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2004/06/02 - Agenda Packet
CITY OF R~CHO CUCAMONGA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 AGENDAS · Redevelopment Agency · City Council REGULAR MEETINGS Ist and 3rd Wednesdays + 7:00 p.m. JUNE 2, 2004 AGENCY~ BOARD &CITY COUNCIL MEMBERS William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tern 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 Redevelopment Agency Meeting... Council Chambers Regular City Council Meeting ............. Council Chambers INFORMATION FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL The City Council encourages free expression 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 may do so under "Public Communications". 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 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. 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:llwww, 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. CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 Civic CENTER DRIVE A. CALL TO ORDER 1. Roll Call: Alexander , Gutierrez Howdyshell , Kurth , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of a Retirement Badge and Commemorative Plaque to Robert Corcoran, Deputy Fire Chief, in honor of his retirement after 30 years with the Fire District. 2. Presentation of a Proclamation in recognition of "National Trails Day." C. PUBLICCOMMUNICATIONS 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. E. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: April 21, 2004 (Kurth absent) 2. Approval of Warrants, Register May 12, 2004 through May 24, 2004, and Payroll ending May 24, 2004, for the total amount of $1,632,264.99. CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 2 10500 CIVIC CENTER DRIVE 3. Approval of Amendment No. 2 to City of Rancho Cucamonga, 24 Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement for a Plan of Cooperative Action for Economic Development. 4. Approval to proceed with the biennial review of the City's Conflict of 26 Interest Code. 5. Approval of a request from American Youth Soccer Organization 27 (AYSO) Region 65 for a Waiver of Fees and Charges for use of the soccer fields at the Rancho Cucamonga Epicenter Adult Sports Complex on September 11,2004, for their picture day. 6. Approval to appropriate $17,500 to Acct. No. 26608015300 from the 30 2004 Tax Allocation Bonds Fund Balance for the design survey of the Upper Cucamonga Storm Drain and Hellman Avenue Widening Imprevements. 7. Approval of a resolution by the City Council of the City of Rancho 32 Cucamonga, California, that the City Council covenants not to issue any additional bonds, except refunding bonds for Improvement Area No. 1, City of Rancho Cucamonga Community Facilities District No. 2003-01. RESOLUTION NO. 04-171 34 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, COVENANTING NOT TO ISSUE ANY ADDITIONAL BONDS, EXCEPT REFUNDING BONDS FOR IMPROVEMENT AREA NO. 1 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 8. Approval to appropriate $1,700,000 to Acct. No. 36 1243035650/1026124-0 from the Transportation Development Fund balance for the developer reimbursement associated with the Construction of Day Creek Boulevard (south of Foothill Boulevard to the westerly property line of the Day Creek Flood Control Channel). 9. Approval for award and execution of an amended rental agreement 38 in an additional amount of $167,820.00 for a total budgeted amount of $353,820.00 to Johnson Power Systems, Inc. for rental of mobile electric generators to provide temporary construction power within the Rancho Cucamonga Municipal Utility service area. 10. Approval to authorize the City Manager to enter into a non-exclusive 40 Master Power Purchase and Sale Agreement {Agreement) by and between the City and Sempra Energy Solutions, of Los Angeles, California (Septra) (CO 04-059), subject to any modifications approved by the City Manager and the City Attorney, authorize the City Manager to execute the Confirmation Orders with Sempra in amounts necessary to provide electric service to new customers to be funded from Account No. 17053035209. CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 3 10500 CIVIC CENTER DRIVE 11. Approval for award and execution of Professional Services 4'1 Agreement in the amount of $56,172 to Signet Testing Laboratories, Inc. (CO 04-060), and authorize the expenditure of a 10% contingency in the amount of $5,617.00 for geotechnical services for Phases 1B(B), 3B(A) and 3B(B) of CFD 2003-01, to be funded from Fund 614 -CFD 2003-01, Acct. No. 16143035300~1442614-0. 12. Approval to accept Improvements, release the Faithful Performance 44 Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16398, located at the northwest corner of Hellman Avenue and 7th Street, submitted by W.F. Construction, Inc. RESOLUTION NO. 04-172 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16398 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. 1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037 - JOHN LAING HOMES 47 - A request to change the zone from Community Commercial to Mixed Use for a .7 acre portion of Subarea 3 of the Foothill Boulevard Districts1 located north of Foothill Boulevard, between Hellman and Malachite Avenues - APN: 0208-151-20 thru 23. Related Files: Tentative Tract Map SUBTT16567, Development Review DRC2003-01036, Tree Removal Permit DRC200400139, and Historic Point of Interest DRC2004-00105. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CITY COUNCIL AGENDA JUNE 2, 2004 -- 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 Civic CENTER DRIVE ORDINANCE NO. 723 (second reading) 47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037, A REQUEST TO CHANGE THE ZONE FROM COMMUNITY COMMERCIAL TO MIXED-USE FOR A .7 ACRE PORTION OF SUBAREA 3 OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED NORTH OF FOOTHILL BOULEVARD, BETWEEN HELLMAN AND MALACHITE AVENUES - APN: 0208-151-20 THRU 23; AND MAKING FINDINGS IN SUPPORT THEREOF 2. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003-00047 CHARLES JOSEPH ASSOCIATES - A request to amend the Etiwanda Specific Plan to allow RV storage for the southwest parcel of 9.87 acres of land in the Low Residential District (2-4 dwelling units per acre), located at the southwest corner of the 210 and 1-15 freeway interchange - APN: 0228-011-31. Related file: Conditional Use Permit DRC2003- 00048. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 724 (second reading) 50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003- 00047 TO ALLOW A CREATIONAL VEHICLE STORAGE FACILITY ON 9.87 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF THE 210 AND 1-15 FREEWAY INTERCHANGE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0228-011-31 CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 Civic CENTER DRIVE PUBLIC HEARINGS G. ADVERTISED 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 ENVIRONMENTAL IMPACT REPORT AND CONSIDERATION OF ANNEXATION DRC2002-00865 - RICHLAND 53 PINEHURST INC.- A proposed annexation of 160.0 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN - 0225-083-01, 12, 13, 14, 15, 16 and 20. Related Files: Development Agreement DRC2002-00156, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2003-00461. CERTIFICATrON OF ENVIRONMENTAL IMPACT REPORT AND 53 CONSIDERATION OF DEVELOPMENT AGREEMENT DRC2002- 00156 - RICHLAND PINEHURST INC. - A proposed Development Agreement to address specific conditions of development and annexation for 150.8 acres of land located at the northwest corner of Wilson Avenue and East Avenue. APN: 0225-083-01, 12, 13, 15, 16, and 20. Related Files: Annexation DRC2002-00865, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2002-00461. 2. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 57 ANNEXATION DRC2003-00753 HENDERSON CREEK PROPERTIES - A proposed Annexation of 96.9 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan at the northerly end of Wardman-Bullock Road - APN: 0225-084-04, 0226-08%09 and 10, and 0226-082-28 and 29. Related Files: General Plan Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. CERTIFICATION OF ENVIRONMENTAL iMPACT REPORT AND 57 CONSIDERATION OF GENERAL PLAN AMENDMENT DRC2003- 00749 - HENDERSON CREEK PROPERTIES, LLC - A proposed General Plan Land Use Amendment to change from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land located at the northerly end of Wardman Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. Related Files: Annexation DRC2003- 00753, Development Agreement DRC2003-00751, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. CITY COUNCIL AGENDA JUNE 2, 2004 -- 7:00 P.M. THE MEET,NG TO SE HELD ,N THE COUNCIL CHAMBERS, C,TY HALL, 6 10500 CIVIC CENTER DRIVE CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 57 ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003- 00750 - HENDERSON CREEK PROPERTIES, LLC - A proposed Etiwanda North Specific Plan Amendment to change from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land and the proposed modification of the circulation system in the Etiwanda Highlands Neighborhood of the Specific Plan - APN: 0225-084-04, 0226-081- 09 and 10, and 0226-082-29. Related Files: Annexation DRC2003- 00753, General Plan Amendment DRC2003-00749, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 57 DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC - A proposed Development Agreement to address specific conditions of development and annexation for 63.5 acres of land, located at the northerly end of Wardman Bullock Road within the Etiwanda North Specific Plan - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. Related Files: Annexation DRC2003-00750, and Tentative Tract Map SU BTT16324. 3. VACATION OF CENTER AVENUE (V-186) - CABOT INDUSTRIAL PROPERTIES; APPROVAL OF A REQUEST TO VACATE CENTER 6'1 AVENUE, NORTH OF TRADEMARK PARKVVAY; RELATED FILE: DRCDR00-41 RESOLUTION NO. 04-173 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED, CENTER AVENUE LOCATED NORTH OF TRADEMARK PARKWAY APPROXIMATELY 66 FEET WIDE AND 243 FEET LONG H. PUBLIC HEARINGS II The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 7 10500 Civic CENTER DRIVE I. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. UPDATE ON CONSTRUCTION PROGRESS OF CENTRAL PARK 68 PROJECT (Oral) 2. CONSIDERATION OF APPEAL OF USE DETERMINATION DRC2004-00093 - STEVE KNECHT - An appeal of the Pranning 101 Commission's decision denying a request to determine that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District at 10158 Sun Valley - APN: 1074-081-12. RESOLUTION NO. 04-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF 2. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY '104 FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-B. RESOLUTION NO. 04-174 '106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-B , ,~, CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 8 ~..,.,R*~ ~.c..u.,o.,. 10800 CIvic CENTER DRIVE 3. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR 115 COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1, ZONES 1,2 & 3), SERIES 2003-A. RESOLUTION NO. 04-175 '117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3), SERIES 2003-A 4. APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY 127 WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 04-176 129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS 5. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY '133 FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 04-177 135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) 6. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY '142 FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. RESOLUTION NO. 04-178 '144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CiTY HALL, 9 10500 Civic CENTER DRIVE 7. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY 153 FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM} WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 04-179 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1R (DAY CREEK DRAINAGE SYSTEM) 8. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 163 (IMPROVEMENT AREA NO. 3, ZONE 7) SERIES 2001-B. RESOLUTION NO. 04-180 165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B 9. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 172 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A. RESOLUTION NO. 04-181 175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A 10. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY 189 FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). RESOLUTION NO. 04-182 191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) ~ CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10 '10500 CIVIC CENTER DRIVE 11. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY '198 FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 04-183 200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 12. APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) 207 WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 04-184 209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2004-2005 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS J. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. LEGISLATIVE UPDATE (Oral Report) K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. CITY COUNCIL AGENDA JUNE 2, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE L. PUBLIC COMMUNICATIONSII 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. Il ~. 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 May 27, 2004, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. April 21, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II ^. II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 21,2004, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William d. Alexander called the meeting to order at 7:15 p.m. Present were Councilmembers: Rex Gutierrez, Robert d. Howdyshell, Diane Williams and Mayor William d. Alexander. Absent was Agencymember Kurth. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; dames Markman, City Attorney; Linda D. Daniels, RDA Director; dames C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Joseph Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Dan dames, Sr. Civil Engineer; Brad Bullet, City Planner; Dan Coleman, Principal Planner; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Nettle Nielsen, Recreation Supervisor; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Peter Bryan, Battalion Chief; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst Iit; Shirr'l Griffn, Office Specialist II; and Kathy Scott, Deputy City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to the First 5 San Barnardino Gommission in recognition of their significant contributions to the City's Youth Enrichment Services (YES) Program. Nettie Nielsen, Recreation Supervisor, gave the overview, acknowledging and thanking the Commission for their support of the City's programs. The City Council presented the Proclamation to Loren Sanchez and Commissioner Carol Anselmi. B2. Presentation by Dennis Yates, Board Member, AQMD. Board Member Dennis Yates gave a power point presentation on air pollution. He said AQMD seeks the City's support in establishing a locomotive emission reduction and mitigation program through a City Resolution or letter of support to help the South Coast Basin reach the Federally mandated plan state of 2021. B3. Presentation of a Proclamation declaring April 18 - 24, 2004 "National Victim's Week." Mayor Alexander stated that "Friends and Families of Murder Victims" is a non-profit organization dedicated to providing information, support and friendship to people who have experienced the death of a loved one through the violent act of murder. He said they hope to restore a sense of hope and provide a pathway to the well being for those who have lost a loved one, and to educate the community regarding issues faced by the surviving families and friends of murder victims and attempted murder victims. City Council Minutes April 21, 2004 Page 2 Agnes Gibboney, Leader for the West End Chapter, stated they offer moral support for anyone who has lost a loved one to the violent act of murder. She said they meet at St. Mark's Episcopal Church the 3rd Thursday of each month at 7:00 p.m., and anyone is welcome. Dolores Conyer, Secretary, said she is also a parent of a murdered victim. She said there would be a candlelight vigil on Thursday, April 22, 2004, at 6:00 p.m. The City Council presented the Proclamation to Agnes Gibboney, Leader, and Dolores Conyer, Secretary, from the West End Chapter. I[ C. PUBLIC COMMUNICATIONS II C1. John Lyons stated his concern regarding the California Highway Patrol Officer shot this date in the City of Pomona. He also said he would like residents from this City hired for the jobs at the new mall; however, he would like to hire experienced people from the area as well. He hopes that it is not mandatory that people attend the training camp to be hired. C2. John Shanahan spoke regarding the March 29, 2002, killing of Los Angeles County Deputy Sheriff David March. He said there is a support rally on May 8, 2004, 9 am to noon, in Santa Clarita at the College of the Canyons. He said Deputy March was killed by an illegal alien who had two other warrants out for his arrest for attempted murder and had been deported twice. He said there is something wrong with the system that allows this. He said there is a major national political problem between the United States and Mexico wherein Mexico will not extradite anyone who has killed someone in the United States. C3. Melissa Morales stated she has a phone bill that is in excess of $5,000 due to fraudulent charges that took place over a period of five days. She said her phone line was used for an Internet scam to illegally get onto adult sites. She said she has flied a police report that has been classified as identity theft. She said that Verizon has taken the position that, as they are unable to sue the Internet company, their customers are being made to pay for the fraudulent charges. She wanted the public to be made aware of how the residents of this City are being treated by Verizon. II D. COUNCIL COMMUNICATIONS I D1. Councilmember Gutierrez stated that the Quakes have started their season and need our support; stated concerns regarding prevailing traffic issues (left turn signals, patience in construction areas, and high speeds); stated concern re public safety, specifically loitering in parks; he congratulated Dennis Michael, Fire Chief, on his retirement and thanked him for all of his years of service with the City; and congratulated Peter Bryan, the City's new Fire Chief. D2. Councilmember Howdyshell dittoed the congratulations mentioned above; he mentioned the groundbreaking for Fire Station 3 at the NW corner of Day Creek and BaseLine, which is a great improvement to the City; he commended Jack Lam, Debi Clark and staff for the very successful telethon in raising money for our new library. D3. Councilmember Williams mentioned the press conference re the $1 million dollar donation by the Lewis Family and the naming of the Cultural Center playhouse, "The Lewis Family Playhouse." She stated that donations/pledges are still being accepted; she said the telethon was phenomenal, and wanted to thank the children who performed and their parents; she said there was a packed house for a remarkable demonstration of what our new theater can do for our children; she said Suzanna Guzman, City Council Minutes April 21, 2004 Page 3 opera star, taught the children about opera in a pleasurable way; she said that is similar to the kind of thing that will take place in the children's theater - educating the children. She thanked hosts Rod Gilfry and his wife, Tina. Also, she thanked Chris Little, news director, KFI radio, and gave special thanks to Frances Howdyshell and Rebecca Davies for their help. D4. Mayor Alexander apologized for not being at the Telethon, as he was out of state on City business regarding transportation. He thanked all the volunteers in our community and said the City will soon be honoring all of them at the Annual Volunteer Awards Banquet. ][ E. CONSENT CALENDAR I El. Approval of Minutes: March 31,2004 (Special Meeting) April 7, 2004 E2. Approval of Warrants, Register 3/26/2004 through 4/12/2004, and Payroll ending 4/12/04, for the total amount of $3,626,186.05. E3. Approval to receive and file current Investment Schedule as of March 31, 2004. E4. Approval to award a contract to Delta Microimaging, Inc. (CO 04-036) of Fresno, California, for backfile conversion services in an annual amount not to exceed $40,000 for the period of April 21, 2004 through April 20, 2005, with an option to renew for additional one-year periods upon review and confirmation of pricing and mutual consent, up to a total of three years, to be funded from 1016-301-530. E5. Approval of a Community Facilities District Advance and Reimbursement Agreement with BCA Development (CO 04-037). E6. Approval to appropriate funds received from the U.S. Department of Housing and Urban Development for a grant in the amount of $804,735 for construction of a Senior Center at Central Park, Fund 1239303-5650/1496239-0. E7. Review and confirmation of Epicenter improvements proposed by Valley Baseball, Inc. ES. Approval of Amendment No. 4 to the Amended and Restated Lease Agreement between the City of Rancho Cucamonga and Valley Baseball, Inc., relating to reduction in available parking spaces in Parking Lot G and change in reimbursement for the Expanded Parking Lot. E9. Approval of Amendment No. 5 to the Amended and Restated Lease Agreement between the City of Rancho Cucamonga and Valley Baseball, Inc., relating to replacement of the Scoreboard. El0. Approval of Parcel Map 16238 and monumentation cash deposit, located at the southwest corner of Milliken Avenue and 6th Street, submitted by Silver Oak Development. RESOLUTION NO. 04-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16238 AND MONUMENTATION CASH DEPOSIT City Council Minutes April 21,2004 Page 4 Ell. Approval to authorize the City Manager and/or his designee to sign the Distribution and Service Extension Agreement with Regency Realty Group, Inc. (CO 04-038) and future distribution and service extension agreements along with amendments thereto for the extension of electric utilities within the Rancho Cucamonga Municipal utility Service Area. E12. Approval to release the Maintenance Guarantee Bond for Tract 13835, located on the northeast corner of Highland Avenue and Rochester Avenue, submitted by Sheffield Homes, LLC. E13. Approval to release the Maintenance Guarantee Bond for Tract 13851, located north of Wilson Avenue and west of Deer Creek Channel, submitted by DPDG Fund I, LLC. E14. Approval to release the Maintenance Guarantee Bonds for Tract 13270, located on the northwest corner of Milliken Avenue and Church Street, submitted by Lewis Homes. E15. Approval to release the Maintenance Guarantee Bonds for Tract 15875-1, located on the northeast corner of Base Line Road and Day Creek Boulevard, submitted by Kaufman and Broad of Southern California, Inc. E16. Approval to release the Faithful Performance Bond, No. 612882, in the amount of $50,855.00 for the In-Roadway Warning Lights at 19th Street (SR 30) and Jasper Street, Contract No. 02-091. E17. Approval of Improvement Agreement extension, for Tract 16116, located at the southwest corner of Banyan Street and East Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 04-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF: RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16116 MOTION: Moved by Gutierrez, seconded by Howdyshell to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0-1 (Kurth absent). II F, CO SE T O DI n CES I No Items Submitted. iI G. ADVERTISED PUBLIC HEARINGS I Gl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT - DRC2001-00534 - CABOT INDUSTRIAL PROPERTIES L.P. - A request to amend the circulation within the Industrial Park Development District, Subarea 6, to eliminate Center Avenue from 6th Street south to Trademark Parkway, submitted by Cabot Industrial Properties - APN's 209-072-06, -11, - 16, -17 and -35. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report presented by Dan James, Sr. Civil Engineer. City Council Minutes April 21, 2004 Page 5 Mayor Alexander opened the meting for public hearing. Addressing the City Council were: Bob Dolan, representing the Association for the Business Trademark Center (south of the Parcel being developed), said he understands that the street that will be taken out will be given back to the business center as their property. He said he just wanted to make sure that was the case. Dan James, Sr. Civil Engineer, confirmed that. He said it primarily goes back to the business center to the west. He said this amendment is deleting the street, within the development code, that is not currently built. He said the vacation process of the existing portion would be brought to the City Council for action. There being no further public input, the public hearing was closed. RESOLUTION NO. 04-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO AMEND THE DEVELOPMENT CODE PER DEVELOPMENT CODE AMENDMENT DRC2001-00534 - AMENDING THE CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, TO ELIMINATE CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-072, -11, -16, -17 AND -35. MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 04-127. Motion carried 4-0-1 (Kurth absent). Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 722. ORDINANCE NO. 722 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2001-00534, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, ELIMINATING THE EXTENSION OF CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKWAY BY AMENDING SECTION 17.30.080, FIGURE 17.30.080-H OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 722 for May 5, 2003. Motion carried 4-0-0 (Kurth absent). Il H. PUBLIC HEARINGS Il H1. CONSIDERATION OF APPEAL OF USE DETERMINATION DRC 2004-00093 - STEVE KNECHT - An appeal of the Planning Commission's decision denying a request to determine that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District at 10158 Sun Valley- APN: 1074-081-12. Staff report presented by Dan Coleman, Principal Planner. City Council Minutes April 21, 2004 Page 6 Councilmember Williams stated she would like more of an explanation, as the Code is not clear. She asked if the Code should be cleaned up, as it is truly open for interpretation. Dan Coleman, Principal Planner, stated it is a complex code. He said there is a Use Table that lists the kinds of uses that are allowed in all the residential zones. However, there are additional regulations that apply and that is in a subsequent section, a few pages later in the Development Code, which states prior to residential development, agriculture uses are allowed, such as dog kennels, on lots of 2.5 acres or more. Councilmember Williams asked what is the square footage of the property. Dan Coleman, Prinicpal Planner, stated it is a little over one acre, maybe 44,000 to 45,000 square feet. Councilmember Williams stated that you could have one horse on 10,000 square feet of property. Dan Coleman, Principal Planner, stated you must have at least ¼ acre to have any horses, and it is 10,000 square feet per horse. Mayor Alexander opened the meting for public hearing. Addressing the City Council were: Joan Knecht, wife of Appellant Steve Knecht, resides at 10158 Sun Valley Drive, stated they are appealing the ruling of the Commission. She said the basis of the appeal is that they believe their dog breeding business qualifies as an animal care facility and should be considered for a conditional use permit in the wording set forth by the Municipal Code of Rancho Cucamonga. First, the definition of an animal care facility as stated in Section 17.02.140, is "a use providing grooming, housing, medical care or other services to animals including vetinerary services, animal hospitals over night or short-term boarding, ancillary to vetinerary care, indoor or outdoor kennels, grooming or similar services." She said further in the glossary section a kennel is defined as "any lot or premises on which five or more dogs over four months old are kept for commercial boarding, breeding and training." She said she and her husband been involved in the care and breeding of golden retrievers for approximately twenty years and the dogs are kept in outdoor kennel runs and are contained by chain link fencing on all four sides as well as the top and bottom. She said the dogs are show dogs that are groomed and trained regularly. She said the dogs and puppies and provided with scheduled vaccinations. Second, according to Section 17.08.020, their residence falls under the category of "very Iow residential district." She said it is not zoned agriculture; it is zoned as an area for very iow-density single-family residential use with a minimum lot size of 20,000 square feet and a maximum residential density of up to two units per gross acre. She said the property is 1.2 acres or more than 50,000 square feet, and according to Table 17.08.03 in the Use Regulation Section, "an animal care facility in a very Iow residential district shall be a conditional use subject to a conditional use permit." She said although a kennel is not specifically listed in this residential use regulation table, as previously stated, a kennel without outdoor runs by City's definition can be part of an animal care facility. Therefore, they feel their breeding establishment should be considered through a conditional use permit. She said their property backs up to the San Bernardino Mountains and has no neighbors behind them. The remoteness of the property is illustrated in Exhibit "G." She said the closest neighbor is at least 200 feet away from the location of the dogs. She further explained that the violation filed on December 17, 2003, (page 15) was for the number of dogs--not against any specific complaint about any of the dogs. She said because of the high quality of the dogs, as well as their love for each and every one of them, they are extremely conscientious about the cleanliness of the facility. She said the Planning Commission had been provided with letters from the neighbors to the east and west advising that they have absolutely no complaint of any kind. She said they believe this activity should be allowable for a conditional use permit pursuant to the plain meaning of Municipal Code of Rancho Cucamonga, Section 17.02.140. Councilmember Gutierrez asked how many dogs they have at one time that are permanent residents. City Council Minutes April 21,2004 Page 7 Mrs. Knecht answered they have maintenance of five runs with two dogs in each run, simply because they are extremely social animals and do not like to be by themselves. Councilmember Gutierrez stated that in looking at the pictures, they are at the northeast corner of Hermosa and Alpine Meadows. Mrs. Knecht stated they are right on the City line, at the very end of Hermosa to the east of Sun Valley. Councilmember Gutierrez asked who initiated the complaint. Mrs. Knecht answered that it was an unknown, and that they complained to the County--not the City. She said it appeared to come shortly after the fires. Councilmember Gutierrez said the area is pretty remote. Councilmember Howdyshell asked why they don't have a business license. Mrs. Knecht said they just never got one, but would be happy to do whatever the City feels is necessary. Councilmember Howdyshell also asked why the dogs were not licensed. Mrs. Knecht said they haven't gotten around to that, but would do whatever the City wants. Mayor Alexander said if this were a neighborhood issue where there were many complaints, it would probably be an easy decision, because the number of dogs normally allowed in a residential neighborhood has been exceeded. He said he has a problem with it. He asked the City Attorney if the Council would be setting a standard. City Attorney Markman said the only thing the Council can decide is to have the appellant apply for a Conditional User Permit if it is found this is the kind of use that is allowed in that zone. They would have to go through that whole process, with conditions, etc. He said, "Yes," everybody who owns a house of this size in this zone hereafter has the same opportunity to ask the Planning Commission and City Council for a CUP (Conditional Use Permit) to have a kennel. He said what you are really being asked to do is resolve a use determination, so you are interpreting your own statute, the animal care facility definition, to be specific. If you believe that that definition allows for "stand alone" kennels, as distinguished from kennels that are part of an animal hospital or shelter, that's what you will determine; and once that determination has been made, that use determination is allowed to be used by everybody else in Rancho Cucamonga with a CUP. Councilmember Williams stated that a CUP by its very nature is site specific. City Attorney Markman stated that the Council also has the opportunity to direct staff to change this code. He said in reading this definition, it's an amalgamation of things that might or might not be included in an animal hospital or shelter and there is a separate definition for "stand alone" kennels that are put in another zone. He said he thinks the best thing to do is to direct staff to clean this up ]er the Council's intent rather than perhaps torturing this definition. Councilmember Williams said she agrees. She does not think anybody wants an animal hospital with outdoor kennels there. They would have to get a CUP. She said she has seen other areas where there are horses so crowded that they can hardly walk across the yard, which she feels is inappropriate. City Council Minutes April 21, 2004 Page 8 MOTION: Moved by Alexander that the item be defrayed until there has been an opportunity to get more details and find out the effect that it might have, if we don't deny it, on the remainder of the community, or if we do deny it, the impact that we could have on what might be an ambiguous code section that we have an obligation to clean up. MOTION NOT SECONDED. Councilmember Williams said she would like more discussion before a motion. Councilmember Gutierrez said it's like a motel, as the dogs come and go. He said he is flexible and feels they should find a way to let them run their business, and if the neighbors agree, that the City should find a way to make it work. He said this is a special case as they are obeying the law, except for the licensing. He said it's a good thing what they are doing, and we should find a way to let them continue without being afraid that they are going to lose their livelihood and their hobby. He said the ordinance, however, should be cleaned up. Councilmember Williams said she doesn't have a problem if other people come forward and ask for a CUP, because the situation would be specific to that site. She said she went to this area with her dog and walked around the loop. She said they (the appellant) could not have stayed in the City and found a more remote place. She said one of the other neighbors has four dogs that were throwing their bodies up against the fence, as her dog excited them. She said they were noisy, angry and upset. She said if there were complaints about barking, it would probably be against the neighbor's dogs. Mrs. Knecht said her husband is conscientious in training them not to bark. Councilmember Williams said she is perfectly willing to invite them to file for a CUP and become fully licensed. Mayor Alexander said that taking action tonight would be foolish, as that would be setting a precedent. Councilmember Williams said she would make the motion to uphold the appeal and that would open the door for them to apply for a CUP, then restrictions and conditions could be placed. Brad Buller, City Planner, stated that in the direction Councilmember Williams was heading, the appeal would be upheld, which would then establish the fact that the use requested by the applicant is subject to a conditional use permit in the very Iow district; and that being the interpretation of the use determination, then the applicant would then proceed forward with the processing of the conditional use permit through the Planning Department. MOTION: Moved by Williams, seconded by Gutierrez to uphold the appeal, with the applicant to proceed forward with the processing of the conditional use permit through the Planning Department. Motion fails 2-2-1 (Howdyshell and Alexander voting against the motion; Kurth absent). Councilmember Howdyshell stated he was not prepared to vote for something in support of people who are in direction violation of the business licensing and animal licensing. He said before he would support them, they would need to get in compliance with some of the other rules they are violating. James Markman, City Attorney, stated a business license is revenue raising--not regulatory. The appellant should get a business license and get the dogs licensed, and that is all that can be done until the application of the CUP. Mayor Alexander stated he would not in vote in favor of it, because we are currently struggling with the whole issue of the proliferation of animals. He said once we set a precedent it is very difficult to say one can and one can't, regardless of the fact that they have to go through a CUP. A CUP is a conditional use permit and they have to be based on something. They have to be based on some type of a precedent set. He said he suggests everybody read very carefully what the Planning Commission struggled with before this is acted upon. City Council Minutes April 21,2004 Page 9 MOTION: Moved by Gutierrez, seconded by Williams to table action on the use determination upon applicant providing proof of a business license and licensing of all dogs. Motion carried 3-1-1 (Alexander voting against the motion; Kurth absent). RESOLUTION NO. 04-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF II I. CITY MANAGER'S STAFF REPORTS No items submitted. II J. COUNCIL BUSINESS [ 31. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J2. ANIMAL SHELTER AD HOC SUBCOMMITTEE UPDATE Staff report presented by Michelle Dawson, Management Analyst III. She said the Animal Shelter AdHoc Subcommittee's recommendation is to approve the use of $2,000 in City funds to establish the foster care program. Mayor Alexander asked what funds will be used. Michelle Dawson, Management Analyst III, stated that the City has contingency funds in the existing animal shelter budget for the current fiscal year (contract services). She said we would like to get the program established as soon as possible and it is unknown if these funds will be available next fiscal year, given the budget constraints. She said the H.O.P.E. Organization understands that this is a one- time set-aside of funds and the expectation is that with volunteers and fundraising efforts in our community, this will be a self-funded program. Councilmember Williams asked if Michelle could explain how the foster care program works. Michelle Dawson, Management Analyst III, said in a perfect world, the foster volunteer would foster a mother cat and kittens at their own home and care for them until they are able to be adopted. She said the H.O.P.E. Organization is proactive in interviewing potential foster volunteers and providing home City Council Minutes April 21,2004 Page 10 visitation. She said the agreement with H.O.P.E. is that the kittens that have been fostered out would not be euthanized at the shelter, that those animals would be cared for and kept until they are adopted. Councilmember Howdyshell said we are allocating some very precious money at this time to try to set the example to get people to control their animals, and we are trying to work with veterinaries in the area to make it very affordable so that cost is not an issue. He said then we can try to control our population and we can get to our objective of a "no-kill" shelter some day in the future. Mayor Alexander asked if this means if we have an agreement at the shelter that if they are unsuccessful in being able to adopt them that we will keep those animals indefinitely, even if they never get adopted. Michelle Dawson, Management Analyst Ill, answered essentially that is true. She said the shelter staff says that kittens are very adoptable; however, the older cats are more difficult to find homes for. Councilmember Gutierrez said he admires the work that the County has done and that they complied when we said we did not want to kill on demand. We are not going to participate in taking someone's money so they can get rid of an animal. The County has helped a lot to try and implement these ideas. He said H.O.P.E. is very active in Upland, and he feels from the numbers that they have done a very good job in keeping the number of animals put down to a minimum and they have a great record in adopting out animals. He said they have a lot of donors and they would like to help us set up a foster care program and to search for volunteers. He asked that anyone interested in becoming a foster parent call Michelle Dawson @ 477-2700 or Councilman Gutierrez. He said whatever way we can find, whatever idea that is worth investigating, we will look into it to make the quality of life good, not only for the people who live here, but also for the animals. Nicole Myerchin said that our Council has done a really nice thing for the animals; our County has been taking $25 to let an owner bring in a healthy animal to put it down. She said subcommittee members Gutierrez and Howdyshell have requested that this stop in the City of Rancho Cucamonga. She said the County has agreed to comply with their request in our shelter, but unfortunately they will not do it in the other two shelters. She said the foster care program works wonderfully in Upland. She would like the Council to consider an alternate proposal. It has been brought to the Council in the past that this is not feasible. She would like the City Council not to renew the contract with the County for running the Animal Shelter. She discussed the cost analysis. She said Upland is running their own contract (not with the County) for a reason; there are a lot of ways out there to save money; they are also doing a better job; their kill rate is a lot lower in actual numbers, and that is because they have a very proactive, very visionary group, and that is H.O.P.E. Not only do they have the foster care program (not only for kittens, but also for puppies and older dogs), but they also microchip. In addition to microchip, they also list on "pet finder." They are open to a lot of things, and they have requested a meeting with our subcommittee, so we can go over the proposal. We hope that the Council will not renew the County contract, as the savings would be over $43,000 to the City. She said H.O.P.E. as a non-profit organization has the ability to raise funds and they are currently helping the City of Upland raise funds to build a new shelter. They are very interested in a partnership and showing how they can help the City of Rancho Cucamonga. Dave Dykstra, with respect to the H.O.P.E. organization, stated that on May 22 at Upland Memorial Park there would be a pet adoption fair. He reminded all that they need volunteers. MOTION: Moved by Howdyshell, seconded by Williams, to approve funds to establish a foster care program. Motion carried 4-0-1 (Kurth absent). City Council Minutes April 21, 2004 Page 11 J3. DECISION ON THE REQUEST OF DOUGLAS E. BARNHART, INC., TO SUBSTITUTE COAST ROOF CO. FOR ZSOLT KISS, INC., DBA GOLDEN STATE ROOFING, ON THE CENTRAL PARK SENIOR/COMMUNITY CENTER PROJECT Staff report presented by James Markman, City Attorney. RESOLUTION NO. 04-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS, DENYING OBJECTIONS, AND APPROVING THE REQUEST OF DOUGLAS E. BARNHART, INC., TO SUBSTITUTE COAST ROOF CO. FOR ZSOLT KISS, INC., DBA GOLDEN STATE ROOFING, ON THE CENTRAL PARK SENIOR/COMMUNITY CENTER PROJECT MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution No. 04-129. Motion carried 4-0-1 (Kurth absent). Il K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I No items were identified for the next meeting. II L. PUBLIC COMMUNICATIONS I No communication was made from the public. M. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried 4-0-1 (Kurth absent). The meeting adjourned at 9:07 p.m. Respectfully submitted, Kathryn L. Scott, CMC Deputy City Clerk Approved: *** CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210089 5/12/2004 A AND R TIRE SERVICE 5,089.75 AP - 00210090 5/12/2004 AA EQUIPMENT RENTALS CO INC 251.08 AP - 00210090 5/12/2004 AA EQUIPMENT RENTALS CO INC 163.61 AP - 00210091 5/12/2004 AA EQUIPMENT 193.03 AP - 00210091 5/12/2004 AA EQUIPMENT 682.45 AP - 00210091 5/12/2004 AA EQUIPMENT 475.13 AP - 00210091 5/12/2004 AA EQUIPMENT 78.55 AP - 00210091 5/12/2004 AA EQUIPMENT 177.30 AP- 00210091 5/12/2004 AA EQUIPMENT 280.15 AP- 00210092 5/12/2004 ABLAC 16.39 AP - 00210093 5/12/2004 ADAMSON, RONALD 924.00 AP - 00210094 5/12/2004 AEF SYSTEMS CONSULTING INC 175.00 AP- 00210096 5/12/2004 ALPHAGRAPHICS 53.34 AP - 00210097 5/12/2004 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00210099 5/12/2004 ASTRUM UTILITY SERVICES 8,365.00 AP- 00210100 5/12/2004 AUTORESTORATORS INC 597.00 AP - 00210101 5/12/2004 B AND K ELECTRIC WHOLESALE 148.05 AP - 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00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 49.11 AP- 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 131.89 AP- 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 60.33 User: AHAWORTH - Ann Haworth Page: 1 Current Date: 05/25/20C Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time:$ 11:13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 145.90 AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 71.53 AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 39.10 AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 307.03 AP- 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 30.13 AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 96.18 AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 36.80 AP - 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 277.87 AP- 00210130 5/12/2004 CUCAMONGA VALLEY WATER DISTRICT 217.74 AP - 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00210200 5/12/2004 JUAREZ, GUS R 90.00 AP - 00210201 5/12/2004 KC PRINTING & GRAPHICS INC 490.15 AP - 00210202 5/12/2004 KEITH COMPANIES, THE 5,991.63 AP - 00210203 5/12/2004 KING, CHRIS 65.00 AP- 00210205 5/12/2004 KSPA AM 2,154.28 AP - 00210207 5/12/2004 LEIFIqzR, LUKAS 344.25 AP- 00210208 5/12/2004 LETS STOR IT 55.00 AP- 00210210 5/12/2004 LIL STITCH 47.41 AP- 00210210 5/12/2004 LIL STITCH 752.63 AP- 00210212 5/12/2004 LOPEZ, ROBERT 60.00 AP - 00210215 5/12/2004 MARTIN AND CHAPMAN CO 17.93 AP- 00210217 5/12/2004 MIDWEST TAPE 55.97 AP- 00210217 5/12/2004 MIDWEST TAPE 144.93 AP- 00210218 5/12/2004 MOORE, DAVE I 40.00 AP- 00210219 5/12/2004 MOUSER, CYNTHIA 32.31 AP- 00210220 5/12/2004 MR ROOTER PLUMBING 1,000.00 AP- 00210221 5/12/2004 NATIONAL DEFERRED 12,283.08 AP- 00210223 5/12/2004 NATIONS RENT 442.16 AP - 00210224 5/12/2004 NESTOR TRAFFIC SYSTEMS 33,840.00 AP - 00210224 5/12/2004 NESTOR TRAFFIC SYSTEMS 33,840.00 AP - 00210225 5/12/2004 NEWPORT PRINTING SYSTEMS 49.28 AP - 00210226 5/12/2004 NIKPOUR, MOHAMMED 70.00 User: AHAWORTH - 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00210231 5/12/2004 PACIFIC EQUIP AND IRRIGATION 1NC 133.67 AP - 00210231 5/12/2004 PACIFIC EQUIP AND IRRIGATION INC 89.06 AP - 00210232 5/12/2004 PACIFIC LIGHTING SALES INC 4,997.67 AP - 00210233 5/12/2004 PAPER OPTIONS INC 886.79 AP - 00210236 5/12/2004 PEREZ, HECTOR 100.00 AP - 00210237 5/12/2004 PERRY, MARK A 65.00 AP - 00210238 5/12/2004 PETES ROAD SERVICE INC 205.70 AP - 00210238 5/12d2004 PETES ROAD SERVICE INC 102.00 AP - 00210238 5/12/2004 PETES ROAD SERVICE INC 750.75 AP - 00210238 5/12/2004 PETES ROAD SERVICE INC 30.00 AP - 00210239 5/12/2004 PHOENIX GROUP INFORMATION SYSTEMS 555.88 AP - 00210239 5/12/2004 PHOENIX GROUP INFORMATION SYSTEMS 3.39 AP - 00210240 5/12/2004 PHOTOGRAPHY BY KENNETH 37.50 AP - 00210240 5/12/2004 PHOTOGRAPHY BY KENNETH 25.00 AP - 00210241 5/12/2004 PIZZOLA, PETE 65.00 AP - 00210243 5/I2/2004 PRE-PAID LEGAL SERVICES INC 6.81 AP - 00210245 5/12/2004 PROJECT SISTER 2,653.49 AP - 00210247 5/12/2004 PYRO SPECTACULARS INC 9,250.00 AP- 00210248 5/12/2004 R AND R AUTOMOTIVE 241.31 AP - 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00210271 5/1212004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.04 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.17 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.57 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 76.81 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 53.52 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 19.69 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 89.97 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 104.91 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.17 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 28.26 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 229.95 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDIS ON 18.16 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 28.18 AP - 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00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 59.30 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.26 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 24.17 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 37.58 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12,896.64 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 48.39 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 178.97 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.02 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 120.84 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.28 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 201.16 AP ~ 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.15 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210271 5/12/2004 SOUTHERN CALIFOILNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 31.61 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 69.67 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 79.84 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 151.04 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDIS ON 104.21 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 23.38 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 46.30 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 150.35 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 142.07 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 16.63 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.57 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 54.00 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDIS ON 13.33 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDIS ON 13.17 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 77.20 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 2,674.25 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 34.80 User: AHAWORTH - Ann Haworth Page: 7 Current Date: 05/25/2012 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ..,, 11:13:1 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 16.19 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 29.48 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 37.34 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 138.00 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 39.83 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.59 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 119.08 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.40 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.82 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 118.62 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 57.52 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 23.17 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 13.76 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 114.83 AP- 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.57 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 68.28 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 55.65 AP - 0021~)271 5/12/2004 SOUTHERN CALIFORNIA EDISON 111.27 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.57 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 2,268.12 AP - 00210271 5/12/2004 SOUTHERN CALIFORNIA EDISON 809.71 AP - 00210272 5/12/2004 SOUTHLAND SPORTS OFFICIALS 394.25 AP - 00210273 5/12/2004 SPECTRA CONTRACT FLOORING SERVICES 10,555.00 AP- 00210274 5/12/2004 SPEEDOELECTRIC CO 661.71 AP - 00210275 5/12/2004 SPORT CHALET TEAM DIVISION 2,324.98 AP - 00210276 5/12/2004 SR BRAY CORP 250.00 AP - 00210277 5/12/2004 STANIONIS, TARA 75.00 AP - 00210278 5/12/2004 STEINY AND COMPANY INC 54,827.51 AP - 00210278 5/12/2004 STEINY AND COMPANY INC 6,150.11 AP - 00210278 5/12/2004 STEINY AND COMPANY 1NC -5,482.75 AP - 00210278 5/12/2004 STEINY AND COMPANY INC 6,150.11 AP - 00210278 5/12/2004 STEINY AND COIVIPANY INC -615.01 AP - 00210278 5/12/2004 STEINY AND COMPANY INC -615.01 AP- 00210279 5/12/2004 STERICYCLE 1NC 201.50 AP - 00210280 5/12/2004 STERLING COI~YEE SERVICE 324.14 AP - 00210280 5/12/2004 STERLING COI~YEE SERVICE 44.79 AP - 00210280 5/12/2004 STERLING COIq~I~E SERVICE 45.75 AP-00210281 5/12/2004 STETKEVICH, OREST 40.00 AP - 00210282 5/12/2004 TADEMA INC, CHARLIE 1,592.98 AP - 00210283 5/12/2004 TEMP POWER SYSTEMS 90.00 AP- 00210283 5/12/2004 TEMP POWER SYSTEMS 110.00 AP - 00210283 5/12/2004 TEMP POWER SYSTEMS 120.00 AP - 00210286 5/12/2004 THOMAS, KIMBERLY 23.00 AP- 00210286 5/12/2004 THOMAS, K1MBERLY 21.75 AP - 00210287 5/12/2004 TRUGREEN LANDCARE 1,i00.00 User: AHAWORTH - Ann Haworth Page: 8 Current Date: 05/25/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time¥,a~ 11:13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amoun~ AP - 00210287 5/12/2004 TRUGREEN LANDCARE 1,970.00 AP - 00210287 5/12/2004 TRUGREEN LANDCARE 1,500.00 AP - 00210287 5/12/2004 TRUGREEN LANDCARE 13,560.00 AP - 00210287 5/12/2004 TRUGREEN LANDCARE 4,338.00 AP - 00210288 5/12/2004 TUNNICLIFF, JAN 50.00 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 32.57 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 35.47 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 23.57 AP - 00210289 5/12/2004 UNIIqI<ST UNIFORM SERVICE 104.97 AP - 00210289 5/12/2004 UNIIqRST UNIFORM SERVICE 834.01 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 40.27 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 627.03 AP - 00210289 5/12/2004 UNIIqRST UNIFORM SERVICE 167.78 AP - 00210289 5/12/2004 UNLFIRST UNIFORM SERVICE 23.94 AP - 00210289 5/12/2004 UNIIqRST UNIFORM SERVICE 37.07 AP - 00210289 5/12/2004 UN/FIRST UNIFORM SERVICE 44.73 AP - 00210289 5/12/2004 UNIIqRST UNIFORM SERVICE 105.47 AP - 00210289 5/12/2004 UN/FIRST UNIFORM SERVICE 44.73 AP - 00210289 5/12/2004 UNIVIRST UNIFORM SERVICE 26.54 AP - 00210289 5/12/2004 UNII~'IRST UNIFORM SERVICE 37.07 AP- 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 538.57 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 507.42 AP - 00210289 5/12/2004 UN/FIRST UNIFORM SERVICE 27.27 AP - 00210289 5/12/2004 UNIFIRST UNIFORM SERVICE 54.55 AP - 00210289 5/12/2004 UN/FIRST UNIFORM SERVICE 113.42 AP - 00210291 5/12/2004 UNION BANK OF CALIFORNIA TRUSTEE FOR P~ 2,612.08 AP - 00210291 5/12/2004 UNION BANK OF CALIFORNIA TRUSTEE FOR P~ 22,202.65 AP - 00210292 5/12/2004 UNITED TRAFFIC 702.75 AP - 00210293 5/12/2004 UNITED WAY 49.00 AP - 00210294 5/12/2004 UPS 24.87 AP- 00210294 5/12/2004 UPS 32.45 AP- 00210294 5/12/2004 UPS 23.13 AP - 00210296 5/12/2004 US HOMES INLAND DIVISION 166.50 AP - 00210297 5/12/2004 VALLEY CREST TREE COMPANY 40.00 AP - 00210297 5/12/2004 VALLEY CREST TREE COMPANY 800.00 AP - 00210300 5/12/2004 VERIZON CALIFORNIA INC 6,621.95 AP - 00210302 5/12/2004 VERIZON 58.64 AP- 00210302 5/12/2004 VERIZON 20.41 AP - 00210302 5/12/2004 VERIZON 27.91 AP - 00210302 5/12/2004 VERIZON 20.66 AP- 00210302 5/12/2004 VERIZON 28.88 AP- 00210302 5/12/2004 VERIZON 20.41 AP- 00210302 5/12/2004 VERIZON 20.41 AP- 00210302 5/12/2004 VERIZON 31.83 AP- 00210302 5/12/2004 VERIZON 20.41 AP- 00210302 5/12/2004 VERIZON 28.01 AP- 00210302 5/12/2004 VERIZON 28.88 AP- 00210302 5/12/2004 VERIZON 20.41 AP- 00210302 5/12/2004 VERIZON 20.41 AP - 00210302 5/12/2004 VERIZON 30.91 AP- 00210302 5/12/2004 VERIZON 27.91 AP- 00210302 5/12/2004 VERIZON 34.15 AP- 00210303 5/12/2004 VERIZON 127.50 User: AHAWORTH - Ann Haworth Page: 9 Current Date: 05/25/2012 Report:CK_AGENDA_REG_PORTRAIT_RC -CK: Agenda Check Register Portrait Layout Time:/~ 11:13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210304 5/12/2004 VIGILANCE, TERRENCE 357.00 AP - 00210305 5/12/2004 WAXIE SANITARY SUPPLY 141.80 AP - 00210305 5/12/2004 WAXIE SANITARY SUPPLY 136.21 AP - 00210305 5/I2/2004 WAXIE SANITARY SUPPLY 35.40 AP - 00210305 5/12/2004 WAXIE SANITARY SUPPLY 81.47 AP - 00210306 5/12/2004 WIESER EDUCATIONAL 94.08 AP- 00210307 5/12/2004 WILSON AND BELL 236.81 AP- 00210307 5/12/2004 WILSON AND BELL 218.95 AP- 00210309 5/12/2004 XEROX CORPORATION 33.92 AP - 00210310 5/12/2004 YEE, LARRY 75.00 AP- 00210311 5/12/2004 YORK INDUSTRIES 488.58 AP- 00210311 5/12/2004 YORK INDUSTRIES 274.12 AP - 00210312 5/12/2004 ZEV XCHANGE LCC 1,276.00 AP - 00210313 5/12/2004 ZWISSLER, JAMES 60.00 AP- 00210314 5/12/2004 OLIVAS, GLORIA ANN 100.00 AP - 00210315 5/13/2004 SAN BERNARDINO COUNTY 25.00 AP-00210316 5/13/2004 US POSTMASTER 7,500.00 AP- 00210318 5/17/2004 NOBLE COMPANY, R J 71,968.49 AP- 00210318 5/17/2004 NOBLE COMPANY, R J 35,260.01 AP - 00210319 5/19/2004 AA EQUIPMENT 33.09 AP - 00210320 5/19/2004 ABC LOCKSMITHS 232.72 AP - 00210320 5/19/2004 ABC LOCKSMITHS 64.22 AP-00210320 5/19/2004 ABC LOCKSMITHS 18.86 AP-00210320 5/19/2004 ABC LOCKSMITHS 133.27 AP-00210320 5/19/2004 ABC LOCKSMITHS 99.00 AP- 00210320 5/19/2004 ABC LOCKSMITHS 81.20 AP- 00210320 5/19/2004 ABC LOCKSMITHS 112.05 AP-00210320 5/19/2004 ABC LOCKSMITHS 239.00 AP-00210320 5/19/2004 ABC LOCKSMITHS 1,369.02 AP-00210320 5/19/2004 ABC LOCKSMITHS 330.14 AP-00210321 5/19/2004 ABLAC 281.36 AP - 00210322 5/19/2004 ADAMSON, RONALD 1,287.00 AP - 00210325 5/19/2004 ALLEN, SYLVESTER R 227.40 AP - 00210326 511912004 ALPERT PRINTING 2,057.03 AP - 00210327 5/19/2004 AMAZON.COM CREDIT 468.97 AP - 00210330 5/19/2004 AMETHYST ESTATES LLC 1,000.00 AP - 00210331 5/19/2004 APHRC42 LLC 500.00 AP - 00210332 5/19/2004 ARCHIBALD PET HOSPITAL 50.00 AP - 00210332 5/19/2004 ARCHIBALD PET HOSPITAL 50.00 AP- 00210333 5/19/2004 ARROWHEAD CREDIT UNION 615.25 AP - 00210333 5/19/2004 ARROWHEAD CREDIT UNION 828.39 AP - 00210333 5/19/2004 ARROWHEAD CREDIT UNION 51.45 AP- 00210333 5/19/2004 ARROWHEAD CREDIT UNION 814.80 AP - 00210333 5/19/2004 ARROWHEAD CREDIT UNION 61.96 AP- 00210334 5/19/2004 ASSI SECURITY 290.00 AP- 00210334 5/19/2004 ASSI SECURITY 1,947.50 AP- 00210335 5/19/2004 ASSOCIATED ENGINEERS 20,530.00 AP- 00210336 5/19/2004 ASSOCIATED GROUP 1,362.50 AP- 00210336 5/19/2004 ASSOCIATED GROUP 60.00 AP - 00210337 5/19/2004 ASTRUM UTILITY SERVICES 8,365.00 AP - 00210338 5/19/2004 AUDIO EDITIONS 17.16 AP - 00210339 5/19/2004 AUFBAU CORPORATION 11,840.00 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 109.88 User: AHAWORTH - Ann Haworth Page: 10 Current Date: 05/25/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:13:1 /0 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 700.00 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 226.28 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 279.07 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 26.40 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 60.70 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 1,095.27 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 114.97 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 349.21 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 43.24 AP - 00210340 5/19/2004 B AND K ELECTRIC WHOLESALE 140.45 AP- 00210341 5/19/2004 BABER, TAYYABA 50.00 AP- 00210342 5/19/2004 BAKER, SHARI 600.00 AP - 00210343 5/19/2004 .BARNItART INC 786,453.59 AP - 00210343 5/19/2004 BARNHART INC -85,091.23 AP - 00210343 5/19/2004 BARNItART INC -71,495.78 AP - 00210343 5/19/2004 BARNHART INC 936,003.51 AP - 00210345 5/19/2004 BOCTOR, ALFRED 30.00 AP - 00210346 5/19/2004 BOOKS ON TAPE INC 12.93 AP - 00210347 5/19/2004 BRANDMAN ASSOCIATES INC, MICHAEL 9,981.73 AP - 00210348 5/19/2004 BRODART BOOKS 9.37 AP - 00210348 5/19/2004 BRODART BOOKS 14.07 AP - 00210349 5/19/2004 BROWER, DENISE 264.00 AP - 00210350 5/19/2004 BROWNE, PAMELA 39.50 AP- 00210350 5/19/2004 BROWNE, PAMELA 10.50 AP - 00210351 5/19/2004 BUBALO CONSTRUCTION CO,STEVE 330,409.42 AP- 00210351 5/19/2004 BIJBALO CONSTRUCTION CO,STEVE -471.38 AP- 00210351 5/19/2004 BIJBALO CONSTRUCTION CO,STEVE 283,022.90 AP- 00210351 5/19/2004 BUBALO CONSTRUCTION CO,STEVE -28,302.29 AP- 00210351 5/19/2004 BUBALO CONSTRUCTION CO,STEVE -895.04 AP- 00210351 5/19/2004 BUBALO CONSTRUCTION CO,STEVE 8,950.40 AP- 00210351 5/19/2004 BUBALO CONSTRUCTION CO,STEVE 4,713.74 AP- 00210351 5/19/2004 BUBALO CONSTRUCTION CO,STEVE -33,040.94 AP - 00210352 5/19/2004 BUCKNAM AND ASSOCIATES 1,602.33 AP - 00210353 5/19/2004 BUTLER, EMANUEL 250.00 AP - 00210354 5/19/2004 C W CONSTRUCTION INC 10,950.00 AP - 00210355 5/19/2004 CAL PERS LONG TERM CARE 354.45 AP - 00210356 5/19/2004 CALIFORNIA CODE CHECK INC. 11,200.00 AP - 00210356 5/19/2004 CALIFORNIA CODE CH]ECK INC. 2,840.00 AP - 00210356 5/19/2004 CALIFORNIA CODE CHECK INC. 7,800.00 AP - 00210357 5/19/2004 CALIFORNIA ELECTRONIC ENTRY 145.00 AP - 00210358 5/19/2004 CALIFORNIA, STATE OF 25.00 AP - 00210358 5/19/2004 CALIFORNIA, STATE OF 22.50 AP - 00210359 5/19/2004 CALIFORNIA, STATE OF 111.00 AP - 00210360 5/19/2004 CARTER, CYNTHIA 100.00 AP- 00210361 5/19/2004 CHARTER MEDIA 1,826.00 AP- 00210362 5/19/2004 CLARK, DEBORAH 58.68 AP- 00210364 5/19/2004 CLOUT 80.00 AP - 00210365 5/19/2004 CNOA C/O SAN BERNARDINO COUNTY SHERRI 495.00 AP- 00210366 5/19/2004 COLE, NINA 8.67 AP - 00210368 5/19/2004 COMMERCIAL TRANSPORATION SERVICES 2,000.00 AP - 00210369 5/19/2004 COMMUNITY BAPTIST CHURCH 250.00 AP - 00210370 5/19/2004 CONCENTRA MEDICAL CENTERS 59.29 AP - 00210370 5/19/2004 CONCENTRA MEDICAL CENTERS 92.00 User: AHAWORTH - Ann Haworth Page: 11 Current Date: 05/25/20f~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:/[ 11:13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Cheek No. Check Date Vendor Name Amount AP - 00210370 5/19/2004 CONCENTRA MEDICAL CENTERS 73.00 AP - 00210370 5/19/2004 CONCENTRA MEDICAL CENTERS 25.00 AP - 00210371 5/19/2004 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 187.27 AP - 00210373 5/19/2004 COORG CORPORATION 1,000.00 AP - 00210374 5/19/2004 COST RECOVERY SYSTEMS INC 9,250.00 AP - 00210375 5/19/2004 COUNTRY ESTATE FENCE CO INC 3,793.10 AP - 00210376 5/19/2004 COURT TRUSTEE 118.50 AP - 00210376 5/19/2004 COURT TRUSTEE 200.00 AP- 00210377 5/19/2004 COX, JACQUIE 36.38 AP - 00210378 5/19/2004 CREATIVE BUILDING CONCEPT 1,000.00 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 75.22 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 87.75 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,029.29 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 600.70 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 844.15 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 703.53 AP - 00210380 5119/2004 CUCAMONGA VALLEY WATER DISTRICT 959.64 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 349.27 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,792.93 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 160.16 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,216.88 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,399.65 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 680.97 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 78.70 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 66.27 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 903.72 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 548.61 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 112.51 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 533.92 AP ~ 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 853.75 AP- 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 515.84 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 33.49 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 440.48 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 48.19 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 389.46 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 992.35 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 455.77 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 759.64 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 221.93 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,280.05 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 497.06 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,151.44 AP- 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,142.41 AP- 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 528.65 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 24.58 AP ~ 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 1,173.14 AP- 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 22.33 AP - 00210380 5/19/2004 CUCAMONGA VALLEY WATER DISTRICT 411.32 AP- 00210381 5/19/2004 CYBERCOMRESOURCES INC 5,355.00 AP- 00210381 5/19/2004 CYBERCOMRESOURCES INC 70.00 AP- 00210382 5/19/2004 D 3 EQUIPMENT 56.17 AP- 00210383 5/19/2004 D 7 CONSULTING INC 1,450.00 AP - 00210384 5/19/2004 D AND K CONCRETE COMPANY 301.17 User: AHAWORTH - Ann Haworth Page: 12 Current Date: 05/25/20C Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:.__l 1:13:1 / Z CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210384 5/19/2004 D AND K CONCRETE COMPANY 922.87 AP - 00210385 5/19/2004 DAN GUERRA AND ASSOCIATES 1,633.75 AP - 00210385 5/19/2004 DAN GUERRA AND ASSOCIATES 26,717.50 AP- 00210386 5/19/2004 DE MACI, LOLA 50.00 AP - 00210387 5/I9/2004 DIAMOND FENCE CO 2,550.00 AP- 00210388 5/19/2004 DIETERICH POST COMPANY 175.91 AP - 00210389 5/19/2004 DRAIN PATROL 1,000.00 AP - 00210390 5/19/2004 DUNN EDWARDS CORPORATION 397.12 AP - 00210390 5/19/2004 DUNN EDWARDS CORPORATION 24.96 AP - 00210391 5/19/2004 EDWARDS, MICHAEL 16.00 AP - 00210392 5/19/2004 EMPIRE MOBILE HOME SERVICE 610.00 AP - 00210393 5/19/2004 EN POINTE TECHNOLOGIES 25.00 AP- 00210393 5/19/2004 ENPOINTE TECHNOLOGIES 178.88 AP - 00210394 5/19/2004 ENGLYNG, SHANNON 34.00 AP- 00210394 5/19/2004 ENGLYNG, SHANNON 17.00 AP - 00210395 5/19/2004 ESPINO'S COP SHOP INC 483.54 AP- 00210396 5/19/2004 ESRI INC 18,115.16 AP - 00210397 5/19/2004 EWLNG, THOMAS E 60.00 AP - 00210398 5/19/2004 EZ RENTALS 137.00 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 15.48 AP ~ 00210399 5/19/2004 FEDERAL EXPRESS CORP 16.89 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 18.14 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 19.78 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 22.45 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 16.96 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 14.92 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 22.29 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 19.48 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 19.78 AP - 00210399 5/19/2004 FEDERAL EXPRESS CORP 20.79 AP - 00210400 5/19/2004 FINESSE PERSONNEL ASSOCIATES 486.00 AP - 00210400 5/19/2004 FINESSE PERSONNEL ASSOCIATES 886.32 AP - 00210401 5/19/2004 FITNESS REPAIR SHOP 840.36 AP - 00210401 5/19/2004 FITNESS REPAIR SHOP 379.54 AP- 00210402 5/19/2004 FLUORESCO LIGHTING 18t.50 AP - 00210404 5/19/2004 FRAWLEY, KEN 250.00 AP - 00210405 5/19/2004 FYDAQ COMPANY INC 1,000.00 AP- 00210406 5/19/2004 GAIL MATERIALS 2,178.38 AP - 00210407 5/19/2004 GALE GROUP,THE 54.14 AP - 00210407 5/19/2004 GALE GROUP,TIlE 175.05 AP - 00210408 5/19/2004 GARCIA, VIVIAN 37.74 AP- 00210408 5/19/2004 GARCIA, VIVIAN 25.50 AP - 00210409 5/19/2004 GARLAND, JAMIE 95.00 AP- 00210410 5/19/2004 GAUBA, DAV1D 150.00 AP - 00210412 5/19/2004 GENERATOR SERVICES CO 355.52 AP - 00210413 5/19/2004 GERSTENACKER, CARLOS 90.00 AP - 00210414 5/19/2004 HAAKER EQUIPMENT CO 390.68 AP - 00210414 5/19/2004 HAAKER EQUIPMENT CO 242.43 AP-00210415 5/19/2004 HAKIMI, SUSAN 147.81 AP - 00210416 5/19/2004 HALL, KAREN 24.00 AP - 00210417 5/19/2004 HARDY, BRADLEY 260.50 AP - 00210418 5/19/2004 HERNANDEZ, PATSY 107.50 AP- 00210419 5/19/2004 HERTZ EQUIP RENTAL 2,348.58 User: AHAWORTH - Ann Haworth Page: 13 Current Date: 05/25/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:, ~nll:l 3:1 ! CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 308.74 AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 15.40 AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 143.96 AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 348.94 AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 18.85 AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 44.99 AP - 00210420 5/19/2004 HOME DEPOT CREDIT SERVICES 55.77 AP - 00210421 5/19/2004 HOSE MAN INC 646.79 AP - 00210422 5/19/2004 HOYT LUMBER CO., SM 859.31 AP- 00210423 5/19/2004 HURST, CHERYL 288.50 AP - 00210424 5/19/2004 HUYNH, TRANG 50.00 AP - 00210425 5/19/2004 HYDROSCAPE PRODUCTS INC 1,033.75 AP- 00210426 5/19/2004 IBM CORPORATION 1,659.17 AP - 00210426 5/19/2004 IBM CORPORATION 387.00 AP- 00210427 5/19/2004 IEMA 42.00 AP - 00210428 5/19/2004 ILLUMINATING ENGINEERING SOCIETY 150.00 AP - 00210429 5/19/2004 INDUSTRIAL SUPPLY COMPANY 19.62 AP - 00210430 5/19/2004 INIGUEZ, CRISTAL 200.00 AP - 00210433 5/19/2004 INLAND LIBRARY SYSTEM 45.00 AP - 00210434 5/19/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00210434 5/19/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00210434 5/19/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00210434 5/19/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00210434 5/19/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00210436 5/19/2004 INTERSTATE BATTERIES 54.95 AP - 00210437 5/19/2004 INTRAVAIA ROCK AND SAND 370.93 AP - 00210438 5/19/2004 JACKSON HIRSH INC 200.45 AP- 00210439 5/19/2004 JANECEK, LINDA 12.90 AP - 00210440 5/19/2004 JOHNSON VADA 500.00 AP - 00210441 5/19/2004 KAWECK, MARIA 48.00 AP - 00210442 5/19/2004 KERREY CONSULTING, JULES 525.00 AP - 00210442 5/19/2004 KERREY CONSULTING, JULES 665.00 AP - 00210442 5/19/2004 KERREY CONSULTING, JULES 595.00 AP ~ 00210442 5/19/2004 KERREY CONSULTING, JULES 560.00 AP - 00210442 5/19/2004 KERREY CONSULTING, JULES 455.00 AP - 00210443 5/19/2004 KLEINFELDER INC 5,920.50 AP - 00210443 5/19/2004 KLEINFELDER INC 6,219.00 AP - 00210443 5/19/2004 KLEINFELDER INC 5,784.50 AP - 00210445 5/19/2004 KRAZAN AND ASSOCIATES INC 7,472.00 AP- 00210446 5/19/2004 L S A ASSOCIATES INC 725.00 AP - 00210447 5/19/2004 LAB SAFETY SUPPLY INC 128.95 AP - 00210448 511912004 LEIFFER, LUKAS 333.00 AP - 00210450 5/19/2004 L1LBURN CORPORATION 1,617.76 AP - 00210450 5/19/2004 LILBURN CORPORATION 2,663.75 AP - 00210451 5/19/2004 LOFTI ELECTRICAL 10.00 AP - 00210452 5/19/2004 LOS ANGELES FREIGHTLINER 77.47 AP - 00210453 5/19/2004 LOWE'S COMPANIES INC. 86.63 AP - 00210453 5/19/2004 LOWE'S COMPANIES INC. 46.83 AP - 00210453 5/19/2004 LOWE'S COMPANIES INC. 51.22 AP - 00210453 5/19/2004 LOWE'S COMPANIES INC. 7.54 AP- 00210453 5/19/2004 LOWE'S COMPANIES INC. 101.50 AP - 00210454 5/19/2004 LOWER, DARLENE 251.00 AP - 00210456 5/19/2004 MARSHALL PLUMBING 349.20 User: AHAWORTH - Ann Haworth Page: 14 Current Date: 05/25/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:, ,, 11:13:1 / q CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210456 5/19/2004 MARSHALL PLUMBING 109.00 AP - 00210456 5/19/2004 MARSHALL PLUMBING 125.00 AP- 00210456 5/19/2004 MARSHALL PLUMBING 261.79 AP - 00210457 5/19/2004 MARTINEZ UNION SERVICE 45.00 AP - 00210458 5/19/2004 MASSACHUSETTS DEPARTMENT OF REVENUE 36.29 AP - 00210459 5/19/2004 MASTERCRAFT 43,300.00 AP - 00210460 5/19/2004 MATRIX INSTIUTE-IE 1,545.00 AP - 00210461 5/19/2004 MCALONEY ENTERPRISES INC 2,642.46 AP - 00210462 5/19/2004 MC1LVIAN, TIMOTHY 64.00 AP-00210463 5/19/2004 MCI 684.17 AP - 00210464 5/19/2004 MICHAEL R. MONTGOMERY 500.00 AP - 00210465 5/19/2004 MIDWEST TAPE 37.98 AP - 00210465 5/19/2004 MIDWEST TAPE 57.97 AP - 00210465 5/19/2004 MIDWEST TAPE 66.96 AP - 00210465 5/19/2004 MIDWEST TAPE 178.92 AP - 00210465 5/19/2004 MIDWEST TAPE 71.94 AP - 00210465 5/19/2004 MIDWEST TAPE 20.99 AP - 00210466 5/19/2004 MIIAC ALARM COMPANY 710.00 AP - 00210468 5/19/2004 MORENO, ARCELIA 25.00 AP - 00210469 5/19/2004 MOTOROLA COMMUN AND ELEC INC 425.84 AP - 00210470 5/19/2004 MSDS ONLINE 329.00 AP - 00210471 5/19/2004 MUNOZ, JUAN 60.00 AP - 00210472 5/19/2004 MURGUIA, JENNIFER 23.00 AP - 00210473 5/19/2004 N M A DUES C/O NAOMI ROBERTS 8.31 AP - 00210474 5/19/2004 NAPA AUTO PARTS 33.52' AP - 00210474 5/19/2004 NAPA AUTO PARTS 15.61 AP - 00210474 5/19/2004 NAPA AUTO PARTS 26.39 AP - 00210474 5/19/2004 NAPA AUTO PARTS 18.68 AP - 00210474 5/19/2004 NAPA AUTO PARTS 7.39 AP - 00210474 5/19/2004 NAPA AUTO PARTS 18.80 AP - 00210474 5/19/2004 NAPA AUTO PARTS 39.45 AP - 00210474 5/i9/2004 NAPA AUTO PARTS 84.53 AP - 00210474 5/19/2004 NAPA AUTO PARTS 139.90 AP - 00210476 5/19/2004 NATIONAL DEFERRED 26,312.13 AP- 00210479 5/19/2004 NEMO, LOSSIE 200.00 AP - 00210480 5/19/2004 NEWPORT PRINTING SYSTEMS 46.28 AP - 00210481 5/19/2004 NIKPOUR, MOHAMMED 70.00 AP - 00210482 5/19/2004 NINYO AND MOORE GEOECHNICAL 677.50 AP - 00210483 5/19/2004 NORTHTOWN HOUSING DEV CORP. 1,000.00 AP- 00210484 5/19/2004 OCLC INC 42.95 AP- 00210485 5/19/2004 OFFICE DEPOT 12.35 AP - 00210485 5/19/2004 OFFICE DEPOT 215.44 AP-00210485 5/19/2004 OFFICE DEPOT 17.65 AP - 00210485 5/19/2004 OFFICE DEPOT 675.09 AP-00210485 5/19/2004 OFFICE DEPOT 12.68 AP - 00210485 5/19/2004 OFFICE DEPOT 221.66 AP - 00210485 5/19/2004 OFFICE DEPOT 249.47 AP - 00210485 5/19/2004 OFFICE DEPOT 4.09 AP - 00210485 5/19/2004 OFFICE DEPOT 80.00 AP - 00210485 5/19/2004 OFFICE DEPOT 91.27 AP- 00210485 5/19/2004 OFFICE DEPOT -91.28 AP- 00210485 5/19/2004 OFFICE DEPOT 11.30 AP - 00210485 5/19/2004 OFFICE DEPOT 78.75 User: AHAWORTH - Ann Haworth Page: 15 Current Date: 05/25/20G Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 11:13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP-00210485 5/19/2004 OFFICE DEPOT 6.27 AP- 00210485 5/19/2004 OFFICE DEPOT 35.00 AP- 00210485 5/19/2004 OFFICE DEPOT 12.57 AP - 00210485 5/19/2004 OFFICE DEPOT 5.22 AP - 00210486 5/19/2004 OLEARY, ALICIA 34.00 AP - 00210487 5/19/2004 ORCHARD SUPPLY HARDWARE 53.86 AP - 00210487 5/19/2004 ORCHARD SUPPLY HARDWARE 103.36 AP - 00210487 5/19/2004 ORCHARD SUPPLY HARDWARE 43.57 AP - 00210487 5/19/2004 ORCHARD SUPPLY HARDWARE 85.50 AP - 00210487 5/19/2004 ORCHARD SUPPLY HARDWARE 76.45 AP - 00210488 5/19/2004 OTSUKA, DENNIS 100.00 AP - 00210489 5/19/2004 OTSUKA, SLYVIA 100.00 AP-00210490 5/19/2004 OWEN ELECTRIC 101.33 AP - 00210490 5/19/2004 OWEN ELECTRIC 15.80 AP - 00210491 5/19/2004 PACIFICARE OF CALIFORNIA 54,098.63 AP - 00210492 5/19/2004 PACIFICARE OF CALIFORNIA 53,916.50 AP - 00210492 5/19/2004 PAC1FICARE OF CALIFORNIA 1,802.10 AP - 00210494 5/19/2004 PARRISH, SHIRLEY 30.00 AP - 00210495 5/19/2004 PARS PHASE II SYSTEMS 3,500.00 AP- 00210496 5/19/2004 PARSONS, ANGELA 91.57 AP - 00210498 5/19/2004 PEPES TOWING SERVICE 55.00 AP - 00210499 5/19/2004 PEREZ, HECTOR 120.00 AP - 00210500 5/19/2004 PETES ROAD SERVICE INC 18.00 AP - 00210502 5/19/2004 PHOTOGRAPHY BY KENNETH 35.00 AP - 00210502 5/19/2004 PHOTOGRAPHY BY KENNETH 35.00 AP- 00210503 5/19/2004 PMI 1,126.12 AP- 00210504 5/19/2004 POMA DISTRIBUTING CO 10,163.30 AP- 00210504 5/19/2004 POMA DISTRIBUTING CO 6,497.85 AP - 00210505 5/19/2004 POURHASSANIAN, ABBY 40.00 AP - 00210506 5/19/2004 PRE-PAID LEGAL SERVICES INC 170.25 AP- 00210507 5/19/2004 PROMOTIONS TEES & MORE 641.15 AP - 00210508 5/19/2004 PRUDENTIAL OVERALL SUPPLY 7.00 AP - 00210508 5/19/2004 PRUDENTIAL OVERALL SUPPLY 7.00 AP- 00210509 5/19/2004 QUINTANA, ZITA 193.00 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 49.72 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 215.58 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 30.00 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 429.08 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 30.00 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 489.04 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 30.00 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 469.92 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 235.77 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 31.92 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 230.28 AP - 002105 I0 5/19/2004 R AND R AUTOMOTIVE 529.59 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 41.92 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 41.92 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 334.68 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 491.63 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 170.72 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 31.92 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 30.00 User: AHAWORTH - Ann Haworth Page: 16 Current Date: 05/25/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:i/t I 1:13:1 / CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 345.34 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 231.37 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 43.81 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 31.92 AP- 00210510 5/19/2004 R AND R AUTOMOTIVE 638.59 AP - 00210510 5/19/2004 R AND R AUTOMOTIVE 28.95 AP - 00210511 5/19/2004 RAINES, CYNDI 850.00 AP - 00210512 5/19/2004 RAMIREZ, CELINA 200.00 AP- 00210513 5/19/2004 RAMSEY STREET FORD 12,648.39 AP - 00210514 5/19/2004 RANCHO CUCAMONGA CHAMBER OF COMMEI 200.00 AP- 00210516 5/19/2004 RBM LOCK AND KEY SERVICE 24.51 AP - 00210517 5/19/2004 RED WING SHOE STORE 137.37 AP - 00210518 5/19/2004 REINHARDTSEN, DEBRA 282.50 AP - 00210519 5/19/2004 RICHARDS WATSON AND GERSHON 1,470.00 AP - 00210519 5/19/2004 RICHARDS WATSON AND GERSHON 5.50 AP - 00210520 5/19/2004 RIVERSIDE BLUEPRINT 362.69 AP - 00210520 5/19/2004 RIVERSIDE BLUEPRINT 81.91 AP - 00210521 5/19/2004 RIVERSIDE BLUEPRINT 114.37 AP - 00210522 5/19/2004 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP - 00210524 5/19/2004 ROBERTS, KAREN 138.00 AP- 00210526 5/19/2004 ROSELL, PETER 146.25 AP - 00210527 5/19/2004 ROYAL WHOLESALE ELECTRIC 29.91 AP - 00210527 5/19/2004 ROYAL WHOLESALE ELECTRIC 104.52 AP - 00210527 5/19/2004 ROYAL WHOLESALE ELECTRIC 159.47 AP - 00210528 5/19/2004 S B AND O INC 1,725.00 AP - 00210530 5/19/2004 SAN BERNARDINO AND RIVERSIDE COUNTIES 57.17 AP - 00210530 5/19/2004 SAN BERNARDINO AND RIVERSIDE COUNTIES 373.61 AP - 00210531 5/19/2004 SAN BERNARDINO COUNTY 68.00 AP - 00210532 5/19/2004 SAN BERNARDINO COUNTY SHERIFFS 1,139,408.00 AP - 00210532 5/19/2004 SAN BERNARDINO COIJNTY SHERIFFS 24,281.00 AP - 00210532 5/19/2004 SAN BERNARDINO COUNTY SHERIEFS 12,680.00 AP - 00210534 5/19/2004 SAN BERNARDINO COUNTY 300.00 AP - 00210534 5/19/2004 SAN BERNARDINO COUNTY 300.00 AP - 00210535 5/19/2004 SAN BERNARD1NO CTY CHILD SUPPORT PAYM 213.00 AP - 00210536 5/19/2004 SAN BERNARD1NO CTY CHILD SUPPORT PAYM 233.50 AP - 00210537 5/19/2004 SAN DIEGO NATIONAL BANK 71,495.78 AP- 00210537 5/19/2004 SAN DIEGO NATIONAL BANK 85,09L23 AP- 00210539 5/19/2004 SBC 55.23 AP- 00210539 5/19/2004 SBC 55.23 AP - 00210539 5/19/2004 SBC 5,511.42 AP - 00210540 5/19/2004 SCRIPPS CENTER FOR EXECUTIVE HEALTH 2,348.00 AP-00210541 5/19/2004 SCWMF 32.00 AP - 00210542 5/19/2004 SHERIFFS COURT SERVICES 115.00 AP - 00210543 5/19/2004 SHIRLEY ENVIRONMENTAL TESTING LLC 240.00 AP - 00210543 5/19/2004 SHIRLEY ENVIRONMENTAL TESTING LLC 664.25 AP- 00210545 5/19/2004 SIMPLOT PARTNERS 130.00 AP- 00210545 5/19/2004 SIMPLOT PARTNERS 795.46 AP - 00210545 5/19/2004 SIMPLOT PARTNERS 886.24 AP - 00210546 5/19/2004 SIMS, DIANA LAURIE 250.00 AP - 00210549 5/19/2004 SMIDERLE, BEA 800.00 AP - 00210550 5/19/2004 SO CALIF GAS COMPANY 85.42 AP- 00210550 5/19/2004 SO CALIF GAS COMPANY 187.49 AP- 00210551 5/19/2004 SOCIAL VOCATIONAL SERVICES 1,500.00 User: AHAWORTH - Ann Haworth Page: 17 Current Date: 05/25/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:/ ,rtl 1:13:1 / CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP- 00210551 5/I9/2004 SOCIAL VOCATIONAL SERVICES 1,500.00 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 5,460.89 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 18,955.92 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.60 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.02 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 75.48 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 1,058.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 1,087.95 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 2,876.49 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 20.77 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 23.29 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 40.73 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 46.23 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 100.42 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 49.38 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 36.57 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 31.65 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 363.92 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.64 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 128.79 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.04 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 95.30 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 434.53 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 170.29 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 147.20 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 152.00 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 145.88 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 25.32 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 9.74 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 116.81 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 16.52 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 4,498.93 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 88.18 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 37.71 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 55.80 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.92 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 21.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 665.97 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 62.65 AP 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.27 AP 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.57 AP 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.56 AP 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.38 AP 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.43 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 7.02 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.04 User: AHAWORTH - Ann Haworth Page: 18 Current Date: 05/25/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: s ~11:13:1 / CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 98.20 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 165.21 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 589.49 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 27.78 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 18.74 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 17.17 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 4,112.85 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 173.27 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 16,968.15 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 103.24 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 103.43 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 76.06 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 49.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 149.07 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 82.94 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.14 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 54.72 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 58.62 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 19.31 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.49 AP - 00210556 5/19/2004 SOIJTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDIS ON 13.15 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.35' AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.57 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.87 AP - 00210556 5/19/2004 SOUTIt~RN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 102.56 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 77.02 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 88.28 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 117.48 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 28.97 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 22.03 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 88.34 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 86.25 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 44.22 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 15.05 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 14.03 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 89.82 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.23 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 46.39 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 85.02 AP- 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 133.49 User: AHAWORTH - Ann Haworth Page: 19 Current Date: 05/25/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:/~ 11:13:1 /7 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 99.49 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.27 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.04 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 106.26 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 24.35 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 46.12 AP - 00210556 5/19/20C4 SOUTHERN CALIFORNIA EDISON 46.31 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 84.14 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.78 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 67.48 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 112.98 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.02 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.17 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 0.15 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.17 AP ~ 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.88 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.33 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00210556 5/19/2004 SOUTHERN CALIFORNIA EDISON 13.43 AP - 00210557 5/19/2004- SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 12,120.96 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 43.23 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 2,307.41 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 25.70 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 45.03 AP- 00210557 5/19/2004 SOUTHERN CALIFORNIAEDISON 5,858.86 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 495.32 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 5,593.71 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 2,523.37 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 37.84 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 33,937.24 AP - 00210557 5/19/2004 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00210558 5/19/2004 SOUTHWESTERN SEALCOATING INC 3,524.88 AP - 00210558 5/19/2004 SOUTHX.,VESTERN SEALCOATING 1NC 2.78 AP - 00210559 5/19/2004 SPAGNOLO, SALVATORE A 250.00 AP - 00210560 5/19/2004 SPAIN, WILLIAM V. 250.00 AP- 00210561 5/19/2004 STOFA, JOSEPH 15.00 AP- 00210562 5/19/2004 STONE, IDA 17.24 AP- 00210563 5/19/2004 SUNRISE FORD 152.29 AP- 00210565 5/19/2004 TAHRAMANIS, DENISE 91.87 AP - 00210566 5/19/2004 TARGET SPECIALTY PRODUCTS 106.83 User: AHAWORTH - Ann Haworth Page: 20 Current Date: 05/25/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~n s~ll:13:l O CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP- 00210567 5/19/2004 TARGET 7.50 AP - 00210567 5/19/2004 TARGET 87.45 AP - 00210568 5/19/2004 TELE WORKS INC 60.00 AP - 00210570 5/19/2004 TOBLN, RENEE 14.07 AP - 00210572 5/19/2004 TRUGREEN LANDCARE 650.00 AP - 00210572 5/19/2004 TRUGREEN LANDCARE 6,819.00 AP - 00210572 5/19/2004 TRUGREEN LANDCARE 3,200.00 AP - 00210572 5/19/2004 TRUGREEN LANDCARE 4,306.00 AP - 00210572 5/19/2004 TRUGREEN LANDCARE 634.40 AP - 00210573 5/19/2004 TURRET PUNCH CO 254.58 AP - 00210573 5/19/2004 TLrI~RET PUNCH CO 223.50 AP - 00210574 5/19/2004 UN/FIRST UNIFORM SERVICE 535.14 AP - 00210574 5/19/2004 UNII~iRST UNIFORM SERVICE 46.48 AP - 00210574 5/19/2004 UNIIqRST UNIFORM SERVICE 22.64 AP - 00210574 5/19/2004 UN/FIRST UNIFORM SERVICE 35.47 AP - 00210574 5/19/2004 UN/FIRST UNIFORM SERVICE 104.09 AP - 00210575 5/19/2004 UNITED CALIFORNIA FACTORS 16.00 AP - 00210575 5/19/2004 UNITED CALIFORNIA FACTORS 28.02 AP- 00210576 5/19/2004 UNITEDWAY 586.32 AP - 00210577 5/19/2004 LIPS 27.97 AP-00210577 5/19/2004 UPS 26.83 AP - 00210580 5/19/2004 VEND U COMPANY 79.27 AP - 00210581 5/19/2004 VENUES TODAY INC 200.00 AP - 00210582 5/19/2004 VERIZON WIRELESS - LA 5,811.27 AP - 00210584 5/19/2004 VERIZON 464.25 AP - 00210584 5/19/2004 VERIZON 28.23 AP- 00210584 5/19/2004 VERIZON 71.33 AP - 00210584 5/19/2004 VERIZON 180.27 AP - 00210584 5/1912004 VERIZON 22.24 AP- 00210584 5/19/2004 VERIZON 1,210.38 AP- 00210584 5/19/2004 VERIZON 28.88 AP- 00210584 5/19/2004 VERIZON 27.13 AP- 00210584 5/19/2004 VERIZON 29.35 AP - 00210584 5/19/2004 VERIZON 35.00 AP- 00210584 5/19/2004 VERIZON 28.92 AP- 00210584 5/19/2004 VERIZON 28.88 AP-00210584 5/19/2004 VERIZON 57.74 AP- 00210584 5/19/2004 VERIZON 164.02 AP- 00210584 5/19/2004 VERIZON 20.41 AP - 00210584 5/19/2004 VERIZON 20.74 AP- 00210584 5/19/2004 VERIZON 27.13 AP- 00210584 5/19/2004 VERIZON 89.73 AP- 00210584 5/19/2004 VERIZON 91.16 AP- 00210584 5/19/2004 VERIZON 89.73 AP- 00210584 5/19/2004 VERIZON 85.05 AP- 00210584 5/19/2004 VERIZON 90.88 AP-00210584 5/19/2004 VERIZON 27.91 AP-00210584 5/19/2004 VERIZON 20.41 AP- 00210584 5/19/2004 VERIZON 20.41 AP- 00210584 5/19/2004 VERIZON 28.88 AP- 00210584 5/19/2004 VERIZON 28.88 AP- 00210584 5/19/2004 VERIZON 313.14 AP- 00210584 5/19/2004 VERIZON 28.88 User: AHAWORTH - Ann Haworth Page: 21 Current Date: 05/25/20C Report :CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~ / 11:13:1 ! CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP-00210584 5/19/2004 VERIZON 89.73 AP- 00210584 5/19/2004 VERIZON 27.91 AP-00210584 5/19/2004 VERIZON 28.88 AP - 00210584 5/19/2004 VERIZON 89.73 AP- 00210584 5/19/2004 VERIZON 91.16 AP-00210584 5/19/2004 VERIZON 91.16 AP- 00210584 5/19/2004 VERIZON 27.91 AP-00210584 5/19/2004 VERIZON 380.71 AP - 00210584 5/19/2004 VERIZON 20.41 AP - 00210584 5/19/2004 VERIZON 36.73 AP - 00210584 5/19/2004 VERIZON 61.45 AP - 00210584 5/19/2004 VERIZON 76.59 AP - 00210584 5/19/2004 VERIZON 20.41 AP- 00210584 5/19/2004 VERIZON 28.88 AP- 00210584 5/19/2004 VERIZON 28.88 AP - 00210584 5/19/2004 VERIZON 29.05 AP - 00210584 5/19/2004 VERIZON 86.62 AP- 00210584 511912004 VERIZON 58.81 AP-00210584 5/19/2004 VERIZON 27.91 AP-00210584 5/19/2004 VERIZON 91.16 AP- 00210584 5/19/2004 VERIZON 89.73 AP - 00210584 5/19/2004 VERIZON 89.73 AP- 00210584 5/19/2004 VERIZON 89.73 AP - 00210584 5/19/2004 VERIZON 89.73 AP-00210584 5/19/2004 VERIZON 21.80 AP - 00210585 5/19/2004 VIGILANCE, TERRENCE 357.00 AP - 00210586 5/19/2004 VIRTUAL PROJECT MANAGER INC 500.00 AP- 00210587 5/19/2004 VOLM, LIZA 112.50 AP - 00210589 5/19/2004 WALTERS WHOLESALE ELECTRIC CO 443.63 AP - 00210589 5/19/2004 WALTERS WHOLESALE ELECTRIC CO 4.61 AP - 00210589 5/19/2004 WALTERS WHOLESALE ELECTRIC CO 116.42 AP - 00210590 5/19/2004 WARD, DESIREE 525.00 AP - 00210591 5/19/2004 WARREN & CO INC, CARL 304.00 AP - 00210591 5/19/2004 WARREN & CO INC, CARL 120.16 AP - 00210592 5/19/2004 WASTE MANAGEMENT 216.12 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 456.27 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 771.37 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 531.29 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 886.53 AP- 00210593 5/19/2004 WAXHE SANITARY SUPPLY 355.19 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 28.77 AP- 00210593 5/19/2004 WAXIE SANITARY SUPPLY 1,016.50 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 611.98 AP - 00210593 5/19/2004 WAXIE SANITARY SUPPLY 768.84 AP - 00210594 5/19/2004 WEST END MATERIAL SUPPLY 107.42 AP - 00210596 5/19/2004 WIESER EDUCATIONAL 2,220.00 AP - 00210598 5/19/2004 WILLIAMS, IBELLA 18.00 AP- 00210599 5/19/2004 WILSON AND BELL 182.88 AP - 00210600 5/19/2004 WILSON COMPANY, THE H W 134.00 AP - 00210601 5/19/2004 WINEINGER, ANGELA 200.00 AP ~ 00210602 5/19/2004 WOLNISTY, LORRAINE 8.00 AP- 00210603 5/19/2004 WOOD, DESIREE 14.00 AP - 00210604 5/19/2004 XEROX CORPORATION 929.35 User: AHAWORTH - Ann Haworth Page: 22 Current Date: 05/25/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: P~genda Check Register Portrait Layout Time: 11:13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/12/2004 through 5/24/2004 Check No. Check Date Vendor Name Amount AP - 00210605 5/19/2004 YEE, LARRY 33.00 AP - 00210607 5/19/2004 ZWISSLER, JAMES 40.00 AP - 00210608 5/19/2004 ARCHIBALD PET HOSPITAL 50.00 AP - 00210608 5/19/2004 ARCHIBALD PET HOSPITAL 50.00 AP-00210610 5/19/2004 ORACLECORP 38,704.89 AP'- 00210610 5/19/2004 ORACLE CORP 16,819.00 AP - 00210611 5/19/201M VALDEZ INC, OLIVAS 10,089.00 AP - 00210611 5/19/2004 VALDEZ INC, OLIVAS 4,315.63 AP - 00210611 5/19/2004 VALDEZ INC, OLIVAS 3,105.54 AP- 00210611 5/19/2004 VALDEZ INC, OLIVAS -310.55 AP - 00210613 5/20/2004 NE VILLE, CATHY 175.78 AP - 00210615 5/20/2004 LADNER COATINGS 1NC 986.58 AP - 00210616 5/20/2004 MILLIGAN AND SONS INC 451.67 AP - 00210618 5/24/2004 O&S HOLDINGS 15,000.00 AP - 00210619 5/24/2004 HOMELESS OUTREACH PRGMS AND EDUCATI( 534.00 AP - 00210619 5/24/2004 HOMELESS OUTREACH PRGMS AND EDUCATI( 532.00 AP - 00210619 5/24/2004 HOMELESS OUTREACH PRGMS AND EDUCATI( 532.00 AP - 00210619 5/24/2004 HOMELESS OUTREACH PRGMS AND EDUCATI( 532.00 AP - 00210619 5/24/2004 HOMELESS OUTREACH PRGMS AND EDIJCATI( 532.00 Total for Check ID AP: 4,920,625.55 Total for Entity: 4,920,625.55 User: AHAWORTH - Ann Haworth Page: 23 Current Date: 05/25/20C Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:.~ ~11:13:1 I~AN C H 0 C IICAM 0 N GA Staff Report DA~E: June 2, 2004 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Lynda L. Thompson, Assistant Redevelopment Analyst SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CITY OF RANCHO CUCAMONGA, RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE RANCHO CUCAMONGA CHAMBER OF COMMERCE AGREEMENT FOR A PLAN OF COOPERATIVE ACTION FOR ECONOMIC DEVELOPMENT RECOMMENDATION Approval of Amendment No. 2 to City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement For A Plan of Cooperative Action For Economic Development. BACKGROUND/ANALYSIS In June 1999 the City and Agency approved a revised Plan of Cooperative Action for Economic Development between the City, Agency and Chamber for FY 1999/00. As part of the Agreement, the Chamber acts as a contractor to the City and Agency by providing several services and products in furtherance of the economic development goals of the community. In August 2000, the City and Agency approved an Amendment No. 1 to the Agreement to expand the Scope of Services and Responsibilities to include the biannual production of a City Street Map and establish the City's and Agency's increase in contribution to the Chamber as established in the Agreement. Page 2 June 2, 2004 APPROVAL OF AMENDMENT NO. 2 TO CITY OF RANCHO CUCAMONGA, RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE RANCHO CUCAMONGA CHAMBER OF COMMERCE AGREEMENT FOR A PLAN OF COOPERATIVE ACTION FOR ECONOMIC DEVELOPMENT Due to the recent developments in the State's budget crisis, and the resulting constraints placed on the City's budget, it has become necessary to reduce the amount of consideration provided for general economic development services. The contract currently provides $1,000 per month for these services, and would be reduced to $800 per month, resulting in a total annual reduction of $2,400 commencing Fiscal Year 2004/05. Respectfully Submitted, Linda D. Daniels Redevelopment Director CITY OF RANCHO CUCAMONGA DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Debra Adams, CMC, City Clerk/Records Manager SUBJECT: APPROVAL TO PROCEED WITH THE BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended the City Council direct staff to proceed with the biennial review of the City's Conflict of Interest Code. BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments and agencies must update their Conflict of Interest Code in 2004. Prior to July 1, 2004, all City departments will be notified of the pending update and will be requested to review any changes to designated positions, such as changes in title or duties, or creation or elimination of positions. Pursuant to state law, after a thorough review has been made, the City Clerk's office will bring this item back to the Council prior to October 1, 2004 to propose any appropriate amendments as needed. If amendments are needed, they must be approved by the Council prior to December 30, 2004. Should you have any questions, please do not hesitate to contact me. Respectfully submitted, City ClerK/Records Manager R A N C H O C U C A M O N G A C 0 ~I ~IU N I T¥ SERVICES Sta Repor DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst Ill ~'~' SUBJECT: APPROVAL OF A REQUEST FROM AMERICAN YOUTH SOCCER ORGANIZATION (AYSO) REGION 65 FOR A WAIVER OF FEES AND CHARGES FOR USE OF THE SOCCER FIELDS AT THE RANCHO CUCAMONGA EPICENTER ADULT SPORTS COMPLEX ON SEPTEMBER 11, 2004 FOR THEIR PICTURE DAY RECOMMENDATION It is recommended that the City Council approve a request from the American Youth Soccer Organization (AYSO) Region 65 for waiver of fees and charges for use of the soccer fields at the Rancho Cucamonga Epicenter Adult Sports Complex on September 11, 2004, for their picture day. BACKGROUND At the request of staff, for the past 3 years AYSO Region 65 has held their annual picture day activity at the Rancho Cucamonga Epicenter and Adult Sports Complex rather than at our community parks to better accommodate the influx of over two thousand youngsters and their families at this event. We believed that this location would better serve the needs of AYSO youth, their parents and residents of Rancho Cucamonga in terms of location, parking and traffic flow. Since 2001, the City Council has approved AYSO's request for a wavier of fees and charges for the use of the soccer fields at the Epicenter for their picture day. It is staffs assessment that this arrangement worked well for all parties. The event has proceeded smoothly and there has been no disruption to the community. CITY COUNCIL AYSO REQUEST FOR FEE WAIVER FOR USE OF EPICENTER SOCCER FIELDS FOR THEIR PICTURE DAY JUNE 2, 2004 Therefore, staff recommends that the City Council approve this year's request for a waiver of fees and charges for AYSO for use of the Epicenter Adult Sports Complex soccer fields on September 11,2004, for their picture day. FISCAL IMPACT The Epicenter soccer fields are traditionally rented out to community groups for a cost of $265.00 per field per day. There are no direct fees/charges associated with this event. Therefore, should the Council approve this request for a waiver of fees the total fiscal impact to the City for this action would be $530.00. AYSO would still be required to provide certification of their $1 million comprehensive public liability insurance as well as a refundable damage/security deposit in the amount of $200.00. Director i:~COMMSERV~Council&Boards~CityCouncil~StaffRepo~ts~2OO4~A YSOFeeWaiver6.2. 04. doc -2- AMERICAN YOUTH SOCCER ORGANI TION a nonprofit corporation dedicated to y th cer May 10, 2004 To: Paula Pachon, Management Analyst III Community Services Dept., City of Rancho Cucamonga From: Max Hernandez, Regional Commissioner Region 65, Rancho Cucamonga Subject: Use of the Epicenter Adult Soccer Fields and Fee Waiver Request AYSO, Region 65, Rancho Cucamonga is requesting to use the Adult Soccer Complex at the Epicenter on Saturday, September 11,2004 from 7:00am to 5:00pm as the site for our annual Fall Season Picture Day. We anticipate 3,000 children and their families coming in and out of the site during the day. We believe this location will serve the need of our children, parents and the City of Rancho Cucamonga in terms of location, volume, parking and traffic flow. We are also requesting that the City waive all fees normally charged for the use of the complex except for a $200 refundable security/damage deposit. Upon approval, we will provide the deposit; our 1 million dollar comprehensive public liability insurance certificate renews in August 2004 anci we will provide it to the City at that time. Please contact me at 909-466-9649 or at UCLAMax(&,aol.com if you have any questions. Is~ Max Hernandez R A N C' H O C U C A M O N G A . ENGINEERING DEPARTMENT DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Cindy Hackett, Associate Enginee~-'/' SUBJECT: APPROVAL TO APPROPRIATE $17,500 TO ACCOUNT NO. 26608015300 FROM THE 2004 TAX ALLOCATION BONDS FUND BALANCE, FOR THE DESIGN SURVEY OF THE UPPER CUCAMONGA STORM DRAIN AND HELLMAN AVENUE WIDENING IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council approve to appropriate $'17,500 to Account No.26608015300 from 2004 Tax Allocation Bonds fund balance, for the design survey of the Upper Cucamonga Storm Drain and Hellman Avenue Widening Improvements. BACKGROUND/ANALYSIS: The Upper Cucamonga Storm Drain and Hellman Avenue Widening Improvement Project will upsize the existing trapezoidal channel and reinforced concrete pipe (RCP) along the railroad right of way from just west of Vineyard Avenue to Base Line Road, then west along Base Line Road to Roberds Street, then go north westerly in Roberds Street to Amethyst Street. The project will then install new 60" RCP in Amethyst Street from Roberds Street northerly to tie into an existing 60"RCP located north of Mignonette Street and west of Amethyst Street. Estimated construction cost for this project is $4,150,000. Staff is requesting that Council authorize an appropriation for the design survey for this project. The design will be performed in-house by engineering staff. R~f'~ Ily submitted, W JO:CH UPPER CUCAMONGA STORM DRAIN AND gF.I.I.MAN AVE. WIDENING IMPROVEMENTS PROJECT Srl'g ~'~ i ~ / ~ ~ ,'- CITY 0F RANCHO CUC~0NGA VICINITY MAP ,.gl T H E C I T Y © F ~AN CH O C U CAI~IO N GA StaffRelx t DATE: June 2, 2004 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor SUBJECr: APPROVAL OF A RESOLUTION BY TItE CITY COUNCIL OF TIlE CITY OF RANCHO CUCAMONGA, CALIFORNIA TItAT TIlE CITY COUNCIL COVENANTS NOT TO ISSUE ANY ADDITIONAL BONDS, EXCEPT REFUNDING BONDS FOR IMPROVEMENT AREA NO. 1, CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01. RECOMMENDATION It is recommended that City Council adopt the attached Resolution covenanting not to issue any additional bonds, (except refunding bonds) for Improvement Area No. 1, City &Rancho Cucamonga Community Facilities District No. 2003-01. No levy is being assessed. This document only records the fact that no future bonds will be issued and/or sold against this property. BACKGROUND/ANALYSIS The City Council of the City of Rancho Cucamonga, California, established City of Rancho Cucamonga Community Facilities District No. 2003-01 with two improvement areas, Improvement Area No. 1 and Improvement Area No. 2 therein, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Cali£oruia Government Code to finance certain public facilities to serve an open-air regional shopping center. The shopping center will be developed on property located in Improvement Area No. 1. The shopping center will include three Major Parcels; The May Department Stores Company, J.C. Penney Properties, Inc. and Macy's West, Inc. Bonds were issued and sold on August 20, 2003 in the aggregate principal amount of $14,645,000 for Improvement Area No. 1. Each year while the Bonds remain outstanding, the City will levy and collect a special tax against properties in Improvement Area No. 1 in Page 2 June 2, 2004 City Council Staff Report CFD 2003-01 (Improvement Area No. 1) accordance with the rate, method of apportionment and manner of collection of the Special Tax for Improvement Area No. 1. The Bonds are payable from the proceeds of the Special Tax. The May Department Stores Company, J.C. Penney Properties, Inc. and Macy's West, Inc. have provided the City with written notice of their intent to prepay the Special Tax pursuant to Section H of the Rate and Method. Staffhas determined that the conditions as set forth in Paragraph H (ii(, (iii) and (iv) have been met. FC-Victoria Gardens-C, Inc. and LC Cucamonga Commercial, Inc., the owners of all property within Improvement Area No. ! other than the Major Parcels, have requested the City Council to adopt this Resolution. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachment: Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COVENANTING NOT TO ISSUE ANY ADDITIONAL BONDS, EXCEPT REFUNDING BONDS, FOR iMPROVEMENT AREA NO. 1 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 RECITALS: A. The City Council (the "City Council") of the City of Rancho Cucamonga, California (the "City"), previously established City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") with two improvement areas, Improvement Area No. 1 ("Improvement Area No. 1") and Improvement Area No. 2 ("Improvement Area No. 2") therein, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain public facilities to serve an open-air regional shopping center (the "Commemial Center"). B. The Commercial Center will be developed on property located in Improvement Area No. 1 by Victoria Gardens Mall pursuant to a ground lease with FC Victoria Gardens-C ("FC Victoria") and LC Cucamonga Commercial, Inc. ("LC Cucamonga"). The Commercial Center will include at least three major retail stores to be constructed on parcels of land conveyed by FC Victoria and LC Cucamonga to The May Department Stores Company, J.C. Penney Properties, Inc. and Macy's West, Inc., respectively (the "Major Parcels"). C. Under the provisions of the Act, on May 21, 2003, the City Council adopted Resolution No. 03-125, which authorized the issuance of the City of Rancho Cucamonga, Community Facilities District No. 2003-01, Improvement Area No. 1 Special Tax Bonds, Series 2003-A, in the aggregate principal amount of not to exceed $16,000,000. D. The Bonds were issued and sold in the aggregate principal amount of $14,645,000 pursuant to a fiscal agent agreement dated as of July 1, 2003, by and between the City and Wells Fargo Bank, National Association as Fiscal Agent. E. Each year while the Bonds remain outstanding, the City will levy and collect a special tax (the "Special Tax") against properties in Improvement Area No. 1 in accordance with the rate, method of apportionment and manner of collection of the Special Tax for Improvement Area No. 1 (the "Rate and Method"). The Bonds are payable from the proceeds of the Special Tax. F. As security for the payment of the Special Tax, a special tax lien (the "Special Tax Lien") was recorded in the Office of the County Recorder of the County of San Bemardino (the "County Recorder"), which encumbers non-exempt property located within Improvement Area No. 1, including the Major Parcels. G. The May Department Stores Company, J.C. Penney Properties, Inc. and Macy's West, Inc. have provided the City with written notice of their intent to prepay the Special Tax pursuant to Section H of the Rate and Method. H. Section H of the Rate and Method provides that the owner of a Major Parcel will have the option to prepay and permanently satisfy the Special Tax obligation provided (i) all of the Bonds (being any bonds or other debt, whether in one or more series, issued by the City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "CFD") and secured solely by Special Taxes levied on property within the boundaries of Improvement Area No. 1 of the CFD have already been issued or the City Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax levied under the Rate and Method; (ii) the Major Parcel has been classified for the fiscal year of the prepayment as "Undeveloped Property" under the Rate and Method; (iii) a building permit has been issued for the Major Parcel for new construction, other than the construction of a garage, parking lot, parking structure or street; and, (iv) there are no delinquent Special Taxes with respect to the Major Parcel at the time of prepayment. I. FC-Victoria Gardens-C, Inc. and LC Cucamonga Commercial, Inc., the owners of all property within Improvement Area No. 1 other than the Major Parcels, have requested the City Council to adopt this Resolution. J. The City's District Administrator has determined that the conditions in Paragraph H (ii), (iii) and (iv) hereof have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The City Council hereby covenants that it will not issue any additional Bonds (except refunding bonds) to be supported by thc Special Tax levied under the Rate and Method. Section 3. For any parcel for which the Special Tax is prepaid in accordance with Section H of thc Rate and Method, staff is hereby directed to prepare and record in the office of the County Recorder a Notice of Cancellation of Special Tax Lien pursuant to California Government Code Section 53344, which shall identify with particularity the Special Tax which has been prepaid and permanently satisfied, and which shall release any such parcel from thc Special Tax Lien. THE CITY 0 F I~AN C H 0 CIJ CAM ON GA Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Flavio H. Nunez, Redevelopment Analyst SIJBJEL~: APPROVAL TO APPROPRIATE $1,700,000 TO ACCT. NO. 1243035650/1026124-0 FROM THE TRANSPORTATION DEVELOPMENT FUND BALANCE FOR THE DEVELOPER REIMBURSEMENT ASSOCIATED WITH THE CONSTRUCTION OF DAY CREEK BOULEVARD (SOUTH OF FOOTHILL BOULEVARD TO THE WESTERLY PROPERTY LINE OF THE DAY CREEK FLOOD CONTROL CHANNEL) RECOMMENDATION: It is recommended Council approve an appropriation of $1,700,000 to Acct. No. 1243035650/1026124-0 from the Transportation Development fund balance for the developer reimbursement associated with the construction of Day Creek Boulevard (south of Foothill Boulevard to the westerly property line of the Day Creek flood control channel) BACKGROUND/ANALYSIS: In October 2003, with the recommendation of the Planning Commission, the City Council approved a Development Agreement (CO 03-126) for the development of a 315,000 square-foot shopping center (Foothill Crossing) and established a process for financing the construction of Day Creek Boulevard within the shopping center, generally located on the southwest comer of Foothill Boulevard and the 1-15 Freeway. Section IV.A of the Agreement requires the developer (Owner), as a condition of approval, to design and construct the extension of Day Creek Boulevard from the south curb line of Foothill Boulevard to the most westerly border of the Property - this is identified as the Primary Extension Segment - and from the most westerly border of the Property to the westerly property line of Day Creek Channel - this is identified as the Channel Extension Segment. The Owner's obligation includes the construction of public street curbs, gutters, storm drains, pavement, sidewalks, landscaped medians, streetlights, fire hydrants, utilities, and traffic signals for both the Primary Extension segment and the Channel Extension Segment. CITY COUNCILSTAFFREPORT June 2, 2004 Page 2 The Agreement also provides a mechanism for reimbursement by the City to the Owner for the costs associated with the construction of the aforementioned improvements. SectionV.A of the agreement stipulates that the City shall reimburse the Owner for the cost for design of construction of the Primary Extension Segment, up to a maximum of one million, two hundred thousand dollars ($1.2 million), and for the full cost of the design and construction of the Channel Extension Segment, which is projected to cost five hundred thousand ($500 thousand). The City's obligation to provide reimbursement is predicated on the Owner's requirement to provide a Letter of Intent from an anchor store in which such anchor store pledges to enter into an agreement with Owner to rent, occupy and operate a business retail store within the project. The Owner has fulfilled this requirement via execution of a lease agreement with a major tenant to anchor the shopping center. The Owner is currently pursuing the construction on the shopping center and this center is expected to open in October 2004. The Owner has also initiated the design of the Day Creek Boulevard improvements and will soon begin construction of these public facilities. It is recommended Council approve an appropriation of $1,700,000 to Acct. No. 1243035650/1026124-0 from the Transportation Development fund balance for the developer reimbursement associated with the construction of the Day Creek Boulevard Primary Extension Segment ($1.2 million) and Channel Extension Segment ($500 thousand). Day Creek Boulevard is identified in the transportation fee program and, as such, is a project that is eligible for reimbursement. Res4m.ct fully Submitted, W,~m J. O'Neil City Engineer WJO:FN:dlw $7 R A N C H O C U C A M O N G A Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Michael TenEyck, Administrative Resource Manager SUBJECT: APPROVE AND AUTHORIZE EXECUTION OF AN AMENDED RENTAL AGREEMENT IN AN ADDITIONAL AMOUNT OF $167,820.00 FOR A TOTAL BUDGETED AMOUNT OF $353,820.00 TO JOHNSON POWER SYSTEMS, INC., FOR RENTAL OF MOBILE ELECTRIC GENERATORS TO PROVIDE TEMPORARY CONSTRUCTION POWER WITHIN THE RANCHO CUCAMONGA MUNICIPAL UTILITY SERVICE AREA TO BE FUN DED FROM ACCOUNT NO. 17053035309 RECOMMENDATION: It is recommended that the Council approve and authorize execution of an amended rental agreement in an additional amount of $167,820.00 for a total budgeted amount of $353,820 to Johnson Power Systems, Inc., for rental of mobile electric generators to provide temporary construction power within the Rancho Cucamonga Municipal Utility service area to be funded from Account No. 17053035309 BACKGROUND ANALYSIS: On July 2, 2003, Council awarded and authorized the execution of rental agreement with Johnson Power Systems as lowest apparent bidder for the rental of mobile electric generators to provide the developers of commercial property within Victoria Arbors, including the Victoria Gardens Mall, with temporary power for construction purposes. Staff solicited bids from seven firms for the provision of electric generators. Pricing was requested for a variety of different sizes of generators for various usage lengths and rental time periods in order to provide the City with the maximum flexibility to meet the fluctuating power needs of the developers through what was anticipate to be nine month period for which temporary power was needed. The nine-month period has now expired. CITY COUNCIL STAFF REPORT JOHNSON POWER SYSTEM June 2, 2004 Page 2 The construction schedule of commercial property within Victoria Arbors, as well as construction schedule of the electric infrastructure that the developer of the Victoria Gardens Mall is responsible for constructing, required that the sizes, number and duration of the equipment rentals be modified from the projections used to derive the original estimate of $186,000. Approval of the amended rental agreement will allow for the provision of temporary construction power until the Municipal Utility's distribution system is energized. It is recommended that the Council approve and authorize execution of an amended rental agreement in an additional amount of $167,820.00 for a total budgeted amount of $353,820.00 to Johnson Power Systems, Inc., for rental of mobile electric generators to provide temporary construction power within the Rancho Cucamonga Municipal Utility service area, to be funded from Account No. 17053035309. This additional amount of $167,820.00 was approved in the amended FY 2003-04 budget. Re~.~.,tf u Ily submitted, (.~ City Engineer W JO:MT R A C h 0 C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Michael L. TenEyck, Administrative Resources Manager SUBJECT: It is recommended that the City Council authorize the City Manager to enter into a non-exclusive Master Power Purchase and Sale Agreement (Agreement) by and between the City and Sempra Energy Solutions, of Los Angeles, California (Sempra), subject to any modifications approved by the City Manager and the City Attorney, authorize the City Manager to execute the Confirmation Orders with Sempra in amounts necessary to provide electric service to new customers to be funded from Acct. No. 17053035209 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a non- exclusive Master Power Pumhase and Sale Agreement (Agreement) by and between the City and Sempra Energy Solutions, of Los Angeles, California (Sempra), subject to any modifications approved by the City Manager and the City Attorney, authorize the City Manager to execute the Confirmation Orders with Sempra in amounts necessary to provide electric service to new customers, to be funded from Acct. No. 17053035209 BACKGROUND/ANALYSIS: On August 31, 2001, the Rancho Cucamonga City Council authorized the creation and operation of a municipally owned utility for the purpose of providing various utility services. Subsequently, on August 21, 2002, the Council authorized the filing of a Wholesale Distribution Access Tariff (WDAT) Application with Southern California Edison Company (SCE) for the provision of electric service by the Rancho Cucamonga Municipal Utility (RCMU). In accordance with the SCE Interconnection Facilities Agreement, the City has constructed the Arbors Substation at the southeast corner of Rochester Avenue and Stadium Parkway. Backbone distribution facilities have been constructed from the Arbors Substation to serve RCMC customers. CITY COUNCIL STAFF REPORT APPROVAL OF WHOLESALE POWER SUPPLY AND OTHER SERVICES JUNE 2, 2004 PAGE 2 Since July 2003, the City has built a temporary power pole system and rented onsite electrical generators to provide temporary construction power to the developer of the Victoria Arbors Mall. The Mall is scheduled to open in October 2004. The City's power requirements will increase to serve new customers over the planned development horizon. Facilities have now been constructed to provide permanent electrical service and the temporary pole system and generators can be removed. The City can buy power from a generator or power marketer and arrange for transmission through the California Independent System Operator (ISO) and has secured WDAT service through the SCE 66kV circuits at the Arbors Substation. To meet reliability criteria required for prudent utility practice, the ISO automatically purchases reliability generation products on the City's behalf. The charges for these ISO services include wholesale distribution losses, ancillary services, under scheduling and imbalance charges. The City will require the services of a scheduling coordinator, registered with the ISO, to schedule and account for all power flows. These functions are illustrated in the chad below: High Voltage Low Voltage Generation Transmission Transmission Distribution Load owor ProductsJ Edison /~Bulk ~, ~ I Markete~r//~" '~ $che~ On March 15, 2004, the City issued a written Request for Proposals for Wholesale Power Supply and Other Services (RFP). The RFP asked the responders to provide power and comprehensive Scheduling Coordinator services. The following companies offered proposal§: Sempra Energy Solutions, Arizona Public Service Company, Constellation/New Energy, Coral Power (Shell Trading), BP Energy, IMServ and the Automated Power Exchange. The bids proposals were evaluated based on the responders' features, functions, service, pricing and innovated methods. Information from the responders' current clients was also evaluated. CITY COUNCIL STAFF REPORT APPROVAL OF WHOLESALE POWER SUPPLY AND OTHER SERVICES JUNE 2, 2004 PAGE 3 Proposed Contract Structure The successful responder would be required to enter into a non-exclusive Master Purchase & Sales Agreement (the "Agreement"), as amended by the City. This Agreement was prepared by a committee of representatives of the Edison Electric Institute (EEl) and National Energy Marketers Association (NEM) member companies to facilitate orderly trading in and development of wholesale power market. The City has the option to execute non-exclusive Agreements with several energy suppliers and competitively bid additional energy purchases. The Agreement also provides for specific incremental confirmation orders to specify the scope of services, charges and delivery period (Confirmation Order). The City can execute multiple confirmation orders with individual energy suppliers. This confirmation method decreases the City's risk by matching energy purchases with expected customer requirements. Sempra Enerqy Solutions (Sempra) Sempra provided a detailed power purchase strategy and presented multiple options. Sempra's proposal will customize energy purchases and provide scheduling coordinator services to obtain optimization while limiting risk and will provide scheduling coordinator services. Energy would be purchased through confirmation orders to match customer requirements. The cost of ISO charges will be a pass-through with no additional mark-up. Sempra was chosen as the City's energy provider based upon the limited initial energy requirements, Sempra agreed to provide the Scheduling services based on a Mega-watt- hour charge as apposed to the fixed monthly rate proposed by all other bid respondents. It was determined that Sempra's unit rate pricing afforded the City the greatest flexibility and control in meeting the City's power procurement needs while limiting exposure to mandatory monthly rates which may prove to not be fiscally prudent in consideration of the relatively Iow levels of power that the City anticipates purchasing during the duration of the contract. The energy commodity charges from all of the RFP responders were similar and were within the City's forecasted costs. The City averages per kilowatt-hour costs will be between $4-6 depending on demand and time of use Sempra currently provides similar services and executed the same Agreement with the Cities of Corona and Moreno Valley. The City of Rancho Cucamonga's legal counsel and technical consultant have reviewed of the Agreement. All transactions entered into by the City and Sempra shall be governed by the Agreement. CITY COUNCIL STAFF REPORT APPROVAL OF WHOLESALE POWER SUPPLY AND OTHER SERVICES JUNE 2, 2004 PAGE 4 Preferred Strategy Establish a contractual relationship that allows the City to purchase power as need arises and provides the flexibility to simultaneously pursue alternative sources through non- exclusive agreements. Based upon the (i) limited initial energy requirements; (ii) current energy prices, (iii) required energy services; (iv) objective to minimize the purchases of excess power, and (v) future energy partners it is recommended that the confirmation orders only contract for its actual energy requirements. To accomplish this objective, it is recommended that the City Council authorize the City Manager to enter into a non- exclusive Master Power Purchase and Sale Agreement (Agreement) by and between the City and Sempra Energy Solutions, of Los Angeles, California (Sempra), subject to any modifications approved by the City Manager and the City Attorney, authorize the City Manager to execute the Confirmation Orders with Sempra in amounts necessary to provide electric service to new customers, to be funded from Acct. No. 17053035209 R~fu_lly Submitted, Wii~'am J. O'Neil City Engineer E N Gl N E E R I N G D E PAR Title N T Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Counci Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Walter C. Stickney, Associate Civil Engineer SUBJECT: APPROVAL FOR AWARD AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $56,172.00 TO SIGNET TESTING LABORATORIES, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $5,617.00, FOR GEOTECHNICAL SERVICES FOR PHASES lB(B), 3B(A) AND 3B(B) OF CFD 2003-01, TO BE FUNDED FROM FUND 614 - CFD 2003-01, ACCOUNT NO. 16143035300/1442614-0 RECOMMENDATION: It is recommended that the City Council approve the Professional Services Agreement with Signet Testing Laboratories, Inc. to provide geotechnical services for Phases lB(B), 3B(A) and 3B(B) of CFD 2003-01, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: Community Facilities District (CFD) 2003-01 funds the design and construction of necessary public facilities integral with the proposed mall near Foothill Boulevard and the 1- 15 Freeway, as well as future residential development north of the proposed mall site. This infrastructure has been designed and will be constructed in multiple phases. Phases lB(B), 3B(A) and 3B(B) consist of the installation of street, storm drain, sewer, and water facilities on Foothill Boulevard, between Rochester Avenue and the 1-15 Freeway. Below is a listing of all phases associated with the construction of public improvements within the Victoria Gardens Mall sphere. ¥/ CITY COUNCIL STAFF REPORT COMMUNITY FACILITIES DISTRICT 2003-01, PHASES 3B(a) and 3B(b) June 2, 2004 Pa§e 2 # Phase Description Status 1 Ph lA Day Creek Blvd. north of Church St. and Church St. west of Day Creek Blvd. Mass Construction complete. Grading of the residential area north of Church St. and water, sewer, traffic signals, anc Improvements accepted. major storm drain improvements 2 Ph lB(a) Day Creek Blvd. south of Church St., Chumh St. east of Day Creek Blvd., Victoria Park Under construction. Lane north of Church St., Arbor Ln. north of Church St., and Base Line Rd. east of Day Completion Sept'04. Creek Blvd. Also water, sewer, major storm drain, landscaping and traffic signals. 3 PhlB(b) North side of Foothill BIvd. west of Day Creek BIvd. In addition storm drain, sewerand Requesting award. water. Completion Sept. '04. 4 Ph lB(c) Sidewalk and landscaping on Day Creek Blvd north of Chumh St. Under construction. Completion Aug. '04. 5 Ph lB(d) Traffic Signal at Church St. and Etiwanda Ave Awaiting Caltrans Pen'nit. 6 Ph lB(e) Landscaping on Arbor Ln. north of Church SL Out to bid. 7 Ph 3A Street, major storm drain, and water on Victoda Gardens Ln. Under construction. Completion Aug. '04 8 Ph 3B(a) Foothill Blvd. east of Day Creek Channel. Requesting award. Completion Sept. '04. 9 Ph 3B(b) Foothill Blvd. west of Day Creek Channel. Requesting award. Completion Sept. '04. 10 Ph 3B(c) Mall public sewer and water Construction complete. 11 Ph 01/03 Final street cap, and cleanup work Under design. For tl~e Phase 3A Project, Request for Proposal letters were sent to various geotechnical firms soliciting their proposals to provide geotechnical and construction material testing and inspection services. Of the four proposals that were received, 2 firms were determined to have the necessary qualifications. For the Phases lB(B), 3B(A) and 3B(B) Project, Request for Proposal letters were sent to these two geotechnical firms. One of the geotechnical firms was determined to be non- responsive. The proposal from Signet Testing Laboratories, Inc. meets all of the City's requirements for an amount of $56,172.00 to be funded from Account No. 16143035300/1442614-0. Signet Testing Laboratories, Inc. has provided services to the City for a previous phase of the CFD improvements. The firm is aware of the problems inherent to the site and has a great deal of information already generated in their records that will be used for this project. Res, pe~tfully submitted,, Wil(ia/n J. O'Neil City Engineer WJ©:WCS Phase3Bb ' ' , ~---~--~f~ --~,~,, ~ ~ .~" . · Phase 3~a _~ ~~5~ · CFD 2003-01 - Phase 1Bb (North side of Foothill Boulevard West of Day Creek Boulevard)~ Phase 3Ba (Foothill Boulevard east of Day · .. Creek Boulevard) ond Phase 3Bb (Foothill Boulevard west of Day Creek Boulevard) CITY OF. RANCI~IO i~CUCA1VIONGA R A C H O C U C A M O N G A Slaff Report DA'I~: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Karen Tadton, Public Services Tech II SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16398, LOCATED AT THE NORTHWEST CORNER OF HELLMAN AVENUE AND 7TM STREET, SUBMITTED BY W.F. CONSTRUCTION, INC. RECOMMENDATION: The required improvements for Tract 16398 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16398, located at the northwest corner of Hellman Avenue and 7th Street, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: W.F. Construction, Inc. Release: Faithful Performance Bond No. 828138S $319,000.00 Accept: Maintenance Bond Ne. 828138S $31,900.00 R~,~ffully submitted, City Engineer WJO:KT:dlw Attachments CITY OF RANCHO CUCAMONGA k'~NG]~1~,,~ING DIVISION RESOLUT,ON,O. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16398 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16398 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino County. RESOLUTION NO. 04-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CULTURAL CENTER CONSTRUCTION PROJECT" 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 CULTURAL CENTER CONSTRUCTION PROJECT". 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 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" A portion of this project is Federally financed by the U.S. Department of Housing and Urban Development (24 CRF, Part 57) for the purpose of providing improvements for senior citizens and is subject to certain requirements including the payment of Federal prevailing wages, compliance with "Section 3 - Affirmative Action Requirements", Executive Order #11246 and others. The aforementioned are described in the "Special Federal Provisions" section of the bid documents. Additional information pertaining to the Federal requirements is on file with the City of Rancho Cucamonga's Community Development Department. 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 dates and times specified below, sealed bids for the "THE CULTURAL CENTER CONSTRUCTION PROJECT" in said City. DUE DATE AND LOCATION FOR SEALED BIDS: Sealed bids will be received at all times during normal business hours prior to the Bid Opening, which is the hour of 2:00 P.M. on TUESDAY, JULY 27, 2004, at the Office of the City Clerk (De Anza Room), 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids will be opened at the Bid Opening time stated, in the City Council Chambers, or as otherwise posted. Bids that arrive after the specified Bid Opening time, including mailed bids delivered after the specified deadlines, will not be accepted, regardless of the time postmarked or otherwise indicated on the envelope. All bids must be in writing and must contain an original signature by an authorized officer of the firm. Electronic bids (i.e., telephonic, FAX, etc.) are not acceptable. 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 CULTURAL CENTER CONSTRUCTION PROJECT". Bids will be publicly opened and read in the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Resolution No. 04-186 Page 2 of 6 PROJECT MANUAL: 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. Contact C.W. Driver, Myron Tucker, regarding instructions on obtaining copies of plans, specifications, and bid forms on or after June 17, 2004, and they will be furnished upon payment of $150.00 (ONE HUNDRED FIFTY DOLLARS), said $150.00 (ONE HUNDRED FIFTY_DOLLARS) is non refundable. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. MANDATORY PREBID CONFERENCE DATES AND LOCATION: All bidders must attend one of the following mandatory Prebid Conferences: (1) June 29, 2004 at 10 a.m.C.W.Driver Pasadena Office (2) June 29, 2004 at 2 p.m.C.W.Driver Rancho Cucamonga Jobsite Trailer (3) July 1,2004 at 10 a.m. C.W.Driver Irvine Office (4) July 8, 2004 at 10 a.m.C.W.Driver Pasadena Office (5) July 8, 2004 at 2 p.m.C.W.Driver Rancho Cucamonga Jobsite Trailer LIQUIDATED DAMAGES: There will be a $2,500 assessment for each and every calendar day work remains undone after date fixed for completion of the Project. LABOR LAW AND PREVAILING WAGES: 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 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 cedificate 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 11231-0050\737653v2.doc Resolution No. 04-186 Page 3 of 6 (;. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-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. BID SECURITY: 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 sha~l be returned to the ~owest bidder. PAYMENT AND P£RFORMANC£ BONDS: 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. 11231-0050\737653v2.doc Resolution No. 04-186 Page 4 of 6 CONTRACTOR'S LICENSE: 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 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 as follows: Minimum License Bid Package Trade Description Requirement No. C-11 1-1 Manlift/Material Hoist C-8 3-1 Concrete, Concrete Reinforcement and Asphalt C-29 4-1 Precast Concrete and Unit Masonry C-51 5-1 Structural Steel, Miscellaneous Metal and Metal Decking C-6 6-1 Finish Carpentry and Architectural Woodwork C-39 7-1 Built-up Roofing and Waterproofing C-43 7-2 Sheet Metal Roofing/Undedayment Insulation, Flashing, Sheet Metal, Metal Panels and Roof Hatches C-17 8-1 Glass and Glazing C-9 9-1 Metal Stud Framing, Drywall, Plaster, Acoustical Insulation and Sealants, Fireproofing, Firestopping, and Doors/Frames/Hardware C-54 9-3 Ceramic Tile C-11 14-1 Elevators C-36 15-1 Fire Protection Systems C-36 15-2 Plumbing & Site Utilities C-20 15-3 Heating, Ventilating and Air Conditioning C-10 16-1 Electrical 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. SUBSTITUTION OF SECURITIES: 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). AWARD OF CONTRACT: The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. The City of Rancho Cucamonga, reserves the right to reject any or all bids and to waive any informality or irregularity in any bid. Any contract awarded wilt be let to the lowest responsive and responsible bidder. By order of the Council of the City of Rancho Cucamonga, California. Dated this 2nd day of June, 2004 11231-0050\737653v2.doc Resolution No. 04-186 Page 5 of 6 Questions regarding this Notice Inviting Bids for: "THE RANCHO CUCAMONGA CULTURAL CENTER PROJECT" may be directed to: Mark VonDron C.W.Driver 60 Corporate Park, Suite 100 Irvine, California 92606 949-261-5100 office 949-261-5167 fax mvondron @cwdriver.com PUBLISH DATES/ADVERTISE ON: June 17, 2004 and June 28, 2004 PASSED, APPROVED, AND ADOPTED this 2nd day of June 2004. AYES: NOES: ABSENT: ABSTAIN ED: William J. Alexander, Mayor A'CrEST: Debra J. Adams, CMC, City Clerk 11231-0050\737653v2.doc Resolution No. 04-186 Page 6 of 6 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 2ne day of June 2004. Executed this 3r~ day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk 11231-0050\737653v2.doc ORDINANCE NO. 723 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037, A REQUEST TO CHANGE THE ZONE FROM COMMUNITY COMMERCIAL TO MIXED-USE FOR A .7 ACRE PORTION OF SUBAREA 3 OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED NORTH OF FOOTHILL BOULEVARD, BETVVEEN HELLMAN AND MALCHITE AVENUES - APN: 0208-151-20 THRU 23; AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS: 1. On April 14, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development District Amendment and, following the conclusion thereof, adopted its Resolution No. 04-34, recommending that the City Council of the City of Rancho Cucamonga adopt said Development District Amendment DRC2003-01037. 2. On May 19, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Application. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE: The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 19, 2004, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The application is in conjunction with several applications on April 14, 2004 to establish a requested Master Plan, Tract Map, and Architectural Plans for the development of 18 single-family, detached condominiums fronting San Bemardino Road, and 138 attached condominiums with common recreation facilities and common area landscaping on the balance of the property; and d. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission and City Council; and, further, this City Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. SECTION 3: Section 17.32 of the Rancho Cucamonga Development Code, is hereby amended to change Subarea 3 Land Use Plan, in words and figures, as shown in the attached Exhibit "A." SECTION 4: The Rancho Cucamonga Development Districts Map is hereby amended to read, in words and figures, to be consistent with Exhibit SECTION 5: If any section, subsection, sentence, clause, phrase, orword of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. LEGEND RESIDENTIAL COMMERCIAL OFFICE PUBLIC LR LOW DENSITY RESIDENTIAL MU MIXED USE U UTILITY SC SPECIALTY COMMERCIAL LMR LOW MEDIUM RESIDENTIAL O OFFICE P PUBLIC CC COMMUNITY COMMERCIAL MR MEDIUM RESIDENTIAL CO COMMERCIAL/OFFICE ~'~ MASTER PLAN AREA RRG REGIONAL RELATED COMMERCIAL O1 MHR MEDIUM-HIGH RESIDENTIAL INDUSTRIAL o .1~ MA'.3TER PL,~,t~ ,~PF'EO,/ED LI LIGHT INDUSTRIAL F'IJ~SU,~]T TO LAND USE PLAN ORDINANCE NO. 724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003-00047 TO ALLOW A RECREATIONAL VEHICLE STORAGE FACILITY ON 9.87 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORN ER OF THE 210 AND I-15 FREEWAY INTERCHANGE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0228-01'1-31. A. RECITALS: 1. Charles Joseph Associates filed an application for Etiwanda Specific Plan Amendment DRC2003-00047, as described in the title of this ordinance. Hereinafter in this Ordinance, the Etiwanda Specific Plan Amendment is referred to as "the application." 2. On the 14th day of April 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted their Resolution No. 04-43 recommending approval. 3. On May 19, 2004, 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 resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced public hearing on May 19, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The application is in conjunction with Conditional Use permit to allow RV and boat storage on the subject site; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this City Council hereby approves the amendment subject to the text change as listed below: Part II Chapter 5, 5.22 RESIDENTIAL DISTRICTS: Add in the "L ' District, .202 Other Uses Table, that "Recreational Vehicle (RV) and Boat Storage "is a conditionally permitted use with the following footnote: "Recreational Vehicle (RV) and Boat Storage is permitted subject to not being adjacent to single-family or multiple-family residences, and must be adjacent to both the 210 and 1-15 freeways.' 6. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 7. The City Clerk shall certify to the adoption of this Ordinance. T H E C I T Y 0 F ~ANCflO C~ CAMONGA Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, Principal Planner SUBJECT: ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2002-00865 - RICHLAND PINEHURST INC. - A proposed annexation of 160.0 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN - 0225-083-01, 12, 13, 14, 15, 16 and 20. Related Files: Development Agreement DRC2002-00156, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2003-00461. ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2002-00156 - RICHLAND PINEHURST INC. - A proposed Development Agreement to address specific conditions of development and annexation for 150.8 acres of land located at the northwest corner of Wilson Avenue and East Avenue. APN: 0225-083-01, 12, 13, 15, 16, and 20. Related Files: Annexation DRC2002-00865, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2002-00461. RECOMMENDATION: Staff recommends that the City Council continue the above items to the June 16, 2004 meeting to be heard in conjunction with an appeal filed on the approval of Tentative Tract SUB']-r16324. BACKGROUND: The tentative tract map was reviewed and approved at the May 12, 2004, Planning Commission meeting. An Appeal to the Planning Commission approval of the Tentative Tract Map was submitted by Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., dated May 19, 2004 (attached). A full staff report will be submitted prior to the June 16, 2004 meeting, outlining the project review and chronology of the project. CITY COUNCIL STAFF REPORT RICHLAND PINEHURSTINC. June 2,2004 Page 2 CORRESPONDENCE: These items were advertised as public hearings 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. CONCLUSION: Staff requests a continuance of the items to the June 16, 2004 meeting. Respectfully submitted, Brad Buller City Planner BB:LH/Is Attachments: Exhibit "A"- Letter of appeal from Craig A. Sherman dated May 19, 2004 CRAIG A. SHERMAN ATTORNEY AT LAW 1901 FIRSTAVENUE, SUITE 335 SAN DIEGO, CA 92101-2311 FACSIMILE TELEPHONE (619) 702-9291 (619) 702-7892 May 19, 2004 RECEiV, i.. Via Hand Delivery City Clerk ~¥ 2 0 2[~4 City of Rancho Cucamonga Gl I¥ OF R,~tqL;HO L;~ ............. 10500 Civic Center Drive CITY CLERK Rancho Cucamonga, CA 91729-0807 Re: Appeal of the May 12, 2004 Decision of the Planning Commission Certification of Environmental Impact Report, Approval of the Tentative Tract Map No. 16072, and Related Discretionary and Ministerial Actions Richland Pinehurst, Inc.- APN: 0225-083-01, 12, 13, 15, 16 and 20 Dear Madam Clerk: Please accept this letter and the enclosed check in the amount of $251 as an appeal by my clients Spirit of the Sage Council and The Habitat Trust for Wildlife, Inc., of the above May 12, 2004 decisions of the Planning Commission, regarding the Richland Pinehurst, Inc. project (APN: 0225-083-01, 12, 13, 15, 16 and 20), including certification of environmental impact report, approval of Tentative Tract Map No. 16072, and related discretionary and ministerial actions taken on that May 12 date ("Project").~ The bases for this appeal are detailed in the prior presented written and verbal comments provided by my clients and this office as contained in the record of the two prior Planning Commission meetings on this Project, and those further written comments submitted in response to the as Notice of Preparation and circulation of the draft Environmental Impact Report, including but not limited to: 1) lack of Project consistency with the applicable general and specific Plans; 2) failure to sufficiently respond to public comments presented in the draft EIR; 3) failure to sufficiently review, analyze, disclose, and mitigate cumulative impacts; 4) piece-meal analysis of impacts and general plan amendments; This office was informed by planner Larry Henderson on May 13, 2004 of the applicable appeal fees - being $251 to appeal the tentative txact approval and $0 to appeal the certification of the EIR. Should any of these amounts be incorrect, or should any of the matters be deemed unappealable, a monetary refund or oppommity for payment supplementation is hereby requested. 55 Page Two May 19, 2004 City of Rancho Cucamonga Appeal of Planning Commission (May 12, 2004) 5) failure to consider and disclose foreseeable impacts arising from Project- related water service and floodway development projects; 6) failure to accurately characterize the biological habitat types located in and around the Project site, and mitigate for those losses; 7) failure to accurately assess the direct and cumulative habitat loss impacts arising from Project edge effects and brash cleating requirements; and 8) failure to have the development agreement available during the time of EIR preparation or circulation. Should you or any other City officials have any questions or desire clarification regarding any of the above-referenced bases for the appeal, please do not hesitate to contact Craig A. Sherman at this office. Please provide written notification regarding the timing and materials (including staff report, proposed conditions of approval, draft resolutions) to be considered by City at the appeal on this matter. Craig A. Sherman cc: clients .qb TH E C I T Y OF l~A N Cfi 0 C U CA~I ON C,A Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, Principal Planner SUBJECT: ENVIRONMENTAL 'IMPACT REPORT AND ANNEXATION DRC2003-00753 - HENDERSON CREEK PROPERTIES - A proposed Annexation of 96.9 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan at the northerly end of Wardman-Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-28 and 29. Related Files: General Plan Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC. - A proposed General Plan Land Use Amendment to change from Very-Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land located at the northerly end of Wardman Bullock Road - APN: 0225- 084-04, 0226-081-09 and 10, and 0226-082-29. Related Files: Annexation DRC2003-00753, Development Agreement DRC2003-00751, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC - A proposed Etiwanda North Specific Plan Amendment to change from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land and the proposed modification of the circulation system in the Etiwanda Highlands Neighborhood of the Specific Plan - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. Related Files: Annexation DRC2003- 00753, General Plan Amendment DRC2003-00749, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. $7 CITY COUNCIL STAFF REPORT HENDERSON CREEK PROPERTIES, LLC. June 2,2004 Page2 ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC. - A proposed Development Agreement to address specific conditions of development and annexation for 63.5 acres of land, located at the northerly end of Wardman Bullock Road within the Etiwanda North Specific Plan - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. RECOMMENDATION: Staff recommends that the City Council continue the above items to the June 16, 2004 meeting, to be heard in conjunction with an appeal filed on the approval of Tentative Tract SUB'I-I'16324. BACKGROUND: The tentative tract map was approved at the May 12, 2004, Planning Commission meeting. An Appeal to the Planning Commission approval of the Tentative Tract Map was submitted by Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., dated May 19, 2004 (attached). A full staff report will be submitted prior to the June 16, 2004 meeting, outlining the project review and chronology of the project. CORRESPONDENCE: These items were advertised as public hearings 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. CONCLUSION: Staff requests a continuance of the items to the June 16, 2004 meeting. Respectfully submitted, Brad Buller City Planner BB:LH/Is Attachments: Exhibit "A"- Letter of appeal from Craig A. Sherman dated May 19, 2004 CRAIG A. SHERMAN ATTORNEY AT LAW 1901 FIRSTAVENUE, SUITE 335 SAN DIEGO, CA 92101-2311 FACSIMILE TELEPHONE (619) 702-9;291 (619) 702-7892 May 19, 2004 Via Hand Delivery PREC..'~, .*', -; · City Clerk 2 0 2004 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 C!-TY CLERK Re: Appeal of the May 12, 2004 Decision of the Planning Commission Certification of Environmental Impact Report, Approval of the Tentative Tract Map No. 16324, and Related Discretionary and Ministerial Actions Henderson Creek Properties, LLC, - APN: 0225-081-04; 0226-081-09, 10; 0225-082-29 Dear Madam Clerk: Please accept this letter and the enclosed check in the amotmt of $251 as an appeal by my clients Spirit of the Sage Council and The Habitat Trust for Wildlife, Inc., of the above May 12, 2004 decisions of the Planning Commission, regarding the Henderson Creek Properties, LLC project (APN: 0225-081-04; 0226-081-09, 10; 0225-082-29), including certification of environmental impact report, approval of Tentative Tract Map No. 16324, and related discretionary and ministerial actions taken on that May 12 date ("Project").~ The bases for this appeal are detailed in the prior presented written and verbal comments provided by my clients and this office as contained in the record of the two prior Planning Commission meetings on this Project, and those further written comments submitted in response to the as Notice of Preparation and circulation of the draft Environmental Impact Report, including but not limited to: 1) lack of Project consistency with the applicable general and specific plans; 2) failure to sufficiently respond to public comments presented in the draft EIR; 3) failure to sufficiently review, analyze, disclose, and mitigate cumulative impacts; 4) piece-meal analysis of impacts and general plan amendments; This office was informed by planner Larry Henderson on May 13, 2004 of the applicable appeal fees - being $251 to appeal the tentative tract approval and $0 to appeal the certification of the EIR. Should any of these amounts be incorrect, or should any of the matters be deemed unappealable, a monetary refund or opportunity for payment supplementation is hereby requested. Page Two May 19, 2004 City of Rancho Cucamonga Appeal of Planning Commission (May 12, 2004) 5) failure to consider and disclose foreseeable impacts arising from Project- related water service and floodway development projects; 6) failure to accurately characterize the biological habitat types located in and around the Project site, and mitigate for those losses; 7) improper use and failure to analyze impacts or deed restrict remainder parcels; 8) failure to analyze and consider direct and cumulative impacts and losses of County flood control lands that were designated for mitigation and open space uses; 9) failure to accurately assess the direct and cumulative habitat loss impacts arising from Project edge effects and brush clearing requirements; and 10) failure to have the development agreement available during the time of EIR preparation or circulation. Should you or any other City officials have any questions or desire clarification regarding any of the above-referenced bases for the appeal, please do not hesitate to contact Craig A. Sherman at this office. Please provide written notification regarding the timing and materials (including staff report, proposed conditions of approval, draft resolutions) to be considered by City at the appeal on this matter. Craig A. Sherman cc: clients R A N H O C U C A M O N G A ENGINEERING DE PART,fEN T StaffReport DATE: June 2, 2004 TO:. Mayor and Members of the City Council Jack Lam, AICP FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECt: VACATION OF CENTER AVENUE (V-186) - CABOT INDUSTRIAL PROPERTIES; APPROVAL OF A REQUEST TO VACATE CENTER AVENUE, NORTH OF TRADEMARK PARKWAY; RELATED FILE: DRCDR00-41 RECOMMENDATION It is recommended that the City Council adopt the attached resolution ordering the vacation of Center Avenue, located north of Trademark Parkway, as described in Exhibit "A". BACKGROUND/ANALYSIS Cabot Industrial Properties, L.P. is currently processing DRCDR00-41 for the development of 830,000 square feet of industrial building on 39.36 acres of land. In conjunction with this processing, Cabot Industrial Properties, L.P. is required as part of their conditions of approval to process the vacation of a 66-foot wide easement for streets, highways and related purposes that is contiguous to the property. Said street easement is located north of Trademark Parkway and was dedicated to the City per Pamel Map 13125 recorded on December 20, 1990. At the meeting on April 21, 2004, the City Council approved a Development Code amendment deleting the need for Center Avenue. Utility companies, other agencies and various City divisions have been notified of the proposed vacation and were asked for comments. An easement for drainage and utilities will be reserved. The subject street right-of-way vacation is Center Avenue, approximately 66 feet wide and 243 feet long and is located north of Trademark Parkway. With the processing of this vacation new street dedication will be recorded for a cul-de-sac of Trademark Parkway. City Council Staff Report Vacation of Center Avenue - Cabot Industrial Properties June 2, 2004 Page 2 On April 28, 2004, the Planning Commission determined that said vacation would conform to the General Plan and recommend that the vacation occur. Upon vacation of said street easement, a new street dedication will be recorded for the Trademark Parkway cul-de-sac. Respectfully submitted, William J. O Neil City Engineer WdO:WV:tch Attachments N CITY OF rrr~: RANCHO CUCAMONGA ENGIN~.~NG DIVISION I WEST LINE PCL 18 WEST LINE PCL. "B" ") P.M.B, 62/73-76 L,L.A, NO. 340. INSTR. ~ ~)~ ~ PARCEL 18 ~=189'55'14" A=50'12'25" P.M. 51~7 R=56.00' R=25.00' PMB '62/75- 76 L=185.65' L=21.91' 00~8'52"E T= 11.71' 24,42' FUT, CURB PARCEL 1 P.M. 1 51 25 PMB 155/58 TRADEMARK~ I~ S 89'34'10" N COR. PCL. 19 .~ P.M..5157_ PMB 5'~/7.'~-?~ w E ?ARK WAY' S 00'08'52"E SCALE: 1"=30' N 89'34'10" PARCEL 19 19.77' P.M. 51 57 PMB .52/75--76 E'LY LINE PARCEL 1 P.la. 13125, PMB 155/5S-59.,~ N CITY OF rl~,M: ~d~~~ RANCHO CUCAMONGA ,~~~-'~ KE$OLUTION NO. 0 q° ~ ~ 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, CENTER AVENUE LOCATED NORTH OF TRADEMARK PARKWAY APPROXIMATELY 66 FEET WIDE AND 243 FEET LONG WHEREAS, by Resolution No. 04-138 passed on May 5, 2004, the Council of the City of Rancho Cucamonga declared its intention to vacate Center Avenue, north of Trademark Parkway hereinafter more particularly described, and set the hour of 7:00 P.M. on June 2, 2004, in the City Hall Council Chamber, located at 10500 Civic Center Drive, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council hereby finds all the evidence submitted that Center Avenue, north of Trademark Parkway is unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating that said City street as shown on Map No. V-186 on file in the description, which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That the City Clerk shall cause a certified copy of the resolution to be recorded in the office of the County Recorder of San Bernardino County, California SECTION 4.: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. ./5 - ,TY OF RANCHO CUCAUONGA VACAltON OF CEN~R' A~UE ' BEING A STRIP OF LAND SHOWN AS "CENTER AVENUE" ON PARCEL MAP NO. 1'3125, IN THE CITY OF RANCHO CUCAMONGA,. RECORDED IN BOOK 155, PA~S' 58 AND 59 OF PARCEL MAPS, RECORDS OF SAID COUNTY,. DESCRIBED AS FOLLOWS; COMMENCING AT A POINT IN THE EAST UNE OF LOT 23, TOWNSHIP 1 SOUTH, RANGE 7- WEST, SAN BERNARDINO MERIDIAN,-IN THE CITY OF RANCHO CUCA~ONGA, COUNTY OF SAN BERNARDINO, STATE OF CAMFORNIA, ACCORDING TO THE MAP OF THE CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DISTANT NORTHERLY 5.00 FEET FROM THE SOUTHEAST CORNER OF SND LOT 25; THENCE SOU~I 00'08'49" EAST, 175.75 FEET ALONG THE EAST LINE OF SND LOT 23 AND ITS SOUTHERLY PROLONGATION TO A POINT ON A CURVE, CONCAVE NORTHEASTERLY, HA~ING A RADIUS OF 25.00 FEET, ~NNICH POINT A RADIAL UNE BEARS SOUTH 59'38'47' WEST, SAID POINT ALSO,'BErING - - "T]OHE TRUE POINT OF BEGINNING'; THENCE NORTHWESTERLY ALONG SND CUR~E;~THROUGH A CENTRAL ANGLE OF 50'12'24' AN ARC DISTANCE 0F'21.91 FEET;' THENCE TAN .GEN~O.'SAID CURVE, NORTH 00-08'49' WEST,-156.65 FEET, PARALLEL ~ITH AND 9.OO FEET,!~II~E~._I~.RI:Y OF THE . PROLONGATION OF SAID EAST UNE OF SAID LOT, TO THE NORTH UNE OF .1HE~O~)~-5.00 FEET OF SAID LOT 2,~, 'THENCE NORTH 89'$5'26' WEST, ALONG SAID NORTH UNE 66'~0~T; 'THENCE SOUTH 00-08'49" EAST, 40.04 FEET TO THE BEGINNING OF A TANGENT CURVE:,-Cp~i~AVE'WESTERLY · AND HAVING A RADIUS O.F, B.9.00 FEET; THENCE SOUTHERLY ALONG SAID CURVEj~,R. OUGH A CENTRAL ANGLE OF 10'0000 AN ARC DISTANCE OF !5.55 FEET; THENCE .T~.-'~O'-SAID CUR~F.,' SOUTH 09'5i'11' WEST 100.75 FEET TO A TANGENT CURVE CONCAVE.~:NO.R~HEASTERLY .'~ AND HAVING A RADIUS OF ·76.00 FEET;. THENCE'SOUTHEAS'E:RLY ALONG SAID :iCURVE -THROUGH '-~' A CFJ/TRAL ANG1.E OF 99'25'24" AN ARC DISTANCE .0F=151.88 FEET; THENCE~T .ANGENT :TO SAID ~'. CURVE, sOUTH 89'34'13' EAST 19.77 FEET 'TO SAID PROLONGA]iON OF. ]HE 'sOUTHERLY LINE OF ' SAID LOT 25, THENCE NORTH 00-08'49" WEST, ALONG SAID PROLONGATION 67.63. FEET TO THE "TRUE POINT OF BEGINNING". " RESER~NG THEREFROM A NON-EXCLUSI~ EASEMENT IN FAVOR oF CUCAMON~A'.COUNTY WATER DISTRICT FOR SEWER PURPOSES DESCRIBED AS FOLLOWS: '"~ '.'",'~- A 10.00 FOOT ~DE STRIP LYING 5.00 FEET ON EACH SIDE OF THE CENTERUNE OF 'THE ABOVE DESCRIBED PORTIONS OF CENTER AVENUE AND TRADEMARK STREET. ' ALSO RESERVING THEREFROM A NON-EXCLUSIVE EASEI~IENT IN FAVOR OF CUCAMONOA COUNTY WATER DISTRICT FOR WATER PURPOSES DESCRIBED AS FOLLOWS: SEE EXHIBIT "~" ATTACHED HERTO AND BY THIS REFERENCE MADE A PART HER~)F " P~B. EN~INEERIt~ ' .,~ ~L.S. 5959 :: 3198 N. 'ASHWOOD STREET . . . ~ ~ ORANGE, CA '92865 PHONE (714) 637-8100 MARK P. PFEILER LS. 5959 DATE LICENSE EXPIRES 12-,31-04 "~ LO3' 23 ;. EAST LINE LOT 23 CUCAMONGA LANDS. o MB 4/9 / 5.00 FEE1 LOT r2.~,.. 8~.50;~6# W S. LINE LOT 23 --~ -- S,/E C0R. LOT 23 BK. 41/9 OF MAPS S 00'08'49' 40.04' R=89.00' P,J~L L=15.53' PMB 52/7,3-76 T= 7.79' PARC'EEL 1 P.M. 1,3125 .~- A=50'12'24" t L=21.91' ' $ SC,ALE: 1"=40' .® Z~-99'25'24' --MARK' R=76.00' L=131.88' T= 89.65' S 89'34'13" E'r- STREET S 89'34'13" LEGEND 19.77' INDICATES AREA TO BE VACATED (~ ~ OF 10,00' WIDE EASEMENT FOR SEWER PURPOSES TO BE RESERVED IN VACATION DOCUMENT. (~ CE OF 10.00' WlDE EASEMENT FOR WATERLINE PURPOSES TO BE RESERVED IN VACATION DOCUMENT. R.B. ENGINEERING ,3198 N. ASHWOOD STREET ORANGE, CA 92865- MARK P. PFEILER L.S. 5959 DATE P,ONE (7 , )637-8 oo _,CENSE EXP,RES 12-3 -0' °$]/~ancho C~C5 6-month Construction Update Central Park JAMES L. BRULTE SENIOR CENTER :-~ ,,? - _ ir "~ r .... E~o~ ~ -- ~[~Se. OOt ~e" GOLDY S. LEWIS COMMUNI~ CENTER November, 2003 - aerial view of site January- 2004 January 2004 Looking from Base Line across site to Milliken 2004 January March- 2004 March 2004 March 18th -- ICTN films spot on Central Park April 2004 RC Central Park April 19. 2004 April 2004 May 3 - 2004 Central Park ~[ south) May 17- 2004 May 24- 2004 Central Park Coming Winter 2004/2005 THE CITY OF ~AN C H 0 C U CAYl ON GA Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Ruben Warren, Planning Technician SUBJECT: CONSIDERATION OF USE DETERMINATION DRC2004-00093 - STEVE KNECHT - An appeal of the Planning Commission's decision denying a request that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District (.1-2 dwelling units per acre) at 10158 Sun Valley - APN: 1074-081-12 RECOMMENDATION: Staff recommends that the City Council deny the appeal, thus upholding the Planning Commission's Use Determination DRC2004-00093 that dog breeding establishments with outside runs are not similar to an animal care facility within the Very Low Residential District. BACKGROUND: On April 21, 2004, upon consideration of the appeal of this Use Determination, the City Council approved a Motion to direct the appellants to obtain a business license for their dog breeding business and obtain dog licenses. The Council deferred any decision on the Use Determination appeal until the appellants produced valid licenses. The appellants, Mr. And Mrs. Knecht, obtained a business license on April 26, 2004 (Exhibit "A"). A printout of their nine dog licenses is also attached (Exhibit "B"). On April 26, 2004, the attached email was sent to the Council objecting to the dog breeding use and requesting denial of the Use Determination. City Planner BB:RW/Is Attachments: Exhibit"A" - Business License Exhibit "B" - Dog Licenses Exhibit "C" - Email Letter of Objection Exhibit "D" - April 21,2004, City Council Staff Report Draft Resolution to Deny Appeal for Use Determination DRC2004-00093 CITY OF RANCHO CUCAMONGA P. O. Box 807 .10500 Civic Center Drive .Rancho Cucamonga, CA 91729 (909) 477*2700 · FAX (909) 477-2845 BUSINESS LICENSE APPLICATION ~ (PLEASETYPE OR PRINT CLEARLY, USING INK) AFFIDAVIT - CONFIDENTIAL NOTE: incomplete applications will not be processed. Post Office boxes or Postal Contract Stations will not be accepted for Business or Residential Addresses. All businesses tocated within City limits must apply in person at City Hall.) Business Name #2 , BUSINESSMCENSENO~ Business Location Bus. Phone (~ ~ ~ 7/ ~ Bus. Fax ~/~ ~--~ ~ ~ BI.DON Description of Business ~Z//~Z ~_'~ Cont~ors Onl~ Home Address / ~ /~-~ ~'~ ~//d~ Social Security No. (Optiona,) ~"~'- 7~ City ~ ~ .~- ~ State ~ Zip ~/.~ ~ Drivers License No, ~ ~/'/~ /11Signature . , ....... ~,, ~1;~,1¢~ Enterthe amount from Box8Ion reverse of this ~ $ At. gO ] Penalty* ~% (if appli~bl~ [ $ J TO~AL A~OUN~ DUE $ J~l d~¢eha~rjury~tio~as be~ examined [ by~~~ k ~rue~or~ct, and tl~:~ statement of facts. Additionally, I understand that thi, license Please make check payable to: ~grant approval of my ~usiness location and that l must check City of Rancho Cucamonga ~[n [ne~epa~ment of Community D~lopment to insure t~t my business ~~l~is per'jr{ad'at the~r°p°sed I°cati°~ ~ ¢ P ~ ~'~? [ . W ~~ .. J FIRE SAFE~pR~ Toter Amount Received S OFFICIAL USE ONLY: REFUND/BILLED $ ~,~0~1 Ma~ 06 04 OS:lSp Joan Knecht ~0S-484-2~_6 p.3 Animal [nformation: A261199 LOUIE ~ OF/[GE, MALE, GOLDEN RETR, GOLD DOG A261202 NICK - OF AGE, MALE, GOLDEN RETR, GOLD DOG A261203 NOVA - OF AGE, FEMALE, GOLDEN RETR, TAN AND GOLD DOG A261208 PIKACHU - OF AGE, FEMALE, GOLDEN RETR, GOLD DOG A261207 SUNSHINE - 5 MONTHS OF AGE, FEMALE, GOLDEN RETR, GOLD DOG A261208 ROCKY -OF AGE, MALE, GOLDEN RETR, GOLD DOG A2.61209 SADIE - OF AGE, FEMALE, GOLDEN RETR, GOLD DOG A261211 VENUS - OF AGE, FEMALE, GOLDEN RETR, GOLD DOG A261212 ZAP - OF AGE, MALE, GOLDEN RETR, GOLD DOG License Information: Tag Number:. Expires: ArtJmal~ Vacc Date: Term: Expires: Amount: Status: L05-011758 04/25/05 A261199 04/2.5/04 12 04/25/05 $60.00 CLRRENT L05-011759 04/25/05 A261202 04/25/~4 36 04/25/07 $60,00 C:,RRENT L05-011760 04/25/05 A2.61203 04/25/04 36 04/25/07 $60.00 C:JRRENr L05-011761 04/25/05 A261206 04/25~4 36 04/25/07 $60.30 CURRENT L05-011762 04/25105 A261208 04/25/04 36 04/25107 $60,00 CURRENT L05-011763 04/25/05 A261209 04/25/04 36 04/25/07 $6C.30 CURRENT L05-011764 04/25/05 A2.61207 04/25/04 12 04/25/05 $6C,.)0 ~URREN" L05-011765 04/25/05 A261211 04/25/04 36 04/25/07 $60.00 CU~REN" L05-011766 04/25/05 A261212 04/25/04 36 04/25/07 S63.1)0 CURRENT TOTAL LICENSE FEES: Cterk: J1260 t~NCHO Trar~sac~Jon Date: 04/26/04 Print Date: 04/26/04 E:tct'ameln~(=~/stal~'e :eipt mt COUNCIL E-MAIL Distributed ~J~.,/**,Sz Kendrena, Donna From: Nicole Myerchin [nmyerchin@dslextreme.com] Sent: April 22, 2004 7:10AM To: Council, City Council; Adams, Debbie Dear Council Members and Mayor, Thank you for not passing the appeal on the dog breeding facility at last night's council meeting. As you mentioned, this is at the heart of the problem of pet over population--the backyard breeder, and this couple does not have just one breeding pair, they have a total often dogs. I would like to see the language cleaned up in the definition of "animal shelter" so as to close the door on this in the future. A backyard breeder should not be able to claim to be an animal shelter, which we all know it is not. This is the unfortunate thing about language. Furthermore, the relativity of an animal's size--i.e., four horses compared to ten dogs, may not be the best angle to look at this from. On those grounds, one could argue that raising forty minks, is equivalent to ten dogs and request they be allowed to run a fur farm in their backyard. Moreover, only now are they going to license their animals and get a business license. This is not about their pets. (Pets are not raised in kennels for breeding). This is a business for them and they have not done their part by licensing their animals, yet now they want the city to reward them for doing things illegally in the past. I agree with the city attorney that this would set precedence, and Alta Loma has a lot of one and a half acre properties in the hill region. I would like to be notified when they come back before council to request that you do not define a breeding facility as a shelter, and in the mean time, I would like to ask that the city attorney and planning commission "clean up the definition" to erase any "ambiguity" as to what exactly a shelter is. If the requires a request from council, please do this. Once again, thank you Mr. Howdyshell and Mr. Mayor for not supporting this. Sincrely, Nicole Myerchin CITY OF RANCHO CUCAMONGA REr':n:' r _ %INING 4/26/2004 7/ THE CITY OF I~AN C Il 0 C IICAM ON GA Staff Report DATE: April 21, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Ruben Warren, Planning Technician SUBJECT: CONSIDERATION OF USE DETERMINATION DRC2004-00093 - STEVE KNECHT - An appeal of the Planning Commission's decision denying a request that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District at 10158 Sun Valley - APN: 1074-081-12 RECOMMENDATION: Staff recommends that the City Council deny the Appeal, thus upholding Planning Commission Use Determination DRC2004-00093 that dog breeding establishments with outside runs are not similar to an animal care facility within the Very Low (.1-2 dwelling units per acre) residential district. BACKGROUND: The appellant, Steve Knecht, filed a Conditional Use Permit (CUP) application for an Animal Care Facility after being issued a Notice of Violation by the County of San Bernardino-Human Services, Animal Care and Control Services (CSBAC). The appellant has breed 10 dogs typically producing 1-2 litters per year at his residence in the neighborhood generally know as "The Woods." The dog facilities at his residence include two barns (8 feet x 12 feet) and six dog runs (50 feet x 4 feet). As the City Planner does not support this use for the location he asked for a Use Determination by the Planning Commission. On March 10, 2004, the Planning Commission determined the use in question is not of a similar intensity to an Animal Care Facility, which is conditionally permitted in the Very Low Residential District. The Commission's decision was timely appealed by Mr. Knecht. APPLICABLE REGULATIONS: Animal Requlations, Residential Districts Development Code Table 17.08.030-F -A maximum number of 3 dogs on any site within any district is allowed. Young animals born to a permitted animaJ may be kept until weaned or for 4 months. Animal Care Facility Defined Development Code Section 17.02.140-C -"A use providing grooming, housing, medical care, or other services to animals including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor it II kennels, grooming and similar services." CITY COUNCIL STAFF REPORT DRC2004-00093 - STEVE KNECHT April 21,2004 Page 2 Use Re.qulations for Residential Districts Development Code Table 17.08.030 - An animal care facility is conditionally permitted in the Very Iow Residential District. Kennel is not listed in the residential use regulation table. Kennel Defined Development Code Section 17.02.140-C -"Any lot or premises on which five or more dogs over four months old are kept for commercial boarding, breeding or training." Special Use Re.qulations/A.qricultural Uses Development Code Section 17.08.030-E - Prior to development on lots of 2.5 acres or more dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs are conditionally permitted. Use Determination Development Code Section 17.02.040 -The Planning Commission shall determine whether a use not specifically listed as permitted, secondary, accessory, or temporary use in any district shall be deemed a permitted use or conditional use in one or more districts on the basis of similarity to uses specifically listed. The procedure is not an amendment procedure but rather a means for adding new uses to the list of permitted or conditioned uses. The Planning Commission decision may be appealed to the City Council. ANALYSIS: The intent of zoning regulations derived from the City General Plan and Development Code include protection of public health, safety, morals, comfort, convenience, and welfare for the physical, social, and economic stability of land uses. The Development Code also dictates comprehensive and orderly land use and resource planning. Potential odor and noise concerns surface when analyzing long-term impacts of dog breeding or kennel facilities in residential districts. Mr. Knecht's appeal (Exhibit "A") gives no reason why he believes the Commission's decision is wrong, nor does his appeal provide any new information for the Council to consider. City Planner BB:RW/Is Attachments: Exhibit "A" - Appellant's Letter of Appeal dated March 22, 2004 Exhibit "B" - Planning Commission Staff Report dated March 10, 2004 Exhibit "C"- Planning Commission Resolution 04-30 Exhibit "D"- Planning Commission Minutes dated March 10, 2004 Draft Resolution to Deny Appeal for Use Determination DRC2004-00093 March 22, 2004 To: Ci* Clerk ~E City of Rancho Cucamonga 10500 Civic Center Drive R~cho Cucamonga, CA 9172%0807 GITY OF R~G'HO Cl~ CLERK Re: USE DETESTATION DRC2004-00093 To Whom It May Concern: Please allow this document to serve as notification that I wish to appeal the decision of the City Planning Commission from the meeting held March 10, 2004. Thank you, Steve Knecht Exhibit"A" T H E C I T Y OF Ilrl'~ l~AN C H 0 ClJ CAH 0 NGA Staff Report DATE: March 10, 2004 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Marina Lounsbury, Planning Aide SUBJECT: USE DETERMINATION DRC2004-00093 - STEVE KNECHT - A request to determine that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District. BACKGROUND: The applicant, Steve Knecht, recently applied for a Conditional Use Permit (CUP) after being issued a Notice of Violation by the County of San Bernardino-Human Services, Animal Care and Control Services (CSBAC). The violation states that the applicant has more than five dogs on the property without a kennel permit, and either needs to reduce the number of dogs or obtain a kennel permit. The CSBAC officer was at the subject site because of an anonymous complaint call. The applicant was asked to comply within 30 days from the original date of violation. The applicant asked CSBCA for an extension while applying for the Conditional Use Permit. The applicant has lived at this location for approximately four years, and has developed a kennel with six outdoor runs (five are occupied by dogs and one by chickens), and two barns connected by a breezeway to accommodate the dogs. He has ten dogs in five outdoor runs in the backyard. According to the applicant, he breeds dogs to produce one to two litters a year. Prospective buyers come to his home and all pups are sold. The applicant does not have a City Business License or a Home Occupation Permit, and none of the dogs are registered with the San BernardJno County Animal Care and Control Services. The City Planner was notified of a Conditional Use Permit application, for a dog-breeding establishment within the Very Low (.1-2 dwelling units per acre) Residential District area. Because the City Planner does not support this use for that location, he asked for a Use Determination by the Planning Commission. Attached is a letter from the applicant explaining his dog breeding business and background (Exhibit "A"). The applicant wants the City to allow him ten dogs on his property, with outside dog runs, and to continue to have a dog-breeding establishment at his residence, producing one to two litters a year, with the pups remaining on-site until sold. USE DETERMINATION PROCEDURE: A Use Determination is not property specific, rather it applies to all properties within the same zone; therefore, the location, size, and orientation of the applicant's property are not relevant. If the Planning Commission determines that the use should be classified as an Animal Care Facility, then said use would be conditionally permitted on any property within the Very Low (.1-2 dwelling units per acre) Residential District. Exhibit "B" Y/o , / o 7 PLANNING COMMISSION STAFF REPORT USE DETERMINATION - STEVE KNECHT - DRC2004-00093 March 10, 2004 Pa§e 2 The Rancho Cucamonga Municipal Code, Title 17, Development Code, Section 17.02.040 states: "In order to ensure that the Development Code regulations will permit all similar uses in each district, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as permitted, seCOndary, accessory, or temporary use in any district shall be deemed a permitted use or conditional use in one or more districts on the basis of similarity to uses specifically listed. The procedures of this section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. The City Planner shall compare the proposed use characteristics with the General Plan goals and objectives, as well as the purposes of each of the use districts and may determine if the proposed use should be a permitted or conditional use in any of the districts and shall make a report of his findings to the Planning Commission. The Planning Commission shall base its decision upon meeting the following findings: 1. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. 2. The use in question meets the purpose and intent of the district in which it is proposed. 3. The use in question meets and conforms to the applicable goals and objectives of the General Plan." .ANALYSIS: A. Animal Care Facility Defined: The Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.02.140 defines Animal Care Facility as: "A use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, grooming, and similar services." Further clarification is found in the d~finition of a "kennel": "Any lot or premises on which five or more dogs, which are four months old are kept for commercial boarding, breeding, and training." B. Purpose of the Very Low (.1-2 dwellinq units per acre) Residential District: The Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.08.020.A states: "This district is intended as an area for very Iow density single-family residential use, with a minimum lot size of 20,000 square feet and a maximum residential density of up to two units per gross acre." Attached is a list of secondary uses that are permitted or may be conditionally permitted in the Very Low (.1-2 dwelling units per acre) Residential District. The intent that the primary use shall be single-family homes, is further explained by Section 17.08.030.E., which states that the following is a permitted use: "Prior to development, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: Raising, grazing, breeding, boarding, or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the following: Cats and dogs shall be limited to the keeping of no more than four cats and/or four dogs, over four months of age." Later, this section indicates that the following use may be allowed subject to a Conditional Use Permit: "Dog PLANNING COMMISSION STAFF REPORT USE DETERMINATION - STEVE KNECHT - DRC2004-00093 March 10, 2004 Page 3 kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs." Clearly, the intent is that dog breeding is an agricultural use more appropriate on larger lots before development of land to its highest and best use (single- family residential). Nevertheless, as discussed earlier in this report, Animal Care Facility does include kennels. After development, Table 17.08.030 E - Animal Regulations, Residential Districts, states that the maximum number of dogs allowed on any site, regardless of lot size, is three, excluding pups up to four months old. C. Land Use Compatibility: The basic intent of zoning regulations is to separate incompatible uses in order "to protect the public health, safety, morals, comfort, conveniences, and welfare," and to implement the goals of the General Plan. Implicit in this intent is the concept of separation of land uses of marked differences in intensity. The General Plan states: "Our general policy direction has been and continues to be the protection of our single-family residential neighborhoods from development densities and intensities that would significantly diminish the quality of these neighborhoods." Although this report is not addressing a specific Conditional Use Permit request, it is important to note that the most critical issues to assure neighborhood compatibility of a kennel, including a commercial dog breeding operation, are noise and odor. The City regulation is a maximum of three dogs on any residential lot, regardless of size. The applicant has ten dogs which, when barking, can be expected to be louder than three dogs. Likewise, the greater the number of dogs, the greater the potential for odors, from feces and urine. If the Commission determines that Animal Care Facility includes commercial dog breeding, then staff will begin processing the applicant's Conditional Use Permit and address specific impacts and mitigations. RECOMMENDATION: Staff recommends that the Commission determine that a dog breeding business with outside dog runs is not similar to an Animal Care Facility by adopting the attached Resolution of Denial. Respectfully submitted, City Planner BB:ML/jm Attachments: Exhibit "A" - Applicant's letter received January 29, 2004 Exhibit "B" - Site Plan of residence and location of dog runs Exhibit "C" - Copy of Assessor's Map - Site location and surrounding area Exhibit "D" - Development Code Land Use Matrix Exhibit "E" - Development Code Special Land Use Regulations Exhibit "F" - Notice of Violation, issued by CSBAC Exhibit "G" - GIS Site Plan of Surrounding Area Exhibit "H" - Site Photographs Draft Resolution of Denial for Use Determination DRC2004-00093 77 10158 Sun Valley Drive Alta Loma, CA 91737 (909) 980 4713 (home) (310) 332-0919 (work) smknecht@aol.com knechst @voughtaircraft.com City of Rancho Cucamonga Community D6velopment Dept 10500 Civic Center Drive Rancho Cucamonga,CA 91730 To whom it concerns: The attached package is being submitted to request a conditional use permit at our property located at 10158 Sun Valley Drive in Ranch Cucamonga. We are submitting this request due to a violation notice from the county health dept.. They are requiring that we obtain a permit for more than 4 dogs or reduce the number of dogs we own. Them are no complaints on file about our dogs as far as we know. My wife and I have been breeding and showing Golden Retrievers for more than 23 years. We currently have 10 dogs that range from 11 years old to less than 1 year old. All of our dogs are AKC registered and exhibit all the good traits of the breed such o as calm temperament and ease of training. We only breed the highest quality dogs and produce pups that will fit well in a family setting. Typically we have one to two litters per year and always have homes for the pups before they are 8 weeks old. Our property is situated in the "Woods" of Alta Loma and the lot size is 1 1/8 acres The standard lot spacing in thi~ neighborhoodis i/2 acm with many larger lots.' Our lot is fully fenced with six foot high chain link fence on all sides. I have built two small barns - 8 feet x 12 feet to accommodate the dogs. Additionally there are 6 dog runs that are 50 feet long and four feet wide attached to the barns. These runs are 6 foot high chain link fence topped with metal roofs attached to the barns and fencing. The runs also have underground close mesh wire to prevent predators from entering the areas and to positively ensure security for our animals. Large eucalyptus trees provide shade to a big .portion of the runs in addition to the metal roofing. There are two water faucets at the end of the runs as well as overhead lights for added security and utility. The area is cleaned and maintained on a daily basis and no animal waste is allowed to accumulate. This helps ensure the health of our dogs and assures that there is absolutely no waste runoff. The above noted area is in the far north portion of the property as shown on the attached sketches. As can be seen, the closest neighbors are a long distance from the dog runs. The subject area is bordered on the back side by a bridle path and the San Bernardino mountains. In addition, we can provide references as needed about our animals and the veracity of the above statements. Your expeditious review and approval of this request is sincerely appreciated. Sincerely, I 01~-,~ ~ u',U I/',~ ~ £ Y DESCRIPTION] ] , Rancho Cucamonga Development Code Section 17.08.030 Table 17.08.030- Use Regulations for Residential Districts USE VL L LM M MH H A. Residential Uses 1. Single-Family Detached P P P P* 2. Single-Family Attached (du-, tri- an~ p p p p four-plex) 3. Multiple Family Dwellings P* P P P 4. Mobile Home Parks C C C C C. C B. Other Uses ~11 1. Animal Care Facility C 2. Cemetery C C C C C C 3. Chumh C C C C C C 4. CJub, Lodge, Fraternity & Sorority C C C C C 5. College or University C C C C C C ; 6. Convalescent Center C C C C 7. Public Facility' C C C C C C 8. Day Care Facility Accessory - 6 or less P P P P P P Non-Accessory - 7 or more C C C C C C 9. Fire & Police Station C C C C C C 10. Hospital C C C C 11. Outdoor Recreation Facility C C C C C C (non-commercial) 12. Public Park and Playground P P P P P P '~3. Residential Care Facility Accessory - 6 or less P P P P P P Non-Accessory - 7 or more C C C C 14. Schools, Private & Parochial C C C C C C 15. Stable, Commercial C 16. Stable, Private P 17.08-3 R~ancho Cucan. Donga Development Code Section 17.08.030 ~ USE VL L LM M MH H 17. Utility or Service Facility C C C C C C 18. Recreational Vehicle Storage or C C C C C Mini-Storage for public use C. A._ccessory Use.$ 1. Accessory Structure P P P P P P - 2. Antenna P P P P P P 3, Caretaker's Residence C C C C C C 4, Guest House P P P 5. Home Occupation P P P P P P 6, Lodging Unit P P P 7. Other Accessory Uses P P P P P P 8. Private Garage P P P P P P 9. P'rivate Swimming Pool P P P P P P 10, Second Dwelling Unit (including p p p elder cottage) 11. Feed & Tack Store (if accessory to C commercial stable) 12. Dormitory (if accessory to college or C C C C C C school) 13. Uses in Historic Structures C C C C C C D. T__emporary Uses 1, Temporary Uses as prescribed in Section 17,04;070 and subject to P P P P P P those provisions. ~ ~ 2, Temporary trailers'for use in conjunction with religious and C C C C C C agricultural uses for a specified interim period. ~ ...... .~= ......... ;~*-,.-I ~n ~ni~nr'fic~n with oetional development standards only. Note: Symbol * indicates pert conJl Permitted Use Conditional Uae Permit required Special Use Ref:iulations 1. Aqricultural Uses. Prior to development, the following agricultural uses are either ~ermitted or conditionally permitted on lots of 2.5 acres or more: Rancho Cucarnonga Development Code Section 17.08.030 a. Permitted Useg: (1) Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. (2) Raising, grazing, breeding, boarding or training of large or small animals: except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the following: (a) Cats and dogs shall be limited to the keeping of no more than four cats and/or four dogs, over four months of age. (b) Small livestock are allowed with the number of goats, sheep, and similar animals limited to 12 per acre of total gross area, with no more than one male goat. (c) Cattle and horses, including calves and colts over six months of age, with a maximum number of four animals per acre of total gross area. (d) Combinations of the above animals provided the total density on any given parcel shall not exceed that herein specified. (e) In no event shall there be any limit to the permissible number of sheep which may be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble, volunteer, or wild growth and further, where such grazing operation is not conducted for more than four weeks in any six-month pedod. (3) Aviary shall be limited to 50 birds per acre. (4) An apiary is permitted provided that all hives or boxes housing bees shall be placed at least 400 feet from any street, road, highway, public school, park, property boundary, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site. (5) Retail sale of products raised on property excluding retail nursery and sale ' of animals for commercial purposes. ,.~1 b. Conditional Use Permit required: (1) Wholesale distributor and processor of nursery-plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display is prohibited except for nursery-plant stock. {~1 Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs. (3) The raising of chinchilla, nutria, hamsters, guinea pigs, cavy, and similar small animals. Rancho Cucarnonga Development Code Section 17.08. 030 (4) Frog farms. (5) Worm farms. 2. .Animals. Keeping of animal's accessory to residential use shall be limited as follows: a. Number of Animals. The number of animals kept on any site shall not exceed the maximum number and combination of animals allowable as set forth in Table 17.08.030-E. For example, the following combination of animals would be permitted in the Very Low District: two horses, one pony, one cow, four goats, etc. b. Location of Animals. All animals, excluding household pets, shall be kept a minimum distance of 70 feet from any adjacent dwelling, school, hospital or chumh located on any adjoining site. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine horses shall conform to this requirement. c. Deed Restrictions. New subdivision Conditions, Covenants and Restrictions shall not prohibit the keeping of equine animals, where district requirements for the keeping of said animals have been met. Individual lot owners shall have the option of keeping equine animals without the r~ecessity of appealing to boards of directors or homeowner's associations for amendments to CC&R's. A copy of the CC&R's for single-family subdivisions shall be reviewed and approved by the City prior to final map recordation. Except as provided herein above, this section shall not be construed to supersede animal regulations contained in the Conditions, Covenants, and Restrictions of any site or dwelling unit. However, in no case shall private deed restrictions permit animals or numbers of animals beyond those allowable in this section. d. Exotic or Wild Animals. Keeping of exotic or wild animals shall be permitted subject to issuance of a Conditional Use Permit. e. Offsprin.q. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs - 4 months; large animals - 6 months; horses - 12 months). ~ Table 17.08.030-E- Animal Regulations, Residential Districts Minimum Site Maximum Allowable Area Per Number Of Residential Type of Animal Animal(s) Animals On Required An]/SitetA) District 1. Each horse, mule, donkey or pony(E) 10,000 6 VL, L(c) 2. Each large animal other than a horse 20,000 3 VL, L(c) pony, mule, or donkey 3. Each small animal 5,000 6 All 4. Each 5 birds or rodents(D) 5,000(D) 25(D) All 5. Each cat None 3 All -- · 6. Each dog None 3 All 17.08-6 ~ Department of Public Health ~l~ ~-'~S~,5 i ^.l~^, C^.E ~.o co.~o~ s~.v~c~s 606 East Mill Street .... ~.c~~~ ........... Nam Addres ~ -' Kind of Place ~are~er~by notified that you arein vi°lati°n °t ~~~ M~TH E OF VIo~TION~ Please comply with this request within and by ~ ~ ~ ~ _, 20~, to avoid fu~her action. - this violation should be directed to: Questions relative to phone RESOLUTION NO. 04-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (. 1-2 DVVELLING UNITS PER ACRE) RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF. ' A. Recitals. 1. Steve Knecht filed an application for Use Determination DRC2004-00093, for a dog- breeding kennel for ten dogs he has been operating for four years, located at 10158 Sun Valley Ddve. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 10th day of March 2004, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the Use Determination and concluded said meeting on that date. , 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. .Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. The Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission dudng the above- referenced meeting on March 10, 2004, including written and oral staff reports, the Commission hereby specifically finds as follows: a. The use in question is not of a similar intensity to other permitted or conditionally permitted uses in the same district. The purpose and intent of the Development Code, stated in part in Section 17.02.010.C. is "to protect the public health, safety, morals, comfort, conveniences, and welfare." The application applies to property at 10158 Sun Valley Drive in the Very Low (.1-2 dwelling units per acre) Residential District. The Development Code Section 17.08.020.A, states that: 'q'his distdct is intended as an area for very Iow density single-family residential use, with a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre." b. The Development Code Table 17.08.030, lists the secondary permitted and conditionally permitted uses that may be allowed in the Very Low (.1-2 dwelling units per acre) Residential District, and in said Table, "Kennel," "dog kennel" or "dog-breeding kennel" is not listed. Rather, the applicant's dog-breeding kennel is specifically listed as an agricultural use that should onlybe permitted pdor to development. Development Code Section 17.08.030.E., states that the following is a permitted use: "Pdor to development, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: Raising, grazing, breeding, boarding, or training of large or small animals, except concentrated lot feeding and commercial Exhibit "C" PLANNING cOMMISSION RESOLUTION NO. 04-30 USE DETERMINATION DRC2004-00093 - STEVE KNECHT March 10, 2004 Page 2 poultry and rabbit raising enterprises, subject to the following: Cats and dogs shall be limited to the keeping of no more than four cats and/or four dogs, over four months of age." Later, this same section indicates that the following use may be allowed subject to a Conditional Use Permit: "Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs." Therefore, the intent is that dog breeding is an agricultural use more appropriate on lots of 2.5 acres or larger before development of land to its highest and best use (i.e., single-family residential). The proposed site for the use is on a lot smaller than 2.5 acres and already developed with a single-family residence; therefore the property does not qualify to have agricultural uses, such as dog breeding facilities. Therefore, this use is not allowed on the subject property. c. The use in question does not meet the purpose and the intent of the dist~ct in which it is proposed. The application applies to property at 10'158 Sun Valley Drive within the Very Low (.1-2 dwelling units 'per acre) Residential District. The intent is that the pdmary use shall be single-family homes according to Development Code Section 17.08.020.A, which states: "This distdct is intended as an area for very Iow density single-family residential use, with a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre." d. The use in question does not meet and conform to the applicable goals and objectives of the General Plan. The General Plan states: "Our general policy direcUon has been and continues to be the. protection of our single-family residential neighborhoods from development densities and intensities that would significantly diminish the quality of these neighborhoods." The City regulation is a maximum of three dogs on any residential lot, regardless of size. The applicant has ten dogs which, when barking, can be reasonably expected to be louder than three dogs. 3. Based upon. substantial evidence presented to this Commission during the above- referenced meeting on March 10, 2004, including wdtten and oral staff reports, the Commission hereby specifically finds and concludes as follows: a. The application contemplates the keeping and breeding of dogs, currently 10 in number, which exceeds the number of dogs currently permitted or conditionally permitted in the same district. b. The use is in conflict with the uses currently permitted in the Very Low Residential Distdct and is only noted as an agricultural use permitted prior to development on lots of 2.5 acres or more. c. The use is in conflict with the pdmary intent of the Very Low Residential District, which is "for very Iow density single-family residential use." d. The use does not conform to the applicable goals and objectives of the General plan because of the number of dogs being kept and the potential for excessive noise, and possible odor concerns resulting from keeping this number of dogs. 4. Based upon the substantial evidence presented to this Commission during the above referenced meeting and upon specific findings of facts set forth in paragraphs 1,2, and 3 above, this Commission hereby determines that the keeping and breeding of dogs in the Very Low Residential Distdct is not similar to an Animal Care Facility, is not of a similar intensify to other permitted or conditionally permitted uses in the same district, does not meet the purpose or intent of the Very Low Residential District, and does not conform to the goals and objectives of the General Plan. PLANNING COMMISSION RESOLUTION NO. 04-30 USE DETERMINATION DRC2004-00093 ~ STEVE KNECHT March 10, 2004 Page 3 5. The Secretary shall certify to the adoption of this Resolution. I APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:: ~ ~ Rich Macias, Chairman ATTE~ I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do h~reby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted bythe Planning Commission of the City of Rancho Cucamonga, at a ragular meeting of the Planning Commission held on the 10th day of March 2004, by the following vote-to-wit: AYES: cOMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: cOMMISSIONERS: NONE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting March 10, 2004 Chairman Macias called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order'at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Ddve, Rancho Cucamonga, California. Chairman Macias then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Rich Macias, Cdstine McPhail, Lar~y McNiel, Para Stewart ABSENT: None STAFF PRESENT: Brad Bullet, City Planner; Dan Coleman, Principal Planner; Kevin Ennis, Assistant City Attorney; Gall Sanchez, Planning Commission Secretary; Joe Stofa, Associate Planner, Emily Wimer, Assistant Planner ANNOUNCEMENTS Bid Buller, City Planner, gave a bdef ove~iew of the meeting ~rmat and public hearing procass. APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by McNiel, carded 4-0-0-1, to approve the minutes of February 11, 2004. Motion: Moved by Stewart, seconded by McNiel, carded 5-0, to approve the minutes of the Adjourned Meeting of February 25, 2004. DIRECTOR'S REPORTS A. USE DETERMINATION DRC2004-00093 - STEVE KNECHT- A request to determine that a dog breeding establishment with outside runs is similar to an Animal Care Facility within the Very Low Residential District. Dan Coleman, Senior Planner, presented the staff report. Chairman Macias invited public comments. Steve Knecht, 10158 Sun Valley, Rancho Cucamonga, stated his property is a little over an acre and the closest house to the dog runs is approximately 200 feet away. He presented notes that had been signed by the neighbors on either side indicating they have not experienced problems with the dogs. He indicated they have been breeding and showing dogs for about 23 years and a lot of the dogs they have are retired show dogs and they are part of their family. He stated they take the dogs for walks all the time. He said he considers his operation an animal care facility because they always have a standard open option to anyone who buys a dog from them that they will take back the dog at any point because they want to be sure they go to good homes. He said it was his understanding that no one in the City had ever applied for a kennel license. He stated a complaint was made to the County and that started the investigation and the complaint was right after the rites. He thought it might have come from one of the County workers behind his property. He did not think there had been any complaints to the City about their operation. He said he built the kennels to be very secure including fencing over the top because he wants to protect the dogs from predators, as they back up to the mountains. He said he was more than willing to acquire a business license and register all the dogs. Commissioner Fletcher asked if the picture on page A16 of the staff report depicts a neighbor's house. Mr. Knecht stated that was the closest house, and it is over 200 feet. Paul Moore, 13054 23rd Street, Rancho Cucamonga, stated he purchased a dog from Mr. Knecht. He said he takes care of the dogs whenever the Knechts are out of town. He said the dogs are all caged and well taken care of. He indicated the dogs are very tame. He hoped the operation would be allowed to continue. There were no further public comments. Commissioner McNiel felt that this area would be as near to ideal in a residential area for this kind of use if it were permitted. He believed the Municipal Code does not allow the use because of the size of the pamel being less than 2~ acres. He said that although the location may seem good, it can not exist by law. Commissioner Stewart stated that three elements of facts or findings that are necessary: 1) that it meets the intent of the General Plan and the District, 2) that it meets the goals and objectives of the General Plan, and 3) is it a similar use as to what is allowed in the District. She did not feel the application meets those findings. She believed it might have met the findings years ago before the land was developed into acre or ½ acre residential lots. She did not feel it is a compatible land use because the land is already developed. She stated it was disconcerting that tonight's decision would apply to the entire distdct at large. She felt that the proposed use was problematic. She said that to determine this use to be possible with a conditional use permit would mean others could also have a kennel or an animal shelter facility in their back yard. She feared that if a conditional use permit were granted, the Commission would in time be asked to revoke the permit in the future since there had already been an anonymous complaint. Commissioner McPhail concurred. She noted the lot is smaller than the 2% acre size that could be considered. Commissioner Fletcher agreed. He said he does not like to impose on what individuals can do on their own property, but he stated the Commission must look at what is compatible for the rest of the residents. He believed the use is a dog kennel, rather than an animal care facility and any other finding would be a tweaking of the Code to fit one particular circumstance. He said if the Commission were to make a favorable determination, it would mean any other similar size lot could have a similar operation. He noted it was not a question of whether the applicant has a good operation and raises healthy dogs, but is more a use determination. Chairman Macias felt staff did a good job with a straightforward explanation and the Commissioners had addressed the issues with respect to purpose and intent. He noted the Use Determination is for an entire distdct and it is not a site-specific issue. He believed the Commission's role is to be concemed about the preservation of the spidt, purpose, and intent of what the General Plan has in it. Planning Commission Minutes -2- March 10, 2004 Motion: Moved by McNiel, seconded by Fletcher, to adopt the resolution denying Use Determination DRC2004-00093. Motion carded by the following vote: AYES: FLETCHER, MAClAS, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: NONE - carded Brad Buller, City Planner, requested that the City Attorney explain the options available to the applicant. Kevin Ennis, Assistant City Attorney, explained that the Commission approved a resolution denying the Use Determination and the applicant could appeal the decision to the City Council. Mr. Knecht asked if there was a way to bdng the matter before the Planning Commission as a site- specific request. Mr. Bullet explained that the Commission made a determination this evening that the proposed use does not fit the definition or the lot size or the other factors for the Very Low Residential area. He said that means there is no provision for an applicant to even ask for a conditional use permit for that use in that area. Mr. Ennis said the action was a determination on the ability to apply for a conditional use permit and because a use determination had been made by the Commission indicating this is not a use that would be permitted in this particular zone; then the available option would be to appeal the determination, rather than to apply for a conditional use permit. PUBLIC COMMENTS There were no public comments. COMMISSION BUSINESS B. DESIGN AWARDS Dan Coleman, Principal Planner, distributed photographs pleted in 2003. He commented that several months ago, the Commissic projects completed in 2002 and decided it would be best to combine those with the winners for projects completed in 2003. It was the consensus of the Commission that would be turned in to staff to tally. ADJOURNMENT Motion: Moved by McPhail, carded 5-0, to adjourn. The Planning Commission adjoumed at 7:2~ a workshop. The workshop adjourned at 8:00 p.m. and those minutes Secretary Planning Commission Minutes -3- March 10, 2004 R SOL T,ON Od-/£ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Steve Knecht, filed an application for Use Determination DRC2004-00093, for an operating dog-breeding kennel for ten dogs, located at 10158 Sun Valley Drive, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 10th day of March 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed meeting on the application and concluded said meeting on that date. Following the conclusion of the meeting, the Planning Commission adopted its Resolution No. 04-30 denying the application. 3. The decision represented by Planning Commission Resolution No. 04-30 was timely appealed by Mr. Knecht to this Council. 4. On April 21,2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed meeting on the application. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on April 21, 2004, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 04-30, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located in the Very Low (.1-2 dwelling units per acre) Residential District; and b. The use in question is not of a similar intensity to other permitted or conditionally permitted uses in the same district. The purpose and intent of the Development Code, stated in part in Section 17.02.010.C. is "to protect the public health, safety, morals, comfort, conveniences, and welfare." The Development Code Section 17.08.020.A, states that: "This district is intended as an CITY COUNCIL RESOLUTION NO. USE DETERMINATION DRC2004-00093 - STEVE KNECHT April 21,2004 Page 2 area for very Iow density single-family residential use, with a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre." c. The Development Code Table 17.08.030, lists the secondary permitted and conditionally permitted uses that may be allowed in the Very Low (.1-2 dwelling units per acre) Residential District, and in said Table, "Kennel," "dog kennel" or "dog-breeding kennel" is not listed. Rather, the applicant's dog-breeding kennel is specifically listed as an agricultural use that should only be permitted prior to development. Development Code Section 17.08.030.E., states that the following is a permitted use: "Prior to development, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: Raising, grazing, breeding, boarding, or training of large or small animals, except concentrated lot feeding and' commercial poultry and rabbit raising enterprises, subject to the following: Cats and dogs shall be limited to the keeping of no more than four cats and/or four dogs, over four months of age." Later, this same section indicates that the following use may be allowed subject to a Conditional Use Permit: "Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs." Therefore, the intent is that dog breeding is an agricultural use more appropriate on lots of 2.5 acres or larger before development of land to its highest and best use (i.e., single-family residential). The proposed site for the use is on a lot smaller than 2.5 acres and already developed with a single-family residence; therefore the property does not qualify to have agricultural uses, such as dog breeding facilities. Therefore, this use is not allowed on the subject property. d. The use in question does not meet the purpose and the intent of the district in which it is proposed. The application applies to property in the Very Low (.1-2 dwelling units per acre) Residential District. The intent is that the pdmary use shall be single-family homes according to Development Code Section 17.08.020.A, which states: "This district is intended as an area for very Iow density single-family residential use, with a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre." e. The use in question does not meet and conform to the applicable goals and objectives of the General Plan. The General Plan states: "Our general policy direction has been and continues to be the protection of our single-family residential neighborhoods from development densities and intensities that would significantly diminish the quality of these neighborhoods." The City regulation is a maximum of three dogs on any residential lot, regardless of size. The applicant has ten dogs which, when barking, can be reasonably expected to be louder than three dogs. f. The March 22, 2004, appeal letter filed by the applicant, Mr. Knecht, gave no reason why he believes the Commission's decision was wrong, nor did his appeal provide any new facts or other evidence for the Council to consider. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The application contemplates the keeping and breeding of dogs, currently 10 in number, which exceeds the number of dogs currently permitted or conditionally permitted in the same district. b. The use is in conflict with the uses currently permitted in the Very Low Residential District and is only noted as an agricultural use permitted prior to development on lots of 2.5 acres or more. CITY COUNCIL RESOLUTION NO. USE DETERMINATION DRC2004-00093 - STEVE KNECHT April21,2004 Page 3 c. The use is in conflict with the primary intent of the Very Low Residential District, which is "for very Iow density single-family residential use." d. The use does not conform to the applicable goals and objectives of the General plan because of the number of dogs being kept and the potential for excessive noise, and possible odor concerns resulting from keeping this number of dogs. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3, above, this Council hereby denies the appeal, and upholds the action of the Planning Commissionrepresented by Planning Commission Resolution No. 04-30. 5. This Council hereby provides notice to Mr. Steve Knecht, the appellant and original applicant, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Mr. Steve Knecht at the addresses identified in City records. T H E C I T Y 0 F I~ANCHO CUCA~qONGA SmttXeport DATE: June 2, 2004 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingdd Y. Bruce, GIS/Special Districts Supervisor SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2 ZONES 1 & 2 ), SERIES 2003~B. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2003-01 (Improvement Area No. 2 Zones 1 & 2), Series 2003-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. This is the first tax rate submission for this district. BACKGROUND/ANALYSIS On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No. 2), Series 2003-B authorized the district to incur bonded indebtedness in the principal amount of $2,855,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax, and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance o£bonds. The District consists o£ approximately 229 gross acres, of which 82 acres are designated as Improvement Area No. 2 (Zones 1 & 2). The District boundary is located in the eastern part of the City generally west o£ Interstate 15, south o£ Church Street, north of Arrow Route and cast o£ Southern Cali£oruia Edison easement corridor from Arrow Route north, to Foothill Boulevard and Day Creek Boulevard from Foothill Boulevard north, to Church Street. The District is located within the Victoria Community Plan of the City. Page 2 June 2, 2004 City Council Staff Report CFD 2003-01 (Improvement Area No. 2, Zones 1 & 2) Bonds were issued on August 20, 2003 to share in the provision of funds for the acquisition and construction of certain public street improvements, storm drain and flood control and water and sewer improvements to serve property located within the District and a cultural center to be owned by the City, which will include a performing arts center, public library and banquet hall/meeting room. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHiNG ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 2 ZONES I & 2), SERIES 2003-B Recitals WHEREAS, by its Resolution No. 03-031, adopted on February 19, 2003, the City Council of the City o£ Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act o£ 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and established within the District improvement areas designated Improvement Area No. 2, Zones 1 & 2 (the "Improvement Area"); and WHEREAS, at an election held on February 19, 2003, the qualified electors of the Improvement Area No. 2, Zones 1 & 2 unanimously approved the levy o£ a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 699 (the "Ordinance"), adopted on March 3, 2003 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on August 20, 2003, the District delivered its $2,855,000 City of Rancho Cucamonga Community Facilities District No. 2003-01 Improvement Area No. 2, Zones 1 & 2 Special Tax Bonds Series 2003-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of July 1, 2003 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No. 2, Zones 1 & 2 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Year 2004- 2005 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2004-2005 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2004-2005 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. /od, SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2004-2005 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4.'. That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The ~pecial tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. /o7 PASSED, APPROVED, and ADOPTED this day of June 2004. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2, ZONES 1 & 2) SERIES 2003-B EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2004/2005. CLASSIFICATION OF PARCELS Improvement Area No. 2 Each Fiscal Year, all Taxable Property within Zone 1 and Zone 2 of CFD No. 2003-01 (IA No. 2) shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance'with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall equal $2,799 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall equal $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall bc $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall equal $8,480 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall equal $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall be $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone I Special Tax Requirement after the first step has been completed, thc Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one III (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003~01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. Community Facilities District 2003-01 SeWes B l i i I ~ ~ ' ' ~ ! m ~l ~' WilsonAv 8 i Base Line Rd I /V ! I I Foothill Blvd :oothill BIvd Arrow Rt Arrow Rt ! ! ! 8th St ~ ~ > ~ '~ <~ Legend a ~ 6th O l[ ~ CFD 2003-01 Series B C~g" 'hall "~h'¢ ~t ..... nY I~a~i~' r~s °~ ~ ~ ~ ; ~ 0 0.250.5 1 1.5 T H C I T Y 0 F ~AN C 0 C U CA~I ON GA DATE: June 2, 2004 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor S~: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1 ZONES 1, 2 & 3), SERIES 2003-A. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2003-01 (Improvement Area No. 1 Zones 1, 2 & 3), Series 2003-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Commtmity Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. This is the first tax rate submission for this district. BACKGROUND/ANALYSIS On February 19, 2003, an election was held and the property owners within the botmdary of Community Facilities District No. 2003-01 (Improvement Area No. 1), Series 2003-A authorized the district to incur bonded indebtedness in the principal amount of $14,645,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax, and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds. The District consists of approximately 229 gross acres, of which 147 acres are designated as Improvement Area No. 1 (Zones 1, 2 & 3). The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church Street, north of An'ow Route and east of Southern California Edison easement corridor from An'ow Route north, to Foothill Boulevard and Day Creek Boulevard from Foothill Boulevard north, to Church Street. The District is located within the Victoria Community Plan of the City. 115 Page 2 Jtme 2, 2004 City Council Staff Report CFD 2003-01 (Improvement Area No. 1, Zones 1, 2 & 3) Bonds were issued on August 20, 2003 to sham in the provision of funds for the acquisition and construction of certain public street improvements, storm drain and flood control and water and sewer improvements to serve property located within the District and a cultural center to be owned by the City, which will include a performing arts center, public library and banquet hall/meeting room. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map SOLUX ON NO. q-17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 1 ZONES 1, 2 & 3), SERIES 2003-A Recitals WHEREAS, by its Resolution No. 03-031, adopted on February 19, 2003, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and established within the District improvement areas designated Improvement Area No. 1, Zones 1, 2 & 3 (the "Improvement Area"); and WHEREAS, at an election held on February 19, 2003, the qualified electors of the Improvement Area No. 1, Zones 1, 2 & 3 unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 699 (the "Ordinance"), adopted on March 3, 2003 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on August 20, 2003, the District delivered its $14,645,000 City of Rancho Cucamonga Community Facilities District No. 2003-01 Improvement Area No. 1, Zones 1, 2 & 3 Special Tax Bonds Series 2003-A (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of July 1, 2003 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No. 1, Zones 1, 2 & 3 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Year 2004- 2005 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2004-2005 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2004-2005 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2004-2005 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any pementages retained for the expense of making any such collection. PASSED, APPROVED, and ADOPTED this day of June 2004. 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 day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, ttq Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3) SERIES 2003-A EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2004/2005. CLASSIFICATION OF PARCELS Improvement Area No. 1 Each Fiscal Year, all Taxable Property within Zone 1, Zone 2, and Zone 3 of CFD No. 2003-01 (IA No. 1) shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone I classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall equal $4,318 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 120 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall equal $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall be $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $36,294 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. I2/ (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $40,327 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall be $12,817 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 3. ZONE 3 a. Zone 3 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 3 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 3 or (ii) the amount derived by application of the Backup Special Tax for Zone 3. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $10,272 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 3 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall be $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July ! of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amotmt equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Zone 1, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within Zone 1. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 3. ZONE 3 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 3 Special Tax Requirement and levy the Special Tax in Zone 3 until the amount of Special Taxes levied in Zone 3 is equal to the Zone 3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 3 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 3 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 3 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 3 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. EXEMPTIONS 1. ZONE 1 No Special Tax shall be lev~ed on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. In addition, no Special Tax shall be levied on Privately Owned Exempt Parking Property in Zone 2. Furthermore, no Special Tax shall be levied on up to 10.56 Acres of Privately Owned Specific Retail Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property in Zone 2 becomes Privately Owned Specific Retail Property. If the total number of Acres o£ Privately Owned Specific Retail Property exceeds the amount stated above, then the Acres exceeding such total shall be taxed at the applicable rates for Developed Property for Zone 2 as set forth in Section C above and to the extent set forth in Section D above. 3. ZONE 3 No Special Tax shall be levied on Public Property in Zone 3. /25 ~ · .~~ > <~ ~., ,.y,- ,,,,,,= ,.,,o,,,,.,.,,,..,,,."'ommun'°.-=ac;"*;-'sn;-'*r;c*Onn~-n~ : ~ ~ ° : Series A i ! r ............. i ~ ...... 'i ,~ ! !=> i [ il ! ! ! ~ .~i ! i ~ ! m ,~,l __' Wilson Ay '~ 8 Banyan S~\ [ m Base Line Rd I I ! ; : :oothill Blvd Arrow Rt Arrow RI 8th St> P ~' 6th ~ CFD 2003-01 Series A !~ANCiIO CUCAM ONGA Staff Report DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingfid Y. Brace, GIS/Special Districts Supervisor S~: APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1, MASI PLAZA, AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution authorizing an annual levy for the costs incurred in the collection of assessments within Assessment District No. 93-I, Masi Plaza, at the southwest comer of Rochester Avenue and Foothill Boulevard and Reassessment District No. 1999-1. There is no increase to the current rate for fiscal year 2004/2005. BACKGROUND/ANALYSIS Section 8682 of the Government Code authorizes cities to collect an annual assessment fee of a maximum of five pement (5%) of the amount of installments and not to exceed sixteen dollars per parcel assessment for costs incurred in the administration and assessment collection. The requested fee will allow the City to recover funds for collection and management of assessment districts that are applicable to the Improvement Bond Act of 1915. 127 CITY COUNCIL STAFF REPORT ANNUAL LEVY June 2, 2004 Page 2 Rancho Cucamonga's comprehensive management program including record keeping, cost management, payoff calculations, monthly financial reports, debt service schedules, as well as providing information to the public are funded from this fee. This fee is in place now to pay for administration and will allow the City to maintain the current rate and level of service. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachment: Resolution Map A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act o f 1913" being Division 12 of the Streets and Highways Code of the State of California, and has confirmed assessments upon land within various special assessment districts (hereinat~er collectively referred to as the "Assessment Districts"); and WHEREAS, said proceedings provided for and the City did subsequently issue bonds pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, said bonds representing unpaid assessments within the Assessment Districts; and WHEREAS, the City does incur necessary administrative expenses in the collection of the annual installments of the assessment within the Assessment Districts; and WHEREAS, Government Code Section 8682 does authorize the City to establish an assessment surcharge to allow the City to recover its expenses of collection of said assessments; and WHEREAS, the City desires to establish such an assessment surcharge as authorized by said Govemment Code Section 8682. 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.'. Treasurer is hereby directed to add to the aimual installment of assessments within the Assessment Districts a maximum of five percent (5%) of the amount of the installments and of the interest thereon, not to exceed the Treasurer's estimate of the expenses of collection. Said expenses of collection shall include the necessary administrative expenses of the City incurred in providing the County Auditor with current information regarding the ownership or division of the affected lots or parcels of land within the Assessment Districts to ensure the proper entry by the County Auditor in his or her assessment roll and the timely collection of the Assessment installments. Resolution No. Page 2 SECTION 3: The above assessment surcharge, when collected, shall belong to the City and shall cover the expenses and compensation of the Treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments. PASSED, APPROVED, and ADOPTED this __ day of June 2004. 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 Cueamonga, California, at a regular meeting of said City Council held on the __ day of Jtme 2004. Executed this day of June 2003, at Rancho Cucamonga, California. Base Line Rd i ! i I Arrow Rt 8th St> ! Legend > ~ ~'~ City Limits ,o ~6th ~ AD 93-1 c~e~ r~r irllp[~e~ ..... ~' ~r~"on °r g~ra~ a' t° t~ 4th ~ 4th St c=~.~ ~,.~.~ ~.~ .~,~,~. ,~,= ~ ~ = ~ = = 0 0.250.5 1 1.5 Base Line Rd, Rd I ! ! Foothill BlYd BlYd Arrow Rt Arrow Rt I · i ! Legend 8th St> .I ~ City Limits > ~ ~ AD 86-2 P e>' 6th ~ ~, ~ ..... ~ ~ or tim~i~ ~ a~ 4th St ~ [~AN Cll 0 CIICA?I ON GA Staff Report DATE: June 2, 2004 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingfid Y. Bruce, GIS/Special Districts Supervisor SUBJECY: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting an annual special tax levy of $14,369 an acre per parcel to discharge bond obli§atiuns in Community Facilities District No. 93-3 (Foothill Marketplace). Pursuant to Section 53340 and 53358 of thc Government Code M¢llo-Roos Community Facilities District Act o£ 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase ~rom the current tax rate fur fiscal year 2004/2005. BACKGROUND/ANALYSIS On December 1, 1993, an election was held and the property owners within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the district to incur bonded indebtedness in thc principal amount of $4,$25,000. On December 15, 1993, the City Council adopted Ordinance No. 518 authorizing the levy ora special tax in the district. Bonds were issued on March 15, 1994, for the purpose o£ financing the acquisition of certain public improvements that are required £or and will permit the development o£ thc properties within thc district. On June 3, 1999, City Council adopted resolution No. 99-127 authorizing the refunding of special tax bonds for this district. Thc refunding bonds were issued in July, 1999 in the amount of $4,525,000. CITY COUNCIL STAFF REPORT CFD NO. 93-3 (FOOTHILL MARKETPLACE) June 2, 2004 Page 2 While the property owners within the district approved the maximum rate for the special tax at $20,000 per acre, the tax rate that is needed to meet obligations for fiscal year 2004-2005 is adjusted downward to $14,369 per acre. This special tax shall be levied as long as necessary for each parcel of taxable property to pay for the facilities and to discharge bond obligations through the life of the bonds. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Annual Stares Report Map /3¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote fi.om the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2004-2005 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: Resolution No. Page 2 A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. Page 3 PASSED, APPROVED, and ADOPTED this day of June 2004. 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 day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, 137 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 93-3 FOOTHILL MARKETPLACE ANNUAL STATUS REPORT JUNE 2004 Resolution No. Page 5 BACKGROUND On December 15, 1993, the electors within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the District to incur bonded indebtedness in the principal amount of $4,825,000 for the purpose of financing the acquisition of the street, storm drain, sewer and water improvements. The district is bounded on the north by Foothill Blvd., on the east by Etiwanda Ave. and on the west by Interstate 15. The maximum rate has been set at $20,000 per acre. This amount can be levied at a lower rate but cannot exceed the maximum tax rate as set. On July 1, 1999 this district was refunded as part of Rancho Cucamonga Reassessment District No. 1999-1 under the Rancho Cucamonga Public Finance Authority (the "Authority"). The Authority issued bonds to acquire the Acquired Obligations, fund separate reserve funds and pay the costs of issuing the Bonds. The acquired obligations for Community Facilities District 93-3 is the aggregate principal amount of $4,525,000. FISCAL YEAR 2003-2004 The annual tax rate of $14,369 for fiscal year 2004-2005 will provide sufficient funding to pay debt service in the amount of $407,920. Rcsolution No. Page 6 COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $407,920 CITY AND TRUSTEE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY $ 36,820 CONTRACT SERVICES $ 1,500 DELINQUENT ASSESSMENTS $ 0 $446,240 SOURCES: DELINQUENT ASSESSMENTS $ 0 INTEREST REVENUE $ 8,500 TRANSFER IN FROM FUND BALANCE $ 13,850 SPECIAL TAX $423,890 $446,240 $14,369 PER ACRE IqO r-",.=~: ~= =~=o~ ~= = Community Facilities District 93-3 ~-.- E - = ~ > = i i · , , Hillside Rd ! > g ~ ! ~ ~ = ~i · WJl~n Av Banyan St~ ~ = 19th Line Rd I I ! Foothill BlYd BlYd Arrow Rt ~,rrow Rt I 8th S~ ~: ...... J Legend ~ ~= < ~ City Limits (~ c ~ CFD 93-3 ....... ~, r~ation or g~ra~. ~ ~ t~ 4th 4th St A rc=~,~ ...... ~ ,~b,~.,~ ~ ~ ~ ~ ~ = 0 0.250.5 1 1.5 TH E C I ~ Y OF I~ANC 11 O CIJ CA~I O N GA Staff Repolt DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingfid Y. Bruce, GIS/Special Districts Supervisor SUBJECt: APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No. 88-2 (Drainage and Law Enfomement). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate for developed properties for fiscal year 2004/2005 rates. BACKGROUND/ANALYSIS On June 21, 1989, the City Council approved the formation of Community Facilities District No. 88-2 for Drainage Capital Facilities and Law Enforcement services and authorized the annual levy of special taxes to pay debt service on the bonds and cover the costs of police operations and maintenance. The special tax being levied annually for the drainage facilities are in Special Tax A - Drainage Facilities. On April 7, 1994, City Council approved Resolution No. 94-058, authorizing the issuance of bonds. On June 3, 1999, City Council adopted Resolution No.99-127 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July 1999 in the amount of $2,705,000. The special tax was set at 91% of the maximum rate when the district was formed for the developed property. However, the authorized bond refunding adjusted the rate to 78% o£ the maximum special tax for the developed and undeveloped property. The collections from the annual levy will be used to pay debt service through the life of thc bonds. CITY COUNCIL STAFF REPORT CFD NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) June 2, 2004 Page 2 The levy of special taxes annually for the Law Enforcement services are listed in Special Tax B - Law Enforcement. When the City receives the collections, the funds for Special Tax B - Law Enfomement are transferred to the General Fund to offset the Law Enforcement costs. Special Tax A - Drainage Facilities Residential Class I (3590+ S.F.) $735 Residential Class II (3077-3589 S.F.) $544 Residential Class III (2564-3076 S.F.) $408 Residential Class IV (2308-2563 S.F.) $326 Residential Class V (2051-2307 S.F.) $272 Residential Class VI (Less than 2051 S.F.) $190 Undeveloped Property $1,190/acre Special Tax B - Law Enforcement Residential Class I (3590 + S.F) $1.00 Residential Class II (3077-3587 S.F.) $1.00 Residential Class III (2564-3076 S.F.) $1.00 Residential Class IV (2308-2563 S.F.) $1.00 Residential Class V (2051-2307 S.F.) $1.00 Residential Class VI (Less than 2051 S.F.) $1.00 Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map -2- RESOLUTION NO. ~)~' [ 7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Commtmity Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (Drainage and Law Enforcement) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy ora special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2004-2005 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. Resolution No. Page SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding-authorized bonded indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2004. 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 day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2004/2005. SPECIAL TAX "A" - DRAINAGE FACILITIES PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax "A", which arc identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessors's parcel for which property a building permit has been issued as of May 31 of any year. 2. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of Special Tax "A:, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution parposes; or (iii) zoned as open space. TAXING CLASSIFICATIONS AND SPECIAL TAX "A" RATES The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 2004/2005 are as follows: /q7 Resolution No. Page Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $735 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential II $544 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential m $408 per year (2,564-3,076 square feet of dwelling unit living area) * D. Residential Class IV $326 per year (2,308-2,563 se aare feet of dwelling unit living area) * E. Residential Class V $272 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $190 per year (Less than 2,051 square feet of dwelling unit living area) * 2. UNDEVELOPED PROPERTY All Undeveloped Property $1,190 per acre per year ** Resolution No. Page * The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. ** The acreage of an Undeveloped Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. METHOD OF APPORTIONMENT OF SPECIAL TAX "A" Special Tax "A" shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax "A" revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without limitation, payment of debt service on any bonded indebtedness of the Community Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public facilities or debt service; or direct payment for public facilities (CFD Expenses"). The annual levy of Special Tax "A" shall be apportioned as follows: STEP 1: The Community Facilities District shall estimate the amount of CFD Expenses which must be paid for fi.om Special Tax "A" revenues collected during the Fiscal Year for which the Special Tax "A" levy is to be established (the "Required Special Tax "A" Revenue"). STEP 2: That equal percentage of the Special Tax "A" rate, not to exceed 78% of the maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax "A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property. STEP 3: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that percentage of the maximum authorized Special Tax "A" rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A" revenue shall he levied on all Undeveloped Property. Resolution No. Page STEP 4: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to all Developed Property Taxing Classifications necessary to generate such additional Special Tax "A" revenue shall be levied on all Developed Property. STEP 5: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, the Community Facilities District shall: A. Compare (i) the Special Tax "A" rate which would be levied on each Developed Property combining STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax "A". The Base Maximum Special Tax "A" means an amount equal to $0.054 per square foot of the lot or parcel. B. If the product described in (ii) above exceeds the Special Tax "A" rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax "A" rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax "A" revenues to equal the Required Special Tax "A" Revenues. Resolution No. Page SPECIAL TAX "B" - LAW ENFORCEMENT All Developed Property shall be subject to thc levy of Special Tax "B". The authorized Special Tax "B" rates for Fiscal Year 2004/2005 are as follows: Taxing Classification Tax Rate. 1. DEVELOPED PROPERTY A. Residential Class I $1.00 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential Class II $1.00 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential Class III $1.00 per year (2,564-3,076 square feet of dwelling trait living area) * D. Residential Class 1V $1.00 per year (2,308-2,563 square feet of dwelling unit living area) * E. Residential Class V $1.00 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $1.00 per year (Less than 2,051 square feet of dwelling unit living area) * 15/ r-'l=~ ~= -=~ ~ <> <= Community Facilities District 88-2 "" E E '- " ! Hillside R. ~ < ~ ~i Wil~n Av .... ~' 8 I 19th ,--.. Base Line Rd~~ thill Bird ~ Foo I~ p~id~ ~ yo~ her~n The ~r I~AN ClIO CUCAHONGA Staff DATE: June 4, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached resolution setting an annual special tax levy to discharge bond obligations in Community Facilities District No. 84-1 (Day Creek Drainage System). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current tax rate for fiscal year 2004/2005. BACKGROUND/ANALYSIS In 1984 an election was held and the property owners within the boundary of Community Facilities District No. 84-1 (Day Creek Drainage System) authorized the district to incur bonded indebtedness in the principal amount of $20,225,000. Bonds were issued in August of 1985 in the amount of $18,000,000 to finance the construction of the day Creek Channel. In 1986 the area between Milliken, Rochester and Highland and the northerly city limits was annexed into the district. On April 1, 1992, the City Council adopted Resolution No. 92-079 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in May 1992 in the amount of $16,530,000. On Jtme 3, 1999, City Council also adopted Resolution No. 99-126 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July 1999 in the amount of $8,745,000. CITY COUNCIL STAFF REPORT CFD NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) June 2, 2004 The maximum rate for the special tax was set at $550 per acre when the district was formed. Since the formation, the rate has been $350 per acm and the Redevelopment Agency contributes the difference in the rates. The authorized bond refunding in 1992, adjusted the rate to $297.48 for a savings of $52.52 per acre to the property owners. However, the bond refunding in 1999 again adjusted the rate to $268.07 per acre for an additional savings of $29.41 to the property owners. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Annual Status Report Map -2- RESOLUTION NO. ~}/'~t°/tT~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMML~ITY FACILITIES DISTRICT 84-1 (DAY CREEK DRAINAGE SYSTEM) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy ora special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2:. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2004/2005 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: Resolution No. Page A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2004. 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 day of June 2004. Executed this day of June 2004 at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk /57 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) EXItIBIT "A" The Commtmity Facilities District has been divided into two zones: 1. ZONE "A": General areas to be served by the drainage facilities, exclusive of Zone "B". 2. ZONE "B": A limited area, being only partially served by drainage facilities. Zone "B": consists of those properties botmded on the south by FOOTHILL BOULEVARD, on the East by ROCHESTER AVENUE, on the North by BASELINE ROAD, and on the West by MILLIKEN AVENUE. The rate, method and formula for the levy of the special tax for the respective zones, being Zone "A" and Zone "B", are as follows, based upon an estimated bond amount of $18,000,000 payable over a period of twenty (20) years. ZONE "A": $268.07 PER ACRE. ZONE "B": $268.07 PER ACRE FOR 190 ACRES. For the purpose of defining the maximum special Tax, "ACRE" shall mean acres contained in area of the parcel as determined using the acres as shown on the latest San Bernardino County Assessor's maps. CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 84-1 DAY CREEK DRAINAGE SYSTEM ANNUALSTATUSREPORT JUNE 2004 BACKGROUND On June 26, 1984, thc electors within the boundaries of Community Facilities District No. 84-1 (Day Creek Drainage System) authorized the District to incur bonded indebtedness in thc principal amount of $20,225,000. In August 1985 bonds in the amount of $18,000,000 were issued to finance thc construction and installation of public capital drainage facilities to serve and provide drainage protection to all properties located within the boundaries of Community Facilities Dis~ct No. 84-1 (Day Creek Drainage System). In March of 1986 the area bounded on thc west by Milliken Avenue, on the north by thc northerly City limits, on thc cast by Rochester Avenue and on thc south by Highland Avenue was annexed into thc district. The first annual special tax rate of $350 per acre was set by City Council in Fiscal Year 1985/86. This rate bas never been incrcascd in the ensuing fiscal years. However, on May 5, 1992, the City conducted a refunding of this district. Bonds wcrc issued for $16,530,000.00 to cover thc remaining debt. Thc savings from this refunding wcrc passed on to the residents and decreased thc special annual tax from $350 per acre to $297.48 per acre. This district was again refunded on July 1, 1999 as part of the City of Rancho Cucamonga Reassessment District No. 1999-1 under the Rancho Cucamonga Public Finance Authority (the "Authority". The Authority issued bonds to acquire the Acquired Obligations, fund separate reserve funds and pay the costs of issuing the Bonds. The acquired obligation for Community Facilities District 84-1 is the aggregate principal amount of $8,745,000. The savings from this refunding was once again passed on to residents and the special tax is now $268.07 per acre. Under the Loan and Pledge Agreement the Redevelopment Agency contributes sufficient funds each fiscal year, that when combined with the special tax meet the requirements of the annual debt service payment. All phases of construction for the Day Creek Drainage System are completed. The County of San Bemardino administered the construction contract. FISCAL YEAR 2004/2005 The current rate of $268.07 per acre for fiscal year 2004/2005 along with the Redevelopment Agency contribution of $975,000 will provide sufficient funding to pay debt service in the amount of $1,715,120. COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $1,715,120 CITY AND TRUSTEE ADMINISTRATION, $ 146,390 GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES $ 1,500 $1,863,010 SOURCES: DELiNQUENT ASSESSMENTS $ 8,000 INTEREST REVENUE $ 34,000 SPECIAL TAX $ 754,250 REDEVELOPMENT AGENCY $ 975,000 TRANSFER 1N FROM FUND BALANCE $ 91,760 $1,863,010 $268.07 PER ACRE Communities Facilities District 84-1 r ............ ! ?-.-"! ~ ~ =i , > ~ O < ~! i m ~ I ~ ~m m i wim~nAv 19th Base Line Rd ! Foothill i 8th St j Legend > ! < < CFD 84-1 > <~ 0 ~ 6th ~ CFD 84-1 Zone B ~, ~p,. d,= ~ ,,=~h~= ~ r~,~n3 ,~=,~ ~ ~ ~ City Umits ~, ~m~ ~ w,~,,~, rep~tbn or gu~an~e as ~o ~he 4th: ~th St ~ ~ ~ ~ 0 0 250 5 1 1.5 ~ ~n pmv~ ~or (ii) aW a~i~ or ~ion o~umng due ~ ~ T H C I T Y 0 F I~AN C H 0 C U CAI~lO N GA SlaffR DATE: June 2, 2004 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor S~: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3 ZONE 7), SERIES 2001-B WITHOUT AN INCREASE TO THE APPROVED RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2001-01 (Improvement Area No.3 Zone 7), Series 2001-B. Pursuant to Section 53340 and 53358 of the Govermnent Code Mello- Roos Community Facilities District Act o£ 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate. BACKGROUND/ANALYSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area No.3 Zone 7), Series 2001-B authorized the district to incur bonded indebtedness in the principal amount of $935,000. On August 15, 2001 the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001 to share in the financing of public street improvements required for the development of the property within the District, including improvements to Day Creek Boulevard, Victoria Park Lane, Church Street, Foothill Boulevard, Baseline Road and Arbor Way, landscaping improvements within public right-of- way, storm drain and flood control improvements. Page 2 June 2, 2004 City Council StaffReport CFD 2001-01 (Improvement Area 3) The property owners within the district approved the maximum rate for the special tax at $1963.45 per acre. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map RESOLUTION NO. D 4"I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO.3 ZONE 7), SERIES 2001-B Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District an improvement area designated Improvement Area No. 3 (the "Improvement Area"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18, 2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $935,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No. 3 Zone 7 Special Tax Bonds Series 2001-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, debt service will become due and payable on the Bonds during Fiscal Year 2004-2005 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such debt service; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2004-2005 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2004-2005 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2004-2005 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public s~rvices, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, and ADOPTED this day of June 2004. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA No. 3 ZONE 7) SERIES 2001-B EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2004/2005. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within each Zone of Improvement Area No. 3 shall be classified as Taxable or Non-Taxable Property and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE A. The Maximum Special Tax and Taxable Acreage for Taxable Property and Taxable Public Property for each Zone is shown in Table 1. TABLE 1 Zone Taxable Bond Maximum Tax Acreage Share Per Acre Zone 1 - Future RDA 55.00 91.70% $15,230.37 Zone 7 Leggio South 42.74 8.30% $ 1,963.45 B. Assignment of Maximnm Annual Special Tax to Successor Parcels. The Community Facilities District (CFD) Administrator shall assign the Maximum Annual Special Tax to each Successor Parcel as follows: 1) When an Original or Successor Parcel is subdivided, the CFD Administrator shall classify the resulting Successor Parcels as Taxable Parcels or Tax-Exempt parcels using the definitions in the rate and method of apportionment of special tax. 2) If the Successor Parcel is a Taxable Parcel: Calculate the percentage of the taxable Successor Parcels' square footage to the total square footage for all taxable Successor Parcels of that Original or Successor Parcel; then, Multiply this pementage by the Maximum Annual Special Tax assigned to the previous Original Parcel or Successor Parcel. The result of this calculation is the Maximum Annual Special Tax for the Taxable Successor Parcel. C. Taxable Parcels Acquired by a Public Agency Taxable Parcels that are acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax tmless the Special Tax obligation is satisfied pursuant to Section 53317.5 o the Government Code. An exception to this may be made if the Public use planned for a Public Parcel within the CFD is relocated to a Taxable Parcel and the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Pamel. This trading of Parcels will be permitted to the extent that there is no net loss in Maximum Special Tax. It is anticipated that the City will acquire approximately 55 Acres that will be subject to the Special Tax. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No. 3 Special Tax, until the amount of Special Taxes and Improvement Area No. 3 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property in an amount equal to 100% of the applicable Maximum Special Tax; or Second: If less monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied proportionately on each Taxable Parcel at less than 100% of the Maximum Special Tax; provided that the Council may levy an amount in excess of the Special Tax Requirement if all authorized Bonds have not already been issued. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Improvement Area No. 3, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within Improvement Area No.3. District 2001-01 Series 2001-B .... "i ! · w~son Base Line .= Rd ! ! I Foothill BlYd oothill BlYd 2001-B Arrow Rt Rt ! ! 8th St ~ Legend > ~ Ci~ Limits ~ < CFD 2001~1 6th ~ ~ Improvement ~ea 3 Zone 1 ~m~. ...... ~.,.~.~. ~.~ ~ ~ ~ 4th 4th St ~ ~ o > ~ ~ <,~ .~ .................. ~ · ~ · ~ o 0 0.250.5 1 1.5 T H C I T Y 0 F [~AN C 0 C IICA~I O N GA Snarl'Report DATE: June 2, 2004 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Brace, GIS/Special Districts Supervisor S~: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A WITHOUT AN INCREASE TO THE APPROVED RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2001-01 (Improvement Area Nos. 1 & 2), Series 2001-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate. BACKGROUND/ANALYSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and 2), Series 2001-A authorized the district to incur bonded indebtedness in the principal amount of $14,240,000. On August 15, 2001 the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001 to share in the financing of public street improvements required for the development of the property within the District, including improvements to Day Creek Boulevard, Victoria Park Lane, Church Street, Foothill Boulevard, Baseline Road and Arbor Way, landscaping improvements within public right-of- way, storm drain and flood control improvements. 172. Page 2 June 2, 2004 City Council Staff Report CFD 2001-01 (Improvement Area Nos. 1 8,: 2) This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. The levy of special taxes annually for Improvement Area No. 1 and Improvement Area No. 2 are as follows: Improvement Area No. 1 Land Use Description Residential Assigned Class Floor Area Special Tax 1 Single Family Property - > 3,250 sq. ft. $2,100 per residential dwelling unit 2 Single Family Propeay 2,950 to 3,249 sq. ft. $1,684 per residential dwelling unit 3 Single Family Property 2,650 to 2,949 sq. ft. $1,515 per residential dwelling unit 4 Single Family Property 2,350 to 2,649 sq. fl. $1,301 per residential dwelling unit 5 Single Family Property 2,150 to 2,349 sq. ft. $1,217 per residential dwelling unit 6 Single Family Property 1,950 to 2,149 sq. ft. $1,119 per residential dwelling unit 7 Single Family Property < 1,950 sq. ft. $938 per residential dwelling unit 8 Apartmem Property Not Applicable $237 per residential dwelling unit 9 Non Residential Property Not Applicable $8,398 per Acre Improvement Area No. 2 Land Use Description Assigned Special Tax Class 1 Apartment Property $237 per unit 2 Other Residential $10,768 per Acre Property 3 Non-Residential $0.63 per square foot of Non- Property Residential Floor Area Page 3 June 2, 2004 City Council StaffReport CFD 2001-01 (Improvement Area Nos. 1 & 2) Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map RESOLUTION NO. oq' l~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NOS. I & 2), SERIES 2001-A Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District improvement areas designated Improvement Area No. 1 and Improvement Area No. 2 (the "Improvement Areas"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area No. 1 and Improvement Area No. 2 unanimously approved the levy of a special tax against properties in the Improvement Areas (the "Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18, 2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $14,240,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No. 1 and Improvement Area No. 2 Special Tax Bonds Series 2001-A (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No. 1 and Improvement Area No. 2 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, debt service will become due and payable on the Bonds during Fiscal Year 2004-2005 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such debt service; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2004-2005 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2004-2005 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. /75 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2004-2005 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, and ADOPTED this day of June 2004. 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, Califomia, at a regular meeting of said City Council held on the day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, /77 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 1 & IMPROVEMENT AREA NO. 2) SERIES 2001-A EXHIBIT "A" The Resolution establishing the annual special tax re£ers to this Exhibit for an explanation o£the rate and method of' apportionment of the Special Taxes for Fiscal Year 2004/2005. CLASSIFICATION OF PARCELS Improvement Area No. 1 Each Fiscal Year, all Taxable Property within Improvement Area No. 1 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special tax or (ii) the amount derived by application of the Backup Special Tax. (b) Assigned Special Tax The Assigned Special Tax for each Land Use class is shown in Table 1. TABLE 1 Assigned Special Taxes For Developed Property Improvement Area No. 1 Land Use Description Residential Assigned Class Floor Area Special Tax 1 Single Family Property = ? 3,250 sq. fi. $2,100 per residential dwelling unit 2 Single Family Property 2,950 to 3,249 sq. ft. $1,684 per residential dwelling trait 3 Single Family Property 2,650 to 2,949 sq. fi. $1,515 per residential dwelling unit 4 Single Family Property 2,350 to 2,649 sq. ft. $1,301 per residential dwelling unit 5 Single Family Property 2,150 to 2,349 sq. fi. $1,217 per residential dwelling unit 6 Single Family Property 1,950 to 2,149 sq. fi. $1,119 per residential dwelling unit 7 Single Family Property < 1,950 sq. ft. $938 per residential dwelling unit 8 Apartment Property Not Applicable $237 per residential dwelling unit 9 Non Residential Property Not Applicable $8,398 per Acre (c). Multiple Land Use Classes In some instances an assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. (c) Backup Special Tax The Backup Special Tax shall equal $10, 768 per acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of the Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number of residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel. If a final Subdivision includes Assessor's Parcels of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the residential Final Mapped Property. Conversely, the Intermediate Special Tax for each assessor's Parcel of Final Mapped Property planned for non- residential development shall be calculated as 'described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (b) Maximum Special Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10, 768 per Acre. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine thc Special Tax Requirement and levy thc Special Tax, taking into consideration thc levy of the Improvement Area No. 2 (I A No. 2) Special Tax, until the amount of Special Taxes and Improvement Area No. 2 Special Taxes equal the Special Tax Requirement. The Special Tax shall bc levied each Fiscal Year as follows: First:. The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of thc applicable Assigned Special Tax; and the City Council shall be notified by the CFD Administrator that under the terms ofI A No. 2 Rate and Method (RMA), the I A No. 2 Special Tax shall be levied on each Assessor's Parcel ofI A No. 2 Developed Property in an amount equal to 100% of the applicable I A No. 2 Assigned Special Tax; Second: If additional monies are needed to satisfy thc Special Tax Requirement after the first step has bccn completed, the Special tax shall be levied on each assessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and thc City Council shall be notified by thc CFD Administrator that under the terms ofI A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Parcel ofI A No. 2 Final Mapped Property up to 100% of thc I A No. 2 Intermediate Special Tax for I A No. 2 Final Mapped Property, with the levy on Final Mapped Property and I A No. 2 Final Mapped Property being Proportionate; Third.'. If additional monies are needed to satisfy the Special tax Requirement after thc first two steps have been completed, thc Special Tax shall bc levied on each Assessor's Parcel of Undeveloped Property at up $7,500 per acre; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Asscssor's Parcel ofI A No. 2 Underdeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and I A No. 2 Undeveloped Property being Proportionate; Fourth: If additional monies arc needed to satisfy the Special Tax Requirement after the first steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the City Council shall be notified by thc CFD Administrator that under the terms of the I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Parcel ofI A No. 2 Final Mapped Property and I A No. 2 Undeveloped Property at up to 100% of the I A No. 2 Maximum Special Tax for I A No. 2 Final Mapped Property and I A No. 2 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and I A No. 2 Final Mappcd Property and I A No. 2 Undeveloped Property being Proportionate; Fifih: If additional monies arc needed to satisfy thc Special Tax P, equircmcnt after thc first four steps have been completed, then the levy of thc Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the levy of the I A No. 2 Special Tax on each Assessor's Parcel ofI A No. 2 Developed Property whose I A No. 2 Maximum Special Tax is determined through the application of the I A No. 2 Backup Special Tax shall be increased in equal percentages from the I A No. 2 Assigned Special Tax up to the I A No. 2 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and I A No. 2 Developed Property being Proportionate; Sixth.'. If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the Special Tax shall be levied on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Parcel ofI A No. 2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property at up to the I A No. 2 Maximum Special Tax for I A No. 2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and I A No. 2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property being Proportionate. Notwithstanding the above the city Council may, in any Fiscal Year, levy proportionately less than 100% of the Assigned Special Tax and the I A No. 2 Assigned Special Tax in step one (above) when (i) the City Council is no longer required to levy a Special Tax pursuant to steps two through six above and the City Council is no longer required to levy an I A No. 2 Special Tax pursuant to steps two through six (above) of the I A No. 2 RMA in order to meet the Special Tax Requirement; (ii) all authorized I A No. 1 and I A No. 2 Bonds have already been issued or the City Council has covenanted that it will not issue any additional I A No. I and I A No. 2 Bonds (except refunding bonds) to be supported by Special Taxes and I A No. 2 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel or Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within I A No. 1 or I A No. 2, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within I A No. 1 or I A No. 2. CLASSIFICATION OF PARCE!,g Improvement Area No. 2 Each Fiscal Year, all Taxable Property within Improvement Area No. 2 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the Sections III, IV and V below. MAXIMUM SPECIAL TAX RATE 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special tax or (ii) the amount derived by application of the Backup Special Tax. (b) Assigned Special Tax The Assigned Special Tax for each Land Use class is shown in Table 1. TABLE 1 Assigned Special Taxes For Developed Property Improvement Area No. 2 Land Use Description Assigned Special Tax Class 1 Apartment Property $237 per unit 2 Other Residential $10,768 per Acre Property 3 Non-Residential $0.63 per square foot of Non- Property Residential Floor Area (c). Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. (c) Backup Special Tax The Backup Special Tax shall equal $10, 061 per acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of the Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall he multiplied by $7,500. The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number of residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel. If a final Subdivision includes Assessor's Parcels of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the residential Final Mapped Property. Conversely, the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for non- residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (c) Maximum Special Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10, 768 per Acre. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the City Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No. 1 (I A No. 1) Special Tax, until the amount of Special Taxes and Improvement Area No. 1 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% o£the applicable Assigned Special Tax; and the City Council shall be notified by the CFD Administrator that under the terms o£I A No. 1 Rate and Method (RMA), the I A No. I Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Developed Property in an amount equal to 100% of the applicable I A No. 1 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special tax shall be levied on each Aassessor's Parcel o£Final Mapped Property at up to 100% of the Intermediate Special Tax £or Final Mapped Property; and the City Council shall be notified by the CFD Administrator that under the terms o£I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel ofI A No. 1 Final Mapped Property up to 100% of the I A No. 1 Intermediate Special Tax for I A No. 1 Final Mapped Property, with the levy on Final Mapped Property and I A No. 1 Final Mapped Property being Proportionate; Third.'. I£additional monies are needed to satis£y the Special tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel o£ Undeveloped Property at up $7,500 per acre; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel ofI A No. 1 Underdeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and I A No. 1Undeveloped Property being Proportionate; Fourth:. If additional monies are needed to satisfy the Special Tax Requirement after the first steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel ofI A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property at up to 100% of the I A No. 1 Maximum Special Tax for I A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and I A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property being Proportionate; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the levy of the I A No. 1 Special Tax on each Assessor's Parcel ofI A No. 1 Developed Property whose I A No. 1 Maximum Special Tax is determined through the application of the I A No. 1 Backup Special Tax shall be increased in equal percentages from the I A No. 12 Assigned Special Tax up to the I A No. 1 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and I A No. 1 Developed Property being Proportionate; Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel ofI A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property at up to the I A No.1 Maximum Special Tax for I A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and I A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property being Proportionate. Notwithstanding the above the City Council may, in any Fiscal Year, levy proportionately less than 100% of the Assigned Special Tax and the I A No. 1 Assigned Special Tax in step one (above) when (i) the City Council is no longer required to levy a Special Tax pursuant to steps two through six above and the City Council is no longer required to levy an I A No. 1 Special Tax pursuant to steps two through six (above) of the I A No. 1 RMA in order to meet the Special Tax Requirement; (ii) all authorized Bonds have already been issued or the City Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by Special Taxes and I A No. 1 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no cimumstances will the Special Tax levied against any Assessor's Parcel or Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within I A No. 1 or I A No. 2, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within I A No. 1 or I A No. 2. ~ ~ ~ ~ ~ ~ Community Facilities District 2001-01 J'-'i ~ ~ ~= ~ ~ ~ Series 2OO1.A --' I. ~ ;'~ i i Hillside R ~ > I ~ · Wil~n Av Banyan S~ Base Line Rd s Rd I I | Series 2001-A I Foothill Blvd Foothill Blvd Arrow Rt Arrow Rt 8th S~ < ! Legend · '~ ~ ~ C~ty Umits ~o ~' 6th ; CFD 2001~1 ~ ~ ~ ~ Improve~nt Ar~ 1 Improvement 2 TH E CITY OF I~ANCHO CUCAHONGA DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor S~: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting an annual special tax levy of $3,896 an acre per parcel to discharge bond obligations in Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) authorized the district to incur bonded indebtedness in the principal amount of $6,835,000. On December 6, 2000, the City Council adopted Ordinance No. 646 authorizing the levy of a special tax in the district. Bonds were issued on December 21, 2000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken Avenue, Arrow Route Highway and Foothill Boulevard; such street improvements to include but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. CITY COUNCIL STAFF REPORT CFD NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) June 2, 2004 Page 2 The property owners within the district approved the maximum rate for the special tax at $3,896 per acre. On each July 1, commencing July 1, 2002 the Maximum Annual Special tax shall be increased by two percent (2%) of the amount in effect for the previous fiscal year. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through fiscal year 2035q2036. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Annual Status Report Map -2- D q'/'g 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals arc all true and correct. SECTION 2: That the specific rate and amount ofthe special tax to be collected to pay for the costs and expenses for the next fiscal year 2004-2005 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: Resolution No. Page A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and pementages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2004. 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 day of June 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2000-02 RANCHO CUCAMONGA CORPORATE PARK ANNUAL STATUSREPORT JUNE 2004 Resolution No. Page BACKGROUND On November 7, 2000, the electors within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) authorized the District to incur bonded indebtedness in the principal amount of $6,835,000 for the purpose of financing the acquisition of street improvements on public street improvements requked as a condition of approval of development of the property within the proposed district inclnding Milliken Avenue, Arrow Route Highway and Foothill Boulevard; such street improvements to include but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and in'igation improvements; public utilities and appurtenances. The maximum rate has been set at $3,896 per acre. However, on each July 1, commencing July 1, 2002 the Maximum Annual Special tax shall be increased by two percent (2%) of the amount in effect for the previous fiscal year. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through fiscal year 2035-2036. FISCAL YEAR 2004-2005 The annual tax rate for fiscal year 2004-2005 will be $3,974 per acre, and will provide sufficient funding to pay debt service in the amount of $503,510. Resolution No. Page COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $503,510 CITY AND TRUSTEE ADMINISTRATION, $ 48,500 GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES $ 1,500 DELINQUENT ASSESSMENTS $ 0 $553,510 SOURCES: DELINQUENT ASSESSMENTS $ 0 INTEREST REVENUE $ 1,750 FUND BALANCE $ 8,710 SPECIAL TAX $543,050 $553,510 $3,974 PER ACRE r-'i:~ ~:=-=~ o~cd <= <= Community Fac#ities District 2000-02 · ' i [~ !, ~ ...... i 8 Banyan St~ Line Rd I i Arrow Arrow Rt I 8th St ·~ ~ < > Legend o ~, 6th, ~ % City Limits T H E C I T Y OF ]~ANCIIO CUCAHONGA Slaff DATE: June 2, 2004 TO.' Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No. 2000-01 (South Etiwanda). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authgrized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2004/2005. BACKGROUND/ANALYSIS On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-01 (South Etiwanda) authorized the district to incur bonded indebtedness in the principal amount of $1,365,000. On November 15, 2000, the City Council adopted Ordinance No. 645 authorizing the levy of a special tax in the district. Bonds were issued on December 21, 2000, for the purpose of financing the acquisition of certain public facilities that included street, sewer, water, storm drain, landscaping and park improvements that are required for and will permit the development of the properties within the district. The levy of special taxes annually is based on the square footage of the home for residential properties and is based on acreage for non-residential properties. CITY COUNCIL STAFF REPORT CFD NO. 2000-01 (SOUTH ETIWANDA) June 2, 2004 Page 2 Special Tax Land Use Class Residential Floor Area Assigned Facilities Special Tax 1 2,301 Sq. Ft. or greater $500 per unit 2 1,801 - 2,300 Sq. Ft. 475 per unit 3 1,800 Sq. Ft. or less 425 per unit 4 Non-Residential Property $3,700 per Acre Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map -2- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, (hereinafter referred to as the "legislative body of thc local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy ora special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda) (hereinafier referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of Califomia, has authorized the levy ora special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2004/2005 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. Resolution No. Page SECTION 4.'. That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and pementages so collected and from what property collected, and also provide a statement of any pementages retained for the expense of making any such collection. Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2004. 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 day of June, 2004. Executed this day of June 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportioment of the Special Taxes for Fiscal Year 2004/2005. SPECIAL TAX PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax, which are identified as follows: 1. DEVELOPED PROPERTY All parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. 2. UNDEVELOPED PROPERTY All parcels of Taxable Property not classified as Developed Property, Public Property and/or Property owner's Association Property that are not Exempt Property pursuant of section E. TAXING CLASSIFICATIONS AND SPECIAL TAX RATES The taxing classifications for the above Property Categories and the authorized Special Tax rates for Fiscal Year 2004/2005 are as follows: Resolution No. Page Assigned Special Taxes for Developed Proper ,ty Community Facilities District No. 2000-01 Land Use Category, Taxable Residential Floor Area Assigned Special Tax Unit Per Taxable Unit 1. Residential Property Dftg 2,301 sq. ft. or greater $500 2. Residential Property D/U 1,801 sq. ft. - 2,300 sq. ft. $475 3. Residential Property D/U 1,800 sq. ft. or less $425 4. Non-Residential Acre N/A $3,700 Property Backup Special Tax When a Final map is recorded the backup Special tax for the Parcels of taxable Property within such Final map area shall be determined by multiplying $3,700 by the Net Taxable Acreage in such Final Map and dividing such amotmt by the number of Parcels of taxable property (i.e. the number of residential lots) within such Final map. If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for both residential and non-residential construction may be issued, then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels of Table Property for which building permits for non-residential construction may be issued. METHOD OF APPORTIONMENT OF THE SPECIAL TAX As commenced in Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Resolution No. Page First: The Special Tax shall be levied proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second[ If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third.'. If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E, at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel of Taxable Property within the CFD. E. EXEMPTIONS The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property And Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step. < > ~ Community Facilities District 2000 01 ~.-I I i j I r' I > Hillside Ri I Wilson Banyan S~ 'x. 19th ~ Base Line R Line Rd ,.' ? I Arrow ~rrow Rt ! 8th $~> >~ ~ ~ ~: l Legend ,o ~'6th ~ o c ~ ~, City Limits %e ma~, ds~ a~ g~a~ic ~f~a~ ('lnf~mai~') ~ail~le V'~.~ ~-- 2000-01 m~ ~, imam ~ war,=~ ,epms~t.n or ~aranlee as ~o lhe 4th 4th St ~c~nabily a~ t~n~s f~ a pa~ul~ p~ T~ C~y of Ra~o 3 ~ ~ ~ ~ · c~.~ ~, ,~,~ ....... v"~",v.,.~-.~ ~ z E · ~ 0 0.250.5 1 1.5 [~ANCH 0 CUCAM ©NGA Staff Repolt DATE: June 2, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor SUBJECT: APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting an annual benefit assessment levy for the maintenance and/or servicing of a drainage channel within Drainage Area No. 91-2 (Day Canyon Drainage Basin). There is no increase from the current tax rate for fiscal year 2004/2005. BACKGROUND/ANALYSIS On November 6, 1991, City Council adopted Resolution No. 91-331 for the annual levy of benefit assessments for the maintenance and/or servicing ora 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel within Drainage Area No. 91-2, Day Canyon Drainage Basin area. Drainage Area No. 91-2 was a developer-initiated district. Protection of the properties from the overland flows was necessary in order to receive development rights from the City. The costs associated with the maintenance of this district are passed onto the property owners, as they receive special and direct benefit that is distinguishable from the other property owners that are outside the boundary. There are 351 single-family homes within this boundary that receive this benefit. The total annual cost for maintenance is thirty-two thousand, three hundred and fifty- one dollars and sixty-seven cents ($32,351.67) for a total cost to each home of ninety-two dollars and seventeen cents ($92.17) CITY COUNCIL STAFF REPORT DRAINAGE AREA NO. 91-2 (DAY CANYON DRAiNAGE BASiN) June 2, 2004 Page 2 Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Annual Supplement to Final Engineer's Report Map -2- RESOLUTION NO. ~)q"/~q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2004-2005 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris from the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California (commencing with Section 54703), said area of benefit being known and designated as DRAINAGE AREA NO. 91-2 (the "Drainage Area"); and WHEREAS, at this time there has been presented to this City Council a Supplemental Report (the "Supplemental Report") to the Final Engineer's Report Drainage Area No. 91-2 City of Rancho Cucamonga setting forth a description of the proposed service, cost estimate and assessment schedule for fiscal year 2004-2005 (the "Final Engineer's Report"); and WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for fiscal year 2004-2005 and to determine and impose such benefit assessment. 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: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Supplemental Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment; C. The amount of the proposed assessment for each parcel. Resolution No. Page 2 SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer's Report is hereby adopted and has been utilized as the rote and method of apportionment of the benefit assessment to be levied in fiscal year 2004-2005. SECTION 4: That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area are hereby confirmed and levied for fiscal year 2004-2005. SECTION 5: That the above confirmed and levied benefit assessment for fiscal year 2004- 2005 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments. PASSED, APPROVED, and ADOPTED day of June 2004. 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 day of June 2004. Executed this day of June 2004 at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Rex Gutierrez, Councilmember Donald J. Kurth, M.D., Councilmember Robert J. Howdyshell, Councilmember Jack Lam, AICP, City Manager Debra Adams, City Clerk Joe O'Neil, City Engineer JUNE 2004 Resolution No. Page 4 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS Engineer's Report Exhibit A - Description of Service Exhibit B - Cost Estimate Exhibit C - Assessment Schedule Map Resolution No. Page 5 AGENCY: CITY OF RANCHO CUCAMONGA PROJECT: DRAINAGE AREA NO. 91-2 TO: CITY COUNCIL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 This Annual Supplement to the Final Engineer's Report (the "Annual Supplement") for City of Rancho Cucamonga Drainage Area No. 91-2 is hereby submitted consisting of the following documents, pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703. This Annual Supplement is applicable for the ensuing 12-month period, being the fiscal year commencing July 1, 2004 to June 30, 2005. 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the service proposed to be financed through revenue derived from the levy and collection of the annual benefit assessment. 2. COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses. 3. BENEFIT ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Benefit Assessment: The amount of the proposed benefit assessment for each parcel. B. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number. Resolution No. Page 6 No benefit assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and right-of-way shall be subject to assessment only to the extent that it is specifically benefited from the proposed services. Reference is made the Final Engineer's Report as incorporated in Resolution No. 91-331 for a description of the boundaries of the Drainage Area and each parcel therein and for the method of spreading the benefit assessment. Executed this day of June 2004, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA By: Final approval, confirmation, and levy of the annual benefit assessment and all matters in the Annual Supplement was made on the day of June 2004, by adoption of Resolution No. by the City Council. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA A copy of said Assessment Roll and Engineer's Report was filed in the Office of the City Engineer and the City Clerk on the day of June 2004. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Resolution No. Page 7 EXHIBIT A DESCRIPTION OF SERVICE The properties within Drainage Area No. 91-2 are located within the boundaries of the Day Canyon Drainage Basin area. Protection of the properties within the district from overland flows requires the construction of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel. The channel improvements will intercept the overland flows prior to reaching the properties and carry the storm water runoff, sediment, trash, organic material, and related debris to a desilting basin. Each year the sediment, trash, organic material, and other related debris which accumulates in the desilting basin and channel must be removed and transported to an approved spoils site. The services proposed to be financed from the revenue derived from the levy and collection of the annual benefit assessment are as follows: A. Monthly on-site inspections of the desilting basin and channel. B. Bi-monthly weed abatement program for the desilting basin and channel. C. Removal of accumulated sediment, trash, organic material, and other related debris from the desilting basin and channel to an approved spoils site. This service is expected to be provided annually. During times of excessive rainfall, this service may be required more frequently. Resolution No. Page 8 EXHIBIT B COST ESTIMATE FISCAL YEAR 2004-2005 A. Cost of Annual Maintenance Desilting Basin $22,500 Channel $ 6,732 Subtotal $29,232 B. Incidental Expenses City Administration $ 3,120 Subtotal $ 3,120 C. Total Annual Costs $32,352 D. Contribution $0 E. Balance to Assessment $32,260 Resolution No. Page 9 EXHIBIT C ASSESSMENT SCHEDULE WHEREAS, this City Council has previously, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, formed Drainage Area No. 91-2 all in accordance with the provisions of said Act; and, WHEREAS, the Annual Supplement for Fiscal Year 2004-2005 consisting of certain documentation (including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided) has now been prepared. NOW, THEREFORE, the City Engineer, by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following benefit assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the fiscal year 2004-2005. Said costs and expenses are generally as follows: Cost of Maintenance $29,232 Cost of Improvements $ 0 Incidental Expenses $ 3,120 Total Costs $32,352 Contribution/Surplus $ 0 Balance to Assessment $32,352 I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels of land within the area of benefit in proportion to the estimated benefits received, and hereby further state as follows: A. The amount of benefit assessment imposed is specifically related to the benefit of the parcel, which will be derived from the provision of the service to be provided. B. The annual aggregate amount of the total benefit assessment does not exceed the estimated annual cost of providing the service. C. The revenue derived from the benefit assessment shall not be used to pay for the cost of any service other than the service for which the benefit assessment was levied. Resolution No. Page I0 The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned by formula as set forth in. the Final Engineer's Report in accordance with the benefits received from each parcel, and in my op~mon, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement. In the opinion of the undersigned, the benefit assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services. Dated: CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ASSESSMENT PROPERTY AMOUNT OF NUMBER DESCRIPTION. ASSESSMENT 0225-451-01 to 35 351 $32,352.00 0225-451-39 to 46, 49,50,53 Residential 0225-451-55 to 62, 64 Parcels 0225-462-01 to 07 0225-462-12 to 17 0225-463-03, 06 to 33 0225-464-01 to 04, 06, 07 0225-464-19 to 30 0225-471-01 to 58 0225-481-01 to 42 0225-491-01 to 19 0225-561-01 to 34 0225-571-01 to 35 0225-581-01 to 38 0225-681-01 to 03 0225-681-05 to 11 Total $32,352.00 = < ~ ~ > < Benefit Assessment District 91-2 I~'-j" ........................................................ Hillside Rc[ i o ' I ~~ · WilsonAv Banyan 8t~ 1 9th Base Line Rd ?~ F ~ Rd 'I thill Bird ~rrow Rt Arrc Rt 8th St > ~ '~ Legend g m ~ ~ ~ City Limits The ~. data ,~ ~r,~ i,~r~l~ On~r~t~') availabl,~ , ~:~ BAD 91-2 c.~,~.~. ~,~,~.~ ~ ......... ~,~,~.r~ 0, * = ~ ~ = 0 0.250.5 1 1.5