assessor's Parcels in Zone 2, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the amount of Outstanding Zone 2 Bonds to be retired and prepaid: or (c) For Assessor's Parcels in Zone 3, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 3 Bonds to compute the amount of Outstanding Zone 3 Bonds to be retired and prepaid (in either (a), (b), or (c) above, the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount for the appropriate Zone computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100%), if any, on the Outstanding Zone I, Zone 2, or Zone 3 Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 8. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8. 10. Compute the net present value of the amount computed pursuant to paragraph 9, using as a discount rate the rate of return reasonably assumed by the CFD Administrator in paragraph 8 (the "Defeasance Amount"). CityofRancho Cucamonga February l2, 2003 CFD No. 2003-01 (IA No. 1) Page 14 11. The administrative fees and expenses of CFD No. 2003-01 (IA No. 1) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2003-01 (IA No. 1) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Zone 1, Zone 2, or Zone 3 Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, is below 100% of the reserve requirement (as defined in the Indenture). 13. If any capitalized interest for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, will not have been expended as of the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 14. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, or make debt service payments. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2003-01 (IA No. 1). The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of CFD No. 2003-01 (IA No. 1) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the approphate fund established under the Indenture to be used with the next prepayment of CFD No. 2003-01 (IA No. 1) Bonds or to make debt service payments. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County City of Rancho Cucamonga February l 2, 2003 / ~ ~ CFD No. 2003-01 (I~4 No. 1) Page 15 tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in full in accordance with this Section H.I., the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied within the entire Zone in which the Assessor's Parcel's Special Tax obligation is prepaid both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Zone 1, Zone 2, and Zone 3 Bonds, as applicable. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property and an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H. 1; except that a partial prepayment shall be calculated according to the following formula: PP=PEXF These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of(i) such owner's intent to partially prepay the Special Tax, and (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section H.1, and (ii) indicate in the records of CFD No. 2003-01 (IA No. 1) that there has been a partial prepayment of the Special Tax and that a portion of the Assigned Special Tax and Maximum Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of each, respectively, shall continue to be levied on such Assessor's Parcel pursuant to Section D. City of Rancho Cucamonga February l2, 2003 / 7~ CFD No. 2003-01 (IA No. 1) Page 16 I. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed 50 years commencing with Fiscal Year 2003-04, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2003-01 (IA No. 1) Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:lClients21RanchoCucamongalVictoriaGardenskP, M~4~ImprovementAreal_7.doc Prepared:. 2/12/03 City of Rancho Cucamonga February l2, 2003 /7/ CFD No. 2003-01 (1.4 No. 1) Page 17 ATTACHMENT A MAP OF ZONES 1 THROUGH 3 PROPOSED BOUNDARIES S.EET ~ OF ~ S.EETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ZONE 3 LEGEND: GRAPHIC ECALE LEGAL DESCRIPTION CFD 2003-01 IMPROVEMENT AREA NO. 1 -ZONE NO. I PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHWESTERLY LINE OF PARCEL MAP NO. 15641 HAVING A BEARING OF NORTH 44°18'08" EAST AND A DISTANCE OF 122.48 FEET; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO. 15641, NORTH 89°55'01" WEST 172.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1052.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°47'42" AN ARC LENGTH OF 88.04 FEET TO A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947.98 FEET; THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 4°47'42'' AN ARC LENGTH OF 79.34 FEET; THENCE NORTH 89°55'01" WEST 1059.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 798.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°33'40" AN ARC LENGTH OF 453.50 FEET TO A POINT IN A NON-TANGENT REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945.00 FEET, RADIAL LINES THROUGH SAID POINT BEAR SOUTH 32038'39" WEST (798.00-FOOT RADIUS) AND NORTH 33000'27' EAST (945.00- FOOT RADIUS); THENCE LEAVING SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG LAST SAID NON-TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°21'01" AN ARC LENGTH OF 137.72 FEET; THENCE NON-TANGENT TO THE PREVIOUS CURVE, SOUTH 25°04'56" EAST 22.02 FEET; THENCE SOUTH 68°11'33' EAST 35.26 FEET; THENCE SOUTH 21048'29" EAST 11.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 213.00 FEET; THENCE SOUTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21043'28'' AN ARC LENGTH OF 80.76 FEET; THENCE SOUTH 0°04'59' EAST 109.70 FEET, TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY AND WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00~ AN ARC LENGTH OF 39.27 FEET; THENCE NORTH 89°55'01" WEST 579.84 FEET; THENCE SOUTH 0°04'59' EAST 50.00 FEET; THENCE NORTH 89°55'01'' WEST 128.86 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266.33 FEET; THENCE SOUTHEASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 6°56'18'. AN ARC LENGTH OF 32.25 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 143.67 FEET; THENCE WESTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 15032'46' AN ARC LENGTH OF 38.98 FEET; THENCE NORTH 89°55'01' WEST 150.00 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99.50 FEET; THENCE WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23013'53" AN ARC LENGTH OF 40.34 FEET TO A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85.50 FEET; THENCE WESTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°00'31" AN ARC LENGTH OF 11.95 FEET; THENCE NORTH 89°55'01' WEST 1016.33 FEET; THENCE SOUTH 22°04'33' EAST 26.70 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2572.00 FEET, SAID POINT ALSO BEING IN THE LAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88°29'55' WEST; THENCE NORTHERLY ALONG LAST SAID NON-TANGENT CURVE AND ALONG SAID EAST LINE THROUGH A CENTRAL ANGLE OF 4°45'59' AN ARC LENGTH OF 213.97 FEET; THENCE NORTH 1°28'43'' WEST 294.75 FEET; THENCE NORTH 44°18'08" EAST 122148 FEET TO THE POINT OF BEGINNING. CONTAINING 21.653 ACRES OF LAND, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION: STANLEY C. MORSE, P.L.S. 3640, DATED 12-06-02 t cn~ LICENSE EXPIRES 6-30-04 E×p. 6/30/2004 No. 3640 ' G:L290~10\LEGAL$\IA1 -Z 1 .DOC ~ LEGAL DESCRIPTION CFD 2003-01 IMPROVEMENT AREA NO. 1 -ZONE NO. 2 PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, tN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE AND PARCEL B AS SAID PARCEL B IS DESCRIBED IN DOCUMENT NO. 19990308589 RECORDED JULY 23, 1999 IN THE OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL MAP NO. 7966; THENCE ALONG THE EAST LINE OF SAID PARCEL MAP NO. 7966, SOUTH 0007'34" WEST 1065.17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°25'30" AN ARC LENGTH OF 480.66 FEET; THENCE LEAVING SAID EAST LINE TO THE PREVIOUS CURVE ALONG THE NORTHERLY AND SOUTHEASTERLY LINES OF SAID PARCEL B, NORTH 89058'47" WEST 93.23 FEET; THENCE SOUTH 43051'29" 290.33 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1800.00 FEET; THENCE SOUTHWESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 13°58'01" AN ARC LENGTH OF 438.78 FEET; THENCE SOUTH 57049'30" WEST 10.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2000.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL B ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL MAP NO. 7966 AND ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 11°40'35" AN ARC LENGTH OF 407.58 FEET; THENCE SOUTH 69030'05" EAST 250.72 FEET; THENCE LEAVING LAST SAID SOUTHEASTERLY LINE, NORTH 0°04'59" EAST 75.98 FEET; THENCE NORTH 89°55'01" WEST 604.06 FEET; THENCE SOUTH 0004'59" WEST 8.61 FEET; THENCE SOUTH 54°49'11" WEST 24.12 FEET; THENCE NORTH 4°50'51'' 9.14 FEET; THENCE NORTH 85009'09" WEST 104.26 FEET; THENCE NORTH 0°04'58" EAST 22.99 FEET; THENCE NORTH 89°55'01'' WEST 623.93 FEET; THENCE NORTH 0°04'59" EAST 103.00 FEET; THENCE NORTH 23°23'13'' WEST 25.11 FEET TO THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641; THENCE ALONG SAID EAST LINE, NORTH 0°15'45" EAST TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2428.00 FEET; THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 3002'25" 128.84 FEET; THENCE NORTH 3°18'10" EAST 1267.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2572.00 FEET; THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1°48'05" AN ARC LENGTH OF 80.87 FEET; THENCE LEAVING SAID EAST LINE OF DAY CREEK BOULEVARD, NORTH 22004'33" EAST 26.70 FEET; THENCE SOUTH 89°55'01" EAST 1016.33 TO A POINT IN A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°18'21" WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°00'31" AN ARC LENGTH OF 11.95 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99.50 FEET; THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 23°13'53'' AN ARC LENGTH OF 40.34 FEET; THENCE SOUTH 89°55'01" EAST 150.00 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 143.67 FEET; THENCE EASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15°32'46" AN ARC LENGTH OF 38.98 FEET TO A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266.33 FEET; THENCE EASTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 6°56'18" AN ARC LENGTH OF 32.25 FEET; THENCE SOUTH 69°55'01" EAST 128.66 FEET; THENCE NORTH 0°04'59" EAST 50.00 FEET; THENCE SOUTH 89°55'01" EAST 579,84 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY AND NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00'' AN ARC LENGTH OF 39.27 FEET; THENCE NORTH 0°04'59" EAST 109.70 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 213.00 FEET; THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°43'28'' AN ARC LENGTH OF 80.76 FEET; THENCE NORTH 21°48'29" EAST 11.04 FEET; THENCE NORTH 68°11'33" WEST 35.26 FEET; THENCE NORTH 25*04'56" EAST 22.02 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 24*39'26" EAST; THENCE NORTHWESTERLY ALONG LAST SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°21'01" AN ARC LENGTH OF 137.72 FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 902.00 FEET, RADIAL LINES THROUGH SAID POINT OF CUSP BEAR NORTH 30°00'27" EAST (945.00-FOOT RADIUS) AND NORTH 32°38'39'' EAST (902.00-FOOT RADIUS), SAID POINT OF CUSP ALSO BEING THE SOUTH LINE OF CHURCH STREET AS SHOWN ON SAID PARCEL MAP NO. 15641; THENCE SOUTHEASTERLY ALONG LAST SAID NON-TANGENT CURVE AND ALONG SAID SOUTH LINE OF CHURCH STREET THROUGH A CENTRAL ANGLE OF 13°00'40" AN ARC LENGTH OF 204.83 FEET TO THE NORTH LINE OF SAID PARCEL MAP NO. 15641; THENCE LEAVING LAST SAID SOUTH LINE ALONG LAST SAID NORTH LINE, SOUTH 89°55'01" EAST 444.05 FEET TO THE POINT OF BEGINNING. CONTAINING 110.453 ACRES OF LAND, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION: LICENSE EXPIRES 6-30-04 mE×p. 6/50/2004 No. 36~0 LEGAL DESCRIPTION CFD 2003-01 IMPROVEMENT AREA NO. 1 - ZONE NO. 3 PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL MAP NO. 15641; THENCE ALONG THE SOUTH LiNE OF SAiD PARCEL MAP NO. 15641, NORTH 89°55'01" WEST 807.40 FEET; THENCE LEAVING SAID SOUTH LINE ALONG THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641, NORTH 44049'38" WEST 84.98 FEET; THENCE NORTH 0°15'45" EAST 642.29 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 23°23'13" EAST 25.11 FEET; THENCE SOUTH 89°55'01" EAST 54.47 FEET; THENCE SOUTH 0004'59" WEST 103.00 FEET; THENCE SOUTH 89°55'01" EAST 623.93 FEET; THENCE SOUTH 0°04'58" WEST 22.99 FEET; THENCE SOUTH 85°09'09" EAST 104.26 FEET; THENCE NORTH 4°50'51" 9.14 FEET; THENCE NORTH 54°49'11" EAST 24.12 FEET; THENCE NORTH 0°04'59" EAST 8.61 FEET; THENCE SOUTH 89°55'01" EAST 604.06 FEET; THENCE SOUTH 0°04'59" WEST 75.98 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL MAP NO. 15641; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, SOUTH 69030'05" WEST 116.82 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 650.00 FEET; THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 38°00'00" AN ARC LENGTH OF 431.10 FEET; THENCE SOUTH 31030'05" WEST 222.30 FEET TO THE POINT OF BEGINNING. CONTAINING 14.689 ACRES OF LAND, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION: STANLEY C. MORSE, P.L.S. 3640, DATED 12;06-02 LICENSE EXPIRES 6-30-04 Exp. 6/30/2004 No 3640 ATTACHMENT B PRIVATELY OWNED EXEMPT PARKING PROPERTY LISTING SHEET 1 OF 2 SHEETS PARKING STRUCTURE PARCELS PARCEL MAP NO. 15641 6 7 11 12 CHURCH STREET 25 PARCEL MAP 7966 O~ z~ .< 2O FOOTHILL BOULEVARD (ROUTE 66) ~ I 600 300 0 600 ~d~.~,~.,~N(z 3640 /,~ GRAPHIC SCALE PREPARED UNDER THE SUPERVISION OF: [,EGEND ~ INDICATES SUBJECT PARCEL AREA INDICATES SUBJECT PARCEL UNE STANLEY C. ~IORS£ L.S. 3§40 (EXPIRES 6/30/2004) INDICATES EXISTING PARCEL LINE 1:~46606~MAPPING~P~KST1 - 1 11-1J-02 SHEET2 OF 2 SHEETS PARKING STRUCTURE PARCELS NW CORNER PARCEL MAP NO. 15641 ~ ,~- P.M. 7966 ~ P.M.B. 192/93-100 25 26 ~'/ N 89'55'0f' W 2225.1§' 707.59' ~ 407.93' ~. ~ ~ ~ . - · ,~ ,~.o,.w ~.,,, 4:5 ~.o.,. ~ ~~/ ~ ~ ~:oo, ~,~.~. ~///, ~ z ////~ABCEL P1////~ CULTUre ARTS /////~.~78'A~.///~ CENTER PARCEL ~ N 8F55'01" W 331.99' / .....~ ~ ~ ........ ~N8~55'Ol"W 236.00'~ .~. ~ txp:,y/~uu~ / ~ 150 75 0 150 GRAPHIC SCA~ UNDER ~E SUPERVISION OF: ~GEND ~ INDIC~ ~U~[CT P~C[L A~ ~NDICAT[S SU~[CT PAEC[L LIN[ MORSE L.S. 3640 (EXPIR[S 6/50/20~4) INDI~TK~ [XI~TING PARCEL LINE PARKING STRUCTURE PARCELS THOSE CERTAIN PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 7966 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 86 AT PAGES 1 THROUGH 3 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL PI: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 7966; THENCE ALONG THE NORTH LINE OF LAST SAID PARCEL MAP, SOUTH 89"65'01" EAST 707.59 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00°04'59" WEST 283.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG THE SAME BEARING, SOUTH 00004'69" WEST 325.20 FEET; THENCE NORTH 89"55'01" WEST 331.99 FEET; THENCE NORTH 00°04'59" EAST 310.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 36°52'12" AN ARC LENGTH OF 16.09 FEET; THENCE SOUTH 89°55'01" EAST 326.99 FEET TO THE POINT OF BEGINNING. CONTAINING 2.478 ACRES OF LAND, MORE OR LESS. PARCEL P2: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 7966; THENCE ALONG SAID PARCEL MAP, SOUTH 89°55'01" EAST 707.59 FEET; THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89°55'01" EAST 407.93 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00004'59" WEST 273.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUING ON LAST SAID BEARING, SOUTH 00004'59' WEST 10.00 FEET; THENCE NORTH 89°55'01" WEST 10.17 FEET; THENCE SOUTH 00004'59" WEST 324.61 FEET; THENCE SOUTH 89°55'01" EAST 236.00 FEET; THENCE NORTH 00°04'59" EAST 295.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF .90°00'00'' AN ARC LENGTH OF 39.27 FEET; THENCE.NORTH 89°55'01" WEST 55.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 84.57 FEET; THENCE ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23028'33, AN ARC LENGTH OF 34.65 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 84.57 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23028'33" AN ARC LENGTH OF 34.65 FEET; THENCE NORTH 89°55'01" WEST 78.45 FEET TO THE POINT OF BEGINNING. CONTAINING 1.771 ACRES OF LAND, MORE OR LESS. PREPARED UNDER MY DIRECTION STANLEY C. MORSE, L.S. 3640 DATE LICENSE EXPIRES 6-30-04 G:~4661061LEGALS\PKG-STR.[3OC EXHIBIT A-2 RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA 2 Exhibit "B-2" Rate and Method of Apportionment for Improvement Area No. 2 11231\0074\718377.4 /~ RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 OF THE CITY OF RANCHO CUCAMONGA IMPROVEMENT AREA NO. 2 A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community Facilities District No. 2003-01 (Improvement Area No. 2) ("CFD No. 2003-01 (IA No. 2)") and collected each Fiscal Year commencing in Fiscal Year 2003-04, in an amount determined by the Council through the application of the appropriate Special Tax w/thin each Zone for "Developed Property" and "Undeveloped Property" as described below. All of the real property in CFD No. 2003-01 (IA No. 2), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS. The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-01 (IA No. 2): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2003-01 (IA No. 2) or any designee of either thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2003-01 (IA No. 2) or any designee of either thereof of complying with City, CFD No. 2003 - 01 (IA No. 2) or obligated persons disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, of CFD No. 2003~01 (IA No. 2) or any designee of either thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-01 (IA No. 2) for any other administrative purposes of CFD No. 2003-01 (IA No. 2), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrative Special Tax Requirement" means, for any Fiscal Year, that amount estimated to be required to: (i) pay periodic costs on the CFD No. 2003-01 (IA No. 2) Bonds City of Rancho Cucamonga December 9, 2002 CFDNo. 2OO3-OI(IANo. 2) Paget other than regularly scheduled debt service, including but not limited to, credit enhancement and rebate payments on the CFD No. 2003-01 (IA No. 2) Bonds as described in the Indenture and due in the calendar year beginning in said Fiscal Year; and (ii) pay Administrative Expenses. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Authorized Facilities" means those improvements, as listed on Exhibit "A" to the Resolution of Formation. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for each Zone and providing for the levy and collection of the Special Taxes~ "CFD No. 2003-01" means City of Rancho Cucamonga Community Facilities District No. 2003-01 (Victoria Gardens). "CFI) No. 2003-01 (IA No. 2)" means Improvement Area No. 2 of CFD No. 2003-01, as identified on the boundary map for CFD No. 2003-01. "CFD No. 2003-01 (IA No. 2) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2003-01 and secured solely by Special Taxes levied on property within the boundaries of CFD No. 2003-01 (IA No. 2) under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD No. 2003-01 (IA No. 2). "County" means the County of San Bemardino. "Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was within a Final Map that was recorded prior to January 1 of the previous Fiscal Year, and (ii) for which a building permit for new construction was issued after January 1, 2002 but prior to January 1 of the previous Fiscal Year. City of Rancho Cucamonga December 9, 2002 CFDNo. 2OO3-OI(IANo. 2) Page2 '!Final Map" means a final map, lot line adjustment, or parcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) and recorded with the County Recorder that creates individual lots for which building permits may be issued. The term "Final Map" shall not include any Assessor's Pamel Map or subdivision map or portion thereof, that does not create individual lots for which a building permit may be issued, including Assessor's Parcels that are designated as remainder parcels. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2003-01 (IA No. 2) Bonds are issued, as modified, amended and/or supplemented from time to time. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Outstanding Zone 1 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 2) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 2) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 1 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (IA No. 2) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 1. "Outstanding Zone 2 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 2) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 2) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 2 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (IA No. 2) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Pamels located in Zone 2. "Proportionately" means for Developed Property in a particular Zone that the ratio of the actual Special Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for all Assessor's Parcels of Developed Property within such Zone, or where the Backup Special Tax is being levied in a particular Zone that the ratio of the actual Special Tax levy in such Zone to the Maximum Special Tax for such Zone is equal for all Assessor's Parcels upon which a Back:up Special Tax is being levied within such Zone. For Undeveloped Property in a particular Zone, "Proportionately" means that the ratio of the actual Special Tax levy per Acre in such Zone to the Maximum Special Tax per Acre for such Zone is equal for all Assessor's Parcels of Undeveloped Property within such Zone. "Public Property" means any property within the boundaries of CFD No. 2003-01 (IA No. 2) that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal govermnent, the State, the County, the City or any other public City of Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (IA No. 2) Page3 agency, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Resolution of Formation" means the Resolution of Formation for CFD No. 2003-01 (IA No. 2). "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property to fund the Zone 1 Special Tax Requirement or the Zone 2 Special Tax Requirement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-01 (IA No. 2) which are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone" means Zone 1 or Zone 2, as applicable. "Zone 1" means all Assessor's Parcels located within the boundaries of Zone 1 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 1 Allocation" means the percentage of CFD No. 2003-01 CIA No. 2) Bonds allocated to Zone 1 based on Zone I's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 1 Allocation is 37.80%. "Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 2) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the previous Fiscal Year. "Zone 1 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 1 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 1 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 1 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 1, as determined by the CFD Administrator pursuant to the Indenture. City of Rancho Cucamonga December9,2002 / ~ CFD No. 2003-01 (IA No. 2) Page 4 "Zone 2" means all Assessor's Parcels located within the boundaries of Zone 2 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 2 Allocation" means the percentage of CFD No. 2003-01 (IA No. 2) Bonds allocated to Zone 2 based on Zone 2's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 2 Allocation is 62.20%. "Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 2) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 2 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 2 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 2 in the previous Fiscal Year. "Zone 2 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 2 · Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 2 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate fimds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 2 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 2, as determined by the CFD Administrator pursuant to the Indenture. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Zone 1 and Zone 2 of CFD No. 2003-01 (IA No. 2) shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. City of Rancho Cucamonga December 9, 2002 CFDNo. 2OO3-OI(IANo. 2) Page5 /~ (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall equal $2,799 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall equal $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July I of each Fiscal Year thereafter, by an amount equal to two pement (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone I of CFD No. 2003-01 (IA No. 2) shall be $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall equal $8,480 per Acre for Fiscal Year 2003-04, and shall increase thereafter, comxnencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. City of Rancho Cucamonga December 9, 2002 CFDNo. 2OO3-OI(IANo. 2) Page6 (iii). Backrup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall equal $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, - commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall be $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Propertyin Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and City of Rancho Cucatnonga Decetnber 9, 2002 / ~ / CFD No. 2003-01 (IA No. 2) Page 7 (i) all author/zed CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall bc increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. City of Rancho Cucamonga December 9, 2002 CFDNo. 2OO$-OI(IANo. 2) Page8 /~ F. REVIEW/APPEAL COMMITTEE Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. I£the CFD Administrator agrees with thc appellant, the amount o£the Special Tax shall be appropriately modified. The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the annual administration &the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to al/persons. G. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2003-01 (IA No. 2) may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX 1. Payment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2003-01 (IA No. 2) may only be prepaid after all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described heroin, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Pamel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2003-01 (IA No. 2) Bonds to be redeemed with the proceeds of such prepaid Special Taxes. City of Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (IA No. 2) Page9 The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Pamel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been igsued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for the entire Zone in which the Assessor's Parcel is located based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in such Zone, excluding any Assessor's Parcels in such Zone which have been prepaid; and 4. (a) For Assessor's Pamels in Zone 1, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 1 Bonds to compute the amount of Outstanding Zone 1 Bonds to be retired and prepaid; or ,(b) For Assessor's Parcels in Zone 2, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the amount of Outstanding Zone 2 Bonds to be retired and prepaid (in either (a) or (b) above, the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount for the appropriate Zone computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price- 100%), if any, on the Outstanding Zone 1 or Zone 2 Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the City of Rancho Cucamonga Decetnber 9, 2002 CFDNo. 2OO3-OI(IANo. 2) PagelO /qq current Fiscal Year until the earliest redemption date for the Outstanding Zone 1 or Zone 2 Bonds, as applicable. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 8. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, to be redeemed with the prepayment. 9. Add the mounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8. 10. Compute the net present value of the amount computed pursuant to paragraph 9, using as a discount rate the rate of return reasonably assumed by the CFD Administrator in paragraph 8 (the "Defeasance Amount"). 11. The administrative fees and expenses of CFD No. 2003-01 (IA No. 2) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2003-01 (IA No. 2) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Zone 1 or Zone 2 Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Zone 1 or Zone 2 Bonds, as applicable, as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, is below 100% of the reserve requirement (as defined in the Indenture). 13. If any capitalized interest for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, will not have been expended as of the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). City of Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (IA No. 2) Page ll 14. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Zone 1 or Zone 2 Bonds, as applicable, or make debt service payments. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2003-01 (IA No. 2). The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of CFD No. 2003-01 (IA No. 2) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2003-01 (IA No. 2) Bonds or to make debt service payments. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in full in accordance with this Section H.I., the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied within the entire Zone in which the Assessor's Parcel's Special Tax obligation is prepaid both prior to and at%r the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Zone 1 or Zone 2 Bonds, as applicable. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Proper~y and an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H. 1; except that a partial prepayment shall be calculated according to the following formula: PP=PEXF These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 City of Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (IA No. 2) Page l2 / ~ F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of(i) such owner's intent to partiallyprepaythe Special Tax, and (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator · shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section H.1, and (ii) indicate in the records of CFD No. 2003-01 (IA No. 2) that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed 50 years commencing with Fiscal Year 2003-04, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2003-01 (IA No. 2) Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K: IClients2iRanchoCucamongal VictoriaGarderslRMA [[mprovemenMrea2_3. doc Prepared: 12/9/02 I City of Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (IA No. 2) Page l3 ATTACHMENT A MAP OF ZONE 1 AND ZONE 2 PROPOSED BOUNDARIES SHEET 1 OF 1 SHEETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 2, ZONE I & 2 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA /7'7' COMMUNITY FACILITIES DISTR/CT NO. 2003-01 IMPROVEMENT AREA NO. 2 ZONE 1 ASSESSOR PARCEL NUMBERS 229-021-62 229-021-63 229-021-64 ZONE 2 ASSESSOR PARCEL NUMBERS 227-211-39 227-211-40 227-211-41 227-211-42 227-211-43 EXHIBIT B-1 Assigned Special Taxes for Developed Property Community Facilities District No. 2003-01 Improvement Area 1 ~-~:~ '~· ~:'~ Fi~cal~Year~200~2004~ ~ Developed Propc~y $4,~ 1 g p~ Acre Developed Propc~ $~,294 per Acre Dcwlopcd Prope~y $10,272 per Acre *Assi~cd Special Tax escalates by 2% per year. EXHIBIT B-2 Assigned Special Taxes for Developed Property Community Facilities District No. 2003-01 Improvement Area 2 .~ ~ ~ ~ ~ ' '~FiS~I~ Ye~r 2003-2004~~'~ 1 Developed Properly $2,799 p~r Acre 2 Developed Propaffy $8,480 per Acre *Assi~ed Special Tax escalates by 2% per ye~. EXHIBIT C-1 Maximum Special Taxes for Undeveloped Property Community Facilities District No. 2003-01 Improvement Area 1 ~ ..... ~. = ~- ~Fisca ear2003 2004~ 1 Undeveloped Prope~y $4,798 per Acre 2 Undeveloped Prope~y $12,817 per Acre 3 Undeveloped Prope~y $11,413 per Acre *Maximin Special Tax escalates by 2% per ye~, EXHIBIT C-2 Maximum Special Taxes for Undeveloped Property Community Facilities District No. 2003-01 Improvement Area 2 1 Undeveloped Prope~y $3,110 per Acre 2 Undeveloped Propeay. $9,423 per Acre *Max~m Special Tax escalates by 2% per year. EXHIBIT D BOUNDARY MAPS PROPOSED BOUNDARIES OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEM"=NT AREA NO, 1 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STA'PE OF CALJFORNIA PROPOSED BOUNDARIES ,,EEr ~ OF ~ S,EETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 200301 IMPROVEMENT AREA NO. 2 CITY OF RANCHO CUCAMONGA~ COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RESOLUTION NO. O3-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF EACH IMPROVEMENT AREA WITHIN THE DISTRICT PROPOSITIONS RELATING TO THE RESPECTIVE IMPROVEMENT AREA RECITALS: A. The City Council (the "City Council") of the City of Rancho Cucamonga, California (the "City"), has previously adopted Resolution No. 02-327 stating its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and to establish two improvement areas, Improvement Area No. 1 and Improvement Area No. 2 (each an "Improvement Area" and collectively the "improvement Areas") therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain public facilities. B. The City Council has previously adopted Resolution No. 02-328 stating the City Council's intention, in its capacity as the legislative body of the District, to authorize the issuance and sale of a series of bonds for Improvement Areas No. 1 in the maximum aggregate principal amount of $16,000,000 and a series of bonds for Improvement Area No. 2 in the maximum aggregate principal amount of $4,000,000. C. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a public hearing (the "Hearing") on the establishment of the District and the Improvement Areas therein, the extent of the District and of each proposed Improvement Area, the furnishing of specified types of public facilities within the District, the proposed rate and method of apportionment of the special tax within each Improvement Area, and the proposed debt issues. D. A notice of the Hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act. E. Prior to the Hearing there was filed with the City Council a report (the "Report") containing a description of the facilities necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities as required by Section 53321.5 of the Act. 11231\0074\718376.4 F. On February 5, 2003, the City Council opened the Hearing and continued the Heating to February 19, 2003. G. At the Hearing, all persons desiring to be heard on all matters, pertaining to the establishment of the District and of each proposed Improvement Area, the extent of the District and each proposed Improvement Area to the furnishing of specified types of public facilities within the District, to the proposed rate and method of apportionment of the special tax, and to the proposed debt issues were heard and a full and fair hearing was held. H. At the Heating. evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the Heating is fully advised as to all matters relating to the formation of the District and the establishment of the Improvement Areas therein, the levy of the special tax and the issuance of bonded indebtedness therein. I. On February 19, 2003, subsequent to Heating, the City Council adopted is Resolution No. __ (the "Resolution of Formation"), which established the District, authorized the levy of the special tax, and took certain related actions. J. The City Council desires to hold a special election in each Improvement Area at which time there will be submitted to the qualified electors of each respective Improvement Area certain propositions relating to the authorization to levy a special tax, the establishment of an appropriations limit for the District, and the incurring of a bonded indebtedness to pay for certain facilities to serve the District. K. The City Council has determined that there have been fewer than twelve registered voters residing in the proposed boundaries of the District and each proposed Improvement Area therein for the period of 90 days prior to February 19, 2003 and that the qualified electors within each Improvement Area are the landowners within the respective Improvement Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals: Thc above recitals are all true and correct. Section 2. Necessary to Incur Bonded Indebtedness. The City Council hereby declares that it is necessary to incur a bonded indebtedness for thc District in an aggregate principal amount not to exceed $16,000,000 for Improvement Area No. 1 and an aggregate principal amount not to exceed $4,000,000 for Improvement Area No. 2 as authorized under thc terms and provisions of the Act. Section 3. Purpose of Bonded Indebtedness. The bonded indebtedness will be incurred for the purpose of financing the costs of designing, 11231\0074\718376.4 -2- acquiring and constructing the Facilities as defined in the City's Resolution No. and the Resolution of Formation, and incidental expenses, including, but not limited, to the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. Section 4. Boundaries of Improvement Areas. The whole of the property within Improvement Area No. 1, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment for Improvement Area No. 1, attached to the Resolution of Formation as Exhibit "B-I" shall pay for the bonded indebtedness of Improvement Area No. 1. The whole of the property within Improvement Area No. 2, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment for Improvement Area No. 2, attached to the Resolution of Formation as Exhibit "B-2" shall pay for the bonded indebtedness of Improvement Area No. 2. The description and map df the boundaries of the District and the Improvement Areas, on file in the office of the City Clerk and as described in the Resolution of Formation and incorporated herein by reference, shall be the boundaries of the District and the Improvement Areas. Section 5. Bond Terms. The bonds shall bear interest at a maximum interest rate of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, payable semiannually or in such other manner as the City Council or its designee shall determine, with the actual rate or rates and time of payment of such interest to be determined by the City Council or its designee at the time or times of sale of said bonds. The term of the bonds of each series shall be determined pursuant to a resolution of the City Council authorizing the issuance of such series, but such term shall in no event exceed 30 years from the date of issuance of such series of bonds or such longer term as is then permitted by law. Section 6. Accountability Measures. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District, including any bonded indebtedness for an Improvement Area: A. Such bonded indebtedness shall be incurred for the specific single purpose set forth in Section 3 above. 11231 \0074\718376.4 -3- B. The proceeds of any such bonded indebtedness shall be applied only to the specific purpose identified in Section 3 above. C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such indebtedness shall be deposited. D. The City Manager of the City, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required by Government Code Section 53411. Section 7. Election. For each Improvement Area, the proposition related to the incurring of the bonded indebtedness and the proposition relating to the levy of the Special Tax shall be combined into one ballot proposition, and shall be submitted to the qualified voters of the respective Improvement Area, together with a proposition to establish an appropriations limit for the District at a special election. For each Improvement Area, if the combined proposition for the levy of the Special Tax and the incurring of the bonded indebtedness and the proposition for the establishment of the appropriations limit receive the approval of more than two-thirds (2/3) of the votes cast on the proposition, bonds may be authorized, issued and sold for the purposes set forth herein, the Special Tax may be levied as provided for in the Resolution of Formation and the appropriations limit may be established as provided for in the Resolution of Formation. Section 8. Election Official. The City Clerk is hereby designated as the official to conduct the elections. It is hereby acknowledged that the City Clerk has on file a certified map of the boundaries of the District and the Improvement Areas, and a sufficient description to allow the City Clerk to determine the boundaries of the District and the Improvement Areas. Section 9. Waiver of Election Requirements. The City Clerk, acting as election official, has received Consents and Waivers from all qualified electors of each Improvement Area indicating their consent to the waiver of any time limits specified in Section 53326 of the Act and of other requirements pertaining to the conduct of the election. The City Clerk has submitted a notice indicating her concurrence, as election official conducting the election, with such waiver. Consequently, all statutory requirements regarding the 11231 \0074\718376.4 timing for the election and other election requirements set forth in such Consents and Waivers are waived. Section 10. Election Date. The time for notice having been waived by all of the qualified electors, the date of the special election for each Improvement Area shall be on February 19, 2003 in the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730, immediately following the adoption of this Resolution or such later date as is consented to by the City Clerk and the landowners within the District. The voted ballots shall be returned to the City Clerk immediately following the adoption of this Resolution. The City Clerk is authorized to conduct the elections following the adoption of the Resolution of Formation and this Resolution, and all ballots shall be received by, and the City Clerk shall close the election by 11:30 p.m. on the election day; provided the elections shall be closed, (as provided in Section 53326(d) of the Act) at such earlier time as all qualified electors have voted. Section 11. Mail Ballot. Pursuant to the Act, the election shall be conducted by mail ballot pursuant to the California Elections Code. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Rancho Cucamonga insofar as such provisions are determined by the City Clerk to be applicable. Section 12. Electors Determined. The City Council finds, based on information provided by the Registrar of Voters of the County of San Bemardino, that fewer than 12 registered voters have been registered to vote within the territory of the District and within the territory of each Improvement Area for each of the 90 days proceeding the close of the public hearing heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that for purposes of these proceedings the qualified electors are the landowners within each Improvement Area. Each landowner shall have one vote for each acre or portion thereof that he or she owns within the respective. Improvement Areas, as provided in Section 53326 of the Act. Section 13. Ballot. The City Council acknowledges that the City Clerk has caused to be delivered to each of the qualified electors of the respective Improvement Areas a ballot in the form required by the Act. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return 11231\0074\718376.4 -5- the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name of the landowner, (b) the address of the landowner, (c) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (d) the printed name and signature of the voter, (e) the address of the voter, (f) the date of signing and place of execution of the declaration described as item "c" above, (g) a notice that the envelope is an official ballot and is to be opened only by the canvassing board. The ballot proposals to be submitted to the qualified voters of Improvement Area No. 1 at the election shall generally be as _ follows: PROPOSITION A Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District"), subject to the accountability measures provided for in Resolution Nos. __ and __ of the City Cotmcil of the City of Rancho Cucamonga, incur an indebtedness and issue a series of bonds for Improvement Area No. 1 of the District in a maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga for Improvement Area No. 1 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. __ and , including the payment of principal and interest on bonds issued for Improvement Area No. 1 to finance the facilities and incidental expenses? PROPOSITION B Shall City of Rancho Cucamonga Conununity Facilities District No. 2003-01 (the "District") establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? 11231\0074\718376.4 -6- The ballot proposals to be submitted to the qualified voters of Improvement Area No. 2 at the election shall generally be as follows: PROPOSITION C Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District"), subject to the accountability measures provided for in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a series of bonds for Improvement Area No. 2 of the District in a maximum aggregate principal amount of $4,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga for Improvement Area No. 2 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. __ and __., including the payment of principal and interest on bonds issued for Improvement Area No. 2 to finance the facilities and incidental expenses? PROPOSITION D Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? Section 14. Return of Ballots. Ballots shall be returned to the City Clerk, acting as election official, no later than the close of the election. 11231\0074\718376.4 -7- ~,~/¢ Section 15. Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. PASSED, APPROVED AND ADOPTED this 19th day of February, 2003. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11231\0074\718376.4 -8- ~,~/5 RESOLUTION NO. L~,~° O,=~.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01~ CERTIFYING THE RESULTS OF THE FEBRUARY 19, 2003 SPECIAL TAX AND BOND ELECTIONS RECITALS: A. The City Council of the City of Rancho Cucamonga called and duly held elections on February 19, 2003 for Improvement Area Nos. 1 and 2 of City of Rancho Cucamonga Facilities District No. 2003-01 (the "District") pursuant to Resolution No. __ and Resolution No. __ for the purpose of presenting to the qualified electors within each Improvement Area of the District the propositions applicable to that Improvement Area which are attached hereto as Exhibits A-1 and A-2 and are incorporated herein. B. There has been presented to this City Council certificates of the City Clerk canvassing the results of the elections, copies of which are attached hereto 'as Exhibits B-1 and B-2 and are incorporated herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 2. . Election Held for Improvement Area No. 1. That Propositions A and B as set forth in Exhibit A-1 to this Resolution and presented to the qualified electors of Improvement Area No. 1 of the District on February 19, 2003 were approved by more than two-thirds of the votes cast at the election held for Improvement Area No. 1 and Propositions A and B each has carried. The City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within Improvement Area No. 1 of the District the special tax described in Proposition A for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition A and to issue bonds in an amount not to exceed $16,000,000 as specified in Proposition A. The appropriations limit as specified in Proposition B is hereby established. Section 3. Election Held for Improvement Area No. 2. That Propositions C and D as set forth in Exhibit A-2 to this Resolution and presented to the qualified electors of Improvement Area No. 2 of the District on February 19, 2003 were approved by more than two-thirds of the votes cast at the election held for Improvement Area No. 2 and Propositions C and D each has 11231\0074\718375.5 carried. The City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within Improvement Area No. 2 of the District the special tax described in Proposition C for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition C and to issue bonds in an amount not to exceed $4,000,000 as specified in Proposition C. The appropriations limit as specified in Proposition D is hereby established. Section 4. Notice of Special Tax Lien. The City Clerk is hereby authorized and directed to record in the Office of the County Recorder of San Bemardino County within fifteen days of the date hereof a notice of special tax lien for each Improvement Area of the District in the form required by Streets and Highways Code Section 3114.5. PASSED, APPROVED AND ADOPTED this 19th day of February, 2003. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1123 ! \0074\718375.4 -2- Exhibit A-1 Text of Ballot Propositions Submitted to Electors of Improvement Area No. 1 PROPOSITION A Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District"), subject to the accountability measures provided for in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga, incur an indebtedness and issue a series of bonds for Improvement Area No. 1 of the District in a maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. and __ of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga for Improvement Area No. 1 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. __ and , including the payment of principal and interest on bonds issued for Improvement Area No. 1 to finance the facilities and incidental expenses? PROPOSITION B Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? 11231 \0074\718375.4 Exhibit A-2 Text of Ballot Propositions Submitted to Electors of Improvement Area No. 2 PROPOSITION C Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District"), subject to the accountability measures provided for in Resolution Nos. __ and of the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a series of bonds for Improvement Area No. 2 of the District in a maximum aggregate principal amount of $4,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. and __ of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. __ and __ of the City Council of the City of Rancho Cucamonga for Improvement Area 1~o. 2 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. __ and , including the payment of principal and interest on bonds issued for Improvement Area No. 2 to finance the facilities and incidental expenses? PROPOSITION D Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? 11231\0074\718375.4 Exhibit B-1 CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that examined the retums of the Special Tax and Bond Election for Improvement Area No. 1 of the City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District"). The election was held in the chambers of the City Council at 10500 Civic Center, Rancho Cucamonga, California 91730 on February 19, 2003. ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A and B are as follows: Proposition A Proposition B Yes: Yes: No: No: Total: Total: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 19th day of February, 2003. By:. City Clerk City of Rancho Cucamonga 11231\0074\718375.4 Exhibit B-2 CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF · THE CANVASS OF THE ELECTION RETURNS CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that I examined the returns of the Special Tax and Bond Election for Improvement Area No. 2 of thc City o£Rancho Cucamonga Community Facilities District No. 2003-01 (the "District"). The election was held in the chambers of thc City Council at 10500 Civic Center, Rancho Cucamonga, Cali£omia 91730 on February 19, 2003. ballots were returned. I further certi£y that the results of said election and the number of votes cast for and against Propositions C and D are as follows: Proposition C Proposition D Yes: Yes: No: No: Total: Total: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 19th day of February, 2003. By: City Clerk City of Rancho Cucamonga 11231\0074\718375.4 RESOLUTION NO. 03- ~)~ 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND EACH OF THE CUCAMONGA COUNTY WATER DISTRICT, THE ETIWANDA SCHOOL DISTRICT AND THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT RECITALS: A. The City Council has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the construction of certain public facilities. This Community Facilities District is designated as City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "Community Facilities District"). B. The Cucamonga County Water District (the "CCWD") provides water and sewer service to the property within the proposed Community Facilities District. The Etiwanda School District ("Etiwanda") and the Charley Joint Union High School District ("Chaffey") each operate schools serving property within the proposed Community Facilities District. The CCWD, Etiwanda and Charley are sometimes collectively referred to herein as the "Districts." C. Included among the public facilities proposed to be constructed and/or reconstructed are certain facilities necessary to serve the property within the proposed Community Facilities District and which will be owned, operated and maintained by the Districts. D. The Act provides that the Community Facilities District may finance the construction of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") pursuant to one or more joint community facilities agreements adopted pursuant to Section 53316.2 of the Act. Such agreements may be entered into at any time prior to the adoption by the City Council of a resolution of formation creating the Community Facilities District if each legislative body adopts a resolution declaring that such joint community facilities agreement would be beneficial to the residents of each respective agency. E. The forms of Joint Community Facilities Agreements by and between the City and each of the Districts (each a "JCFA" and collectively the "JCFA's") have been presented to this City Council for its consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 11231\0074\719315.4 Section 1. Recitals. The above recitals are all tree and correct. Section 2. Declaration. The City Council hereby declares that each JCFA would be beneficial to the residents of the City. Section 3. Approval of JCFA. The form of each of the JCFA's as presented to this City Council and on file with the City Clerk is hereby approved. The Mayor or the City Manager is hereby authorized and directed to execute and deliver each JCFA substantially in the form on file with the City Clerk and presented to this meeting, with such additions thereto or changes or insertions therein as may be approved by the Mayor or City Manager (such approval to be conclusively evidenced by such execution and delivery). PASSED, APPROVED, and ADOPTED this __ day of Mayor ATTEST: City Clerk Approved as to form: City Attorney 11231\0074\719315.3 -2- ~,~ ORDINANCE NO. ~ q q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF SUCH DISTRICT RECITALS: A. The City Council (the "City Council") of the City of Rancho Cucamonga, California (the "City"), has previously adopted Resolution No. 02-327 stating its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and to establish two improvement areas, Improvement Area No. 1 and Improvement Area No. 2 (each an "Improvement Area" and collectively the "Improvement Areas") therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Govemment Code (the "Act") to finance certain public facilities. B. The City Council has previously adopted Resolution No. 02-328 stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of a series of bonds for Improvement Area No. 1 in the maximum aggregate principal amount of $16,000,000 and a series of bonds for Improvement Area No. 2 in the maximum aggregate principal amount of $4,000,000. C. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a public hearing on the establishment of the District and the Improvement Areas therein, the extent of the District and each Improvement Area therein, the furnishing of specified types of public facilities within the District, the proposed rate and method of apportionment of the special tax within each Improvement Area, and the proposed debt issues (the "Heating"). D. Notice of the Heating was published and mailed to all landowners proposed to be included in the District in accordance with the Act. ' E. Prior to the Hearing there was filed with the City Council a report containing a description of the facilities necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities as required by Section 53321.5 of the Act. F. On February 5, 2003, the City Council opened the Hearing and continued the Heating to February 19, 2003. 11231\0074\718379.6 G. At the Heating all persons desiring to be heard on all matters pertaining to the establishment of the District and each proposed Improvement Area, the extent of the District and each proposed Improvement Area, the furnishing of specified types of public facilities within the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issues were heard and a full and fair heating was held. H. At the Hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the Hearing is fully advised as to all matters relating to the formation of the District and the establishment of the Improvement Areas therein, the levy of the special tax and the issuance of bonded indebtedness therein. I. On February 19, 2003, subsequent to the Heating, the City Council adopted Resolution No. 03- , which established the District and the Improvement Areas and authorized the levy of a special tax within each Improvement Area. J. On February 19, 2003, subsequent to the Hearing, the City Council also adopted Resolution No. 03- which determined the necessity to incur bonded indebtedness in the maximum principal amount of $16,000,000 for Improvement Area No. 1 and a maximum principal amount of $4,000,000 for Improvement Area No. 2. K. On February 19, 2003, an election was held within each Improvement Area at which the qualified electors of each Improvement Area approved the establishment of an appropriations limit for the District, the incurrence of bonded indebtedness and the levy of a special tax within the respective Improvement Area. L. On February 19, 2003, the City Council adopted Resolution No. 03- which certified the results of the February 19, 2003 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in each Improvement Area were in favor of the propositions to establish an appropriations limit for the District, incur bonded indebtedness and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 2. Authorization of Levy of Special Tax. By passage of this Ordinance, the City Council authorizes the levy of a special tax within Improvement Area No. 1 and Improvement Area No. 2 of the District at the maximum rate and in accordance with the rate 11231\0074\718379.4 -2- ~25 and method of apportionment set forth for each Improvement Area in Exhibit B to Resolution No. __ (the "Rate and Method") which is on file in the office of the City Clerk and incorporated herein by reference. Section 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 of each year, or such other date as is established by law or by the County Auditor- Controller of the County of San Bemardino, the specific special tax to be levied on each parcel of land in each of the Improvement Areas of the District, except that the special tax rate to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate. Section 4. Exemption of Government Property. Properties of entities of the state, federal, or other local governments shall be exempt from the above-referenced and approved special tax. Section 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in Resolution No. __ The special tax shall be levied only so long as needed for its purpose as described in Resolution No. __ Section 6. Collection. The special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes. Provided, however, that the special tax may be collected in such other manner as may be provided by the City Council. Section 7. Foreclosure. As a cumulative remedy, if any amount levied as a special tax for payment of bond interest or principal, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax. Section 8. Authorization. The specific authorization for adoption of this Ordinance is the provisions of Section 53340 of the Act. 11231\0074\718379.4 -3- Section 9. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED AND ADOPTED this 19th day of February, 2003. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11231\0074\718379.4 -4- ~,~ 7 R A N C H O C u C A M O N G A COMMUNITY SERVICES Slaff Report DATE: February 19, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director Joe O'Neil, City Engineer BY: Paula Pachon, Management Analyst Iii Karen McGuire-Emery, Senior Park Planner SUBJECT: PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, proiects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE Day Creek Park (Previously Rancho Etiwanda Park): · The restroom building is compJete. Construction of the tennis courts has been resolved and is continuing. Play equipment has been ordered. Concrete crews are back on site and continuing flatwork installation. South Etiwanda Park: · Architect is working on the conceptual plan. Central Park: · The architect is preparing construction documents. The first progress review submittal is anticipated in mid-February. East Beryl Park: · Tot Lot equipment is scheduled for installation the week of February 3rd. Landscape restoration to begin at the same time. City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 Ralph M, Lewis Park: · The maintenance crew has completed the installation of the 6 baskets and the concrete pads for the disc golf course. Inova, a local manufacturer of disk golf products, provided the baskets to the City. B, COMMUNITY SERVICES UPDATE Senior Services: · "Love Is In The Aid" The Rancho Cucamonga V.I.P. Club and the Community Services Department co-sponsored a Valentine's Day Party on February 13th, 10:00 a.m. Singing sensation Gerri Iris Bryant entertained the crowd, as volunteers delivered special valentine candy grams. Refreshments were served and door prizes were given to the lucky ones. (This event had not yet taken place when our report was prepared for Council. An update on this activity will be provided in our March CSD update.) · "Love Me Tonight" (or this afternoon) as Tom Jones sound alike, Jeff Long, performs for a wild and crazy crowd on Sunday, February 16th, 2:00 p.m. At 1:00 p.m., before the per[ormance, all will enjoy finger foods prepared by the Teen Recreation Activity Club (TRAC). This intergenerational activity is a popular event for teens and seniors alike. (This event had not yet taken place when our report was prepared for Council. An update on this activity will be provided in our March CSD update.) · The Senior Advisory Committee's next regular meeting is scheduled for Monday, February 24, 2003, at 9:00 a.m. at the Senior Center. · When in Rancho, do as the Romans do at our annual Senior Center Roman Banquet. This event will take place on Friday, March 7th, starting at 5:00 p.m. Guests will enjoy a Roman feast and period entertainment. The Mission Room will be transformed into an ancient oasis for this event. · Updateon January Events: During January, the Senior Center hosted two very special events. Highlights of these events are as follows: · Hospitality Dinner - January 15th - Staff hosted the quarterly Hospitality Dinner to welcome 15 new guests to the Senior Center. Our guests enjoyed a free Italian dinner donated by a local restaurant and friendly conversation. · Bi.q Band Dance - January 18"' - Approximately 50 seniors danced the night away to the big-band sound of B.B.'s Little Big Band. This was the first dance at the Senior Center since late 2001. Staff and seniors alike hope to be able to offer dances again on a regular basis. Senior Transportation Program: · The senior transportation pro.qram is a partnership between the Rancho Cucamonga/Fontana Family YMCA and the City of Rancho Cucamonga. This vital program City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 provides free transportation service for homebound seniors to come to the Senior Center to participate in our daily hot lunch program. Seniors are also able to take part in senior programs and activities while they are waiting for lunch to be served. Eight hundred and eighty-four (884) rides were provided through the senior transportation during the fourth quarter of 2002 (October through December). Monthly miles driven averaged 1,543 for this same time period. The program also provides bi-monthly rides to the grocery store with Kiwanis volunteer chaperones. Human Services: · Free Tax Counselinq - Volunteers from AARP will be preparing tax returns for all members of the community every Monday and Wednesday, from 10:00 - 1:30 p.m., through April 14. Appointments are not necessary; guests will be assisted on a first come, first served basis. · Breathe Easy Workshop - Representatives from the Orchard Plaza Therapy Clinic will conduct a free workshop on respiratory related issues on the third Tuesday of every month. The next workshop will be held February 18th at 10:00 a.m. 55 Alive - Get a discount on your auto insurance when you successfully complete the 8- hour refresher course especially designed for drivers age 50 and over. The course will be offered over a two-day period on February 11 & 12 from 1:00 - 5:00 p.m. at the Rancho Cucamonga Senior Center. Registration will be accepted on an on-going basis until all spots are filled. Cost is $10.00 per person. · HICAP - A volunteer counselor from the State of California Health Insurance Counseling Program will be at the Senior Center on February 6th and 20th, between 9:00 a.m. and 1:00 p.m. this month. The HICAP program assists individuals and families with Medicare problems and other health insurance concerns. Trained and registered volunteer counselors provide objective information on Medicare, Medicare supplement insurance, managed care, long-term care planning and health insurance. Community education, individual counseling and some legal services are also available and are administered through the San Bernardino County Department of Aging and Adult Services. · AReWise is an outreach program for healthy aging. The goal of the AgeWise program is to provide free in-home counseling services to older adults to maintain the best possible physical and mental health. Services include: senior peer counseling, support groups and educational classes. For more information, call 1-800-451-5633. Trips and Tours: · Solvan.q, March 15, 2003. Step into this quaint Danish village and enjoy all the sights, sounds and scents that surround you. Enjoy the day at you leisure to exploring the Scandinavian import shops and bakeries of Solvang. Volunteer Services: · The table on the next page summarizes our Department's volunteer usa.qe for the month of December 2002, and year-to-date: City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 Month: December 2002 YEAR TO DATE # of # of Volunteers # of Hours i Value Volunteers # of Hours $ Value ~.dministratlon6 25 350 67 208 2,912 ~ports 230 2,744 38,416 2,816 30,143 422,002 Seniors & 55 261 3,654 697 4,007 56,098 Human Services Special 17 51 714 314 3,050 46,886 Events Youth 136 1,001 14,014 1,262 9,556 134,986 Programs Total I 444 4,082 $57,148 5,156 46,964 $662,884 *Based on $14/hour. Teens: · The table below summarizes teen program participation for the month of January 2003: Pro~lram Attendance / Month - January 2003 Teen Center 652 Homework Room 63 TRAC - Babysitting 20 TRAC members babysat 90 youngsters TRAC - Monthly meetings 48 Spruce Skate Park 566 · Teen Center - The Teen Center had a fun-filled all night event on Friday, January 24, 2003. Teens participated in many fun activities including a live Clue game mystery. Forty (40) teens enjoyed the all night adventure staff provided. · The Teen Center Homework Room - Teens are coming to the homework room to do their Internet research for their school projects. January was the end of the first semester and for many teens at school. The homework room was used by teens a lot this month to gather information for their end of semester projects. · TRAC teens are meeting every month to discuss programs and events they would like to see the City offer for teens in the community. · The Spruce Park Skate Park - Staff is making regular weekly visits to the skate park to promote safe skating by handing out donated chips and beverages free to the youth wearing their proper gear. Staff is collaborating with the Police Department to develop a marketing plan that will inform youth in our community about the new helmet law that took effect on January 1, 2003. The new law, SB1924, states that anyone under 18 years old may not operate a bicycle, in-line skates, skateboard or scooter with out wearing a helmet. City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 Youth Activities: · Our Playschool Classes are filling up quickly for our winter session. Currently we have over 620 youngsters registered into classes at our four locations, Lions East and West Community Centers, Hillside Church and the Mulberry Early Learning Center. Staff continually adds additional classes to accommodate the need. · The Mobile Recreation Proqram, Fun on the Run is becoming a fun neighborhood event. The program served over 587 youth for the month of January. The Mobile Recreation Unit had one (1) rental during the month of January at the Lewis Evergreen Apartment Complex, serving 43 Lewis apartment participants. The Recreation Unit is going to the following park sites during the winter season: Weekday Park Location Program Time ~.~4~1~'~.~~.~.¢~_~. ~ Monday Bear Gulch Park 2:30-5:00 pm Tuesday Old Town Park 2:30 - 5:00 pm Wednesday Hermosa Park 2:30 - 5:00 pm c ~-~%"~-~ Thursday Mountain View Park 2:30 - 5:00 pm Friday Windrows Park 2:30 - 5:00 pm Grants: · Teen Connection Grant - Staff visited all the local high school campuses during the month of January and interacted with over 1,200 students. The numbers are little lower for the month of January due to a couple weeks of high winds causing cancellation of our program on the school campus. Staff visited the following campuses during their lunch periods on the following days: Weekday High School January Students Served Monday Los Oso High School 250 Tuesday Etiwanda High School 320 ; Wednesday SchooiRanch° Cucamonga High 315 Thursday Alta Loma High School 390 · Youth Enrichment Services Grant - (YES) attendance is increasing at both the Mulberry Learning Center and the Lions East Center FACT Centers. Staff is replacing the old Youth Enrichment Logo and implementing the new First 5 logo from the Commission. The table on the next page provides participation statistics for the YES program for the month of January 2003: FIRST5 ~11~ SAN BERNARDINO City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 Location / Site Attendance - January 2003 Mulberry Learning FACTS Center 1,040 participants Lions East FACTS Center 1,223 participants Car Seat Safety Checks 53 safety checks Special Interest Classes 175 participants Special Events (Dad's support ~lroups & Mom's Clubs) 13 participants Classes: · Recreation Classes - All of our contract recreation classes are doing very well. Enrollment for classes is high for this season. The following classes were added for our winter session and are doing well: Ceramics and Clay; Adult Ceramics; Family Fun (2 sessions); Fitness Mini Holiday Sessions; Muscle Tone/Body Sculpt (2 sessions; and Step Aerobics. Youth Sports: · The next Sports Advisory Committee meeting is scheduled for Wednesday, April 9th at the Civic Center. The Fall/Winter allocation requests are due at this meeting for the 2003 fall season (August 1, 2003-January 31, 2004). In addition, the Committee will discuss the possibility of fees for field/lights for youth sports groups. · The table below summarizes youth sports activities for the reporting period: Activity # of Age/Gender # Teams Participants Winter Pee Wee Basketball 200 3-5/boys & girls 20 Youth Basketball 960 6-15/boys & girls 122 RC Family Sports Center: · The table below provides drop-in/open play participation at the Center for the reporting period: Activity # of Participants Adult Basketball 849 Youth Basketball 1,659 Adult Racquetball 551 Youth Racquetball 49 Adult Volleyball 55 Youth Volleyball 63 Jazzercise 1,324 · The table below and on the next page summarizes organized adult activity at the Sports Center during the reporting period: J Activity # of Participants Acje/GenderI # TeamsI Adult Racquetball 20 Adult/Males N/A City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 Activity # of Participants Age/Gender I #Teams Adult Basketball (full court) 80 Adult/MalesI 8 Adu t Basketball (3-on-3) 50 Adult/Ma es 10 Adult Sports: · Four (4) adult softball tournaments will take place at the Epicenter and Adult Sports Complex during the months of February and March 2003. · Thirty-four (34) adults are participating in our tennis lea.ques this winter. · The table below summarizes adult sports activities at the Epicenter for the reporting period: Activity # of Participants #Teams Gender Softball 2,368 I 148 Males/Females Soccer 848 53 Males/Females Flag Football 110 10 Males Sports Trips: · The Sports Division is offering the community the opportunity to spend the day attending games of some of our local professional sports teams. Future sports trips include the Los Angeles Clippers vs. Toronto Rapters game on March 16th and Los Angeles Kings vs. Boston Bruins game on March 22nd. Cost for each trip is approximately $35.00 per person and includes game ticket and transportation. Non-Profit Sports Organizations: · Bi-annually, the Community Services Department, through the Sports Advisory Committee allocates sport fields for non-profit orqanized youth sport lea.ques. For the reporting period, 10 non-profit sport groups utilized 18 City parks and had 179,738 participants and spectators enjoying our parks during both practices and game times. Community Wide Special Events: · Kids Fest - Due to budget cuts, we will not be having a Kids Fest event this year. · Cinco de Mayo - North Town Housing Development Corporation and the City of Rancho Cucamonga Community Services Department are proud to sponsor Cinco de Mayo for the community. The event will be held at Old Town Park on May 3, 2003, from 12:00 p.m. to 5:00 p.m. The event will include entertainment, food booths, face painting and game booths and other activities for youngsters. Silver Anniversary - Community Services staff is coordinating the sales of Silver Anniversary T-shirts and Cookbooks. The Commemorative Pins and Calendars were very popular items during the holidays. We are currently planning our exciting Anniversary Celebration for May 10th, at the Epicenter. LeAnn Rimes (American Music and Academy of Country Music Award Winner) and community entertainment, fireworks and a Taste of City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 Rancho Cucamonga will be the star attractions of our celebration of the City's 25t~ Anniversary. · Event Planninq - Staff is currently creating and programming other upcoming events for 2003, including the Fourth of July Celebration, Concerts in the Park and Movies in the Park Series, Founders Day and the Community Foundation's Founder's Night Gala. · Facilities - Staff is meeting quarterly with users of the equestrian center to address maintenance needs and programming. Our local groups are very cooperative and supportive of the City's efforts. Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Performing and Cultural Arts: · At the November 2002, meeting of the Community Arts collation a name was proposed to identify the group of representatives from local arts organizations. The proposed name, the Inland Empire Arts Alliances, also known as ie:Arts was approved at the January 27, 2003 meeting. Also, at the January meeting two chairpersons were appointed to head the meetings and, along with a steering committee, will chart the path for further development of the Arts Alliance. Rancho Cucamonga's Cultural Arts Coordinator, Susan Sluka, and the City of San Bernardino's Director of Cultural and International Affairs, Jim Ruester will assume the chair positions for the following year. A quarterly arts calendar will be produced within the group to help increase public awareness of local arts organizations, activities, events and performances. The first calendar will be out in March covering the spring months of March through May. The City of Rancho Cucamonga's Cultural Arts Division took the initiative to start the Arts Alliance which began meeting in July 2002, inviting all arts agencies in the western region of the inland Empire to participate in the networking and promotional activities. The entire group is currently encouraged to meet monthly while in the critical development phase of the Alliance, and will begin to hold quarterly meetings for all members and monthly meetings for the Alliance's Steering Committee. · The City's 4th Community Theatre production, Once Upon a Mattress is now underway after the final round of auditions resulted in a cast of over 60 community members. A total of 120 youth and adults auditioned over two days to compete for a spot in the cast. The musical comedy is the Broadway retelling of the famous fairy tale, The Princess and the Pea. Written with great humor and whimsy, and with music by Mary Rodgers (daughter of Richard Rodgers of Rodgers and Hammerstein fame) the production will offer delightful entertainment for the entire family. The show will be in rehearsal at the Lions West Community Center through February and March, with the performances slated for April 4t~, 5th and 6t~ at the Alta Loma High School Theatre. This will be the first production that will feature several adult performers in the mature roles who, added to the exuberantly youthful cast, will create a nice blend of professionalism and community camaraderie. The City was fortunate to have Banner Mattress and Simmons Beautyrest on board as show sponsors, contributing a generous $6,000 to the production along with a $1,000 sponsorship from the Community Foundation. City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 · Cultural Center Theater Company Recruitment Continues - The City's Cultural Arts and Cultural Center representatives met with the Los Angeles based children's theatre company, Open Window, in the continuing effort to establish the a local theatre company to hold residency in the future Cultural Arts Center. The City has met with various artistic directors from California and across the nation to develop a plan for the most professional and effective children's theatre entertainment for the future theatre. Meetings and negotiations will continue for the next couple of months, while other aspects of the cultural center planning continue to move steadily forward. Parks and Facilities: · The table on the next page provides information on park/special use facility reservations for the month of January 2003: Location Attendance Number of Number Hours of Use Applications Processed of Rentals Red Hill 620 10 10 33 Community Park Heritage Community 480 12 12 38 Park Hermosa Park 140 4 4 12 Milliken Park 160 5 5 23 Coyote Canyon Park 130 3 4 11 Civic Center Courtyard* 0 0 ~ 0 0 Amphitheater 300 2 2 6 Equestrian Center 45 3 3 5 Total 1,875 39 40 128 * Not available due to pending Civic Center construction project. Heritage Park Equestrian Center: · Equestrian Center usage for the months of February and March 2003 is shown in the table below: Group Date Event/Time Frame Alta Loma Riding Club February 2"~ Show/9:00a.m.-3:00p.m. Alta Loma Riding Club February 6tn Board Meeting/7:30p.m.-9:00p.m. 4-H Club February 17th General Meeting/7:00p.m.-9:00p.m. Alta Loma Riding Club Februa~ 18tn General Meeting/7:30p.m.-9:00p.m. Alta Loma Riding Club March 6"' Board Meeting/7:30p.m.-9:00p.m. Alta Loma Riding Club March 16~" Play Day/9:00a.m.-3:00p.m. 4-H Club March 17~ General Meeting/7:00p.m.-9:00p.m. Alta Loma Riding Club March 18t" General Meeting/7:30p.m.-9:00p.m. Park and Recreation Commission: · The next meeting of the Park and Recreation Commission will be on February 20th. At that meeting the following agenda items will be discussed/acted upon: City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 · Update on the Senior Advisory Committee. · Update on the Sports Advisory Committee. · Update on the Central Park project. · Update on the Cultural Center project. · Epicenter marketing quarterly report. · Review of Fund 20 and budget recommendations. · Annual review of trail priorities. · Annual review of Recreation Needs and Systems Recommendations Study Relating to the Implementation Plan for Park and Facility Development. · Impact of State budget considerations on the 2002-03 Community Services Department's programs. · Update on RCpark.com website. Rancho Cucamonga Community Foundation: · The following items were discussed at the Community Foundation's February 11th, 2003 meetinq: · Update on Cultural Center project. · Approval of an implementation plan for the 2003 Founder's Gala. · Evaluation and direction regarding the strategic planning process. · Consideration of collaborative efforts with the Rancho Cucamonga Public Library Foundation regarding the fundraising efforts for the Cultural Center Project · Community Foundation Strategic Planning Session #5 --- Board Development, Fund Development Training and Development of a Fund Development Plan. Rancho Cucamonga Epicenter: · Staff is near completion of a 5-minute Epicenter marketin.q video of the facility. This piece will provide potential users/renters of the facility with an up close look at all of the amenities that the facility has to offer. Copies of the video will be available in both CD and VHS format and will also be loading onto the Epicenter's website. · Staff is in the process of developing marketinq packets for the Epicenter to be sent to potential film producers and other rental opportunities. · The following rental took place during the reporting period: · Logic Entertainment - Direct TV Commercial Filming - Rancho Cucamonga Epicenter Stadium - February 9, 2003. · Staff is in the process of working with the following applicants for future activities at the Epicenter: · UCLA - Student Filming Project- Epicenter Stadium - March 2003. · Diversified Marketing - Used Car Tent Sale - March 20-24, 2003 - Epicenter Special Event Area. · Abundant Living Church - Easter Services - April 20, 2003 - Epicenter Stadium and Softball Field. City Council Parks, Recreation Facilities and Community Services Update February 19, 2003 · Rancho Cucamonga Police Department - Bike Safety Clinic- May 3, 2003 - Epicenter Special Event Area. · Community Services Department - Silver Anniversary Celebration - May 10, 2003 - Epicenter Stadium. · Inland Valley Daily Bulletin - High School All Stars Game - June 10, 2003 - Epicenter Stadium. · Rancho Cucamonga High School - 2003 Graduation Ceremony - June 11, 2003 - Epicenter Stadium. · Vons/Safeway - Celebrity/CEO Softball Tournament- September 27, 2003 - Epicenter Stadium. · Rancho Cucamonga Chamber of Commerce - Grape Harvest Festival - October 2- 5, 2003 - Epicenter Special Event Area. Community Services Director City Engineer hlCOMMSERVtCouncil&BoardstCityCouncillStaffReportst2OO31update2.19.03, doc