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2003/04/16 - Agenda Packet
CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive + Rancho Cucamonga, CA 91730-3801 AGENDAS · Fire Protection District · City Council · Redevelopment Agency REGULAR MEETINGS Ist and 3rd Wednesdays + 7:00 p.m. APRIL 16, 2003 AGENCY~ BOARD ~g~ 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 5:30 p.m. Closed Session .................... Tapia conference Room 7:00 p.m. Regular Fire Protection District Meeting .... Council Chambers Regular City Council Meeting ............. Council Chambers Regular Redevelopment Agency Meeting... Council Chambers INFORMATION FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL The City Council encourages free express ion of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you m ay do so under "Public Corn munications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a 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. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table during the Council meeting. LIVE BROADCAST Council meetings are broadcast live on Channel 3. Meetings are rebroadcast on the following Wednesday at 11:00 a.m. and 7:00 p.m. The City Council meets regularly on the first and third Wednesday Of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency And the Fire District Board. Copies of City Council agendas and minutes can be found at: http://www.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. ~S~CHO CITY COUNCIL AGENDA 1 APPdL 16, 2003 CUCAMONGA A. CALL TO ORDER ] 1. Roll Call: Alexander , Gutierrez Howdyshell , Kurth .... and Williams __ II B.ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of Proclamations by Robert Neufeld, Board President, Cucamonga County Water District, to Donald Kurth for his years of service on the CCWD Board of Directors. 2. Presentation of Proclamations and Certificates of Recognition to the City of Rancho Cucamonga Basketball Program's Girls "A," "B," and "C" Division Teams for winning the Southern California Municipal Athletic Federation (SCMAF) Championships. 3. Presentation of a Certificate of Appreciation to the Friends of the Rancho Cucamonga Public Library, recognizing their donation of more than 1/2 million dollars for library services over the past eight years. 4. Presentation of a Proclamation in recognition of "National Community Development Week, April 21-27, 2003." 5. Presentation by the Police Department on the Bicycle Safety Program. C, PUBLIC COMMUNICATIONS 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. 'COUNCIL COMMUNICATIONS This is the time and place for reports to be made by members of the City Council on matters not on the agenda. ,'i~ CITY COUNCIL AGENDA 2 APRIL 16, 2003 R cao CUCAMONGA E. CONSENT CALENDAR II 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: March 19, 2003 (Special Meeting) March 19, 2003 2. Approval of Warrants, Register March 26 thru April 9, 2003, and '1 Payroll ending April 9, 2003, for the total amount of $5,028,034.36. 3. Approval to receive and file current Investment Schedule as of March 48 31, 2003. 4. Approval to authorize the advertising of the "Notice Inviting Bids" for 54 the Carnelian Street Storm Drain and Street Rehabilitation Improvements from Vivero Street to 19th Street, to be funded from Acct. No. 11123035650/1450112-0 and 11763035650/1296176-0. RESOLUTION NO. 03-085 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VIVERO STREET TO 19TM STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval to authorize the advertising of the "Notice Inviting Bids' for 62 the construction of Etiwanda Avenue - Bike Lane and Sidewalk Improvement from Victoria Street to 700 feet north, to be funded from Acct. No. 12343035650/1418234 (Safe Route to School Program) and Acct. No. 11763035650/1418176 (Measure "1"). RESOLUTION NO. 03-086 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT FROM VICTORIA STREET TO 700 FEET NORTH IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS SCHO CITY COUNCIL AGENDA APRIL 16, 2003 3 CUCAMONGA 6. Approval to authorize the advertising of the "Notice Inviting Bids" for 70 the Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, to be funded from AB 2928 Traffic Congestion Relief, Acct. No. 11823035650/1022182 and Measure 'T', Acct. No. 11763035650/1022176 for construction of said project. RESOLUTION NO. 03-087 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 7. Approval to authorize the advertising of the "Notice Inviting Bids" for 78 the 19th Street Landscape Improvements along the south side parkway east of Archibald Avenue to Hermosa Avenue, to be funded from Acct. No. 11103165650/1441110-0. RESOLUTION NO. 03-088 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKWAY EAST OF ARCHIBALD AVENUE TO HERMOSA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 8. Approval of a Resolution to authorize advertising of the "Notice 86 Inviting Bids" for the Seismic Retrofit of the Civic Center. RESOLUTION NO. 03 -089 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SEISMIC RETROFIT TO THE CIVIC' CENTER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS CITY COUNCIL AGENDA 4 APRIL 16, 2003 CUCAMONGA 9. Approval to summarily vacate a portion of Cherry Lane and designate 92 Cherry Lane as a private street, thereby exempting the abutting properties from requirements set forth in Chapter 12.08 of the Municipal Code. RESOLUTION NO. 03-090 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING CHERRY LANE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN CONDITIONS REsoLuTION NO. 03-091 '104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING TO BE VACATED A PORTION OF CHERRY LANE LOCATED AT THE NORTHWEST CORNER OF CARNELIAN STREET AND CHERRY LANE 10. Approval of Traffic Signal Electricity and Maintenance in the amount of '108 $36,100 to be funded from Acct. No. 1151-303-5300, and approval of an appropriation of $36,100 to Acct. No. 1151-303-5300 from the Street Light Assessment District No. 1 (SLD#1) fund balance. 11. Approval to accept Landscape Improvements for Tract 15492, '109 submitted by KB Home Greater Los Angeles, Inc., located on the southeast corner of Milliken Avenue and Terra Vista Parkway. 12. Approval of Ordering the Annexation to Landscape Maintenance '1'1'1 District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRCCUP00-09, located at 9212 Base Line Road, submitted by Mr. Shoaib C. Patail. RESOLUTION NO. 03-092 '112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRCCUP00-09 13. Approval of Improvement Agreement, Improvement Securities and 121 Ordering the Annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for CUP 99-56, located on the north side of Foothill Boulevard, west of Etiwanda Avenue, submitted by the Roman Catholic Bishop of San Bernardino. ~~cao CITY COUNCIL AGENDA 5 APRIL 16, 2003 RESOLUTION NO. 03-093 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CUP 99-56 RESOLUTION NO. 03-094 '~25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR CUP 99-56 14. Approval of Improvement Agreement and Improvement Security and 134 Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2001- 00805, located at 10863 and 10865 Jersey Boulevard, submitted by Ralph Karubian, Sol Stone, Marcia Stone, Charles Karubian and Laurence Karubian. RESOLUTION NO. 03-095 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00805 RESOLUTION NO. 03-096 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2001-00805 15. Approval of the Construction and Maintenance Agreement between the City of Rancho Cucamonga and the County of San Bernardino 146 (CO 03-026) for the proposed construction of Milliken Avenue/Wilson Avenue Extension, Milliken Avenue from 1380' north of Banyan Avenue to Wilson Avenue and Wilson Avenue from Deer Creek Channel to Milliken Avenue. ~~cRo CITY COUNCIL AGENDA 6 APRIL 16, 2003 ClJCAMONGA RESOLUTION NO. 03-097 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE COUNTY OF SAN BERNARDINO FOR THE CONSTRUCTION OF MILLIKEN AVENUE/WILSON AVENUE EXTENSION, MILLIKEN AVENUE FROM 1380' NORTH OF BANYAN AVENUE TO WILSON AVENUE AND WILSON AVENUE FROM THE DEER CREEK CHANNEL TO MILLIKEN AVENUE 16. Approval of a Professional Services Agreement with Dan Guerra and 149 Associates (CO 03-027) to provide Plan Check Services for the Central Park Community/Senior Center Park Project in the amount of $48,250.00, including contingency, and approval of an appropriation in the amount of $60,250.00 from Fund 120, Park Development Fund balance, for the plan check services and the signal design. 17. Approval of Improvement Agreement Extension for Parcel Map 15692, 150 located on the west side of Hellman Avenue, north of Wilson Avenue, submitted by Ms. Patricia Prutting. RESOLUTION NO. 03-098 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 15692 18. Approval to release the Maintenance Guarantee Bond for Tract 15730, located on the northwest corner of Beryl and Mignonette, 153 submitted by DPDC Rancho 45/Ltd., a California Partnership. 19. Approval of Improvement Security and release of previously submitted cash deposit security for DRC2002-004171 generally located in Red 155 Hill Park, west of Vineyard Avenue, south of Base Line Road, submitted by AT&T Wireless. RESOLUTION NO. 03-099 157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT SECURITY AND RELEASE OF PREVIOUSLY SUBMITTED CASH DEPOSIT SECURITY FOR DRC2002-00417, SUBMITTED BY AT&T WIRELESS CITY COUNCIL AGENDA APRIL 16, 2003 7 20. Approval to release the Faithful Performance Bond, No. 3419058 in 158 the amount of $238,735.70, for the Amethyst Avenue Pavement Overlay from Highland Avenue to Wilson Avenue, Contract No. 01- 082. 21. Approval to accept the In-Roadway Warning Lights at 19th Street (SR 160 30) and Jasper Street, Contract No. 02-091 as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $54,989.00. RESOLUTION NO. 03-100 162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IN-ROADWAY WARNING LIGHTS AT 19TM STREET (SR 30) AND JASPER STREET, CONTRACT NO. 02- 091, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK F. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. G. 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 SECOND AMENDMENT TO DEVELOPMENT 163 AGREEMENT (DA 00-02) DRC2003-00157 - RANCHO ETIWANDA 685 LLC. - A request to modify the Development Agreement regarding the timing of construction of specific infrastructure improvements, generally located north of Interstate 210 between Hanley Avenue and Day Creek Channel - Tentative Tract Maps 14492-14498, 14522, 14523, 15838, and 15902. CITY COUNCIL AGENDA 8 APRIL 16, 2003 RANCHO CUGAMONGA ORDINANCE NO. 705 (first reading) 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 00-02 (DRC2003-00157), A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RANCHO ETIWANDA 685, LLC FOR THE PURPOSE OF MODIFYING THE DEVELOPMENT AGREEMENT REGARDING THE TIMING OF THE CONSTRUCTION OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED NORTH OF INTERSTATE 210, EAST OF HANLEY AVENUE AND WEST OF DAY CREEK CHANNEL - TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522, 14523, 15838 AND 15902 2. CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT 194 DRC2002-00916 - AMERICAN BEAUTY DEVELOPMENT CO. - The consideration of a request to amend the Victoria Community Plan by modifying the condition requiring on-site recreational vehicle parking within the community plan boundary. ORDINANCE NO. 706 (first reading) 208 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN BY MODIFYING THE CONDITION REQUIRING ON-SITE RECREATIONAL VEHICLE PARKING WITHIN THE COMMUNITY PLAN BOUNDARY, AND MAKING FINDINGS IN SUPPORT THEREOF U. PUSLIC HE^ruNGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No items Submitted. ~s~cao CITY COUNCIL AGENDA APRIL 16, 2003 9 CUCAMONGA I. CITY MANAGER'S STAFF REPORTS The followin9 items do not legally require any public testimony, although the Chair may open the meetin9 for public input. 1. CONSIDERATION OF MUNICIPAL UTILITY PROJECT FOR THE 210 PROVISION-OF ELECTRIC SERVICE TO NEW DEVELOPMENT WITHIN THE VICTORIA ARBORS MASTER PLAN AND IMMEDIATELY ADJACENT COMMERCIALLY-ZONED AREAS · Approval of a Resolution of the City Council of the City of Rancho Cucamonga consenting to the Rancho Cucamonga Redevelopment Agency advancing funds for electrical facilities and making findings related thereto; · Approval to accept bids received and approval of the purchase of two power transformers in the amount of $595,258 from the apparent Iow bidder, Delta Star, Inc., to be funded from Acct. No. 26408015300; Approval to authorize the execution of a Letter Service Agreement with Southern California Edison Company (CO 03-028) by the City Manager or his duly-appointed representative for the engineering, design and procurement of related materials for the SCE-owned portion of the Arbors electric substation to be located at Rochester Avenue and Stadium parkway, and authorize the posting of a deposit in the amount of $1,991,000 to reimburse SCE for all related costs, to be funded from Acct. No. 26408015300; · Approval of a Professional Services Agreement with Butsko Utility Design, Inc., (CO 03-029) in the amount of $111,540 for the final design of the offsite electrical distribution system to serve the Victoria Arbors area, to be funded from Acct. No. 26408015300; · Approval to authorize the execution of a Line Extension Agreement with Forest City Development (CO 03-030) to provide for the installation of electric distribution facilities and to deliver electricity to the Victoria Gardens Mall site bounded by Foothill Boulevard, the future extension of Church Street, the future Day Creek Boulevard, and the 1-15 Freeway; Approval to authorize the execution of an Electric Service Agreement with Forest City Development (CO 03-031) to detail the rates and terms of service for all Forest City-owned properly within the Victoria Arbors Master Plan area. CITY COUNCIL AGENDA APmL 16, 2003 10 RESOLUTION NO. 03-101 226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY ADVANCING FUNDS FOR ELECTRICAL FACILITIES AND MAKING FINDINGS RELATED THERETO J. COUNCIL BUSINESS II 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 278 UPDATE 2. APPROVAL OF THE CONCEPTUAL PLAN AND RECOMMENDATION OF A NAME FOR THE PARK SITE LOCATED 289 IN THE VICTORIA ARBORS MASTER PLANNED DEVELOPMENT LOCATED NORTH OF CHURCH STREET, EAST OF DAY CREEK BLVD., ON THE EAST SIDE OF THE FUTURE ARBOR LANE 3. CONSIDERATION OF CITY COUNCIL LIBRARY SUBCOMMITTEE'S 294 RECOMMENDATION TO THE LIBRARY BOARD K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING lhis is the time for City Council to identiht 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. L. PUBLIC COMMUNICATIONS 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. R~~cao ' CITY COUNCIL AGENDA APRIL 16, 2003 11 CUCAMONGA M. 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 April 10, 2003, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. March 19, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting A. CALLTO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, March 19, 2003 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 3:11 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez (arrived at 3:12 p.m.), Robed 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; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Joe O'Neil, City Engineer; Mike TenEyck, Management Analyst III; Robed Lemon, Assistant Engineer; Diane Whyte, Sr. Admin Secretary; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; and Debra J. Adams, City Clerk. B. COMMUNICATIONS FROM THE PUBLIC B1. George Guayante, City Manager - City of Corona, wanted to welcome the City Council aboard and stated this is a lucrative business. He indicated they started this in April 2001 and felt it would generate $1,000,000 per year in revenue for his City. He stated Edison might oppose this and they will work hard to dissuade the Council from going forward with the project. He added there is legislation out there that could possibly make .this less lucrative. He advised the Council to be ready for political assaults, but reiterated this does make sense for the Council to do this. He stated the Council would hear people say they don't know what they are getting into. He felt the Council should surround themselves with experts in this field that can tell them what they need to know to get the job done. He hoped the Council would enter into a contract for the purchase of energy. He urged the Council to continue their fight. B2. Steve Rentoria, resident of Rancho Cucamonga and an employee of Southern California Edison felt the City does a good job and that there is a lot to admire how the City is run. He felt there was an inadequacy in the numbers for this project. He felt the Council should require the consultant to have an interest if this is approved. He felt there was a lot of uncertainty with this and felt the City was gambling its financial stability if they do this. He asked what expertise the City has in the electric business. He felt that Edison already has the expertise in this field. He asked the Council to have a workshop when the public can attend so that more discussions can take place and information can be provided. He asked that the Mayor, Council and staff continue their discussions on this. He added that if it is too good to be true, then it probably is. C. ITEM(S) OF BUSINESS C1. RANCHO CUCAMONGA MUNICIPAL UTILITY STRATEGY UPDATE Joe O'Neil, City Engineer, stated they have looked at many possibilities to create electrical power. He felt this was a great opportunity for the City. He stated this relates to the Victoria Arbors project and that the City wants to provide energy to this project. He continued with his power point presentation, which is on City Council Minutes March 19, 2003 Page 2 file in the City Clerk's office. He stated staff does feel they have a viable project and that there will be advantages to the community. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Gary Green, Southern California Edison, stated he does feel there is a lot of cooperation between the City of Rancho Cucamonga and Edison. He gave a power point presentation, which is on file in the City Clerk's office. ~n conclusion, Edison feels this is not the best use of RDA funds. Councilmember Gutierrez asked what would happen if the City tries this, but comes back in two weeks and wants back in with Edison. Gary Green stated they would have to have a new discussion at this point. Mayor Alexander stated he did not understand why Edison wants this so bad if it is such a loser of a deal. Carol Evans, Vice President of California Taxpayers Association, referred to a ~etter faxed to the City Council yesterday. She stated they oppose what is being proposed with the RDA funds. She felt the timing was worse because of the possible State actions for the future. She did not feel this penciled out for the City. Councilmember Gutierrez asked if other municipalities are in violation of state law that are doing this. Ms. Evans stated no and that because Rancho Cucamonga is using RDA funds, that is where the problem is. Jim Markman, City Attorney, stated both Edison and the California Taxpayer's Association completely missed the mark. He stated no one has called him, Jack Lam or Linda Daniels to find out about what is proposed as far as Agency participation in this project. He stated the Agency is not looking to invest money and get a rate of return for itself. He stated the Agency is not going to pay for operational costs as was indicated in the Cai Tax letter to the Council. He added the Agency has already expended millions of dollars both in acquiring the property, entering into the DDA and is investing money into other infrastructure of the project area by contributing to the assessment districts that are building all of the infrastructure for this. He stated the Agency looks at this as just a small part of that infrastructure investment. He stated the Agency and the City will control the delivery of energy. He stated under Health and Safety Code 33445 authorizes an Agency to pay for the cost of infrastructure for this project. He added this is the extent of the Agency's participation in this. He stated this is valid under the law and felt Edison is off the mark. He did not feel this is illegal and did not agree with how this has been characterized. Mayor Alexander asked if the California Taxpayers Association receives funding from Edison. Ms. Evans stated they have many members, which Edison is one of them. She stated they support their mission. Lisa Newman, employee of Edison and resident of Rancho Cucamonga, talked about the plans for the shopping center. She continued to talk about the vacancies in the Terra Vista Shopping Center and the vacancy created by Costco moving. She asked how the Council will keep current business from going out of business with the mall coming in. She stated she is upset that the Council is wanting to have its own power source for the mall project. She felt this is a risk that involves the whole City. She stated Edison would not have to build a substation as the City will have to do. She stated she would like to see more information on the City's website or mailed to the residents so that questions can be answered. She asked that the Council meetings be held City Council Minutes March 19, 2003 Page ~ at 7:00 p.m. so more residents can attend. She felt it was deliberate that this meeting was early in the day. Richard Pietrash wondered if this is such a great idea why aren't more people trying to do this. He referred to page 5 of Edison's handout and fe~t the risk factor should be looked at. Councilmember Gutierrez asked if there were other cities doing this. Joe O'Neil, City Engineer, stated City of Industry is also doing this. Eric Oates, resident of Rancho Cucamonga and employee of Edison stated he is not in favor of a municipal utility. He stated he did not feel other service people would do the same quality work as a public utility would do. He stated he did not feel a contract company would provide the same service as Edison. He stated he was afraid Victoria Arbors might not be successful. Mayor Alexander inquired about Edison's use of contract crews. Mr. Oates stated they do use contract crews. Dobbin Lo, Highview Drive, stated the City Attorney has addressed the legal issues he had. He stated he does think the staff could operate the utility. He felt this is a lucrative business and referred to Edison's presentation on page 14 and the negative scenario it presented. He felt the City should move forward with this. Mike Sefcus of Rancho Cucamonga was glad about the open forum to talk about this issue. He stated he is an employee of Edison and hoped that their opinions would be considered. He stated he would hold the Council accountable if property taxes go up because he did vote for most of them. He stated he would feel more comfortable going to the CPUC because he felt they would be more objective on the success of this, rather than going to the Council who would be approving this and wanting it to be successful. He asked the Council to take their time and consider what the citizens have to say. Gary Gagnon, resident of Rancho Cucamonga and employee of Edison, stated he does not believe that government belongs in commercial enterprise. He felt Corona was still on their honeymoon so they do not realize what the long-term consequences are. He stated this is a complex issue and puts the business at risk. He mentioned the legislation being considered and the effect it could have on the City. He asked the Council to take a hard look at this because he really didn't think this was the kind of business the City should be getting into. Leslie Grimes stated she had delivered a letter to the Council earlier, which stated they would like more information. She stated a 3:00 p.m. meeting does not allow people who work to be there. She agreed that the City should not be in the business sector and felt they should continue running the City. She felt it was an unnecessary risk and did not think the City should get into this at this time. She felt Edison should continue doing this because of their experience. Robert Michaels stated he prepared a report (study) for Edison and was also hired by Edison to critique the report that was prepared by the City. He felt there were a lot more questions that need to be answered. He felt the Council should consider both sides of this. David Jones, resident of Rancho Cucamonga and employee of Edison, stated he does not feel it is justifiable for the City to go forward with this. He did not feel the City has provided the information to the residents. He told about his own personal experience going into business and related it to the City going into this business. He hoped that the Council does this only if it is in the best interest of all of the residents and not just special interest groups. He stated if this is a good plan he will support it. City Council Minutes March 19, 2003 Page 4 Roland Diaz, resident of Rancho Cucamonga and an Edison employee, stated he echoed all the comments that have been made. He asked the Council to be cautious in getting into this business. He stated he would like to know what cities have failed that went into this business. There being no further input, public comments were closed. Councilmember Kudh stated he appreciates everyone comments and that the decision the Council makes will be for the good of everyone. He felt the City should do everything to make sure the citizens are aware of these meetings. Councilmember Williams commented on the high caliber of the Edison employees that spoke. She was not sure how to get the word out about the meetings besides what is already being done. Councilmember Gutierrez stated he wished the City had more guarantees on the revenues to be generated to the City. He stated he realized the City residents may not have had the opportunity to know about the meeting and all of the information. He talked about all of the comments that were brought up. He added that the City Manager is a very conservative manager. He stated he is concerned about the use of RDA funds and wonders what the return of the investment will be for the City. He hoped if this turns out to be a fiasco, the City could bail out of this. Councilmember Howdyshell stated he is concerned about the unknown budget situation of the State and that this puts the City in a precarious position of looking for different methods of creating revenue sources. He stated because of the unknown budget situation of the state, the issue at hand for him is weighing the risk of proceeding into this venture and if the benefits of taking that risk can provide additional revenues for services for the residents. Mayor Alexander stated Assemblyman Dutton, former Councilmember Dutton, told him he felt this was a prudent thing for the City to do. He felt this was one way for the City to get out and "earn" the revenues they need. He stated again if this is such a "loser project", why would Edison want to get into it. MOTION: Moved by Alexander, seconded by Williams to approve staff's recommendation. Councilmember Williams stated she did not want anyone or any business to think those individuals in the Victoria Arbors area would be getting a break on their electricity if this goes through. Motion carried unanimously 5-0. D. ADJOURNMENT MOTION: Moved by Kurth, seconded by Howdyshell to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 5:17 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * March 19, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, March 19, 2003, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Chairman William J. Alexander. Also present were: Jack Lam, Executive Director; Pamela Easter, Deputy City Manager; James Markman, Legal Counsel; Larry Temple, Administrative Services Director and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session items. B1. CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE PAMELA EASTER, DEPUTY CITY MANAGER, LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, AND GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH LEGAL COUNSEL PER GOVERNMENT CODE SECTION 54956.9 SUBDIVISION (A) - EXISTING LITIGATION - RODRIGUEZ V. CITY OF RANCHO CUCAMONGA - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEM{S} No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. RECESS The closed session recessed at 6:45 p.m. with no action taken. City Council Minutes March 19, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 19, 2003, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:54 p.m. Present were Councilmembers: Rex Gutierrez, Robed 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; James Markman, City Attorney; Mike Nelson, Sr. RDA Analyst; Lynda Thompson, Assistant RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Dave Blevins, Public Works Maintenance Manager; Brad Buller, City Planner; Warren Morelion; Assistant Planner; Michael Smith, Planning Technician; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Francie Martindale, Marketing Manager; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager; Captain Pete Ortiz, Rancho Cucamonga Police Department; Lt. Ron Cochran, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Lt. Ron Cochran of the Police Department for his years of service to the community. Mayor Alexander presented the proclamation to Lt. Cochran and thanked him for his service to Rancho Cucamonga. Captain Pete Ortiz stated he would be missed and wished him luck in the future. B2. Presentation of a Proclamation and Commemorative Gavel to current Council Member, and former Rancho Cucamonga Library Board of Trustees President, Robert ,J. Howdyshell, for his years of service to the library and the community. Councilmember Williams stated she personally wanted to thank Mr. Howdyshell since he was one of the founding members on the Library Board. She appreciated his commitment. Ravenel Wimberly, President of the Library Board, gave a brief bio of Mr. Howdyshell. He presented him with a commemorative gavel and thanked him for his contributions to the Library Board. B3. Presentation of a Proclamation in recognition of "American Red Cross Month." Mayor Alexander presented the Proclamation to Dave Lopez. City Council Minutes March 19, 2003 Page 3 C. COMMUNICATIONS FROM THE'PUBLIC C1. Aubrey Campbell talked about his family going through the City's school district system. He stated there are too many bigots in the world.. He felt teachers need a pay raise. He stated he is against the recall and will march on the schools protesting against it. C2. Steve Jennings stated he is present to serve the Notice of Intention to Recall Diane Williams, Rex Gutierrez, Robed Howdyshell and Donald Kurth. He stated the recall is here and is not dieing. He stated he knows Councilmember Williams is trying to eliminate public comment. He felt it appears the Council welcomes comments as long as the citizens agree with the Council. He commented on Rex Gutierrez meeting secretly with Councilmember Williams to make their deal and did not feel he could be trusted. Councilmember Williams stated there is nothing that she is trying to do to change the procedure for public comments and did not know where he got that information. She stated that is incorrect. Councilmember Gutierrez stated there are people across the ocean possibly dying this very moment for the rights that Mr. Jennings has. He felt it was sad that this recall process is moving forward for reasons he is still not clear on. C3. Jennifer Strane stated she was pulled over and illegally searched by the Police Department. She wanted to know what the Council is going to do about them. C4. Jim and Gwyn Frost wanted to talk about historic preservation. He talked about the first commissioners to represent the City and how they educated staff. He stated we have lost all five of the original members. C5. Rudy Jaramillo stated he moved here because of all the strengths and opportunities in the City. He stated after the election things were going on that he didn't like. He felt the actions to appoint Bob Howdyshell and Don Kurth were unfair to the citizens and that the people deserve the chance to speak. He stated people have tried to let the Council know what they want to do to fill the vacancy and that they have been shut down. He felt the recall would provide people the choice they deserve. He stated they want the opportunity to speak, be listened to and taken seriously. He added the recall movement is alive and well. He felt there were ethics that need to be looked at also. He commented on an article he read in the Daily Bulletin about public comments. Councilmember Gutierrez stated it has nothing to do with limiting public comments, but only allowing the City Council an opportunity to speak to update the people what they are doing. Mr. Jaramillo felt there would be more hoops to jump through in order for people to be allowed to speak. He stated the recall movement is going forward. He did not think that Councilmember Gutierrez should try to hide or divert what is happening here because of what is happening over seas. Councilmember Williams stated the idea of changing the agenda was to better inform people of the protocol for speaking at the Council meeting, i.e., if they need special services, if they have something they want on an overhead projected they would know who to contact, etc. She stated it is just a simple way to expand on what is already being done to help the public and make this more open. She felt there was a huge amount of misinformation out there and felt this needs to be cleared up. C6. Pete Facio felt Councilmember Gutierrez's comments were inappropriate about relating the recall to the war. He stated he now has flashbacks from his service in Vier Nam. He talked about the police coming into his home and not giving him treatment when he needed it. He stated people should file a complaint if they have something against the Police Department. City Council Minutes March 19, 2003 Page 4 C7. Mary Jacob stated she has been living in Rancho Cucamonga for 14 years. She stated she has a complaint against Jim Markman, City Attorney, and quoted him from the last meeting relative to the family that is complaining about the Police Department. She stated she is concerned about what is happening and is concerned what she sees happening to this family and the Police Department. She does not think this family is being treated fairly. C8. Alicia Trujillo stated she is here to make a comment about Rochester Street being closed during baseball games. She felt businesses are losing business because of the streets closing. Mayor Alexander stated this is on the agenda later in the meeting, but stated he understands she is in favor of opening Rochester up. Ms. Trujillo stated that was correct. C9. Matthew Carrol stated he wants to discuss the Police Department misconduct and the comments made by the Council. He stated nothing has been done against the deputies that are harassing them. He stated his family is being ignored. C10. Brenda McKliman Facio stated she felt it was not acceptable for the City Attorney to snicker while other people are speaking. She commented on what he stated at the last meeting. She felt the Council hides behind the Brown Act when they don't want to do something. She stated this is serious and that no one is taking her seriously. Mayor Alexander stated the Council does take this very seriously and that there is an internal investigation going on. C11. A lady (did not give her name) stated she is the victim of the crime that everyone is talking about and stated she is scared to death. She stated the Police Department has been nothing but courteous and helpful to her. She stated she applauds the Police for what they have done. C12. John Lyons, Etiwanda, reminded everyone to support our troops. He stated he wanted to talk about the recall. He felt the Council was beholden to developers. He distributed information about Councilmember Gutierrez and presented a copy to the City Clerk, which is on file in the City Clerk's office. He talked about their recall packet and gave their hotline number (980-9035), ranchorecall.org, P.O. Box 2641, Rancho Cucamonga 91729. C13. Melanie Ingram stated she was pleased to hear the bio on Mr. Howdyshell earlier. She stated she is glad the first step of the recall process has been taken. She stated she is insulted by Councilmember Gutierrez's comments. She commented on what took place regarding the appointments of Robert Howdyshell and Donald Kurth. She commented on the newspaper article she read about wanting to change public communications within the agenda. Councilmember Williams stated this is not her intent, that this is to encourage speakers because they will be more informed how to go about speaking at the meetings. Ms. Ingram asked people to support and help the recall movement. James Markman stated he has been to about 3000 Council meetings in 30 years. He stated he is always proud when saying something in reference to the Police Department or the Sheriff's Department..He stated he is not sorry about what he said two weeks ago which was that the Sheriff's Department is not in a position to respond to what is said here and neither is the Council because there is an internal affairs investigation going on, which the Chief adjudicates it or makes a decision. He added there is a criminal prosecution that was in progress. He stated the City cannot comment on it if it is going to be adjudicated by a judge or jury. He said all he told the high school students was that because we don't respond, don't assume anybody agrees with any of the statements made. He City Council Minutes March 19, 2003 Page 5 said every time people get up here on this issue, he will have to remind them there is an investigation going on and it doesn't mean there is a problem with the Police Department. C14. Jennifer Brokes, Deputy District Attorney processing the James Carrol case, stated she cannot comment about it, but added a case has been filed against the defendant, Case No. FWV026800. She stated the defendant is facing nine counts, including receiving stolen property, possession of drugs for sale and possessing deadly weapons. She stated the stolen property is linked to thefts in our community from victims' homes, cars and garages. She stated the defendant is scheduled to have a preliminary hearing and then we will see if it goes to trial. She stated at the end of the trail she will be asking the jury to find the defendant guilty based on this evidence. A recess was taken at 9:11 p.m. The meeting reconvened at 9:27 p.m. with all Councilmembers present. D. CONSENT CALENDAR D1. Approval of Warrants, Register February 26 through March 10, 2003, and Payroll for the total amount of $4,376,344.84. D2. Approve to receive and file current Investment Schedule as of February 28, 2003. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Banyan Street Widening from Rochester Avenue to 2000' west, to be funded from Acct. No. 11763035650/1407176 (Measure "1" Funds). RESOLUTION NO. 03-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF BANYAN STREET WIDENING FROM ROCHESTER AVENUE TO 2000+ WEST IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to reject all bids received for the construction of the Fisher Drive Street Improvements from East Avenue to Mulberry Street as non-responsive to the needs of the City. D5. Approval of a request from Old Baldy Council Boy Scouts of America for Waiver of Rental Fees for their Scout-O-Rama at the Rancho Cucamonga Epicenter Soccer Fields on April 26 and April 27, 2003. D6. Approval of City Co-Sponsorship of the Inland Valley Daily Bulletin Ali-Star Game at the Rancho Cucamonga Epicenter Stadium on June 5th (practice game) and June 10, 2003 (game date). DT. Approval of the Resolutions approving and confirming the Engineer's Report and setting of public hearing for May 21, 2003, to levy the annual assessments for Fiscal year 2003/2004 for Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10. No increase of assessment rate is proposed. City Council Minutes March 19, 2003 Page 6 RESOLUTION NO. 03-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10. NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 03-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2003~2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TiME AND PLACE FOR HEARING OBJECTIONS THERETO DS. Approval of Resolutions approving and confirming the Engineer's Report and setting of public hearing for May 21, 2003, to levy annual assessments for FY 2003/2004 for Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7, and 8. No increase of assessment rate is proposed. RESOLUTION NO. 03-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 03-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D9. Approval of Resolutions approving and confirming Engineer's Report and setting of public hearing for May 21, 2003, to levy annual assessments for FY 2003~2004 for Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 03-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION iMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED City Council Minutes March 19, 2003 Page 7 RESOLUTION NO. 03-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D10. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00820, located at the southwest corner of Milliken Avenue and Azusa Coud, submitted by Fairway Business Centre, LLC. RESOLUTION NO. 03-067 A RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00820 RESOLUTION NO. 03-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2002-00820 Dll. Approval of Map, Improvement Agreements, Improvement Securities, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract No. 16116, located at the southwest corner of Banyan Street and East Avenue, submitted by KB Home Greater Los Angeles, Inc., APN: 225-181-04, 06, 07, 08 and 43. RESOLUTION NO. 03-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16116, IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES RESOLUTION NO. 03~070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCArvlONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16116 D12. Approval of an Agreement between the City of Rancho Cucamonga and Ronald and Jane Geary, husband and wife, to acquire street right-of-way (CO 03-016). D13. Approval of an Amendment to Contract No. 01-018 with Nestor Traffic Systems regarding records retention for automated traffic signal violations. D14. Approval of an Agreement with California State University San Bernardino (CO 03-017) for participation in the State Work-Study Program. City Council Minutes March 19, 2003 Page 8 D15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $498,599.39 ($453,272.17 plus 10% contingency) to the apparent iow bidder, Vance Corporation (CO 03-018), for the construction of the East Avenue Street Improvements from Banyan Street to north of 23rd Street, to be funded from Measure "1" Funds, Acct. No. 11763035650/1446176-0 ($320,478.64) and Mello-Roos (FS) Funds, Acct. No. 32835165602 ($178,120.75). O16. Approval to release Maintenance Guarantee Bonds for CUP 97-19, located on the northwest corner of Foothill Boulevard and Vineyard Avenue, submitted by American Stores Properties, Inc. D17. Approval to release Maintenance Guarantee Bond for Tract 14509, located on the east side of Hermosa Avenue, south of Wilson Avenue, submitted by ICSWH Hermosa, LLC, a California Limited Liability Company. D18. Approval to accept the construction of the Community Trail Fencing and PCC Curb along Summit Trail at south side of Summit Avenue east of Etiwanda Avenue, and along Hillside Trail, north and south of Hillside Road, west of Beryl Street, Contract No. 02-058 as complete, retain the Performance Bond as a Guarantee Bond, release Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $36,218.25. RESOLUTION NO. 03-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE COMMUNITY TRAIL FENCING AND PCC CURB ALONG SUMMIT TRAIL AT THE SOUTH SIDE OF SUMMIT AVENUE EAST OF ETIWANDA AVENUE, AND ALONG HILLSIDE TRAIL, NORTH AND SOUTH OF HILLSIDE ROAD, WEST OF BERYL STREET, CONTRACT NO. 02-058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to accept the Archibald Avenue and 19th Street, southwest corner, Landscape Improvements, Contract No. 02-068 as complete, retain the performance Bond as a Guarantee Bond, release Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $197,301.26. RESOLUTION NO. 03-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARCHIBALD AVENUE AND 19TM STREET, SOUTHWEST CORNER, LANDSCAPE IMPROVEMENTS, CONTRACT NO. 02-068 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for the Construction of Park Trash Enclosures. RESOLUTION NO. 03-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONSTRUCTION OF PARK TRASH ENCLOSURES AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes March 19, 2003 Page 9 E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF AN APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17 - GOUGH - An appeal of the Planning Commission APPROVAL OF A REQUEST TO CONSTRUCT A 2,945 SQUARE FOOT SERVICE STATION WITH CONVENIENCE MARKET, DRiVE-THRU CARWASH, AND PUMP ISLAND ON l-ACRE OF LAND IN THE community Commercial District (Subarea 2), of the Foothill Boulevard Districts, located on the south side of Foothill Boulevard, west of Vineyard Avenue - APN: 207-211-12 and 13. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM MARCH 5, 2003 - REQUEST TO CONTINUE TO APRIL 2, 2003) Jack Lam, City Manager, stated there is a request to continue this to April 2, 2003. RESOLUTION NO. 03-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17, REQUESTING TO CONSTRUCT A 2,945 SQUARE FOOT SERVICE STATION WITH CONVENIENCE MARKET, DRIVE THRU CARWASH, AND PUMP ISLAND ON 1-ACRE OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD WEST OF VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 207-211-12 AND 13 MOTION: Moved by Kurth, seconded by Howdyshell to continue the item to April 2, 2003, 7:00 p.m. in the Council Chambers at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT GPA2002-00001 - FRAZIER GROUP - A request to change the General Plan land use designation within Subarea 1 of the Foothill Districts from Office to Mixed Use to allow for Office and Medium-High Residential (14-24 dwelling units per acre) for 7.24 acres of land on the north side of Foothill Boulevard, west of the Cucamonga Channel. The City will also consider Mixed Use to allow for Office and Medium Residential (8-14 dwelling units per acre) as an alternative for the entire site - APN: 207-101-32, 33, and 50. Related files: Pre-Application Review DRC2002-00450, Preliminary Review DRC2002-00589, Development District Amendment DDA2002-00001, and Development Code Amendment DCA2.002- 00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DDA2002-00001 - FRAZIER GROUP - A request to change the Developmeat District zoning designation within Subarea 1 of the Foothill Districts from Office to Mixed Use to allow for Office and Medium-High Residential (14-24 dwelling units per acre) for 7.24 acres of land located on the north side of Foothill Boulevard, west of the Cucamonga Channel. The City will also consider Mixed Use to allow for Office and Medium Residential (8-14 dwelling units per acre) as an alternative for the entire site - APN: 207-101-32, 33, and 50. Related Files: Pra-Application Review DRC2002- 00450, Preliminary Review DRC2002-00589, General Plan ,~nendment GPA2002-00001, and Development Code Amendment DCA2002-00001. Staff has prepared a Negative Dedaretion of envirenmental impacts for consideration. City Council Minutes March 19, 2003 Page 10 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DCA2002-00001 - FRAZIER GROUP - A request to add a Mixed Use zoning designation description to Sections 17.08.030.F and 17.32 of the Development Code to allow for Office and Medium-High Residential (14-24 dwelling units per acre) for 7.24 acres of land located on the north side of Foothill Boulevard, west of the Cucamonga Channel. The City will also consider Mixed Use to allow for Offce and Medium Residential (8-14 dwelling units per acre) as an altemative for the entire site - APN: 207-101-32, 33, and 50. Related Files: Pre-Application Review DRC2002-00450, Preliminary Review DRC2002-00589, General Plan Amendment GPA2002-000011, and Development District Amendment DDA2002- 00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented byWarren Morelion, Assistant Planner. Mayor AJexander opened the meeting for public headng. Addressing the Cibj Council were: Khosrow-Omidvar, property owner, stated they have been working with staff for the last twelve months and suppeds the staff's recommendation. Chuck Buquet stated he is very disappointed to see the decorum of the meetings has detedoreted. He stated he wasnl sure if the owner agrees with the Planning Commission's recommendation. He stated he agrees with the mixed use, but added his concern is changing this and not having a project to go along with it. He felt the Council should make this very dear what this change will mean. He stated there is a covenant that states there has to be a senior project at this site. He urged support of this project. There being no further comments, the public headng was dosed. RESOLUTION NO. 03-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GPA2002-00001, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT AND MAP PROVISIONS FROM OFFICE TO MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33, AND 50 MOTION: Moved by Kurth, seconded by Gutierrez to approve Resolution No. 03-074. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 702 and 703. ORDINANCE NO. 702 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DDA2002-00001, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM OFFICE TO MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-101-32, 33 AND 50 City Council Minutes March19, 2003 Page 11 ORDINANCE NO. 703 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DCA2002-00001, A REQUEST TO ESTABLISH A MIXED USE DISTRICT TO ALLOW FOR MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND OFFICE USES, OR MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND OFFICE USES WHEN DEVELOPED IN CONJUNCTION WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), WITH ACCOMPANYING DEFINITIONS, PROCESSING PROVISIONS, AND DEVELOPMENT STANDARDS, BY AMENDING SECTIONS 17.08 AND 17.32 OF THE CITY OF RANCHO CUCAMONGA'S DEVELOPMENT CODE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33 AND 50 MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance Nos. 702 and 703 for the April 2, 2003 meeting. Motion carried unanimously 5-0. F3. DEVELOPMENT CODE AMENDMENT DRC2003-00031 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.32 (Foothill Boulevard Districts) of the Rancho Cucamonga Development Code, permitting private school uses within all four subareas and modifying the requirements for public hearing notices within the Foothill Boulevard Districts to a 300-foot radius of proposed projects. Staff report presented by Mike Smith, Planning Technician. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 704. ORDINANCE NO. 704 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00031, AMENDING SECTION 17.32 (FOOTHILL BOULEVARD DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, PERMITTING PRIVATE SCHOOL USES WITHIN ALL FOUR SUBAREAS AND MODIFYING THE REQUIREMENTS FOR PUBLIC HEARING NOTICES OF THE FOUR SUBAREAS OF THE FOOTHILL BOULEVARD DISTRICTS TO A 300- FOOT RADIUS OF THE PROPOSED PROJECT MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 704 for the April 2, 2003 meeting. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No Items Submitted. City Council Minutes March 19, 2003 Page 12 H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO FILE AN APPLICATION FOR THE SPECIFIED GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR THE DEVELOPMENT OF CENTRAL PARK Staff report presented by Kevin McArdle, Community Services Director. Councilmember Kurth inquired about the square footage. Kevin McArdle, Community Services Director, stated approximately 51,000 square feet. Councilmember Gutierrez thanked Mr. McArdle and all of his staff for their work. Councilmember Howdyshell concurred. Councilmembers Williams and Kurth felt this was a very exciting project. RESOLUTION NO. 03-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION TO FILE FOR THE SPECIFIED GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 03-075. Motion carried unanimously 5-0. H2. CONSIDERATION OF GRANT AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY (CO 03-018) AND THE CITY OF RANCHO CUCAMONGA Staff report presented by Deborah Clark, Library Director· Councilmember Gutierrez stated he was proud of the work everyone has done on this. Councilmember Howdyshell stated everyone has done a great job. Councilmember Kurth stated he values education for the children and that this is a core value of the City. Councilmember Williams stated she echoed what everyone has said and that it was the core of the City. MOTION: Moved by Howdyshell, seconded by Kurth to approve the Grant Agreement. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. PRESENTATION BY THE WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT REGARDING POSSIBLE ANNEXATION INTO THEIR DISTRICT Jack Lam, City Manager, stated they could not be present tonight, and that staff will continue looking at other options for service. City Council Minutes March 19, 2003 Page 13 Councilmember Williams added that Duane Baker, Assistant to the City Manager, gave a presentation at the LAFCO meeting, which was very informative. 12. CONSIDERATION OF OPTIONS FOR TRAFFIC CONTROL ON ROCHESTER AVENUE DURING QUAKES BASEBALL GAMES Staff repod presented by Kevin McArdle, Community Services Director. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Pat Filippone and Chris Bitters, Quakes, stated they are wanting to keep things like they currently are. He stated employee safety is not addressed in the recommendation. He felt the street needs to be closed when 2,000 tickets are sold. He felt if the street is open it would be hard to get in before the game stads and after it is over. He stated they have never seen any documented complaints. He added they would like to utilize the parking lot to its fullest. He stated all stadiums have road closures around them. Councilmember Kurth stated he understands there is a problem with the Masi Plaza businesses because of the ingress and egress. He stated they do what they can to help and maintain the businesses in that center. Councilmember Gutierrez asked where the barricades are placed. Mr. Filippone stated they do not block the entrance into Masi Plaza. Councilmember Gutierrez stated he did not see why the street can't stay closed on Friday, Saturday and Sunday below Sebastian. Chris Bitters talked about the parking for the games. Mayor Alexander stated this is more than what is convenient for the Quakes and Masi Plaza, and felt the community needs to be taken into consideration also. Councilmember Howdyshell asked if this can't be looked at and possibly close it during certain times prior to the game starting, open it during the games, and then close it when the game ends. Mr. Filipone stated they would like to leave it at status quo. Councilmember Williams felt there should be some permanent signage that states Rochester is closed on the weekends. She felt something like this should be looked at before opening day. Sal Bruguglio, representing Masi Plaza, stated they support staff's recommendation. He stated the "Mom and Pop" operations are hurting by Rochester closing. He asked that it be re-opened and to do a study in 60 days to see how it is going. Councilmember Gutierrez suggested the signs warning of the closure be left on Arrow and removed from Foothill. He felt if the barrier is south of Sebastian it should not hurt the Masi businesses. Dora Milloros, Manager of Denny's, stated their business is hurt by 40% when the street closes. She talked about how the traffic flows at California Speedway. She felt the street should be opened and stated she liked the closure schedules as identified by Councilmember Gutierrez. Rosell Newbell, Building Industry Association, felt the policy needed to be changed so that the street is opened up. City Council Minutes March 19, 2003 Page 14 John Lyons stated he liked the street being opened, but felt it should be closed while people are getting into the stadium. Pat Filippone stated they would like things to remain status quo. Councilmember Kurth suggested that Mr. Filippone work with the Masi business owners and come up with something that is agreeable to all. MOTION: Moved by Alexander, seconded by Williams for the City staff, Masi representatives, BIA representatives and representatives from the Quakes, including Councilmembers Williams and Gutierrez to sit down and come up with a resolution with a report to come back at the April 2 meeting. Motion carried unanimously 5-0. 13. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 14. DISCUSSION AND APPROVAL OF CITY COUNCIL SUBCOMMITTEES MOTION: Moved by Williams, seconded by Kurth to approve the subcommittees as submitted. Motion carried unanimously 5-0. 15. CONSIDERATION TO IMPLEMENT THE UPDATED AGENDA FORMAT Staff report presented by Debra J. Adams, City Clerk MOTION: Moved by Kurth, seconded by Howdyshell to approve the recommended changes. Councilmember Williams informed everyone about the survey she did to find out how other cities do their agenda formats. She told about the process she went through and stated it is not an intent to limit anything. Rudy Jaramillo stated he appreciates the clarification, but felt if something isn't broken, don't fix it. Motion carried unanimously 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes March 19, 2003 Page 15 L. ADJOURNMENT MOTION: Moved by Kurth, seconded by Howdyshell to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 11:20 p.m. Respectfully submitted, DebraJ. Adams, CMC City Clerk Approved: * CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195163 3/26/2003 MORENO VALLEY, CITY OF 510.00 AP - 00195164 3/26/2003 A AND A AUTOMOTIVE 428.85 AP- 00195165 3/26/2003 ABC LOCKSMITHS 12.93 AP- 00195166 3/26/2003 ABLAC 294.06 AP - 00195167 3/26/2003 ABLETRONICS 94.28 AP - 00195168 3/26/2003 ADAMSON, RONALD 1,216.00 AP - 00195168 3/26/2003 ADAMSON, RONALD 1,280.00 AP - 00195170 3/26/2003 AEF SYSTEMS CONSULTING INC 55.00 AP- 00195170 3/26/2003 AEF SYSTEMS CONSULTING INC 1,155.00 AP - 00195170 3/26/2003 AEF SYSTEMS CONSULTING INC 330.00 AP - 00195171 3/26/2003 ALCORN, RICHARD 95.00 AP- 00195172 3/26/2003 ALL STATES CONSTRUCTION 1,000.00 AP- 00195173 3/26/2003 ALLEN, SYLVESTER R 227.40 AP - 00195174 3/26/2003 AMAZON.COM CREDIT 64.18 AP - 00195174 3/26/2003 AMAZON.COM CREDIT 66.41 AP - 00195175 3/26/2003 AMERICAN NATIONAL GROUP 1,000.00 AP - 00195177 3/26/2003 ARCHITERRA DESIGN GROUP 9,360.00 AP- 00195178 3/26/2003 B AND K ELECTRIC WHOLESALE 5.17 AP- 00195178 3/26/2003 B AND K ELECTRIC WHOLESALE -19.01 AP - 00195178 3/26/2003 B AND K ELECTRIC WHOLESALE 69.04 AP - 00195178 3/26/2003 B AND K ELECTRIC WHOLESALE 11.29 AP - 00195179 3/26/2003 BARBER INC 500.00 AP - 00195180 3/26/2003 BBC AUDIOBOOKS AMERICA 3,072.00 AP- 00195181 3/26/2003 BERNELL HYDRAULICS INC 289.14 AP - 00195181 3/26/2003 BERNELL HYDRAULICS INC 118.17 AP - 00195182 3/26/2003 BORDNER, MARGIE 225.40 AP - 00195183 3/26/2003 BROCK, ALLEN 50.00 AP- 00195190 3/26/2003 BRODART BOOKS 13.68 AP- 00195190 3/26/2003 BRODART BOOKS 12.07 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODARTBOOKS 36.74 AP- 00195190 3/26/2003 BRODARTBOOKS 13.68 AP - 00195190 3/26/2003 BRODART BOOKS 113.14 AP-00195190 3/26/2003 BRODARTBOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP-00195190 3/26/2003 BRODARTBOOKS 13.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 36.74 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 29.90 AP- 00195190 3/26/2003 BRODART BOOKS 23.06 AP- 00195190 3/26/2003 BRODART BOOKS 16.22 AP- 00195190 3/26/2003 BRODART BOOKS 36.74 AP - 00195190 3/26/2003 BRODART BOOKS 39.27 AP- 00195190 3/26/2003 BRODART BOOKS 13.68 AP- 00195190 3/26/2003 BRODART BOOKS 107.70 AP- 00195190 3/26/2003 BRODART BOOKS 11.53 AP- 00195190 3/26/2003 BRODART BOOKS 18.38 AP - 00195190 3/26/2003 BRODART BOOKS 51.19 AP - 00195190 3/26/2003 BRODART BOOKS 356.92 User: ahunsber - Ann Hunsberger Page: 1 Current Date: 04/09/2012 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP-00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODARTBOOKS 14.07 AP- 00195190 3/26/2003 BRODART BOOKS 70.96 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP - 00195190 3/26/2003 BRODART BOOKS 25.59 AP - 00195190 3/26/2003 BI~ODART BOOKS 275.31 AP-00195190 3/26/2003 BRODARTBOOKS 13.68 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 23.44 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 62.71 AP- 00195190 3/26/2003 BRODART BOOKS 14.07 AP- 00195190 3/26/2003 BRODARTBOOKS 9.37 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP-00195190 3/26/2003 BRODARTBOOKS 9.37 AP - 00195190 3/26/2003 BROD,M~.T BOOKS 14.07 AP - 00195190 3/26/2003 BRODART BOOKS 51.56 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 20.53 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 14.07 AP- 00195190 3/26/2003 BRODARTBOOKS 14.07 AP- 00195190 3/26/2003 BRODARTBOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 27.75 AP- 00195190 3/26/2003 BRODARTBOOKS 57.27 AP- 00195190 3/26/2003 BRODARTBOOKS 20.90 AP- 00195190 3/26/2003 BRODARTBOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 34.59 AP- 00195190 3/26/2003 BRODARTBOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODARTBOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 18.38 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 46.12 AP ~ 00195190 3/26/2003 BRODART BOOKS 16.22 AP- 00195190 3/26/2003 BRODART BOOKS 16.22 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 295.08 AP- 00195190 3/26/2003 BRODART BOOKS I4.07 User: ahunsber - Ann Hunsberger Page: 2 Current Date: 04/09/20C Report:CK_AGENDA_REG~PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Cheek Date Vendor Name Amount AP- 00195190 3/26/2003 BRODARTBOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 87.93 AP - 00195190 3/26/2003 BRODART BOOKS 150.26 AP-00195190 3/26/2003 BRODARTBOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 34.21 AP- 00195190 3/26/2003 BRODARTBOOKS 27.37 AP-00195190 3/26/2003 BRODARTBOOKS 6.84 AP-00195190 3/26/2003 BRODARTBOOKS 389.46 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 89.70 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 14.07 AP- 00195190 3/26/2003 BRODART BOOKS 16.22 AP - 00195190 3/26/2003 BRODART BOOKS 11.53 AP-00195190 3/26/2003 BRODARTBOOKS 25.21 AP- 00195190 3/26/2003 BRODARTBOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 90.09 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODARTBOOKS 210.92 AP- 00195190 3/26/2003 BRODART BOOKS 360.90 AP- 00195190 3/26/2003 BRODARTBOOKS 192.17 AP-00195190 3/26/2003 BRODARTBOOKS 16.22 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP-00195190 3/26/2003 BRODARTBOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 38.90 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP - 00195190 3/26/2003 BRODART BOOKS 11.53 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP - 00195190 3/26/2003 BRODART BOOKS 16.22 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 20.53 AP- 00195190 3/26/2003 BRODART BOOKS 11.53 AP- 00195190 3/26/2003 BRODART BOOKS 18.38 AP- 00195190 3/26/2003 BRODART BOOKS 32.06 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 18.38 )kP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 36.02 AP - 00195190 3/26/2003 BRODART BOOKS 14.53 AP- 00195190 3/26/2003 BRODARTBOOKS 36.00 AP- 00195190 3/26/2003 BRODART BOOKS 143.06 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 25.21 AP- 00195190 3/26/2003 BRODART BOOKS 94.77 AP- 00195190 3/26/2003 BRODART BOOKS 18.38 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 User: ahunsber - Ann Hunsberger Page: 3 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount. AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 32.43 AP-00195190 3/26/2003 BRODART BOOKS 14.07 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODARTBOOKS 20.90 AP - 00195190 3/26/2003 BRODART BOOKS 34.96 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 37.50 AP - 00195190 3/26/2003 BRODART BOOKS 60.93 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP-00195190 3/26/2003 BRODARTBOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODARTBOOKS 6.84 AP- 00195190 3/26/2003 BRODARTBOOKS 109.48 AP- 00195190 3/26/2003 BRODART BOOKS 36.74 AP - 00195190 3/26/2003 BRODART BOOKS 6.84 AP- 00195190 3/26/2003 BRODARTBOOKS 4.68 AP- 00195190 3/26/2003 BRODARTBOOKS 6.84 AP-00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODARTBOOKS 13.68 AP- 00195190 3/26/2003 BRODART BOOKS 29.90 AP - 00195190 3/26/2003 BRODART BOOKS 11.53 AP- 00195190 3/26/2003 BRODARTBOOKS 13.68 AP - 00195190 3/26/2003 BRODART BOOKS 43.96 AP-00195190 3/26/2003 BRODARTBOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 13.68 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP-00195190 3/26/2003 BRODARTBOOKS 6.84 AP-00195190 3/26/2003 BRODARTBOOKS 45.73 AP-00195190 3/26/2003 BRODARTBOOKS 6.84 AP-00195190 3/26/2003 BRODARTBOOKS 4.68 AP-00195190 3/26/2003 BRODARTBOOKS 4.68 AP-00195190 3/26/2003 BRODARTBOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 14.07 AP-00195190 3/26/2003 BRODARTBOOKS 57.65 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 11.53 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 AP-00195190 3/26/2003 BRODART BOOKS 6.84 AP-00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 141.26 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP-00195190 3/26/2003 BRODARTBOOKS 9.37 AP- 00195190 3/26/2003 BRODART BOOKS 11.53 AP- 00195190 3/26/2003 BRODARTBOOKS 6.84 AP- 00195190 3/26/2003 BRODART BOOKS 6.84 AP-00195190 3/26/2003 BRODART BOOKS 6.84 User: ahunsber - Ann Hunsberger Page: 4 Current Date: 04/09/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP- 00195190 3/26/2003 BRODARTBOOKS 13.68 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP-00195190 3/26/2003 BRODARTBOOKS 18.75 AP - 00195190 3/26/2003 BRODART BOOKS 9.37 AP-00195190 3/26/2003 BRODARTBOOKS 42.19 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 18.75 AP - 00195190 3/26/2003 BRODART BOOKS 93.75 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 9.37 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 11.53 AP- 00195190 3/26/2003 BRODART BOOKS 84.64 AP-00195190 3/26/2003 BRODARTBOOKS 38.90 AP-00195190 3/26/2003 BRODARTBOOKS 20.90 AP-00195190 3/26/2003 BRODARTBOOKS 30.28 AP-00195190 3/26/2003 BRODARTBOOKS 4.68 AP- 00195190 3/26/2003 BRODART BOOKS 55.12 AP ~ 00195190 3/26/2003 BRODART BOOKS 20.53 AP- 00195190 3/26/2003 BRODART BOOKS 4.68 AP - 00195190 3/26/2003 BRODART BOOKS 36.74 AP-00195190 3/26/2003 BRODARTBOOKS 9.37 AP - 00195190 3/26/2003 BRODART BOOKS 14.07 AP - 00195190 3/26/2003 BRODART BOOKS 51.56 AP - 00195191 3/26/2003 BRUNSWICK DEER CREEK LANES 520.80 AP - 00195192 3/26/2003 BUBALO CONSTRUCTION CO INC, MIKE 51,938.83 AP ~ 00195193 3/26/2003 BURKE, KAREN 143.40 AP- 00195194 3/26/2003 BUZZ AD PROMOTIONS 1,175.01 AP - 00195196 3/26/2003 CAL COVER PRODUCTS 75.00 AP- 00195196 3/26/2003 CAL COVER PRODUCTS 100.00 AP - 00195197 3/26/2003 CAL PERS LONG TERM CARE 259.38 AP- 00195198 3/26/2003 CALBO 215.00 AP - 00195199 3/26/2003 CALIFORNIA OVERNIGHT 3.00 AP - 00195199 3/26/2003 CALIFORNIA OVERNIGHT 5.00 AP - 00195200 3/26/2003 CALIFORNIA PUBLIC EMPLOYEES' 64,557.84 AP- 00195201 3/26/2003 CALSENSE 161.66 AP - 00195202 3/26/2003 CAMERON WELDING SUPPLY 14.36 AP - 00195203 3/26/2003 CARDIN, SALLY 70.00 AP - 00195203 3/26/2003 CARDIN, SALLY 455.00 AP- 00195203 3/26/2003 CARDIN, SALLY 245.00 AP - 00195203 3/26/2003 CARDIN, SALLY 105.00 AP- 00195204 3/26/2003 CENTRAL DIVISION 359.72 AP - 00~95205 3/26/2003 CHAI~I~IaY JOINT UNION HS DISTRICT 4,268.87 AP- 00195207 3/26/2003 CIVIC SOLUTIONS INC 10,152.00 AP - 00195207 3/26/2003 CIVIC SOLUTIONS INC 6,948.00 User: ahunsber - Ann Hunsberger Page: 5 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195208 3/26/2003 CLARK, KAREN 259.20 AP - 00195209 3/26/2003 COAST RECREATION INC 350.00 AP - 00195209 3/26/2003 COAST RECREATION INC 524.60 AP- 00195210 3/26/2003 COLTON TRUCK SUPPLY 123.00 AP - 00195210 3/26/2003 COLTON TRUCK SUPPLY 44.23 AP - 00195210 3/26/2003 COLTON TRUCK SUPPLY 44.04 AP - 00195210 3/26/2003 COLTON TRUCK SUPPLY 4.17 AP - 00195211 3/26/2003 COMBINED MARTIAL SCIENCE INC 594.00 AP - 00195211 3/26/2003 COMBINED MARTIAL SCIENCE INC 277.20 AP - 00195211 3/26/2003 COMBINED MARTIAL SCIENCE INC 158.40 AP - 00195211 3/26/2003 COMBINED MARTIAL SCIENCE INC 574.20 AP - 00195211 3/26/2003 COMBINED MARTIAL SCIENCE INC 138.60 AP - 00195212 3/26/2003 CONCANNON, SHARI 149.50 AP - 00195213 3/26/2003 CONRAD BUSINESS SERVICES INC 3,000.00 AP - 00195214 3/26/2003 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 110.72 AP- 00195215 3/26/2003 CORONACDG 338.91 AP- 00195218 3/26/2003 COURT TRUSTEE 118.50 AP - 00195218 3/26/2003 COURT TRUSTEE 200.00 AP - 00195219 3/26/2003 CRESTWOOD CORPORATION 10,000.00 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 325.70 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 99.58 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 138.39 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 248.24 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 77.26 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 77.26 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 710.07 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 94.08 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 292.30 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 23.02 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 180.62 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 137.70 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 160.02 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 360.87 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 425.46 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 153.84 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 214.61 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 154.87 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 76.23 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 264.29 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 345.13 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 78.84 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 1,260.73 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 210.13 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 169.72 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 74.56 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 139.76 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 576.59 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 121.91 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 168.26 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 162.08 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 105.43 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 94.77 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 130.15 User: ahunsber - Ann Hunsberger Page: 6 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~ 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 .Check No. .Check Date Vendor Name Amount AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 111.61 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 129.79 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 213.58 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 99.58 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 334.79 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 100.70 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 253.01 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 39.50 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 87.77 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 119.85 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 138.39 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 182.68 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 915.93 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 300.01 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 139.65 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 408.25 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 97.04 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 196.07 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 180.62 AP- 00195221 3/26/2003 CUCAMONGA CO WATER DIST 332.03 AP - 00195221 3/26/2003 CUCAMONGA CO WATER DIST 87.62 AP - 00195222 3/26/2003 CUCAMONGA CONSTRUCTION CONSULTANTS 1,400.00 AP - 00195224 3/26/2003 D AND K CONCRETE COMPANY 284.46 AP - 00195224 3/26/2003 D AND K CONCRETE COMPANY 526.90 AP - 00195225 3/26/2003 DAGHDEVIRIAN, KATHY 145.80 AP - 00195225 3/26/2003 DAGHDEVIRIAN, KATHY 455.62 AP - 00195226 3/26/2003 DAN GUERRA AND ASSOCIATES 27,010.00 AP - 00195226 3/26/2003 DAN GUERRA AND ASSOCIATES 22,180.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 285.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 150.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 115.50 AP - 00195227 3/26/2003 DANCE TERRIFIC 198.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 38.50 AP - 00195227 3/26/2003 DANCE TERRIFIC 82.50 AP - 00195227 3/26/2003 DANCE TERRIFIC 70.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 120.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 19.25 AP- 00195227 3/26/2003 DANCE TERRIFIC 16.50 AP- 00195227 3/26/2003 DANCE TERRIFIC 247.50 AP - 00195227 3/26/2003 DANCE TERRIFIC 264.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 66.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 115.50 AP - 00195227 3/26/2003 DANCE TERRIFIC 198.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 132.00 AP - 00195227 3/26/2003 DANCE TERRIFIC 330.00 AP- 00195227 3/26/2003 DANCE TERRIFIC 313.50 AP - 00195228 3/26/2003 DAVIES INC, ALBERT 1,000.00 AP - 00195228 3/26/2003 DAVIES INC, ALBERT 293,008.50 AP - 00195229 3/26/2003 DEMPSTER, KERI 48.00 AP - 00195230 3/26/2003 DENTAL HEALTH SERVICES 179.25 AP- 00195231 3/26/2003 DIETERICH INTERNATIONAL TRUCK 182.90 AP - 00195232 3/26/2003 DIETERICH POST COMPANY 174.61 AP-00195233 3/26/2003 DIRECTV 27.99 User: ahunsber - Ann Hunsberger Page: 7 Current Date: 04/09/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195234 3/26/2003 DUFFY, RICK 472.50 AP - 00195235 3/26/2003 DUGAN, ALLISON 459.00 AP - 00195236 3/26/2003 DYAN INC, DIANE 54.00 AP - 00195236 3/26/2003 DYAN INC, DIANE 162.00 AP - 00195236 3/26/2003 DYAN INC, DIANE 252.00 AP - 00195236 3/26/2003 DYAN INC, DIANE 126.00 AP- 00195237 3/26/2003 EGGERS, BOB 592.50 AP - 00195239 3/26/2003 EMPIRE MOBILE HOME SERVICE 2,205.70 AP - 00195241 3/26/2003 ESGIL CORPORATION 20,295.36 AP - 00195242 3/26/2003 ETIWANDA SCHOOL DISTRICT 500.00 AP - 00195243 3/26/2003 ETIWANDA SCHOOL DISTRICT 385.00 AP - 00195243 3/26/2003 ETIWANDA SCHOOL DISTRICT 385.00 AP - 00195244 3/26/2003 EWlNG IRRIGATION PRODUCTS 153.20 AP 00195244 3/26/2003 EWlNG IRRIGATION PRODUCTS 486.97 AP 00195244 3/26/2003 EWlNG IRRIGATION PRODUCTS 87.86 AP 00195244 3/26/2003 EWlNG IRRIGATION PRODUCTS 10.69 AP 00195244 3/26/2003 EWING IRRIGATION PRODUCTS 82.67 AP 00195247 3/26/2003 FEDERAL EXPRESS CORP 13.21 AP 00195247 3/26/2003 FEDERAL EXPRESS CORP 17.21 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 18.32 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 14.76 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 17.21 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 16.97 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 20.88 AP ~ 00195247 3/26/2003 FEDERAL EXPRESS CORP 17.21 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 44.35 AP - 00195247 3/26/2003 FEDERAL EXPRESS CORP 16.16 AP - 00195248 3/26/2003 FINESSE PERSONNEL ASSOCIATES 364.50 AP - 00195248 3/26/2003 FINESSE PERSONNEL ASSOCIATES 870.00 AP - 00195248 3/26/2003 FINESSE PERSONNEL ASSOCIATES 722.20 AP - 00195248 3/26/2003 FINESSE PERSONNEL ASSOCIATES 331.50 AP - 00195248 3/26/2003 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00195248 3/26/2003 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP - 00195249 3/26/2003 FIRST PLACE TROPHIES 25.15 AP - 00195250 3/26/2003 FISHER SCIENTIFIC 205.17 AP - 00195250 3/26/2003 FISHER SCIENTIFIC 132.73 AP - 00195251 3/26/2003 FLEET GLASS 247.28 AP - 00195252 3/26/2003 FOOTHILL FAMILY SHELTER 250.00 AP - 00195253 3/26/2003 FORD OF UPLAND INC 34.48 AP - 00195253 3/26/2003 FORD OF UPLAND INC 106.26 AP- 00195253 3/26/2003 FORD OF UPLAND INC -72.15 AP - 00195253 3/26/2003 FORD OF UPLAND INC 79.25 AP - 00195254 3/26/2003 FORD PRINTING AND MAILING INC 927.27 AP - 00195255 3/26/2003 GALE GROUP,THE 143.91 AP - 00195257 3/26/2003 GEARY, RONALD G. AND JANE L. 10,000.00 AP - 00195263 3/26/2003 GIORDANO, MARIANNA 36.00 AP - 00195263 3/26/2003 GIORDANO, MARIANNA 81.00 AP - 00195264 3/26/2003 GUARDIAN 2,336.80 AP - 00195265 3/26/2003 HAAKER EQUIPMENT CO 536.18 AP - 00195265 3/26/2003 HAAKER EQUIPMENT CO 260.60 AP- 00195266 3/26/2003 HAKIMI, SUSAN 159.18 AP- 00195267 3/26/2003 HAPPY ELVES DECORATING 4,455.00 AP - 00195268 3/26/2003 HARALAMBOS BEVERAGE COMPANY 387.06 User: ahunsber - Ann Hunsberger Page: 8 Current Date: 04/09/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~l, 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195269 3/26/2003 HARDY, BRADLEY 260.50 AP - 00195270 3/26/2003 HEILIG, KELLY 156.60 AP - 00195270 3/26/2003 HEILIG, KELLY 226.20 AP - 00195270 3/26/2003 HEILIG, KELLY 147.90 AP - 00195270 3/26/2003 HEILIG, KELLY 255.00 AP - 00195271 3/26/2003 HINRICHSEN, BARBARA 2,200.00 AP - 00195272 3/26/2003 HOLLIDAY ROCK CO INC 138.19 AP - 00195272 3/26/2003 HOLLIDAY ROCK CO INC 45.00 AP - 00195272 3/26/2003 HOLLiDAY ROCK CO INC 311.00 AP - 00195272 3/26/2003 HOLLiDAY ROCK CO INC 45.00 AP - 00195272 3/26/2003 HOLL1DAY ROCK CO INC 459.92 AP - 00195273 3/26/2003 HOSE MAN INC 182.78 AP - 00195273 3/26/2003 HOSE MAN INC 89.54 AP - 00195274 3/26/2003 HOUSE OF RUTH 633.00 AP - 00195275 3/26/2003 HOWEY, CINDY 150.00 AP - 00195276 3/26/2003 HOYT LUMBER CO., SM 100.85 AP - 00195276 3/26/2003 HOYT LUMBER CO., SM -54.31 AP - 00195277 3/26/2003 HOYT RAYMOND 65.25 AP - 00195277 3/26/2003 HOYT RAYMOND 42.00 AP - 00195277 3/26/2003 HOYT RAYMOND 216.00 AP- 00195277 3/26/2003 HOYT RAYMOND 48.00 AP- 00195277 3/26/2003 HOYT RAYMOND 168.00 AP - 00195277 3/26/2003 HOYT RAYMOND 101.25 AP - 00195277 3/26/2003 tIOYT RAYMOND 73.50 AP - 00195277 3/26/2003 HOYT RAYMOND 120.00 AP - 00195278 3/26/2003 HSU, STEVE 486.00 AP - 00195279 3/26/2003 HUANG, PRUDENCE 1,725.00 AP - 00195280 3/26/2003 HULSEY, STEPHEN 1,500.00 AP- 00195281 3/26/2003 HU~ST, CHERYL 288.50 AP- 00195282 3/26/2003 HYDROSCAPEPRODUCTS INC 125.56 AP - 00195282 3/26/2003 HYDROSCAPE PRODUCTS INC 125.56 AP - 00195282 3/26/2003 HYDROSCAPE PRODUCTS INC 223.05 AP - 00195282 3/26/2003 HYDROSCAPE PRODUCTS INC 223.04 AP- 00195283 3/26/2003 IBM CORPORATION 612.47 AP - 00195284 3/26/2003 ICI DULUX PAINT CENTERS 68.21 AP - 00195285 3/26/2003 INDUSTRIAL DISTRIBUTION GROUP 41.12 AP - 00195285 3/26/2003 INDUSTRIAL DISTRIBUTION GROUP 265.99 AP - 00195286 3/26/2003 INLAND ASPHALT & COATINGS 1,000.00 AP - 00195288 3/26/2003 INLAND INDUSTRIAL MEDICAL GROUP 29.46 AP - 00195288 3/26/2003 INLAND INDUSTRIAL MEDICAL GROUP 100.65 AP - 00195289 3/26/2003 INLAND MEDIATION BOARD 651.23 AP - 00195289 3/26/2003 INLAND MEDIATION BOARD 718.56 AP - 00195290 3/26/2003 INLAND VALLEY DANCE ACADEMY 176.40 AP - 00195290 3/26/2003 INLAND VALLEY DANCE ACADEMY 396.90 AP - 00195290 3/26/2003 INLAND VALLEY DANCE ACADEMY 198.45 AP - 00195290 3/26/2003 INLAND VALLEY DANCE ACADEMY 242.55 AP - 00195290 3/26/2003 INLAND VALLEY DANCE ACADEMY 308.70 AP - 00195291 3/26/2003 INLAND WHOLESALE NURSERY 105.05 AP - 00195291 3/26/2003 INLAND WHOLESALE NURSERY 9.47 AP - 00195291 3/26/2003 INLAND WHOLESALE NURSERY 87.87 AP- 00195291 3/26/2003 INLAND WHOLESALE NURSERY 251.32 AP- 00195291 3/26/2003 INLAND WHOLESALE NURSERY 58.18 AP - 00195291 3/26/2003 INLAND WHOLESALE NURSERY 251.32 User: ahunsber - Ann Hunsberger Page: 9 Current Date: 04/09/20£ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~l' 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195291 3/26/2003 INLAND WHOLESALE NURSERY 58.18 AP - 00195292 3/26/2003 INTERACTIVE DATA CORPORATION 82.43 AP - 00195292 3/26/2003 INTERACTIVE DATA CORPORATION 82.43 AP - 00195293 3/26/2003 INTERSTATE BATTERIES 203.49 AP - 00195293 3/26/2003 INTERSTATE BATTERIES 122.67 AP - 00195293 3/26/2003 INTERSTATE BATTERIES 102.15 AP - 00195294 3/26/2003 IRON MOUNTAIN OSDP 359.50 AP - 00195295 3/26/2003 ISLAMIC CENTER OF INLAND EMPIRE 56.16 AP - 00195296 3/26/2003 JONES, JAMES 240.00 AP - 00195297 3/26/2003 KAISER FOUNDATION HEALTH PLAN INC 1,384.03 AP - 00195298 3/26/2003 KOZLOVICH, DEBBIE 2,271.00 AP - 00195299 3/26/2003 LACROIX, MICHELLE 30.96 AP - 00195300 3/26/2003 LaLONDE, JOHN 1,500.00 AP - 00195302 3/26/2003 LEROY MONTOYA SR 500.00 AP - 00195303 3/26/2003 LEUNG, FLOSS1E 250.00 AP - 00195304 3/26/2003 LITTLE BEAR PRODUCTIONS 135.00 AP - 00195305 3/26/2003 LONG BEACH UNIFORM CO INC 619.40 AP - 00195305 3/26/2003 LONG BEACH UNIFORM CO INC -430.95 AP - 00195306 3/26/2003 LOS ANGELES COCA COLA BTL CO 246.78 AP - 00195307 3/26/2003 LOWER, DARLENE 251.00 AP - 00195308 3/26/2003 MARIPOSA HORTICULTURAL ENT INC 497.46 AP - 00195308 3/26/2003 MARIPOSA HORTICULTURAL ENT INC 497.46 AP - 00195309 3/26/2003 MARSHALL, SYLVIA 993.90 AP - 00195310 3/26/2003 MASSACHUSETTS DEPARTMENT OFREVENUE 149.10 AP - 00195311 3/26/2003 MEGA WAY ENTERPRISES 4,883.24 AP- 00195312 3/26/2003 MEGAWAY ENTERPRISES 19,730.13 AP - 00195313 3/26/2003 MIDWEST TAPE 47.98 AP- 00195313 3/26/2003 MIDWEST TAPE 37.98 AP- 00195314 3/26/2003 MILLS, CAREY 470.40 AP - 00195316 3/26/2003 MOE, JOHN 276.00 AP- 00195317 3/26/2003 MORALES, MELISSA 34.58 AP - 00195318 3/26/2003 N M A DUES C/O NAOMI ROBERTS 13.85 AP-00195319 3/26/2003 NATIONAL DEFERRED 25,416.92 AP - 00195320 3/26/2003 NIKPOUR, MOHAMMED 75.00 AP - 00195321 3/26/2003 OHIO CHILD SUPPORT PAYMENT CENTRAL 77.35 AP - 00195322 3/26/2003 PARS PHASE II SYSTEMS 3,500.00 AP - 00195323 3/26/2003 PAUL DAVIS RESTORATION 250.00 AP- 00195324 3/26/2003 PRE-PAID LEGAL SERVICES INC 156.63 AP- 00195325 3/26/2003 PRINCIPAL LIFE 1,681.30 AP - 00195326 3/26/2003 PRINCIPAL LIFE 66,732.08 AP- 00195326 3/26/2003 PRINCIPAL LIFE 15,030.53 AP - 00195327 3/26/2003 QUALITY ONE ENGRAVING 60.34 AP- 00195328 3/26/2003 QUINTANA, ZITA 193.00 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 266.34 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 279.59 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 60.89 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 55.00 AP- 00195329 3/26/2003 R ANDR AUTOMOTIVE 544.25 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 31.92 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 218.79 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 105.92 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 295.37 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 31.92 User: ahunsber - Ann Honsberger Page: 10 Current Date: 04/09/20C Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:, ~, 15:17:5 /a CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 31.92 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 43.81 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 313.47 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 58.81 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 31.92 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 488.40 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 528.73 AP- 00195329 3/26/2003 R AND R AUTOMOTIVE 71.31 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 362.10 AP - 00195329 3/26/2003 R AND R AUTOMOTIVE 15.00 AP - 00195330 3/26/2003 RANCHO CUCAMONGA CHAMBER OF COMMEI 200.00 AP - 00195330 3/26/2003 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00195331 3/26/2003 RANCHO CUCAMONGA FAMILY YMCA 500.00 AP - 00195331 3~26~2003 RANCHO CUCAMONGA FAMILY YMCA 1,000.00 AP - 00195332 3/26/2003 RANCHO CUCAMONGA QUAKES PROFESSION~ 8,000.00 AP - 00195332 3/26/2003 RANCHO CUCAMONGA QUAKES PROFESSIONP 15,000.00 AP - 00195333 3/26/2003 RBM LOCK AND KEY SERVICE 29.52 AP - 00195333 3/26/2003 RBM LOCK AND KEY SERVICE 2.91 AP - 00195333 3/26/2003 RBM LOCK AND KEY SERVICE 5.66 AP - 00195334 3/26/2003 REDINGER, TOM 75.00 AP - 00195335 3/26/2003 REINHARDTSEN, DEBRA 282.50 AP - 00195336 3/26/2003 RENDON, WILLIAM 500.00 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 2,501.73 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 8,699.72 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 47,412.20 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 217.00 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 6,281.19 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 3,037.86 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,813.50 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,171.63 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 2,791.39 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 5,525.00 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,315.49 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 8,243.06 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 14,510.43 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 280.40 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSI-ION 46.50 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 155.00 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 77.50 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,095.50 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 3,425.15 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,857.65 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 478.80 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 760.50 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 827.37 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 466.38 AP ~ 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 289.80 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,670.50 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 6,744.90 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 561.00 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,361.50 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 2,900.00 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,080.49 User: ahunsber - Ann Hunsberger Page: 11 Current Date: 04/09/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ,t 15:17:5 /I CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP ~ 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 148.00 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 3,050.00 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 93.00 AP- 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 7,173.88 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 1,619.89 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 733.51 AP - 00195338 3/26/2003 RICHARDS WATSON AND GERSHON 4,843.46 AP - 00195340 3/26/2003 RIVERSIDE BLUEPRINT 84.05 AP ~ 00195340 3/26/2003 RIVERSIDE BLUEPRINT 66.59 AP - 00195340 3/26/2003 RIVERSIDE BLUEPRINT 58.83 AP - 00195340 3/26/2003 RIVERSIDE BLUEPRINT 30.39 AP - 00195341 3/26/2003 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP - 00195343 3/26/2003 ROTH STAFFING COMPANIES INC 299.20 AP - 00195343 3/26/2003 ROTH STAFFING COMPANIES INC 299.20 AP - 00195343 3/26/2003 ROTH STAFFING COMPANIES INC 299.20 AP - 00195344 3/26/2003 S B AND O INC 2,800.00 AP - 00195345 3/26/2003 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 220.00 AP - 00195346 3/26/2003 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 289.68 AP - 00195347 3/26/2003 SAN BERN COUNTY FLOOD CONTROL DISTRIC 3,000.00 AP - 00195349 3/26/2003 SAN BERN COUNTY SHERIFFS 23,704.17 AP - 00195349 3/26/2003 SAN BERN COUNTY SHERIFFS 15,320.83 AP - 00195349 3/26/2003 SAN BERN COUNTY SHERIFFS 1,036,845.00 AP - 00195349 3/26/2003 SAN BERN COUNTY SHERII~FS 16,600.00 AP - 00195350 3/26/2003 SAN BERN COUNTY, TREASURER 55.00 AP- 00195351 3/26/2003 SAN BERNCOUNTY 10,032.00 AP - 00195354 3/26/2003 SCANLAN, KARL 1,000.00 AP - 00195355 3/26/2003 SIGN SHOP, THE ,81.24 AP- 00195356 3/26/2003 SILVIACONSTRUCTION INC 27,698.01 AP - 00195358 3/26/2003 SIMS, DIANA LAURIE 250.00 AP- 00195358 3/26/2003 SIMS, DIANA LAURIE 218.50 AP - 00195360 3/26/2003 SLUKA, SUSAN 300.00 AP-00195361 3/26/2003 SLUKA, SUSAN 150.00 AP - 00195363 3/26/2003 SO CAL HOUSING DEVELOPMENT 15,000.00 AP-00195364 3/26/2003 SORCINI, EMMA 385.50 AP - 00195365 3/26/2003 STATE OF CALIFORNIA FRANCHISE TAX BOAR 7 !.37 AP - 00195366 3/26/2003 STATE OF CALIF 864.00 AP - 00195367 3/26/2003 STEELWORKERS OLDTIMERS FOUNDATION 702.21 AP - 00195367 3/26/2003 STEELWORKERS OLDTIMERS FOUNDATION 708.33 AP - 00195368 3/26/2003 STEVENS, MICHELE 800.00 AP-00195369 3/26/2003 STOFA, JOSEPH 20.00 AP - 00195370 3/26/2003 SUKUT CONSTRUCTION INC 185.00 AP - 00195371 3/26/2003 T S C G (TECHNOLOGY CONSULTING SERVICE: 2,687.44 AP- 00195372 3/26/2003 TAVA 1,000.00 AP - 00195373 3/26/2003 TERRY, DONNA 820.80 AP - 00195374 3/26/2003 TIME WARNER TELECOM 1,250.00 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 21,112.40 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 1,321.45 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 14,261.29 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 47.93 AP- 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 14,601.98 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 5,184.75 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 74.32 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 20,653.20 User: ahunsber - Ann Hunsberger Page: 12 Current Date: 04/09/20C Report:CK_AGENDA KEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:se ,~ 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 2,548.48 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 474.66 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 60.81 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 12,421.74 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 735.89 AP - 00195375 3/26/2003 TRUGREEN LANDCARE REGIONAL 56,757.83 AP - 00195376 3/26/2003 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00195377 3/26/2003 TUTORWHIZ INC 392.00 AP - 00195378 3/26/2003 UMPS ARE US ASSOCIATION 240.00 AP - 00195378 3/26/2003 UMPS ARE US ASSOCIATION 240.00 AP - 00195378 3/26/2003 UMPS ARE US ASSOCIATION 2,668.00 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 213.95 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 134.41 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 590.83 AP - 00195379 3/26/2003 UNII"IRST LRffiFORM SERVICE 40.00 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 78.14 AP - 00195379 3/26/2003 UNIPIRST UNIFORM SERVICE 666.36 AP - 00195379 3/26/2003 UNIPIRST UNIFORM SERVICE 41.78 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 129.41 AP - 00195379 3/26/2003 UNII~IRST UNIFORM SERVICE 129.56 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 572.75 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 73.81 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 21.58 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 25.27 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 22.53 AP - 00195379 3/26/2003 UNIFLRST UNIFORM SERVICE 26.35 AP - 00195379 3/26/2003 UNII~'IRST UNIFORM SERVICE 120.46 AP - 00195379 3/26/2003 UNII"IRST UNIFORM SERVICE 24.12 AP - 00195379 3/26/2003 UNII~LRST UNIFORM SERVICE 36.58 AP - 00195379 3/26/2003 UNIFIRST UNIFORM SERVICE 25.27 AP- 00195381 3/26/2003 UNITED PARCEL SERVICE 21.88 AP- 00195382 3/26/2003 UNII'ED WAY 596.32 AP - 00195383 3/26/2003 UPLAND TENNIS CLUB 1,051.20 AP - 00195384 3/26/2003 US HOMES INLAND DIVISION 3,491.18 AP- 00195386 3/26/2003 VEND U VENDING 152.91 AP - 00195387 3/26/2003 VERBERA, PHIL 2,180.00 AP - 00195388 3/26/2003 VERIZON WIRELESS - LA 4,116.45 AP - 00195388 3/26/2003 VERIZON WIRELESS - LA 196.40 AP- 00195390 3/26/2003 VERIZON 16.99 AP - 00195390 3/26/2003 VERIZON 16.92 AP-00195390 3/26/2003 VERIZON 16.92 AP-00195390 3/26/2003 VERIZON 19.69 AP - 00195390 3/26/2003 VERIZON 17.06 AP- 00195390 3/26/2003 VERIZON 23.61 AP - 00195390 3/26/2003 VERIZON 56.07 AP - 00195390 3/26/2003 VERIZON 27.29 AP - 00195390 3/26/2003 VERIZON 60.02 AP- 00195390 3/26/2003 VERIZON 37.50 AP-00195390 3/26/2003 VERIZON 182.15 AP - 00195390 3/26/2003 VERIZON 101.01 AP - 00~95390 3/26/2003 VERIZON 1,441.56 AP- 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 222.66 User: ahunsber - Ann Hunsberger Page: 13 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC -CK: Agenda Check Register Portrait Layout Time:, ,~ 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Re~ister 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 35.07 AP- 00195390 3/26/2003 VERIZON 127.11 AP - 00195390 3/26/2003 VERIZON 27.58 AP-00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 135.75 AP- 00195390 3/26/2003 VERIZON 88.80 AP-00195390 3/26/2003 VERIZON 31.89 AP - 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 89.62 AP- 00195390 3/26/2003 VERIZON 185.88 AP- 00195390 3/26/2003 VERIZON 88.20 AP- 00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 146.93 AP - 00195390 3/26/2003 VERIZON 377.78 AP-00195390 3/26/2003 VERIZON 38.51 AP - 00195390 3/26/2003 VERIZON 88.20 AP- 00195390 3/26/2003 VERIZON 38.51 AP - 00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 27.98 AP- 00195390 3/26/2003 VERIZON 88.80 AP ~ 00195390 3/26/2003 VERIZON 88.80 AP - 00195390 3/26/2003 VERIZON 24.39 AP-00195390 3/26/2003 VERIZON 88.20 AP - 00195390 3/26/2003 VERIZON 87.21 AP - 00195390 3/26/2003 VERIZON 40.42 AP- 00195390 3/26/2003 VERIZON 461.87 AP - 00195390 3/26/2003 VERIZON 77.07 AP - 00195390 3/26/2003 VERIZON 85.45 AP - 00195390 3/26/2003 VERIZON 23.60 AP - 00195390 3/26/2003 VERIZON 29.00 AP- 00195390 3/26/2003 VERIZON 112.01 AP- 00195390 3/26/2003 VERIZON 102.71 AP-00195390 3/26/2003 VERIZON 18.02 AP-00195390 3/26/2003 VERIZON 31.51 AP-00195390 3/26/2003 VERIZON 18.34 AP - 00195390 3/26/2003 VERIZON 16.97 AP- 00195390 3/26/2003 VERIZON 16.97 AP - 00195391 3/26/2003 VIGILANCE, TERRENCE 600.00 AP- 00195392 3/26/2003 VIKING OFFICE PRODUCTS 28.51 AP - 00195393 3/26/2003 VOLM, LIZA 112.50 AP - 00195394 3/26/2003 W F CONSTRUCTION INC 1,000.00 AP- 00195396 3/26/2003 WEST VALLEY MRFLLC 154.77 AP- 00~95396 3/26/2003 WEST VALLEY MRFLLC 217.47 AP- 00195396 3/26/2003 WEST VALLEY MRF LLC 173.58 AP- 00195396 3/26/2003 WEST VALLEY MRF LLC 121.77 User: ahunsber - Ann Hunsberger Page: 14 Current Date: 04/09/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~, / 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 177.21 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 211.20 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 275.88 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 65.56 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 50.38 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 31.68 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 52.36 AP - 00195396 3/26/2003 WEST VALLEY IvIRF LLC 247.50 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 211.86 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 89.43 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 200.64 AP - 00195396 3/26/2003 WEST VALLEY IvIRF LLC 245.52 AP - 00195396 3/26/2003 WEST VALLEY MRF LLC 238.59 AP - 00195397 3/26/2003 WHITE, LARRY 70.00 AP - 00195398 3/26/2003 XEROX CORPORATION 10,594.45 AP - 00195398 3/26/2003 XEROX CORPORATION 1,794.04 AP - 00195398 3/26/2003 XEROX CORPORATION 150.53 AP - 00195398 3/26/2003 XEROX CORPORATION 150.53 AP - 00195398 3/26/2003 XEROX CORPORATION 32.94 AP - 00195399 3/26/2003 YANCY, MICHELLE 25.00 AP - 00195400 3/26/2003 YEE, LARRY 53.00 AP - 00195401 3/26/2003 YWCA OF THE WEST END 986.54 AP - 00195401 3/26/2003 YWCA OF TIIE WEST END 712.95 AP - 00195402 3/26/2003 ZAILO, ROBERT 216.00 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 144.24 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 90.05 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 111.16 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 25.60 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 42.98 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 158.14 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 21.37 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 75.29 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 125.71 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 193.63 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 124.06 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 137.09 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 138.97 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 180.03 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 238.05 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 68.40 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 146.94 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 229.46 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 235.80 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 124.06 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 109.64 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 132.05 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 248.40 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 147.41 AP- 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 3,536.33 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 3,288.60 AP- 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 21.13 User: ahunsber - Ann Hunsberger Page: 15 Current Date: 04/09/20£ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time-t ~ 15:17:5 /..9 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.50 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.36 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 14.07 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.77 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 26.55 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 26.22 AP - 00195404 3/26/2003 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 1,350.00 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 32.97 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 2,250.00 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 300.00 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 643.05 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 1,800.00 AP - 00195405 3/27/2003 SUNGARD BI TECH INC 2,250.00 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 232.61 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 13.02 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 277.59 AP - 00195406 3/27/2003 LOWE~S COMPANIES INC. 54.19 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 72.03 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 283.37 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. -48.29 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 243.05 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 150.79 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 13.99 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 102.16 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 40.18 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 275.14 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 202.32 AP - 00195406 3/27/2003 LOWE'S COMPANIES INC. 84.05 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 151.00 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 203.77 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 131.00 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 6.06 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 34.94 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 53.15 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 150.00 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 414.00 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 124.54 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 1,061.56 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 45.85 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 65.70 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 394.00 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 217.64 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 6.06 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 110.82 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 92.10 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 122.91 User: ahunsber - Ann Hunsberger Page: 16 Current Date: 04/09/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time.'//15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 598.44 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 6.06 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 6.06 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 28.81 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 607.81 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 6.06 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 249.34 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 23.90 AP - 00195407 4/1/2003 ARROWHEAD CREDIT UNION 295.06 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 30.00 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 30.00 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 30.00 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 30.00 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 288.83 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 30.00 AP - 00195409 4/2/2003 A 1 SMOG AND REPAIR 30.00 AP - 00195410 4/2/2003 AA EQUIPMENT RENTALS CO INC 104.05 AP - 00195410 4/2/2003 AA EQUIPMENT RENTALS CO INC 155.93 AP - 00195410 4/2/2003 AA EQUIPMENT RENTALS CO 1NC 41.39 AP - 00195410 4/2/2003 AA EQUIPMENT RENTALS CO INC 130.16 AP - 00195411 4/2/2003 ABC LOCKSMITHS 406.86 AP - 00195412 4/2/2003 ABLAC 16.39 AP - 00195413 4/2/2003 ABLETRONICS 9.10 AP - 00195414 4/2/2003 ADAMSON, RONALD 1,280.00 AP - 00195415 4/2/2003 ADT SECURITY SERVICES INC 313.87 AP - 00195416 4/2/2003 ALL CITIES TOOLS 96.25 AP - 00195417 4/2/2003 ALL WELDING 180.00 AP - 00195419 4/2/2003 ALTA FIRE EQUIPMENT CO 209.00 AP - 00195419 4/2/2003 ALTA FIRE EQUIPMENT CO 101.81 AP - 00195420 4/2/2003 AMAZON.COM CREDIT 58.96 AP - 00195420 4/2/2003 AMAZON.COM CREDIT 80.13 AP - 00195420 4/2/2003 AMAZON.COM CREDIT 32.49 AP - 00195422 4/2/2003 AMERICAN PACIFIC HOMES 2,550.00 AP - 00195423 4/2/2003 AMERICAN PIPE AND SUPPLY 187.49 AP - 00195424 4/2/2003 AMTECH ELEVATOR SERVICES 535.00 AP - 00195424 4/2/2003 AMTECH ELEVATOR SERVICES 146.31 AP - 00195425 4/2/2003 ARBOR NURSERY INC 107.75 AP - 00195426 4/2/2003 ARCH WIRELESS 1,018.44 AP - 00195427 4/2/2003 ASSI SECURITY 135.00 AP - 00195428 4/2/2003 ASSOCIATED ARTISTS OF THE INLAND EMPIRI 80.00 AP - 00195429 4/2/2003 ASSOCIATED ENGINEERS 7,140.00 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE 113.90 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE 165.21 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE -3.88 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE 161.41 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE 161.41 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE 35.02 AP - 00195431 4/2/2003 B AND K ELECTRIC WHOLESALE 231.82 AP - 00195432 4/2/2003 BORDNER, MARGIE 300.00 AP - 00195433 4/2/2003 BREESE, KAREN 13.13 AP - 00195434 4/2/2003 BRODART BOOKS 9.68 AP - 00195434 4/2/2003 BRODART BOOKS 96.51 AP - 00195434 4/2/2003 BRODART BOOKS 85.55 User: ahunsber - Ann Hunsberger Page: 17 Current Date: 04/09/20G Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:i ,an 15:17:5 / 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date yendor Name Amount AP - 00195434 4/2/2003 BRODART BOOKS 17.41 AP - 00195434 4/2/2003 BRODART BOOKS 46.47 AP - 00195434 4/2/2003 BRODART BOOKS 29.00 AP - 00195434 4/2/2003 BRODART BOOKS 15.35 AP - 00195434 4/2/2003 BRODART BOOKS 30.02 AP - 00195434 4/2/2003 BRODART BOOKS 14.10 AP - 00195435 4/2/2003 BUBALO CONSTRUCTION CO INC, MIKE 7,369.89 AP - 00195435 4/2/2003 BUBALO CONSTRUCTION CO 1NC, MIKE 0.01 AP - 00195435 4/2/2003 BUBALO CONSTRUCTION CO INC, MIKE 238,980.32 AP - 00195436 4/2/2003 BUSINESS SPECIALTIES 300.84 AP - 00195437 4/2/2003 BUTSKO UTILITY DESIGN INC 3,593.52 AP - 00195437 4/2/2003 BUTSKO UTILITY DESIGN INC 330.00 AP - 00195438 4/2/2003 CAGLES APPLIANCE 354.85 AP - 00195439 4/2/2003 CALABRO, CHRISTINA 300.00 AP - 00195440 4/2/2003 CALIFORNIA PEACE OFFICERS ASSOCIATION 160.00 AP - 00195441 4/2/2003 CAPIO 275.00 AP - 00195443 4/2/2003 CENTRAL CITIES SIGNS INC 1,944.62 AP - 00195443 4/2/2003 CENTRAL CITIES SIGNS INC 1,695.18 AP - 00195444 4/2/2003 CHAI~'I~EY COLLEGE 225.00 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 983.93 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 981.80 AP - 00195445 4/2/2003 C1NGULAR INTERACTIVE LP 456.82 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 455.84 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 1,018.14 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 1,005.71 AP - 00195445 4/2/2003 CiNGULAR INTERACTIVE LP 466.94 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 472.71 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 280.52 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 281.12 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 145.45 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 143.67 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 140.26 AP - 00195445 ~/2/2003 CINGULAR INTERACTIVE LP 140.56 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 254.54 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 251.43 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 36.36 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 35.92 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 35.06 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 35.14 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 1,163.59 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 1,149.38 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 1,122.06 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 1,124.49 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 35.14 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 218.17 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 215.50 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 210.39 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 2t0.84 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 290.90 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 287.35 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 245.45 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 36.36 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 35.92 User: ahunsber - Ann Hunsberger Page: 18 Current Date: 04/09/20C Report:CK_AGENDA PEG PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time:j~,~ 15:17:5 /15 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 35.06 AP - 00195445 4/2/2003 CINGULAR INTERACTIVE LP 245.98 AP - 00195446 4/2/2003 CITY RENTALS 159.50 AP - 00195446 4/2/2003 CITY RENTALS 30.80 AP - 00195447 4/2/2003 CLABBY, SANDRA 1,000.00 AP - 00195448 4/2/2003 CMTA 2003 CONFERENCE 260.00 AP - 00195448 4/2/2003 CMTA 2003 CONFERENCE 260.00 AP - 00195449 4/2/2003 COASTAL BUILDING SERVICES INC 15,773.00 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 5,644.00 AP - 00195455 4/2/2003 .COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 115.29 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 109.28 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 119.88 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 119.88 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 245.00 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 119.88 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 119.88 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 87.17 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 112.41 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 1,376.30 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 911.42 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 115.42 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 1,458.10 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 319.29 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 473.52 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 167.82 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 167.82 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 111.88 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 188.71 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 190.80 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 103.70 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 691.41 User: ahunsber - Ann Hunsberger Page: 19 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:/~ 15:17:5 17 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195455 4/2/2003 COMPUTER SERVICE CO 156.98 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 256.1 l AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 118.38 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 217.30 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 80.57 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 113.00 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP ~ 00195455 4/2/2003 COMPUTER SERVICE CO 158.85 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 113.00 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 137.16 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 21.99 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 357.41 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 671.22 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 3,927.12 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 256.74 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 786.08 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 393.04 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 139.64 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 393.04 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 393.04 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 82.39 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 78.92 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 115.29 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 434.52 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 115.42 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 1,716.88 AP - 00195455 4/2/2003 COMPUTER SERVICE CO 86.92 AP - 00195456 4/2/2003 CONCOURS DEVELOPMENT CO. 22,433.71 AP - 00195457 4/2/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00195458 4/2/2003 COST RECOVERY SYSTEMS INC 9,000.00 AP - 00195459 4/2/2003 COX CASTLE & NICHOLSON 66.36 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 214.61 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 131.18 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 87.56 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 78.29 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 73.14 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 97.00 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 91.68 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 35.24 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 37.30 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 399.65 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 406.23 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 64.42 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 54.81 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 214.25 User: ahunsber - Ann Hunsberger Page: 20 Current Date: 04/09/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 382.50 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 978.31 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 978.30 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 188.56 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 179.59 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 920.65 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 1,843.04 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 131.52 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 217.70 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 565.25 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 257.87 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 923.49 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 304.22 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 361.90 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 55.20 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 166.26 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 144.57 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 122.94 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 122.94 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 106.46 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 322.76 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 109.55 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 47.60 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 93.74 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 461.09 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 598.80 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 177.53 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 86.53 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 97.01 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 62.02 AP - 00195461 4/2/2003 CUCAMONGA CO WATER DIST 158.99 AP - 00195462 4/2/2003 CUCAMONGA CONSTRUCTION CONSULTANTS 1,120.00 AP - 00195462 4/2/2003 CUCAMONGA CONSTRUCTION CONSULTANTS 840.00 AP - 00195463 4/2/2003 CYBERCOM RESOURCES INC 2,800.00 AP - 00195463 4/2/2003 CYBERCOM RESOURCES INC 1,750.00 AP - 00195463 4/2/2003 CYBERCOM RESOURCES INC 700.00 AP - 00195464 4/2/2003 D AND K CONCRETE COMPANY 526.90 AP - 00195465 4/2/2003 D AND R CUSTOM UPHOLSTERY 998.50 AP - 00195466 4/2/2003 DAN GUERRA AND ASSOCIATES 5,112.50 AP - 00195467 4/2/2003 DATA QUICK 93.50 AP - 00195467 4/2/2003 DATA QUICK 50.00 AP - 00195468 4/2/2003 DE LEISE, JENAE 519.24 AP - 00195469 4/2/2003 DELTA DENTAL 30,352.50 AP - 00195470 4/2/2003 DEMCO INC 1,519.89 AP - 00195471 4/2/2003 DIETERICH POST COMPANY 1,147.47 AP - 00195472 4/2/2003 E S BABCOCK & SONS INC. 455.00 AP - 00195473 4/2/2003 EDELSON, LYNETTE 150.00 AP - 00195474 4/2/2003 EMPIRE MOBILE HOME SERVICE 180.81 AP - 00195476 4/2/2003 EWING IRRIGATION PRODUCTS 1,878.38 User: ahunsber - Ann Hunsberger Page: 21 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 20.78 AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 16.97 AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 23.08 AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 17.26 AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 18.37 AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 23.08 AP - 00195477 4/2/2003 FEDERAL EXPRESS CORP 24.48 AP - 00195478 4/2/2003 FELIX, ADRIAN 70.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 870.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 76.50 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 736.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 680.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 736.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 1,440.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 341.25 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 486.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 783.00 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 331.50 AP - 00195480 4/2/2003 FINESSE PERSONNEL ASSOCIATES 475.88 AP - 00195481 4/2/2003 FIRST PLACE TROPHI]2S 621.18 AP - 00195482 4/2/2003 FISHER, YOLANDA 48.00 AP - 00195483 4/2/2003 FORD MOTOR CREDIT CORP 6.47 AP - 00195484 4/2/2003 FORD OF UPLAND INC 63.59 AP - 00195484 4/2/2003 FORD OF UPLAND INC 188.87 AP - 00195486 4/2/2003 GARCIA, VIVIAN 26.64 AP - 00195486 4/2/2003 GAR. CIA, VIVIAN 25.20 AP - 00195487 4/2/2003 GCS SERVICE INC 839.07 AP - 00195488 4/2/2003 GEOGRAPHICS 5,632.09 AP - 00195489 4/2/2003 GIARDANO, MARIANNA 240.00 AP - 00195492 4/2/2003 GOLD'N WEST SURPLUS 593.00 AP - 00195493 4/2/2003 H AND L CHARTER CO. 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Ann Hunsberger Page: 26 Current Date: 04/09/20~ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195576 4/2/2003 PACIFIC EQUIP AND IRRIGATION INC 207.24 AP - 00195576 4/2/2003 PACIFIC EQUIl~ AND IRRIGATION INC 21.06 AP - 00195577 4/2/2003 PAPER DIRECT INC 725.56 AP - 00195580 4/2/2003 PATTON SALES CORP 18.34 AP - 00195580 4/2/2003 PATTON SALES CORP 39.62 AP - 00195581 4/2/2003 PETES ROAD SERVICE INC 346.39 AP - 00195581 4/2/2003 PETES ROAD SERVICE [NC 109.64 AP - 00195581 4/2/2003 PETES ROAD SERVICE INC 1,913.12 AP - 00195581 4/2/2003 PETES ROAD SERVICE INC 89.64 AP - 00195582 4/2/2003 PIONEER MANUFACTURING 28.35 AP - 00195583 4/2/2003 PIT STOP EMBROIDERY AND SCREEN PRINT 60.34 AP ~ 00195585 4/2/2003 POMA DISTRIBUTING CO 10,903.54 AP - 00195586 4/2/2003 POMONA INLAND VALLEY COUNCIL OF CHUR~ 432.00 AP - 00195587 4/2/2003 POMONA VALLEY KAWASAKI 83.99 AP - 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Ann Hunsberger Page: 27 Current Date: 04/09/20C Report:CK_AGENDA REG PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:17:5 ,,27 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195615 4/2/2003 SIGN SHOP, THE 177.79 AP - 00195617 4/2/2003 SM1DERLE, BEA 36.47 AP - 00195617 4/2/2003 SMIDERLE, BEA 42.00 AP - 00195617 4/2/2003 SMIDERLE, BEA 10.67 AP - 00195617 4/2/2003 SMIDERLE, BEA 26.00 AP - 00195617 4/2/2003 SMIDERLE, BEA 11.22 AP - 00195617 4/2/2003 SMIDERLE, BEA 3.64 AP - 00195617 4/212003 SMIDERLE, BEA 8.75 AP ~ 00195617 4/2/2003 SMIDERLE, BEA 9.69 AP - 00195618 4/2/2003 SO CAL1F EDISON CO 489.78 AP - 00195618 4/2/2003 SO CALIF EDISON CO 6,236.22 AP - 00195618 4/2/2003 SO CALIF EDISON CO 49.55 AP - 00195618 4/2/2003 SO CALIF EDISON CO 28.87 AP - 00195618 4/2/2003 SO CALIF EDISON CO 62.80 AP - 00195618 4/212003 SO CALIF EDISON CO 0.37 AP - 00195618 4/2/2003 SO CALIF EDISON CO 56.99 AP - 00195618 4/2/2003 SO CALIF EDISON CO 57.98 AP - 00195618 4/2/2003 SO CALIF EDISON CO 5,920.14 AP - 00195618 4/2/2003 SO CALIF EDISON CO 2,826.63 AP - 00195618 4/2/2003 SO CALIF EDISON CO 2,956.09 AP - 00195619 4/2/2003 SO CALIF GAS COMPANY 1,323.66 AP - 00195619 4/2/2003 SO CAL1F GAS COMPANY 765.86 AP - 00195619 4/2/2003 SO CALIF GAS COMPANY 265.85 AP - 00195621 4/2/2003 SOFT CHOICE CORP 1,248.65 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 178.24 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 10.05 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 91.27 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 123.16 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4~2/2003 SOUTHERN CALIFORNIA EDISON 67.55 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.36 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 93.46 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 515.40 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 368.48 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 19.25 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.93 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 20.07 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.34 User: ahunsber - Ann Hunsberger Page: 28 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~,s ~,,~ 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/912003 Check No. Check Date Vendor Name Amount AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.63 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 17.90 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 18.44 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 23.86 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 19.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.23 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.93 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.63 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 76.08 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 16.80 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 7.00 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.02 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 68.22 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 133.68 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 5,033.72 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.44 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 128.45 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 16.52 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 24.81 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 180.66 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 192.73 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 118.08 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 134.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 190.47 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 71.97 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 140.37 AP - 00195626 4~2~2003 SOUTHERN CALIFORNIA EDISON 63.06 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 105.06 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 99.07 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 128.05 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.67 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.67 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 36.08 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 1,027.98 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 18.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 21.75 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 16.54 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 User: ahunsber - Ann Hunsberger Page: 29 Current Date: 04/09/201; Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~q 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date yendor Name Amount AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.37 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON I4.23 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 21.15 AP - 00195626 41212003 SOUTHERN CALIFORNIA EDISON 14.77 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.21 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 15.18 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 85.77 AP - 00195626 4/2~2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.09 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.00 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 48.71 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 15.31 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.53 AP - 00195626 4/212003 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 96.22 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.91 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 55.09 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 22.19 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 46.49 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.34 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 16.74 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 168.98 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 59.44 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 84.00 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 209.85 AP - 00195626 4/2/2003 SOUTI-IERN CALIFORNIA EDISON 133.48 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.37 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.37 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 51.97 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 51.30 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 25.99 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 272.07 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 80.56 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.02 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 31.20 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 74.00 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 81.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 User: ahunsber - Ann Hunsberger Page: 30 Current Date: 04/09/20G Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~A 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 .Check No. Check Date Vendor Name Amount AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 11.23 AP - 00195626 4~2~2003 SOUTHERN CALIFORNIA EDISON 7.04 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.23 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 21.75 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 21.75 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4~2~2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 15.18 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 20.83 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.09 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 21.29 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 143.80 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 14.23 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 32.16 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195626 4/2/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195629 4/212003 SPECTRA COMPANY 1,675.00 AP - 00195630 4/2/2003 STANDARD INSURANCE COMPANY 340.19 AP - 00195631 4/2/2003 STATE OF CALIFORNIA 7,830.82 AP - 00195632 4/2/2003 STATE OF CALIF 2,400.00 AP - 00195633 4/2/2003 STERLING COFFEE SERVICE 118.38 AP - 00195633 4/2/2003 STERLING COFFEE SERVICE 103.18 AP - 00195634 4/2/2003 STETKEVICH, OREST 40.00 AP - 00195635 4/2/2003 STONE MOUNTAIN CATERING 3,500.00 AP - 00195636 4/2/2003 SUNRISE FORD 296.92 AP - 00195636 4/2/2003 SUNRISE FORD 331.64 AP - 00195636 4/2/2003 SUNRISE FORD 98.29 AP - 00195637 4/2/2003 SUNSHINE WINDOWS 3,825.00 AP - 00195639 4/2/2003 CHRISTENSON CO. 3,250.00 AP - 00195639 4/2/2003 CHRISTENSON CO. 3,900.00 AP - 00195640 4/2/2003 TANGUAY, VALERIE 125.00 AP - 00195642 4/2/2003 TARGET 28.61 AP - 00195642 4/2/2003 TARGET 83.67 AP - 00195642 4/2/2003 TARGET 52.56 AP - 00195644 4/2/2003 TERMINIX INTERNATIONAL 200.00 AP - 00195645 4/2/2003 TOMARK SPORTS INC 308.22 AP - 00195645 4/2/2003 TOMARK SPORTS INC 756.78 AP - 00195646 4/2/2003 TOP HEALTH 2,697.24 AP - 00195647 4/2/2003 TRANSAMERICAN SOIL 909.36 AP - 00195648 4/2/2003 TRUGREEN LANDCARE REGIONAL 1,692.51 AP - 00195648 4/2/2003 TRUGREEN LANDCARE REGIONAL 4,800.00 AP - 00195648 4/2/2003 TRUGREEN LANDCARE REGIONAL 5,825.00 User: ahunsber - Ann Hunsberger Page: 31 Current Date: 04/09/20¢ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195650 4/2/2003 UNIFIRST UNIFORM SERVICE 25.48 AP - 00195650 4/2/2003 UNIIqRST UNIFORM SERVICE 639.59 AP - 00195650 4/2/2003 UNIFIRST UNIFORM SERVICE 36.58 AP - 00195650 4/2/2003 UNIFIRST UNIFOR/VI SERVICE 128.26 AP - 00195650 4/2/2003 UNIIqRST UNIFORM SERVICE 25.27 AP - 00195650 4/2/2003 UNIFIRST UNIFORM SERVICE 67.90 AP - 00195651 4/2/2003 UNION BANK OF CALIFORNIA TRUSTEE FOR P~ 46,126.30 AP - 00195652 4/2/2003 UNITED PARCEL SERVICE 20.93 AP - 00195652 4~2/2003 UNITED PARCEL SERVICE 17.22 AP - 00195652 4/2/2003 UNITED PARCEL SERVICE 24.93 AP - 00195653 4/2/2003 UNITEK TECHNOLOGY ]NC 1,977.21 AP - 00195654 4/2/2003 URBAN CROSSROADS INC 4,555.79 AP - 00195654 4/2/2003 URBAN CROSSROADS ]NC 1,165.00 AP - 00195654 4/2/2003 URBAN CROSSROADS INC 790.00 AP - 00195655 4/2/2003 VERIZON 29.99 AP - 00195655 4/2/2003 VERIZON 28.00 AP - 00195655 4/2/2003 VERIZON 55.38 AP - 00195655 4/2/2003 VERIZON 28.07 AP - 00195655 4/2/2003 VERIZON 567.71 AP - 00195655 4/2/2003 VERIZON 48.29 AP - 00195655 4/2/2003 VERIZON 29.12 AP - 00195655 4/2/2003 VERIZON 27.93 AP - 00195655 4/2/2003 VERIZON 394.42 AP - 00195655 4/2/2003 VERIZON 31.94 AP - 00195655 4/2/2003 VERIZON 23.98 AP - 00195655 4/2/2003 VERIZON 55.60 AP - 00195655 4/2/2003 VERIZON 46.82 AP - 00195655 4/2/2003 VERIZON 82.32 AP - 00195655 4/2/2003 VERIZON 28.55 AP - 00195655 4/2/2003 VERIZON 204.37 AP - 00195656 4/2/2003 VILLAGOMEZ, CHARLEI 28.08 AP - 00195657 4/2/2003 VISION SERVICE PLAN CA 7,000.11 AP - 00195658 4/2/2003 VISTA PAINT 186.58 AP - 00195659 4/2/2003 VULCAN CALMAT ASPHALT 200.95 AP - 00195660 4/2/2003 WALTERS WHOLESALE ELECTRIC CO 16.92 AP - 00195661 4/2/2003 WARREN AND CO, CARL 145.16 AP - 00195662 4/2/2003 WAXIE 705.67 AP - 00195662 4/2/2003 WAXIE 92.44 AP - 00195662 4/2/2003 WAXIE 71.03 AP - 00195662 4/2/2003 WAXIE -360.20 AP - 00195662 4/2/2003 WAXIE 58.57 AP - 00195662 4/2/2003 WAXIE 54.91 AP - 00195662 4/2/2003 WAXIE 94.55 AP - 00195663 4/2/2003 WEST GROUP PAYMENT CENTER 146.80 AP - 00195664 4/2/2003 WHITE, LARRY 145.00 AP - 00195665 4/2/2003 WILLDAN ASSOCIATES 42,427.50 AP ~ 00195667 4/2/2003 WOOD, SUE 240.00 AP - 00195669 4/2/2003 YEE, LARRY 68.00 AP - 00195670 4/2/2003 YORK INDUSTRIES 122.84 AP - 00195671 4/2/2003 ZETTERBERG, BOB 160.88 AP - 00195672 4/2/2003 ZWlSSLER, JAMES 70.00 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 0.85 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 1.28 User: ahunsber - Ann Hunsberger Page: 32 Current Date: 04/09/20c Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 85.68 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 31.72 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 7.80 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 3.98 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 56.07 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 14.61 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE -27.52 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE -20.84 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 1.07 AP - 00195674 4/3/2003 ORCHARD SUPPLY HARDWARE 11.49 AP - 00195684 4/7/2003 CALIFORNIA PEACE OFFICERS ASSOCIATION 145.00 AP - 00195689 4/9/2003 3M COMPANY 145.35 AP - 00195690 4/9/2003 AA EQUIPMENT RENTALS CO INC 79.00 AP - 00195691 4/9/2003 ABC LOCKSMITHS 80.81 AP - 00195691 4/9/2003 ABC LOCKSMITHS 78.24 AP - 00195691 4/9/2003 ABC LOCKSMITHS 265.88 AP - 00195691 4/9/2003 ABC LOCKSMITHS 16.16 AP - 00195691 4/9/2003 ABC LOCKSMITHS 94.13 AP - 00195691 4/9/2003 ABC LOCKSMITHS 15.31 AP - 00195691 4/9/2003 ABC LOCKSMITHS 224.90 AP - 00195691 4/9/2003 ABC LOCKSMITHS 275.00 AP - 00195691 4/9/2003 ABC LOCKSMITHS 56.57 AP - 00195691 4/9/2003 ABC LOCKSMITHS 275.00 AP - 00195691 4/9/2003 ABC LOCKSMITHS 234.00 AP - 00195691 4/9/2003 ABC LOCKSMITHS 60.12 AP - 00195692 4/9/2003 ABC SCHOOL SUPPLY INC 77.90 AP - 00195693 4/9/2003 ABLAC 294.06 AP - 00195694 4/9/2003 ABSOLUTE ASPHALT INC 474.10 AP - 00195694 4/9/2003 ABSOLUTE ASPHALT INC 474.10 AP - 00195696 4/9/2003 AGUSTIADI, ELIZABETH 200.00 AP - 00195697 4/9/2003 AIR CONTROLLED ENVIRONMENTS 3,499.48 AP - 00195697 4/9/2003 AIR CONTROLLED ENVIRONMENTS 2,030.22 AP - 00195700 4/9/2003 ALL CITIES TOOLS 237.05 AP - 00195701 4/9/2003 ALLEN, SYLVESTER R 227.40 AP - 00195702 4/9/2003 AMTECH ELEVATOR SERVICES 187.00 AP - 00195703 4/9/2003 ARCH WIRELESS 366.20 AP - 00195705 4/9/2003 B AND K ELECTRIC WHOLESALE 32.61 AP - 00195706 4/9/2003 BAKER, JULIE 52.00 AP - 00195707 4/9/2003 BATCHELOR, CHI~RYL 10.50 AP - 00195708 4/9/2003 BILL BLANCHARDS LITTLE BIG BAND 500.00 AP - 00195709 4/9/2003 BISHOP COMPANY 195.93 AP - 00195709 4/9/2003 BISHOP COMPANY 154.08 AP - 00195709 4/9/2003 BISHOP COMPANY 1.25 AP - 00195709 4/9/2003 BISHOP COMPANY 110.17 AP - 00195710 4/9/2003 BOISE CASCADE OFFICE PRODUCTS CORP 1,262.83 AP - 00195711 4/9/2003 BOYLE ENGINEERING 7,434.30 AP - 00195711 4/9/2003 BOYLE ENGINEERING 21,781.07 AP - 00195719 4/9/2003 BRODART BOOKS 127.62 AP - 00195719 4/9/2003 BRODART BOOKS 44.12 AP - 00195719 4/9/2003 BRODART BOOKS 15.32 AP - 00195719 4/9/2003 BRODART BOOKS 15.32 AP - 00195719 4/9/2003 BRODART BOOKS 5.79 AP - 00195719 4/9/2003 BRODART BOOKS 31.26 User: ahunsber - Ann Hunsberger Page: 33 Current Date: 04/09/20£ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3]26/2003 through 4/9]2003 .Check No. Check Date Vendor Name Amount AP - 00195719 4/9/2003 BRODART BOOKS 18.43 AP - 00195719 4/912003 BRODART BOOKS 19.35 AP - 00195719 4/9/2003 BRODART BOOKS 74.44 AP - 00195719 4/9/2003 BRODART BOOKS 5.16 AP - 00195719 4/9/2003 BRODART BOOKS 18.40 AP - 00195719 4/9/2003 BRODART BOOKS 45.05 AP - 00195719 4/9/2003 BRODART BOOKS 21.33 AP - 00195719 4/9/2003 BRODART BOOKS 14.71 AP - 00195719 4/9/2003 BRODART BOOKS 15.93 AP - 00195719 4/9/2003 BRODART BOOKS 31.88 AP - 00195719 4/9/2003 BRODART BOOKS 13.51 AP - 00195719 4/9/2003 BRODART BOOKS 21.30 AP - 00195719 4/9/2003 BRODART BOOKS 165.51 AP - 00195719 4/9/2003 BRODART BOOKS 43.24 AP - 00195719 4/9/2003 BRODART BOOKS 30.64 AP - 00195719 4/9/2003 BRODART BOOKS 15.93 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 18.75 AP - 00195719 4/9/2003 BRODART BOOKS 6.84 AP - 00195719 4/9/2003 BRODART BOOKS 271.85 AP - 00195719 4/9/2003 BRODART BOOKS 42.19 AP - 00195719 4/9/2003 BRODART BOOKS 18.75 AP - 00195719 4/9/2003 BRODART BOOKS 14.07 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 29.45 AP - 00195719 4/9/2003 BRODART BOOKS 34.07 AP - 00195719 4/9/2003 BRODART BOOKS 12.27 AP - 00195719 4/9/2003 BRODART BOOKS 12.25 AP - 00195719 4/9/2003 BRODART BOOKS 29.05 AP - 00195719 4/9/2003 BRODART BOOKS 33.93 AP - 00195719 4/9/2003 BRODART BOOKS 14.53 AP - 00195719 4/9/2003 BRODART BOOKS 388.94 AP - 00195719 4/9/2003 BRODART BOOKS 13.57 AP - 00195719 4/9/2003 BRODART BOOKS 141.57 AP - 00195719 4/9/2003 BRODART BOOKS 43.08 AP - 00195719 4/9/2003 BRODART BOOKS 40.69 AP - 00195719 4/9/2003 BRODART BOOKS 82.39 AP - 00195719 4/9/2003 BRODART BOOKS 30.67 AP - 00195719 4/9/2003 BRODART BOOKS 53.25 AP - 00195719 4/9/2003 BRODART BOOKS 44.25 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 28.12 AP - 00195719 4/9/2003 BRODART BOOKS 32.80 AP - 00195719 4/9/2003 BRODART BOOKS 14.07 AP - 00195719 4/9/2003 BRODART BOOKS 3,360.00 AP - 00195719 4/9/2003 BRODART BOOKS 206.56 AP - 00195719 4/9/2003 BRODART BOOKS 91.57 AP - 00195719 4/9/2003 BRODART BOOKS 74.63 AP - 00195719 4/9/2003 BRODART BOOKS 121.94 AP - 00195719 4/9/2003 BRODART BOOKS 29.10 User: ahunsber - Ann Hunsberger Page: 34 Current Date: 04/09/20C Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195719 4/9/2003 BRODART BOOKS 15.35 AP - 00195719 4/9/2003 BRODART BOOKS 140.38 AP - 00195719 4/9/2003 BRODART BOOKS 89.17 AP - 00195719 4/9/2003 BRODART BOOKS 506.87 AP - 00195719 4/9/2003 BRODART BOOKS 898.21 AP - 00195719 4/9/2003 BRODART BOOKS 37.77 AP - 00195719 4/9/2003 BRODART BOOKS 19.35 AP - 00195719 4/9/2003 BRODART BOOKS 27.10 AP - 00195719 4/9/2003 BRODART BOOKS 21.34 AP - 00195719 4/9/2003 BRODART BOOKS 18.40 AP - 00195719 4/9/2003 BRODART BOOKS 81.24 AP - 00195719 4/9/2003 BRODART BOOKS 66.68 AP - 00195719 4/9/2003 BRODART BOOKS 9.65 AP - 00195719 4/9/2003 BRODART BOOKS 356.01 AP - 00195719 4/9/2003 BRODART BOOKS 12.25 AP - 00195719 4/9/2003 BRODART BOOKS 114.23 AP - 00195719 4/9/2003 BRODART BOOKS 11.64 AP - 00195719 4/9/2003 BRODART BOOKS 273.91 AP - 00195719 4/9/2003 BRODART BOOKS 15.93 AP - 00195719 4/9/2003 BRODART BOOKS 51.99 AP - 00195719 4/9/2003 BRODART BOOKS 100.97 AP 00195719 4/9/2003 BRODART BOOKS 95.31 AP 00195719 4/9/2003 BRODART BOOKS 29.34 AP 00195719 4/9/2003 BRODART BOOKS 198.69 AP 00195719 4/9/2003 BRODART BOOKS 53.34 AP 00195719 4/9/2003 BRODART BOOKS 44.52 AP 00195719 4/9/2003 BRODART BOOKS 150.25 AP 00195719 4/9/2003 BRODART BOOKS 148.98 AP 00195719 4/9/2003 BRODART BOOKS 313.99 AP - 00195719 4/9/2003 BRODART BOOKS 16.55 AP - 00195719 4/9/2003 BRODART BOOKS 25.13 AP - 00195719 4/9/2003 BRODART BOOKS 33.95 AP - 00195719 4/9/2003 BRODART BOOKS 42.33 AP - 00195719 4/9/2003 BRODART BOOKS 28.28 AP - 00195719 4/9/2003 BRODART BOOKS 53.63 AP - 00195719 4/9/2003 BRODART BOOKS 91.32 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 11.53 AP - 00195719 4/9/2003 BRODART BOOKS 32.06 AP ~ 00195719 4/9/2003 BRODART BOOKS 25.21 AP - 00195719 4/9/2003 BRODART BOOKS 28.12 AP - 00195719 4/9/2003 BRODART BOOKS 61.03 AP - 00195719 4/9/2003 BRODART BOOKS 136.52 AP - 00195719 4/9/2003 BRODART BOOKS 14.75 AP - 00195719 4/9/2003 BRODART BOOKS 24.23 AP - 00195719 4/9/2003 BRODART BOOKS 101.00 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 18.75 AP - 00195719 4/9/2003 BRODART BOOKS 9.37 AP - 00195719 4/9/2003 BRODART BOOKS 68.80 AP - 00195719 4/9/2003 BRODART BOOKS 99.45 AP - 00195719 4/9/2003 BRODART BOOKS 55.12 User: ahunsber - Ann Hunsberger Page: 35 Current Date: 04/09/20C Report:CK_AGENDA_REG~PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195719 4/9/2003 BRODART BOOKS 6.84 AP - 00195719 4/9/2003 BRODART BOOKS 94.77 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 32.80 AP - 00195719 4/9/2003 BRODART BOOKS 6.84 AP - 00195719 4/9/2003 BRODART BOOKS 67.40 AP - 00195719 4/9/2003 BRODART BOOKS 149.34 AP - 00195719 4/9/2003 BRODART BOOKS 48.00 AP - 00195719 4/9/2003 BRODART BOOKS 45.38 AP - 00195719 4/9/2003 BRODART BOOKS 4.80 AP - 00195719 4/9/2003 BRODART BOOKS 44.57 AP ~ 00195719 4/9/2003 BRODART BOOKS 21.34 AP - 00195719 4/9/2003 BRODART BOOKS 53.12 AP - 00195719 4/9/2003 BRODART BOOKS 29.89 AP - 00195719 4/9/2003 BP, ODART BOOKS 30.06 AP - 00195719 4/9/2003 BRODART BOOKS 13.58 AP - 00195719 4/9/2003 BRODART BOOKS 14.55 AP - 00195719 4/9/2003 BRODART BOOKS 15.93 AP - 00195719 4/9/2003 BRODART BOOKS 43.21 AP ~ 00195719 4/9/2003 BRODART BOOKS 18.39 AP - 00195719 4/9/2003 BRODART BOOKS 25.16 AP - 00195719 4/9/2003 BRODART BOOKS 23.24 AP - 00195719 4/9/2003 BRODART BOOKS 15.32 AP - 00195719 4/9/2003 BRODART BOOKS 58.45 AP - 00195719 4/9/2003 BRODART BOOKS 31.88 AP - 00195719 4/9/2003 BRODART BOOKS 31.88 AP - 00195719 4/9/2003 BRODART BOOKS 296.77 AP - 00195719 4/9/2003 BRODART BOOKS 28.80 AP - 00195719 4/9/2003 BRODART BOOKS 28.08 AP - 00195719 4/9/2003 BRODART BOOKS 46.38 AP - 00195719 4/9/2003 BRODART BOOKS 90.65 AP - 00195719 4/9/2003 BRODART BOOKS 33.95 AP 00195719 4/9/2003 BRODART BOOKS 375.63 AP 00195719 4/9/2003 BRODART BOOKS 14.75 AP 00195719 4/9/2003 BRODART BOOKS 66.43 AP 00195719 4/9/2003 BRODART BOOKS 12.57 AP 00195719 4/9/2003 BRODART BOOKS 61.01 AP 00195719 4/9/2003 BRODART BOOKS 15.35 AP 00195719 4/9/2003 BRODART BOOKS 66.27 AP 00195719 4/9/2003 BRODART BOOKS 94.08 AP 00195719 4/9/2003 BRODART BOOKS 87.55 AP 00195719 4/9/2003 BRODART BOOKS 19.40 AP - 00195719 4/9/2003 BRODART BOOKS 14.50 AP - 00195719 4/9/2003 BRODART BOOKS 21.30 AP - 00195719 4/9/2003 BRODART BOOKS 41.61 AP - 00195719 4/9/2003 BRODART BOOKS 19.35 AP - 00195719 4/9/2003 BRODART BOOKS 31.01 AP - 00195719 4/9/2003 BRODART BOOKS 19.35 AP - 00195719 4/9/2003 BRODART BOOKS 42.59 AP - 00195719 4/9/2003 BRODART BOOKS 19.35 AP - 00195719 4/9/2003 BRODART BOOKS 30.03 AP - 00195719 4/9/2003 BRODART BOOKS 31.88 AP - 00195719 4/9/2003 BRODART BOOKS 9.18 User: ahunsber - Ann Hunsberger Page: 36 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount. AP - 00195719 4/9/2003 BRODART BOOKS 17.41 AP - 00195719 4/9/2003 BRODART BOOKS 159.51 AP - 00195719 4/9/2003 BRODART BOOKS 38.71 AP - 00195719 4/9/2003 BRODART BOOKS 20.45 AP - 00195719 4/9/2003 BRODART BOOKS 107.56 AP 00195719 4/9/2003 BRODART BOOKS 16.82 AP 00195719 4/9/2003 BRODART BOOKS 5.81 AP 00195719 4/9/2003 BRODART BOOKS 185.92 AP 00195719 4/9/2003 BRODART BOOKS 9.65 AP 00195719 4/9/2003 BRODART BOOKS 29.10 AP 00195719 4/9/2003 BRODART BOOKS 42.92 AP - 00195719 4/9/2003 BRODART BOOKS 15.47 AP - 00195719 4/9/2003 BRODART BOOKS 7.27 AP - 00195719 4/9/2003 BRODART BOOKS 218.01 AP - 00195719 4/9/2003 BRODART BOOKS 15.93 AP - 00195719 4/9/2003 BRODART BOOKS 19.35 AP - 00195719 4/9/2003 BRODART BOOKS 38.71 AP - 00195719 4/9/2003 BRODART BOOKS 17.20 AP - 00195719 4/9/2003 BRODART BOOKS 16.44 AP - 00195719 4/9/2003 BRODART BOOKS 22.26 AP - 00195719 4/9/2003 BRODART BOOKS 46.34 AP - 00195719 4/9/2003 BRODART BOOKS 905.34 AP - 00195719 4/9/2003 BRODART BOOKS 490.82 AP - 00195719 4/9/2003 BRODART BOOKS 161.54 AP - 00195719 4/9/2003 BRODART BOOKS 566.83 AP 00195719 4/9/2003 BRODART BOOKS 44.72 AP 00195719 4/9/2003 BRODART BOOKS 52.90 AP 00195719 4/9/2003 BRODART BOOKS 41.37 AP 00195719 4/9/2003 BRODART BOOKS 14.56 AP 00195719 4/9/2003 BRODART BOOKS 45.99 AP 00195719 4/9/2003 BRODART BOOKS 51.69 AP 00195719 4/9/2003 BRODART BOOKS 188.37 AP 00195719 4/9/2003 BRODART BOOKS 362.62 AP 00195719 4/9/2003 BRODART BOOKS 870.83 AP 00195719 4/9/2003 BRODART BOOKS 14.53 AP 00195719 4/9/2003 BRODART BOOKS 14.50 AP 00195719 4~9~2003 BRODART BOOKS 28.36 AP 00195719 4/9/2003 BRODART BOOKS 28.42 AP 00195719 4/9/2003 BRODART BOOKS 2.57 AP ~ 00195719 4/9/2003 BRODART BOOKS 34.40 AP - 00195719 4/9/2003 BRODART BOOKS 17.20 AP - 00195719 4/9/2003 BRODART BOOKS 6.74 AP - 00195719 4/9/2003 BRODART BOOKS 17.20 AP - 00195719 4/9/2003 BRODART BOOKS 7.72 AP - 00195719 4/9/2003 BRODART BOOKS 60.06 AP - 00195719 4/9/2003 BRODART BOOKS 135.99 AP - 00195719 4/9/2003 BRODART BOOKS 46.05 AP - 00195719 4/9/2003 BRODART BOOKS 18.10 AP - 00195719 4/9/2003 BRODART BOOKS 14.55 AP - 00195719 4/9/2003 BRODART BOOKS 73.74 AP - 00195719 4/9/2003 BRODART BOOKS 175.43 AP - 00195719 4/9/2003 BRODART BOOKS 131.22 AP - 00195719 4/9/2003 BRODART BOOKS 301.23 User: ahunsber - Ann Hunsberger Page: 37 Current Date: 04/09/2012 Report:CK_AGENDA_REG_PORTRAIT_RC ~ CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 64.49 AP - 00195719 4/9/2003 BRODART BOOKS 20.90 AP - 00195719 4/9/2003 BRODART BOOKS 6.84 AP - 00195719 4/9/2003 BRODART BOOKS 9.37 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 6.84 AP - 00195719 4/9/2003 BRODART BOOKS 9.37 AP - 00195719 4/9/2003 BRODART BOOKS 17.78 AP - 00195719 4/9/2003 BRODART BOOKS 75.52 AP - 00195719 4/9/2003 BRODART BOOKS 13.54 AP - 00195719 4/9/2003 BRODART BOOKS 95.70 AP - 00195719 4/9/2003 BRODART BOOKS 10.32 AP - 00195719 4/9/2003 BRODART BOOKS 9.65 AP - 00195719 4/9/2003 BRODART BOOKS 32.48 AP - 00195719 4/9/2003 BRODART BOOKS 100.01 AP - 00195719 4/9/2003 BRODART BOOKS 193.44 AP - 00195719 4/9/2003 BRODART BOOKS 14.50 AP - 00195719 4/9/2003 BRODART BOOKS 98.09 AP - 00195719 4/9/2003 BRODART BOOKS 21.30 AP - 00195719 4/9/2003 BRODART BOOKS 27.75 AP - 00195719 4/9/2003 BRODART BOOKS 17.20 AP - 00195719 4/9/2003 BRODART BOOKS 24.25 AP - 00195719 4/9/2003 BRODART BOOKS 27.61 AP - 00195719 4/9/2003 BRODART BOOKS 29.08 AP - 00195719 4/9/2003 BRODART BOOKS 16.44 AP - 00195719 4/9/2003 BRODART BOOKS 14.13 AP - 00195719 4/9/2003 BRODART BOOKS 13.48 AP - 00195719 4/9/2003 BRODART BOOKS 124.24 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 20.53 AP - 00195719 4/9/2003 BRODART BOOKS 6.84 AP - 00195719 4/9/2003 BRODART BOOKS 9.37 AP - 00195719 4/9/2003 BRODART BOOKS 18.75 AP - 00195719 4/9/2003 BRODART BOOKS 75.00 AP - 00195719 4/9/2003 BRODART BOOKS 145.30 AP - 00195719 4/9/2003 BRODART BOOKS 332.78 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 4.68 AP - 00195719 4/9/2003 BRODART BOOKS 9.37 AP - 00195719 4/9/2003 BRODART BOOKS 9.37 AP - 00195719 4/9/2003 BRODART BOOKS 6.43 AP - 00195719 4/9/2003 BRODART BOOKS 16.58 AP - 00195719 4/9/2003 BRODART BOOKS 15.90 AP - 00195719 4/9/2003 BRODART BOOKS 19.38 AP - 00195719 4/9/2003 BRODART BOOKS 15.32 AP - 00195719 4/9/2003 BRODART BOOKS 91.00 AP - 00195719 4/9/2003 BRODART BOOKS 15.32 AP - 00195719 4/9/2003 BRODART BOOKS 26.34 AP - 00195719 4/9/2003 BRODART BOOKS 308.00 AP - 00195719 4/9/2003 BRODART BOOKS 33.95 AP - 00195719 4/9/2003 BRODART BOOKS 164.07 AP - 00195719 4/9/2003 BRODART BOOKS 96.35 User: ahunsber - Ann Hunsberger Page: 38 Current Date: 04/09/20G Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195719 4/9/2003 BRODART BOOKS 11.64 AP - 00195719 4/9/2003 BRODART BOOKS 48.42 AP - 00195719 4/9/2003 BRODART BOOKS 15.32 AP 00195719 4/9/2003 BRODART BOOKS 14.71 AP 00195719 4/9/2003 BRODART BOOKS 17.78 AP 00195719 4/9/2003 BRODART BOOKS 12.07 AP 00195719 4/9/2003 BRODART BOOKS 28.19 AP 00195725 4/9/2003 CALIFORNIA FENCE AND SUPPLY 1,590.53 AP 00195726 4/9/2003 CAPEN, MIKE 85.00 AP 00195727 4/9/2003 CARR, MYRON 74.00 AP 00195728 4/9/2003 CENTRAL DIVISION 359.72 AP - 00195729 4/9/2003 CHRISP COMPANY 15.00 AP - 00195730 4/9/2003 CHRISTENSON CO. 5,000.00 AP - 00195731 4/9/2003 CISNEROS, JOSE 190.00 AP - 00195732 4/9/2003 CLERK OF TI-[E BOARD 35.00 AP - 00195733 4/9/2003 COLDWELL BANKER 698.26 AP - 00195734 4/9/2003 CONCANNON, SHARI 149.50 AP - 00195735 4/9/2003 CONSOLIDATED ELECTRICAL DISTRIBUTORS 1 174.10 AP - 00195735 4/9/2003 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 18.32 AP - 00195735 4/9/2003 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 180.99 AP - 00195736 4/9/2003 COPP CRUSHING CORP, DAN 40.00 AP - 00195737 4/9/2003 COURT TRUSTEE 200.00 AP - 00195737 4/9/2003 COURT TRUSTEE 118.50 AP - 00195738 4/9/2003 CPRS DISTRICT XI 160.00 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 253.01 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 55.20 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 34.35 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 25.97 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 24.05 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 72.11 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 160.02 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 225.94 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 122.94 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 980.34 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 99.92 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 173.05 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 266.27 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 99.92 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 166.20 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 361.90 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 73.60 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 103.01 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 185.41 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 75.20 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 143.54 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 145.60 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 105.43 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 89.62 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 69.02 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 115.73 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 94.77 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 75.20 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 117.79 User: ahunsber - Ann Hunsberger Page: 39 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Ti~,~ 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 535.23 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST I48.00 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 70.05 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 147.66 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 67.51 AP - 00195740 4/9/2003 CUCAMONGA CO WATER DIST 43.48 AP 00195740 4/9/2003 CUCAMONGA CO WATER DIST 104.74 AP 00195741 4/9/2003 D AND B VISIONS 500.00 AP 00195742 4/9/2003 D AND K CONCRETE COMPANY 624.95 AP 00195742 4/9/2003 D AND K CONCRETE COMPANY 285.54 AP 00195743 4/9/2003 DAPPER TIRE CO 2,376.88 AP 00195743 4/9/2003 DAPPER TIRE CO 105.25 AP 00195743 4/9/2003 DAPPER TIRE CO 210.49 AP 00195743 4/9/2003 DAPPER TIRE CO 76.95 AP 00195744 4/9/2003 DAWSON, MICItELLE 21.53 AP 00195744 4/9/2003 DAWSON, MICHELLE 9.00 AP 00195744 4/9/2003 DAWSON, MICHELLE 20.00 AP 00195744 4/9/2003 DAWSON, MICHELLE 34.23 AP 00195744 4/9/2003 DAWSON, MICHELLE 9.14 AP 00195744 4/9/2003 DAWSON, MICHELLE 37.00 AP 00195745 4/9/2003 DELTA MICROIMAGING INC 641.08 AP 00195746 4/9/2003 DEPARTMENT OF CONSERVATION 17,213.86 AP 00195747 ~ 4/9/2003 DURAN, GERRIE 22.50 AP 00195750 4/9/2003 EMPIRE COMPUTER SOLUTIONS 19,459.65 AP 00195751 4/9/2003 EMPIRE MOBILE HOME SERVICE 3,259.10 AP 00195752 4/9/2003 EVANS SPORTING GOODS 16.45 AP 00195752 4/9/2003 EVANS SPORTING GOODS 248.69 AP 00195752 4/9/2003 EVANS SPORTING GOODS 493.07 AP 00195753 4/9/2003 EWING IRRIGATION PRODUCTS 208.93 AP 00195753 4/9/2003 EWING IRRIGATION PRODUCTS 225.70 AP - 00195753 4/9/2003 EWING IRRIGATION PRODUCTS 403.73 AP - 00195753 4/9/2003 EWING IRRIGATION PRODUCTS 243.22 AP - 00195753 4/9/2003 EW1NG IRRIGATION PRODUCTS 28.26 AP - 00195754 4/9/2003 EXPERIAN 50.00 AP - 00195754 4/9/2003 EXPERIAN 50.00 AP - 00195754 4/9/2003 EXPERIAN 50.00 AP - 00195755 4/9/2003 FEDERAL EXPRESS CORP 18.39 AP - 00195755 4/9/2003 FEDERAL EXPRESS CORP 29.77 AP - 00195756 4/9/2003 FERNANDEZ, RANDY 52.00 AP - 00195757 4/9/2003 FILARSKY AND WATT 7,839.06 AP - 00195758 4/9/2003 FINESSE PERSONNEL ASSOCIATES 692.75 AP ~ 00195758 4/9/2003 FINESSE PERSONNEL ASSOCIATES 736.00 AP - 00195758 4/9/2003 FINESSE PERSONNEL ASSOCIATES 736.00 AP - 00195758 4/9/2003 FINESSE PERSONNEL ASSOCIATES 726.80 AP - 00195758 4/9/2003 FINESSE PERSONNEL ASSOCIATES 742.50 AP - 00195758 4/9/2003 FINESSE PERSONNEL ASSOCIATES 603.90 AP - 00195759 4/9/2003 FIRST PLACE TROPHIES 358.27 AP - 00195761 4/9/2003 FUKUSHIMA, JUDITH 2,i45.00 AP - 00195762 4/9/2003 FUTURE COMPUTING SOLUTIONS INC 1,927~65 AP - 00195766 4/9/2003 GRAINGER, VV~/ 395.96 AP - 00~95766 4/9/2003 GRAINGER, W~vV 71.95 AP - 00195767 4/9/2003 H AND L CHARTER CO. 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00195798 4/9/2003 LEEDS, HELEN 585.74 AP - 00195799 4/9/2003 LEFF, ROY A 105.00 AP - 00195801 4/9/2003 LINDENSMITH, JUNE 50.00 AP - 00195803 4/9/2003 LONG BEACH UNIFORM CO INC 376.91 AP ~ 00195804 4/9/2003 LONG, ADAM 155.00 AP - 00195805 4/9/2003 LOWER, DARLENE 251.00 AP - 00195807 4/9/2003 MARSHALL PLUMBING 500.00 User: ahunsber - Ann Hunsberger Page: 41 Current Date: 04/09/2012 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195807 4/9/2003 MARSHALL PLUMBING 394.08 AP - 00195808 4/9/2003 MASSACHUSETTS DEPARTMENT OF REVENUE 149.10 AP - 00195809 4/9/2003 MCMASTER CARR SUPPLY COMPANY 176.67 AP - 00195811 4/9/2003 MELENDEZ, MANDEE 24.00 AP - 00195812 4/9/2003 MEYER, BILL 175.00 AP - 00195813 4/9/2003 MEYER, DAIM 200.00 AP - 00195814 4/9/2003 MILLER CONSTRUCTION CO, PAUL C 1,000.00 AP - 00195815 4/9/2003 MIRELEZ, ENRIQUE 104.00 AP - 00195816 4/9/2003 MMASC 50.00 AP - 00195817 4/9/2003 MMASC 30.00 AP - 00195818 4/9/2003 MOBILE MINI INC 61.50 AP - 00195818 4/9/2003 MOBILE MINI INC 69.96 AP - 00195819 4/9/2003 MOTOROLA COMMUN AND ELEC INC 414.30 AP - 00195820 4/9/2003 MOUNTAIN VIEW GLASS AND MIRROR 775.94 AP - 00195821 4/9/2003 N M A DUES C/O NAOMI ROBERTS 13.85 AP - 00195822 4/9/2003 NATIONAL CONSTRUCTION RENTALS INC 128.45 AP - 00195822 4/9/2003 NATIONAL CONSTRUCTION RENTALS INC 128.45 AP - 00195822 4/9/2003 NATIONAL CONSTRUCTION RENTALS INC 25.00 AP - 00195823 4/9/2003 NATIONAL DEFERRED 26,041.23 AP - 00195824 4/9/2003 NATIONS RENT 16.17 AP - 00195824 4/9/2003 NATIONS RENT 64.65 AP - 00195824 4/9/2003 NATIONS RENT 51.18 AP - 00195824 4/9/2003 NATIONS RENT 67.34 AP - 00195825 4/9/2003 NEC BUSINESS NETWORK SOLUTIONS INC 400.00 AP - 00195826 4/9/2003 NEWPORT PRINTING SYSTEMS 46.28 AP - 00195826 4/9/2003 NEWPORT PRINTING SYSTEMS 46.28 AP - 00195827 4/9/2003 NIKPOUR, MOHAMMED 105.00 AP - 00195828 4/9/2003 NIKPOUR, SHIRIN 70.00 AP - 00195829 4/9/2003 NJUGUNA, SAMMY 105.00 AP - 00195830 4/9/2003 OFFICE DEPOT 25.30 AP - 00195830 4/9/2003 OFFICE DEPOT 485.30 AP - 00195830 4/9/2003 OFFICE DEPOT 323.53 AP - 00195830 4/9/2003 OFFICE DEPOT 157.16 AP - 00195830 4/912003 OFFICE DEPOT 31.67 AP - 00195830 4/9/2003 OFFICE DEPOT 137.53 AP - 00195830 4/9/2003 OFFICE DEPOT 156.77 AP - 00195830 4/9/2003 OFFICE DEPOT 251.49 AP - 00195830 4/9/2003 OFFICE DEPOT 19.86 AP - 00195830 4/9/2003 OFFICE DEPOT 98.48 AP - 00195830 4/9/2003 OFFICE DEPOT -184.21 AP - 00195830 4/9/2003 OFFICE DEPOT 26.39 AP - 00195830 4/9/2003 OFFICE DEPOT 7.82 AP - 00195830 4/9/2003 OFFICE DEPOT 7.28 AP - 00195830 4/9/2003 OFFICE DEPOT 6.80 AP - 00195830 4/9/2003 OFFICE DEPOT 120.88 AP - 00195830 4/9/2003 OFFICE DEPOT 132.69 AP - 00195830 4/9/2003 OFFICE DEPOT 86.18 AP - 00195830 4/9/2003 OFFICE DEPOT 66.71 AP - 00195830 4/9/2003 OFFICE DEPOT 1.59 AP - 00195830 4/9/2003 OFFICE DEPOT 160.85 AP - 00195830 4/9/2003 OFFICE DEPOT 150.31 AP ~ 00195830 4/9/2003 OFFICE DEPOT 124.48 AP - 00195831 4/9/2003 OHIO CHILD SUPPORT PAYMENT CENTRAL 77.35 User: ahunsber - Ann Hunsberger Page: 42 Current Date: 04/09/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 q2 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195832 4/9/2003 ON TRACK 129.34 AP - 00195833 4/9/2003 ORKIN PEST CONTROL 549.00 AP - 00195833 4/9/2003 ORKIN PEST CONTROL 260.00 AP - 00195834 4/9/2003 OWEN ELECTRIC 175.58 AP 00195835 4/9/2003 P A P A 110.00 AP 00195836 4/9/2003 PACI]ZIC PLUMBING SPECIALTIES 2,012.77 AP 00195837 4/9/2003 PAR ELECTRICAL CONTRACTORS INC 1,000.00 AP 00195838 4/9/2003 PASMA, NORA 20.00 AP 00195839 4/9/2003 PERRY, WILLIAM ROOFING 2,700.00 AP 00195841 4/9/2003 PRAXAIR DISTRIBUTION INC 253.00 AP 00195842 4/9/2003 PRE-PAID LEGAL SERVICES INC 156.63 AP - 00195843 4/9/2003 PRITCHER, PATTY 200.00 AP - 00195844 4/9/2003 QUINTANA, ZITA 193.00 AP - 00195846 4/9/2003 RAILS TO TRAILS CONSERVANCY 25.00 AP - 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Ann Hunsberger Page: 43 Current Date: 04/09/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time.:, 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 90.17 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 53.91 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 44.84 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 14.63 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.23 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.23 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 25.00 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 98.14 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 121.49 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 140.49 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 107.76 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 112.45 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 99.78 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 116.20 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 136.97 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 49.85 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 194.14 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 1,496.71 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 52.23 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 40.17 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.04 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 25.04 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.80 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTI~RN CALIFORNIA EDISON 13.32 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 141.33 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 14.69 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 25.29 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 14.37 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 17.41 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 118.66 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.48 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.21 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 22.35 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 179.34 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 14.07 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 204.08 User: ahunsber - Ann Hunsberger Page: 44 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195874 4/912003 SOUTHERN CALIFORNIA EDISON 56.03 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 191.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 179.68 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 172.81 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 128.76 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 116.79 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 4,840.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 27,637.38 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 778.55 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 16,890.31 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 415.16 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 182.89 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 182.83 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 168.88 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 137.33 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 16.52 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON i84.12 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 132.75 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 143.54 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 142.84 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 136.14 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 90.52 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 142.73 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 83.13 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 155.09 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 32.23 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 85.97 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 14.02 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 31.67 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 12.67 AP - 00195874 4/9/2003 SOUTHERN CALIFORNIA EDISON 13.39 AP - 00195875 4/9/2003 SPAIN JR, WILLIAM V 87.50 AP - 00195876 4/9/2003 SPEEDO ELECTRIC CO 445.00 AP - 00195877 4/9/2003 SPORT CHALET TEAM DIVISION 5,306.47 AP - 00195878 4/9/2003 SPORT SUPPLY GROUP INC 438.40 AP - 00195879 4/9/2003 STATE OF CALIFORNIA FRANCHISE TAX BOAR 71.37 AP - 00195880 4/9/2003 STATE OF CALIFORNIA FRANCHISE TAX BOAR 40.27 AP - 00195881 4/9/2003 STERICYCLE INC 490.00 AP - 00195882 4/9/2003 STETKEVICH, OREST 40.00 AP - 00195883 4/9/2003 STEVEN PARKER 500.00 AP - 00195884 4/9/2003 STEVES TOWING 90.00 AP - 00195885 4/9/2003 STOFA, JOSEPH 20.00 AP - 00195886 4/9/2003 STOVER SEED COMPANY 409.45 AP q 00195887 4/9/2003 SURFCONTROL INC 6,407.50 AP - 00195887 4/9/2003 SURFCONTROL INC 132.07 AP - 00195889 4/9/2003 TARGET SPECIALTY PRODUCTS 6,440.00 AP - 00195889 4/9/2003 TARGET SPECIALTY PRODUCTS 2,367.92 AP - 00195890 4/9/2003 TARGET 27.04 AP - 00195891 4/9/2003 TARGET 331.04 User: ahunsber - Ann Hunsberger Page: 45 Current Date: 04/09/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195892 4/9/2003 TERMINIX INTERNATIONAL 200.00 AP - 00195892 4/9/2003 TERMINIX INTERNATIONAL 200.00 AP - 00195893 4/9/2003 TROLl, GARY 30.00 AP - 00195895 4/9/2003 UNION BANK OF CALIFORNIA 22,577.00 AP - 00195897 4/9/2003 UNITED HORTICULTURAL SUPPLY 2,275.62 AP - 00195898 4/9/2003 UNITED PARCEL SERVICE 24.04 AP - 00195898 4/9/2003 UNITED PARCEL SERVICE 28.44 AP - 00195899 4/9/2003 UNITED WAY 596.32 AP - 00195900 4/9/2003 URBAN CROSSROADS INC 600.00 AP - 00195900 4/9/2003 URBAN CROSSROADS INC 576.86 AP - 00195900 4/9/2003 URBAN CROSSROADS INC 70.00 AP - 00195900 4/9/2003 URBAN CROSSROADS INC 530.00 AP - 00195902 4/9/2003 US GUARDS CO INC 5,344.63 AP - 00195902 4/9/2003 US GUARDS CO INC 1,426.00 AP - 00195902 4/9/2003 US GUARDS CO INC 5,744.26 AP - 00195902 4/9/2003 US GUARDS CO 1NC 2,070.00 AP - 00195907 4/9/2003 VERIZON 16.33 AP - 00195907 4/9/2003 VERIZON 16.33 AP - 00195907 4/9/2003 VERIZON 16.33 AP - 00195907 4/9/2003 VERIZON 16.73 AP - 00195907 4/9/2003 VERIZON 57.83 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERiZON 88.80 AP - 00195907 4/9/2003 VERJZON 88.80 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 1,255.28 AP - 00195907 4/9/2003 VERIZON 461.87 AP - 00195907 4/9/2003 VERIZON 461.87 AP - 00195907 4/9/2003 VERIZON 178.31 AP - 00195907 4/9/2003 VERIZON 393.36 AP - 00195907 4/9/2003 VERIZON 16.33 AP - 00195907 4/9/2003 VERIZON 16.33 AP - 00195907 4/9/2003 VERIZON 16.33 AP - 00195907 4/9/2003 VERIZON 28.55 AP - 00195907 4/9/2003 VERIZON 19.22 AP - 00195907 4/9/2003 VERIZON 90.19 AP - 00195907 4/9/2003 VERIZON 88.80 AP - 00195907 4/9/2003 VERIZON 28.55 AP - 00195907 4/9/2003 VERIZON 28.55 AP - 00195907 4/9/2003 VERIZON 28.55 AP - 00195907 4/9/2003 VERIZON 73.73 AP - 00195907 4/9/2003 VERIZON 30.43 AP - 00195907 4/9/2003 VERIZON 26.93 AP - 00195907 4/9/2003 VERIZON 58.43 AP - 00195907 4/9/2003 VERIZON 138.68 AP - 00195907 4/9/2003 VERIZON 376.43 AP - 00195907 4/9/2003 VERIZON 28.55 AP - 00195907 4/9/2003 VERIZON 312.94 User: ahunsber - Ann Hunsberger Page: 46 Current Date: 04/09/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Timq: ,, 15:17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/26/2003 through 4/9/2003 Check No. Check Date Vendor Name Amount AP - 00195907 4/9/2003 VERIZON 90.21 AP - 00195907 4/9/2003 VERIZON 27.58 AP - 00195907 4/9/2003 VERIZON 25.07 AP - 00195907 4/9/2003 VERIZON 57.06 AP - 00195907 4/9/2003 VERIZON 27.58 AP - 00195908 4/9/2003 VIGILANCE, TERRENCE 600.00 AP - 00195908 4/9/2003 VIGILANCE, TERRENCE 600.00 AP - 00195909 4/9/2003 VOLM, LIZA 112.50 AP - 00195910 4/9/2003 WALTERS WHOLESALE ELECTRIC CO 166.55 AP - 00195911 4/9/2003 WALTON, MARIAN R 52.00 AP - 00195912 4/9/2003 WAXIE 689.98 AP - 00195912 4/9/2003 WAXIE 251.65 AP - 00195912 4/9/2003 WAXIE 145.04 AP - 00195912 4/9/2003 WAXIE 34.48 AP - 00195914 4/9/2003 WHITE, LARRY 40.00 AP - 00195915 4/9/2003 WHITSON, CLINTON R 200.00 AP - 00195917 4/9/2003 WORLD BOOK SCHOOL AND LIBRARY 1,829.60 AP - 00195918 4/9/2003 WORLDCOM 642.28 AP - 00195919 4/9/2003 XEROX CORPORATION 72.89 AP - 00195920 4/9/2003 YEAGER CONSTRUCTION COMPANY INC, E L 203,193.00 AP - 00195921 4/9/2003 YEE, LARRY 64.00 AP - 00195922 4/9/2003 ZWISSLER, JAMES 60.00 Total for Check ID AP: 4,256,270.29 Total for Entity: 4,256,270.29 User: ahunsber - Ann Hunsberger Page: 47 Current Date: 04/09/2012 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:17:5 q7 City of Rancho Cucamonga City of Rancho Cucamonga Portfolio Management Portfolio Summary March 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 23,175,925.37 23,175,925.37 23,175,925.37 15.49 I I 1.918 1.945 Certiticates of DeposiVNeg.-Bank 1,515,000.00 1,519,052.17 1,515,000.00 1.01 365 148 1.720 1.744 Commercial Paper - Discount 8,000,000.00 8,000,000.00 7,997,480.00 5.34 9 2 1.260 1.278 Federal Agency Issues - Coupon 117,000,000.00 118,0.55,249.40 116,968,011.25 78.16 1,510 1,221 3.961 4.016 Investments 149,690,925.37 150,750,226.94 149,656,416.62 100.00% 1,184 956 3.477 3.526 Cash and Accrued Interest Passbook/Checking 218,976,48 218,976,48 218,976.48 1 I 0.493 0.500 (not included in y~eld calculations) Accrued interest at Purchase 1,805.56 1,805.56 Subtotal 220,782.04 220,78204 Total Cash and Investments 149,909,901.85 150,971,008.98 149,877,198.66 1,184 966 3.477 3.526 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year 427,899.49 4,316,341.27 Average Dally Balance 152,262,037.97 150,359,893.84 Effective Rate of Return 3.31% 3.82% I certify that this report accurately reflects all City pooled investments and is in ccmformity with the investment policy adopted March 5, 2003. 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 Ja~yFm~ Portfolio CITY CP Run Date: 04/08/2003 - 12:38 PM (PRF_PM1) SymRept V6.21 City of Rancho Cucamonga Portfolio Management Page 2 Portfolio Details - Investments March 31, 2003 Local Agency Investment Funds Certificates of Deposit/Neg. - Bank Federal Agency Issues - Coupon CP City of Rancho Cucamonga Portfolio Management Page 3 Portfolio Details - Investments March 31, 2003 Average Purchase Stated YTM Days to Maturity Federal Agency Issue~ - Coupon Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Portfolio Details - Cash March 31, 2003 Savings/Miscellaneous Accounts Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Page 5 Activity By Type March 1,2003 through March 31, 2003 Beginning Stated Transaction Purchases Redemptions Ending Local Agency Investment Funds (Monthly Summary) Savings/Miscellaneous Accounts (Monthly Summary) Certificates of Depcalt~. - Bank Portfolio CITY CP City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended February 28, 2003 Trustee and/or Purchase Maturity Cost Bond Issue Pavincl Aclent Account Name Investment Date Date Yield Value Assessment District No 93-1 US Bank Imp~vmnt Fund First American Treasury Obligation 8/4/1997 N/A* 0.79% $ 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* 0.79% 242,520.00 Reserve Fund Cash N/A N/A N/A Redemp. Fund First American Treasury Obligation 8/4/1997 N/A 0.79% 82,745.00 Redemp. Fund Cash N/A N/A N/A $ 582,576.78 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 Fimt American Treasury Obligation 7/1/1999 N/A* 0.79% 583,565.19 Cash N/A N/A N/A Sr. Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 0.79% 1,096,297.92 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% 9.33 Cash N/A N/A N/A Residual Fund First American Treasury Obligation 1/16/2001 N/A* 0.79% 126,750.77 Cash N/A N/A N/A $ 1,806,623.25 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $ 2,389,200.03 * Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand. i:lfinancelCash with Fiscal Agents.xls 3/12/2003 3:34 PM R A N C H O C U C A M O N G A E NGINEEI~IN C DEPAI~T~IEN T $ ReIx DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer ~1.~ SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VIVERO STREET TO 19TM STREET, TO BE FUNDED FROM ACCOUNT NO. 11123035650/1450112-0 AND 11763035650/1296176-0 RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications for the Carnelian Street Storm Drain and Street Rehabilitation Improvements from Vivero Street to 19th Street, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS: The storm drain improvements will extend the entire length of the project connecting the recently installed portion under the Route 210/30 Freeway, which outlets just south of 19~h Street, to an existing City drain south of Vivero Street, which outlets into Cucamonga Creek Channel. The drain will provide additional outlet capacity for the freeway drain and will remove most of the surface flows along Carnelian Street enhancing traffic flow during storms and help preserve the life of the pavement. SANBAG, who funded the freeway and related storm drain, has agreed to provide a loan to the City for the construction of the storm drain portion of the project. The entire length of the street will be repaved with the project. Staff has determined that the project is categorically exempt per Article19, Section 15301(c) of the CEQA guidelines. The project plans and specifications were completed in collaboration with a consultant and City staff and approved by the City Engineer. The Engineer's estimate is $3,700,000, CITY COUNCIL STAFF REPORT CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS April 16, 2003 Page 2 including a 10% contingency, plus an additional estimate of $50,000 for construction survey, $20,000 for soils and material testing, and $1,000 for printing services. Legal advertising is scheduled for April 22 and April 29, 2003, with a bid opening at 2:00 p.m. on Tuesday, May 13, 2003, unless extended by Addenda. submitted, City Engineer WJO:JAD Attachments: Vicinity Map and Resolution 24TH ST PROJECT LOCATION UMITS: VIVERO STREET TO lOTH STREET CITY OF RANCHO CUCAMONGA CARI~-TA~ b-x'~,~'f STORM D~tTN VICINITY M~ RESOLUTION NO. ~..~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VIVERO STREET TO 19TM STREET" 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 "CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VlVERO STREET TO 19TM STREET". · BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San 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, May 13, 2003, sealed bids or proposals for the "CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VlVERO STREET TO 19TM STREET" 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 the CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VIVERO STREET TO 19TM STREET". RESOLUTION NO. April 16, 2003 Page 2 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 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 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 previsions 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 lhe 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 RESOLUTION NO. April 16, 2003 Page 3 D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are 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 Iow bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. RESOLUTION NO. April 16, 2003 Page 4 The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder's Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to b'e performed under this contract; Including but not limited to .a Class "A" License (General Engineering Contractor) sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. Copies of the plans and specifications, available at the office of the City Engineer, Engineering Counter, 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 satisfactory 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 RESOLUTION NO. April 16, 2003 Page 5 sole cost and expense, substitute authorized securities an lieu of monies withheld (performance retention). The City of Rancho Cucamonga reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VIVERO STREET TO 19TM STREET" may be directed to: Jerry A. Dyer, Associate Engineer at (909) 477- 2740, ext. 4037. By order of the Council of the City of Rancho Cucamonga, California. Dated this 16th day of April, 2003 Publish Dates: April 22 and April 29, 2003 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 16th day of April, 2003. William J. Alexander, Mayor A'I-rEST: 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 16th day of April, 2003. Executed this 16th day of April, 2003, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: April 22 and April 29, 2003 R A N C H O C U C A M O N G a E ~GINE gl~IN C D EPAI~T~IENT Staff Report DATE: April 16, 2003 TO:, Mayor and Members of City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Lucinda E. Hackett, Associate Engine~ BY: SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT FROM VICTORIA STREET TO 700 FEET NORTH, TO BE FUNDED FROM ACCOUNT NO. 12343035650/1418234 '(SAFE ROUTE TO SCHOOL PROGRAM) AND ACCOUNT NO. 11763035650/1418176 (MEASURE 'T') RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the construction of Etiwanda Avenue - Bike Lane and Sidewalk Improvement from Victoria Street to 700 feet north and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND ! ANALYSIS: Etiwanda Avenue - Bike Lane and Sidewalk Improvement scope of work to be performed in general consists of, but not limited to, the construction of 750 I.f. of 8ft. wide Class I Bike Lane on the west side of Etiwanda Avenue and 300 I.f. of 5ft wide sidewalk on the east side of Etiwanda Avenue, removal and reconstruction of rock curb and gutters, installation of PCC drive approaches, re-landscaping, cold planning and placement of A.C. pavement, re- striping and pavement markings. The project is to be funded from Safe Route to School Program funds, Account No. 12343035650/1418234 and Measure 'T' funds, Account No. 11763035650/1418176. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. CiTY COUNCIL STAFF REPORT Etiwanda Avenue Bike Lane and Sidewalk Improvements April 16, 2003 Page 2 The Engineer's estimate for Etiwanda Avenue - Bike Lane and Sidewalk Improvement is $170,000. Legal advertising is scheduled for April 22, 2003 and May 6, 2003, with bid opening at 2:00 p.m. on Tuesday, May 13, 2003. aOmC~O.~olly submitted, City Engineer WJO:LEH:Ieh Attachments ET1WANDA AVENUE IM_PROVEMENTS (FROM VICTORIA STREET TO 700' NORTH) FO(~HILL BNSF z 6TH ST ...... 4~H ST, , -- CITY OF RANCHO CUCAMONGA VICINITY MAP ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT FROM VICTORIA STREET TO 700 FEET NORTH 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 "ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and . directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSAl R" 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, May 13, 2003, sealed bids or proposals for "ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT" 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 ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is RESOLUTION NO. April 16, 2003 Page 2 required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. 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. RESOLUTION NO. April 16, 2003 Page 3 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are 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 Iow 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 RESOLUTION NO. April 16, 2003 Page 4 payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. 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 "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the 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 satisfactory 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 Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. RESOLUTION NO. April 16, 2003 Page 5 Dated this 16th day of April, 2003. Publish Dates: April 22, 2003 and May 6, 2003. R A N C H O C U C A M O N GA I~ N G IN ~ EI~ 1 N G DE PAI~TM EN T Staff Report DATE: April 16, 2003 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: 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 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS, TO BE FUNDED FROM AB 2928 TRAFFIC CONGESTION RELIEF, ACCOUNT NUMBER 11823035650/1022182 AND MEASURE I, ACCOUNT NO. 11763035650/1022176 FOR CONSTRUCTION OF SAID PROJECT RECOMMENDATION: It is recommended that the City Council approve specifications for the construction of Local Street Pavement Rehabilitation - Slurry Seal of Various Streets and approve the Attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" to be funded from AB 2928 Traffic Congestion Relief Fund, Account No. 11823035650/1022182 construction of said project. BACKGROUND I ANALYSIS: The scope of work for Local Street Pavement Rehabilitation - Slurry Seal for various local streets consists of, but not limited to weed killing and removal, crack sealing, slurry sealing and striping. The project will be funded from AB 2928 Traffic Congestion Relief funds, Account No. 11823035650/1022182 and Measure I, Account No. 11763035650/1022170. An appropriation of additional funds for the project from the Measure I fund balance is requested; because it was determined during the project design that a larger project would allow for a more optimum grouping of streets within neighborhoods and be a more cost effective project. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. CITY COUNCIL STAFF REPORT Local Street Pavement Rehabilitation- Slurry Seal of Various Streets · April 16, 2003 Page 2 The Engineer's estimate is $260,000. Legal advertising is scheduled for May 6, 2003 and May 13, 2003, with bid opening at 2:00 p.m. on Tuesday May 20, 2003. Respectfully submitted, William J. O'~eil~ City Engineer WJO:LEH:Ieh Attachments .ESO,U IO ¢¢"7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "2003/2004 LOCAL STREET PAVEMENT REHABILITATION SLURRY SEAL OF' VARIOUS STREETS ". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San 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, May 20, 2003, sealed bids or proposals for "2003/2004 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS" 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 "2003/2004 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS". 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 RESOLUTION NO. April 16, 2003 Page 2 similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of Califomia 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: ^. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 pement 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 joumeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or RESOLUTION NO. April 16, 2003 Page 3 journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are 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 Iow 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 ?¢ RESOLUTION NO. April 16, 2003 Page 4 thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. 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 "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the 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 satisfactory 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 Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 16th day of April, 2003. RESOLUTION NO. April 16, 2003 Page 5 Publish Dates: May 6, 2003 and May 13, 2003. LOCATION MAP ~, ~l~~, , ~ , , ~ .... , , ~ ~ , , ~ .... ~ / ~ ~ ~ ~ ' ~ ' ~ , S~E~ FOR RE~. (S~R~ S~ ~E ~0 FY 2003/04 PAVEMENT REHABILITATION SLURRY SEAL PROGRAM ]~NGI N E E DIN G D E PAINT bi E N T S affReport DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE ~NOTICE INVITING BIDS~ FOR THE 19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKWAY EAST OF ARCHIBALD AVENUE TO HERMOSA AVENUE, TO BE FUNDED FROM ACCOUNT NO. 11103165650/1441110-0 RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications for the19~h Street Landscape Improvements along the south side parkway east of Archibald Avenue to Hermosa Avenue, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS: This project will install landscaping and irrigation in the parkway along the south side of 19~ Street from east of Archibald Avenue to Hermosa Avenue. The project construction will be funded from Beautification funds (Account No. 11103165650/1441110-0). Upon completion of the project, and acceptance by the City Council, the new landscaped area maintenance will be funded from the General Fund. Staff has determined that the project is categorically exempt per Article19, Section 15301(c) of the CEQA guidelines. The project plans and specifications were completed by staff and approved by the City Engineer. The Engineer's estimate is $178,000, including a 10% contingency, plus an additional estimate of $1,000 for construction survey, $1,000 for soils and material testing, and $300 for printing services. Legal advertising is scheduled for CITY COUNCIL STAFF REPORT 19m StreetLandscapelmprovements April16,2003 Page 2 April 22 and April 29, 2003, with a bid opening at 2:00 p.m. on Tuesday, May 13, 2003, unless extended by Addenda. Respectfully submitted, William J. O'Neil City Engineer WJO:JAD:Is Attachments: Vicinity Map and Resolution RESOLUTION NO. ~*-~" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKVVAY EAST OF ARCHIBALD AVENUE TO HERMOSA 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 "19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKWAY EAST OF ARCHIBALD AVENUE TO HERMOSA 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 SEALED BIDS OR PROPOSAL,~" 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, May 13, 2003, sealed bids or proposals for the "19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKVVAY EAST OF ARCHIBALD AVENUE TO HERMOSA 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 the 19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKVVAY EAST OF ARCHIBALD AVENUE TO HERMOSA AVENUE". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is RESOLUTION NO. April 16, 2003 Page 2 required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and ara available to any interasted party on raquest. 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 pravailing rate of wages herain 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 conceming 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 apprantices 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 raquest 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. RESOLUTION NO. April 16, 2003 Page 3 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-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 Califomia having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are 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 Iow 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 RESOLUTION NO. April 16, 2003 Page 4 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 covedng his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder's Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or a Specialty Class "C27" License (Landscaping Contractor) sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et.' seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the'"Califomia Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. Copies of the plans and specifications, available at the office of the City Engineer, Engineering Counter, 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 satisfactory 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). RESOLUTION NO. Apd116, 2003 Page 5 The City of Rancho Cucamonga reserves the dght to reject any or all bids. Questions regarding this Notice Inviting Bids for "19TM STREET LANDSCAPE IMPROVEMENTS ALONG THE SOUTH SIDE PARKWAY EAST OF ARCHIBALD AVENUE TO HERMOSA AVENUE" may be directed to: Jerry A. Dyer, Associate Engineer at (909) 477-2740, ext. 4037. By order of the Council of the City of Rancho Cucamonga, California. Dated this 16th day of April, 2003 Publish Dates: April 22 and April 29, 2003 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 16th day of April, 2003: 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 16th day of April, 2003. Executed this 16~h day of Apdl, 2003, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: April 22 and April 29, 2003 ........ ~ ONTARIO Cl~ LIMIT LOCATION' VICINITY MAP T H E C I T Y 0 F RANCHO CUCAMONGA Staff Report DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION TO AUTHORIZE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER Recommendation It is recommended that the City Council approve plans and specifications and the resolution to authorize the advertising of the "Notice Inviting Bids" for the seismic retrofit of the Civic Center. Back.qround Previously, the City Council approved a project to bring the Civic Center up to current seismic codes that have been incorporated into the Uniform Building Code since the Northridge earthquake. The plans and specifications have been prepared and we are seeking approval to advertise the project for bid. It is anticipated that construction will begin in late June 2003 and will be completed in 9 to 12 months. Respectfully submitted, Assistant to the City Manager A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE SEISMIC RETROFIT OF THE CIVIC CENTER, 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 SEISMIC RETROFIT OF THE CIVIC CENTER." BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said Agency 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 THURSDAY, MAY 22, 2003, sealed bids or proposals for the "THE SEISMIC RETROFIT OF THE CIVIC CENTER" 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 THE SEISMIC RETROFIT OF THE CIVIC CENTER". A mandatory Pre-Bid Meeting is scheduled for 10:00 a.m. on Monday, April 28, 2003, at the City of Rancho Cucamonga: 10500 Civic Center Dr., Rancho Cucamonga, CA 91730. Resolution No. Page 2 of 5 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 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 pady 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 Rancho Cucamonga Redevelopment Agency, 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 contributions. Resolution No. Page 3 of 5 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 Rancho Cucamonga Redevelopment Agency, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.6. 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 Iow 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. Page 4 of 5 No bid 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, and must possess a Class "B" License 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 "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the offices of the City Engineer, City of Rancho Cucamonga, 10500 Civic Center Dr., Rancho Cucamonga, CA 91730, will be furnished upon application and payment of $150.00 (ONE HUNDRED FIFTY DOLLARS), said $150.00 (ONE HUNDRED FIFTY 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 $30.00 (THIRTY DOLLARS) per set to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance 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, Rancho Cucamonga, California, reserves the right to reject any or all bids. By order of the City Council of the City of Rancho Cucamonga, California. Dated this 17th day of April 2003. Resolution No. Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 16th day of April 2003. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Chairman ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said City Council held on the 16th day of April 2003. Executed this 17th day of April 2003, at Rancho Cucamonga, California. Debra J. Adams, City Clerk T H E C I I Y 0 F I~AN Clio CUC^I~ONC, A DATE: April 16, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: APPROVAL TO SUMMARILY VACATE A PORTION OF CHERRY LAND AND DESIGNATE CHERRY LANE AS A PRIVATE STREET, THEREBY EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions summarily vacating a portion of Cherry Lane and designating Cherry Lane as a private street, thereby exempting the abutting properties from the requirements set forth in Chapter 12.08 of the Municipal Code. The Cherry Lane property owners have completed the requirements set forth by Ordinance 58-C for a private street designation. BACKGROUND/ANALYSIS: On July 5, 1989, City Council adopted Ordinance 58-C, which established a mechanism for the review and determination of whether a street could be designated as a private residential street. This would thereby exempt the abutting properties from Municipal Code requirements for dedication of public right-of-way and construction o1 public improvements. On July 17, 2002 City Council passed Resolution No. 02-215, and a subsequent four (4) month time extension was granted January 15, 2003 by Resolution No. 03-004, for the following recommended requirements to be completed before placing Cherry Lane on the City's approved list of designated private streets. A. Access width to be a minimum of 26', with no parking on either side, 36' with parking on one side, or 46' with parking on both sides. CITY COUNCIL STAFF REPORT CHERRY LANE DESIGNATION April 16, 2003 Page 2 B. Access height shall be a minimum of 14'6", clear of all obstructions, including tree limbs, brush, etc. C. Surface shall be an approved all-weather treatment, such as pavement, concrete, or other approved material, D. The street shall have address identification, e.g. street sign, address directory for the homes, and house numbers on the homes. E. Street shall have an approved water supply, specifically an approved fire hydrant at a maximum 400' spacing. F. CC & R's or equivalent covenant aqreement approved by the City Attorney concerning proper maintenance of the street, signed by all property owners. G. Process vacation of the existing 30' right-of-way dedication. All items have been completed to the satisfaction of the City Staff, with the City Council's subsequent approval of the attached resolution for the vacation of the 30- foot offer of dedication for public street purposes that was offered from the Noreen's property in 1983. Respectively submitted, William J. O'Noil City Engineer W JO:DJ:so Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING CHERRY LANE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN CONDITIONS WHEREAS, the City Council of the City of Rancho Cucamonga has decided that certain residential streets, being unique in nature, function as private residential streets; and WHEREAS, the City Council has decided that properties abutting private streets should be exempted from certain requirements normally attributable to public streets; and WHEREAS, the City Council has adopted Ordinance No. 58-C creating and establishing the authority to designate certain streets as private residential streets; and WHEREAS, the City Council finds the following Conditions of Approval to be in place for implementation of Cherry Lane as a private street: 1. Access width to be a minimum of 26' with no parking on either side, 36' with parking on one side, or 46' with parking on both sides. 2. Access height shall be a minimum of 14'6", clear of all obstructions, including tree limbs, brush, etc. 3. Surface shall be an approved all-weather treatment, such as pavement; concrete, or other approved material. 4. The street shall have address identification, e.g. street sign, address directory for the homes, and house numbers on the homes. 5. Street shall have an approved water supply, specifically an approved fire hydrant at a maximum 400' spacing. 6. CC & R's or equivalent covenant agreement, approved by the City attorney,. concerning proper maintenance of the s(reet, signed by all property owners. 7. Process vacation of the existing 30' right-of-way dedication (Exhibit "D"). RESOLUTION NO. CHERRY LANE STREET DESIGNATION April 16, 2003 Page 2. WHEREAS, the City Council finds as follows: A. Cherry Lane, situated from Carnelian Street to the westerly terminus of Cherry Lane (approximately 660') meets all of the requirements set forth in chapter 12.08.055 of the Rancho Cucamonga Municipal Code. B. The designation of Cherry Lane as a Private Residential Street will not adversely affect the health, safety or welfare of those persons and properties adjacent to, and the vicinity of, such street. C. That a Private Residential Street designation for Cherry Lane is in conformity with the General Plan. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: Said portion of Cherry Lane located from Carnelian Street to the westerly terminus of Cherry Lane shall be designated as a private street. SECTION 3: Said Conditions of Approval have been satisfied. SECTION 4: With the designation of that portion of Cherry Lane as a private street, it shall join the list of so designated private streets set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 5: The abutting properties will be exempted from requirements set forth from the provisions of Chapter 12.08 of the City of Rancho Cucamonga Municipal Code. EXHIBIT "A" DESIGNATED PRIVATE STREETS Name of Street Portion of Street 1. Strang Lane Carnelian Street to 1300 Private Street designation adopted feet east. based on 60% representation of petitioning property owners and 100% favorable representation at Public Hearing. 2. Bella Vista Road Sapphire Street to 1325 Private Street designation adopted feet east; Carnelian Street based on 70% representation of to1320.5 feet west petitioning property owners and 100% favorable representation at Public Hearing. 3. Scott Lane Palo Alto to 630 feet north Private Street designation adopted based on 83% representation. 4. Mai Street Almond Street to approx. Private Street designation adopted 385 feet north based on 100% representation of petitioning property owners. Specific conditions have to be met in order for the declaration of private street becoming effective in accordance with Resolution No. 90-452. 5. ~"~ ....... ~ ~" · ..................... ,.,..~x. Not adopted. Non-Compliance ~_~'~°c fcc,. no.-th 6. Cherry Lane Cherry Lane to 650 feet Private Street designation adopted west of Carnelian based on 100% representation of petitioning property owners. Specific conditions met in compliance in accordance with Resolution No. 2002-215. APPUCATION FOR PRIVATE STREET DESIGNATION REASONS, USE, APPUCANTS CHERRY LANE Cherry Lane is a small country lane 660 feet long, east off Carnelian Street just above Hillside Road. Evergreen trees, almost 40 years old, along with large flowering Oleanders frame both sides of the first 256 feet of the 15-foot wide lane forming what is known by residents as "the tunnel". The next 135 feet has large natural evergreen Jojoba plants on the south side and landscaping on the north. None of these trees or shrubs require watering, except by Mother Nature. The lane is on a common 35-foot easement on the south of each of the Cherry Lane properties. The electric, water and phone companies each have specific access within the easement area. There is a four foot by eight inch solid poured storm water retention wall that runs 5 feet north of the south property lines, the entire east/west length of the Chem/Lane properties, to channel storm water eastto Carnelian and west to o storm drain to prevent flooding of the homes below; At the west end of the :'. · wallnext to the SW comer of the west lot is a fenced thrcc foot pipe drain, · · · which, empties into the flood channel at the' back of the west Topaz '" development. : ' "" ' ' Three or. res of undeveloped land lies north of the Cherry Lone properties. If consists of four parceb: One ls135.feet wide and three are 90 feet wide. all are 330 feet deep and all face Vicaro Street. Thus Chem/Lone residents are enclosed on properties with only one way in and out. APPLICANIS Four families own property on Chem/Lane. One faces Carnelian and has an access gate to the properly opening onto Cherry Lone. 1. The Lester Noreen family are 4C)-year residents who originally purchased the 5 acres, keeping 2 acres for themselves and splitting the rest into 3 one-acre parcels. Mr. Noreen's Record of Survey is dated July, 1959. He graded the road and brought the water down from Almond Street at the top of Carnelian. On his two acres, Mr. Noreen built a two story home facing Carnelian, landscaped around it and built pens for a cow and goals; o bird aviary and orchard, and planted a variety of beautiful frees. A padc~llke atmosphere was created. He also planted the frees and oleanders on Chem/Lane. The present owner is his son, Bruce Noreen with his wife and children. Three properties face Cherry Lane. Two have a circular driveway. I. The Masters family, 4a-year residents, built at the same time as the Noreen's on the east and the Schrtber"s to the west. They built a one-story, 2000 square foot home with an orchard, garden, ball · field, landscaping and flowers along with a variety of trees, now very mature. They also planted the Jojoba shrubs along Chemx Lane. 2. The Kniesley family are 11-year residents. They purchased the Schriber property then improved the orchard and landscaping.. · .: : Here too, are many mature flees. ' .. ' ~:, 3.': ·Steve Harrison & Lori Wharton have'recently, purchased the last · ; one-acre parcel, on the west, having found the perfect site to build their home. They are presently going through the necessary steps to b~gin construction. REASONS This is a true neighborhood of friends; one of the most valuable assets for family living. Over the years the neighbors have become Mends and have watched out for the general safely and welfare of each other. In August of 2000, there was a neighborhood meeting to discuss what to do with the "community property" Chem/Lane. All were in favor of privatizafion, but the project was put on hold at that time. Now, almost two years later the project is ready to begin and the neighbors are still in agreement regarding their views on the maffer. Cherry Lane is... · A quiet country lone with no traffic, safe for children and animals. · A street where anyone coming in is going to one of our homes, and their coming and going is noticed. · An open space, with room to breathe. Pcsge 2 nf 3 2. · A bird watchers paradise and animal lovers delight with birds and wildlife in a great variety and abundance, A special delight to all is the wild bunnies that occasionally stop your car while deciding whether to dig in or run. · A place where artistic creations made from "found" materials and antique objects of interest are positioned along the road and in the yards of the Noreen's and Masters, creating unique points of interest for visitors and residents alike. CONCLUSION We hove joined.together to form on ogreement thor eoch of us contdbute our shore in the mointenonce ond preservofion of Cherry Lone. We would like to have our road left os close os possible to the way it is now, and · Bruce Nor~n · Lateen Masters ~? ~") I~u~th Knlesley"~ - (~ 'xo~q N RANCHO CUC~ONGA ~ENG~G D~ON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING TO BE VACATED A PORTION OF CHERRY LANE LOCATED AT THE NORTHWEST CORNER OF CARNELIAN STREET AND CHERRY LANE WHEREAS, by Resolution No. 2003- E)~) passed on April 16, 2003, the City Council of the City of Rancho Cucamonga declared its intention to designate Cherry Lane as a private street and excepting the abutting properties from requirements set forth in Chapter 12.08 of the Municipal Code subject to certain conditions that have been met. NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds by all the evidence submitted that a portion of Cherry Lane is unnecessary for present or public street purposes, and the City Council hereby makes its order summarily vacating that portion of said City street as described in a legal description which is attached hereto, marked Exhibit "B" and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: The subject vacation shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County. SECTION 4: The Clerk shall certify to the passage and adoption of the resolution, and it shall thereupon take effect and be in force. , CI~ OF ~ ~H~Y LANE. RANCHO CUCAMONGA · ~: o~ o~ ~ATt o~, · ? 53~ Carnelian APN 1061=231-5 ~..~ P.o. Box ~ C0.. CAL!~. R~cho ~c~on~a, CA 917~0 I ] IRREVOCABLE OFFER TO [EDICA~E FOR A VALUABLE CONS]DERATION~ ~eceipC o~ ~hic~ i~ ~e~eby ac~no~ledge~, LesteP H. and ~xJne No~een HERE~Y OFFERS TO DEDICATE bo ~he Co~o~a~1on, ROAD AND RELATED PURP0%~$ ~n, ove~ a~ upon ~ ce~aln ~eal ~opeg~y in ~he C1by o~ Rancho Cuc~ong~, County o~ San Be~na~o, ~abe o~ The southerly 30.00 feet of the fol]o~ng described p~el of ]and. The s0u~h I/2 of the east I/2 of Lot 11. Block 17. Cucamonga Hogshead Assocla~ion J n [ ~e C ~ [y o~ ~ . c ~ o C~[ng]: ~ s p e ~ p I ~ [ ~e co ~e~ ~ n ~ 0 ~ [ ~ ~ ~ ~ p [ j I ~ ~ ~ e 4 6 j ~eco~ds of San Be~n~no County, C~1~fo~n1~. EXCEPTING the~f~om the ~st 405 feet ~he~of, For Che~ry Lane STATE OF CALIFORNIA 1 COUNTY OF SAN SERNARDINO J~ SS. on ~ oc'.,.~ __ before me, the undemlgned, a Nota~ Public In and for said Coun~ ~'--FOR NOTARy S~L ~ ~ ~ and State, personally appeared ~ ~ ~;~ /O~E~E/A[VSOr~ UASTERS ~ ~ the person~whose name~subscrlbed to ~ ~'~ .or.ay ~ueuc - cRcr~oa.~a ~ Tht~ ~s to certify that the Offer of Oec~Jcat$on conveyed by the within ~nstrument to the City of Rancho Cucamonga, State of California, is hereby acknowledged by order of the CI ty Council aM the Offeree cOnsents to the recordation thereof pursuant to pt'ovtston$ of Chapter 12.7 of DtvlstOn 7 of T~t]e ! of the Govern-. ment Code of tho State of CalJforn~.a. Date: R A N C H O C U C ^ M O N G ^ I~ NGINE EI~IN G DI~loADT~IEi~T Staff Report DATE: April 16, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jon A. Gillespie, Traffic Engineer SUBJECF: APPROVAL OF TRAFFIC SIGNAL ELECTRICITY AND MAINTENANCE IN THE AMOUNT OF $36,100 TO BE FUNDED FROM ACCOUNT NO. 1151-303-5300, AND APPROVAL OF AN APPROPRIATION OF $36,100 TO ACCOUNT NO. 1151-303-5300 FROM THE STREET LIGHT ASSESSMENT DISTRICT NO. I(SLD#1) FUND BALANCE. RECOMMENDATION: It is recommended that the City Council approve an appropriation in the amount of $36,100 to account No. 1151-303-5300 from the from the Street Light Assessment District (SLD) #1 Fund balance for traffic signal electricity and maintenance. BACKGROUND/ANALYSIS: The City of Ontario is currently maintaining nine (9) traffic signals that are jointly owned with the City of Rancho Cucamonga. We have an agreement with the City of Ontario to pay the City of Ontario 50% of the cost of electricity and maintenance for these nine (9) traffic signals. The City of Rancho Cucamonga recently received an invoice from the City of Ontario in the amount of $46,714.02 for the years 2001 and 2002. This appropriation is necessary in order to reimburse the City of Ontario for one half the cost of electricity and maintenance for nine (9) traffic signals for the time period beginning on January 1, 2001 through December 31, 2002. Resp~lly submitted, City Engineer WJO:JG R A N C H O C U C A M O N G A rJ ~!G INl~l~I N C 191~ DAD TlqgN T Staff Report DATE: April 16, 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 LANDSCAPE IMPROVEMENTS, FOR TRACT 15492, SUBMITTED BY KB HOME GREATER LOS ANGELES INC., LOCATED ON THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND TERRA VISTA PARKWAY RECOMMENDATION: The landscape improvements for Tract 15492 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 15492, located on the southeast corner of Milliken Avenue and Terra Vista Parkway, the applicant was required to complete street and landscape improvements. The landscape improvements have been completed and the six-month maintenance establishment period has ended. Developer: KB Home Greater Los Angeles Inc. 801 Corporate Center Drive, Suite 201 Pomona, CA 91768 R~sp. xectfu Ily submitted, _VVi~a~ J. O'Ueil Cit~MEngineer WJO:LRB:Is VICINITY MAP BASE: U#£ ROAD · TRA~.T 15492 : · '~N CITY OF RAHCHO CUCAMOtlGA ~..~~ couNTy OF SAN BE. NARDIt~O R a N C H O C U CA M O N G A ]~ NGIN EEI~ING D EPAI~T~IE~T DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mark N. Brawthen, Contract Engineer SUBJECT: ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRCCUP00-09, LOCATED AT 9212 BASE LINE ROAD, SUBMITTED BY MR. SHOAIB C. PATAIL RECOMMENDATION It is recommended that City Council adopt the attached resolution approving DRCCUP00-09 and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6. BACKGROUND/ANALYSIS DRCCUP00-09, located at 9212 Base Line Road, was approved by the Planning Commission on October 1 t, 2000, for the development of a 10,944 square foot church on 2.86 acres. The Developer has deposited with the City a cash sum in the amount of $9,200.00. Said cash deposit shall be security for the Developer's performance of public improvements. Copies of the agreement are available in the City Engineer's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the · City Clerk's office. submitted, Re~ ~ctfully~_. ~'/~/~./~'~i ' ~ Willi'~ O'Neil City En~ ineer WJO:MNB:sc Attachments RESOLUTION NO. ~)~-' ~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRCCUP00-09 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pumuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping andLighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public heating and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article Xllll) of the Constitution of the State of California ("Article XrlID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the '~-rerritory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and /12. RESOLUTION NO. DRCCUP00-09 April 16, 2O03 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and ail of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annuai assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approvai of the authorization of levy such proposed annuai assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OFTHE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all tree and correct. SECTION 2: The City Council hereby finds and determines that: a. The annuai assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annuai assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Ten'itoxy and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. //3 VICINITY MAP N.T.$. City of Item: Staff Report Rancho Cucamonga Title: Vicinity Map ENGINEERING DIVISION EXHIBIT: DRCCUP00-09 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: SHOAIB C. PATAIL The legal description of the Property is: The East 194 feet of the West one half of the East one half of Lot 6 in block 12 of Cucamonga Homestead Association, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per map recorded in book 6, page 46 of maps, in the office of the County Recorder of said County. Except the interest conveyed to the City of Rancho Cucamonga, a Municipal Corporation, by Deed recorded January 29, 1981 as instrument no. 81-021163, Official Records. Note: Said land is also shown on record of survey recorded March 17, 1981 in book 42, page(s) 80 of records of survey, in the Office of the County Recorder of said County. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 l I CiTY OF RANCHO CUCAMONGA .owru NT.~, COUNTY OF SAN BERNARDINO L STATE OF CALIFORNIA DRCCi,IPO0-O~~///.~, Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that. district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkw.ays, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO, 1 (ARTERIAL STREETS): · Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traf~'lC signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. /17 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: DRCCUP00-09 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 1 ......... SLD#6 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L3B* ............ *Existing items installed with original project Assessment Units by District Parcel Acres S I S 6 L 3B N/A 2.86 2 AU 1 AU 1 AU B-2 //8 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment I~and ll~e Nnil Tv~e llnit~ Ilnit~ Factnr llnit~ llnit Revenne Comm/Ind Acre 2115.92 1.0 2115.92 $352.80 $746,496.58 The Proposed Annual Assessment against the Property (DRCCUP00-09) is: 2.86 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $1,009.01 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance DiStrict No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment T.and lT~e llnit Tyne lTnit~ Nnit~ Factnr ITnit~ Unit Rev~nlle Single Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (DRCCUP00-09) is: 2.86 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = 101.64 Annual Assessment C-1 //il~ Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and l~e llnit Tyne llnit~ I Tnils Factnr llnit~ llnit Revenlle Comm/Ind Acre 1,994.74 1.00 1,994.74 $51.40 $102,529.64 The Proposed Annual Assessment against the Property (DRCCUP00-09) is: 2.86 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $147.00 Annual Assessment [INSERT FROM EXHIBIT C OF CONSENT & WAIVER) R a n C H O C U C A M O N G A ENGINEERING DEPARTMENT S fRe rt DATE: April 16, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO.9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR CUP 99-56, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF ETIWANDA AVENUE, SUBMITTED BY THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO RECOMMENDATION It is recommended that City Council adopt the attached resolutions accepting the subject agreement and securities, ordering the annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. I and 8 and authorizing the. Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS CUP 99-56, located on the north side of Foothill Boulevard, west of Etiwanda Avenue, in the Regional Related Commercial District (Subarea 4), was approved by the Planning Commission on December 13, 2000. This project is for the construction of a new 20,000 square foot sanctuary building, including parking lots, on 11 acres of land. The Developer, The Roman Catholic Bishop of San Bernardino, is submitting an agreement and securities to guarantee the installation of public street improvements in the following amounts: Faithful Performance Bond $493,400.00 Labor and Material Bond: $246,700.00 Copies of the agreement and securities are available in the City Clerk's Office. /z/ CiTY COUNCIL STAFF REPORT CUP 99-56 April16,2003 Page 2 A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Respectfully submitted, City Engineer W JO:WV:sc Attachments BASELINE ROAD ~ MILLER AVE. PROJECT SITI~ FOOTHILL (ET 66) BOULEVARD ARROW ROUTE 11 RESOLUTION NO. ~)3 '" ~q5 A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CUP 99-56 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on April 16, 2003, by The Roman Catholic Bishop of San Bemardino as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the north side of Foothill Boulevard, west of Etiwanda Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject tO the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, CUP 99-56; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Securities be and the same are hereby approved and the Mayor is herby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR CUP 99-56 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 9, Street Lighting Maintenance Distric~ No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the fight of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XlnO of the Constitution of the State of California ("Article Xrrff)") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. CLIP 99-56 April 16, 2003 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have a/so expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Ardcle XrlID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit "A" continued Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: ROMAN CATHOLIC BISHOP OF SAN BERNARDINO The legal description of the Property is: PARCEL NOS. 1 AND 3: THE EAST V:~ OF THE SOUTHWEST IA OF THE SOUTHEAST ¼ OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED MAY 19, 1884. EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST V2 OF THE SOUTHWEST IA OF THE SOUTHEAST ¼ OF SECTION 5, TOWNSHIP 1 SOUTH RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN. ALSO EXCEPTING THEREFROM THE EAST V2 OF THE SOUTHEAST IA OF THE SOUTHWEST IA OF THE SOUTHEAST IA OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A sA INCH IRON ROD MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 89 DEG. 55' 06" WEST, 2551.30 FEET; THENCE COURSE "A", NORTH 44 DEG. 47' 32" EAST, 384.64 FEET; THENCE AT RIGHT ANGLES SOUTH 45 DEG. 12' 28" EAST, 220.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 42 DEG. 57' 04" EAST, 14.0072 FEET TO A POINT BEARING SOUTH 45 DEG. 12' 28" EAST, 175.00 FEET FROM A POINT IN THE NORTHEASTERLy PROLONGATION OF SAID COURSE "A", DISTANT ALONG SAID PROLONGATION NORTH 44 DEG. 47' 32" EAST, 1400.00 FEET FROM THE NORTHEASTERLY TERMINUS OF SAID COURSE "A". PARCEL NO. 2: THE EAST V2 OF THE SOUTHEAST IA OF THE SOUTHWEST IA OF THE SOUTHEAST IA OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE EAST V2 OF THE SOUTHEAST ¼ OF THE SOUTHWEST lA OF THE SOUTHEAST IA OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN A-i /27 Exhibit "A" continued BERNARDINO BASE AND MERIDIAN, IN THE COUNTRY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AND BY DEED RECORDED SEPTEMBER 11, 1969 IN BOOK 7301, PAGE 388, OFFICIAL RECORDS, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A 3fi INCH IRON ROD MARKING THE SOUTI-IEAST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH 89 DEG. 55'06" WEST, 2551.30 FEET' THENCE COURSE "A", NORTH 44 DEG. 47' 32" EAST, 384.64 FEET' THENCE AT RIGHT ANGLES SOUTH 45 DEG. 12' 28" EAST, 220.00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE NORTH 42 DEG. 57' 04" EAST, 1400.72 FEET TO A POINT BEARING SOUTH 45 DEG. 12' 28" EAT, 175.00 FEET FROM A POINT IN THE NORTHEASTERLY PROLONGATION OF SAID COURSE "A", DISTANT ALONG SAID PROLONGATION NORTH 44 DEG. 47' 32" EAST, 1400.00 FEET FROM THE NORTHEASTERLY TERMINUS OF SAID COURSE"A". PARCEL NO. 4.: THAT PORTION OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES TOWNSHIP PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK "X", ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY; THENCE SOUTH 614 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 100.75 FEET; THENCE NORTH 175 FEET; THENCE EAST 70 FEET; THENCE NORTH 439 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE WEST 170.75 FEET TO THE POINT OF BEGINNING. PARCEL NO. 5: THAT PORTION OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK "X", ACCORDING TO MAP OF PRELIMINARY MAP OF ET1WANDA COLONY LANDS; THENCE SOUTH 614 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 170.75 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN THE CENTERLINE OF FOOTHILL BOULEVARD; THENCE NORTH 175 FEET; THENCE WEST 70 FEET; THENCE SOUTH 175 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST 70 FEET TO THE TRUE POINT OF BEGINNING. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. EXHIBIT' A ~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. ~O STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 8 MILLER : A~ PROJECT FO O TH liLL :BOULEVARD CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNAr~mNO STATE OF CALIFORNIA Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): Landscape Maintenance District No. 9 CLMD #9) represents landscape sites throughout the Lower Etiwanda Area. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various sites maintained by the district consist of parkways, median islands and street trees. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally, this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the inconporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. B-, Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: CUP 99-56 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 ...... 5 ...... SLD#8 ............... Conununity Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 9 ......... 26 *Existing items installed with ohginal project Assessment Units by District Parcel Acres S 1 S 8 L 9 1 11 22 22 22 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 4169 1.0 416 $375.91 $156,378.56 Family The Proposed Annual Assessment against the Property (CUP 99-56) is: 11 Acres x 2 A.U. Factor x $375.91 Rate Per A.U. = $8,270.02 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS).' The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (A~efial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and ITs~ Unit Tyne ITnit~ 1 Tnita Factnr l lnit~ Unit Revenue Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (CUP 99-56) is: 11 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $390.94 Annual Assessment Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land IT~ lTnit Tyne. llnit~ IInit~ Factor Ilnits IInit Revenue. Single Family Parcel 497 1.00 497 $193.75 $96,293.75 The Proposed Annual Assessment against the Property (Tract Nos. 16257 & 16347) is: 1! Acres x 2 A.U. Factor x $193.75 Rate Per A.U. = $4,262.50 Annual Assessment o_2 13.3 R A N C H O C U C A M O N G A ]~i~GINEEI~ING DI~PADTr, I~T DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mark N. Brawthen, Contract Engineer SUBJECT.. APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR DRC2001-00805, LOCATED AT 10863 AND 10865 JERSEY BOULEVARD, SUBMITTED BY RALPH KARUBIAN, SOL STONE, MARCIA STONE, CHARLES KARUBIAN AND LAURENCE KARUBIAN RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving DRC2001-00805, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2001-00805, located at 10863 and 10865 Jersey Boulevard, in the Industrial District (Subarea 9) of the Industrial Area Specific Plan Development District, was approved by the City Planner on August 29, 2002, for the development of two industrial buildings totaling 199,624 square feet on 9.21 acres. The Developers, Ralph Karubian, Sol Stone, Mamia Stone, Charles Karubian and Laurence Karubian, are.submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Per[ormance Bond $163,100.00 Labor and Material Bond: $ 81,550.00 CITY COUNCIL STAFF REPORT DRC2001-00805 April 16, 2003 Page 2 Copies of the agreement and security are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Respectfully submitted, William J. 6'Ne~'l - City'Engineer WJO:MNB:sc Attachments RESOLUTION NO. A RESOLUTION OF THE cITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00805 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Ralph Karubian and Sol H. Stone as developers, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at 10863 and 10865 Jersey Boulevard; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DRC2001-00805; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, wh,ch is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2 That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. REsouvno NO. O,. Oq'g A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAIJFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2001-00805 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Paticle XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the '~rerritory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. DRC2001-00805 April 16, 2003 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. N.T.S. FOOTHILL BI 14~ ARROW HIGHWAY PROdE~ 00805 v, A.T. ~'SF. City of Rancho Cucamon.qa Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: SOL H. STONE AND MARCIA MANDELL STONE, AS TRUSTEES OF THE SOL AND MARCIA STONE REVOCABLE TRUST DATED OCTOBER 6, 1987, AS TO AN UNDIVIDED 50% INTEREST; RALPH KARUBIAN, AS TO AN UNDIVIDED 25% INTEREST, AS HIS SEPARATE PROPERTY; CHARLES KARUBIAN, TRUSTEE OF THE CHARLES KARUBIAN TRUST, AS TO AN UNDIVIDED 12 ~ % INTEREST; AND LAURENCE KARUBIAN, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 12 1/2 % INTEREST The legal description of the Property is: THAT PORTION OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO ~ Olq-qCIAL PLAT OF SAID LAND APPROVED BY. THE SURVEYOR GENERAL, DATED SEPTEMBER 18, 1865, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 946.00 FEET OF SAID SECTION 12 (SAID SOUTHERLY 946.00 FEET BEING MEASURED NORTH 0 DEG. 13' 00" WEST, 946.04 FEET ALONG THE WEST LINE OF SAID SECTION 12 FROM THE SOUTHWEST CORNER THEREOF), DISTANT THEREON 3157.07 FEET (MEASURED ALONG SAID NORTHERLY LINE) FROM THE WEST LINE OF SAID SECTION 12, SAID POINT BEING ALSO THE BEGINNING OF A TANGENT CIRCULAR CURVE CONCAVE SOLrrHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOLrrHEASTERLY ALONG THE ARC OF SAID CURVE, SUBTENDING A CENTRAL ANGLE OF 89 DEG. 47' 28", A DISTANCE OF 31.34 FEET TO A POINT OF TANGENCY VqITH A LINE WHICH IS 3177.00 FEET EASTERLY FROM (MEASURED ALONG THE SOUTHERLY LINE OF SAID SECTION 12) AND PARAJ.I.EL WITH THE WEST LINE OF SAID SECTION 12; THENCE SOUTH 0 DEG. 13' 00' EAST ALONG SAID PARAH.EL LINE. A DISTANCE OF 876.08 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE SOUTH 89 DEG. 59' 32" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 525.16 FEET TO AN ANGLE POINT THEREON; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 89 DEG. 41' 27" WEST, A DISTANCE OF 447.25 FEET; THENCE NORTH 10 DEG. 13' 00" WEST, PARALLEL WITH THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 896.04 FEET TO THE NORTHERLY LINE OF SAID SOLVII-EERLY 946.00 FEET OF SAID SECTION 12, A DISTANCE OF 452.99 FEET TO AN ANGLE POINT THEREON; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID SOUTHERLY 946.00 FEET OF SAID SECTION 12, NORTH 89 DEG. 59' 32" EAST, A DISTANCE OF 499.49 FEET TO THE POINT OF BEGINNING. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereofi ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND '{ L,.t JEf $E¥ I OULEVA D - 108~,~ ~nSEY ::.LEGEND _ HP5V ST. LIGHT R^tt. EoAD CITY.OF RANCHO CUCAMONGA NORTlt COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Exhibit B To 'Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that arc maintained by this disttrct consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22;87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #I)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arteri~il streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a Whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide disttrct. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on industrial or commercial s~reets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Exh/bit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: DRC2001-00805 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 ............... SLD#6 --- 2 ......... Community Trail Turf Non-Turf Trees Landscapin~ DGSF SF SF EA L 3B ............ *Existing items installed with original project Assessment Units by District Parcel Acres S 1 S 6 L 3B N/A 9.21 2 AU 1 AU 1 AU Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of RaW Per Physical Physical Assessment Assessment Assessment T.nnd TT~e Ttnit Tyne TTnit~ TTnit~ Fac. tnt ITnit~ lTnit Revemle. Comm/Ind Acre 2115.92 1.0 2115.92 $352.80 $746,496.58 The Proposed Annual Assessment against the Property (DRC2001-00805) is: 9.21 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $3,249.29 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):. # of # of Rate Per Physical Physical Assessment Assessment Assessment I,and IT~e TTnit Tvn~ TTnlt~ ITnlt~ F~tnr TTn~t~ TTnit R~.v~.nne Single Family Parc. el 19,803 1.00 19,803 $17.77 $351,899~31 Multi- Unit 7,402 1.00 7,402 $17.77 $131,533~54 Family Commercial Acre 2,288.82 2.00 4,577.64 $I7.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (DRC2001-00805) is: 9.21 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $327.32 Annual Assessment Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment I,and lIge llnil Tvnn ITnit.~ Ilnitg ~aetnr Units ITnit Revenue Comm/Ind Acre 1,994.74 1.00 1,994.74 $51.40 $102,529.64 The Proposed Annual Assessment against the Property (DRC2001-00805) is: 9.21 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $473.39 Annual Assessment R a N C H O C U C A M O N G A 1~ NC. INI~EI~IN C DEDAI~T~ENT DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Cindy Hackett, Associate Engineer,~ ' SUBJEC'F: APPROVAL OF THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE COUNTY OF SAN BERNARDINO, FOR THE PROPOSED CONSTRUCTION OF MILLIKEN AVENUE / WILSON AVENUE EXTENSION, MILLIKEN AVENUE FROM 1380' NORTH OF BANYAN AVENUE TO WILSON AVENUE AND WILSON AVENUE FROM DEER CREEK CHANNEL TO MILLIKEN AVENUE RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Construction and Maintenance Agreement between the City and the County of San. Bernardino, and authorizing the City Clerk to attest and the Mayor to sign the agreement, for the proposed construction of Milliken Avenue / Wilson Avenue Extension. BACKGROUND/ANALYSIS: Execution of this agreement is required by the County prior to constructing improvements to the Milliken Avenue and Wilson Avenue which include the installation of a triple barrel culvert, headwall, catch basins and street improvements. A portion of the improvements are within County right-of-way and the City agrees to construct and maintain said improvements at no cost to the County. This project is funded with Measure 'T' funds. R ectfully submitted, Wi~ia~ J. O'Neil City Engineer W JO:CH:is Attachments: Vicinity Map/Resolution Construction and Maintenance Agreement RESOLUTION NO. ) -Oq7 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE COUNTY OF SAN BERNARDINO FOR THE CONSTRUCTION OF MILLIKEN AVENUE / WILSON AVENUE EXTENSION, MILLIKEN AVENUE FROM 1380' NORTH OF BANYAN AVENUE TO WILSON AVENUE AND WILSON AVENUE FROM THE DEER CREEK CHANNEL TO MILLIKEN AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration an Agreement between the City of Rancho Cucamonga and the County of San Bernardino for the construction and maintenance of the Milliken Avenue / Wilson Avenue Extension. WHEREAS, the Agreement is for the construction and maintenance of storm drain and street improvements within County fight-of-way. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, Califomia, hereby resolves that said Agreement between the County of San Bemardino and City for the construction and maintenance Milliken Avenue / Wilson Avenue Extension be hereby approved and the Mayor is hereby authorized to sign said Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. MILLIKEN AVENUE/~rILSON AVENUE EXTENSION k[~.l.r~,N AVE.- FROM 1380':1: NORTH OF BANYAN STREET TO ~ILSON AV~. WILSON AVENUE - FEOM DAYCREEK C~At~IEL TO m~.~,~q AVENUE . ~._ i../I": I I[ l : . ..................... .--...., ~. - . .'--"1 :dl II,.,,,..,~,.u..,. L~: ll. ff .--.'~,.. :. I T H E C I T Y 0 F ~ANCPlO CUCA~ONGA DATE: April 16, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Wdliam J. O'Neil, City Engineer BY: Karen McGuire-Emery, Senior Park Planner SLIBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAN GUERRA AND ASSOCIATES TO PROVIDE PLAN CHECK SERVICES FOR THE CENTRAL PARK COMMUNITY/SENIOR CENTER PARK PROJECT IN THE AMOUNT OF $48,250.00, INCLUDING CONTINGENCY, AND APPROVE AN APPROPRIATION IN THE AMOUNT OF $60,250~00 FROM FUND 120 PARK DEVELOPMENT FUND BALANCE FOR THE PLAN CHECK SERVICES AND THE SIGNAL DESIGN RECOMMENDATION It is recommended that the City Council approve a Professional Services Agreement with Dan Guerra and Associates to provide plan check services for the Central Park Community/Senior Center Park Project in the amount of $48,250.00, including contingency, and approve an appropriation in the amount of $60,250.00 from Fund 120 Park Development Fund Balance for the plan check services and the signal design. BACKGROUND Proposals were solicited from the City's two contract Civil Engineering plan check consultants for plan checking services for the Central Park Senior/Community Center Park Project. Both consultants provided fees that were consistent with their contrad with the City for plan checking services. It is anticipated that due to the expedited time schedule for completion of the project, over-time services may be required and will be addressed through the contingency fee provided. In addition, traffic signal design services are required for the two signals located on Base Line Road and Milliken Avenue for entrance to the City Park. This work will be performed by Austin - Faust Inc. in the amount of $10,000.00, plus contingency. Re~Sl~xctfully submitted, Wdl~'a~ J. O'Neil City'Engineer attachment R a N C H O C U C A M O N G a ]~ N Gl N ~ EI~IN G D E PAI~ TM E N T DATE: April 16, 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: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION, FOR PARCEL MAP 15692, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, NORTH OF WILSON AVENUE, SUBMI'I-rED BY MS. PATRICIA PRUTTING RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, accept the subject Agreement Extension and authorize the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS: Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 15692 were approved by the City Council on March 7, 2002. The developer, Ms. Patricia Prutting, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. R~oec~tfully submitted, ,- City Engineer WJO:LRB:Is Attachments RESOLUTION NO. ~),~'" {~ (~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 15692 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on April 16, 2003, by Ms. Patricia Prutting, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Hellman Avenue, North of Wilson Avenue. WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Parcel Map 15692; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. _HILLSIDE ~ RD. ' sITE WlLS_O_N__ AVE:, BANYAN ~VlCINITY MAP PARCEL MAP 15692 RAN h O C U C A M O N G A 1~ NCINEI~I~ING D~ PAI~TFII~NT DATE: April 16,2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROI~I: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECt: RELEASE OF MAINTENANCE GUARANTEE BOND, FOR TRACT 15730, LOCATED ON THE NORTHWEST CORNER OF BERYL AND MIGNONETTE, SUBMITTED BY DPDC RANCHO 45/LTD, A CALIFORNIA PARTNERSHIP RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond for Tract 15730, located on the northwest corner of Beryl and Mignonette, submitted by DPDC Rancho 45/LTD, A California Partnership. BACKGROUND/ANALYSIS: The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: DPDC Rancho 45/LTD, A California Partnership 10390 Commerce Center Drive Rancho Cucamonga, CA 91730 Re~bmitted, ~ City Engineer WJO:LRB:Is Attachments Exhibit "A" VICINITY MAP BANYAN STREET PROI~OSED RTE 30 Z 19TII STREET aa ua I IIAMILITON STREET AGATE STREET ~ } · ' PROPOSED VACATIC lq ~.~ ~., MIGNONETTE STREET m ~ PROJECT 0~ < LOCATION < ~ TR 15730 BASE LINE ROAD CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Tract No. 15730 R A N C H O C IJ C A M O N G A ENGINEERING DEPARTMENT DATE: April 16, 2003 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF IMPROVEMENT SECURITY AND RELEASE OF PREVIOUSLY SUBMITTED CASH DEPOSIT SECURITY FOR DRC2002-00417, GENERALLY LOCATED IN RED HILL PARK, WEST OF VINEYARD AVENUE, SOUTH OF BASE LINE ROAD, SUBMI'I-rED BY AT&T WIRELESS RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the new Improvement Security and releasing the Cash Deposit Security and authorizing the Mayor and the City Clerk to sign the new security bond. BACKGROUND/ANALYSIS The Developer of DRC2002-00417 constructed a cellular tower in the Red Hill Park. As part of their conditions of approval, the Developer was required to submit an Improvement Security Cash Deposit in case of site abandonment. The Developer, AT&T Wireless, has submitted a request to replace the cash deposit with a bond to guarantee the reconstruction of the site in case of site abandonment in the following amount: Performance/Removal $2,500.00 Copies of the Lease Agreement Contract Number 02-095 are available in the City Clerk's Office Respectfully submitted, i ~ J. O Nell City Engineer Attachment: Resolution Vicinity Map Vicinity Map / RED ~_ ...... ___ PARK ....... I_ ! - DRC2002-00417 RED HILL PaRk AT&T WIRELESS RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT SECURITY AND RELEASE OF PREVIOUSLY SUBMITTED CASH DEPOSIT SECURITY FOR DRC2002-00417, SUBMI']-rED BY AT&T WIRELESS WHEREAS, the City Council of the City of Rancho Cucamonga did consider a Communications Facility Ground Lease submitted by AT&T Wireless as developer, on August 21,2002, for a cellular antenna generally located in Red Hill Park, south of Base Line Road, west of Vineyard Avenue, and AT&T Wireless's contractor did deposit $2,500 held in trust for abandonment pursuant to DRC2002-00417 conditions of approval, and WHEREAS, the developer is proposing to replace the cash deposit with a performance/removal bond as good and sufficient Security. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: 1. Said Improvement Security submitted by AT&T Wireless is hereby approved. 2. The previously accepted cash deposit shall be released. 3. The Mayor is hereby authorized to sign said resolution and Performance/Removal Security on behalf of the City of Rancho Cucamonga and the City Clerk to attest thereto. 1~ A N C H O C U C A M O N GA F, NGIN~EI~ING DI~PAI~T~EN T DATE: Apdl 16, 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 Technician-/~ SUBJECT: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 3419058 IN THE AMOUNT OF $238,735.70, FOR THE AMETHYST AVENUE PAVEMENT OVERLAY FROM HIGHLAND AVENUE TO WILSON AVENUE, CONTRACT NO. 01-082 RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 3419058 in the amount of $238,735.70 for the Amethyst Avenue Pavement Overlay from Highland Avenue to Wilson Avenue, Contract No. 01-082. BACKGROUND/ANALYSIS: The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Contractor: Silvia Construction, Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730-5311 Respectfully submitted, William J. O'Neil City Engineer WJO;JD/RO:Is Attachments RANCHO CUCAMONGA .,-"' I 10500 ARROW HWY BNSF RR ~ ,.\ CITY .OF: :RANCHO. CUC~ONGA - -' AMETHYST STREET PAVEMEI~r OVERLAY FROM HIGHLAND AVENUE TO WILSON AVENUE VICINITY MAP R A N C H O C U C A M O N G A ~NGIN~EDING DEDADT~I~N T Staff Report DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James T. Harris, Associate Engineer.~'~ Richard Oaxaca, Engineering Techn~.,~n ;~ SUBJECT: ACCEPT THE IN-ROADWAY WARNING LIGHTS AT 19TM STREET (SR 30) AND JASPER STREET, CONTRACT NO. 02-091 AS COMPLETE, RETAIN THE PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT 'AMOUNT OF $54,989.00 RECOMMENDATION: It is recommended that the City Council accept the In-Roadway Warning Lights at 19th Street (SR 30) and Jasper Street, Contract No. 02-091, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a guarantee bond for one year, authorize the release of the Labor and Materials Bond in the amount of $50,855.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $5,498.90, 35 days after acceptance. Also, approve the final contract amount of $54,989.00. 'BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $54,989.00, which included one contract change order resulting in a change in the original contract amount of 8.13%. The original amount approved by Council was $55,940.50 ($50,855.00 plus 10%). R,esl~Cffully submitted, Wili~ J. OZNeilt/ v v - ~ City Engineer WJO:JTH/RO:Is Attachments ~ ~ ~ ~ S~OOL ~ ..... FIGUI~F. "A" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IN-ROADWAY WARNING LIGHTS AT 19TM STREET (SR 30) AND JASPER STREET, CONTRACT NO. 02-091 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the In-Roadway Waming Lights at 19th Street (SR 30) and Jasper Street, Contract No. 02-091, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. THE C I T Y OF I~AN CflO CIJ CAM ON GA Staff Report DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Associate Planner SUBJECT: SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA00-02) DRC2003-00157 - RANCHO ETIWANDA 685, LLC. - A request to modify the Development Agreement regarding the timing of construction of specific infrastructure improvements, generally located north of Interstate 210 between Hanley Avenue and Day Creek Channel - Tentative Tract Maps 14493 through 14498, 14522, 14523, 15838, and 15902. RECOMMENDATION The Planning Commission unanimously recommends approval. BACKGROUND/ANALYSIS On November 29, 2000, the City and UCP, Inc. (now known as Rancho Etiwanda 685, LLC) entered into a Development Agreement which set forth various rules, regulations, permitting procedures, land use entitlements, and other design and infrastructure expectations, for the development now referred to as Rancho Etiwanda. The complete history and evolution of the Development Agreement is included in the attached Planning Commission staff report. The Rancho Etiwanda development includes the construction of 685 single-family dwelling units. As of March 31, 2003, 318 permits have been issued to the various merchant builders throughout the project. The major infrastructure is complete and traffic signals have recently been installed and made operational on Day Creek Boulevard at both Banyan Avenue and Vintage Drive. The extension of Banyan Avenue westerly to Rochester Avenue is now under construction, with completion anticipated in June; and the park site is nearing completion with the final growing period also anticipated to begin in June. CiTY COUNCIL STAFF REPORT DRC2003-00157 - RANCHO ETIWANDA 685, LLC April 16, 2003 Page 2 CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all properly owners within a 300-foot radius of the project site, to all current residents within Rancho Etiwanda, and to all merchant homebuilders within the project in Rancho Etiwanda, notifying them of the public hearing. ENVIRONMENTAL ASSESSMENT An Environmental Impact Report was prepared and certified by the County Board of Supervisors, and augmented by an Addendum prepared by the City of Rancho Cucamonga as legally sufficient for the University Planned Development (now referred to as Rancho Etiwanda). Further, according to Section 15061(b)(3) of the CEQA Guidelines, the proposed amendment to Development Agreement 00-02 is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states, "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the amendment to the Development Agreement will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist on-site. Brad Buller City Planner I BB:DM:mlg Attachments: Exhibit "A" - Planning Commission Staff Report dated March 26, 2003 Exhibit "B" - Planning Commission Resolution Recommending Adoption of the Second Amendment to Development Agreement 00-02 THE CITY OF I~A N C li 0 CIlCAHONGA DATE: Mamh 26, 2003 TO: Chairman and Members of the Planning Commission FROM: Brad Bullet, City Planner BY: Debra Meier, AICP, Associate Planner SUBJECT: SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DA00-02 (DRC2003-00157) - RANCHO ETIWANDA 685, LLC. - A request to modify the Development Agreement regarding the timing of construction of specific infrastructure improvements, generally located north of Interstate 210 between Hanley Avenue and Day Creek Channel - Tentative Tract Maps 14493 through 14498, 14522, 14523, 15838, and 15902. Background/Analysis: On November 29, 2000, the City and UCP, Inc. entered into a Development Agreement which set forth specific roles, regulations, permitting procedures, land use entitlements, and other design and infrastructure specifications for the development of the project referred to as Rancho Etiwanda, consisting of a total of 685 residential lots. The Development Agreement was recorded on December 22, 2000 in the official records of the County of San Bernardino. On Apdl 3, 2001, UCP, Inc. declared its intent to assign its interest in the Development Agreement to Rancho Etiwanda 685, LLC, a related entity; the assignment was approved by the City Council on April 18, 2001. Subsequently on September 16, 2001, the City Council further approved the partial assignment of interest for portions of the project to various homebuilders for individual tracts within the project. On October 16, 2001, Rancho Etiwanda 685, LLC and the City amended the provisions of the Development Agreement with regard to certain circulation issues, timing of development and fees, and the general management of the Project site (Exhibit "A"). On February 10, 2003, the Rancho Etiwanda 685, LLC submitted a request to amend the development agreement for a second time (Exhibit "B"). This request followed the completion of the Second Annual Review of the Development Agreement prepared by staff dated February 3, 2003 (Exhibit "C"). As noted in the Second Annual Review, staff offered as an option, that the developer consider initiating an amendment to the Development Agreement in order to increase the number of building permits allowed during the interim construction phase of Banyan Street. Summaries of the proposed modifications are as follows: (the text in italics reflects the requirements of the development as currently written): PLANNING COMMISSION STAFF REPORT DRC2003-00157- RANCHO ETIWANDA 685, LLC. March 26, 2003 Page 2 Section 2(c)(9)(C)(iii) - Traffic signal at Day Creek Boulevard and Banyan Street when warranted or 250 building permits. Traffic signal at Day Creek Boulevard and Banyan Street will be installed as soon as Southern California Edison has provided power to the signal location. Because of the unknown timeframe of Southern California Edison tasks, the applicant is requesting an amendment to defer to installation of the signal from the 250th permit to the 400th permit. However, barring undue delays, the signal is expected to be installed and operational in the next few weeks. Section 2(D)(1)(a) - Banyan Street to Rochester Avenue shall be completed by the issuance of the 200th building permit or post a cash deposit or letter of credit in the amount of 200 percent of the value of the completion of the extension of Banyan Street. The construction of Banyan Street to Rochester Avenue began on February 7, 2003 and construction is anticipated to be substantially complete, pdor to June 1, 2003. However, in order to allow the continued issuance of building permits, Rancho Etiwanda 685, LLC established a cash deposit in the amount of $1,800,000 with the City Engineer on February 27, 2003. The City has issued 303 building permits as of March 4, 2003. Rancho Etiwanda 685, LLC has proposed amending the Agreement to allow up to 500 building permits to be issued prior to completion of this segment of Banyan Street; this action would allow the release of the cash deposit. The issuance of 500 building permits equates to approximately 73 percent of the total 685 dwellings that will be constructed within Rancho Etiwanda. The construction of Banyan Street between the project boundary and Rochester Avenue was a negotiated point of annexation through the Development Agreement, and was not required to meet traffic mitigation and circulation requirements. The initial delays in beginning the construction were associated with permitting and coordination issues between San Bernardino County Flood Control District and US Fish and Wildlife Service. Section 2(D)(2) - The Park shaft be substantially complete by the 300th building permit. The park site is under construction, and substantial progress has been made at this time. Landscaping on the park grounds is expected to begin in May, with the growth period anticipated to extend into August before the City considers accepting the park as complete. During this period the applicant desires to continue to obtain building permits for on-going construction of the community, therefore they have proposed amending the agreement to allow up to 500 building permits, prior to substantial completion of the park site. The original intent of this section of the Development Agreement was meant to ensure that the park was developed early in the construction phasing of Rancho Etiwanda so that prospective residents were fully aware of the existence of the park when making decisions to purchase homes in the immediate area. As noted, the park is well underway, with structural improvements, field lighting, and hardscape complete. The actual park landscaping and growth and maintenance period however will continue into the summer months as noted above. The proposed amendments to the Development Agreement have been reviewed and approved by the City Attorney (Exhibit "D"). PLANNING COMMISSION STAFF REPORT DRC2003-00157 - RANCHO ETIWANDA 685, LLC. March 26, 2003 Page 3 ENVIRONMENTAL ASSESSMENT: According to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment to Development Agreement 00-02 is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states, '~/Vhere it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the Amendment will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist on-site. FACTS FOR FINDING: The Planning Commission may make the following findings for the Second Amendment to Development Agreement 00-02: A. The intended amendment to the Development Agreement is compatible with the surrounding development in the area. B. An Environmental Impact Report (EIR) was prepared and Certified by the County Board of Supervisors, and augmented by an addendum prepared by the City of Rancho Cucamonga as legally sufficient for the University Planned Development Project. Further, according to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment to Development Agreement 00-02 is deemed exempt from further CEQA clearance. C. The Amendment is in conformance with the goals and objectives of the City of Rancho Cucamonga General Plan. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site and all current residents within the Rancho Etiwanda community. In addition, all merchant homebuilders with projects in Rancho Etiwanda have received notice of the public headng. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the City Council of the Amendment to Development Agreement 00-02. Respectfully submitted, Brad Buller City Planner BB:DM:mlg Attachments: Exhibit "A" - First Amendment to Development Agreement 00-02 Exhibit "B" - Rancho Etiwanda 685 LLC. Request to Initiate Amendment Exhibit "C"- Second Annual Review of Development Agreement 00-02 Exhibit "D" - Draft Second Amendment to Development Agreement 00-02 Draft Resolution Recommending Adoption of the Second Amendment to Development Agreement 00-02 (DRC2003-00157) RECORDING REd'SeED BY DOC NO. 2ee 1 e547476 3: t 2/e3/e 1 CI~ OF ~CHO CUCAMONGA P.O. Box807 1~ ~ ~ ~ ~ ~l~la~0~ ~ncho Cucamenga, CA 91729 PS FEE &~F ~S ~ ~ ~T ~V kDO NM I ~B ~ PC~ 5__ 6 (S~ce ~ove ~, ~o~ ST ~ S~ GT~0 ~S T~ ~ ~aG FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 00-07 THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 00-02 ('First Amendment") is entered into by and between THE CITY OF RANCHO CUCAMONGA, a municipal corporation (the "City"), and RANCHO ETIWANDA 685, LLC, a Delaware limited liability company ("RE685") (collectively, the 'Parties"), with reference 1o the following facts and objectives: RECITALS A. On November 29, 2000, the City and U.C.P., Inc., entered into a Development Agreement ('Development Agreement") regarding development of structures (the 'Project") on that certain property (the 'Property") described in Exhibit 'A" of the Development Agreement and incorporated herein by this reference. B. On December 22, 2000, Development Agreement No. 00-02 ('Development Agreement") became effective upon recordation by the City. The Development Agreement was recorded In the official records of San Bemardino County, Stats of California, as Instrument No, 20-000472811. C. The Development Agreement set forth specific rules and regulations, permitting procedures, land use entitlements, and other design and infrasthJCtUre specifications regarding the development of the Property. D. On April 3, 2001, U.C.P., Inc, declared its intent to assign its interest in the Development Agreement to RE685, a related entity, which assignme,-~t was approved by the City on April 18, 2001. U.C.P., Inc. and RE685, shortly thereafter, entered into a Purchase and Sale Agreement of Real Property concerning the Property. E. The City and RE685 now jointly desire to amend the provisions of the Development Agreement as set forth herein wilh regard to certain circulation issues, timing of development and fees, and the general management of the Project site, F. This First Amendment to the Development Agreement is consistent with the City of Rancho Cucamonga's General Plan and Specific Plan, as each have been amended, and each of its elements, and will serve to implement the policies, objectives and standards of each element of those documents. G. All actions taken by the City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act, Public Resources Cede Section 21000, et. seq., and all requirements for notice, public hearings, findings, votes and other procedural matters. FIRST AMENDMENT TO DA 00-02 CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC October 17, 200% . Page 2 H. The Development Agreement, together with this First Amendment, and the consent of Parties 1o each of its terms and conditions will eliminate uncertainty in planning and provide for the ordedy development of the Property, eliminate uncertainty about the validity of exactions imposed by the City, ensure timely installation of necessary improvements, provide for public services approprJate to the development of the Project, and generally serve the public interest. I. The Parties hereby acknowledge compliance with Section 5(D)(6) of the Development Agreement regarding amendments and/or modifications to Development Agreement 00-02. The Parties will seek the written consent of each Mortgagee to said Development Agreement prior to the execution of this First Amendment. The Parties agree not to modify or amend this Development Agreement unless they receive written consent of all Mortgagees to the Development Agreement. .AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this First Amendment to Development Agreement 00-02, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Section 2(c)(9Xc)(iii) of the Development Agreement shall be amended to read as fotiows: 'q'raffic signals shall be installed on Day Creek Boulevard at its intersections with Wilson Avenue, Banyan Avenue, and Vintage Drive. The traffic signal at the intersection of Banyan Street and Day Creek Boulevard shall be installed prior to the issuance of the two-hundred and fiftieth (250a) building permit or earlier if determined to be warranted by the City Engineer. The other traffic signals shall be installed by the end of the Project development, or earlier if determined to be warranted by the City Engineer.' 2. Section 2(C)(9)(cXvii) of the Development Agreement shall be amended to read as follows: "Wilson Avenue shall be open to public traffic, but not necessarily fully improved, prior to issuance of the two-hundred and fiftieth (250~) residential building permit, or when otherwise determined to be warranted by the City Engineer, whichever occurs first.' 3. Section 2(C)(9)(c)(viii) of the Development Agreement shati be amended to read as follows: 'Preperty Owner shall construct Day Creek Boulevard from State Route 30 to Vintage Avenue, as depicted on Exhibit 'F'. Such construction shall be completed prior to the issuance of the two-hundredth (200th) residential building permit, or the finalization of the one-hundredth (100.h) residential building permit, whichever shall occur first. The Parties hereby acknowledge this construction cannot be completed without the cooperation of third parties who own the properties on the west side of Day Creek Boulevard above Route 30 or by condemnation of a right-of-way along these properties. If, for any reason outside the control of the City and the Property Owner, Property Owner cannot timely complete the construction of this portion of Day Creek Boulevard, then Property Owner shall be entitled to deposit with the City a sum of cash, or letter of credit equal to two-hundred percent (200%) of the projected actual costs, either total or partial, of such construction in full and complete satisfaction of its obligation, and to be relieved 11231\0001\670337.1 FIRST AMENDMENT TO DA 00-02 CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC October 17, 2001.. Page 3 of any further restrictions on the issuance of building permits. If the City is required to construct these improvements because of the Property Owner's failure or inability to do so, then the Property Owner shall be entitled to an accounting for the use of funds by the City to complete the consb'uction and to a refund of monies not used for such construction." 4. Section 2(D)(1)(a) of the Development Agreement shall be amended to read as follows: 'Property Owner agrees to construct Banyan Avenue to Rochester Avenue prior to Ihe issuance of the two-hundredth (200th) building permit. If Property Owner fails to do so. Property Owner shall post a cash deposit, or letter of credit in the amount of two hundred percent (200%) of the value of the completion of the extension of Banyan Avenue. Property owner further agrees to promptly make such improvements for acceptance by the City Engineer before the issuance of any building permit for each housing unit over and above two hundred (200) units. However, if, for any reason not within the control of the City or the Property Owner, the City cannot obtain the Permits so that Property Owner can complete the improvements prior to the issuance of the building permit for the one-hundred and first such unit, Property Owner shall be entitled to either deposit with the City a sum of cash, or letter of credit equal to two-hundred percent (200%) of the projected actual cast, either total or partial, of the construction of the improvements in full and complete satisfaction of its obligation, and to be relieved of any further restrictions on the issuance of building permits. If the City is required to construct these improvements because of the Property Owner's failure or inability to do so, then Property Owner sh~ll be entitled to an accounting for the City's use of the funds to complete the improvements, and to a refund o! monies not used for such improvements.' 5. Section 2(D)(1)(b) of the Development Agreement shall be amended to read as follows: "Property Owner agrees to construct Day Creek Boulevard nerth to Wilson Avenue concun'ently with Phase 1 (as dera3ed in the Revised University Entitlements) and that such improvements shall be substantially complete prior to the issuance of the two-h~,undredth (200~h) residential building permit, or the finalization of the one-hundredth (100) building permit, whichever shall occur first. The City agrees to promptly process all applications and permits consistent with ils usual and customary procedures. Strcetscape improvements from the curb will be constructed as development of the adjacent tracts occurs." 6. Section 2(D)(2) of the Development Agreement shall be amended to read as follows: "Property Owner agrees to construct the Park (as defined in the Revised University Project EntitJements), and such construction shaJl be substantially complete no later than the issuance of the three.hundredth (300~) building permit in the Project. The Park site shall be in substantial conformity with the depiction on Exhibit ~S' as well as in conformance with ADA standards, except that the Parties agree that the Park will be constructed with up to four (4) lit basketball courts and two (2) lit ball fields. The Parties agree that the product specifications for the Park amenities are listed on Exhibits "S-I" through ~S-2" and that such amenities shall conform to City standards. The quantities and sizes of the amenities and materials shall be as depicted on Exhibit ~S-3" and any 11231\0001\670337.1 3 - FIRST AMENDMENT TO DA 00-02 CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC Octoberl7,200~ · Page 4 remaining issues shall conform lo City standards. The Parties agree that the Property Owner shall be required to have all homeowners within the Project sign an acknowledgment form (the 'form") regarding the Park. The form shall be reviewed and approved by the City Planner and City Engineer prior to the issuance of the first building permit. The City agrees to promptly process all applications and permits consistent with its usual and customary procedures, The City agrees that through dedication of 10 acres and construction of the Park, Property Owner w~l exceed, through its construction costa, all requirements of the City's parks fees and applicable standards. The City waives any requirement for payment of a Park fee against the Revised University Project. Property Owner shall dedicate the Park to the City and the City shall accept the dedication promptly upon completion. The City resen~es the dght to name the Park.' 7. Section ~(Ji~s i~reby amelided to incJude a new subsection (4) entitled: "Third Party Contract Planner". to read as I=ollows: 'The Property Owner has requested the sen. ices of a contract planner to assist and othem/ise specifically work on the Project. The Parties hereby agree that a third- party contract planner may be retained by the City provided that the Property Owner deposit a minimum of one-hundred thousand dollars ($100,000.00) per year for a period of two years to fund a minimum of one-thousand (1,000) hours per year of services by such third-party contract planner. The Property Owner further agrees to deposit said amount within ten (10) days from the effective date of this First Amendment to Development Agreement 00-088, as executed by the parties.' 8. Section 2(J) is hereby amended to include a new subsection (5) entitled: 'Cooperation Among the Parties", to read as follows: 'The Parties hereby acknowledge and agree that the Property Owner and City Staff shall hold regular bi-weeldy meetings regarding the status of Project. including but not limited to. construction deadlines, completion of off-site improvements, and other development activities concerning the Project." g. The Property Owner agrees to pay all costs, expenses, resultant charges, and damages, including but not limited to attorney's fees and the cost of any additional mitigation measures or project revisions determined by a final judgment by a court of competant jurisdiction to be required under the California Environmental Quality Act ("CEQA') or State CEQA Guidelines, incurred by or imposed upon City as a result of any litigation atlacking this First Amendment, the approval of said First Amendment, or any other aspect of the Project. 10. Upon execution of this First Amendment, City shall promptly arrange for its recordation as provided in Government Code Section 65868.5. Failure to record this First Amendment within the time period provided for in Section 65868.5 shall not affect its validJty or enforceability amongst the Parties hereto. 11. The Development Agreement. as amended by this First Amendment, sets forth and contains the entire understanding and agreement of the parties. There are no oral or written representations, understandings, undertakings, or agreements that are not contained er expressly refen'ed to in these documents, and any such representations, understandings, or agreements are superseded by the Agreement, as amended by this First Amendment. No evidence of any such representations, understandings, or agreements shall be admissible in any proceeding of any kind or nature relating to the terms or conditions of the Agreement, as amended by this First Amendment, its interpretation, or breach. 11231\0001\670337.1 ..; ' FIRST AMENDMENT TO DA 00-02 CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC October 17, 2001. , Page 5 12. The person or persons executing this First Amendment on behalf of the parties to the First Amendment warrant and represent that they have the authority to bind the parties to the performance of their obligations hereunder. 13. Except as set forlh in this First Amendment, all provisions of the Development Agreement shall remain unchanged and in full force and effecL IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Development Agreement on the day and year set forth below. CITY OF RANCHO CUe~G/V'~/~i ' - City ^.P.OVED ^S TO FORM By: ~/¢~City Atfomey PROPERTY OWNER By: Rancho Etiwanda 685, LLC 5109 La Palma, Suite D Anaheim Hills, California 92807 By: By: . .,. Date: ~ - FIRST AMENDMENT TO DA 00-02 CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC October 17, 2001 Page 6 By: Date: ~ts: ~:)_~n'~r' ~ ~ 8¥: ¥o$$, ~ook & ~ol, ,~: ~.~~ ._...:,~h~ ..... 11231\0001\670337.1 CALIFORNIA. ALL-PURPOSE ACKNOWLEDGMENT State of California Coun, of se. On \O-- I"l--OI, berorer, e pemonally ap~amd ~emonally known to me to ~ the ~ whose ' subscribed to the rwlth~n ~nstrument and a~nowledged to me that ~x~ ~~ tMme in ~ authorized ~ and that ~ ~ ~ ~ cou~ ~ - ~ ~ acted, executed the instmme~. WITNESS mY hand and off~ Thigh ~e in--alien below is ~t ~ui~ by law, ~ may prove valuate to ~ons m~ng on the end ~uld p~nt f=udulent removal and ma~ach~nt of this ~ to ano~ d~ument. Description ofA~ched~nt _ _ t r ~ ~ ~ ~tle or Ty~ of Do~nt: ~~ 4. g~ _ ~cum~tDate: X~~--Ox ~'~ ..... ~u;;e~fP;ges:~~'' Signer(s) ~er ~an Named ~ve: Signer's Name: ' - - D Individual T~ el Ihumb h~e D Pa~er-- D Limit~ D ~neral D A~omey in Fa~ D Tmst~ ~ Gua~ian ~ ~nse~ator ~Oth~ Signer Is Repmsenting:~ ~ ( gm r~EL[~ ~4 STATE Of CALIFORNIA ) COUNTY Of SAN BERNARDINO ) ss. On October 18, 2001, before me, KATHRYN L. SCOTT, Deputy · City Clerk ofthe-City.of-Ra,cho-Cuc~i.ongaT, personally'appearedWlt-LIANI-- J. ALEXANDER and DEBRA J. ADAMS, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. TH YN L. SCOTT Deputy Cig Clerk ~ City of Rancho Cucamonga /75 Rancho Etiwanda 685, LLC 5109 E La Palina, Suite D, Anaheim, CA 92807 714-693-6700 Fax 714-693-6730 February l0,2003 Ms. Debra Meier City of Rancho Cucamonga 10400 Civic Center Drive Rancho Cueamonga, CA Regarding: Annual Review and Proposed Amendment to DA00-02 Dear Ms. Meier: As a foilow up to my letter of August 28, 2002 1 am updating the status of the construction items required in DA 00-02. Also, please consider this letter our request to amend Sections 2(c)(9)(c)(iii), Section 2 (d)(1)(a) and Section 2 (d)(2) of the Development Agreement. Section 2(c)(9)(c)(iii) deals with the installation of traffic signals. Edison is turning power on at the signal locations. Final installation will occor after the sites are hot. The estimated time frame for completion is March 1st. We are requesting a change fi'om 250 to 400 building permits. Section 2 (d)(1)(a) deals with the construction of Banyan Ave. we~ to Rochester. All pemfits have been secured and the pre-construction meeting was held 2-5-03. Storm drain pipe has been ordered, site clearing has begun and completion of the roadway is estimated to be June 1st. We are requesting an increase to 500 building permits prior to the posting of a letter of credit or cash for this improvement. This increase would still leave 192 lots with a value exceeding $19 million as security for the completion of the work. Section 2 (d)(2) deals with the timing of the park construction. The park is getting close to planting, a six week weed eradication program is expected to start soon with hydro-seeding scheduled for early May. We are requesting a change to this Section fxom 300 to 500 building permits. All other conditions related to construction and building permit limits have been satisfied. Thank you for your help in this matter. Sincerely, Project Manager Rancho Etiwanda 685, LLC 5109 E. La Palma, Suite D OC/. 08 Anaheim, Ca 92807 August 28, 2002 Cathy Johnson, Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive " Rancho Cucamonga, Ca 91730 Re: Annual Review and Proposed Amendment to DA 00-02 Dear Ms. Johnson, In anticipation of our upcoming annual review of Development Agreement No. 00-02 1 am listing below the significant conslxucticrn milestone that remain and the status of ench item as it pertains to the Development Agreement. I hope the City will agree we are making significant progress in satisfying each of the items, as we are requesting an Amendment to cover Sections 2 (c)(9)(e)(iii) and Section 2 (d)(1)(a) of the agreement. Section 2 (c)(9)(c)(iii) deals with the installation of traffic signals. We would like to amend this provision to the earlier of 300 permits or 100 finalized permits. The plans for these signals are in 3~ plan check. Section 2 (d)(1)(a) deals with the construction of Benyan Ave. westerly to Rochester Ave. We would like to request that no Letter of Credit or cash deposit be required until the 400th building permit. The construction plans have been approved by the city and a bond has been posted. We currently have 100% of the estimated cost set aside in a builder holdback account. Posting a two hundred percent letter of credit or cash at this time would mean over Three million dollars would be unavailable for other construction. Delaying this security requirement will not adversely affect the timing of the construction of Banyan. Status of Maior Construction Conditions 1. Traffic Signals - The plans are in 3~a plan check. Signal equipment will be ordered as soon as plans are approved. The Banyan Day Creek is required by the 250th permit. We are proposing that this be amended to read 300th permit or 100t~ finalized pemfit (occupancy). 2. Wilson Ave. from Day Creek to Bluegrass - The south two lanes are open and the condition is satisfied \) tJ /77 3. Day Creek from freeway to Vintage - Open and the condition is satisfied. 4. Banyan Westerly Rochester - Plans have been approved by The City and a bond has been posted. Clearance has been given to C.C.W.D. by flood control and we are attempting to get the same. We are ready to begin and have started bid process. 5. Day Creek to Wilson - Open and condition is satisfied. 6. Park- The Park is due to be complete in October. There have been delays due to field changes. I hope this summary assist in the preparations of your annual review. If you have any questions please feel free to call me. Sincerely, Project Manger Cc:Mr. Brace Elieff Mr. Todd Kurtin THE CITY OF ~AN CliO C UCAM 0 NGA DATE: February 3, 2003 TO: Brad Buller, City Planner cc: Dan,J~mes, Senior Civil Engineer rO'Neil, City Engineer FROM: ~/'La~ Henderson, Principal Planner ri BY: J! Debra Meier, AIOP, Associate Planner~ SUBJECT: SECOND ANNUAL REVIEW OF DEVELOPMENT AGREEMENT 00-02 - RANCHO ETIWANDA 685, LLC. - The Development Agreement was approved by the City Council on August 16, 2000 between the City and UCP Inc. for the purpose of developing approximately 250-acres with up to 685 residential lots and commercial areas, generally located north of Highland Avenue, between Day Creek Channel and Hanley Avenue. Pertaining to Tract Map Numbers 14493 through 14498, 14523. 15838, and 15902. BACKGROUND: On November 29, 2000 the City and UCP, Inc. entered into a Development Agreement which set forth specific rules, regulations, permitting procedures, land use entitlements, and other design and infrastructure specifications for the development of the project referred to as Rancho Etiwanda. The Development Agreement was recorded on December 22, 2000 in the official records of the County of San Bernardino. On April 3, 2001, UCP, Inc. declared its intent to assign its interest in the Development Agreement to Rancho Etiwanda 685, LLC (RE685), a related entity; the assignment was approved by the City Council on April 18, 2001. Subsequently on September 16, 2001 the City Council further approved the partial assignment of interest for portions of the project to vadous home builders for individual tracts within the project. On October 16, 2001 RC685 and the City amended the provisions of the Development Agreement with regard to certain circulation issues, timing of .development and fees, and the general management of the Project site. Those modifications are summarized below: MEMO R AN D U M FEBRUARY 3, 2003 PAGE 2 Section 2(C)(9)(c)(iii): Tra~c signals shall be installed on Day Creek Boulevard at its intersections with Wilson Avenue, Banyan Avenue, and Vintage Drive. The traffic signal at the intersection of Banyan Avenue and Day Creek Boulevard shall be installed prior to the issuance of the 250~h building permit or earlier if determined to be warranted by the City Engineer. The other tra~c signals shall be installed by the end of the Project development, or earlier if determined to be warranted by the City Engineer. Section 2(C)(9)(c)(vii): Wilson avenue shall be open to public traffic, but not necessarily fully improved, prior to issuance of the 250~ residential building permit, or otherwise determined to be warranted by the City Engineer, whichever occurs f/rsL Section 2(C)(9)(c)(viiJ): Property owner shall construct Day Creek Boulevard from SR30(210) to Vintage Drive, as depicted on Exhibit F. Such construction shall be completed prior to the issuance of the 20~ residential building permit or the Ifnalization of the lOOt~ residential building permit, whichever shall occur §rst. The Parties hereby acknowledge this construction cannot be completed without the cooperation of third parties who own the properties on the west side of Day Creek Boulevard above SR30(210) or by condemnation of a right-of-way along these properties .... Section 2(D)(1)(a): Property Owner agrees to construct Banyan Avenue to Rochester Avenue prior to the issuance of the 200~ building permit. If property owner fails to do so, Property Owner shall post a cash deposit, or letter of credit, in the amount of 200% of the value of the completion of the extension of Banyan Avenue .... Section 2(D)(1)(b): Property owner agrees to construct Day Creek Boulevard north to Wilson Avenue concurrently with Phase I (as det~ned by the Revised University Entitlements) and that such improvements shall be substantially complete prior to the issuance of the 200~ residential building permit, or the tTnalization of the I00~ building permit, whichever occurs tTrst .... Section 2(D)(2): Property Owner agrees to construct the Park (as de§ned by the Revised University Project Entitlements), and such construction shall be substantially complete no later than the issuance of the 300~h building permit in the Project.... Section 2(J) was amended to include a new subsection (4) entitled "Third Party Contract Planner". Section 2(J) was also amended to include a new subsection (5) entitled "Cooperation Among the Parties". On October 17, 2001 the City Planner prepared the First Annual Review of the Development Agreement. -2- MEMORANDUM FEBRUARY 3, 2003 PAGE 3 CURRENT STATUS DEVELOPMENT ACTIVITY AND THE KEY POINTS OF THE DEVELOPMENT AGREEMENT FOR RANCHO ETIWANDA (actions in BOLD print were included in the First Amendment to the Development Agreement): SECTION 2.C. DESIGN AND INFRASTRUCTURE ISSUES Section 2(C)(2): Day Creek Boulevard Streetscapes The Day Creek Boulevard streetscapes are under-construction at this time. The design is consistent with the Day Creek Boulevard Streetscape Master Plan south of the freeway, as requested in the Development Agreement. This satisfies the requirements of the Development Agreement. Section 2(C)(3): Banyan/Summit Avenue from SCE Easement to Rochester Avenue Plans are approved, the SBCFCD permits have been received. The applicant is ready to begin construction upon completion of City Public Works Construction permits. The construction of Banyan between the west property boundary and Rochester is anticipated to take six-months. This aspect of the Banyan Avenue improvements, pertaining to the development of construction drawings and plans, in coordination with the City, satisfies the requirements of this section of the Development Agreement. Section 2(C)(6): Area H - Surplus SCE Land Adjacent to Intermediate School Site Tentative Tract 15982 is in the City Development Review Process in a form essentially as depicted in the Development Agreement Exhibit K. This satisfies the requirements of the Development Agreement. Section 2(C)(7): Area I - Etiwanda School Distdct Property at Intermediate School Site Tentative Tract 16100 was approved by the Planning Commission in January 2002, essentially as depicted in the Development Agreembnt Exhibit K. This satisfies the requirements of the Development Agreement. Section 2(C)(8): Paseos The proposed paseo access points, which provide trail access to the SCE corridor along the west boundary of the project, was reviewed and accepted by the City Trails Committee on September'12, 2001. This satisfies the requirements of the Development Agreement. Section (2)(C)(9)(a): Hanson Aggregates Access for Hanson Aggregates has been accommodated throughout construction. At this time Hanson Aggregate vehicles use Banyan Avenue to Day Creek Boulevard to access the freeway. All homebuilders are required to disclose to potential buyers this truck routing. This satisfies the requirements of the Development Agreement. -3- MEMORANDUM FEBRUARY 3, 2003 PAGE 4 Section (2)(C)(9)(b): Transportation Fee/Traffic Impact Analysis Transportation improvements are under-construction. Documentation addressing cost and reimbursement requests would be submitted by the project proponent as eligible improvements are complete. Section (2)(C)(9)(c)(i/ii): Hanley Avenue Hanley Avenue (aka Blue Grass Avenue) is open from Banyan north to Wilson. Curb has been installed along the entire west side. Sidewalk has been installed on the west side from Banyan along the school site. The remainder of the parkway improvements along the west side are pending further construction. Improvements on the east side of the street will be limited to the intersection with Wilson Avenue, southerly to the first intersection. This satisfies the requirements of the Development Agreement. Section (2)(C)(9)(c)(iii): Traffic Signals No traffic signals have been actuated to date. However, the wiring and hardware has been completed; poles and lights can be installed immediately as directed by the City Traffic Engineer. The at Day Creek/Banyan was to be installed prior to the issuance of the 250~signal permit; other signals shall be installed by the end of project development, or earlier as directed by the'City Engineer. Approximately 269 building permits have been issued as of 01/14/2003 with approval by the City Engineer. The signal at Day Creek/Banyan should be actuated as soon as possible unless directed otherwise by the City Engineer, in order to fully satisfy the requirements of the Development Agreement. Section (2)(C)(9)(c)(iv): Day Creek Boulevard Median The Day Creek Boulevard median is under-construction as .of this date. With completion of the construction, the requirements of the Development Agreement will be satisfied. Section (2)(C)(9)(c)(vi/vii): Wilson Avenue Wilson Avenue is open to through traffic from Day Creek through to Etiwanda Avenue. Two-lanes are being used between Day Creek Boulevard and Hanley; the median and the north side of the street are under-construction at this time. This satisfies the requirements of the Development AgreemenL Section (2)(C)(9)(c)(viii): Day Creek Boulevard - from SR 210 to Vintage Avenue Day Creek Boulevard is open to through traffic from the freeway interchange through Vintage Avenue. However, parkway and median improvements continue under-construction. -4- M E M O R A N D U M F E B R U A R Y 3, 2003 pAGE 5 The Development Agreement states that the improvements shaft be "completed prior to the issuance of the 250~h residential building permit". Therefore, although the street is open to through traffic, the street improvements are not "complete", as construction of the median and parkways continues. However, the City acknowledges that the intent of the Development Agreement is currently being meet, so long as construction continues. Section (2)(C)(9)(d): Reimbursement from City Street Improvement Deposits Transportation improvements are under-construction. Documentation addressing cost and reimbursement requests would be submitted by the project proponent as eligible improvements are complete. Section (2)(C)(9)(d): Storm Drains The storm drains and any related fees, was resolved to the satisfaction of the City Engineer and the project proponent prior to the recordation of the final maps. No further action is required. SECTION 2.D. TIMING OF DEVELOPMENT AND FEES Section (2)(D)(1)(a): Banyan/Summit Avenue - Extension to Rochester Avenue Banyan Avenue is open from east of Hanley Avenue to the SCE corridor. 'The final connection-from~~dor~hrough to R ' to begin any day. Permits from SBCFCD have been received. The applicant is ready to begin construction upon completion of City Public Works Construction permits. The construction of Banyan between the west property boundary and Rochester is anticipated to take six-months. The Banyan Avenue connection to Rochester Avenue is required prior to the issuance of the 200~ building permit. As previously noted, with the approval of the City Engineer, we have currently issued 269 permits. In order to satisfy the requirements of the Development Agreement, the project proponent should establish a cash deposit or letter of credit in the amount of 200% of the value of completing the extension of Banyan Avenue. The applicant has also suggest'ed consideration of a Second Amendment to the Development Agreement to establish a building permit threshold of 450 permits for the completion of the Banyan Avenue Extension. Alternatively, it has also been suggested that perhaps we consider using the Certificate of Compliance as an acknowledgement that Banyan Avenue is under- construction; and, so long as construction is continuous, the acknowledgement then may allow 'the City Planner and the City Engineer could agree to allow additional building permits to be issued. -5- M E M O R A N D U M FEBRUARY 3, 2003 PAGE 6 The City Engineer and the City Planner should confer and agree on the preferred approach. Section (2)(D)(l)(b): Day Creek Boulevard - to Wilson Avenue Banyan Avenue is open to through traffic from the freeway interchange to Wilson Avenue. However, parkway and median improvements continue under- construction. The Development Agreement states that the improvements shell be 'substantially complete prior to the issuance of the 200~ residential building permit: Therefore, although the street is open to through traf~c, the street improvements are not complete. However, the City acknowledges that the intent of the Development Agreement is currently being meet, so long as construction continues. Section,(2)(D)(2): Park Site The Park site is currently under-construction. The Development Agreement indicated that the Park shall be "substantially complete" prior to the issuance of the 300th building permit for the project; as previously noted 269 building permits have been issued for the project. So long as construction at the park continues at a steady pace, the finding of "substantial completion" will be maintained as specified by the Development Agreement. The issuance of further permits could be withheld at the discretion of the City Engineer, if progress is not continuous. Section (2)(K): Creation of the LMD The creation of the LMD is complete. No further action is required. -6- M E M O R A N O U M FEBRUARY 3, 2003 PAGE 7 SUMMARY OF RECOMMENDED ACTIONS: Section (2)(C)(9)(c)(iii): Traffic Signals The signal at Day Creek/Banyan should be actuated as soon as possible unless directed otherwise by the City Engineer, in order to fully satisfy the requirements of the Development Agreement. Section (2)(C)(9)(c)(viii): Day Creek Boulevard - from SR 210 to Vintage Avenue The Development Agreement states that the improvements shall be "completed pdor to the issuance of the 250~h residential building permit". Therefore, although the street is open to through traffic, the street improvements are not "complete", as construction of the median and parkways continues. However, the City acknowledges that the intent of the Development Agreement is currently being meet, so long as construction continues. Section (2)(D)(1)(a): Banyan/Summit Avenue - Extension to Rochester Avenue The Banyan Avenue connection to Rochester Avenue is required prior to the issuance of the 20~h building permit. As previously noted, with the approval of the City Engineer, we have currently issued 269 permits. In order to satisfy the requirements of the Development Agreement, the project proponent should establish a cash deposit or letter of credit in the amount of 200% of the value of completing the extension of Banyan Avenue. The applicant has also suggested consideration of a Second Amendment to the Development Agreement to establish a building permit threshold of at least 450 permits for the completion of the Banyan Avenue Extension. Alternatively, it has also been suggested that perhaps we consider using the Certificate of Compliance as an acknowledgement that Banyan Avenue is under-construction; and, so long as construction is continuous, the acknowledgement then may allow the City Planner and the City Engineer could agree to allow additional building permits to be issued. The City Engineer and the City Planner should confer and agree on the preferred approach. , Section (2)(D)(1)(b): Day Creek Boulevard - to Wilson Avenue The Development Agreement states that the improvements shall be "substantially complete prior to the issuance of the 200~h residential building permit". Therefore, although the street is open to through traffic, the street improvements are not complete. However, the City acknowledges that the intent of the Development Agreement is currently being meet, so long as construction continues. -7- M E M O R A N D U M FEBRUARY 3, 2003 PAGE 8 Section (2)(D)(2): Park Site So long as construction at the park continues at a steady pace, the finding of "substantial completion" will be maintained as specified by the Development Agreement. The issuance of further permits could be withheld at he discretion of the City Engineer, if progress is not continuous. -8- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P.O. Box 807 Rancho Cucamonga, CA 91729 (Space Above This Line For Recorder's Use Only) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 00-02 THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 00-02 ("Second Amendment") is entered into by and between THE CITY OF RANCHO CUCAMONGA, a municipal corporation .(the "City"), and RANCHO ETIWANDA 685, LLC, a Delaware limited liability company ("RE685") (collectively, the "Parties"), with reference to the following facts and objectives: RECITALS A. On November 29, 2000, the City and U.C.P., Inc., entered into a Development Agreement ("Development Agreement") regarding development of structures (the "Project") on that certain property (the "Property") described in Exhibit "A" of the Development Agreement and incorporated herein by this reference. B. On December 22, 2000, Development Agreement No. 00-02 ("Development Agreement") became effective upon recordation by the City. The Development Agreement was recorded in the official records of San Bemardino County, State of Califomia, as Instrument No. 20-000472811. C. The Development Agreement set forth specific rules and regulations, permitting procedures, land use entitlements, and other design and infrastructure specifications regarding the development of the Property. D. On April 3, 2001, U.C.P., Inc. declared its intent to assign its interest in the Development Agreement to Rancho Etiwanda 685, LLC ("RE685"), a related entity, which assignment was approved by the City on April 18, 2001. U.C.P., Inc. and RE685, shortly thereafter, entered into a Purchase and Sale Agreement of Real Property concerning the Property. E. On October16, 2001, the City amended the provisions of the Development Agreement through the approval of the First Amendment to Development Agreement 00-02 ("First Amendment") with regard to certain circulation issues, timing of development and fees, and the general management of the project site. 11231\0001\723328.1 F. The City and RE685 now jointly desire to further amend the provisions of the Development Agreement as set forth herein with regard to certain circulation issues and timing of development. G. This Second Amendment to the Development Agreement is consistent with the City of Rancho Cucamonga's General Plan and Specific Plan, as each have been amended, and each of its elements, and will serve to implement the policies, objectives and standards of each element, of those documents. H. All actions taken by the City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act, Public Resources Code Section 21000, et. seq., and all requirements for notice, public hearings, findings, votes and other procedural matters. I. The Development Agreement, together with this Second Amendment, and the consent of Parties to each of its terms and conditions will eliminate uncertainty in planning and provide for the ordedy development of the Property, eliminate uncertainty about the validity of exactions imposed by the City, ensure timely installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the public interest. J. The Parties hereby acknowledge compliance with Section 5(D)(6) of the Development Agreement regarding amendments and/or modifications to Development Agreement 00-02. The Parties will seek the written consent of each Mortgagee to said Development Agreement prior to the execution of this Second Amendment. The Parties agree not to modify or amend this Development Agreement unless they receive written consent of all Mortgagees to the Development Agreement. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Second Amendment to Development Agreement 00-02, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Section 2(C)(9)(c)(iii) of the Development Agreement shall be amended to read as follows: "Traffic signals shall be installed on Day Creek Boulevard at its intersections with Wilson Avenue, Banyan Avenue, and Vintage Drive. The traffic signal at the intersection of Banyan Avenue and Day Creek Boulevard shall be installed prior to the issuance of the four hundredth (400~h) building permit or earlier if possible. The other traffic signals shall be installed by the end of the Project development, or earlier if determined to be warranted by the City Engineer." 2. Section 2(D)(1)(a) of the Development Agreement shall be amended to read as follows: 11231\0001\723328.1 "Property Owner agrees to construct Banyan Avenue to Rochester Avenue prior to the issuance of the five hundredth (500"~) building permit. However, if, for any reason not within the control of the City or the Property Owner, the City cannot obtain the Permits so that Property Owner can complete the improvements prior to the issuance of the building permit for the five hundredth (SOOth) such unit, Property Owner shall be entitled to either deposit with the City a sum of cash or letter of credit equal to two-hundred percent (200%) of the projected actual cost, either total or partial, of the construction of the improvements in full and complete satisfaction of its obligation, and to be relieved of any further restrictions on the issuance of building permits. If the City is required to construct these improvements because of the Property Owner's failure or inability to do so, then Property Owner shall be entitled to an accounting for the City's use of the funds to complete the improvements, and to a refund of monies not used for such improvements." 3. Section 2(D)(2) of the Development Agreement shall be amended to read as follows: "Property Owner agrees to construct the Park (as defined in the Revised University Project Entitlements), and such construction shall be substantially complete no later than the issuance of the five hundredth (500th) building permit in the Project. The Park site shall be in substantial conformity with the depiction on Exhibit "S" as well as in conformance with ADA standards, except that the Parties agree that the Park will be constructed with up to four (4) lit basketball courts and two (2) lit bali fields. The Parties agree that the product specifications for the Park amenities are listed on Exhibits "S-l" through "S-2" and that such amenities shall conform to City standards. The quantities and sizes of the amenities and materials shall be as depicted on Exhibit "S-3" and any remaining issues shall conform to City standards. The Parties agree that the Property Owner shall be required to have all homeowners within the Project sign an acknowledgment form (the "form") regarding the Park. The form shall be reviewed and approved by the City Planner and City Engineer prior to the issuance of the first building permit. The City agrees to promptly process all applications and permits consistent with its usual and customary procedures. The City agrees that through dedication of 10 acres and construction of the Park, Property Owner will exceed, through its construction costs, all requirements of the City's parks fees and applicable standards. The City waives any requirement for payment of a Park fee against the Revised University Project. Property Owner shall dedicate the Park to the City and the City shall accept the dedication promptly upon completion. The City reserves the right to name the Park." 4. The Property Owner agrees to pay ail costs, expenses, resultant charges, and damages, including but not limited to attorney's fees and the cost of any additional mitigation measures or project revisions determined by a final judgment by a court of competent jurisdiction to be required under the California Environmental Quality Act ("CEQA') or State CEQA Guidelines, incurred by or imposed upon City as a result of any litigation attacking this Second Amendment, the approval of said Second Amendment, or any other aspect of the Project. 5. Upon execution of this Second Amendment, City shall promptly arrange for its recordation as provided in Government Code Section 65868.5. Failure to record this 11231\0001\723328.1 Second Amendment within the time period provided for in Section 65868.5 shall not affect its validity or enforceability amongst the Parties hereto. 6. The Development Agreement, as amended by this Second Amendment, sets forth and contains the entire understanding and agreement of the parties. There are no oral or written representations, understandings, undertakings, or agreements that are not contained or expressly referred to in these documents, and any such representations, understandings, or agreements are superseded by the Agreement, as amended by this Second Amendment. No evidence of any such representations, understandings, or agreements shall be admissible in any proceeding of any kind or nature relating to the terms or conditions of the Agreement, as amended by this Second Amendment, its interpretation, or breach. 7. The person or persons executing this Second Amendment on behalf of the parties to the Second Amendment warrant and represent that they have the authority to bind the parties to the performance of their obligations hereunder. 8. Except as set forth in this Second Amendment, all provisions of the Development Agreement, as amended by the First Amendment, shall remain unchanged and in full force and effect. 11231~0001\723328.1 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Development Agreement on the day and year set forth below. CITY OF RANCHO CUCAMONGA By: Mayor Dated: ATTEST: By:. City Clerk APPROVED AS TO FORM By: City Attorney Dated:. PROPERTY OWNER By: Rancho Etiwanda 685, LLC 5109 La Palma, Suite D Anaheim Hills, California 92807 By: Authorized Agents By:. Date: Its: By: Date: Its: By: Voss, Cook & Thel, LLP By:. Date: Bruce V. Cook Attorneys for RE685, Inc. 11231\0001\723328.1 ORDINANCE NO. ?~5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 00-02 (DRC2003-00157), A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RANCHO ETIWANDA 685, LLC. FOR THE PURPOSE OF MODIFYING THE DEVELOPMENT AGREEMENT REGARDING THE TIMING OF THE CONSTRUCTION OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED NORTH OF INTERSTATE 210, EAST OF HANLEY AVENUE AND WEST OF DAY CREEK CHANN EL- TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522, 14523, 15838 AND 15902. A. Recitals. 1. California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resoumes, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resoumes at least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with the existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "Any city.., may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such properly as provided in this article ..." 3. California Government Code Section 65865.2 provides in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the Agreement." 4. Attached to this Ordinance and incorporated herein by this reference is the proposed Second Amendment to Development Agreement 00-02, concerning that property generally located north of Interstate 210, east of Day Creek Channel and west of Hanley Avenue, and as legally described in the Development Agreement 00-02. CITY COUNCIL ORDINANCE NO. DA 00-02 - RANCHO ETIWANDA 685, LLC April 16, 2003 Page 2 5. On March 26, 2003, the Planning Commission of the City of Rancho Cucamonga herd a duly noticed hearing concerning the Second Amendment to the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 03-51. 6. On April 16, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Second Amendment to the Development Agreement and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: According to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment to Development Agreement 00-02 is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states, "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the Amendment will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist on-site. A Notice of Exemption will be filed with the County Clerk of the Beard following City Council approval. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing on April 16, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The location, design, and proposed uses set forth in this Second Amendment to the Development Agreement are compatible with the character of the existing development in the vicinity. b. The Second Amendment to the Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Second Amendment to the Development Agreement. SECTION 5: This Council hereby approves the Second Amendment to Development Agreement 00-02, attached hereto. SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after passage at least once in the Inland Valley Daily Bulletin, A newspaper of general cimulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. THE CITY OF !QANCHO C~OCAMONGA DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916 - AMERICAN BEAUTY DEVELOPMENT CO. - The consideration of a request to amend the Victoria Community Plan by modifying the condition requiring on-site recreational vehicle parking within the community plan boundary. RECOMMENDATION: The Planning Commission recommends approval of the Victoria Community Plan Amendment to the City Council. BACKGROUND/ANALYSIS: At the adoption of the Victoria Community Plan (Ordinance No.287), a requirement was added where 25 pement of the single-family lots within the Low, Low-Medium and Medium Residential zones need to be wide enough to accommodate the parking of a Recreational Vehicle (RV). The condition allows the flexibility of setting aside a lot within the planned community boundary to be developed specifically for RV storage, and allows the Planning Commission to modify the pementage. In 1992, they reduced the pementage to 20 pement. As a result, a similar requirement was imposed on the Victoria Arbors Master Plan and the subdivision map. Recently, the applicant for Victoria Arbors and the applicant of a RV and Boat Storage facility met and agreed by contract to reserve the required number of spaces for the future residents of Victoria Arbors. The total number of spaces required is 135. The RV and Boat Storage facility is located at the north side of Arrow Route and west of Day Creek Channel and is within a 1-mile radius of the planned community. Because it is outside the planned community boundary, the applicant of Victoria Arbors is requesting an amendment to allow it. The proposed amendment is to modify the language of the requirement to allow a RV storage facility to be within a 1-mile radius of the planned community boundary as shown in the attached Ordinance. CITY COUNCIL PUBLIC WORKS SUBCOMMI'I-I'EE STAFF REPORT DISCUSSION OF CELL SITES WITHIN CITY PARK June 5,2002 Page 2 At the March 26th public hearing, the Planning Commission reviewed the applicant's request to amend the Victoria Community Plan, the Master Plan, the Subdivision Map, and the Development Review related to the RV and Boat Storage facility. There were no public comments opposing the proposals at the hearing. After the close of the public hearing, the Planning Commission stated they recognized that Victoria planned community is the only planning area that has the requirement of RV storage, where Terra Vista and Caryn planned communities do not have it. The Commission determined that the proposal to allow RV Storage Facility within a 1-mile radius of the planned community boundary did satisfy the requirement. The Commission believed that the conditions imposed on the RV and Boat Storage facility would insure that there would be the required number of RV spaces for the future residents of Victoria Arbors. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper and notices were mailed to all property owners within a 300-foot radius of the project site. CONCLUSION: Based on the above analysis, the Commission determined that the proposed amendment would be an asset to the City and unanimously recommended approval to the City Council. Respectfully submitted, Brad Bullet City Planner BB:N~ma Affachments: Fxhibit "A~ - Planning Commission Staff Report Dated March 26, 2005 Exhibit ~B" - Planning Commission Minutes Dated March 2~, 2003 Draft Ordinance I~ANCHO CUCAMONGA Staff Report DATE: March 26, 2003 TO:. Chairman and Members of the Planning Commission FROIVt Bred Buller, City Planner BY: Nancy FOng, AICP, Senior Planner SUBJECT: VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to amend the Victoria Community Plan by modifying the condition requiring on-site recreational vehicle parking within the community plan boundary. (Continued from March 12, 2003). MODIFICATION TO TENTATIVE TRACT 15974 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to modify the condition of approval requiring on-site recreational vehicle parking for the approved subdivision within the Victoria Arbors Master Plan of the Victoda Community Plan, generally bounded by Base Line Road, Church Street, Day Creek Channel, Foothill Boulevard, and Etiwanda Avenue - APN: 0227-161-28, 31, 33, 35, 36, and 38; 0227-171-08, 11, 12, 20, 22, 23, and 25; and 0227-211-40. (Continued from March 12, 2003). MODIFICATION TO DEVELOPMENT REVIE-W DRCDR01-04 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to modify the condition of approval requiring on-site recreational vehicle parking for the approved Victoda Arbors Master Plan of the Victoria Community Plan, generally bounded by Base Line Road, Church Street, Day Creek Channel, Foothill Boulevard, and Etiwanda Avenue - APN: 0227- 161-28, 31, 33, 35, 36, and 38; 0227-171-08, 11, 12, 20, 22, 23, and 25; 0227-201-04, 13 through 18, 22, 28 through 31, 33, and 36; and 0227-211-40. (Continued from March 12, 2003). BACKGROUND: In February of 2001, the City Council approved the Master Plan and the subdivision for Victoria Arbors. Currently, the City and the developer, through the formation of a Community Facility District, began grading and installing the major infrastructure such as drainage, utilities, and the new Day Creek Boulevard. According to the developer, the single-family portion of the Master Plan has been sold to Standard Pacific and U.S. Homes. Recently, the City received development applications for house products for several phases of the subdivision. A Condition of Approval for the Master Plan and the subdivision requires 25 percent of the lots to be able to accommodate the parking of a recreational vehicle, or set aside a lot to be developed for a recreational vehicle storage facility with spaces available for 25 percent of the lots for the Master Plan and within the planned community boundary. The developer is requesting changes to this condition, which necessitates the modifications. PLANNING COMMISSION STAFF REPORT DRC2002-00916, DRCDR01-04, TT15974 -AMERICAN BEAUTY DEV. CO. March 26, 2003 Page 2 ANALYSIS: A. Developer Request: With the size of the lots ranging from 5,300 to 5,000 square feet and the minimum 5-foot set back for intedor side yards, accommodating RV spaces on individual lots would not be feasible. The developer would have to set aside acreage for the development of a recreational vehicle storage facility within the Victoda Arbors Village. The developer has contacted the applicant of a RV and boat storage facility who is interested in setting aside the RV spaces for the future residents of Victoda Arbors Village. The facility was approved by the Planning Commission in February 2001, and is located on the north side of Arrow Route within the Edison utility corddorl west of the Day Creek Channel, approximately 1-mile away from the Victoda Arbors Village. The facility is not built yet. The developer proposes to lock in the required number of RV spaces with this facility through a contractual agreement as a means of satisfying the condition of approval for his project. The developer, therefore, requests modifying the Victoda Community Plan, the Victoda Arbors Master Plan, and Tentative Tract 15974 to allow the RV storage facility outside of the planned community B. Existin Ro,~rements: The Victoria Community Plan requires that RV storage be provided within the Low Residential, Low-Medium Residential and Medium Residential zones for 25 percent of the dwelling units. This condition was imposed by City Council Ordinance No. 287 and was intended to offset the smaller lots within the planned community. RV storage is not allowed within Medium-High or High Residential land use except in a designated RV storage lot within the planned community. The Victoria Community Plan also allows the Planning Commission to modify the percentage through an annual review. In 1992, the Planning Commission reduced the requirement from 25 percent to 20 percent. The Victoria Arbors Master Plan and the subdivision map was conditioned to have 25 percent of the lots to be able to accommodate RV parking or designate a lot for RV storage within Victoda Arbors Village. (Exhibits "A" and "B" show the language for the conditions of approval). C. Number of RV Spaces: The single-family component of the Victoria Arbors Village is zoned Mixed Use (Low-Medium Residential 4-6 units per acre) and consists of approved 555 lots. There is a parcel of laird located south of Church Street and west of Day Creek Boulevard, approximately 12 acres in size, which is planned for 4 to 10 units per acre with a maximum of 120 lots. Therefore the total number of lots for the single-family section is 675. The total number of lots required to accommodate RV parking based on 25 percent is 169. To be consistent with the 1992 Planning Commission action, staff recommends the number of lots or RV parking spaces be modified to only 135, which is 20 percent of the lots. D. Location of RV Stora.qe Facility: Should an RV storage facility be allowed to locate outside the planned community? The Victoria planned community only has one mini-warehouse and RV storage facility, which is located on the north side of Base Line Road, east of Rochester Avenue and the Edison utility corridor. To date, the City has not received any complaints from residents in the planned community that they need more RV storage facilities. If the demand for RV storage space were high, residents would use a RV storage facility if it were within a convenient distance. Staff believes that the developer's proposal to contract with a RV storage facility that is only 1-mile away is a reasonable approach in satisfying the condition of approval. Staff recommends modifying the condition to allow RV storage to be outside the planned community boundary but with a distance raquirement of a 1-mile radius for providing convenience to the residents. The discussion of how to secure the RV spaces PLANNING COMMISSION STAFF REPORT DRC2002-00916, DRCDR01-04, TT15974 - AMERICAN BEAUTY DEV. CO. March 26, 2003 Page 3 for the residents of Victoria Arbors Village is in the separate staff report for the modification of Development Review DRCDR00-17. E. Proposed Chan.qes to Conditions: The proposed changes to the conditions of approval ara as follows and shown as underlined: 1. Victoda Community Plan Ordinance No. 287 - "Recraational Vehicle storage shall be provided within each rasidential land use category of Low, Low-Medium, and Medium 'for 20 percent of the lots or units contained within those lots within the Victoda Planned Community. RV storage may be provided within the boundaries of the Victoda Planned Community, or provided by approved facilities within a 1-mile radius of the planned communi_.i.i~ boundar'z. 2. Victoria Arbors Master Plan and Tentative Tract 15974 - "Recreational Vehicle (RV) storaqe shall be provided within the Low, Low-Medium, and Medium Residential land use cateqory for 20 percent of the lots. RV storaqe may be provided in a desiqnated Community Facility lot within the Victoda Arbors Villaqe, or provided by approved facilities within a 1-mile radius of the extedor boundary of the Victoria Arbors Villaqe. F. Environmental Assessment: Staff has reviewed the proposed modifications in accordance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated; and, determined that no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared per Section 15062 of the CEQA Guidelines. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve the modifications to the Victoria Arbors Master Plan DRCDR01-04 and Tentative Tract 15974, and recommends approval of Victoria Community Plan Amendment DRC2002-00916 to the City Council. City Planner BB:NF:mlg Attachments: Exhibit "A" -Victoria Community Plan Condition Nos. 5 and 6 as amended by Ordinance No. 287 Exhibit "B" - Victoria Arbors Master Plan and Tentative Tract Conditions Draft Resolution of Approval for DRC2002-00916 Draft Resolution of Approval for SUBTT15974 Draft Resolution of Approval for DRCDR 01-04 Ord£uance Bo. 267 -I PLANNING COMMISSION RESOLUTION NO. 01-23 DR 01-04 - AMERICAN BEAUTY DEVELOPMENT COMPANY March 7, 2001 Page 6 19) Victoria Linear Park, Central Spine Street and ?pen Space, etc., shall be completed as follows: a) Victoda Park Lane/Loop Road: Full improvement at the comer of Victoria Park Lane and Base Line Road and from Base Line Road to Church Street for Phase 4 development. b)Central Spine Street (Victoria Arbor Lane): Full improvement at Phase 5 development c) Greenway paseo (letter lot).: Full improvement et Phase 4 development. d) The '~/ictoria Linear Park" connector to central spine street park shall be completed with the park impmvemanL through the . ~ e) All interior trailslpaseos connections to gmenway within the tract shall be completed with that phase of development. ' 20) The Master Plan shall have language stating that the tier of lots along Etiwanda Avenue shall comply with the develOpment and design standards contained in the Etiwanda Specifid plan; provide illustration of plotting house products for lots along Etiwande Avenue. 21) Submit a Conditional Use permit forthe house product along Etiwanda Avenue in Phase 3 development. .... j percentage with the I~ located within Victor!a..,A~_ors,~!lnge' 'To -__ 23) provide an il ustrat e desi~n en yto the winery at the inters = on of Winery Way end "P" Street, subject t° City planner Review and approval. 24) The Master Plan shall have a section of tho devel0pment review process for rasidential and commercial development. 25) Devalopment within the Victoria Arbors 'Mester plan shall use the development standards and design guideiine$ cont~ined in the Mester Plan. The applicant of a development in the master plan boundary shall not be allowad to mix, pick, or ~hooae'tho devolopment standards contained in the Victoria Community Plan and the Victoria Arbors Master Plan. .- 26) Development prop°sed above the mid-rang® of the Innovative Housing Density (7-10 dwelling units per acre), .shall atso conform to Development Code Section i7.08.040.C-H; pertaining to open space, ~ t ! amenities, and building separation. PLANNING COMMISSION RESOLUTION NO. 01-25 TT 15974 - AMERICAN BEAUTY DEVELOPMENT COMPANY March 7, 2001 Page 5 11) Stmetscape for Day Creek Boulevard shall in accordance with the Day Creek Boulevard Master Plan Design Guidelines. 12) Final design of hardscape shall be subject to City Planner and City Engineer review and approval. 13) All greenway trails shall be of fiat usable area to the extent feasible and as approved by City Planner and City Engineer. 14) East side of Day Creek Boulevard shall be designed in accordance wilh Day Creek Boulevard Master Plan. The 25-foot parkway shall be exclusive of any dght tum lane or bus bay. 15) Increase buildable area for the following lots: Lots 424 and 425 at the end of "S-S" street, Lots 438 and 459 at end of "V-V' street, and Lot 170 at the end of the knuckle of"F" street, Lots 321 and 323 at the end of "H-H" Street; Lots 226 and 223 et the knuclde of "F-F" and "H" Streets. 16) All perimeter walls shall have sizable pilaster and may require variation 'in setback, subject to City Planner review and approval.. 17) Victoria Unear Park, Central Spine Street and open space, etc., shall be .completed as follows: a) Victoria Park Lane/Loop Road: Full improvement at the comer of Victoria Park Lane and Base Line Road and from Base Line Road to Church Street for Phase 4 development. b) Central Spine Street (Victoria Arbor Lane): Full improvement at phase 5 development c) Gmenway paseo (Letter lot): Full improvement at Phase 4 development. d)The "Victoria Linear Park" connector to central spine street through the park shall be completed with the park improvement. e) All interior trails/paseos connections to gmenway within the tract shall be c°mpleted with that phased devel°pment' 18) Submit a Conditional Use Permit for the house product al°rig Etiwanda Avenue in Phase 3 development. All developme~ standards for the tier of the lots shall be in accordance with all pertinent standards in Bob Gallishaw, G & L Commemial, 206~ West 33rd Street, Newport Beach, stated they will complete all four buildings have been sold to local owners. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Tolstoy, seconded by Stewart, to issue a Negative Declaration and adopt resolution approving Parcel Map SUBTPM15902. Motion carried by the following vote: AYES: MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MACIAS - carded I. SECOND AMENDMENT TO DEVELOPMENT AGREEMENT RANCHO ETIWANDA 685, LLC. reement regarding the timing of construction of specific infrastructure im r located north of Interstate 210 between Hanley Avenue and Day Creek Chann ~ 14493 thru 14498, 14522, 14523, 15838, and 15902. Debra Meier, Associate Planner, presented the reported that the first requested change is moot because the traffic signal at Day 3oulevard and Banyan Street is now operational. Commissioner Stewart observed that the City's be met is that there will still be over 100 units Ms. Meier confirmed that was correct. Chairman McNiel opened the Jerry Gahan, LLC, 5109 East La Palina Avenue, Suite D, Anaheim, gave a brief history of the indicated Banyan Street is currently approximately 50 percent complete and they be done by early June. He stated they have put up a 200 percent cash deposit i and they also have to have money set aside to guarantee construction. He stated ' g the amendment in order to be able to have the $1.8 million cash deposit , commented the developers have been very successful and are pulling permits faster He reported they will hydro-seed the ball fields at the park in about five weeks and ~arking lot will be built last because they are using that area for construction staging. Hearin further testimony, Chairman McNiel closed the public hearing. Moved by Stewart, seconded by Tolstoy, to adopt the resolution recommending approval of Amendment to Development Agreement DA00-02. Motion carded by the following vote: MCNIEL, STEWART, TOLSTOY NOES:NONE ABSENT:MACIAS - carded J. VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to amend the Victoria Community Plan by modifying the condition requiring on-site recreational vehicle parking within the community plan boundary. Planning Commission Minutes -9- March 26, 2003 K. MODIFICATION TO TENTATIVE TRACT 15974- AMERICAN BEAUTY DEVELOPMENT CO o A request to modify the condition of approval requiring on-site recreational vehicle parking for the approved subdivision within the Victoria Arbors Master Plan of the Victoda Community Plan, generally bounded by Base Line Road, Chumh Street, Day Creek Channel, Foothill Boulevard, and Etiwanda Avenue -APN: 0227-161-28, 31, 33, 35, 36, and 38; 0227-171-08, 11, 12, 20, 22, 23, and 25; and 0227-211-40. L. MODIFICATION TO DEVELOPMENT REVIEW DRCDR01-04 - AMERICAN BEAUTY DEVELOPMENT CO - A request to modify the condition of approval requiring on-site recreational vehicle parking for the approved Victoda Arbors Master Plan of the Victoria Community Plan, generally bounded by Base Line Road, Church Street, Day Creek Channel, Foothill Boulevard, and Etiwanda Avenue -APN: 0227-161-28, 31, 33, 35, 36, and 38; 0227- 171-08, 11, 12, 20, 22, 23, and 25; 0227-201-04, 13 through 18, 22, 28 through 31,33, and 36; and 0227-211-40. M. MODIFICATION TO DEVELOPMENT REVIEW DRCDR00-17 - GUARDIAN STORAGE CENTERS - A request to modify the conditions of approval by adding a requirement to allocate approximately 135 recreational vehicle spaces for the residents within the Victoria Ad)ors Village of the Victoria Community Plan, for a storage facility located at 12050 Arrow Route - APN: 229- 021-47 Nancy Fong, Senior Planner, presented the staff report and indicated staff was suggesting some changes to the resolutions to cladfy the acreage (approximately 175 acres) and that the storage facility would give preference to Victoria residents for a minimum of 135 RV spaces. Chairman McNiel asked how the City could be sure the contract with the storage facility will continue. Ms. Fong responded that a condition requires subsequent owners to abide by the same conditions. Chairman McNiel asked what would happen if the RV storage goes out of business. Brad Buller, City Planner, noted that the Victoria planned community is the only area in the City that was conditioned to provide a minimum number of RV lots or the availability of RV storage. He said the condition had not been applied in Terra Vista or any other part of the City. He stated staff believes there are sufficient other RV storage centers available. Commissioner Stewart asked how long the storage center would hold the spaces. Ms. Fong replied that the demand for RV storage cannot be predicted. As a result, she said the storage canter will give first pdodty for storage to Victoda residents. Chairman McNiel opened the public headng. John Mordsette, American Beauty Development Company, 16830 Ventura Boulevard, Suite 401, Encino, stated they did not chose to provide RV spaces on a designated lot because the initial location selected would be right across from the mall site and they did not feel a storage center should be part of the street scene of the mall. He indicated they found three existing RV canters within close proximity and approached Guardian Storage Centers, who agreed to give priority to Victoda residents. He stated that as demand increases, Guardian has plans to expand the existing storage facility. Jim Keefe, Vice President, Secured Equities, partner in Guardian Storage Centers, 202 Michelson Drive, ltv/ne, stated Secured Equities was the odginal applicant for the RV canter and Guardian will manage it. He felt the proposal is a win/win situation. He noted the RV storage center is in the Southern California Edison easement and said they have an option on an additional 9~ acres north Planning Commission Minutes -10- March 26, 2003 of their existing site so they will be able to expand if necessary. He indicated they hope to eventually have 600-700 total spaces for RV and boat storage. He stated theywill also have enclosed spaces, but they intend to market primarily to RV and boat owners with enclosed, outside, and covered spaces. Chairman McNiel asked if he was going to be receiving rents to hold spaces for Victoria residents or if the residents would merely be waitlisted if the spaces are filled. Mr. Keefe responded they will have a separate waitlist for the Victoria residents. Mike White, Manager of Victoria Arbors, 255 East Rincon Street, Corona, supported the amendment and felt it will be good for the community. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Stewart questioned if there is a City ordinance prohibiting RV parking on the street. Brad Suller, City Planner, confirmed there is and said it limits on-street parking. Chairman McNiel reopened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, #395, Rancho Cucamonga, stated there are also other RV facilities in the works. He agreed having an RV storage facility across from the mall would not be a good location. He stated the private sector is responsive to market demands. Chairman McNiel again closed the public hearing. Commissioner Stewart was willing to support the project because staff felt comfortable and believed it was enforceable. She thought it makes more sense than having a designated RV spot across from the mall. Motion: Moved by Stewart, seconded by Tolstoy, to adopt the resolutions recommending approval of Victoria Community Plan Amendment DRC2002-00916 and approving Modification to Tentative Tract 15974, Modification to Development Review DRCDR01-04, and Modification to Development Review DRCDR00-17 with the clarification modifications suggested by staff. Motion carried by the following vote: AYES: MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MACIAS - carried NEW BUSINESS O. USE DETERMINATION DRC2003-00158 - FAZOLI'S RESTAURANT. determine that fast-food restaurants with a drive-thru are a conditionall use within the Office Park District of the Terra Vista Community Plan. Kirt Coury, Associate Planner, presented Chairman McNiel invited public Fred cook, Fred 3184-B Airway Avenue, costa Mesa stated Pasta West is the owner of Fazo He stated that Mobil owns the property and two years ago they drew ~g Commission Minutes -11- March 26, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN BY MODIFYING THE CONDITION REQUIRING ON-SITE RECREATIONAL VEHICLE PARKING WITHIN THE COMMUNITY PLAN BOUNDARY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. American Beauty Development Co. filed an application for Victoria Community Plan Amendment DRC2002-00916, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Victoria Community Plan Amendment is referred to as "the application." 2. On Mamh 12, and continued to March 26, 2003, the Planning Commission of the City of Rancho Cucamonga, after conducting a duly noticed public hearing and concluding said hearing on that date, adopted Resolution No. 03-52, recommending approval of said application to the City Council. 3. On the 16th day of April 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on April 16, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. This amendment promotes the goals and objectives of the Development Code; and CITY COUNCIL ORDINANCE NO. DRC2002-00916 - AMERICAN BEAUTY DEVELOPMENT CO. April 16, 2003 Page 2 c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Victoria Community Plan; and e. The proposed amendment is in conformance with the General Plan. 4. This Council hereby determines that none of the elements set forth in Public Resources Code Section 21168 or Section 15162 of the California Environmental Quality Act Guidelines ("CEQA Guidelines") exists and therefore determines, in accordance with Public Resources Code Section 21186 and Section 15182 of the CEQA Guidelines, that no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared pdor to adopting this Resolution. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Victoria Community Amendment No. DRC2002-00916 as follows: a) Section 2.A of Ordinance No. 287, General Condition No. 5 of Planning Commission Resolution No. 81-37 is amended to read: "Recreational Vehicle storage shall be provided within each residential land use category of Low, Low-Medium, and Medium for 20 percent of the lots or units contained within those lots within the Victoria Planned Community. RV storage may be provided within the boundaries of the Victoria Planned Community, or provided by approved facilities within a 1 -mile radius of the planned community boundary." 6. The City Clerk shall certify to the adoption of this Ordinance. R A N C H O C U C a M O N G a ]~NGINZI~I~IN G DE PAI~TMENT S'mffReport DATE: April 16, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Robert Lemon, Assistant Engineer SUBJECT: IMPLEMENTATION OF MUNICIPAL UTILITY PROJECT FOR THE PROVISION OF ELECTRIC SERVICE TO NEW DEVELOPMENT WITHIN THE VICTORIA ARBORS MASTER PLAN AND IMMEDIATELY ADJACENT COMMERCIALLY ZONED AREAS RECOMMENDATION: It is recommended the City Council: · Approve a resolution of the City Council of the City of Rancho Cucamonga consenting to the Rancho Cucamonga Redevelopment Agency advancing funds for electrical facilities and making findings related thereto; · Accept bids received and approve the purchase of two power transformers in the amount of $595,258 from the apparent Iow bidder, Delta Star, Inc., to be funded from Acct. No. 26408015300; · Authorize the execution of a Letter Service Agreement with Southern California Edison Company by the City Manager or his duly appointed representative for the engineering, design and procurement of related materials for the SCE-owned portion of the Arbors electric substation to be located at Rochester Avenue and Stadium Parkway, and authorize the posting of a deposit in the amount of $1,991,000 to reimburse SCE for all related costs, to be funded from Acct. No. 26408015300; · Approve a Professional Services Agreement with Butsko Utility Design, Inc. in the amount of $111,540 for the final design of the offsite electrical distribution system to serve the Victoria Arbors area, to be funded from Acct No. 26408015300; · Authorize the execution of a Line Extension Agreement with Forest City Development to provide for the installation of electric distribution facilities and to deliver electricity to the CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 2 Victoria Gardens Mall site bounded by Foothill Boulevard, the future extension of Church Street, the future Day Creek Boulevard, and the 1-15 Freeway; · Authorize the execution of an Electric Service Agreement with Forest City Development to detail the rates and terms of service for all Forest City owned property within the Victoria Arbors Master Plan area. BAC KGROUND/ANALYSIS: Proiect Backqround In response to the unstable energy situation in the State of California, the City of Rancho Cucamonga on August 31, 2001, formed a Municipal Utility. The purpose of this formation was to enable the City to explore options in dealing with energy issues at the local level. Against the backdrop of various electricity-related legislation being enacted by the State, including some items of legislation constraining what local agencies could do, staff continued to investigate opportunities that could prove beneficial. Staff research indicated that the commercial development within the Victoria Gardens Mall Project, located within the larger Victoria arbors development area, was large enough to do a "greenfield" project providing municipal distribution of electricity to that site. The City retained the services of Astrum Utility Services to investigate the potential for such a project and the consultant's findings confirmed that such a project with "new" customers in a planned development that shares a common geographical boundary (see attached map) was viable and that the Victoria Arbors project met this criteria. The primary benefit of such a project would be the retention of local control over electric service. This would provide future municipal utility customers some protection from the aftermath of California's energy crisis and the cost recovery measures currently being undertaken by Edison, the California Public Utilities Commission (CPUC), and the California Department of Water Resources. The Rancho Cucamonga Municipal Utility has greater flexibility to deal with the cost volatility of the wholesale electric market because its business model is not required to give due consideration to issues such as shareholder dividends, stock prices, and income taxes. Additionally, municipal utilities answer directly to local citizens and are outside the jurisdiction of the CPUC. Local control would also allow the municipal utility to tailor its energy conservation programs to provide maximum benefit to its customers and maintain authority over design of the electric infrastructure. The secondary benefit of this project is the creation of a positive revenue stream that can be used to pay for operations and maintenance of public services required within the Victoria Arbors area. This will create a self-subsidized commercial development that would otherwise place a burden upon the General Fund for its public service needs. The inclusion of various public facilities within the regional mall, including a branch library, cultural center/per[orming arts theater, and satellite public safety office, will require funding to operate and maintain. A portion of this funding requirement may be provided from the development itself through its payment of electric rates that will be no higher than Edison's rates. The developers would also incur lower infrastructure construction costs. CITY COUNCIL STAFF REPORT P~.NCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 3 Taken as a whole, the project would provide the following benefits: · Retention of local control and stability · Greater protection for Victoria Arbors Mall from price volatility of electric energy · Shielding of Municipal Utility customers from CPUC/Edison actions · Increased flexibility to deal with price volatility of electric energy · Retention of authority over design of electric infrastructure · Ability to tailor energy conservation programs to provide maximum benefit · Help support public services and facilities within the Victoria Arbors area This project may also provide a launching base for other opportunities that may come along in the long run depending upon future State actions in the energy field. A listing of pertinent questions and answers that relate to the project is attached for review. Recent Developments As previously indicated, on August 31, 2001, the Rancho Cucamonga City Council authorized the creation and operation of a municipally owned utility for the purpose of providing various utility services. Subsequently, on August 21, 2002, the Redevelopment Agency authorized the filing of a Wholesale Distribution Access Tariff (VVDAT) Application with Southern California Edison Company (Edison) for the potential provision of electric service to the Victoria Arbors development area by the Rancho Cucamonga Municipal Utility. Since the time, the City has initiated various steps to ensure the timely completion of the electrical distribution system and substation that will be owned by the Rancho Cucamonga Municipal Utility and used to transmit electric service to the customers within its service area. The City Council was apprised of the status of the Municipal Utility Project at the special workshop of March 19, 2003. At that time, it was recommended that the City Council direct staff to place an item on an upcoming City Council and Redevelopment Agenda to consider the approval of the purchase of two electric transformers. At this same workshop, the City Council passed a motion directing staff to do so. Staff received a total of five bids through a public bid process for the required power transformers. The apparent Iow bidder, Delta Star, Inc., submitted a bid in the amount of $595,258 and it was determined and its bid was determined to best meet all of the City's requirements. Additionally, in the interim, staff has been able to bring to closure four other very important and time-sensitive elements required to move forward with the City's Municipal Utility Strategy. These elements are comprised ofthe following: CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 4 · Drafting of a resolution of the City Council of the City of Rancho Cucamonga consenting to the Rancho Cucamonga Redevelopment Agency advancing funds for electrical facilities and making findings related thereto; · Development of a Letter Service Agreement with Edison for the engineering, design, and procurement of related materials for the Edison-owned portion of the Arbors electric substation to be located at Rochester Avenue and Stadium Parkway. · Completion of Request-for-Proposal process and drafting of a Professional Services Agreement with Butsko Utility Design, Inc. for the final design of the offsite electrical distribution system to serve the Victoria Arbors area · Development of a Line Extension Agreement with Forest City, the developer of the Victoria Gardens Mall · Development of an Electric Service Agreement for electric rates and terms of service with Forest City, the developer of the Victoria Gardens Mall Analysis of Proposed Actions The first item listed above, the resolution consenting to the Rancho Cucamonga Redevelopment Agency advancing funds for electrical facilities, makes findings in support of the advancing of Redevelopment funds for qualifying capital purchases. The approval of this resolution establishes a note between the Rancho Cucamonga Municipal Utility and the Rancho Cucamonga Redevelopment Agency for capital purchases currently under consideration and future, qualifying capital purchases of the Municipal Utility. In regards to the second item listed above, the Letter Agreement with SCE, allows Edison to expedite the design process for the interconnection and substation facilities. Edison has submitted a cost estimate of $1,991,000 for all related design, engineering and procurement costs and the City is required to post a deposit in this amount prior to Edison initiating services. All actual costs will be tracked and applied against this deposit and the City will incur only those actual expenditures realized by Edison. If for any reason the City decides to halt the implementation of its Municipal Utility Strategy, it will only be responsible for costs incurred up to the date of notification to Edison that the City is withdrawing its WDAT application and any remainder from the deposit amount will be refunded to the City. The third item listed above, the Professional Services Agreement with Butsko Utility Design, represents the fourth and final segment of the design of the electric distribution system. The City Council initiated the preliminary design phase of the electric distribution system for the Victoria Gardens Mall site on October 2, 2002 via the approval of a professional services agreement for design services with Butsko Utility Design, Inc. This preliminary design phase represented an integral part of the City's overall municipal utility strategy and was placed on a parallel timeline with the processing of the Wholesale Distribution Access Tariff Application to ensure the absence of conflicts with the timing CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 5 constraints associated with the Victoria Gardens Mall project. The preliminary design was completed in early December 2002 and on December 4, 2002, the City Council approved a subsequent professional services agreement with Butsko to provide the final electric distribution system design for the Victoria Gardens Mall site. On December 18, 2002, the City Council approved a third separate professional services agreement with Butsko for the preliminary design of the offsite electrical distribution system. This design phase involved establishing the general alignment and parameters for the City- owned system that will emanate from the proposed Victoria Arbors substation, to be constructed by the City and interconnected to Southern California Edison's 66 Kv transmission system, and lead into the Victoria Arbors area. The next step in completing the design of the distribution system is to initiate the final design and technical studies for the offsite electrical distribution system. The final design of the onsite system and the preliminary design of the offsite system are currently underway and execution of a design contract for the fourth and final design phase will allow the completion of these design phases to dovetail directly into the final phase, thereby maintaining adherence to the overall project schedule. Staff solicited a proposal from Butsko Utility Design, Inc. to provide the necessary services. Butsko responded with a proposal to perform all design and engineering services for a fee of $101,400 plus reimbursables. With a 10% contingency factor for reimbursbles and anticipated meetings, the total contract price is $111,540 ($101,400 base contract plus $10,140 contingency). Staff has reviewed Butsko's proposal and has determined that it meets all of the City's requirements. Relative to the fourth item listed above, the Line Extension Agreement with Forest City outlines the responsibilities for construction of the distribution system that will serve the mall site and affirms the role of the Rancho Cucamonga Municipal Utility as the retail provider of electricity to the Victoria Gardens Mall. The agreement is modeled after similar agreements executed by Edison and its potential customers and provides for all the allowances that would normally be afforded to the developer by Edison. The agreement will also serve as a template for the execution of all future line extension agreements with other future commercial developments. The fifth and final item listed above, the Electric Service Agreement with Forest City, complements the Line Extension Agreement and identifies the electric service rates and terms of service for all property to be developed by Forest City within the Victoria Arbors area. The rates identified are tied to those established by the Public Utilities Commission for Southern California Edison and the City commits to establish equitable rates that will not exceed Edison's rates for the life of Electric Service Agreement. This is consistent with the guiding principle that has served as a foundation for the Municipal Utility Project and is factored in the financial model developed for the project. CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 6 Recommendation In the interest of time, the six related elements (purchase of the transformers, approval of a resolution consenting to the Rancho Cucamonga Redevelopment Agency advancing funds for electrical facilities, execution of a Letter Service Agreement with Edison, approval of a Professional Services Agreement with Butsko, execution of a Line Extension Agreement with Forest City, and execution of a Binding Term sheet with Forest City) have been combined for presentation and request for approval by the City Council. Approval of these five items will allow the City to maintain its established schedule for the project, thereby ensuring its ability to provide service to its first customer by their required date of service. It is recommended that the City Council: · Approve a resolution of the City Council of the City of Rancho Cucamonga consenting to the Rancho Cucamonga Redevelopment Agency advancing funds for electrical facilities and making findings related thereto; · Accept bids received and approve the purchase of two power transformers in the amount of $595,258 from the apparent Iow bidder, Delta Star, Inc., to be funded from Acct. No. 26408015300; · Authorize the execution of a Letter Service Agreement with Southern California Edison Company by the City Manager or his duly appointed representative for the engineering, design and procurement of related materials for the SCE-owned portion of the Arbors electric substation to be located at Rochester Avenue and Stadium Parkway, and authorize the posting of a deposit in the amount of $1,991,000 to reimburse SCE for all 'related costs, to be funded from Acct. No. 26408015300; · Approve a Professional Services Agreement with Butsko Utility Design, Inc. in the amount of $111,540 for the final design of the offsite electrical distribution system to serve the Victoria Arbors area, to be funded from Acct No. 26408015300; · Authorize the execution of a Line Extension Agreement with Forest City Development to provide for the installation of electric distribution facilities and to deliver electricity to the Victoria Gardens Mall site bounded by Foothill Boulevard, the future extension of Church Street, the future Day Creek Boulevard, and the 1-15 Freeway; CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 7 · Authorize the execution of an Electric Service Agreement with Forest City Development to detail the rates and terms of service for all Forest City owned property within the Victoria Arbors Master Plan area. Respectfully Submitted, · O Neil City Engineer CiTY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 8 SUMMARY OF CITY COUNCIL & REDEVELOPMENT AGENCY ACTIONS TO DATE Date Meeting Approving Body Action Taken 8/15/01 Energy Workshop City Council No Action - Discussion of options available to City to (City Council) mitigate impact of State of California energy crisis and review of City's current exploratory and conservation efforts 8/30/01 Special Meeting City Council Adoption of a resolution authorizing the formation of a (City Council) municipally owned utility 8/21/02 Special Meeting Redevelopment Authorization to file a Wholesale Distribution Access Tariff (Redevelopment Agency) Agency (WI)AT) Application with Southern California Edison 10/2/02 Regular City Council City Council Approval of a Professional Services Agreement for the Meeting preliminary design of the onsite electrical distribution system at the Victoria Gardens Mall site 10/22/02 Regular City Council City Council Authorization to execute two System Impact Study Meeting Agreements and two Facilities Study Agreements with Southern California Edison in connection with the previously filed WDAT Application 12/4/02 Regular Redevelopment Redevelopment Approval of a Professional Services Agreement for the final Agency Meeting Agency design of the onsite electrical distribution system at the Victoria Gardens Mall site and approval of a separate Professional Services Agreement for consultant services related to municipal utility start-up operations 12/18/02 Regular Redevelopment Redevelopment Approval of a Professional Services Agreement for the Agency Meeting Agency preliminary design of the offsite electrical distribution system to serve the Victoria Gardens area 2/19/03 Regular Redevelopment Redevelopment Approval of a Professional Services Agreement for the Agency Meeting Agency design of the Rancho Cucamonga-owned portion of the proposed electrical substation to serve the Victoria Arbors area 3/19/03 Special Workshop (City City Council Direction to staffto place an item on an upcoming City Council) Council and Redevelopment Agenda to consider the approval of the purchase of two electric transformers in order to continue the orderly process of pursuing the City of Rancho Cucamonga's Municipal Utility Strategy/Project CITY COUNCIL STAFF REPORT P, ANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 9 Map of the Victoria Arbors Development F B C Eastern - o£approxlmalcly: E ' ,/ G~os~area 173,1 ~re~ / Net area 156,8 acres ( j Ri3~e 66 The sites to be served are designated on the map as: (1) Victoria Garden Regional Center; (2) Eastern Area; (3) Route 66 Area; (4) A; (5) B; (6) C; (7) D; (8) E; (9) F; (10) G; and (11) Leggio COUNCIL STAFF REPORT J:;~NCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION 16, 2003 1 0 City of Rancho Cucamonga Municipal Electric Utility Questions and Answers Financial Analysis What are the annual revenue projections? The gross revenue projections are as follows: 2004 $ 0.6 million 2012 $ 7.6 million 2005 $1.9 million 2013 ! $ 7.9 million 2006 $ 3.3 million 2014 $ 8.0 million 2007 $ 4.4 million 2015 ! $ 8.1 million 2008 $ 5.2 million 2016 $ 8.3 million 2009 $ 6.2 million 2017 i $ 8.4 million 2010 $ 7.0 million 2018 ' $ 8.5 million 2011 $ 7.6 million 2019 , $ 8.5 million The net Funds Available for Public Services are as follows: 2004 $ 0.0 million 2012 $ 0.8 million 2005 $ 0.0 million 2013 $ 1.1 million 2006 $ 0.3 million 2014 $ 1.1 million 2007 $ 0.5 million 2015 $ 1.1 million 2008 ~ $ 0.5 million 2016 $ 1.1 million 2009 $ 0.5 million 2017 $ I. 1 million 2010 . $ 0.5 million 2018 $1.1 million 2011 ! $ 0.5 million 2019 I $1.1 million This represents a total of$11.8 million in net Funds Available for Public Services over the planning horizon. For all years extending past the planning horizon, which ends in 2019, the net revenue will continue to be $1.1 million per year. The annual revenue and cost projections are included in the Valuation Summary (Appendix A). Does the cost/benefit financial analysis make sense? Yes. Funds Available for Public Services are $11.8 million through 2019. The annual rate of return on the project is 10.8%. In comparison, the real rate of return on the 30-year Treasury bond is currently yielding 1.8%. How are the costs for the routine and emergency maintenance of the infrastructure integrated into the financial analysis? Routine maintenance expenditures are included in the $7.1 million of forecasted operating and maintenance expenses. A separate reserve fund (totaling $1.9 million over the planning horizon) will be established for emergency capital replacement and repair. Edison stated that the Public Policy Analysis' (PPA) forecast of operating and maintenance is reasonable and conservative. Would Edison provide an incentive to the City for eliminating its municipal utility strategy and allowing Victoria to be served by Edison? In 2001 SCE told another city that it would not provide an incentive for not establishing a spot municipal utility. That city began serving customers in May 2002. Thus far Edison has rejected suggestions by the City to partner in any way. COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION 16, 2003 1 1 Can the City make an alternative capital investment with the Cucamonga County Water District (CCWD) and either revenues or lower costs to the General Fund? The majority of water costs are paid by special funds. It is possible to fund a CCWD project in exchange for a reduction in water rates. The extent of benefit would depend on the size of the project. A reclaimed water project might work, but again initial costs are high and payback may be lengthy. It might make more sense to establish a sinking fund to offset water costs. Can the City participate in a co-generation project with CCWD? The City could partner with CCWD to do a co-gen or other type of facility. This would result in a cost-sharing agreement with CCWD. Edison has not indicated a willingness to decrease rates for these types of projects but "buys" the power generated. The net revenue depends on the power purchase agreement with Edison and is limited the size of the project: the smaller the project, the less the revenue. Depending on rates, the project could require longer payback than forecast or, at the worst, mn in the "red." The use of RDA funds may be questionable for such a project. This type of project would require a General Fund expenditure and support. If the City puts up the money and gets paid back first, where is the benefit to CCWD? The City is at risk if the project does not work out. Additional analysis is required once project-specific data is available there an alternative investment option for the Redevelopment f~nds that would achieve the same rate of return on investment and also offer a lower level of risk? total of$11.3 million dollars will be loaned from the Redevelopment Agency to the Municipal Utility over a period of six years. The resulting loan amounts for each of these years is as follows: 2003 $ 4.6 million 2004 $1.8 million 2005 $1.4 million 2006 $ 0.9 million 2007 $1.3 million 2008 $1.3 million The municipal utility's outstanding debt to the Redevelopment Agency for each year within the planning horizon is follows: 2003 $ 4.6 million 2012 $ 9.8 million 2004 $ 6.4 million 2013 $ 9.5 million 2005 $ 7.8 million 2014 $ 9.2 million 2006 $ 8.6 million 2015 $ 8.9 million 2007 $10.0 million 2016 $ 8.6 million 2008 $11.0 million 2017 $ 8.3 million 2009 $10.7 million 2018 $ 7.9 million 2010 $10.4 million 2019 $ 7.6 million 2011 $10.1 million The Redevelopment Agency is not precluded fi.om lending funds to other projects. If a superior investment is identified, the municipal utility can obtain long-term financing fi.om the market and repay the Redevelopment Agency. User fees or service charges paid by system users would back revenue bonds issued by the Municipal Utility. These revenues are the sole source of paying the debt service on the revenue bonds, and the citizens of the City will not have a general obligation to pay the debt, as they could with general obligation types of bonds. Linda Daniels has indicated that if this money is not used for the municipal utility project it will be used to fund the Foothill Boulevard (Grove Avenue to Vineyard Avenue) Street Improvement Project. This project has no real bearing on the City's General Fund as this type of project does not generate revenue for the General Fund. CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 1 2 B. Independent Analysis B 1. What is the feedback from other experts who have reviewed the analysis? Edison has reviewed the PPA and met with City staff on several occasions. Edison agrees with the PPA's projections for revenues and capital expenditures. The only issues of disagreement relate to the applicability of the Competitive Transition Charge (CTC) and California Department of Water Resources (CDWR) liabilities. This is discussed in further detail in Section 2 (Economic and Financial Analysis). Additinnaily, the summary of Edison's analysis of the PPA are included in this section. City staffwill continue to seek reviews from other agencies. B2. Do other City Department Heads support the proposed municipal utility? Yes. Given their knowledge of the project, Department Heads support projects that provide a stream of revenue with manageable risks. C. Timing C 1. Can the City meet Forest City's development schedule? Yes. The construction schedule includes: Description Timing SCE Interconnectinn Application & Studies Sept. 2002 - March 2003 Developers Electric Service A~reement Oct. 2002 - March 2003 Distribution Design & Construction Design / Construction Documents Oct. 2002 - June 2003 Construction / Installation June 2003 - Nov. 2003 Intemonnection / Substation Long Lead Equipment RFP Jan. 2003 - March 2003 Design & Engineering Jan. 2003 - April 2003 Construction May 2003 - Nov. 2003 A construction schedule is incinded in Section 4 (Project Timeline and Future Required Actions). As with other projects, a temporary generator can be delivered to the site to provide power to the Mall development and accommodate any delays. C2. Given that transformers are expensive and take time to order and deliver, how can the City meet these demands? The attached single-line diagram (Appendix C) of the proposed 66/12 KV substation includes two 15/20/25 MVA transformers. Each transformer can independently meet the forecasted power needs of Victoria Arbors and provide redundancy. City staff has completed evaluating bids and is scheduled to bring an item before the Redevelopment Agency to approve the purchase of the two transformers. D. Risk Management D 1. If expenses were greater than revenues, would the General Fund be impacted? No. The Operating Margin (revenues less expenses) plus depreciation forecasted in the PPA is: 2004 $ (0.1) million 2012 $ 0.8 million 2005 $ 0.3 million 2013 $1.0 million 2006 $ 0.5 million 2014 $1.0 million 2007 $ 0.9 million 2015 $ 1.0 million CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 1 3 2008 $ 0.7 million 2016 $ I. l million 2009 $ 0.9 million 2017 $ 1.1 million 2010 $1.0 million 2018 $ 1.1 million 2011 $1.1 million 2019 $ 1.1 million The negative operating margins in 2003 are funded fi.om the Municipal Utility's reserve account created from Redevelopment Agency borrowings. These loan funds are to be used for capital expenditures and initial operating costs. D2. Which years within the 17-year planning horizon are the most sensitive in terms of associated revenue projections? The first two to three years are the most sensitive because the mall will be coming on line and building incrementally. Forest City represents 55% of the forecasted square feet of non-residential properties to be served and will have the most impact on the revenue projections. The Electric Service Agreemem with Forest City (Appendix D) is scheduled to be completed in March 2003. Forest City will not take title to the land until the City is satisfied that 35% of the stores are pre-leased. Working to lower the magnitude of risk is the fact that maintenance and operation costs should be less in these initial years because there are fewer customers to serve and less to maintain. In addition, payments to RDA do not begin until the project is up and running and all capital is expended. In no event would the General Fund be called on to support the project. D3. How can the City insure stability of rates or parity with Edison? The PPA is designed to mirror the Edison rates over the next 12 years as projected by the CEC and confu'med as reasonable by Edison. The PPA assumes electric rates will be equivalent to those formulas described in SCE's tariff book and forecasted by Edison over the planning horizon. Edison agrees that the PPA rate forecast is reasonable. If rates were to suddenly fall way below projections, the City could make the policy decision to lower rates reducing net revenue. Even Edison indicates that this scenario is unlikely. Funds Available for Public Services of $11.8 million are 10.8% of forecasted revenues ($101.5 million). Therefore rates could drop an additional 10.8% below SCE's 1996 rates and the project would be revenue neutral. It should be noted that, in the event rates rise, the net revenue to the City would be greater assuming the City Council agrees to increase rates, which is a policy decision. D4. What are the most dollar-sensitive variab[es in the PPA? The cost of purchased power and the regulatory fees associated with the Competitive Transition Charge (CTC) and California Department of Water Resources (CDWR) liabilities are the most dollar-sensitive variables. Edison normally collects the CTC only from existing customers. The CDWR charge is an additional surcharge paid by all customers of investor-owned utilities to pay back the California stme bonds that were issued to create a revenue stream for the long-term contracts that the State signed with electricity generators during the California energy crisis. Including either of these two charges, while maintaining the rates identified in the PPA, will reduce the net Funds Available for Public Services. D5. How can the City protect itself from these dollar-sensitive variables? Entering into long-term contracts will hedge a portion of purchased power risk. Edison and the PPA estimate the potential CTC obligation to be $1.1 million and the potential CDWR obligation to be $7.0 million. These potential charges have been treated as a sensitivity in the PPA and would not be sufficient to result in a negative Funds Available for Public Services amQant. In terms of other risk mitigation measures, the City could choose to renegotiate and defer the debt repayment to the Redevelopment Agency and/or increase rates to cover increasing costs. The Redevelopment Agency could also waive the repayment of interest ($2.4 million). CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 1 4 D6. If the project becomes unfeasible, will Edison take over the City's responsibilities? Possibly; that will he an Edison decision. The design standards for the infrastructure will be comparable to Edison's standards. Edison will not have a need for the planned City-owned substation. D7. Has the City explored partnerships with other agencies, including Edison, to reduce risks? Yes. The City has had a meeting with the Anaheim Municipal Utility. Future meetings are scheduled with the municipal utilities of Riverside and Corona. In addition, the City is discussing partnership opportunities with private companies, including Reliant Energy and Commonwealth Energy. DS. What "fire walls" will be built to hedge the risks? The municipal utility could consider issuing revenue bonds rather than borrowing the money fi.om the Redevelopment Agency. The City could also negotiate with a f'muncial partner to off-load a portion of the risk. Although not necessarily a "fire wall", additional considerations in terms of hedging risks is the fact that there will be surplus RDA funds available in the early years due to the project schedule. Additionally, repayment of the RDA loan can be deferred. Lastly, the City could choose to increase rates in the event of a crisis. E. Reliability/Stability/Safety El. What if the transformers or lines go out? Included in the City design are redundant transformers (see Appendix D) and looped distribution facilities that provide multiple services to a customer meter (see Preliminary Electric Distribution Exhibit - Section 1). The City transformers will be integrated into SCE's sub-transmission system and receive power in both directions along Rochester Avenue. (This configuration is consistent with the intercormection for the municipal utilities of Anaheim and Riverside.) All the distribution facilities will be underground and not subject to above-ground interferences (e.g. automobile accidents) E2. What back-up or redandancy exists to protect the businesses? Included in the City design are redundant transformers (see Appendix D) and looped distribution facilities that provide multiple services to a customer meter (see Preliminary Electric Distribution Exhibit - Section 1). The cities of Anaheim and Riverside have intemonnections to Edison facilities that are the same as the one proposed for this project. E3. Will the City provide businesses with the same level of safety as Edison provides? Yes. To lower operating costs, Edison retains qualified contractors to perform work previously performed by employees. As an example, Pouk & Steinle, Inc., located in Riverside, provides design, construction, maintenance and repair services for electric substation, transmission and distribution facilities in Southern California and elsewhere. City Light and Power constructs and maintains all the street lights for the cities of Long Beach and Lakewood. E4. Can the City provide the same stability and reliability as Edison? Yes. As the answer to Question E3 describes, Pouk & Steinle currently provide services, including 24-hour emergency services, to SCE and the municipal utilities in Anaheim, Colton, Industry, Pasadena and Riverside. Such contracts can provide response within a set time limit of the initiated call. A qualified contractor can provide similar services to the City. ES. How will the City replace parts and equipment that are not in'inventory? CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 1 5 One of the requirements of a qualified contractor would be to have an inventory of specific parts and equipment. F. Implementation Fl. Who will supply of the power? The initial recommendation would be for the City to issue a "Request for Proposal" for a power procurement specialist to purchase power on behalf of the utility. Such a specialist has knowledge of the power market and would be able to aggregate the City's load with other customers to potentially lower power procurements costs. The power procurement specialist would be responsible for purchasing sufficient power, including reserves, to meet the base and peak loads on a daily basis. The procurement specialist would purchase power based on a combination of factors (% renewable, price, duration of contracts, etc.) specified by the City. Prior to entering into any contracts for power, the procurement specialist would seek the City's approval. The City can choose fi'om several specialists, including private companies and other municipal utilities. The amount of power to be purchased would be determined by the municipal utility's forecast of demand as well as real-time monitoring of load. The procurement specialist would purchase power fi.om several sources. The base load would be secured fi.om the procurement specialist's own portfolio of long- term power contracts, other generation sources, or the open market. In order to meet the daily peak loads, the procurement specialist would use a combination of short-and long-term contracts and open market purchases. The physical power could come fi.om a variety of sources in the Western Electricity Coordinating Council region, the regional market for electricity production that includes California. The most cost-effective power would be come fi.om natural gas cogeneration plants. The diversity of power sources would be a policy decision for the City based on its evaluation of lower cost power versus the benefits of higher cost renewable power. The eventual provider of power would ultimately be decided by City. The municipal utilities for Anaheim, Riverside or Corona could provide power procurement services. Longer term, the City would have the discretion to continue to outsource the power procurement function or do it internally. F2. Who will do the billing? To cgpture meaningful economies of scale, the initial recommendation would be to have a third-party issue and account for the billings. Several public and private options are available to the City. In 2001, the City of Anaheim and Commonwealth Energy Corporation submitted proposals to prepare the billings for the City of Corona's newly formed municipal utility. Billing and meter reading could be provided by the other utilities such as CCWD or Southern California Gas Company. Both currently have staff in the area that routinely mad meters and, with little incremental cost, could read the Victoria Arbors electric meters and provide billing services. Other municipal utility options include Riverside and Corona. The City could also outsource the function to specialized billing services such as National Water & Power. F3. Who will take the customer service calls? Similar to the billing services, the initial recommendation would be to have customer service calls routed to a third- party. This could be the same entity that prepares the bills. Since customer service calls have no physical interaction with customers, the City has mom choices in choosing providers. F4. Who will answer the customer problem and/or emergency calls 24/7? Customer problems and/or emergency calls would be directed to the qualified contractor selected as discussed in the answer to Question E4. F5. If responding to customer problems and emergencies is performed by a conlractor, how is it tied back to the City? The City will have staff overseeing the contractor(s) chosen to answer customer problems and emergency calls and to provide operations and maintenance assistance. CITY COUNCIL STAFF REPORT RANCHO CUCAMONGA MUNICIPAL UTILITY IMPLEMENTATION APRIL 16, 2003 PAGE 1 6 F6. Who will perform the routine and emergency maintenance of the infi'astmcture? As discussed in the answers to Questions E3 and E4, a qualified contractor will perform the routine and emergency maintenance of the infrastructure. F7. Who at the City would be the 24/7 liaison with any contractor? The City will designate one or several City staffers to be liaisons between the City and all contractors. FS. Does the City plan to expand its staff to manage the utility operations and associated contractors? The PPA includes two full-time employees (Deputy Director of Utilities; Office Specialist II). In addition, the responsibilities of existing personnel would be expanded to provide oversight and administrative support to the utility operations. These considerations are addressed in the organizational chart included in Section 1 (Operating Structure). F9. Who will perform the routine and emergency maintenance of the infi'astmcture? As discussed in the answers to Questions E3 and E4, a qualified contractor will perform the routine and emergency maintenance of the infrastructure. FI 0. What will be the cost of hiring staff(including back-up and support staff) and administering the spot utility? The PPA included $182,000 annually for additional employees. The Deputy Director of Utilities salary was calculated at the top step of the Deputy City Engineer position. The Office Specialist II position was similarly calculated at top step. The $182,000 amount is inclusive of fringe benefits for both positions. Fl 1. What is the timeline for hiring additional staff?. The assumed start date in the PPA is July 1, 2003. & Municipal Utility Proj n April 16, 2003 ISO Edison I~unicipa~ Victoria Utility Bulk and Peak~rt9 Power Power,Flow } ~ Coordir~a~or Financial Flow ~ ~!are Ft. Customers Retml 2~527.200 495 Commercial Office 544~000 199 Food Market 157,500 3 Restaurant/Fast Food 85,000 26 Public Facilities 105599 2 -['oral 3.419.700 725 From 2003 to 2019. the Municipal Utility cumulative results: ~r Funds Available for Public Services Total = $16.3 M * in Rate Stabilization Reserves Public Services Funds~. in Capital Reserves and Reserves ~ Local Energy Program Funds Level of Electricity Sales Level of Electricity Demand Electricity Rate Forecasts Operating and Maintenance Expense LEGEND Capital Expenditures Issue of Agreemem Economic Impact of Line Losses :* Issue of Disagreemen~ Economic Impact of CEC Gas Forecast ........... Economic impact from Loss of Franchise Fees Meth~odol~gy Used to Account for Inflation/Time Value of Money Impact of 10% Higher NatUral Gas Prices ApPliCability of CTC Obligation Applicability of CDWR Obligation b Sef~sitivity impact on Study ($ milliori} Total Higher CTC CDWR Net Cha~ge through 20¢9 Study Rese~es Gas Prices Liability L~abili~ Funds Available for Dis(ribution ~ ~I,8 sm4 LOC3 Energ~ programs 2.8 From 2003 to 2019 the municipal utility cumulative results: $16,3 million in funds available for public services + reserves $ 2.4 million in additional RDA financing ($ 9,7) million in regulatory obligations & higher energy prices $ 9.0 million in funds available for public services Other scenarios that could increase the Funds Available for PUblic Use: Faster development than forecasted ~ Delays in SCE's forecasted rate decreases From 2003 to 2019. the cumulative results of the "perfect storm" of these three sensitivities is: ~ Funds Available for Public Services is reduced by ~ ~ ADJUSTED Funds Available for Public Services equals ~ ¢6 From 2003 to 2019. the cumulative results of of a 10% increase in the price of natural gas is: Funds Available for Public Services is reduced ADJUSTED Funds Available for Public Services equals Base model assumes gas prices at a level that exceeds historical averages ( CEC gas price forecast) - Ail energy purchases assumed to be transacted at oeak-load prices Sensitivity analysis assumes an additional increase of 10% Long term energy contracts Ability to contract with other municipal utilities with diversified energy portfOlios Edison's rates are impacted similarly bY higher gas prices (45% of energy portfolio) Establishment of a Rate Stabilization Fund Authority to Provide Ser~,'ice Nomexctusive franchise agreement & imlieu fees Governance LEGEND Obligation to Sense , Resolved Issue Interconnection to the Electric GridIssue for Discussion Public Benefit Programs CTC (Competition Transition Charge) CDWR (California Department of Water Resources) Liability ~ Limitations/Restrict'ons on Use of Revenues ?a e~o 200S ' AuLS pt Aor i~lay Jun Jul e Oct Nov Dec Deve~pers Et e ~!YJ c~,~A_qr e e -me n t SCE lAterco%ned~, Authorize Agreements Distdbutio~..Desiqn & Constru~ion Design / Constru~on Dc.ouments Construction / Installation Interconnecfion / Substation Long Lead Equipmen~ RFP Design & Engineering Constru¢ioR Hire Additional S~ SCE Interconnection ~ Interconnection Facilities Agreement ,? tnterconnection Sen,,ice Agreement Developers Electric Service Agreement ~;~ Line Extension Agreement with American Beauty Development Distribution System Design and Construction ¢~ Purchase of long lead equipment (switchgear) ~:~ Construdion contract - electrical distribution system lnterconnection / Electrical Substation e Construction con~ac~ fo~ e~ec~dca~ substation Municipal Utility Sta~-Up ¢;, Hiring additional staff (2 positions: Deputy Director of Utilities, Office Specialist Execute long-term energy supply contact Execute contra¢ for outsourced customer service/billing/meter reading sep,,ices Execute oontrac~ for outsourced operations maintenance/emergency repair se~¢~ces Establish tariff schedules Risks Higher energy prices GTC liability and CDWR liability Changes in legislation SCE's rates decrease faster than forecasted Slower development Delays in installing required 2003 infrastructure Date of Service: December 15, 2003 Adherence to an aggressive timeline is critical Benefits Local control and public accountability Funds available for public service (1 1.8 million) Administer local energy programs (2.8 million) Enhanced economic development Stable energy rates Funds for maintenance of local services Lower costs for City and developers Developer benefits from tax-exempt status of the City City facilities benefit from stable energy rates It is recommended the City Council: Approve a resolution consenting to the Redevelopment Agency advancing funds for qualifying capital expenditures Authorize the purchase of two electric transformers from Delta Star, Inc. Authorize execution of Letter Service Agreement with Edison Authorize a Professional Services Agreement with Butsko Utility Design for design of electrical distribution system (Phase 4 of 4) Authorize execution of a Line Extension Agreement with Forest City Authorize execution of a Memorandum of Understanding for electric rates and terms of service with Forest City R A N C H O C U C A M O N G A ~NGINEEI~ING DIVI&ION Memorandum DATE: April 16, 2003 TO: Mayor and Members of the City C~ouncil Jack Lam, AICP, City Mana~~ ~, FROM:. William J. O'Neil, City Enginee-r~..~/~¢. SUBJECT: crrY COUNCIL AGENDA, APRIL 16, 2003, rlEM I-1 Item I-1 IMPLEMENTATION OF MUNICIPAL UTILITY PROJECT FOR THE PROVISION OF ELECTRIC SERVICE TO NEW DEVELOPMENT WITHIN THE VICTORIA ARBORS MASTER PLAN AND IMMEDIATELY ADJACENT COMMERCIALLY ZONED AREAS. The Electric Service Agreement with Forest City Development has not been completed and in place of that agreement is a Binding Memorandum of Understanding executed by Forest City. The Electric Service Agreement with Forest City Development will come before the City Council at a later date. WJO:dlw BINDING MF~fORANDUM Ol~ UNDERSTANDING I/I~GARDING POWF~R ~ALE$ AND SERVICE This biadiag M~momadum of'IJader$tand~g l~e~rd/ag Powar S~e~ ami ("Biadiag MOLP') is mad~ t~is ~ day of'April 200~ by aRd b~e~n ~¢ CITY OF RANCHO CUCAMONOA ("City") and VICTORIA GARDENS MALL, LLC ("VGM"). TI~ City aud V~aM ag coilgctiv~ly r~l'~rr~xi to hm'em'~ as thc "Panics". WHF_REAS, VOM, or its affiliates and assigns, iat~nd to d~v~lop propertie~ ia th~ City, generally found south of Churoh Sire. et, east of Day Creek Bird, north of Foothill sad west oflnterstag 1~, as shown on F_.xhibit 1, attached hereto (th= "VOM Property"; and WHEREA~, the City bas approved the initial phase of development within the VGM Propenty whioh penDit~ the develolm]ent of a new reiail shopping center and other facilities (th~ 'V(~M Projeot") on thc VGM Prol~rty;, and WHEREAS, th~ City has off~red to provide electric service to all fulure oustomers ~ the VGM Property. including VGM itself ('V(}M Customers"); and WHEREAS, Southern California Edison Company ("SCIg") is also authorized to · provide eleclric servige to ¥~vl Ctlstom©rs allcl is will|n_o to do sol and ~, if the C/ty is to provide electric service.to VGM Customers in a timely fashion, the City mast order e~'~ain ~leoizioal =quipment by ~hc cad of Alto'! 200~; and ~A~, befolg [he~ Ci~ will commlt~ tO order 811ch equipllleilt~ it requires VGM to execute a Dislributioa and Service Exteasion Agxeemeag and WHRRE~, VGM is unwilling to eater into a Dis~lmtion and Service :Ex-lensioa AIFeemen~ with the Ci~ ualess VOM bas a bi.,ti.i cp,~,~hment that the CRy will provide elecuio service and power to ¥(3M CUStomers tba! mcem oertain qualJW specifications and e~onomic parameters; and WI-IEREAS, the City is wi.i,,$ to provide el~ctli¢ service and power to VOM Customers tl~t meets hSe spe~ficsiions and economic parameters Slgcificd by YOM; WHEREAS, the Parties desire to go forward with the exeoution of the Distribution and Service Exiension Agzeement which will allow the City to make oertsln commim~ems for electri~ equipmem; NOW THEKEFORB, in furtherance of the for~oin~, se~ce ~d ~r ~ YOM ~om~s~ . ~ce Re~cm~ ~ ~ ~ condto~ ~ ~ core. hie ~ con~go~, M S~ ~ ~ ~ ~ ~. ~e Ci~'s~ mlcly m~nsible ~ ~c ~ of ~ ~ci~es ~ m pm~ s~h se~. ~ ~ ~d cos~ c~ by te CiU for ~h ~on ~ ~ not ex.ed ~ m~s ~d ~s~ ~ ~d ~ c~ by S~ ~r s~h sc~ice. C. The Ci~ ~ su~ly cl~c ~w~ ~ct~t ~ s~s~ ~e ~1 el~cd ~clu~s pc~ ~n ~ VOM C~om~ ~n ~ g~ ~ ~lf- Fed~ laws ~d ~u~. VOM C~ D. ~ ~ ~ ~dc elc~c ~ VOM~m~ ~~ ~ ~r cl~ci~ ~ inc~ ov~ ~ ~ ~o~ ~ ~ compIe~ ~f~ in ~ ~on ~d ~ce ~ion B. ~ quali~ ofel~ C. ~ CiV s~l ~mply ~ ~1 ~ ~ ~o~ vol~ ele~c ~sion ~ ~ne the sub~on ~t el~ ~ to ~ V6M ~o~. R~es ~ ~c~ ~ provided ~ B ~ow, te Ci~s ~ ~ its ~ for el~c se~i~ to VGM C~m~s, d~ ~ bi~ ~o~ s~l not exc~d 2 1. Thc ~0tal bill rendered by theCity_durin~ the billin~ period, takin~ into azcount all billing component charges, such as,'but not limJt~l to, demand charges, ener~ charscs, customer charges, public purpose charges, shall no be 81'~atcr th~n tho total bill that SCE would have rendered during the same billing period, had it provided such service, under the applicable SCE tariffratc schedule that is most favorable for the VCnM Customer. 2. The City ~h~ll not increase tls rat~ for elecUic service so that th~ rate~ charged by the City for ~ervice to VOM Customers exceed ~hoso sot forth in the comparable 8C~ ra~ schedule~. B. Thc panics ~eco~ize that on occasion 8¢I~ may reduce ils ra~, such that 8CEOs ratos for comparable service would be less ~ tho City's ra~. Under Such ¢ir~um~-a~s, it is &e i~u~ of the Cily to adjust ils ratos within 60 days so that ils charg~ for eleolrlo ~rvi~ to VGM Customer~ do not ~d tho ratoa lhat would haw be~n oherl~ad by ,~C-~, if it had ~ a~rving ~h VOM Customer~. C. Tho City shall be respons~le for any Cos~ l~sponsibflity Su~harges, or .~imiiar charges that may ~ applicable to VGM Customers asa re~l! of~ch Ct~tomers laking elec~ical son~i~ from ~e City rather tlum D. Should the Cily fail m comply wi~h ~he l~_~ple~ set f~hin See~iona ~ through C above, VGIvl Custome~ shall ~ach have the right to soI~-'t a power supplier othor ~ the City and to r~ce~w power from ~uch suI~li~r or to I~u'uimae el~clty ~ o~h~. Th~ VGM Cu.~omer ~h~, giro ~ho Cily 60 days no~ice of ils inte~ to do ~o. VGM Custom,rs do not have to use City- owned ¢le,~i¢ facilitios to rec~iv~ ~u~h power. However, should V~3M Customers elo~ to receive c~odity sorvice from a ~pli~r o~'r than City and ~lu¢~! th~ City to daliwr the electricity to the rose,ire V~M Customers, ~ th~ Cily ahall deliver th~ elev~ical power oonlra~'l~d by VGlVi Cu~om~rs for the same distribution eha~ and other r~lated charges (ex~luding commodity and Uansmission servi~e) lhat would be cha~ged by :~CI~. City shall oooperat~ with ¥~M Custom~ to irnpl~menl such supply arran~mcnts, inuludi~g, if nec~sa~y, ex~uti~g buy-soil an-angrinesS. ~. Should the Cily fail to comply wi~h th~ pri~iplea ~et forth in ~ ~- lhruugh C above and VGM Customers b~ legally unable to pureha~ third party suppliers and haw ~h~ powor ~l~w~l m i~, as provideai in D above, then VOM shall have ~he fight, but not th~ obligation, to ~ermlna~ this Binding MOU and any sub~luenI Electric Power Agrcem~ without ponalty and ~o purchase from lbo CiF those el~ri~ ~a~ili~es. includin~ tho owned subslafion, and related pmt~rb/righ~ which in VOM's and ~h¢ reasonable judgement wer~ construc~d by City to provide elastic service to the VO~ Prop~. Th~ purohaso pHoo for ~uch fa¢ili~s shall b~ tho ~ of the depreoiated net book value of the fa¢ilili~s a~ the time of purchas~ ~ $1 million. F. Should the City fail to comply with the prin¢iple~ set forth in $~ions A through ¢ above and ¥~M CuP,ers elect to ~xer~iso their r~s~clivo right~ a~ set forth in $~o~ D above aha ~he City'* char~ for di~ibutiou other r~la~d charges (e~luding commodity cos~ and transmission cests) aro in excess of thc charges that would be cha~gedby $ .(~.,~it had provided such scrvice, then VOM s[mll havc thc risht, bu£not thc obh~tion, t5 terminat~ this Bindin~ MOU and any subsequent Blectric Power Asrcements without penalty and la purchase from tho City ~hosc electric facilities, includin~ the City-owned subslalion, and relaiad property rights which in VGIWs and City's r~asonable judgment were conshuc~i by City to provide electric service to · the VGM Property. The purchase price for such facilities shall be the stealer of the depreciated net 'book value of the facililies at the time of purchase or $1 mfllioa O. The fiequenoy of the Cil~y's bills and the bfllin~ rcquizements ~hsl! be comparable lo those of SCB for similar service, unless otbenvise al~rced to by · .he C~ and VGM Castomers. IV. Warranties The City warrants that it bas bccn advised by 8CB ~a~ it will be allowed to in~ioonnect with the electric iransmission.~rid at the location sei forth in the Distribution and Service Bx~ension Al~'eement If an lntcrconnection a~ccmcnt is not executed by the City and sCE and approved by the Federal --~'~er~R~l~-~.,~m~io~-b~D~ 1 ,~00:~, VGM shall have the coniinuous and ,nh~rupted power to serve the firs! load for ~e VGM Project is delayed, as described in the Disln'oution and ,?,e~ice ~enston a~reement, the dates in this Scctlon will be exiended on a day for day basis. ' 'V. Term ~. Th~ Par~ies shall take immcdiatc sleps to n~s0ti~Lte and ~cc~ a Blectric Power Aireercent, wh/ch incorporates the terms of this Bindlnl~ MOU. This P(nilin~ MOIJ' shall be an eaforceablc aSrecm~ as it is s-perseded by the formal Blechic Power A~reement B. The ~rrn of the Blechic Power Al~reemenl _~_h~!! be 30 years fi-om the date thai the City firs~ sells power to a YGM Customer. A. VOM Customers shall be a third party benefici~ of the Bindin8 MOU and any subsequent l~lectric Power Ailr~ement. B. VOM ~ have the ~isht to terminate this Bi~i~ MOU ~nd any subsequent I!lectric Power Alp'eem~ should the Distribution and $en~ice I~xtemion 4 94t~5/~B03 2~:~9 363572728e I~F_STZNHOTEL P~E 02/03 wo412M 5 9'd 4it,,'-t,t,§ ({3lEI da~{oeu~J-vqo9 ,~n~.S dt, I:£O EO 9I JdH Exhibit 1 V_GM P_r_operty ........... CITY OF RANCHO CUCAMONGA, CALIFORNIA DISTRIBUTION AND SERVICE EXTENSION AGIi~I~,MENT (aAGREEMENT') 1. Reauest for Electrical Service and Facility Constru~'tion, VICTORIA OARD~!g MALL LLC ("Applicant"), hereby requests the C1TY OF RANCHO CUCAMONOA, CALIFORNIA ("City"), to provide for the installation of electric distribution t~ciltttes and to deliver electricity m the Property situated at: the Tracts o£Land commonly referred to as the Victoria Ciardens Shopping Center which is situated south of Church Street, east of Day Creek Boulevard and lying north of Foothill Boulevard and east of and including the Victoria C_mrdena Mae as shown ami descffoed in Exhibit A- Lo~gtion Iv~p (?Propen'y'). These Facilities, as such grra is defined hercaRer, shah be installed and maintained in aooordan~ with all applicable Southern Califorrfia Edison Company ("$C~") Sl~Citications that otherwise would be Itpplicabl¢, laws and requirements ofthe United States, tho State ot'Califomi_a..as well as City 'niles. regulatib~~'~l~i~h ex/st as of the Igffeetive Date of this Agreement and as may be amended and adopted by City ii'om time to time so long as such a.m~dments are consistent with the ~ms and ~dilio~ crisis Agreement. 2, Oeneral Construction Resoonsibilities of City, The City will install the Distribution Line Extension and tbe'Servico Line Extension(s) (as those terms am generally defined in Rules 15 and 16 of the F_ioctrio TariffRulee of SCE and as shown on Exhibit B - Preliminary Plans and 8pacifications ("City-Installed Facilities") to s~rve the Property with electrical service. These City-Instelled lVacilities shall be installed by City in accordance with thc provisions of para.apb 1 above and the Plans and Specifications as bereinsi~er defined. The Plans and Specifications shall mean the set of construction documents, or sets of construatioa doeumema as the pasti~ may prepare and as designated by City as thc construction documents for the Faoiliti~ as tho same may be amendecL The Plans and Specifications for the Facilities, including the substalton facilities, shall meet the standards used by SCE for such facilities. Applicant shall have the right to review and approve the Plans and Specifications. 3. Construction R~sponsibilities of Appliosm,, Subject to this Agreeme. at. Applicant shall perform with qualified peraoml¢l or anange for the performance by a contractor, approved by tho City (the 'Approved Conh-aotor"), the following work on the Property, all to the reasonable satisfaction o~ city ad consistent with ~he Plans ad gpecifto~oas: A. Route clearing, tree trimming, trenching, excavating, bacla'illing, and compacting; flp~ 1G 03 03:49p $~eve $ohaFenacRer [3101 544-7477 p.3 B. Furnish of imported or suitable natural backfill ma~ri~l as required and proper disposal of trench spoil m required; C. Perform necessary surface repair aud boring as required; D. Furnish and install all required conduit ~d pull ropes; E, Furnish and inszall all required substructures, including vauits, manholes, hand.holes or othor terminating or equipment e~closures including slab boxes or pads to support the equipment to be provided by City, which such equipment shall include, but not be limited to: conductors, transformers, switcbes, capacitors, prot~ctiw structures ami service meters, as required; and F. Secure and pay for all required permits and licenses which may be required to fulfill Applicant's construction responsibilities on the Property under ~ Agreement G. All ot~th¢ afor*~'~emio~d subsu'uctures, iucludi~g vau11% manholes, hand-holes, or other terminm-ing Or equipment enclosures Invluding slab boxes or pads to be installed by the Applicant on the Property. here~r shall be re£ermd as the "Applicant,,Installed Facilities". The Applicant*Installed Facilities and the City-insta/led Facilities" shall be collectively known as the "Facilit/cs". 4. Ownershin of Faciliti~s. Upon compl~on of the installation of the Applicant-Instal/ed Facilities by thc Applicant, and inspection and acceptance by tho City, the title and ownership of such Applicant-Installed Facilities sb.a/l vest in the City in aceora~-c~_ with Section 14 of this Agreement. Thc City's approval and acceptance of such Applicant- Installed Facilities under this Agreement shall constitute the City's vrriflcation that at tim time of such approval and acceptance, such Facilities have been installed in compliance with tho Plans and Specific~t/ons, with all applicable rules, regulations, ordinances, C/ty tariffs and with the requirements of this Agreement, all as in effect as of the da~ thc City approves the Plans and Specifications. Tho City acknowledges that thg Applicant In~tallg~d FacilitieS Ra.~y be located In the same trench or righter-way, as other installed utilities. City agrees to accept title and ownership of such Applicam-Ins~led Facilities, subject to thc tcnus of a join~ trench agreement with terms and conditions that am generally customary for such circumstancos. Other Rcs~0nsibiliti~ 0fthe City. Thc City shall, at its own cost and subject to customary terms and conditions: 2 A. Provide al! design, cnsineefing, constmcgon, pcrmit ~d ap~vals neces~ for ~ Ci~-~led Faciliges ~ o~ to se~ the Pro~ ~m ~e Ci~m~d 66 kV subs~on at the no~ co~ nf~he~r Av~ and S~ Pa~y; ~d B. ~ ~ plaid Ci~ed 66 kW subsmfi°n ~ S~'s fac~fies. 6. ~. Se~cc Line Ex.iota, ~t~ ~ P~o~. ~1 be i~l~ by CiV at ~ lo.gore md ~ accor~ce ~ ~ Pl~ ~y for Day ~k Bo~d. Ch~h ~o~ ~lot S~ ~d c~n~t of~e PI~ ~ S~ca~o~, of e~ o~rh~ cl~c f~iliSes ~ ~de~o~ cl~c f~ili~cs ~n coniston ~ ~is p~ ~ ~n~on s~l be w.~ ~n ~or~ wi~ ~c P~ ~d Sp~ifica~ ~d ~ ~ r~rem~ of ~s A~ent conve~ion on ~e P~, Applic~ s~ ~ ~s~ c~s ~ ~e c~ cl~ ~il~cs ~ r~ly r~ by City so as ~ r~ ~de~d ele~c ~ce at ~1 i~on ~ ~ ~cav~ ~m the C[V's prior ~n co~e~ s~ ~o~ ~ ~y ~omble con~ im~s~ by Ci~. 9. Adv~s ~d Pa~enm bv A~li~t. ~d ~lo~nc~ by ~e Ci~. Ad~c~ ~d.pa~m~ by A~li~nt Exc~ ~ ~o~ he~r, Applic~ s~l ~ ~si~ ~ ~ Ci~, ~or ~ the i~a~on of~y work ~d ~1 ~y ~e ~sts m en~eer, d~i~ A~men~ as s~ on ~ibit C, ~ follo~: 1. En~ineer/n~ and Desima Cgstnl The Applic~t shall deposit with the City the amount for Enlgi~eering and Design Corn as set forth in Exhibit C, net of any allowances provided by the City, as specified in Section 9B(1) (the "Engineering and Design Costs Depos/t") which C/vd ghall u~e to design and engineer thc Distribution Linc Extension and Service Line Extensions to be installed by the City under thc terms of th/s Agreement Applicant shall not be responsible for Engineering and Design Costs that exc~cd the Eng/rloer/ng and Design Costs Deposit, net of any such allowance. 2. ~Insvection Costs. The Applicant shall upon the completion of the design and cng/nccr/n8 of thc Distn'but/on L/ne Extension and Service L/ne Extensions shall deposit w/th the City the amount for Inspect/on Costs set forth ia Exh/bit C, net of any allowances prov/ded by the City, as spccifiexi in Sect/on 9B(2) (the "Inspect/on Costs Deposit") wh/¢h CRy shall use to/:/aver all indirect/on related co,ts. Applicant not be responsible for/nSl:eCt/on costs that exceed the Inspect/on Costs Dcpo$it, net of atay such allowance. 3. D/~tr/bution L/ne Ex~enslon Cos~ The Applicant shall dcpos/t w/th City thc amount for D/stn3ution L/n~ Costs set forth/n Exh/bit C, net or'any allowances prov/ded by thc City, as spec/fled in Sect/on 9B(3) (the 'Distr/but/on Line ex~nsion Costa Dcpoalt~) wh/ch City shall use for the COnSmaCt/on and installation of the Distribution L/nc EXtel~on Facilities, in a~orda~e8 w/th the PI~R$ aad Specificat/ons, including but not lim/~ to, all cable, connect/oas, cqu/pment, substru~x~res, switches, and transformers Applicant shall not be respomn'ble for Distr/but/oa L/ne Extension Costs that exceed the Distr/bufion Line Extension Costs Deposit, net of any such allowance. 4.. /~:~U,~//gg~gI~. Th~ Applicant ~hA!l deposit with thc City the amount for Service Extensiom Costs set forth in Exhibit C~ net of any allowances prov/ded by the C/ty, as spec/fled/n Scct/on 9]5(4) (the '$erv/ce Extension Costs Deposit") which City shall use for the construCt/on and installation of Scrv/ce Line Extensions,/n accordance w/th the Plans and Spec/ficat/ons, includ/n& but not 1/m/ted to, the construct/on and installat/on of all s~rv/cc cables, connections, equipment, transformers, and meters. At)pi/cant shall not be responsible for Service Extension Costs that 4 RpP 16 03 03:49p S~eve SohaFeneokem (310J 544-7477 p.G exceed the Service Extension Costs Deposit, net of any such allowance. ~L~._.~.~. The City shnll submit to Applicant written request for any deposit required in Section 9.A. 1 through Section 9.A.4, specifying the sp~ific requirement for any such deposit and the amount. Applicant shall remit such amount to the City not less rlum twenty (20) calendar days after the City's request is dispatch~L B. s~~.y.~.~. City shall make ~he following allowances, as shown on Exhibit C, ~o Applicant in ac, cordauco with Rules 1:5 and 16 of the ~ectric T~ffRules of SCE: 1. En~ineerin~ and Des/an Co~t~, The City shall provide an allowance to offset Appli ._c~t. '_s_Engineerlng and Design Costs Deposit for the costs of Design and Englnecring for thc Distribution Line Extension and Service Line Extensions to b~ installed by the City pursuant to Section 9A (I) above, as set for~ in Exhibit C, Tho allowance shall apply forly-five (45) business days afar the date thai the Cily has issued the first building pmnit for the development included in F_.xlu~oit A, 2, Insvection Costs, The City shall provide an allowance to offset Applicanfs Inspection Cosfs Deposit for the cost of Inspection pursuant to Sectiol~ 9A (2) above, as s~l forth in F. xh~it C. 3. Dis~ribut-ion L/ne Ext~slo~ Costs The City shall provide an allowance to offset Applicant's Distribution Line Extension Costs Deposit for ~he cost to construct and install the DistribulJon Line Extension pursuan! to Section 9A(3) above, as set forth in Exhibit C. 4. Sol'vice Line ]~xtension Cost~ The City shall provide an Allowance to o~et Applicanfs Service Line Extension Costs Deposit for the cost to co~aict and install the Service Line E~ion pursuant w S~tion 9A(4) above, as sei forth in Exhibit C. $. Reimburseanent. The Applicant may ~t-e info account any allowances provided by the City, as set forth in Exhibit C, to offset deposits required by Section 9 (A) above, RpP 15 03 03:49p Steve Soha~enaokeP (310J 544-747? p.7 10. Payment Adjustments for Excess Faciliti~ ' If the load information provided by Applicant results in the City having installed City-installed Fa~ililies pursuant to Sections 2, 3, ~ and 9 above which are capable o£ serving more than 12~% of the actual peak seasonal loads on tbe Property, then City may remove such City-Installed Facilities that would be used to serve peak season loads on the Property that are in excess of 12~% of the Propen'y's peak service seasonal load, Ci~ shall reimburse Applioan! for the cost to r~pair any dama~ that Cit~ may cause to the Property in remo,nng su~tt ~xcass City-Installed Fa~liities. s eial uimen: In. allo on and Removal, When a imationarises whereby Applican! reqnasts City to install, oparat~, maintain, repair and replace Sl~.~ial or non- andard uiilay-ow ea e,:l ipm t Equipment"), as such term is generally described under Rule 1S oftbe SCE elec~ic tariff; as necessa~ to provide utility service or perform utility work, Applicant agrees to pay the costs to install the Applicant requested Sp~ial Equipm.~t. Applicant fth~ber agr~s that, shouid any Special Equll~ment requested by and installed on behalf o£,6.pplieant ueed to be repla~ad for any mason, it shall be Applioant's responsibility to mAk~ arrangements and to pay the cost to have the Special Equipment removed md rcplao~ Thc City .shall b~ respolisible for fumlshtn~ and delivering any replacement Special Equipment to the Property. Thc City hereby agrees to the Special Equipmeal location on the following t~rtms and conditions: A. Applicant shall furnish, install; own and maintain thc Sl~ciul Equipment area within or upon its building at its sole co~ The construedon of the area shall comply with all applicable buildin~ code requ/rem~nts. The site, actress, location, and ~ent the Speciul Equipment shall be subject to the City's pr/or written alYl~oval. ~ ~ chaI~o~ or additions thereto shall 1~ m!a~ only aier the City's prior writ'~i approval. Except for required m .~ntenanc~ of Special Equipment a~ea by Applicant, which maintenance shall be under the City's SUl:~rvtsion. The City shall be responsible for and shall control access to the Special Equipment ama. B. Applicant shall,mal~ prolmr arrangem~nl~ ahd pay all lira associated with the initial and all subsequent in~tallattorm and removals of the City's equipment into or from the Sl~al F-4uipment area. C. Applicant shall f 'ni install, own and maintain all primary and secondary condulls necessary for such Special Equipment within the Property at its sole cost. The plans for the installation of the secondary service facilities, termination details, and other 6 Rpr 16 03 03:*Sp Steve Scha~enaoker (310J 544-7477 associated facilities installed by Applicant for the City use shall be subject to the City's prior wri~ approval and shall comply with all applicable code requirements. D. Al~plioan~ accepts res~nsibility for any service in~ruption that may result from the City not having clear access m the Special Equipment ar~ 12. Cy~neral Access. Whore it is necessary for the City to install CRy-hastalled Facilities on Applicam's Propt~ly pursuant to this Agre~aent, Applicant shall grant to thecity by separate insm,m nt an0 subjgt to to,ms uno conditions generally applicable to similar entry situations: (a) the right to install, ow~ and m,sint~ia such Facilities on Appli~t's Property together with sufficient legal clearance betwee~ all structures now or hereafter erected on Applicant's Prol~; (b) the fight to enter and leave Applicant's premises for any purpose conned with the furnishing of el~.~e servt~e (meter rea~ln~., i~s~ion, testing, ro~/n_~ rei~ir~, mamto~nce, r~lacament, erner~y WOrig~.~ an-d ~ei'oisa of any and all rights scoured to it by law or under th~ City's rules and regnlatiwas for electric s~rvioe. The City acknowledges and agrees that the Ci~y- Instsll~l Facilities that are located on Applicant's Property may be local~xi in tbe same trench as erbar utilities that are rr. eded to serve the Prolg~ty. Thc City ngr~s to execu~ a joint ~'ench a~ruement with terms conditions that are gr. nerally applicable to situations similar to that set forth in this Agreement 13. L d_L_~. Where formal rights.of-way, easements, land leases, or permits are r~uircd by the City for tha installation of the Facilities on and over Applicant's Property, or the property ofothom, Applicant understands ~nd agrees that the City shall not I~ obligated to install the Facilities or acco~ the Facilities inst~lled by Applie, ant or th~ Approved Contngtor unless and until any nece~ssary perm~nt rights-of, way, ~asem~s, land leases, or permits, in a form ,~d cont~-nt r~asonably s~tisfa~or~v to th~ City, are granmcl m or obtained for the City without cost to City or without th~ exercise oftl~ City's power of eminent domain_ If the City is unable to obta/n such land rights, Applicant shall ebon them st its sole cost and expense. Such land rights shall include the right of aoce~ss and right to trim tr~s as ne~sary to maintain required legal clearances fi'om overhead wtre~, as speoii~¢d by City, City acknowledges and agrees tturt thc land rights maY require a joint ~noh agre~raen~ in a form and with terms and conditions generally applicable to similar situations. A~C~I~e aa~l Co~vev~.o~ Ul~a (a) the City's r~eil~ ofany required permanent rights-of-way, em*,*,~ersts, lea~¢s, and l~rmita, or o~hor necessary la~d rights and (b) th~ City's energizatiun of Facilities installed, Applicam shall concurgntly grant, warran~ ami convey to the City, its 7 Rp~ 16 Oa 03~50p $~eve $oha~enaoker [310J 544-7477 p.9 successors and assigns, all rights, title and interest in and to nil such work and Facilities, free and clear of all liens and encumbrances and shall execme any reasonable wr/ttsn insti'ument memorializing thc same. Safety Precautions. Applicant shall as~rtein ihe location of all existing elecUic, gas, telecommunications, water, wastewater and other surface and below grade lines, siructures, improvements and facilities within Applicant's Prol~rrty ("Existing lmprovement~") and flu'thor shall inspect the Pwperty, both init/ally and pcrJed/cally during/nstallation, to vet/fy thc location of all existing wet and dry utility improvements and the now City Facilities. Applicant shall provide City with such as built drawings as it may havc. Each parly shall perform all work in compliancc with applicable fedend, state, and loc, d law~ rule~ and r~gulatinns. The Appllcant shall inform all persons doing work in preximi~y to the location of the City's Facilities, m ~11 as all other improvements described berein, .and ensure that all work ofuon-City employees is planned/md conducted m a manner to safeguard 9etsons and ptol~rty/~om injury. Work perfomied inclnsc proximity to the City's energized Facilities, or others' energ/zed elr~tric facilities also shall be performed in accordance with established Cai-OSHA safety rules and practices, and as may be directed by t~ City. Only F:r~onn~l duly authorized by the City are allowed to connect or disconnec~ conductors from the City-owned Service Facilities, or perform any work upon the City-owned existing Facilities. A. ~F.9..qT&]~i.~_. Neither party shall be responsible for any delay in either the pcrformaucc of Applicant's responsibilities under this Agreement, or the installation or completion of the Facilities by gm City, whom such delay results from a shortage of labor or mater/uis, strike, weather cond/tiom, governmental rul~, ~ogulat/on or order, incl,01-_g orden or judgments of any court or coramission, delay in obtaining necessary land rights, act of G-od, or any o~her cause or condition t~yond the control offthe City or Applicant. Thc paW/esserting delay (the "Delayed Party") shall provide written noticc to the other party at the earliest possible date . of the reason for thc delay and the expeoted length of the delay. The Delayed Party shall usc ressonablc commercial efforts to attempt ~o rectify the cau~ ofthc &lay. If thc Delayed Party 1~ not rectified thc cause of the delay with/n 15 days, the party no~ ~zse. rting delay may ~erform the work and bill the Delayed Parry for the reasonable costs of performance. The Delayed Party shall bo responsible for reimbursing tho other party for the cost of the work performed. B. ~. The City shall have the right, in the event it is unable, due to an event which qualifies under Section 16(A) above, to obtain sufficiem supplies, ma~rials, or labor for all of its consmlction requirements, to allocate materials and labor to ?onshalction projects which it deems, in its sole d/scret/on, most important to serve the needs of its customers, Any delay in conslruction hereunder resultint~ from such allocation shall be d~cmcd to b= beyond thc City's canlrol. The City shall immediately provide notioe to Applicant of the cause of · circumstances and expected length of delay. Ifthe City has not rectified the cause of the delay within 15 days of the notice, Applicant may perform the work and bill the City for the reasonable cost ofpefformanc~ Thc City shall be responsible for reimbursing the Applicant for the cost of work performed. C. Inflation. In the event that the City is prevented from commencing the hmallation of thc Facilities for reasons beyond i~s reasonable bocirol within nv¢lve (12) montla followinl~ the Effective Da~e of this Agreement, the City shall have the right to revise the cost figures specified in Section 9 to reflect increases in costs arising since thc.original costs were determined. Similarly, the allowances set forth m Exlu~oit C shall be re-computed in accordance $CE's then current Rule 15 and 16 allowance calculations. The City shall notify Applicant of such increased costs and give the Applicant th~ option to either terwin_~r.e this A~reement or pay the City ihe aclditiotml oharges. Suoh election s~,,' bc msd~ by tho Applicant not later ~ the twentieth (20~h) business day dispatch of notice by City; a non-response after this notice per/od lal~Ses sludl be doomed Applicant's agr~ment to pay the hi~her charge. 17. Chan~e Ord~r~ and Relocation~ All slandard design or chanb~s made in the field, which affect thc chartles to Applicant, will be made using an Agreement Change Order form to be supplied by City. These field changes, inoluding, but not limited to unforeseen field conditions which may result in additional work or costs by Applicant m~y require sketch revisions of work order drawings az determined by the City. All such revisions shall be integrated with and attached to th~ Plans and Specifications by City upon receipt of tho same. Uoforc~vcn field conditiom include, but are not limi~l to, contaminated sell and/or obsiru~.ions. Thc proper ~xccution and attachment of the Agreement Change Order, and any necessary changes to supersede Exhibit B resulting from the Change Order, constitutes formal amendment to this Agreement. Applicant shall pay the City for a~y such chaoses in uccordanve with Section 9. Hp~ 1~ 03 03:51p S~eve $~haFena~ke~ ~310) 544-7477 p.11 Notwithstanding anything to th~ contrary, if the requested chan~es are in addition to or substitution for the standard electrical facilities thai the City would normally in~lll, then a Special Facilities Agreement, to be provided by the City, shall be required. Termi.narien of A~reement. In the event Applicant has not subs~ntially fulfilled its obligations under this Agreement within twelve (12) eonseoutive calendar months following th~ Eff~tw Date of this Agreement, and th~ City is unable to proceed hereund% tl~ City shall have the fight to ierminale and/or supersede this Agreement upon thirty (30) days' written notiez to Applicant Upon such notice the City will catleulale any amouuts that may be due, b~-sed on that portion of the dislributlon system th~n complet~t, as desoribed in Seffdons $ and 9 of this Agreement. Tbe superseding Agreement, if any, shall be in substantially the same form as this Agreement, shall be cx~vuted by the parties hereto and shall - --l~rovide that costs be allocated to tl~ portion ofth~ DlsmSution gy~m~m then completed, if eny, consistent with those cosls estimated by the Cily for this Ag~nn~nt II'lifts A~lml is lffffiinated as se! ~rth above, Applicall! lllfth~r agre~ to forfeit that portion of the deposit(s) rccluired purauant to Section 9A above, as offal by the Allowances set forth in Sevllon 9B, which Appli~. nt has paid to the Cily for its expenses covering any ~jneering, surveying, riflht-of-way, r~moval, a~luisition and other wo~ incurred by the City. F.y, hibit D shows ~e City's planned construction milestones to install th~ City-Installed Facilities and the Asplieant's planned mflestone~ ~h~_ will require coniinuous and uninterrupted electrical service by D~.~m~ 15, 2003. The City will provide to Applicant written eonfinnalion by August 30, 2003 Of the City's ability to provide by no lal~r than December 1:~, 2003 c.~atinuous and unimemrp~ eleotrical servi~c lo Applicant's projeot inoludiug obfslni~l~ all noc~ssa.,y regulatory and in~reoane~ion approvals. Iu the ev. en~ ~ the City has not fulfilled ils obligations under this Agreement or m~no! commit by August 30, 2003 to serve Applicant's project by December 1~, 2003 with continuous and uninten-up~ .eleeutad servi~a, i,~oluding obtaiulng all n~.s~ry r~la~ory aud mlereoanectio~ approvals, Applicant shall have thc right to terminat~ this Agreement upon (30) days written notioe to the City. In the ~vent th~ Cily commits by August 30, 2003 to s~rvc Applie~t's proje~m by De~ember IS, 2003 wi~h couliuuous a~d unin~errup~ ~l~arical s~rvic~, in~ludiug obiaininff all necessary regulatory and in~rconne~iou approvals, but falls tO achieve in a ~imdy manner any of the milestones ocourring theroattar Applicant shall have the right to teauiuaiu this Agreemenl upon written 10 Rp~ 16 03 03:51p Steve SohaCenaoke~ (310) 544-7477 p.12 notice to the City or upon Applicants sole determination, compel the City to accelerate its work. To the extent that City is delayed in completing the electrical scndce obligations under ~ Agreement and City and Applicant agree in writing to a reasonable extension of time for City to meet its obligations, the City will provide, at no additional ext-~,,_~e to Appligimt, sufficient temponuy elc~rical power, by means of generators and/or third party eleclrical service support, all such electrical ~'rvice as may be required to meet Applic~ntz no:x~. City shall operate and maintain such temporary clerical service until such time as the City-Installed Facilities arc complete and operable, ffApplicant's commitmen~ to have continuous and uninterrupted power to serve the firs~ load for the Property is delayed, the d~tes in this s~ion will be ex-~-nded ~m a d~y for day basis to coiucidc with the later ~_~'_ s in the proje~ schedule. Indemnification and Withh0idin~ A. Alyoli~allt's Inde~t~ca~oa ofthe Ci~. Al~lica~t ~ indemnify, defend with counsel reasonably sagsfsotory to City, and hold herrules~ the City, vl~d and appointed offioials, contractors, consultants and employ~c~ (collectively "City Ind~mnil~c~"),' from and against all claims, d~nands, losses, damages, costs, expenses, and legal liability connected with or . resulting from injury to or d~th ofpersons, including but not limited to employe~ of the City or Applicant, or to aalural resources, or violation oflmy local, state or federal law or · re~ulatiun, including but not limii~d to environm~tal laws or regulations, or strict liability imposed by any law or regulation, arisIng out of, related to, or i~ any way connected with Applicant's breach of this Agreement, or negligent or willful misconduct, whether active or passive. Applicant acknowledges that any claims, demand.s, loses, damages, ~osts, expenses, and legal liability that aris~ out ot~ r~sult t~rom, or ar~ in any way vonn~-'Xed with the release of any legally designated hazardous material or waste as a result of the work performed by Applicant under this Agreement are expressly within tho scope 0f this indemnity, and thai costs, expenses, and legal liabilii-y for environmemal inve.~igatinns, monitoring, ~o~inment, abatements, removal, repair, olean up, r~stomtion, ~n~lial work, penalties, and fines arising fixnn the violation of any l~l, state or federallaw, or regulation, attorney's fees, disbursements, and other response costs are expressly w/thin the scope of this indemnity. Applicant shall, on the City's request, pay for tl~ defense of any action, ~laim or suit asserting a claim or action covered by this indemnity. Applicant zhall ~y costs that may be incurred by the Il RpP 16 03 03:51p S~eve SohaFenackeP (310J 5~4-7477 p.13 City in enforcin~ this indemnity, i~cluding reasonable attorney's f~es. In addition to any other right'to w~thhold, ~he City may withhold from any reimbursement duc Applicant hereunder such amouuts as,/n the City's reasonable opinion, are reasonably necessary to ~ prey/de security against all loss, damage, expenses and l/ability covered by the fu~ ~oing inderantflca~/on provisions. In addition to the for~go/ng Applicant shall provide City prepa/d !nsurance polio/es nam/ng City as the insured, provid/ng coverage In a ti~. amount and scope as required by City. B. City's Indemnification of Aovlicsnt The City shall indemnify, defend with counsel of Applicant's select/on, and hold harmless Applicant, its officers, directors, agents, contractors, oonsultants and employes (colleci/vely "Appl/cant Indemn/tees"), from and aa/inst all iii/ms, legal liability connected with or result/nS from injury to or death of persons, inolucl/ng but not lira/ted to employees el~Applicant, the City. contractor or subcontractor, injury to Propi~'y of Applicant, tho City, or any third party, or to natural resources, or violation of any local, siam, or Federal law or re/ulat/on./nolud/n~ but not !ira/ted to env/ranmental laws or rel~flat/ons, or strict liability nnposed by any law or regulation, ar/sing out of, related to. or in any way conneoted to the City's broach of this Agn:em~ The City acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liabil/ty that ar/se out of, result from, or are in any way connected with tho release or spill of any legally desi~s~d hazardous material or waste as a result of the work perfonned by th~ City under th/s Agreement are expressly with/n the scop~ of this indcm~/ty, and that the costs, exp~nses, and legal liabil/ty for env/ronmental investigations, mon/tor/n~ containment, abat~raent, removal, repair, cleanup, restomfiun, remedial work, penalties, and fines ads/n~ from tho v/oht/on of any local, state, or federal law or re/,,ulation, attorney's fees, d/sbursemants, and other response costs am exp~ssly within tho scope ofth/s indemn/ty. Tho City shall, on Applicant's request, pay for the defl=nse of any action, cla/m or su/t asserting a cla/m covered by ,th/s indenmity. The City shall pay all costs that may enforcing this indemnity,/ncluding reasonable a~tomey's fees. In add/fion to the foregoing, the City shall provide Applicant prepaid/nsurance poi/c/es naminl~ Applicant and its contractor as 12 Rpr 1S 03 03:52p Steve Sohafenaoker (310J 544-747? p.14 additional insureds, providing coverage, ia a type, amount and scope required by the Applicant for work on the Property 20. Ass/ f Con A . Applicant may assign th/s Agreement, in whole or in part. so long as the City first consents ia wr/t/ng to such Assignment and the party to whom the Agreement is assigned ("Ass/gn~') agrees, La wr/tiag ia form and content reasonably aceeptable to City and whioh has been delive~d to City, to perform ~ obl/gagons of Applicant hereunder. Assignment ofth/s Agreement shall not r~lease Applicant fi'om ~y ofth~ obligations under this Agreement unless otherwise provided for in a wri.'aen insmmaent ex~cuted by City, Applicara and all third parties. Such asstgnm~nt shall be deemed to include Applicant's right to any refund then unl~id or whioh may thereaflgr bec, omo payable. Notwithstanding the foregoing, Applicant may assign this Agreement, w/thout the vonsent of tl~ City, to any af~liate of Forest City Enm'prises, Inc. and/or any affiliat~ of_Lewis Opera_.'.t~gCo. and/or any entity that eith~i-~ IX~th-li/vEa ~onfi~Hing interest 21. ~oint and Sev~. Where two or more individuals or entitins are joint applic~n~ under this Agreement, the City shall d/root all comman/¢a~/ons, charges and refunds to Applicant designated below, but all Applicants shall be jointly and severally l/able to comply with all terms and conditions here~. Notw/thstanding the foregoing, the failure of any Applicant to perform d~ll ex, use City's pefform~noe as to all Applicants unl~ City waives this right 22. ~arrantv. Applicant shall warrant that all materials and workmanship performed or otherwis~ provided by Applicam ~h~l! b~ free of all defeots and fit for its intend~ purposes. The wammty beg/ns with the date of final acceptance of the Facilifieg by the City for: (a) on~ yom-, ortl~ equipment manu/~eturer's warranty, wh/chever is greater, coveting labor and material cost of equipment furnis_h_~ and installed by Appliean/and (b) h~o (2) years covering the trenching and backfilling on the Propexty. In the event Applicant's work or mater/als provided under this ~ent fa/is to confoan ~o 1he wan'amy or are damaged by Al~lic, ang the Oily, in addition to any other remedies it has in law or equity, shall have the fight to offset sach amount against any refund then unpaid and/or ~ Applicant shall reimburse to ~ City the coats incurred by City for the repair and/or replacement of the work or equipment, as deemed necassary by the City. Such reimbursements shall be non-refundable. City shall warrant that all the materials and workrnansh/p performed or otherwise prey/dod by City shall be free of~ll defects ~md fit for its intended purposes. The City shall warrant that the materials that it uves and its workmanship and performance under the Agreement shall be 13 Rpr 16 03 03:52p Steve S~hafenaekep (310J 544-?~77 p, t5 comparable to the materials, workmanship and performance provided by publicly owned electric utilities operating in southern California that are subject to the jurisdiction oft he California Public Utilities Commission, and more specifically, in accordance with iCE specifications. 23. ~. This Agreement shall be binding when (a) the Agreement is signed by Applicant and delivered to the City within thirty.five (3:5) days of issuance, and Co) th~ Agreement is accepted and executed by thc City ("Effective Date.") Ii'Applicant is a ¢orporalion~ pannerahip, jolm venture or a group of individuals, the subscriber hereto represents thai he or she has thc authorily to bind said corporation, patlnets, joint venture or individuals as the case may be and, upon request, shall provide written proof of th~ same. 24. Electric Rates to End-U~'rs It is the City's intent ~hat retail rates for electric consumption to end-users will not be greater than the comparable Southern California Edison Company rate tariff. This intention is addressed further in the Binding Memorandum of Und~rstandlns and any subsequent Electric Power Agreement between the Cily and Applicant. The effectiveness of this Aglcemeat is confinger~ upon thc City and Applicant asr~ing to the Binding Memorandum of Understlmding 25. 3urisdiction_. The venue for any legal disputes betw~n the City and Applicant shall be in the Superior Court of ihs County of San Bemardino, California for all purposes. 26. Notice. The parties hereto shall give notice, where notice is required to be given to the following person at the following address. If to the City City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91729 Attention: William.l. O'Neil, City l~r With a copy to: Richards, Watson & Gershon 1 C2ivie Center Cirole Brea, California 92821 Alienfion: William P. Curley III, Assistant City Attorney If to the Applicant: Victoria (}ardens lVlall, LLC edo Forest City Development California, Inc. 949 $. Hope Street 14 ~4/15/2~3 21:19 3~35727288 W~T~N HOT~ P~ 83/83 Rpr 16 03 03=53p Sieve Soha~enaokeP [310J 5~-?~77 p,17 Rp~ 16 03 0~55p S%eve $oha~enae~e~ (310J 5~4-7477 p. I9 EXHIBIT C Cost SummaU Descriotion Dec. sit Allowance Net Deposit Engineering and Design Costs $ 28,700 - $ 28,700' $ 0 Inspection Costs $ 33,000 - $ 33,000 $ 0 Distribution Line Extension Costs $ 742,525 - $ 742,525 $ 0 Servicc Extension Corn $ 488,300 - $ 488,300 $ 0 * The ~lloWance for Engineering and Design Costs will be issucd within forty-fivc (45) business days after thc City issues the f'ust building permit for the development included /n ~,XllJbit A~ 18 Rpr 16 03 03:55p Steve Scha~enaoker (310) 544-7477 p.20 EXI-11B1T D Project Mil~stones City: Da*~ A~ion April 16, 2003 Approve purchase of 66 kV 15/20/25 MVA transformem April 16, 2003 Approve $CE's Engincerin§, Design and Procurement Letter Agreement for66 kV substation intemonne~tion July 24, 2003 Approve contract to ¢ons~uct distribution facilities August 30, 2003 Written confirmation on ~bili~ to provide cle, otrlo ~rvioo -- $eptemlmr3,.2003 Approve.contract to.conslruct el~tric.substation. Octol~r 1, 2003 Install conduits ami substructures from City-owned substation to and including Day Crook Boul~-ard. December 1, 2003 Pull cable and install equipment to serve Robinson May parcel. Dce~mber 15, 2003 Provide power to Robinson May parcel Applicant: Datg .Actign May 1, 2003 Purchase and inittatc grading August 1, 2003 Award contngt to install dry utilities November I, 2003 Imtall conduits and structures in Victoria Gardens Lane November 12, 2003 Install conduits and ~tructures for Robinson May parcel April 23, 2004 Imtall conduits and structures for remaining p~xccls BOB DUTTON April l0, 2003 Mayor and Members of the City Council City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Dear Mayor and Council Members: As a resident and former City Councilmember of the City of Rancho Cucamonga, I am writing to express my support of the implementation of a Municipal Utility to provide electrical service in the Victoria Arbors area. Given the uncertainty of the State Energy Policy, I believe that this will enable the City to take the necessary steps to provide an affordable and adequate power supply. I also believe that this action wig put the City in a better position to deal with the future power requirements of our community. I am proud to lend my support to this project. Please contact my office at (916)319-2063 if we can be of any assistance. Sincerely, Bob Dutton Bob Dutton 10681 Foothill Blvd., Suite 340, Rancho Cueamonga, CA 91730 (909) 481-3230 Fax (909) 9804134 DEVELOPMENT CO. April 15, 2003 Mayor and Members of the City Council City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Dear Mayor and Council Members: I would like to take this opportunity to let you know we support the implementation of a Municipal Utility to provide electrical service in the Victoria Arbors area. V~th the uncertainty resulting from the deregulation of the California Electrical Market and the fluctuations in prices, it seems prudent the City would make some attempt to provide a secure power supply for commercial/industrial projects within the Victoria Arbors area. Again, please be advised we support this project and are looking forward to being an electrical utility customer for the City of Rancho Cucamonga. Very truly yours, Cucamonga 220, L.P., by its agent, America Beauty Development Co. Daniel Shine President DS:cE 16830 Ventura Boulevard, Suite 401, F. ncino, California 91436 Te/epho~: (818) 981.4900 Ext. 113 Fax:. (818) 981.4821 Email: dshine@abdco.com 2131 CONVENTION CENTER WAY, SUITE A · ONTARIO, CALIFORNIA 91764 (909) 390-2900 · FAX (909) 390-2956 CHEVROLET April 15, 2003 Mayor and Members of the City Council City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA. 91729 Dear Mayor and Council Members: I would like to take this oppommity to let you know we support the implementation of a Municipal Utility to provide electrical service in the Victoria Arbors area. With the uncertainty resulting from the deregulation of the California Electrical Market and the fluctuations in prices, it seems prudent the city would make some attempt to provide a secure power supply for commercial/indnstrial projects within the Victoria Arbors area. Again, please he advised we support this project and the City of Rancho Cucamonga. Very truly yours, ~'~ Christopher Leggio Vice President Mark Christopher Auto Center CALIFORNIA'S #1 TRUCK SALES LEADER SINCE 1990 Ap~ 16, 2003 Mayor end Membe~ of the City Council City of R"~o 0"---.-~ P.O. Box 807 Rancho O.'-~,-_m. CA 91729 Va~Tn~ ~our~ 5510 Motebou~ D6~ve #2OO San Diego, Ca 92121 ($58) 45%2123 Sm ~ CA 92121 (8~8),4.S7~123 (~) 457..4174 an~ APR-15-2~3(TUE) 10:22 , P.~02/0~2 Marketplace Properties 13522 Ney/per! Avenue. $~lt~ 100 Tustin, CA ~2'180 (714)731-8888 FA.X (714) 730'3525 April 11, 2003 V_IA FACSIMILE Mayor and Members of the City Council City of Rancho Cucamonga P.O, 8ox 807 Rancho Cucamonga, CA 91729 Dear Mayor and Council Members: I would like to take this opportunity to let you know we support the implementation of a Municipal Utility to provide electrical service in the Victoda Ar'bom ama. With the uncertainty resulting from the deregulation of the California Electrical Market and the fluctuations in prices, it seems prudent the City would make some attempt to provide a secure power supply for commercial/industrial projects within the Victoria Arbors area. We wish you good luck in implementing this new program. Sincerely, MARKETPLACE PROPERTIES Donald J. Howard Senior Vice President. Development Member of Intematim~al Council of Shop~ing Centem RESOLUTION NO. 03- ./~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONSENTING TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY ADVANCING FUNDS FOR ELECTRICAL FACILITIES AND MAKING FINDINGS RELATED THERETO. A. RECITALS. (i) The Rancho Cucamonga Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement its Redevelopment Plan for its Rancho Cucamonga Redevelopment Project Area ("Project Area"). (ii) In order to implement the Redevelopment Plan for the Project Area, the Agency proposes the development and improvement of certain real property located in the Project Area pursuant to the terms and provisions of that certain approved Disposition and Development Agreement ("DDA") discussed herein by and between the Agency and Victoria Gardens - C, L.L.C. ("Developer"), concerning approximately 147 acres of lap~d ("the Site") located south of Foothill Boulevard and west of 1-15 and a project for the development of a regional commercial area, community amenities and housing on that land. (iii) In order to assure the constant provision of electrical services to the Site at a constant and reasonable rate, the City of Rancho Cucamonga is in the process of establishing an electrical utility which will provide those services through certain physical facilities ("the Facilities" hereinafter). Agency proposes to advance funds for the construction of the Facilities. Accordingly, California Health and Safety Code Section 33445 requires that certain findings be made to support said advance. B. RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA as follows: 1. This Council hereby finds that the facts stated in the Recitals, Part A,' of this Resolution are true and correct. 2. This Council hereby consents to Agency advancing funds to acquire and construct the Facilities in an mount not to exceed $15 million. Repayment of said advances shall be reflected in a Promissory Note made by the City of Rancho Cucamonga with principal owed accruing interest at.the rate of 5% compounded annually, the first payment due on July 1, 2008, with even payments to be made monthly thereafter for a total payment period of thirty (30) years. 11231\0001\729S00 1 ~ 3. In accordance with California Health and Safety Code Section 33445, this. Council hereby makes the following findings in reference to Agency's making advances for the Facilities. a. All of the Facilities are of benefit to the Project Area; b. No other reasonable means of financing the Facilities are available to the community; c. Agency's payment for the Facilities will assist in the elimination of one or more blighting conditions inside the Project Area; and d. The installation of the Facilities is consistent with Agency's Implementation Plan adopted pursuant to Health and Safety Code Section 33490. 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED, AND ADOPTED this 16th day of April 2003. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 16th day of April, 2003. Executed this 17th day of April, 2003, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk 11231\0001\729800 2 ~a~27 Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 1 April 8, 2003 William J. O'Neil City Engineer City of Rancho Cucamonga DRAFT 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Re: Engineering, Design and Procurement Letter Agreement for the Victoria Arbors Proiect Dear Mr. O'Neil: The City of Rancho Cucamonga ("Rancho Cucamonga") has submitted an application to the Southern California Edison Company ("SCE") for Distribution Service under the terms of SCE's Wholesale'Distribution Access Tariff ("WDAT") from the ISO Grid at the Etiwanda Generating Station 220 kV bus to a new 66 kV substation to be located at the northeast corner of Rochester Avenue and Stadium Parkway in the city of Rancho Cucamonga ("Arbors Substation"). Rancho Cucamonga intends to serve the commercial customers in a new development known as Victoria Arbors (the "Project"). The maximum amount of Distribution Service requested by Rancho Cucamonga is 3.867 MW for the initial year, with an incremental increase each year, not to exceed 20.636 MW by January 1, 2018. All capitalized terms used herein, and not otherwise defined, shall have the meaning ascribed to that term in SCE's WDAT. SCE completed a System Impact Study and a Facilities Study for Rancho Cucamonga. An interconnection agreement containing the terms for SCE to engineer, design, construct, own, operate and maintain, and for Rancho Cucamonga to pay for, the interconnection facilities and distribution system facilities identified in the Facilities Study may subsequently be developed if Rancho Cucamonga decides to proceed with its Project. However, in the interest of timely completion of the interconnection facilities and distribution system facilities, the parties desire that SCE commence the engineering, design and procurement of material and equipment for such facilities prior to the execution of any interconnection agreement. The purpose of this letter agreement ("Agreement") is to provide an interim arrangement pursuant to which SCE will commence the engineering, design, and procurement of material and equipment for the interconnection facilities and distribution system facilities, as identified in Exhibit A hereto, necessary to interconnect the Project to the Arbors Substation and for the transmission of energy from the ISO Grid to the Arbors Substation, as follows: issued by: James A. Cuillier Manager, FERC Rates & Regulation Issued on: Effective: Southern Catifornia Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 2 1. SCE will commence the engineering, design, and procurement of material and equipment for the interconnection facilities and distribution system facilities, as identified in Exhibit A hereto, required to interconnect the Project to the Arbors Substation and for the transmission of energy from the ISO Grid to the Arbors Substation. 2. Rancho Cucamonga will pay all of SCE's charges and expenses incurred for the engineering, design, and procurement of material and equipment for such interconnection facilities and distribution system facilities as provided in Section 1 above. The charges and expenses incurred pursuant to this Agreement shall include, without limitation, SCE's costs of SCE employees and contractors including related overheads. Such charges and expenses are estimated to be $1,991,000, as identified in Exhibit A hereto. 3. Rancho Cucamonga shall pay to SCE a deposit of $1,991,000 upon execution of this Agreement for SCE to perform its obligations under the terms of this Agreement. SCE shall notify Rancho Cucamonga in writing within a reasonable time if SCE learns that charges and expenses are likely to exceed the estimated amount. In such notification, SCE shall specify the additional deposit amount required to be paid by Rancho Cucamonga. Rancho Cucamonga shall pay such additional deposit within thirty (30) calendar days of such notification. If Rancho Cucamonga does not pay the additional deposit within such time, SCE may stop work and this Agreement shall terminate irnmediately upon written notice by SCE, subject to FERC acceptance or approval. SCE and Rancho Cucamonga intend to enter into an interconnection agreement that will state the terms for Rancho Cucamonga's payment of SCE's costs incurred for performing the work included in this Agreement. Such interconnection agreement would supersede this Agreement upon its effective date. Rancho Cucamonga's deposit under the terms of this Agreement would be credited to the amount due under the terms of the Interconnection Agreement. 4. SCE and Rancho Cucamonga are entering into this Agreement in order to expedite the engineering, design, and procurement of material and equipment for the intemonnection facilities and distribution system facilities to meet an in-service date of such facilities of ten (10) months from the date of receipt by S CE of an executed Agreement and deposit payment specified in Section 3 above. SCE does not warrant that the work will be completed in time to meet such date, and SCE shall not be liable for any cost or damage incurred by Rancho Cucamonga because of any delay in the completion of the facilities. 5. Subject to Section 6 below, this Agreement shall terminate upon the earliest of the following to occur: (i) notice that this Agreement is not accepted for filing by the Federal Energy Regulatory Commission ("FERC"); (ii) the effective date of an interconnection agreement which supersedes this Agreement as defined in such interconnection agreement; (iii) written notice from Rancho Cucamonga to SCE at any time; or (iv) written notice by SCE pursuant to Section 3. Rancho Cucamonga shall Issued by: James A. Cuillier Manager, FERC Rates & Regulation issued on: Effective: Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 3 have the right to terminate this Agreement by written notice at its sole discretion; in such event termination will become effective two (2) business days after receipt by SCE of the termination notice. 6. Rancho Cucamonga's obligations to pay charges and expenses incurred or irrevocably committed to be incurred pursuant to this Agreement as of the termination date of this Agreement will survive termination of this Agreement, except insofar as payment of such charges and expenses is provided for in an intercoanection agreement that is accepted for filing by the FERC and becomes effective. In the event of termination of this Agreement in the absence of such effective interconnection agreement, SCE shall submit an invoice to Rancho Cucamonga of all such charges and expenses within sixty (60) calendar days from the date of termination of this Agreement. a. In the event that Rancho Cucamonga's deposit paid in accordance with Section 3 of this Agreement, including any additional deposit amount paid pursuant to such Section 3, exceeds the amount, without interest, of SCE's charges and expenses incurred or irrevocably committed to be incurred, SCE shall return the excess amount to Rancho Cucamonga within thirty (30) calendar days after the date of such invoice provided in accordance with Section 6 hereof, without offset for any amount which may be in dispute. In the event of any such dispute, the parties shall promptly meet and attempt to resolve the dispute. In the event the parties determine that Rancho Cucamonga did not owe SCE the full amount paid, then SCE shall refund, without interest, the amount overpaid to Rancho Cucamonga within thirty (30) calendar days of such determination. b. In the event that Rancho Cucamonga's deposit paid in accordance with Section 3 of this Agreement, including any additional deposit amount paid pursuant to such Section 3, is less than the amount of SCE's charges and expenses incurred or irrevocably committed to be incurred, then Rancho Cucamonga shall pay the difference, as reflected in the invoice, within twenty (20) calendar days of receipt of such invoice provided in accordance with Section 6 hereof, without offset for any amount which may be in dispute. In the event of any such dispute, the parties shall promptly meet and attempt to resolve the dispute. In the event the parties determine that Rancho Cucamonga did not owe SCE the full the amount paid, then SCE shall refund, without interest, the amount overpaid to Rancho Cucamonga within thirty (30) calendar days of such determination. 7. SCE shall not be liable in damages to Rancho Cucamonga for any losses, damages, claims, liability, costs or expenses (including legal expenses) arising from the perfom~ance or non-performance of its obligations under this Agreement, except to the extent that they result from negligence or intentional wrongdoing on the part of SCE. 8. SCE shall not be liable to Rancho Cucamonga under any circumstances for any consequential or indirect financial loss including but not limited to loss of profit, loss of earnings or revenue, loss of use, loss of contract or loss of goodwill except to the extent that it results from negligence or intentional wrongdoing on the part of SCE. issued by: James A. Cuillier Manager, FERC Rates & Regulation Issued on: Effective: Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Odginal Sheet No. 4 9. Rancho Cucamonga, to the extent permitted by law, shall indemnify SCE and hold it harmless against all losses, damages, claims, liabilities, costs or expenses (including legal expenses) arising from any act or omission of Rancho Cucamonga except to the extent that they result from SCE's default under this Agreement or negligence or intentional wrongdoing on the part of SCE or of its officers, directors or employees. 10. In the event of the occurrence of an Uncontrollable Force, which prevents a party from performing any of its obligations under this Agreement, such party shall (i) immediately notify the other party in writing of the occurrence of such Uncontrollable Force, (ii) not be entitled to suspend performance of its obligations under this Agreement in any greater scope or for any longer duration than is required by the Uncontrollable Force, (iii) use its best efforts to mitigate the effects of such Uncontrollable Force, remedy its inability to perform and resume full performance of its obligations hereunder, (iv) keep the other party apprised of such efforts on a continual basis and (v) provide written notice of the resumption of its performance of its obligations hereunder. Notwithstanding any of the foregoing, the settlement of any strike, lockout or labor dispute constituting an Uncontrollable Force shall be within the sole discretion of the party involved in such strike, lockout or labor dispute and the requirement that a party must use its best efforts to mitigate the effects of the Uncontrollable Force and/or remedy its inability to perform and resume full performance of its obligations hereunder shall not apply to strikes, lockouts, or labor disputes. An Uncontrollable Force means any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities or any other cause beyond the reasonable control of the party which could not be avoided through the exercise of Good Utility Practice. Neither party will be considered in default of any obligation under this Agreement if prevented from fulfilling that obligation due to the occurrence of an Uncontrollable Force. l 1. This Agreement constitutes the complete and final expression of the agreement between the parties and is intended as a complete and exclusive statement of the terms of their agreement which supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications, and other agreements which may have been made in connection with the subject matter of this Agreement. Nothing in this Agreement is intended or shall be deemed to require SCE or Rancho Cucamonga to enter into any other agreement, including without limitation any agreement to construct the intercounection facilities and distribution system facilities or to interconnect the Project to the Arbors Substation; however, nothing herein shall limit in any way Rancho Cucamonga's right to receive interconnection service pursuant to applicable regulations and/or tariff provisions. Issued by: James A. Cuillier Manager, FERC Rates & Regulation issued on: Effective: Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 5 12. Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matter arising from this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter arising in connection therewith. Any delay, with the exception of the statutory period of limitation in assessing or enforcing any right, shall not be deemed a waiver of such right. 13. The covenants, obligations, and liabilities of the parties are intended to be several and not joint or collective, and nothing contained in this Agreement shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to either party. Each party shall be individually responsible for its own covenants, obligations, and liabilities as provided in this Agreement. Neither party shall be under the control of the other party. Neither party shall be the agent of or have a right or power to bind the other party without such other party's express written consent. 14. The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary either of this Agreement or of any duty, covenant, obligation, or undertaking established herein. 15. This Agreement shall be interpreted by and in accordance with the laws of the State of California. 16. This Agreement shall be binding upon the parties and their successors and assigns. No party shall assign this Agreement without the other party's prior written consent. 17. SCE will file this Agreement for acceptance by the FERC. Rancho Cucamonga shall support acceptance of this Agreement as filed, including waiver of any necessary filing and notice requirements. Such support shall include a written statement of concurrence with such filing, if requested by SCE. 18. Ambiguities or uncertainties in the wording of this Agreement shall not be construed for or against any party, but shall be construed in the manner that most accurately reflects the parties' intent as of the date they executed this Agreement. Issued by: James A. Cuillier Manager, FERC Rates & Regulation Issued on: Effective: Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 6 19. This Agreement shall become effective on the date the fully executed Agreement and payment pursuant to Section 3 of this Agreement are received by SCE. If SCE does not receive the fully executed Agreement and payment within thirty (30) calendar days of Rancho Cucamonga's receipt, then the offer reflected in this Agreement will expire and this Agreement will be of no effect. SOUTHERN CALIFORNIA EDISON COMPANY By. Richard M. Rosenblum Senior Vice President Agreed to this ___day of ,2003 CITY OF RANCHO CUCAMONGA DRAFT William J. O'Neil City Engineer Issued by: James A. Cuillier Manager, FERC Rates & Regulation Issued on: Effective: Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 7 EXHIBIT A SCOPE OF WORK AND ESTIMATED COST SUMMARY Scope: Commence to engineer, design and procure material and equipment for the following work required to intemonnect the Project to SCE's Distribution System: a. Substation: 1. Arbors Substation: i. Installation of a 66 kV interconnection facility with two-line service equipped with four 66 kV circuit breakers to serve two customer-owned transformer banks ii. Installation of two sets 9f 66 kV revenue metering equipment, two metering cabinets, one MEER and one Mini-RTU with USAT antenna 2. Archline Substation: Upgrade of line protection relays on the new Arbors 66 kV Line Position No. 1 b. Subtransmission: Loop the existing Etiwanda-Archline-Forge-MWD-Reduction 66 kV line into the new Arbors Substation and form the two new. Etiwanda-Forge-Arbors- MWD-Reduction and Archline-Arbors 66 kV lines. This work requires the installation of approximately 100 feet of new double-circuit 66 kV line equipped with 954SAC conductor and one new tubular steel pole. c. Telecommunications: Reconfigure the existing Etiwanda-Archline-MWD pilot wire to form the two new Etiwanda-Arbors-MWD and Arbors-Archline pilot wires. This work requires the installation of approximately 24,000 feet of 25/19 copper cable and 1,000 feet of 5-inch conduit. d. Corporate Real Estate: Acquire easements necessary for the construction of the SCE 66 kV line and interconnection facility. e. EMS (Metering): Install software for totalized compensated metering. f. 131-D Process: CPUC GO-131D permitting process. Issued by: James A. Cuillier Manager, FERC Rates & Regulation Issued on: Effective: ~,~ 5q Southern California Edison Company FERC Electric Tariff First Revised Volume No. 5 Service Agreement No. 85 Original Sheet No. 8 Estimated Cost of Facilities* Element Facilities Cost ITCC Total Cost Substations Arbors Substation $1,081,000 $292,000 $1,373,000 Archline Substation 33,000 9,000 42,000 Subtransmission 129,000 35,000 164,000 Telecommunications 294,000 79,000 373,000 Corporate Real Estate 6,000 1,000 7,000 EMS (Metering) 7,000 2,000 9,000 13 I-D Process* * 18,000 5,000 23,000 Total $1,568,000 $423,000 $1,991,000 * Construction work is not included in the Agreement; the estimated cost of facilities excludes the estimated cost of construction and estimated one-time costs (non-capitalized costs). ** Assumes no significant mitigation is required. Issued by: James A. Cuillier Manager, FERC Rates & Regulation Issued on: Effective: DRAFT PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of April 16, 2003, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Butsko Utility Design, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) Recent State and Federal legislation and regulations introduce choices and competition into how consumers receive utility services; and (ii) The City has established a municipally-owned utility which gives the City power to provide electric, natural gas, cable tv, telephone and telecommunications commodities and services to the residents and businesses of the City, as well as to extraterritorial customers in accordance with applicable law; and (iii) The City has certain authority to own and operate utility facilities and to purchase, develop and distribute related commodities or services; and (iv) The City has filed a Wholesale Distribution Access Tariff with Southern California Edison to allow the Rancho Cucamonga Municipal Utility to serve as the retail provider of electricity to all commercial property within the Victoria Arbors planning area; and (v) The City seeks to enter into an Agreement with a qualified Consultant to assist the City to provide professional and consulting services to the City; and (vi) Consultant has submitted a proposal for providing these professional and consulting services, and the City has determined that Consultant's proposal should be accepted and an Agreement entered into; and (vii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (viii) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 1 (a) Project: The preparation of final design and construction documents described in Exhibit "A" hereto including, but not limited to, the preparation of maps, drawings, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, drawings, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. c) Completion of Proiect: The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings shall be as set forth in Exhibit "A". 2. CONSULTANT a~rees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" within the time specified in Exhibit "A". Copies of the documents shall be in such numbers as requested by City. CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of one hundred one thousand four hundred dollars ($101,400), plus reimbursement at the rates identified in Exhibit "A" for 2 reimbursable items, for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT on a monthly basis and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule to be negotiated. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated, on a pro-rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this Paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall not commence work under this contract until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONSULTANT shall take out and maintain at all times during the life of this Contract the following policies of insurance: (a) Compensation Insurance: Before beginning work, the Contractor shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the CONSULTANT may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. Further, such policy of insurance shall provide that the insurer waives ail rights of subrogation against CITY and its elected officials, officers, employees and agents. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 4 compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." (b) For all operations of the CONSULTANT or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) Commercial General Liability (occurrence) - for bodily injury, death and property damage for products/completed operations and any and all other activities undertaken by the CONSULTANT in the performance of this Agreement - or -: (2) (Alternative to Commercial General Liability) - Comprehensive, broad form General Public liability (occurrence) - for bodily injury, death and property damage arising out of any activities undertaken by CONSULTANT in the performance of this Agreement. (3) Comprehensive Automobile Liability (occurrence) - for bodily injury, death and property damage insuring against all liability arising out of the use of any vehicle. (4) Professional Errors and Omissions Liability - insuring against all liability arising out of professional errors and/or omissions, providing protection of at least $1,000,000 per occurrence for errors and/or omissions ("malpractice") of CONSULTANT in the performance of this Agreement. Such policy may be subject to a deductible or retention in an amount acceptable to CITY and shall further be subject to the provisions of subsections (2) and 6) of Section c., below. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on CITY's behalf until three (3) years after the date the work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three (3) year extended reporting period endorsement which reinstates all limits for the extended reported period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standard "notice of circumstances" provision. (5) Other required ~nsurance, endorsements or exclusions as required by the request for proposal. (6) The policies of insurance required in this Section b shall have no less than the following limits of coverage: (i) $2,000,000 (Two Million Dollars) for bodily injury or death; (ii) $1,000,000 (One Million Dollars) for property damage. 5 (iii) The total of the limits specified in subsections (i) and (ii), above, where a combined single limit is provided. (c) The policies of insurance required in subsections (1), and (2) and (3) of Section b., above, shall: (1) Be subject to no deductible amount unless otherwise provided, or approved in writing by CITY; (2) Be issued by an insurance company approved in writing by CITY, which is admitted and licensed to do business in the State of California and which is rated "A" or better according to the most recent A.M. Best Co. Rating Guide; (3) Names as additional insureds the CITY, its elected officials, officers, employees, attorneys and agents, and any other parties, including subcontractors, specified by CITY to be included; (4) Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (5) Specify that it 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; (6) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days al~er receipt by CITY of written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided; (8) Specify that the insurer waives all rights of subrogation against any of the named additional insureds; and (9) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (10) Otherwise be in form satisfactory to CITY. 6 (d) Prior to commencing performance under this Agreement, the CONSULTANT shall furnish the CITY with original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the CITY before CONSULTANT commences performance. If Performance of this Agreement shall extend beyond one (1) year, CONSULTANT shall provide CITY with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of no dollars ($ 0) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Govemin~ Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 15. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Butsko Utility Design, Inc. Greg Butsko Date President CITY OF RANCHO CUCAMONGA A Municipal Corporation William J. Alexander Date Mayor ATTEST: Debra J. Adams, City Clerk Recommended for Approval: William J. O'Neil, City Engineer ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT 8(b)(6)(i) Is amended to read $1,000,000 (One Million Dollars) for bodily injury or death 8(b)(6)(i) Is deleted. 9. Indemnification. The existing provisions shall be deleted and the following inserted instead: (a) Contractor shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, suits, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein "Claims" or "Liabilities") that may be asserted or claimed by any person or entity arising out of the willful or negligent acts, errors or omissions of Contractor, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City. (b) City shall indemnify, defend, and hold Contractor and its officers, officials, employees, agents, representatives and volunteers harmless from an against any and all Claims or Liabilities that may be asserted or claimed by any person or entity arising out of the willful or negligent acts, errors or omissions of the City, its employees, agents, representatives or subcontractors in connection with any of the services under this Agreement. REV: 4-11-95 9 I _BUTSKO LITILITY DESIGN, INC. EXHIBIT A April 3, 2003 Robot Lemon Assistant City Engineer CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: PROPOSAL TO PROVIDE FINAL DESIGN AND CONSTRUCTION DOCUMENTS FOR ELECTRIC DISTRIBUTION SYSTEM FOR VICTORIA ARBORS Dear Mr. Lemon: Butsko Utility Design, Inc. is pleased to have the opportunity to continue our relationship with the City of Rancho Cucamonga and to provide this proposal for additional services. We are uniquely qualified to be of service with our staff of experienced utility employees and on-going dectric system design services for the City of Rancho Cueamonga. Butsko Utility Design, Inc. employees come fi.om a variety of utility backgrounds including: planning, field operations, staff support, and regulatory. The Butsko Utility Design, Inc. team brings together a broad range of experienced gained from each of California's major energy utilities including: Sempra Energy (SDG&E and Southern California Gas), Southern California Edison, and Pacific Gas & Electric. Project Scope and UnderstandIng The commercial property within the larger Victoria Arbors area, bounded by Day Creek Boulevard on the West, Foothill Boulevard to the South, Baseline Road to the North and the Interstate 15 Freeway to the East. The City of Rancho Cueamonga has filed an application "Application for Interconnection and Distribution Services" with Southern California Edison and plans to execute a Distribution and Service Extension Agreement with the developer of Victoria Gardens. Butsko Utility Design Inc. is prepared to provide the following services: prepare final design and construction documents for the City of Rancho Cucamonga using the · preliminary design prepared by Butsko Utility Design, Inc. for the City of Rancho Cucamonga. The distribution system final design will include backbone offsite facilities, 12KV primary feeder cable, connections, switching equipment, and capacitors necessary to service the project. This proposal does not include distribution or service facilities for any on-site or in-tract areas. The final design drawings will be presented to the City in AutoCAD format and will include the supporting technical studies. The final design package will be completed within approximately 60 days from the City's award of contract and receipt of the plans, electric load and electronic files necessary to complete the design effort. 40880-B County Center Drive ' Suite M · Temecula · CA ' 92591 ' 909.676.4090 · FAX 909.676.2099 With Ol°tces in San Diego ° Orange County * [nland Empire · Central Coast Robert Lemon Aptil 3, 2OO3 Page 2 This proposal does not include any preparation work by a Licensed Land Surveyor for easement preparation, or plan and profile surveys. All work by a Licensed Land Surveyor will be provided for by the developer or City of Rancho Cucamonga, including obtaining and preparing all necessary easements. It is our understanding that the City of Rancho Cucamonga is responsible for obtaining all applicable permits and regulatory approvals for the proposed distribution line. The proposal does not include pot holing of existing underground utilities or conflicts, civil or structural engineering. If it becomes necessary to perform these functions, separate fee proposals for these tasks will be presented to the City for approval prior to the start of work. The City of Rancho Cucamonga will PrOvide all street plans, land base, and substructure plans in both electronic and hard copy formats as needed. Butsko Utility Design, Inc. and The City of Rancho Cucamonga will review all tasks and determine how the project will proceed in each phase. 1. SOU'II-IERLY EXPANSION AREA DISTRIBUTION FACILfl lES $ 9,900 A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 2. NORTHERLY EXPANSION AREA COMMERCIAL DISTRIBUTION $11,800 FACILITIES A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 3. VICTORIA GARDEN LANE DISTRIBLrl~ON SYSTEM $13,600 (+/- 4,400' DAY CREEK TO CHURCH STREET) A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 4. FOOTHILL BOULEVARD DISTRIBUTION SYSTEM $ 6,700 (+/-2,200' DAY CREEK TO 1-15) A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 5. DAY CREEK BOULEVARD DISTRIBUTION SYSTEM $17, 100 (+/-5,500' FOOTHILL BLVD TO BASELINE ROAD) A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 6. CHURCH STREET DISTRIBUTION SYSTEM $14,300 (+/-4,400' CHURCH STREET TO ETIWANDA AVENUE) A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 7. SUBSTATION BRING-UP $28,000 (+/-4,200' ROCHESTER AVE. (SUBSTATION TO FOOTHILL BLVD.) AND FOOTHILL BLVD. (ROCHESTER AVE. TO DAY CREEK BLVD.) r PBUTSKO l~ LITILITY DESIGN, INC. Robert Lemon April 3, 2003 Page 3 Enclosed for your review and consideration is our Fee and Reimbursable Schedule along with two (2) copies of the Letter of Understanding. If acceptable, please sign and return one copy back to our office. One copy if enclosed for your records. Should you have any questions, please do not hesitate to call me at (909) 676-4090. Thank you for providing Butsko Utility Design, Inc. with the opportunity to be of service. Sincerely, BUTSKO UTILITY DESIGN, INC. Dave Pettersen Vice President DP/jr Enclosures FEE AND REIMBURSABLE SCHEDULE CITY OF RANCHO CUCAMONGA VICTORIA ARBORS Fee Schedule: 1. SOUTHERLY F_J~ANSION AREA DISTRIBUTION FACILITIES $ 9,900 A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 2. NORTHERLY EXPANSION AREA COMMERCIAL DISTRIBUTION $11,800 FACILITIES A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 3. VICTORIA GARDEN LANE DISTRIBUTION SYSTEM $13,600 (+/- 4,400' DAY CREEK TO CHURCH STREET) A. PRELIMINARY ELEufRIC DISTRIBUTION SYSTEM 4. FOOTHILL BOULEVARD DISTRIBUI~ON SYSTEM $ 6,700 (+/-2,200' DAY CREEK TO 1-15) A. PRELIMnqARY ELECTRIC DISTRIBUTION SYSTEM 5. DAY CREEK BOULEVARD DISTRIBUTION SYSTEM $17,100 (+/-5,500' FOOTHILL BLVD TO BASELINE ROAD) A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 6. CHURCH STREET DISTRIBUTION SYSTEM $14,300 (+/-4,400' CHURCH STREET TO ETIWANDA AVENUE) A. PRELIMINARY ELECTRIC DISTRIBUTION SYSTEM 7. SUBSTATION BRING-UP $28,000 (+/-4,200' ROCHESTER AVE. (SUBSTATION TO FOOTHILL BLVD.) AND FOOTHILL BLVD. (ROCHESTER AVE.TO DAY CREEK BLVD.) _BUTSKO I~ IITILITY DESIGN, INC. Robert Lemon Fee and Reimbursement Schedule Page 2 Fees will be billed monthly as services are performed on a percentage of work completed basis. REIMBURSABLES: The following will be billed monthly: · Commercial delivery services, including Federal Express, UPS, Express Mail and Messenger Service-Direct Cost plus 10% · Blueprint Services and Printing-Direct Cost plus 10% · Engineer's Stamp (Estimated at $300 per work order phase) · Auto Cad produced plot (24" x 36") at $10.00 per sheet. · Auto Cad produced plot (11" x 17") at $ 6.00 per sheet. · Automobile mileage at $.36 per mile. · Hotel lodging (if overnight stays are required). HOURLY RATE SCHEDULE: President $125.00 per hour Vice President $1 I0.00 per hour Sr. Project Manager $ 95.00 per hour Project Manager $ 88.00 per hour Associate Project Manager $ 82.00 per hour Sr. Project Coordinator $ 78.00 perhour Project Coordinator $ 70.00 per hour Sr. Designer $ 95.00 per hour Designer $ 88.00 per hour Associate Designer $ 82.00 per hour AutoCAD Drafter $ 55.00 per hour BUTSKO I~ IITILITY DESIGN, INC. DRAFT CITY OF RANCHO CUCAMONGA, CALIFORNIA DISTRIBUTION AND SERVICE EXTENSION AGREEMENT ("AGREEMENT") 1. Request for Electrical Service and Facility Construction. ("Applicant"), hereby requests the CITY OF RANCHO CUCAMONGA, CALIFORNIA ("City"), to provide for the installation of electric distribution facilities and to deliver electricity to the Property situated at: and described in Exhibit A - Location Map ("Property"). These facilities shall be installed in accordance with the applicable tariffrules of the City and the requirements set forth in the provisions of this Agreement. 2. General Construction Responsibilities of City. The City will install the Distribution Line Extension and the Service Line Extension(s), as shown on Exhibit B - Preliminary Plans and Specifications ("Facilities") to serve the Property with electrical service. These Facilities shall be installed by City in accordance with the provisions of the City's tariff, project specific terms and conditions, design, specifications, and the requirements of this Agreement. The Plans and Specifications shall mean the set of construction documents designated by the City as the construction documents for the Facilities, as the same may be amended. 3. Construction Responsibilities of Applicant. Subject to this Agreement, Applicant shall perform with qualified personnel or arrange for the performance by a contractor, approved by the City, of the following work on the Property, all to the satisfaction of City and consistent with the Plans and Specifications: A. Route clearing, tree trimming, trenching, excavating, backfilling, and compacting; B. Furnish of imported or suitable natural backfill material as required and proper disposal of trench spoil as required; C. Perform necessary surface repair and boring as required; D. Fttmish and install all required conduit and pull ropes; E.. Furnish and install all required substructures, including vaults, manholes, hand-holes or other terminating or equipment enclosures including slab boxes or pads to support above ground equipment including but not limited to transformers, switches and capacitors and protective structures as required; and F. Secure and pay for all required permits and licenses which may be required to fulfill the construction responsibilities from the governmental authority having jurisdiction. 710099 4. Ownership of Facilities. Upon completion of construction by the Applicant, and inspection and acceptance by the City, the tire and ownership of the Facilities installed under this Agreement shall vest in the City in accordance with the Acceptance and Conveyance section of this Agreement. The City's approval and acceptance of the Facilities under this Agreement shall constitute the City's verification that at the time of such approval and acceptance, such Facilities have been constructed in compliance with the Plans and Specifications, with all applicable ordinances, and with the requirements of this Agreement. 5. Non-Construction Responsibilities of the City. The City shall, at its own cost: A. Provide all design, engineering, construction, permit and approvals necessary for connection from Day Creek Boulevard and Victoria Gardens Lane (the "Connection Point") to the City-owned 66 kV substation to be constructed at the northeast comer of Rochester Avenue and Stadium Parkway; B. Provide all engineering design of the electric distribution Facilities to serve the Property in accordance with the City's design standards; and C. Connect the planned City-owned 66 kV substation to SCE's facility. 6. Service Line Extensions. Service Line Extensions, within the Property, shall be installed by City at the locations and in accordance with the Plans and Specifications and with the requirements of this Agreement. Applicant shall be responsible for all service trenching, conduit, pads, and substructures to City's satisfaction. 7. Public Street Lighting Facilities. If any public street lighting facilities are to be installed, the installation shall be made in accordance with the City's specifications, which shall be a component of the Plans and Specifications. 8. Overhead to Underground Conversions. In the event there is replacement of existing overhead electric facilities with underground electric facilities in conjunction with this project, the conversion shall be made in accordance with the Plans and Specifications and with the requirements of this Agreement. In the event that there is a conversion in conjunction with this project, Applicant shall, at its expense, provide any necessary changes to the existing electrical facilities so as to receive underground electric service at the points specified by the City. Underground electric service will not be energized until all affected premises are equipped to receive service in accordance with specifications and inspection has been received from the governing jurisdiction. 710099 2 Applicant shall not perform work on Facilities owned by the City without City's prior written consent. 9. Advances and Payments by Applicant, and Reimbursements by the City. A. Advances and Payments by Applicant. Applicant shall make deposits to the City, prior to the initiation of any work, and shall pay the costs to engineer, design, construct and inspect the Facilities to be installed under this Agreement as shown on Exhibit C, as follows: 1. Engineering and Design Costs. The Applicant shall deposit with the City the'monies requested by City, from time to time, in excess of the allowances as specified in Section 9B(1) which City shall use to design and engineer the Distribution Line Extension and Service Line Extensions to be installed by the City trader the terms of this Agreement. The City shall submit whiten requests for deposits to Applicant and Applicant shall deliver the requested monies to City not less than ten (I0) calendar days after the City's request is dispatched. 2. Inspection Costs. The Applicant shall upon the completion of the design and engineering of the Distribution Line Extension and Service Line Extensions deposit with the City an amount determined by the City, in excess of the allowances as specified in Section 9B(2) to be sufficient to cover all inspection related costs (the "Inspection Costs"). 3. Distribution Line Extension Costs. The Applicant shall deposit with City the cost to construct and install the Distribution Line Extension in accordance with the Plans and Specifications, including but not limited to the construction and installation of all cable, connections, equipment, substructures, switches, and transformers, in excess of the allowances as specified in Section 9B(3). The City shall submit written requests to Applicant and Applicant shall deliver the requested monies to City not less than ten (10) calendar days after the City's request is dispatched. 4. Service Extension Costs. The Applicant shall deposit with the City the monies requested by City, from time to time, to construct and install all Service Line Extensions in accordance with the Plans and Specifications, including but not limited to the construction and installation of all service cables, connections, equipment, transformers, and meters, in excess of the allowances as specified in Section 9B(4) below. The City shall submit written requests to Applicant and Applicant shall deliver the requested monies to City not less than ten (I 0) calendar days after the City's request is dispatched. 5. Additional Costs. The Applicant shall deposit with City the Income Tax Component of Contribution (ITCC) as required under SCE Rule 15 (Exhibit 710099 D) and SCE Rule 16 (Exhibit E), as if all contributions and advances were received by SCE. B. Reimbursements by the City. The City shall make the following advances, as Shown on Exhibit C, to Applicant: 1. Engineering and Design Costs. The City shall advance to Applicant the costs of design and engineering for the Distribution Line Extension and Service Line Extensions to be installed by the City pursuant to Section 9A(I) above, to the extent the particular design and engineering would be reimbursable or subject to an allowance under SCE Rule 15 (Exhibit D) and SCE Rule 16 (Exhibit E), as modified by the California Public Utilities Commission. Such reimbursement shall be made within forty-five (45) business days after the date that the City issues building permits for development included in Exhibit A. 2. Inspection Costs. The City shall advance to Applicant the Inspection Costs pursuant to Section 9A(2) above, to the extent the Inspection Costs would be reimbursable or subject to an allowance under SCE Rule 15 (Exhibit D) and SCE Rule 16 (Exhibit E), as modified by the California Public Utilities Commission. 3. Distribution Line Extension Costs. The City shall advance to Applicant the costs to construct and install the Distribution Line Extension pursuant to Section 9A(3) above, to the extent the particular infrastructure so constructed and installed would be reimbursable or subject to an allowance under SCE Rule 15. 4. Service Line Extension Costs. The City shall advance to Applicant the costs to construct and install the Service Line Extension pursuant to Section 9A(4) above, to the extent the particular infrastructure so constructed and installed would be reimbursable or subject to an allowance under SCE Rule 16. 5. Additional Costs. The Applicant will not be subject to the collection of ITCC as described in Section 9A(4). I0. Payment Adiustments for Excess Facilities. If the load information provided by Applicant results in the City having installed Facilities pursuant to Sections 5 and 9 above which are in excess of those needed to serve the actual loads on the Property, and the City elects to reduce such excess Facilities, Applicant shall pay to the City its cost to remove and replace excess Facilities. 11. Non-Standard Equipment Installation and Removal. When the situation requires the, installation, maintenance, repair and replacement of specialized or non- standard utility-owned equipment ("Special Equipment") necessary to provide utility service or perform utility work, Applicant agrees to pay the costs to install the Special 710099 4 Equipment. Applicant further agrees that, should the Special Equipment need to be replaced for any reason, it shall be Applicant's responsibility to make arrangements and to pay the cost to have the Special Equipment removed and replaced. The City shall be responsible for furnishing and delivering any replacement Special Equipment to the Property. The City hereby agrees to the Special Equipment location on the following terms and conditions: A. Applicant shall furnish, install, own and maintain the Special Equipment area within or upon his building at his sole cost. The construction of the area shall comply with all applicable building code requirements. The site, access, location, and arrangement of the Special Equipment shall be subject to the City's prior written approval, and any changes or additions thereto shall be made only after the City's prior written approval. Except for required area maintenance by Applicant, under the City's supervision, Applicant shall not have access to the Special Equipment area. B. Applicant shall make proper arrangements and pay all the costs associated with the initial and all subsequent installations and removals of the City's equipment into or from the Special Equipment area. C. Applicant shall furnish, install, own and maintain all primary and secondary conduits within the Property at his or her sole cost. The plans for the installation of the secondary service facilities, termination details, and other associated Facilities installed by Applicant for the City use shall be subject to the City's prior written approval and shall comply with all applicable code requirements. D. Applicant accepts responsibility for any service intermption that may result from the City not having clear access to the Special Equipment area. 12. General Access. Where it is necessary for the City to install Facilities on Applicant's Property pursuant to this Agreement, Applicant shall grant to the City by separate instrument: (a) the right to install, own and maintain such Facilities on Applicant's Property together with sufficient legal clearance between all structures now or hereafter erected on Applicant's Property; (b) the right to enter and leave Applicant's premises for any purpose connected with the furnishing of electric service (meter reading, inspection, testing, routine repairs, maintenance, replacement, emergency work, etc.) and the exercise of any and ali rights secured to it by law or under the City's tariff schedules. 13. Land Rights. Where formal rights-of-way, easements, land leases, or permits are required by the City for the installation of the Facilities on and over Applicant's Property, or the Property of others, Applicant understands and agrees that the City shall not be obligated to install the Facilities or accept the Facilities installed by Applicant or the contractor, approved by the City, unless and until any necessary permanent rights-of-way, easements, land leases, or permits, in a form and content satisfactory to the City, are granted to or obtained for the City without cost to City or without the exercise of the City's power of eminent domain. If the City is unable to obtain such land rights, Applicant shall obtain them at its own sole cost and expense. 710099 Such land rights shall include the right of access and right to trim trees as necessary to maintain required legal clearances from overhead wires, as specified by City. 14. Acceptance and Conveyance. Upon (a) the City's receipt of any required permanent rights-of-way, easements, leases, and permits, or other necessary land rights and (b) the City's energization of Facilities installed, applicant hereby grants, warrants and conveys to the City, its successors and assigns, all rights, title and interest in and to all such work and Facilities, free and clear of all liens and encumbrances. 15. Safety Precautions. Applicant shall ascertain the location of all existing electric, gas, telecommunications, water, wastewater and other surface and below grade lines, structures, improvements and facilities within Applicant's Property and further shall inspect the Property, both initially and periodically during construction, to verify the location of all existing wet and dry utility improvements and the new City Facilities. Each party shall perform all work in compliance with applicable federal, state, and local laws, rules and regulations. The Applicant shall inform all persons doing work in proximity to the location of the City's Facilities, as well as all other improvements described herein, and ensure that all work of non-City employees is planned and conducted in a manner to safeguard persons and property from injury. Work performed in close proximity to the City's energized Facilities, or others' energized electric facilities also shall be performed in accordance with established Cai-OSHA safety rules and practices, and as may be directed by the City. Only personnel duly authorized by the City are allowed to connect or disconnect conductors from the City-owned Service Facilities, or perform any work upon the City-owned existing Facilities. 16. Delays in Construction. A. Force Majeure. Neither party shall be responsible for any delay in either the performance of Applicant's responsibilities under this Agreement, or the installation or completion of the Facilities by the City, where such delay results from a shortage of labor or materials, strike, weather conditions, govermnental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary land fights, act of God, or any other cause or condition beyond the control of the City or Applicant. B. Resources. The City shall have the right, in the event it is unable, due to an event which qualifies under Section 16(A) above, to obtain sufficient supplies, materials, or labor for all of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers. Any delay in construction hereunder resulting from such allocation shall be deemed to be beyond the City's control. C. Inflation. In the event that the City is prevented from commencing the installation of the Facilities for reasons beyond its reasonable control within twelve (12) months following the Effective Date of this Agreement, the City shall have the right to revise the cost figures specified in Section 9 to reflect any increases in costs arising 710099 6 ,~,,~ since the original costs were determined. The City shall notify Applicant of such increased costs and give the Applicant the option to either terminate this Agreement or pay the City the additional charges. Such election shall be made by the Applicant not later than the tenth (10th) business day after dispatch of notice by City; a non-response after this notice period lapses shall be deemed Applicant's agreement to pay the higher charge. 17. Change Orders and Relocations. All standard design or construction changes made in the field, which impact the charges to Applicant, will be made using an Agreement Change Order form to be supplied by City. These field changes, including, but not limited to tmforeseen field conditions which may result in additional work or costs by Applicant may require sketch revisions of work order drawings as determined by the City. All such revisions shall be integrated with and attached to the Plans and Specifications by City upon receipt of the same. Unforeseen field conditions include, but are not limited to, contaminated soil, obstructions, and weather conditions. The proper execution and attachment of the Agreement Change Order, and any necessary changes to supersede Exhibit B resulting from the Change Order, constitutes formal amendment to this Agreement. Applicant shall pay the City for any such changes in accordance with Section 9. Notwithstanding anything to the contrary, if the requested changes are in addition to or substitution for the standard electrical facilities that the City would normally install, then a Special Facilities Agreement, to be provided by the City, shall be required. 18. Termination of Agreement. In the event Applicant has not substantially fulfilled its obligations under this Agreement within twelve (12) consecutive calendar months following the Effective Date of this Agreement, and the City is unable to proceed hereunder, the City shall have the fight to terminate and/or supersede this Agreement upon thirty (30) days' written notice to Applicant. Upon such notice the City will calculate any amounts that may be due, based on that portion of the distribution system then completed, and the provisions of Sections 8 and 9 of this Agreement. The superseding Agreement, if any, shall be in the same form as this Agreement, shall be executed by the parties hereto and shall provide that costs be allocated to the portion of the Distribution System then completed, if any, consistent with those costs estimated by the City for this Agreement. If this Agreement is terminated as set forth above, Applicant further agrees to forfeit that portion of the advance paid to the City for its expenses covering any engineering, surveying, right-of-way, removal, acquisition and other work incurred by the City. Exhibit F shows the City's planned construction milestones to build the required electric infrastructure and the Applicant's planned milestones to required continuous and uninterrupted electrical service by December 15, 2003. The City will provide to Applicant written confirmation by August 30, 2003 of the City's ability to 710099 7 ~,5~ provide by no later than December 15, 2003 continuous and uninterrupted electrical service to Applicant's project including obtaining all necessary regulatory and interconnection approvals. In the event that the City has not fulfilled its obligations under this Agreement or cannot commit by August 30, 2003 to serve Applicant's project by December 15, 2003 with continuous and uninterrupted electrical service to Applicant's project including obtaining all necessary regulatory and interconnection approvals, Applicant shall have the right to terminate this Agreement upon (30) day's written notice to the City. In the event the City commits by August 30, 2003 to serve Applicant's project by December 15, 2002 with continuous and uninterrupted electrical service to Applicant's project including obtaining all necessary regulatory and interconnection approvals, but is unable for any reason to do so, Applicant shall have the right to terminate this Agreement upon written notice to the City. If the Applicant's commitment to have continuous and uninterrupted power to serve the first load in Exhibit B is delayed, the dates in this section will be change to coincide with the later dates in the project schedule. 19. Indemnification and Withholding. A. Applicant's Indemnification of the City. Applicant shall indemnify, defend with counsel of City's selection, and hold harmless the City, its officers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and legal liability connected with or resulting from injury to or death of persons, including but not limited to employees of the City, Applicant, or any third party, or to natural resources, or violation of any local, state or federal law or regulation, including but not limited to environmental laws or regulations, or strict liability imposed by any law or regulation; arising out of, related to, or in any way connected with Applicant's breach of this Agreement, or negligent or willful misconduct, whether active or passive. Applicant acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way connected with the release of any legally designated hazardous material or waste as a result of the Work performed under this Agreement are expressly within the scope of this indemnity, and that costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatements, removal, repair, clean up, restoration, remedial work, penalties, and fines arising from the violation of any local, state or federal law, or regulation, attorney's fees, disbursements, and other response costs are expressly within the scope of this indemnity. Applicant shall, on the City's request, pay for the defense of any action, claim or suit asserting a claim or action covered by this Agreement. Applicant shall pay costs that may be incurred by the City in enforcing this indemnity, including reasonable attorney's fees. 710099 8 ~7 In addition to any other right to withhold, the City may withhold from any reimbursement due Applicant hereunder such amounts as, in the City's reasonable opinion, are reasonably necessary to provide security against all loss, damage, expense, and liability covered by the foregoing indemnification provisions. In addition to the foregoing Applicant shall provide City prepaid insurance policies naming City as the insured, providing coverage, in a type, amount and scope as required by City. B. City's Indemnification of Applicant. The City shall indemnify, defend and hold harmless Applicant, its officers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and legal liability connected with or resulting from injury to or death of persons, including but not limited to employees of Applicant, the City, contractor or subcontractor, injury to Property of Applicant, the City, or any third party, or to natural resources, or violation of any local, state, or federal law or regulation, including but not limited to environmental laws or regulations, or strict liability imposed by any law or regulation; arising out of, related to, or in any way connected to the City's breach of this Agreement. The City acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the Work performed under this Agreement are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial Work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorney's fees, disbursements, and other response costs are expressly within the scope of this indemnity. The City shall, on Applicant's request, defend any action, claim or suit asserting a claim covered by this indemnity. The City shall pay all costs that may be incurred by Applicant in enforcing this indemnity, including the reasonable attorney's fees. 20. Assignment of Contract. Applicant may assign this Agreement, in whole or in part, so long as the City first consents in writing to such Assignment and the party to whom the Agreement is assigned ("Assignee") agrees, in a writing delivered to City, to perform the obligations of Applicant hereunder. Assignment of this Agreement shall not release Applicant from any of the obligations under this Agreement unless otherwise provided for in a written instrument executed by City, Applicant and all third parties. Such assignment shall be deemed to include Applicant's right to any refund then unpaid or which may thereafter become payable. 21. Joint and Several Liability. Where two or more individuals or entities are joint applicants under this Agreement, the City shall direct all communications, charges 710099 9 and refunds to Applicant designated below, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein. 22. Warranty. Applicant shall warrant that all materials and workmanship performed or otherwise provided by Applicant shall be free of all defects and fit for its intended purposes. The warranty begins with the date the Facilities are energized by the City and extends past the date of final acceptance of the Facilities by the City for: (a) one year, or the equipment manufacturer's warranty, whichever is greater, covering labor and material cost of equipment furnished and installed by Applicant and (b) two (2) years covering the trenching and backfilling on the Property. In the event Applicant's work or materials provided under this Agreement fails to conform to the warranty or are damaged as a result of any actions by a third party, the City shall have the right to offset such amount against any refund then unpaid and/or the Applicant shall reimburse to the City the costs incurred by City for the repair and/or replacement of the work or equipment, as deemed necessary by the City. Such reimbursements shall be non-refundable. 23. Effective Date. This Agreement shall be binding when (a) the Agreement is signed by Applicant and delivered to the City within thirty-five (35) days of issuance, and (b) the Agreement is accepted and executed by the City ("Effective Date.") If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he or she has the authority to bind said corporation, partners, joint venture or individuals as the case may be. 24. Electric Rates to End-Users. It is the City's intent that retail rates for electric consumption to end-users will not be greater than the comparable Southern California Edison Company rate tariff. 25. Jurisdiction. This Agreement shall be subject to all of the City's applicable tariff and rate schedules authorized by the City and as amended from time to time and shall at ail times be subject to such changes or modifications as the City may direct from time to time in the exercise of its jurisdiction. The venue for any legal disputes shall be in the Superior Court of the County of San Bernardino, California for all purposes. 26. Notice. The parties hereto shall give notice, where notice is required to be given to the following person at the following address. If to the City City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91729 Attention: William J. O'Neil, City Engineer With a copy to: 710099 10 Richards, Watson & Gershon 1 Civic Center Circle Brea, California 92821 Attention: William P. Curley III, Assistant City Attorney If to the Applicant Victoria Gardens-c LLC c/o Forest City Development California, Inc. 949 S. Hope Street Los Angeles, CA 90015 Attention: Colin Macken With a copy to: Forest City Enterprises, Inc. Terminal Tower, Suite 1160 50 Public Square Cleveland, Ohio 44113 Attention: General Counsel DRAFT Applicant: BY: (Authorized Signature) (Type or Prim Name) Title: MAILING ADDRESS: CITY OF RANCHO CUCAMONGA, CALIFORNIA 710099 11 ~ BY: (Type or Print Name) TITLE: DIVISION: Execution Date: 710099 12 ,~/ EXHIBIT A Location Map 710099 13 ~ EXHIBIT B Preliminary Plans and Specifications 710099 14 ~ ~,.,~ EXHIBIT C Cost Summary Description Deposit Allowance Net Deposit Engineering $ 28,700 - $ 28,700 $ 0 Inspection $ 33,000 - $ 33,000 $ 0 Distribution Line Extension Costs $ 742,525 - $ 742,525 $ 0 Service Extension Costs $ 488,300 - $ 488,300 $ 0 710099 15 ,~ d ~t' EXHIBIT D SCE Rule 15 710099 16 ,~5 EXHIBIT E SCE Rule 16 710099 17 EXHIBIT F Project Milestones City: Date Action April 19, 2003 Approve purchase of 66KV 15/20/25 MVA transformers July 16, 2003 Approve contract to construct distribution facilities September 3, 2003 Approve contract to construct electric substation Applicant: 710099 18 a~ CITY OF RANCHO CUCAMONGA - FOREST CITY ELECTRIC POWER AGREEMENT Dated as of ,2003 by and between CITY OF RANCHO CUCAMONGA and FOREST CITY CITY OF RANCHO CUCAMONGA-FOREST CITY ELECTRIC POWER AGREEMENT This Electric Power Agreement ("Agreement") is entered into this day of _, 2003, by and between the CITY OF RANCHO CUCAMONGA ("City"), a municipal corporation of the State of California, and FOREST CITY ("FC"). RECITALS 1. FC or its affiliates owns or operates certain properties in the City as defined in the Victoria Gardens Specific Plan and as more particularly described in Exhibit A attached hereto ("FC Property") and incorporated herein by this reference. 2. City owns and operates an electrical utility engaged in the transmission, distribution and sale of Electric Power. 3. City has approved the Victoria Gardens Specific Plan which permits the development of a new retail shopping center and other facilities on the FC Property (the "Project"). 4. FC and City has executed Development Agreement No. dated 5. FC plans to build the Project and will require Service and Power at __ kV for the FC Property including the Project. 6. FC expects the Electric Power Requirements to be not less than 7. City has to date made significant investment in its electrical distribution system and will, in reliance upon FC's agreement to be a retail purchaser of Electric Power from City expend public funds in furtherance of the facilities necessary to provide highly reliable Service and Power to the FC Property. 8. In order to assure that continued and highly economic and reliable soumes of Power are available to FC, City is willing to make long-term financial conunitments in furtherance of providing retail user Electric Power. NOW, THEREFORE, for and in consideration of the promises and mutual benefits which will result to the parties in carrying out the terms of this Agreement, and 728889 04/09/2003 other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is mutually agreed as follows: AGREEMENT 1. Definitions The following terms, whether in the singular or in the plural, shall have the meanings specified below: A. Agreement: This Agreement between City and FC, including all Exhibits attached hereto and all amendments and supplements hereto that may be made from time to time. B. Authorized Representative(s): The person(s) designated in writing by each party to administer this Agreement, give and receive notices or perform other duties pursuant to this Agreement. C. Demand: The amount of kilowatts measured over the time period specified in the Rates and Rules. D. Discount: The dollar amount of rate reduction necessary to ensure that the Rates, Rules and Regulations due from FC to City for Electric Power does not exceed the tariff charged by the investor owned utility which is the majority provider of Electric Power in the City for the provision of comparable Electric Service to FC from said investor owned utility. Further provided that City shall have a time period, not to exceed ninety (90) consecutive calendar days, in order to adjust the Rates, Rules and Regulations and/or the Discount to conform to any rate change by the investor owned utility. The majority provider shall be identified as that entity with the highest total number of Electric Power retail accounts within the City's geographic boundary. E. FC Distribution Facilities: Those portions of FC's __ kV distribution system located on and serving the FC Property, as of _, and recognized by city as being owned by FC. F. FC Property: An area consisting of all FC properties now or hereafter owned or operated by FC and located in the Victoria Gardens Specific Plan Area as set forth in Exhibit "A" hereto or as may be annexed to the Victoria Gardens Specific Plan Area in the future. 728889 04/09/2003 2 ~7~ G. Effective Date: The later of the dates on which this Agreement is duly executed on behalf of City or FC. H. Electric Power: Electric Demand (kilowatts) and Energy (kilowatt horns). I. Electric Power Requirements: Ail Demand and Energy required by FC for the operation of the FC Property. J. Electric Power Usage: The Demand and Energy used by FC at the existing FC Property. K. Energy: The measure of the actual kilowatt hours of electric energy consumed by FC at the FC Prriperty from the City's electric distribution system. L. Preferred Emergency Service: The added facilities provided by the City at FC's request and dedicated to provide redundant Service capacity to the FC Property. M. Rates, Rules and Regulations: The tariff schedules, rules and regulations for electric service, as adopted or amended by resolution of the City Council from time to time, incorporated herein by this reference (Rates and Rules). N. Service Area: Those areas defined in Exhibit "A" as Service Areas which consist of all FC properties now or hereafter owned or operated by FC and located in the Victoria Gardens Specific Plan Area or as may be annexed to the Victoria Gardens Specific Plan Area in the future. O. Service to Property: Those portions of the City's electric distribution system proposed to be constructed and installed as of the date of this Agreement and consisting of__ kV lines to and including the automatic transfer switches located on and serving the FC Property and which are installed, owned and maintained by the City. P. Similar Load Characteristics: Customers with a maximum Demand greater than 1000 kilowatts in any one month during the preceding 12 months and an annual efficiency factor of at least sixty percent (60%). For purposes of this Agreement, efficiency factor shall be computed as follows: efficiency factor = actual energy consumption Maximum totalized demand x days in period x 24 728889 04/09/2003 3 Q. Totalized Billing: The billing Demand and Energy components for the Service Area shall be totalized and shall evidence the Totalized Demand and the Totalized Energy for FC. R. Totalized Demand: The Demand in kilowatts as measured for billing purposes of concurrent Demand of all meters located in the Service Area. S. Totalized Energy: The sum of the Energy used by all of the meters within the Service Area. 2. Term and Commencement Unless sooner terminated pursuant to the terms herein, this Agreement shall commence upon the Effective Date and shall remain in effect through 3. Obligations of City A. Unless otherwise agreed in writing, City shall sell and deliver to FC, on the terms set forth herein, the electric Power Requirements which shall be delivered in accordance with the Rates and Rules including without limitation the provisions for phase and voltage specifications and variation in the quality or supply of electricity. City will provide Service and Power to the FC property consistent with the Line Extension Agreement to be entered into by and between FC and City. This Agreement shall be without force or effect until the Line Extension Agreement is entered into by the parties thereto. B. City shall at all applicable times during the term of this Agreement reduce the charges referred to in Section 4. hereof by an amount equal to the Discount whether or not such Discount is provided to other customers. In the event City fails to provide the Discount in any consecutive ninety (90) day period, FC may elect to terminate this Agreement. 4. Obligations of FC FC agrees to receive and purchase from City the Electric Power Requirements and pay rates and charges as determined pursuant to this Agreement. The rates paid by FC will be consistent with the rates imposed by the investor owned utility defined in Section 1 .D., Discounts, which is expected to be the lowest available rate for which customers with Similar Load Characteristics qualify either (1) under the Rates and 728889 04/09/2003 4 ~. 72 Rules, including applicable discounts; or (2) pursuant to other contracts between such other customers and the City, provided that the terms and conditions of any other such contract are equivalent to those in this Agreement. 5. Additional Terms A. The parties may, by mutual agreement, create additional Service Areas with the Service Area for the sole purpose of Totalizing Billing within the new areas. FC shall pay any additional costs of equipment required to measure such Totalized Demand and Totalized Energy prior to installation of such equipment. B. This Agreement shall be binding on the respective successors and assigns of FC and the City. C. Neither this Agreement, nor any rights, duties, interests or obligations hereunder may be assigned, transferred, pledged or otherwise encumbered or disposed of without the prior written consent of the other party, which shall not unreasonably be withheld; provided, however, that City may pledge or otherwise encumber revenues to be derived by it hereunder to third parties without the prior written consent of FC, and FC may pledge or otherwise encumber its rights hereunder to its lenders without the prior written consent of City and may without the prior written consent of the City assign or transfer this Agreement or its rights hereunder in connection with any sale, transfer, lease or assignment of the FC Property or any part thereof permitted pursuant to Section __ of the Development Agreement No. without the City's consent. D. In the performance of this Agreement, FC and City shall abide by and conform to any and all applicable laws of the United States, the State of California and the Ordinances of Rancho Cucamonga. E. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. F. The high voltage electric transmission system that brings electricity to the City is part of the interconnected transmission system serving the western United States, including Southern California. In order to maintain the reliability and integrity of the overall transmission system, electric utilities are required to establish 728889 04/09/2003 5 s~r7J and maintain, and the City has established and maintains, an underfrequency load shedding program. This program requires that, in the event ora system disturbance, when the frequency of the interconnected transmission system begins to degrade below the standard operating frequency of 60 Hz, preselected loads within each utility's jurisdictional area are dropped automatically at preselected frequency levels. The City is required to commit up to 70% of its load in 10% increments in that program. In establishing the loads to be dropped, City makes all reasonable efforts to avoid impacts to the health and safety of the general public or to customers where there are large concentrations ofpeople. FC is one of the loads that are given such priority. During any such disturbance either the Preferred or Emergency Circuits may be impacted, but City will make all reasonable efforts to keep one of the two circuits in service. The City cannot, however, guarantee Service, but will make all reasonable efforts to maintain Service to FC consistent with the Rates and Rules. G. Subject to the procedures of the Rates and Rules, FC may terminate this Agreement upon one hundred and eighty (180) days prior written notice to the City in the event of a material breach by the City of the terms of this Agreement. In such event, FC will be provided Service pursuant to the terms of the Rates and Rules then in effect. H. Except where this Agreement provides specific terms and/or conditions to the contrary, this Agreement shall be administered pursuant to the Rates and Rules. In the event of a conflict between the Rates and Rules and the Terms of this Agreement, the terms of this Agreement shall prevail. 6. Amendment Except as expressly provided for herein, neither this Agreement nor any terms hereof may be amended, supplemented, waived or modified except by an instrmnent in writing executed by both parties hereto. 7. Miscellaneous A. The parties agree to negotiate in good faith to resolve any differences that arise under this Agreement. B. The failure of either party to insist in any one or more instances upon strict performance by the other of any one or more of the provisions of this 728889 04/09/2003 6 ,,~ 7~,~ Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver or relinquishment. C. The parties shall promptly furnish to each other such information and reports as may be reasonably requested from time to time in order to carry out the intent and purpose of this Agreement. City shall keep accurate records and accounts of its properties and operations in accordance with generally accepted accounting principles. FC shall have the right at any reasonable time during normal business hours to examine such records and accounts. City shall furnish FC with copies of annual audits which are public records. D. Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by City by certified mail, personal delivery or courier to FC at with copies to Attn: or any new address provided by FC in writing to City. Service of said notice or demand on FC shall be complete when received by FC at the notice address. Any notice or demand required or permitted by the terms of this Agreement or by any law or statute may be given by FC by delivering said notice or demand to City at: (1) 10500 Civic Center Drive, Rancho Cucamonga, California 91730, Attn: City Clerk (2) a copy of all said notices shall be sent to Public Works Department, Attn: Public Works Director. Service of said notice or demand shall be complete when received at the office of the City Clerk. E. This Agreement is made under and shall be governed by and construed and interpreted in accordance with the laws of the State of California. F. If any section, paragraph, clause or provision of this Agreement is declared illegal or no longer in force by reason of any judgment or order issued by a court of competent jurisdiction, the remainder of this Agreement shall be unaffected by such judgment or order, and all of the remaining provisions of this Agreement shall remain in full fome and effect as though such section, paragraph, clause or provision or any part thereof so adjudication or ordered illegal or no longer in force had not been included herein. 728889 04/09/2003 7 G. It is mutually agreed that all terms and conditions with respect to the subject matter hereof, including, but not limited to, the sale of Power by the City to FC, constitute the entire understanding between the parties and are completely set forth in this Agreement and attachments and exhibits hereto, and that no previous promises, representations, or agreements made by the parties hereto, their officials, or agents shall be binding except to the extent expressly contained herein. H. Upon execution of this Agreement, City shall furnish FC with a copy of the Minute Order of the City Council of City authorizing the execution and delivery of this Agreement, duly authorized and certified by authorized officers of said City. City represents and warrants that: 1. The actions and votes of City authorizing the execution and. delivery of the Agreement have been duly and lawfully adopted by City's City Council; and 2. The execution and delivery of the Agreement does not contravene any existing agreement or obligation to which City is bound. I. Each party shall prepare, execute, and deliver to the other party any documents reasonably required to implement any provision of this Agreement. J. Any number of counterparts to this Agreement may be executed, and each shall have the same force and effect as the original. K. This Agreement shall consist of the foregoing agreement and all exhibits hereto and any duly authorized amendments thereto which shall constitute an / integral part of and are incorporated into this Agreement by this reference. L. Neither the City, its agents, contractors nor any other person or entity acting on behalf of the City and under its control and direction shall acquire any rights whatsoever under this Agreement, or under and other document executed or delivered herewith to use, and neither the City nor any such person or entity shall use, the name of Forest City "FC' (either alone or in conjunction with or as a part of any other word or name) or any fanciful characters or designs of FC or any of its related, affiliated or subsidiary entities in any advertisements, publicity or promotions, or to express or to imply any endorsement by FC of any products or services provided or furnished by the City or any other person or party. 728889 04/09/2003 8 Notwithstanding the foregoing, nothing herein shall prohibit the City from including the name of Forest City "FC" in the reporting of the City's business activities in the ordinary course, or in any listing of customers of the City of Rancho Cucamonga Public Works Department prepared by the City in connection with any governmental or financing document (i.e. City Annual Reports, bond issuances, etc.), or as otherwise required by law. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. CITY OF RANCHO CUCAMONGA a municipal corporation Dated: By: APPROVED AS TO FORM: RICHARDS, WATSON & OERSHON JAMES L. MARKMAN, CITY ATTORNEY ~ By: ~ A FOREST CITY Dated: By: APPROVED AS TO FORM: By: 728889 04/09/2003 9 ~'~7 ~ A N C H O C U C A M O N G A Co~l~IU NIT¥ SERVICES Staff Report DATE: April 16, 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, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE East Beryl Park: · Construction complete. The park is opened to the public. Etiwanda Creek Park: · A new cell tower has been installed and the field lights were re-aimed. Ralph M. Lewis Park: · Signs regarding rules and regulations for the disk golf course are in the process of being manufactured by the City. Sports Complex: · Crews are working on the stadium field in preparation for the ball season. Pitchers mound is being re-built. Stadium seating signage has been replaced. · City maintenance workers hosted a group of Pasadena Public Works Employees. The visit included a training seminar on ball field maintenance and a tour of the facility and our maintenance yard. City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Central Park: · Construction documents are being prepared by the Amhitect. The first plan check submittal is due to the City on April 8th. Day Creek Park (Previously Rancho Etiwanda Park): · Park construction is proceeding slowly. Tennis court lights that were lost in high winds have been replaced. Parking lot to be completed by the end of the month. Some plant material being installed. Developer currently anticipates completion of the park by August 2003. South Etiwanda Park: · The Architect is working on the conceptual plan. Victoria Arbors Park: · Architect beginning work on the park located in the Victoria Arbors Planned Development. A location map has been attached to this report. COMMUNITY SERVICES UPDATE Senior Services: · Sprinq Flinq, Thursday, April 18, 10:00 a.m. Come to the Senior Center and help celebrate the annual spring event with musical entertainment, refreshments and games. An Easter Bonnet Parade will follow. This event is co-sponsored with the V.I.P. Club. Come out and support it. · The V.I.P. Club will hold their annual Card Party at the Senior Center on Saturday, April 26, 2003, from 9:00 a.m. to 2:00 p.m. Play all of your favorite card games, play bingo, eat lunch, and have fun, fun, funl This is a fund raising event for the V.I.P. Club. Come out and support it. · Senior Advisory Committee will hold its next regular meeting on Monday, April 28, 9:00 a.m. at the Senior Center. · Update on March/April Events - During the month of March/April the Senior Center hosted several special events. Highlights from these events are as follows: > Roman Banquet - March 7th. When in Rancho, do as the Romans! Over 80 seniors enjoyed a roman style feast served by staff and volunteers dressed in togas. Gypsy dancers and magicians from the Magic Arts Guild of Rancho Cucamonga entertained the festive crowd. Mimis Caf6 and the International House of Pancakes donated the food for this fabulous event. ~. St. Patrick's Day Celebration - March 13th. Over 120 seniors enjoyed traditional Irish music by performing extraordinaire Diane Chavarria. Green was the color of the day, including the cookies, candy, and punch that all in attendance enjoyed. City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 > Golden Follies Talent Showcase - March 29th. Over 400 seniors from 5 communities watched in amazement as performers from Rancho Cucamonga, Montclair, Ontario, Upland, and Chino entertained them at the annual Golden Follies Talent showcase held at the Montclair Senior Center. Rancho Cucamonga's own Line Dancers, Vern Acree, Gerry Homan, and Larry Williams stole the show! > The Annual Senior Citizens Fine Art Show was held Saturday April 5th, from 10:00 a.m. to 5:00 p.m. Thirty-four (34) participants entered over 75 individual pieces of art. Martha Cowan and Ginger Marshall of the Upland Art Association were the judges for this year's event. The Fine Art Show was a non-juried art competition featuring artwork of the following media: oil/acrylic, watercolor/pastel, mixed media, sculpture, photography, graphite, and the new category, fiber arts. The Art Show also featured demonstrations, entertainment, refreshments, and an awards ceremony. Best of Show was awarded to Otha Grant for her watercolor/acrylic under glass piece entitled Floats, Nets and Tarps. Approximately 200 individuals stopped the Center and enjoy the Art Show. Human Services: · Retired Seniors Volunteer Proqram (RSVP) - offers many volunteer opportunities throughout the West End for all adults 55 years of age and older. Some volunteer positions include: Senior Center Assistance, library aides, literacy tutors, home visiting, transportation, phone calls, minor repairs and yard maintenance. For more information please call 482-0355. · Clear View 500 Ma.qnif¥in.q Machine - The Senior Center received the Clear View machine from the State of California Department of Rehabilitation. This helpful device is used to magnify letters, books, text and pictures. It provides assistance to visually impaired seniors. The machine is available in the Thompson Room for use Monday through Friday from 8:00 a.m. to 5:00 p.m. · Senior Center Transportation - The City of Rancho Cucamonga and the YMCA have joined forces to provide free transportation for seniors that would like to come to the Center. The van runs Monday through Friday and will pick-up seniors at their homes at approximately 9:30 a.m. will bring them home in the afternoon around 12:30 p.m. A 24-hour advance reservation is required. For more information call the YMCA at 987-0777. · Safe Return Proqram - The Alzheimer's Association Safe Return Program assists in the safe and timely return of individuals with AIzheimer's disease and related dementias for those who leave their residence and become lost. The Senior Center is a registration site and can provide the following benefits: Identification products, national information/photo database, 24 hour toll-free crisis line, fax alert notification system, local Alzheimer's association chapter support and wandering behavior information/training. Trips and Tours: · Federal Reserve Bank Tour., April 16, 2003. During the tour participants will see millions of dollars shredded before their eyes and more in highly secured vaults. City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 · California Strawberry Tour, May 17, 2003. What better way to spend a May afternoon than at the Strawberry Festival in Oxnard. Enjoy fabulous food, water, arts and crafts, musical entertainment and of course, strawberries prepared every way you can imagine. · The Festival of the Arts, Pa.qeant of the Masters, August 1, 2003. California's finest summer art event is staged in Laguna Beach. Enjoy exhibits, workshops, demonstrations, and musical entertainment. The festival's most famous display, the Pageant of the Masters is ninety minutes of living pictures of art re-creations of classical and contemporary works. · In addition to the day trips noted above the Community Services Department offers a wide variety of multi day trips including an upcoming Baja cruise, Grand Canyon excursion, a trip to Branson and an Aloha Star Cruise. Volunteer Services: · The table below summarizes the Department's volunteer usa,qe for the Month of February year 2003: Month: February 2003 YEAR TO DATE ~of ~ of ~/olunteers # of Hours ; Value Volunteers # of Hours $ Value Admin 6 28 392 6 28 392 Sports 49 2,712 37,968 49 2,712 37,968 Senior & 59 328 4,592 59 328 4,592 Human Services Special 7 14 196 7 14 196 Events Youth 25 365 5,110 25 365 5,110 Programs Total I 146 3,447 $48,258 146 3,447 $48,258 Teens: · The table below summarizes teen pro.qram participation for the month of March 2003: Program Attendance/Participation - March 2003 Teen Center 780 Homework Room 74 TRAC - Babysitting 21 TRAC members, babysat 84 youngsters TRAC - Monthly activities 56 Spruce Skate Park 200 · The annual Career Expo was held on Thursday March 20, 2003, at the RC Family Sports Center. Seventy-two (72) businesses participated in the event and over 1,500 youngsters City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 and their parents attended. This was one of the most successful Career Expo's we have ever had. · Our Teen Recreation Activity Club (TRAC) members participate in our monthly meetings. TRAC teens are meeting every month to discuss programs and events they would like to see the City offer to teens in the community. · Staff is making regular weekly visits to the Spruce Park Skate Facility to promote safe skating by handing out donated chips and beverages free to the youngsters who are wearing their proper gear. · A free Teen Job skills Workshop was offered to teens on Saturday March 29, 2003. This workshop addressed all the information a teen would need to apply for a job. Two of our TRAC members assisted staff with the eight participants attending this workshop. · The RCSK8 Crew Skate Club for 10 - 16 years olds meets the first Thursday of each month at the Spruce Park Skate facility. This club allows teens to share their needs with staff about the skate park and allows staff to answer any questions the skaters might have about safety gear. Eight to fifteen youth a month attend this meeting. Staff and skate club members are working on our May 17, 2003, Safety Skate Demo at Spruce Park. Youth Activities: · Our Playschool Classes are filling up quickly for our spring session. Currently we have over 3,633 youngsters attending classes at our four locations. Staff had to add additional classes to accommodate the wait list need. Registration for our fall classes will start on April 19th. · On March 24, 2003, a St. Patrick's Day Celebration took place at Ralph M. Lewis Park. This festive day included: live entertainment, D.J., food and craft vendors, children's crafts, carnival type games and an inflatable bouncer. City staff helped to organize the event and funds donated to the Community Foundation in memory of Ralph M. Lewis were utilized in accordance with Ralph Lewis' request to provide a Terra Vista community celebration. · This event was sponsored by the Lewis Apartment Communities and funds donated to the Community Foundation in memory of Ralph M. Lewis in order to provide events to celebrate the community. Over 900 people attended this event and all had a wonderful time. · The Mobile Recreation Program "Fun on the Run" is becoming a fun neighborhood event. The program served over 980 youth for the month of March. The Mobile Recreation Unit had one (1) rental for the month of March at the Lewis Evergreen Apartment Complex, serving 32 Lewis apartment participants. The table below shows the schedule for the Mobile Recreation unit by park location and day of the week/timeframe. Weekday Park Location Program Time ~'~'~~/~:~1'~'~'~ Monday Bear Gulch Pa rk 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 City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Grants: · Teen Connection - Staff visited all the local high school campus in March and interacted with over 900 students. The numbers are little lower for the month of March due to a couple weeks of high winds and rain causing cancellation of our program on the school campuses. The table below highlights school visits during the month of March. Weekday High School Students Served - ~ March 2003 Monday Los Oso High School 100 Tuesday Etiwanda High School 300 Wednesday Rancho Cucamonga High School 300 ~ Thursday Alta Loma High School 200 ~' · Youth Enrichment Services (YES) Grant - The table below illustrates attendance/participation figures for programs/services provided through the YES Grant for the month of March 2003.. Location ! Site March Attendance Mulberry Learning FACTS Center 1,249 visits Lions East FACTS Center 1,454 visits Car Seat Safety Checks 98 Special Interest Classes - Parent Education 127/9 classes FIRST5 ~SAN BERNARDINO Recreation Classes: · Enrollment for contract recreation classes is high for this season. Currently we have over 1,959 participants registered into our 288 contract classes for the spring session, which will generate $90,235 in revenue. Youth Sports: · The 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. (This report was prepared prior to the meeting date; staff will update the Council as to the outcome of this meeting in the May Update Report.) · The table below summarizes youth sports activities for the reporting period: Activity # of Age/Gender # Teams Participants Pee Wee Soccer 372 3-5/boys & girls 36 Youth Roller Hockey 130 6-15/boys & girls 17 Youth Track and Field 112 6-15/boys & girls N/A City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Youth Track Meet 150 6-15/boys & girls N/A Youth Basketba Camp 60 6-12/boys & girls N/A RC Family Sports Center: · The table below and on the next page provides drop-in/open play participation at the Center for the reporting period: Activity # of Participants Adult Basketball 1,097 Youth Basketball 1,306 Adult Racquetball 526 Youth Racquetball 134 Adult Volleyball 23 Youth Volleyball 15 Jazzercise 1,291 · The table below summarizes organized adult activity at the Sports Center during the reporting period: Activity # of Participants Age/Gender # Teams Adult Racquetball 26 Adult/Males N/A Adult Basketball (full court) 60 Adult/Males 6 Adult Basketball (3-on-3) 60 Adult/Males 12 Adult Sports: · Three (3) adult softball tournaments will take place at the Epicenter and Adult Sports Complex during the month of April 2003. · Twenty-seven (27) adults are participating in our tennis leaques this winter. · The table below summarizes adult sports activities at the Epicenter for the reporting period: Activity # of Participants # Teams Gender Softball 2,700 150 Males/Females Soccer 848 53 Males/Females Flag Football 120 12 Males Non-Profit Sports Organizations: · Bi-annually, the Community Services Department, through the Sports Advisory Committee allocates sport fields for non-profit orqanized youth sport leaques. For the reporting period, 9 non-profit sport groups utilized 18 City parks and had 117,719 participants and 71,048 spectators enjoying our parks during both practices and game times. City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Community Wide Special Events: · 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 Anniversaw - 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 Rancho Cucamonga will be the star attractions of our celebration of the City's 25th Anniversary. · Event Plannin.q - 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. Performing and Cultural Arts: · "Once Upon a Mattress" Community Theatre Production Wins Biq Applause - After an eight- week rehearsal period the 55-member cast of "Once Upon a Mattress" came to life at the Alta Loma High School Theatre, April 4 - 6. With only four performances presented over one weekend, the show drew over 1,000 audience members of all ages, who were delighted with the fun and fantasy of this classic Broadway musical. Whimsical characters adorned in fabulous costumes (created specifically for the City's production by The Theatre Company in Upland) set amidst the setting of a medieval castle in the ever-popular "once upon a time" land was the perfect escape for families seeking live entertainment and an overall fun evening. Show stopping moments were delivered by Gary Rienschmidt (age 52) as "King Sextimus", a mute king who communicates through hilarious pantomime, Daniella Samuel (age 17) as Princess Winnifred the Woebegone with her sassy rendition of "Happily Ever After" and Mark Luchtenburg (age 16) with his "momma's boy" characterization of Prince Dauntless the Drab. The show is the City's 4th Community Theatre production in two years, and the momentum is building. Drawing local performers, both experienced and novice, 75% of the cast consists of Rancho Cucamonga residents along with performers from the local communities of Upland, Fontana, Ontario, Pomona and Glendora. The City was pleased to share the Producer's spotlight with the show's sponsors Banner Mattress and Simmons Beauty Rest, as well as the City's Community Foundation, who all contributed financially to the production's expenses. · The City's Performance Troupe, consisting of 19 local youth ranging in age from 8 - 18, performed at the City's Annual Volunteer Recognition Program with their "Broadway Medley". The program holds open auditions for local youth in August who meet weekly throughout the year for professional instruction in vocal music and dance, to prepare a variety of numbers which are available to be performed in the community for public, private and civic events. The program concludes in June, with the new "troupe" selected in August. City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Parks and Facilities: · The table below provides information on park/special use facility reservations for the month of March 2003: Location/Facility Attendance Number of Number Hours of Use Applications Processed of Rentals Red Hill 1,103 30 29 101 Community Park Picnic Shelters Heritage Community 421 19 17 54 Park Picnic Shelters Hermosa Park Picnic 195 12 10 30 Shelter Milliken Park Picnic 270 13 11 39 Shelter Coyote Canyon Park 140 6 5 15 Picnic Shelter Civic Center Courtyard* 0 0 0 0 Amphitheater 0 0 0 0 Equestrian Center 235 6 6 11 Total 2,364 86 78 250 · Not available due to pending Civic Center construction project. Heritage Park Equestrian Center: · Equestrian Center usa,qe for the months of April and May 2003 is shown in the table on the following page: Group Date Event/Time Frame Alta Loma Riding Club April 3ra Board Meeting/7:30p.m.-9:00p.m. Citizen's Patrol April 5th Training Day/8:00a.m.-5:00p.m. Rising Stars of April 12th Easter Show/7:00a.m.-5:00p.m. Equestrian Therapy Alta Loma Riding Club April 15tn General Meeting/7:30p.m.-9:00p.m 4-H Club April 21st General Meeting/"7:00p.m.-9:00p.m. Rising Stars of April 27t~ Special Olympics/7:00a.m.-5:00p.m. Equestrian Therapy Alta Loma Riding Club May 1st Board Meeting/7:30p.m.-9:00p.m. Rising Stars of May 4th ICC Dressage Show/7:00a.m.-5:00p.m. Equestrian Therapy Alta Loma Riding Club May 18t" Show/9:00a.m.-3:00p.m. 4-H Club May 19tn General Meeting/7:00p.m.-9:00p.m. Alta Loma Riding Club May 20tn General Meeting/7:30p.m.-9:00p.m. Rancho Cucamonga Fire May 27-29m Large Animal Rescue Class/7:00a.m.-5:00p.m. District City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Facilities: * Buildinq Rentals - Lions West and East Community Center facilities had 364 rentals scheduled for the month of March with 3,420 participants total for all the rentals. Lions West facility had over 6,000 people enter the center's doors during their 589 hours of operation and over 5,000 people enter through Lion's East doors during their 480 hours of operating time. · 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. Park and Recreation Commission: · The next meeting of the Park and Recreation Commission will be on April 17th. At that meeting the following agenda items will be discussed/acted upon: · Update on the Senior Advisory Committee. · Update on the Sports Advisory Committee. · Update on the Central Park project. · Update on the Cultural Center project. · Approval of amendment to the Park and Recreation Commission's agenda format regarding Commissioner's comments. · Discussion of Community Sports Groups Fee Policies and Revenue Options. · Consideration of participation in information booth at Silver Anniversary Event to be held May 10, 2003. Rancho Cucamonga Community Foundation: A board workshop has held on Saturday, April 5, 2003, with Gene House, consultant to the Community Foundation. At this meeting the Community Foundation worked on their fund development plan. · The following items were discussed at the Community Foundation's April 8, 2003 meetinq: · Update on Cultural Center project. · Consideration of participation in an information booth at the Silver Anniversary event to be held on May 10, 2003, at the Epicenter Stadium. · Update regarding plans for the 2003 Founder's Gala to be held November 1,2003. · A joint special meeting of the Community Foundation and the Library Foundation was held at the conclusion of the Community Foundation's regular meeting on April 8, 2003. At this meeting the following item was discussed: · Consideration and prioritization of Cultural Center donor prospects. City Council Parks, Recreation Facilities and Community Services Update April 16, 2003 Rancho Cucamonga Epicenter: · Staff has completed a 5-minute Epicenter marketinq video of the facility. This piece provides 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 are available in DVD, CD and VHS format and will also be loaded onto the Epicenter's website. · Staff is in the process of working with the following applicants for future activities at the Epicenter: · Abundant Living Church - Easter Services- April 20, 2003 - Epicenter Stadium and Softball Field. · Mt. Baldy Council Boy Scouts of America - Scout-O-Rama - April 26 & 27, 2003 - Epicenter and Adult Sports Complex - Soccer Fields. · 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. · In anticipation of the Quakes 2003 season, parkinq passes for the Epicenter facility have been distributed to umpires/officials/players for adult leagues, softball tournament players, little league players/coaches, City administrative staff and City Council. Quakes: · Staff has been working with the Quakes to develop a compromise solution to the closing of Rochester during home game days. · An exhibition game for the 2003 Quakes schedule took place on Monday, April 7th and the first home game of the season was on Friday, April 11th. RespE ffully submitted, (t~eoVmi~m~nCitA~d~;ee rv, ce s Director OE~l~inleer I.'tCOMMSERV~Council&BoardsICi~yCouncil~StaffReportst2.0031update4.16.03. doc R A CH O C U CA M O N G A F, NGIN~I~ING DI~P&~TI~NT DATE: April 16, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Karen McGuire-Emery, Senior Park Planner SUBJECT: APPROVAL OF THE CONCEPTUAL PLAN AND NAME FOR THE PARK SITE LOCATED IN THE VICTORIA ARBORS MASTER PLANNED DEVELOPMENT RECOMMENDATION That the City Council review and approve the conceptual plan, and the name ~Victoria Arbors ParK' for the park site located in the Victoda Arbors Planned Development, as recommended by the Park and Recreation Commission. BACKGROUND Conceptual Plan - The proposed neighborhood park site (Exhibit A) in the Victoria Arbors Community will be approximately 8 acres in size, and is bordered on the north by residential, on the east by Victoda Park Lane, the wetlands and the future elementary school site, on the south by a local street currently shown as Street 'A', and on the west by Arbor Lane. See attached Iocafional map (Exhibit B). As suggested, the applicant has nestled the park site within the Arbors Community, thus supporting the neighborhood park concept as expressed in the City's General Plan. .Both the school and park site will be fully sized, allowing them each to operate independently, yet cooperatively, thus maximizing the recreational opportunities available to the community. In this regard, the proposed park plan provides one full basketball court, one 60 ff ballfield, a play ama/tot lot, an exercise course, individual picnic tables a covered picnic shelter with tables and barbecues, restroom facilities and on site parking for approximately 83 cars (including 4 handicap stalls). The proposed school design shown on the plan has not been approved. CITY COUNCIL MEETING NAMING OF PARK SITE IN VICTORIA ARBORS DEVELOPMENT APRIL 16, 2003 PAGE 2 The restored wetlands area thet is located adjacent to the park site will not receive park credit and will be fenced to protect it es a natural habitet. There will be viewing arees from the park into the wetlands erea, however, no access will be provided for the generel public. In addition, an extensive trail system has been developed through the community end will enter the park north of the wetlands on Victoria Park Lane and will run through the p~k, along the wetlands, connecting Victoria Perk Lane with Arbor Lane. Neme - Victoria Arbors is the remaining village to be develOped in the Victoria Community Plan. The three other villages, Victoria Groves, Victoria Vineyards and Victoria Windrows each has a park reflective of the Victoria village name or the adjacent street: Victoda Groves Park, Victoria Windrows Park, and in Victoria Vineyards, Kenyon and vintage Parks located on the respective streets. In the victoria Arbors Village, the main entry to the park will be on Arbor Lane, a unique boulevard with a Wide pedestrian island, that has been designed to accommodate programmed events such as street fairs, and will connect with the Regional Mall. A name for the elementary school site located adjacent to the park site in the Village of Victoria Arbors, has not been selected. In accordance with the City's Policy for the Naming of Park Facilities (Exhibit C), which is attached for your information, the Park and Recreation Commission considered the names Victoda Arbors Park, Arbor Lane park and Arbor View Park and recommend Victoda Arbors Park as the name for this park site. City Engineer Attachments Victoria Arbors Villiage Park Site 'FUTURE PARK FUTURE SCHOOL 0.2 0 0.2 0.4 Miles EXHIBIT B EXHIBIT CIT~ OF RA~'~O CUC~HONG~ POr.TCy FOR ~ N~F~I~G OF P~RE FACiLitiES ~e following policy is reco~ended for use in ~e naming of park facilities for ~e City of Rancho ~c~onga. '~ese ~idelines will be used to insure consistent, while minimizing confusion in ~e selection of names for new and exis=ing park areas. The following factors ~a~ may be considered are: If a park site is located adjaCent to a school and school has been officially named, ~hen ~he park may be named after ~/le school. This will minimize facility iden~ifica=ion confusion and encourage ~he intent of ~he City's. General .Plan which recommends ~he school/park complex developments. If ~he school has no~ been· officially named ~he City shall work wi~h the School Dis=riSc to develop a mutually acceptable name for the school/park complex. Contests by students =o name the school/park complex should be sncouraged~ If a park site is located near a significant geographical, historic and/or other physical element, and is not adjacent ~9 a school, the park may be named after the significant feature. A park site may be named after an adjacent street, or an commemorative event if it is not located adjacent to a school site or a significant physical element. This would encompass such park facilities as the Rancho Cucamonga Neighborhood Center, Red Hill Park and Heritage Park. A park site or ce~ain area improvements within park facilities maybe named after individuals or non-profit organizations if those individuals or organizations contributed significantly ~o the development of the specific park or the general park system within the City of Rancho Cucamonga. Examples .of this would include Lions Park. Adopted Oct.5, 1988 CITY OF RANCHO CUCAMONGA ~- STAFF REPORT DATE: April 16, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Debra Adams, CMC, City Clerk/Records Manager SUBJECT: CONSIDERATION OF CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION TO THE LIBRARY BOARD RECOMMENDATION: It is recommended that the City Council approve the appointment of Rebecca Clark to the Library Board as recommended by the City Council Library Subcommittee. BACKGROUND/ANALYSIS: The Library Subcommittee, consisting of Mayor Alexander and Councilmember Howdyshell, met on April 2, 2003, to interview applicants in order to fill a vacancy on the Library Board. It is recommended the City Council approve their recommendation of appointing Rebecca Clark to complete the unexpired term of Robert Howdyshell. If you have any questions, please feel free to contact me. Respectfully submitted, Debra d. AdarfCJ, CMC, City Clerk/Records Manager