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HomeMy WebLinkAbout2004/11/03 - Agenda Packet "' ' CUCAMONGA fi CITY OF~CHO' '~ '~ "~'. .d? ~ ,'. '7 10500 Civic Center Drive + Rancho Cucamonga, CA 91730-3801 AGENDAS R de'~ elopme t Agency City Council ~GULAR MEETINGS st and 3rd Wednesdays + 7:00 p.m. NOVEMBER 3, 2004 AGENCY~ BOARD & CITY COUNCIL MEMBERS William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tem Rex Gutierrez ............................ Member Robert J. Howdyshell ............... Member Donald J. Kurth, M.D ................ Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 5.30 p,m .... Closed Session .................... Tap~a Conference Room 7 0,0 p~,m.;×,~ Regular Redevelopment Agency Meeting. Council Chambers ;.,~,: .~': ~]-;' .Y 'Regular City Council Meeting ........... Council Chambers INFORMATION FOR THE PUBLIC ~,RANcHO ~ONC~ 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 spokespersen 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.uslwhatsnew.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 NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 1 ~R~.-~cHo HALL, 10500 CIVIC CENTER DRIVE UCAMONG& 1. Roll Call: Alexander __, Gutierrez __, Howdyshell__, Kurth__, and Williams__. B. ANNOUNCEMENTS/PRESENTATIONS C. PUBLIC COMMUNICATIONS I 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 I This is the time and place for reports to be made by members of the City Council on matters not on the agenda. 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 Warrants, Register October 13 through October 25, 2004, 1 and Payroll ending October 24, 2004. for the total amount of $5,107,253.13.. 2. Approval of a Resolution adopting the 2004/2009 Measure "1" Five- 25 Year Capital Improvement Program and Twenty-Year Transportation Plan beginning in Fiscal Year 2004/05 as required for Measure "T' Funds. CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE RESOLUTION NO. 04-327 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2004/2009 MEASURE "1" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND TWENTY- YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 2004/05 FOR THE EXPENDITURE OF MEASURE 'T' FUNDS 3. Approval of a recommendation by the Park and Recreation Commission for street banner applications and schedule for calendar 33 year 2005. 4. Approval of an appropriation of $8,900 into Account No. 1714001- 36 5605 from the Computer Equipment Replacement Fund Balance for the purchase of replacement computer equipment. 5. Approval of a Resolution approving the form of a Joint Community 38 Facilities Financing Agreement by and between the City and the Etiwanda School District (CO 04-172) pertaining to the formation of the Henderson Creek Public Facilities Community Facilities District No. 2004-2 by the Etiwanda School District. RESOLUTION NO. 04-328 40 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA SCHOOL DISTRICT PERTAINING TO THE FORMATION OF THE HENDERSON CREEK PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2004-2 6. Approval of a Community Facilities District Advance and 42 Reimbursement Agreement with Pulte Homes (CO 04-173), acceptance of a deposit of $122,250 to Acct. No. 1618 000 4802 and appropriation of $122,250 to Acct. No. 1618 303 5300. 7. Appreval of a Professional Services Agreement with David Taussig & Associates (CO 04-174) for a special tax consultant services for a 44 proposed Community Facilities District (Rancho Summit) in an amount not to exceed $39,500, to be funded by the Project Developer (Acct. No. 1618 303 5300). 8. Approval of a Professional Services Agreement with Empire Economics (CO 04-175) for market absorption services for a 46 proposed Community Facilities District (Rancho Summit) in an amount not to exceed $12,750, to be funded by the Project Developer (Acct. No. 1618 303 5300). CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS~ CITY 3 ..~RANcHO HALL, 10500 CIVIC CENTER DRIVE __[ ~UGAMONGA 9. Approval of a Professional Services Agreement with Bruce W. Hull & 48 Associates (CO 04-176) to perform appraisal services in conjunction with a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $25,000, to be funded by the project developer (Acct. No. 1618 303 5300). 10. Approval of a Professional Services Agreement with Fieldman, 50 Rolapp & Associates (CO 04-177) for financial advisory services for a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $20,000 for formation services and an amount not to exceed $31,500 for debt issuance services, to be funded by the Project Developer (Acct. No. 1618 303 5300). 11. Approval of a Professional Services Agreement with Best Best & 52 Kreiger, LLP (CO 04-178) for bond counsel services for a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $25,000 for formation services and an amount not to exceed $32,500 for debt issuance services, to be funded by the Project Developer (Acct. No. 1618 303 5300). 12. Approval of a reimbursement of $116,303.07 from Measure I Fund Balance, Account No. 1176303-9612, to CFD 2001-01 Fund Balance, 54 Account No. 1612000-8176, appropriate $116,303.07 to Account No. 16123035650/1442612-0 from CFD 2001-01 (Fund 612) Fund Balance, and approval to increase the award to the Sully-Miller Contract (CO 03-073) in an amount not to exceed $116,303.07. 13. Approval of Improvement Agreements, Improvement Securities and Land Swap Agreement with San Bernardino County Flood Control 57 District (CO 04-179) for Tentative Tract 14759, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. RESOLUTION NO. 04-329 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES FOR TENTATIVE TRACT 14759 RESOLUTION NO. 04-330 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LAND SWAP AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE BENEFIT OF RANCHO CUCAMONGA AND IN CONJUNCTION WITH TRACT 14759 SUBMITTED BY PULTE HOMES CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERSj CITY 4 ..L., 0500 C.v,c CE.T . D.,VE 14. Approval of a Resolution authorizing a correction to the Amendment 61 to the Contract (CO 188) between the City of Rancho Cucamonga and California Public Employees Retirement System. RESOLUTION NO. 04-331 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING A CORRECTION TO THE AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF RANCHO CUCAMONGA 15. Approval to appropriate $405,719.05 to Account No. 64 17053035650/1382705-0 from Fund 705 Fund Balance, and approval to increase the award to the Sully-Miller Contract (CO 03-073) for Community Facilities District 2001-01 in an amount not to exceed $405,719.05, for reconciliation of a previously approved contract change per Council action September 17, 2003. 16. Approval to accept the bids received, authorize expenditure of 67 $88,150 from the Capital Reserve Account 1025001-5650/1497025-0 and authorize an additional appropriation of $32,795 from Capital Reserve Fund Balance into Acct. No. 1025001-5650/1497025-0; award and authorize the execution of a contract (CO 04-180) between the City of Rancho Cucamonga and Golden State Fence Company of Riverside for the removal and replacement of Grand Prix Fire damaged fencing located along the Skyline, Monroe Canyon, Davis and Hermosa Easement Community Equestrian Trails in the amount of $109,950 and authorize the expenditure of a 10% contingency in the amount of $10,995 for a total appropriation of $120,945 to be funded from Capital Reserve Account No. 1025001-5650/1497025-0. 17. Approval of Amendment No. 1 to the Joint Powers Agreement (CO 97-032) creating the California Cities Home Ownership Authority 70 (CCHOA). 18. Approval to accept the bids received and award and authorize the 72 execution of the contract in the amount of $384,100.00 to the apparent Iow bidder, Dominguez General Engineering Contractor (CO 04-181), and authorize the expenditure of a 10% contingency in the amount of $38,410.00 for the Devon Street Storm Drain Improvements from Amhibald Avenue to Malvern Avenue, to be funded from General Drainage Funds, Account No. 11123035650/1341112-0. CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CiTY ..~CHO HALL, 10500 CIVIC CENTER DRIVE __{ ;UCAMONGA 19. Approval to award designated contracts to be specified 80 subcontractors for the construction of the Rancho Cucamonga Cultural Center Project, totaling $2,098,826 and authorize the expenditure of a 5% contingency for each contract, totaling $104,941, to be funded from the following sources: RDA 2004 Tax Allocation Bonds, Acct. No. 2656801-5650/1357660-6314 ($985,399); State Library Grant Funds, Acct. No. 1310602-5650/1357310-6314 ($641,191); County Community Development Block Grant Funds, Acct. No. 1205301-5650/1357205-6314 ($52,471); and Forest City Participation Funds, Acct. No. 1615303-5650/1357615-6314 ($524,706). 20. Approval to accept improvements, release the Faithful Performance 83 Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Parcel Map 16010, located at the southwest corner of 6th Street and Hyssop Drive, submitted by Vineyards East, LLC, and Hyssop Vineyards, LLC. RESOLUTION NO. 04-332 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16010 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 21. Approval to accept the Hermosa Avenue Storm Drain and Street Improvement from 280' north of Base Line Road to Alta Loma 86 Channel, Contract No. 03-082, as complete, approval to appropriate $19,625.53 to Account No. 11763035650/1410176-0 from Measure I Fund Balance, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $3,892,092.51. RESOLUTION NO. 04-333 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HERMOSA AVENUE STORM DRAIN AND STREET IMPROVEMENT FROM 280' NORTH OF BASE LINE ROAD TO ALTA LOMA CHANNEL, CONTRACT NO. 03-082, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 22. Approval to accept improvements, release the Faithful Performance 90 Bond, accept a Maintenance Bond and file a Not[ce of Completion for Improvements for Tract 16344, located on the east side of Archibald, north of Paid Alto, submitted by Magyar Homes, LLC. CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY ~RANcHO HALL, '10500 CIVIC CENTER DRIVE UCAMONGA RESOLUTION NO. 04-334 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16344 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 23. Approval to accept the Electrical Distribution Substation Project, Contract No. 03-104, as complete, retain the Faithful Performance 93 Bend as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1,602,583.15. RESOLUTION NO. 04-335 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ELECTRICAL DISTRIBUTION SUBSTATION PROJECT, CONTRACT NO. 03-104 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. CONSIDERATION OF THE REPEAL OF ORDINANCE 730 96 ADOPTED ON JULY 21, 20041 AND THE ADOPTION OF ORDINANCE NO. 730A REPLACING THE AFOREMENTIONED ORDINANCE APPROVING DEVELOPMENT AGREEMENT DRC2003-00411 BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE LOWER SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0226-083-05, 06, 07, 10, 22, 23, 25 AND 26 AND 0225-084-02.  CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 7 (~,~NCHO HALL, 10500 Civic CENTER DRIVE UGAMONGA ORDINANCE NO. 730A (second reading) 96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TQ 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE LOWER SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, AND REPEALING ORDINANCE NO. 730- APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 2. CONSIDERATION OF AN ORDINANCE TO ADOPT A NEW CHAPTER 3.46 WITHIN TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ELECTRIC RULES AND RATE SCHEDULES AND RELATED REGULATIONS ORDINANCE NO. 736 (second reading) 146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A NEW CHAPTER 3.46 WITHIN TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ELECTRIC RULES AND RATE SCHEDULES AND RELATED REGULATIONS G. ADVERTISED PUBLIC HEARINGS I 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. No items submitted.  CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 8 RANCHO HALL, 10500 Civic CENTER DRIVE CUCAMONGA It H. PUBLIC HEARINGS lhe following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. It I. CITY MANAGER'S STAFF REPORTS I The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. ANNEXATION DRC2003-01051 - TRAIGH PACIFIC - A request to approve the Tax Revenue Exchange for annexation proceedings 148 (LAFCO No. 2970) between the County of San Bernardino and the City of Rancho Cucamonga for approximately 168.77 acres of land within the Etiwanda North Specific Plan, located north of the lower SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, and 21 thru 26 and 0225-084-02 and 03. RESOLUTION NO. 04-336 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BE'I'WEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA, RESULTING FROM THE JURISDICTION CHANGE DESCRIBED BY LAFCO NO. 2970 2. ANNEXATION DRC2002-00865 - RICHLAND PINEHURST - A 157 request to approve the Tax Revenue Exchange for annexation proceedings (LAFCO No. 2967) between the County of San Bernardino and the City of Rancho Cucamonga for approximately 160 acres of land on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue-APN: 0225-083-01, 12, 13, 14, 15, 16 and 20. CITY COUNCIL AGENDA NOVEMBER 3, 2004 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS~ CITY 9 HALL, 10500 CIVIC CENTER DRIVE RESOLUTION NO. 04-337 164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BE'rWEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CiTY OF RANCHO CUCAMONGA, RESULTING FROM THE JURISDICTION CHANGE DESCRIBED BY LAFCO NO. 2967 II 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) 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. II L. PUBLIC COMMUNICATIONS I 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. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 28, 2004, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00215791 10/13/2004 AA EQUIPMENT 144.64 AP - 00215792 10/13/2004 ABC LOCKSMITHS 8.08 AP- 00215792 10/13/2004 ABC LOCKSMITHS 25.00 AP- 00215792 10/13/2004 ABC LOCKSMITHS 82.50 AP-00215793 10/13/2004 ABLAC 16.39 AP- 00215794 10/13/2004 ACCELA 10,268.60 AP - 00215795 10/13/2004 ALEXANDER, CATHERINE 65.00 AP - 00215796 10/13/2004 ALL AMERICAN ASPHALT 230,296.08 AP - 00215796 10/13/2004 ALL AMERICAN ASPHALT -23,029.61 AP- 00215797 10/13/2004 ALL WELDING 85.00 AP - 00215798 10/13/2004 AMERICA WEST LANDSCAPE INC 1,202.13 AP- 00215800 10/13/2004 AMERICAN CLASSIC SANITATION 155.40 AP- 00215801 10/13/2004 ARBOR NURSERY INC 731.79 AP - 00215801 10/13/2004 ARBOR NURSERY INC 600.00 AP - 00215802 10/13/2004 ARCH WIRELESS 2,06T39 AP- 00215803 10/13/2004 ARNOLD FIELDS PAINTING 1,450.00 AP- 00215804 10/13/2004 ASENIO, GLORIA 62.00 AP- 00215805 10/13/2004 ASSI SECURITY 295.00 AP- 00215805 10/13/2004 ASSI SECURITY 135.00 AP- 00215806 10/13/2004 ASSOCIATED GROUP 1,390.59 AP- 00215806 10/13/2004 ASSOCIATED GROUP 72.00 AP - 00215806 10/13/2004 ASSOCIATED GROUP 1,200.00 AP- 00215806 10/13/2004 ASSOCIATED GROUP 1,508.50 AP- 00215806 10/13/2004 ASSOCIATED GROUP 156.00 AP- 00215807 10/13/2004 ASTRUM UTILITY SERVICES 10,885.00 AP - 00215808 10/13/2004 B AND K ELECTRIC WHOLESALE 121.28 AP - 00215808 10/13/2004 B AND K ELECTRIC WHOLESALE -60.66 AP - 00215808 10/13/2004 B AND K ELECTRIC WHOLESALE 132.54 AP - 00215808 10/13/2004 B AND K ELECTRIC WHOLESALE 363.01 AP - 00215808 10/13/2004 B AND K ELECTRIC WHOLESALE 1,089.09 AP- 00215809 10/13/2004 BARELA, DAVID 240.00 AP- 00215810 10/13/2004 BASELINE HARDWARE 94.42 AP - 00215810 10/13/2004 BASELINE HARDWARE -0.68 AP - 00215811 10/13/2004 BOYLE ENGINEERING 18,335.00 AP - 00215812 10/13/2004 BRICKEN AND ASSOCIATES, GORDON 1,100.00 AP- 00215813 10/13/2004 BRODART BOOKS 866.44 AP- 00215813 10/13/2004 BRODART BOOKS 353.45 AP- 00215813 10/13/2004 BRODART BOOKS 934.94 AP - 00215814 10/13/2004 BURR CYCLES INC, JOHN 356.70 AP- 00215814 10/13/2004 BURR CYCLES INC, JOHN 0.06 AP - 00215814 10/13/2004 BURR CYCLES INC, JOHN 465.73 AP - 00215814 10/13/2004 BURR CYCLES INC, JOHN 392.32 AP - 00215814 10/13/2004 BURR CYCLES INC, JOHN 895.34 AP - 00215814 10/13/2004 BURR CYCLES INC, JOHN 559.81 AP - 00215814 10/13/2004 BURR CYCLES INC, JOHN 470.58 AP - 00215815 10/13/2004 BYOUS, ROSSLYN 60.00 AP - 00215816 10/13/2004 C.W. DRIVER CONTRACTORS 20,452.00 AP - 00215818 10/13/2004 CAL DEVELOPMENT LLC. 881.00 AP - 00215819 10/13/2004 CAL PERS LONG TERM CARE 315.92 AP - 00215820 10/i3/2004 CALIFORNIA DEBT & INVESTMENT ADVISORY 415.00 AP- 00215821 10/13/2004 CAMERON WELDING SUPPLY 185.60 AP - 00215821 10/13/2004 CAMERON WELDING SUPPLY 17.92 AP- 00215822 10/13/2004 CAPCA 400.00 User: AHAWORTH - Ann Haworth Page: 1 Current Date: 10/26/20E Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00215823 10/13/2004 CAPIO 2004 CONFERENCE 25.00 AP- 00215824 10/13/2004 CASTILLO, JESSIE 300.00 AP- 00215825 10/13/2004 CENTEX HOMES 5,000.00 AP - 00215826 10/13/2004 CENTRAL CITIES SIGNS INC 290.93 AP- 00215826 10/13/2004 CENTRAL CITIES SIGNS INC 24.24 AP - 00215827 10/13/2004 CHAFI~EY JOINT UNION HS DISTRICT 1,326.00 AP - 00215828 10/13/2004 CHARTER MEDIA 414.40 AP - 00215828 10/13/2004 CHARTER MEDIA 110.40 AP - 00215828 10/13/2004 CHARTER MEDIA 457.60 AP- 00215828 10/13/2004 CHARTER MEDIA 749.60 AP- 00215828 10/13/2004 CHARTER MEDIA 504.00 AP- 00215828 10/13/2004 CHARTER MEDIA 201.60 AP - 00215828 10/13/2004 CHARTER MEDIA 806.40 AP - 00215828 10/13/2004 CHARTER MEDIA 504.00 AP- 00215829 10/13/2004 CITY RENTALS 565.41 AP- 00215830 10/13/2004 CLABBY, SANDRA 1,000.00 AP - 00215831 10/13/2004 CLARKE PLUMBING SPECIALTIES INC. 29.18 AP - 00215831 10/13/2004 CLARKE PLUMBING SPECIALTIES 1NC. 304.48 AP - 00215831 10/13/2004 CLARKE PLUMBING SPECIALTIES INC. 273.63 AP- 00215832 10/13/2004 COLLINS, ROBIN 60.00 AP- 00215833 10/13/2004 COMSERCO INC 471.41 AP - 00215834 10/13/2004 CONCENTRA MEDICAL CENTERS 667.00 AP - 00215834 10/13/2004 CONCENTRA MEDICAL CENTERS 468.00 AP - 00215835 10/13/2004 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 269.38 AP - 00215836 10/13/2004 COPP CRUSHING COP, P, DAN 10.00 AP - 00215836 10/13/2004 COPP CRUSHING CORP, DAN 10.00 AP - 00215836 10/13/2004 COPP CRUSHING CORP, DAN 10.00 AP - 00215836 10/13/2004 COPP CRUSHING CORP, DAN 10.00 AP - 00215836 10/13/2004 COPP CRUSHING CORP, DAN 10.00 AP - 00215836 10/13/2004 COPP CRUSHING CORP, DAN 10.00 AP- 00215837 10/13/2004 CORDURA, PATRICIA 100.00 AP - 00215838 10/13/2004 COSCO FIRE PROTECTION 690.08 AP - 00215839 10/13/2004 COUNTRY ESTATE FENCE CO INC 2,776.52 AP - 00215840 10/13/2004 D 7 CONSULTING INC 4,400.00 AP - 00215841 10/13/2004 DAN GUERRA AND ASSOCIATES 13,030.00 AP - 00215841 10/13/2004 DAN GUERRA AND ASSOCIATES 14,825.00 AP - 00215841 10/13/2004 DAN GUERRA AND ASSOCIATES 17,850.00 AP - 00215841 10/13/2004 DAN GUERRA AND ASSOCIATES 16,220.00 AP - 00215841 10/13/2004 DAN GUERRA AND ASSOCIATES 18,375.00 AP - 00215841 10/13/2004 DAN GUERRA AND ASSOCIATES 6,145.00 AP- 00215842 10/13/2004 DANZO, BRENDA 60.00 AP- 00215843 10/13/2004 DATA QUICK 93.50 AP- 00215844 10/13/2004 DAWSON & ASSOCIATES 1,940.00 AP- 00215845 10/13/2004 DE LEISE, JENAE 519.24 AP - 00215846 10/13/2004 DEL MAR MECHANICAL 140.27 AP- 00215847 10/13/2004 DELTA DENTAL 33,356.96 AP - 00215848 10/i3/2004 DIEIIL EVANS AND COMPANY LLP 350.00 AP - 00215849 10/13/2004 DISPENSING TECHNOLOGY CORPORATION 281.40 AP - 00215851 10/13/2004 DOUBLE D PIPELINE INC 8,829.00 AP - 00215851 10/13/2004 DOUBLE D PiPELINE INC 9,116.00 AP - 00215851 10/13/2004 DOUBLE D PiPELINE INC -9,116.00 AP - 00215852 10/13/2004 EBERHARDT, KAREN 60.00 AP- 00215853 10/13/2004 EMCOR SERVICE 2,713.33 User: AHAWORTH - Ann Haworth Page: 2 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 0,~ Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP- 00215854 10/13/2004 EMERICK, JOANNE 16.00 AP- 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 71.10 AP- 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 80.20 AP - 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 407.58 AP - 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 318.94 AP- 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 476.27 AP- 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 103.90 AP - 00215855 10/13/2004 EWING IRRIGATION PRODUCTS 111.22 AP- 00215856 10/13/2004 EXPERIAN 50.00 AP - 00215857 10/13/2004 F S MOTOR SPORTS INC 85.00 AP- 00215858 10/13/2004 FAHIE, VAUGHN 250.00 AP - 00215859 10/13/2004 FARRAR, JACK1E 65.00 AP - 00215860 10/13/2004 FEDERAL EXPRESS CORP 33.06 AP- 00215861 10/13/2004 FELIX, ADRIAN 40.00 AP - 00215862 10/13/2004 FILARSKY AND WATT 3,950.00 AP - 00215863 10/13/2004 FINESSE PERSONNEL ASSOCIATES 672.00 AP - 00215863 10/13/2004 FINESSE PERSONNEL ASSOCIATES 408.00 AP - 00215863 10/13/2004 FINESSE PERSONNEL ASSOCIATES 544.00 AP - 00215863 10/13/2004 FINESSE PERSONNEL ASSOCIATES 364.50 AP - 00215863 10/13/2004 FINESSE PERSONNEL ASSOCIATES 840.00 AP - 00215863 10/13/2004 FINESSE PERSONNEL ASSOCIATES 544.00 AP- 00215866 10/13/2004 FISHER SCIENTIFIC 599.88 AP - 00215867 10/13/2004 FLYNN, HEATHER 65.00 AP - 00215868 10/13/2004 FORTE, DEANA 60.00 AP - 00215869 10/13/2004 FUKUSHIMA, JUDITH 2,415.00 AP - 00215870 10/13/2004 FURUTAN, LAILAE 55.00 AP- 00215871 10/13/2004 GAIL MATERIALS 474.10 AP- 00215871 10/13/2004 GAlL MATERIALS 474.10 AP - 00215872 10/13/2004 GARNER, CATHLEEN 42.00 AP - 00215873 10/13/2004 GIEBYS FENCING MATERIALS 200.00 AP- 00215874 10/13/2004 GILLI, CHRIS 83.91 AP - 00215875 10/13/2004 GONZALES, CARLOS 120.00 AP - 00215876 10/13/2004 GREEN ROCK POWER EQUIPMENT 174.40 AP - 00215876 10/13/2004 GREEN ROCK POWER EQUIPMENT 227.41 AP - 00215876 10/13/2004 GREEN ROCK POWER EQUIPMENT 30.01 AP - 00215877 10/13/2004 HARALAMBOS BEVERAGE COMPANY 471.61 AP- 00215878 10/13/2004 HARRIS, SHALEEN 210.00 AP - 00215879 10/13/2004 HARRISON, MARK 150.00 AP- 00215880 10/13/2004 HELN, PAT 513.50 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 72.00 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 214.42 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 171.32 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 59.92 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 55.25 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 40.28 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 150.89 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 67.54 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 193.79 AP - 00215881 10/13/2004 HOME DEPOT CREDIT SERVICES 229.49 AP - 00215883 10/13/2004 HOYT LUMBER CO., SM 145.63 AP - 00215883 10/13/2004 HOYT LUMBER CO., SM 230.60 AP- 00215884 10/13/2004 HUANG, PRUDENCE 1,200.00 AP- 00215885 10/13/2004 HUB CONSTRUCTION SPECIALITIES INC 251.81 User: AHAWORTH - Ann Haworth Page: 3 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~'~ Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00215887 10/13/2004 HUMANE SOCIETY OF SAN BERNARDINO VALI 75.00 AP - 00215888 10/13/2004 INDUSTRIAL SUPPLY COMPANY 116.90 AP - 00215889 10/13/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00215889 10/13/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00215889 10/13/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00215889 10/13/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP- 00215890 10/13/2004 INLAND VALLEY DAILY BULLETIN 214.34 AP- 00215891 10/13/2004 INTERNATIONAL CODE COUNCIL 280.00 AP - 00215892 10/13/2004 INTRAVAIA ROCK AND SAND 301.70 AP - 00215893 10/13/2004 IRON AGE CORPORATION 116.32 AP - 00215893 10/13/2004 IRON AGE CORPORATION 224.01 AP - 00215893 10/13/2004 IRON AGE CORPORATION 3,500.00 AP - 00215893 10/13/2004 IRON AGE CORPORATION 28.04 AP- 00215893 10/13/2004 IRON AGE CORPORATION 300.00 AP- 00215894 10/13/2004 ISA 405.00 AP - 00215895 10/13/2004 J D C INC 66,593.60 AP- 00215895 10/13/2004 JD CINC 11,535.08 AP- 00215896 10/13/2004 JOBS AVAILABLE 198.72 AP- 00215897 10/13/2004 JONES, BOB 1,920.00 AP- 00215898 10/13/2004 KING, BRENDA 130.00 AP- 00215899 10/13/2004 KLEINI~LDER INC 484.50 AP- 00215901 10/13/2004 KNOTTS BERRY FARM 1,664.00 AP - 00215902 10/13/2004 KOCH MATERIALS COMPANY 234.78 AP - 00215904 10/13/2004 LEHIGH SAFETY SHOE COMPANY 150.00 AP - 00215904 10/13/2004 LEHIGH SAFETY SHOE COMPANY 455.00 AP - 00215906 10/13/2004 LEWIS OPERATING CORP 1.00 AP - 00215907 10/13/2004 LILBURN CORPORATION 8,388.90 AP- 00215908 10/13/2004 LOPEZ, DES1REE 60.00 AP- 00215909 10/13/2004 LOPEZ, ROBERT 30.00 AP - 00215910 10/13/2004 M & M COURT REPORTERS INC 400.00 AP - 00215911 10/13/2004 MAIN STREET SIGNS 53.88 AP - 00215912 10/13/2004 MARIN CAL-SLA, COUNTY OF 3,600.00 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 3,514.87 AP - 00215913 t0/13/2004 MARIPOSA HORTICULTURAL ENT INC 4,842.27 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 1,205.51 AP- 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 2,768.76 AP- 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 124.63 AP- 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 17,714.63 AP- 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 8,398.60 AP- 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 4,842.27 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 2,768.76 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 8,287.69 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 1,205.51 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 3,514.87 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 124.63 AP - 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT INC 8,398.60 AP - 00215913 10/i3/2004 MARIPOSA HORTICULTURAL ENT INC 17,714.63 AP ~ 00215913 10/13/2004 MARIPOSA HORTICULTURAL ENT 1NC 8,28T69 AP- 00215914 10/13/2004 MARTINEZ, SUSAN 64.70 AP- 00215915 10/13/2004 MCI 604.72 AP- 00215916 10/13/2004 MIJAC ALARM COMPANY 96.00 AP- 00215916 10/13/2004 MIJAC ALARM COMPANY 96.00 AP - 00215917 I0/13/2004 MILLER, TERESA 60.00 User: AHAWORTH - Ann Haworth Page: 4 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~! Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP- 00215918 10/13/2004 MMASC 30.00 AP- 00215918 10/13/2004 MMASC 90.00 AP- 00215919 10/13/2004 MORIN, SUSAN 43.00 AP - 00215920 10/13/2004 MOSS, APRIL 37.95 AP - 00215921 10/13/2004 MOUNTAIN VIEW GLASS AND MIRROR 80.00 AP - 00215922 10/13/2004 MOUNTAIN VIEW INLAND POOL 47.19 AP - 00215923 10/13/2004 MOUNTAIN VIEW SMALL ENG REPAIR 34.43 AP - 00215923 10/13/2004 MOUNTAIN VIEW SMALL ENG REPAIR 12.91 AP - 00215923 10/13/2004 MOUNTAIN VIEW SMALL ENG REPAIR 63.21 AP - 00215925 10/13/2004 NAPA AUTO PARTS 25.19 AP - 00215925 10/13/2004 NAPA AUTO PARTS 50.38 AP - 00215925 10/13/2004 NAPA AUTO PARTS 31.64 AP ~ 00215925 10/13/2004 NAPA AUTO PARTS 135.89 AP- 00215925 10/13/2004 NAPA AUTO PARTS 70.55 AP- 00215925 10/13/2004 NAPA AUTO PARTS 17.75 AP- 00215925 10/13/2004 NAPA AUTO PARTS 34.21 AP- 00215926 10/13/2004 NATIONAL DEFERRED 12,679.18 AP- 00215927 10/13/2004 NATIONS RENT 53.88 AP- 00215927 10/13/2004 NATIONS RENT 61.96 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS INC 15,363.40 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS 1NC 275.00 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS INC 100.00 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS INC 250.00 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS INC 150.00 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS INC 200.00 AP - 00215928 10/13/2004 NEC BUSINESS NETWORK SOLUTIONS INC 1,150.00 AP - 00215929 10/13/2004 NEW'PORT PRINTING SYSTEMS 46.28 AP - 00215929 10/13/2004 NEWPORT PRINTING SYSTEMS 46.28 AP - 00215930 10/13/2004 NIKPOUR, MOHAMMED 150.00 AP - 00215931 10/13/2004 NINYO AND MOORE GEOTECHNICAL 6,649.00 AP - 00215931 10/13/2004 NINYO AND MOORE GEOTECHNICAL 1,828.25 AP - 00215932 10/13/2004 O C B REPROGRAPHICS INC 296.31 AP - 00215932 10/13/2004 O C B REPROGRAPHICS INC. 226.92 AP - 00215932 10/13/2004 O C B REPROGRAPHICS INC 61.20 AP - 00215932 10/13/2004 O C B REPROGRAPHICS INC 306.44 AP - 00215933 10/13/2004 OFFICE DEPOT 443.37 AP- 00215933 10/13/2004 OFFICE DEPOT 33.19 AP - 00215933 10/13/2004 OFFICE DEPOT 310.19 AP- 00215933 10/13/2004 OFFICE DEPOT 63.21 AP - 00215933 10/13/2004 OFFICE DEPOT 210.61 AP - 00215935 10/13/2004 OWEN ELECTRIC 296.31 AP - 00215936 10/13/2004 PA[Z, RONALDO 60.00 AP - 00215937 10/13/2004 PARAGON BUILDING PRODUCTS INC 89.85 AP - 00215940 10/13/2004 PERVO PAINT CO 226.28 AP - 00215941 10/13/2004 PETES ROAD SERVICE INC 75.00 AP - 00215942 10/13/2004 PETPRO PRODUCTS INC 618.21 AP - 00215943 .10/13/2004 PRE-PAID LEGAL SERVICES INC 6.81 AP - 00215944 10/13/2004 PROTECTION SERVICE INDUSTRIES L.P. 367.81 AP - 00215945 10/13/2004 PROTECTION SERVICE INDUSTRIES L.P. 99.37 AP - 00215945 10/13/2004 PROTECTION SERVICE INDUSTRIES L.P. 1,003.82 AP - 00215945 10/13/2004 PROTECTION SERVICE INDUSTRIES L.P. 198.74 AP - 00215945 10/13/2004 PROTECTION SERVICE INDUSTRIES L.P. 698.07 AP- 00215946 10/13/2004 QWEST 8.53 User: AHAWORTH - Ann Haworth Page: 5 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout a~' Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00215947 10/13/2004 RAMOS, ERICA 16.88 AP- 00215949 10/13/2004 RCPFA 6,287.69 AP - 00215950 10/13/2004 RED WING SHOE STORE 140.05 AP - 00215950 10/13/2004 RED WING SHOE STORE 150.00 AP - 00215950 10/13/2004 RED WING SHOE STORE 161.62 AP - 00215950 10/13/2004 RED WING SHOE STORE 150.00 AP- 00215953 10/13/2004 ROYSTER, RAY 1,558.00 AP- 00215954 10/13/2004 RUSSELL, BETH 80.00 AP- 00215955 10/13/2004 SAINE, RANDY 60.00 AP - 00215957 10/13/2004 SAN BERNARDINO COUNTY 38,000.00 AP - 00215958 10/13/2004 SAN BERNARDINO CTY SHERIFFS DEFT 143.28 AP - 00215959 10/13/2004 SAN BERNARDINO, CITY OF 600.00 AP q 00215959 10/13/2004 SAN BERNARDINO, CITY OF 150.00 AP - 00215960 10/13/2004 SAN DIEGO ROTARY BROOM CO INC 509.62 AP- 00215961 10/13/2004 SBC 56.06 AP- 00215961 10/13/2004 SBC 56.06 AP-00215961 10/13/2004 SBC 4,904.55 AP - 00215962 10/13/2004 SCHOLL, STEVEN 200.00 AP - 00215963 10/13/2004 SEQUEL CONTRACTORS 1NC 297,072.50 AP- 00215963 10/13/2004 SEQUEL CONTRACTORS INC 148,109.76 AP- 00215963 10/13/2004 SEQUEL CONTRACTORS INC -14,810.98 AP - 00215963 10/13/2004 SEQUEL CONTRACTORS RqC -29,707.25 AP - 00215964 10/13/2004 SHERIFFS COURT SERVICES 75.00 AP - 00215965 10/13/2004 SHOETERIA 145.45 AP - 00215965 10/13/2004 SHOETERIA 150.00 AP q 00215965 10/13/2004 SHOETERIA 130.91 AP- 00215965 10/13/2004 SHOETERIA 145.44 AP- 00215965 10/13/2004 SHOETERIA 125.43 AP- 00215966 10/13/2004 SIGN SHOP, THE 161.63 AP - 00215967 10/13/2004 SIGNET TESTING LABS INC 2,082.00 AP - 00215968 10/13/2004 SILVER, EDNA 390.00 AP - 00215969 10/13/2004 SIMPLOT PARTNERS 3,855.30 AP - 00215969 10/13/2004 SIMPLOT PARTNERS 4,477.34 AP- 00215969 10/13/2004 SIMPLOT PARTNERS 431.86 AP- 00215969 10/13/2004 SIMPLOT PARTNERS 1,187.62 AP- 00215970 10/13/2004 SOCIAL VOCATIONAL SERVICES 200.00 AP - 00215970 10/13/2004 SOCIAL VOCATIONAL SERVICES 400.00 AP- 00215970 10/13/2004 SOCIAL VOCATIONAL SERVICES 1,012.50 AP - 00215970 10/13/2004 SOCIAL VOCATIONAL SERVICES 1,087.50 AP- 00215970 10/13/2004 SOCIAL VOCATIONAL SERVICES 300.00 AP - 00215970 10/13/2004 SOCIAL VOCATIONAL SERVICES 300.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.25 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.72 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.92 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.50 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 88.88 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 7t.34 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 110.06 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 15.50 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 124.51 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.14 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.56 AP- 00215979 i0/13/2004 SOUTHERN CALIFORNIA EDISON 16.50 User: AHAWORTH - Ann Haworth Page: 6 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ! Time: · 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through t0/25/2004 Check No. Check Date Vendor Name Amount AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 77.16 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.22 AP - 00215979 t0/13/2004 SOUTHERN CALIFORNIA EDISON 88.85 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 28.72 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.42 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 19.97 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 343.53 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 62.54 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDIS ON 4,094.35 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 56.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 137.48 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 93.23 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.75 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 28.30 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 14.84 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.25 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 274.23 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 68.07 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.61 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDIS ON 15.00 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIAEDISON 15.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.50 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 518.25 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDIS ON 16.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 220.96 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 45.77 AP - 00215979 10/13/2004 S OUTHEi~N CALIFORNIA EDISON 68.41 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 226.77 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDIS ON 16.14 AP - 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Ann Haworth Page: 7 Current Date: 10/26/20E Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 14:27:4 / CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.45 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 96.45 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.25 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 15.00 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 139.50 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 92.33 AP - 00215979 10/13/2004 S OUTHI~2RN CALIFORNIA EDISON 157.03 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 135.93 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 16.92 AP - 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 23.40 AP- 00215979 10/13/2004 SOUTHERN CALIFORNIA EDISON 131.66 AP - 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00216011 10/14/2004 CUCAMONGA VALLEY WATER DISTRICT 567.28 AP- 00216011 10/14/2004 CUCAMONGA VALLEY WATER DISTRICT 178.58 AP- 00216014 10/i4/2004 VERIZON 390.82 AP-00216014 10/14/2004 VERIZON 321.09 AP- 00216014 10/14/2004 VERIZON 322.68 AP- 00216014 10/14/2004 VERIZON 59.89 AP- 00216014 10/14/2004 VERIZON 28.22 User: AHAWORTH - Ann Haworth Page: 12 Current Date: 10/26/20C Report:CK_AGENDA_REG_POR'I~RAIT_RC - CK: Agenda Check Register Portrait Layout 1/'~ Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP- 00216014 10/14/2004 VERIZON 130.34 AP- 00216014 10/14/2004 VERIZON 55.59 AP- 00216014 10/14/2004 VERIZON 88.71 AP-00216014 10/14/2004 VERIZON 47.87 AP- 00216014 10/14/2004 VERIZON 82.88 AP- 00216014 10/14/2004 VERIZON 47.14 AP-00216014 10/I4/2004 VERIZON 42.61 AP-00216014 10/14/2004 VERIZON 77.59 AP- 00216014 10/14/2004 VERIZON 205.77 AP-00216014 10/14/2004 VERIZON 571.56 AP-00216014 10/14/2004 VERIZON 29.66 AP- 00216014 10/14/2004 VERIZON 465.02 AP- 00216014 10/14/2004 VERIZON 465.02 AP- 00216014 10/14/2004 VERIZON 29.66 AP-00216014 10/14/2004 VERIZON 465.02 AP-00216014 10/14/2004 VERIZON 0.52 AP-00216014 10/14/2004 VERIZON 402.02 AP-00216014 10/14/2004 VERIZON 59.08 AP - 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00216014 10/14/2004 VERIZON 90.15 AP- 00216014 10/14/2004 VERIZON 91.60 User: AHAWORTH - Ann Haworth Page: 13 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~,~ Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date yendor Name Amount AP- 00216014 10/14/2004 VERIZON 91.60 AP-00216014 10/14/2004 VERIZON 91.60 AP - 00216014 10/14/2004 VERIZON 90.15 AP- 00216014 10/14/2004 VERIZON 30.32 AP- 00216014 10/14/2004 VERIZON 91.60 AP- 00216014 10/14/2004 VERIZON 91.60 AP- 00216014 10/14/2004 VERIZON 91.60 AP-00216014 10/14/2004 VERIZON 91.60 AP- 00216014 10/14/2004 VERIZON 91.60 AP- 00216014 10/14/2004 VERIZON 27.84 AP- 00216014 10/14/2004 VERIZON 91.60 AP- 00216014 10/14/2004 VERIZON 90.15 AP-00216014 10/14/2004 VERIZON 29.30 AP- 00216014 10/14/2004 VERIZON 28.66 AP- 00216015 10/14/2004 VERIZON 1,151.33 AP - 00216017 10/20/2004 A AND R TIRE SERVICE 9,902.72 AP- 00216018 10/20/2004 ABLAC 273.17 AP - 00216021 10/20/2004 AEF SYSTEMS CONSULTING INC 1,925.00 AP - 00216023 10/20/2004 ALLEN, SYLVESTER R 113.70 AP - 00216024 10/20/2004 ALLEN, TED 18.00 AP - 00216025 10/20/2004 ALLIED PLUMBING 22.70 AP - 00216027 10/20/2004 ALTA LOMA ONE AND TWO JOINT VENTURE 129,211.89 AP - 00216029 10/20/2004 AMAZON.COM CREDIT 71.17 AP - 00216030 10/20/2004 AMERICAN LANDSCAPE INC 77,897.24 AP - 00216031 10/20/2004 AMERICAN RED CROSS 30.00 AP - 00216032 10/20/2004 ANDRADE, SARAH 40.00 AP - 00216033 10/20/2004 ARROWHEAD CREDIT UNION 30.64 AP- 00216033 10/20/2004 ARROWHEAD CREDIT UNION 1,146.59 AP - 00216033 10/20/2004 ARROWHEAD CREDIT UNION 80.78 AP - 00216033 10/20/2004 ARROWHEAD CREDIT UNION 96.70 AP - 00216033 10/20/2004 ARROWI-IEAD CREDIT UNION 50.00 AP - 00216034 10/20/2004 ARTHRITIS FOUNDATION 45.00 AP - 00216035 10/20/2004 ARTHRITIS FOUNDATION 60.00 AP - 00216036 10/20/2004 ASCE CONTINUING EDUCATION/MEMBERSHIP 240.00 AP - 00216037 10/20/2004 ATK1NS, CHRISTINA 35.00 AP - 00216039 10/20/2004 BAKER, SHARI 600.00 AP - 00216040 10/20/2004 BARNES AND NOBLE 38.78 AP - 00216041 10/20/2004 BEARD PROVENCI-IER AND ASSOC 11,340.00 AP - 00216043 10/20/2004 BELAIRE-WEST LANDSCAPE INC 56,758.00 AP - 00216043 10/20/2004 BELAIRE-WEST LANDSCAPE 1NC -5,675.80 AP - 00216044 10/20/2004 BENSON, MAURY 600.00 AP - 00216045 10/20/2004 BLUECRANE INC 7,250.00 AP- 00216046 10/20/2004 BODY SHOTS 1,366.75 AP - 00216047 10/20/2004 BOOKS ON TAPE INC 77.58 AP - 00216047 10/20/2004 BOOKS ON TAPE INC 337.90 AP- 00216048 10/20/2004 BRODART BOOKS 25.86 AP- 00216048 10/20/2004 BRODART BOOKS 4.68 AP- 00216048 10/20/2004 BRODART BOOKS 4.68 AP- 00216048 10/20/2004 BRODART BOOKS 39.51 AP - 00216048 10/20/2004 BRODART BOOKS 11.53 AP - 00216048 10/20/2004 BRODART BOOKS 13.97 AP- 00216049 10/20/2004 BROWER, DENISE 264.00 AP - 00216050 10/20/2004 BRUNSWICK DEER CREEK LANES 236.25 User: AHAWORTH - Ann Haworth Page: 14 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout j ~J Time: 14:27:4 I CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216051 10/20/2004 BURLINGTON NORTHERN AND SANTA FE RAR 5,891.73 AP - 00216053 10/20/2004 CABRERA, TRINA 540.00 AP - 00216056 10/20/2004 CALIFORNIA CODE CHECK INC. 3,115.00 AP - 00216057 10/20/2004 CALIFORNIA FRANCHISE TAX BOARD 25.00 AP - 00216058 10/20/2004 CALIFORNIA FRANCHISE TAX BOARD 22.50 AP - 00216059 10/20/2004 CALPERS EDUCATIONAL FORUM 250.00 AP - 00216060 10/20/2004 CAMP FIRE USA 6,700.00 AP - 00216061 10/20/2004 CARAWAY, ROBIN 18.00 AP - 00216062 10/20/2004 CERTIFIED AUTO CARE 4,761.41 AP - 00216063 10/20/2004 CLARK, DEBORAH 44.56 AP - 00216064 10/20/2004 CLARK, KAREN 201.60 AP - 00216066 10/20/2004 COLE, NINA 6.32 AP - 00216067 10/20/2004 COMBINED MARTIAL SCIENCE INC 2,044.50 AP - 00216069 10/20/2004 CONWIN'S BALLOONS & MORE STORE 97.63 AP- 00216071 10/20/2004 COURT TRUSTEE 118.50 AP - 00216072 10/20/2004 COURT TRIJSTEE 200.00 AP - 00216073 10/20/2004 CPRS AQUATICS 170.00 AP - 00216074 10/20/2004 CRESTWOOD CORPORATION 30,000.00 AP - 00216075 10/20/2004 CSMFO 100.00 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 94.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 78.18 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 256.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 7,399.38 AP - 00216077 10/20/2004 CU'CAMONGA VALLEY WATER DISTRICT 140.28 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 1,558.93 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 104.98 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 108.43 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 388.68 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 92.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 177.08 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 411.58 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 251.73 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 110.73 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 244.83 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 48.63 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 191.76 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 256.78 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 104.18 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 994.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 505.42 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 271.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 340.38 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 516.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 190.43 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 608.68 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 160.98 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 65.88 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 430.43 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 568.43 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 254.48 AP- 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 277.48 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 178.13 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 185.48 User: AHAWORTH - Ann Haworth Page: 15 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ] ~ Time: 14:27:~1 / CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 216.83 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 90.33 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 333.38 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 340.28 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 95.78 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 1,803.08 AP - 00216077 10/20/2004 CUCAMONGA VALLEY WATER DISTRICT 731.28 AP - 00216078 10/20/2004 DAGHDEVIRIAN, KATHY 799.20 AP - 00216079 10/20/2004 DANCE TERRIFIC 2,947.71 AP - 00216082 10/20/2004 DEPARTMENT OF GENERAL SERVICES 150.50 AP - 00216083 10/20/2004 DIAZ, LANCE 100.00 AP - 00216084 10/20/2004 DICK, ERIC 50.00 AP - 00216084 10/20/2004 DICK, ERIC 50.00 AP- 00216085 10/20/2004 DIETERICtt POST COMPANY 190.61 AP - 00216085 10/20/2004 DIETERICH POST COMPANY 272.54 AP - 00216086 10/20/2004 DRACHAND, DI ANNE 1,110.00 AP - 00216087 10/20/2004 DREAMSHAPERS 300.00 AP - 00216088 10/20/2004 DUI~I~¥, RICK 1,664.25 AP - 00216089 10/20/2004 DYAN, DIANE 975.00 AP - 00216090 10/20/2004 DYNASTY GYM 3,686.70 AP- 00216091 10/20/2004 DYNASTY SCREEN PRINTING 128.11 AP - 00216092 10/20/2004 EAGLE HEIGHTS EDUCATION 195.00 AP - 00216092 10/20/2004 EAGLE HEIGHTS EDUCATION 161.00 AP - 00216093 10/20/2004 EAGLE LIFT INC . 7,500.00 AP - 00216093 10/20/2004 EAGLE LIFF INC 7,500.00 AP- 00216094 10/20/2004 ECOLOGY CONSTRUCTION INC 731,193.66 AP - 00216094 10/20/2004 ECOLOGY CONSTRUCTION INC -73,119.37 AP- 00216095 10/20/2004 EMCOR SERVICE 14,362.12 AP - 00216095 10/20/2004 EMCOR SERVICE 4,962.14 AP- 00216095 10/20/2004 EMCOR SERVICE 15,898.30 AP - 00216095 10/20/2004 EMCOR SERVICE 13,966.04 AP - 00216097 10/20/2004 EVANS SPORTING GOODS 4,563.21 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 15.07 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 22.55 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 17.14 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 17.14 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 12.76 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 18.94 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 20.0t AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 20.01 AP ~ 00216099 10/20/2004 FEDERAL EXPRESS CORP 20.01 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 17.47 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 15.07 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 21.26 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 18.73 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 17.14 AP - 00216099 10/20/2004 FEDERAL EXPRESS CORP 17.14 AP- 00216100 10/20/2004 FINESSE PERSONNEL ASSOCIATES 868.00 AP- 00216100 10/20/2004 FINESSE PERSONNEL ASSOCIATES 465.75 AP - 00216100 10/20/2004 FINESSE PERSONNEL ASSOCIATES 720.00 AP- 00216102 10/20/2004 FOOTHILL FAMILY SHELTER 417.00 AP- 00216102 10/20/2004 FOOTHILL FAMILY SHELTER 417.00 AP - 00216103 10/20/2004 FRIENDS OF NATIONAL CITY PUBLIC LIBRARY 75.00 User: AHAWORTH- Ann Haworth Page: 16 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ] ts. Time: 14:27:4 1 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216104 10/20/2004 G & D CONSTRUCTION INC 5,000.00 AP ~ 00216105 10/20/2004 GALE GROUP,THE 55.12 AP- 00216105 10/20/2004 GALE GROUP,THE 175.85 AP- 00216106 10/20/2004 GARCIA, VIVIAN 36.75 AP- 00216109 10/20/2004 GIORDANO, MARIANNA 324.00 AP- 00216109 10/20/2004 GIORDANO, MARIANNA 260.00 AP - 00216110 10/20/2004 GOLD'N WEST SURPLUS 598.00 AP - 00216111 10/20/2004 GONZALES, CARLOS 100.00 AP - 00216112 10/20/2004 GOVERNMENT FINANCE OFFICERS ASSOCIATI 960.00 AP - 00216114 10/20/2004 GREGG JR, PATRICK 100.00 AP- 00216115 10/20/2004 HAKIMI, SUSAN 233.09 AP - 00216116 10/20/2004 HANGER 18 LLC. 112.00 AP - 00216117 10/20/2004 HARDY, BRADLEY 260.50 AP - 00216118 10/20/2004 HE1LIG, KELLY 1,136.70 AP- 00216119 10/20/2004 HIX DEVELOPMENT 195,813.16 AP- 00216120 10/20/2004 HIX DEVELOPMENT 93,866.45 AP- 00216121 10/20/2004 HOUSE OF RUTH 633.00 AP - 00216121 10/20/2004 HOUSE OF RUTH 637.00 AP - 00216123 10/20/2004 HOYT, RAYMOND 1,000.20 AP- 00216124 10/20/2004 HSU, STEVE 378.00 AP - 00216125 10/20/2004 HURST, CHERYL 288.50 AP- 00216126 10/20/2004 IBM CORPORATION 622.11 AP- 00216126 10/20/2004 IBM CORPORATION 849.66 AP- 00216126 10/20/2004 IBM CORPORATION -878.60 AP - 00216129 10/20/2004 INLAND FAIR HOUSING AND M~DIATION 780.60 AP - 00216129 10/20/2004 INLAND FAIR HOUSING AND MEDIATION 1,042.73 AP - 00216129 10/20/2004 INLAND FAIR HOUSING AND MEDIATION 1,046.59 AP - 00216129 10/20/2004 INLAND FAI~. HOUSING AND MEDIATION 1,049.34 AP - 00216130 10/20/2004 INLAND LIBRARY SYSTEM 48.95 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 94.30 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 151.80 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 239.20 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 118.45 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 644.00 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETiN 259.90 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 644.00 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 124.20 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 71.30 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 100.05 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 297.85 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 1,672.10 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 193.20 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 887.80 AP - 00216132 10/20/2004 INLAND VALLEY DALLY BULLETIN 326.60 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 409.40 AP - 00216132 10/20/2004 INLAND VALLEY DAILY BULLETIN 171.35 AP - 00216134 10/20/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00216134 10/20/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00216134 10/20/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP- 00216134 10/20/2004 INLAND VALLEY DAILY BULLETIN 181.80 AP- 00216134 10/20/2004 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00216134 10/20/2004 INLAND VALLEY DAILY BULLETIN 715.50 AP- 00216135 10/20/2004 INLAND VALLEY DANCE ACADEMY 1,987.13 User: AHAWORTH - Ann Haworth Page: 17 Current Date: 10/26/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout / ~ Time: 14:27:z~ / / CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216137 10/20/2004 IRON MOUNTAIN OSDP 362.00 AP - 00216138 10/20/2004 JAMES EVENT PRODUCTIONS INC 11,900.00 AP - 00216139 10/20/2004 JAMES EVENT PRODUCTIONS INC 4,000.00 AP - 00216140 10/20/2004 JANECEK, LINDA 9.31 AP- 00216141 10/20/2004 JONES, TONY 65.00 AP - 00216142 10/20/2004 KAISER FOUNDATION HEALTH PLAN INC 72,012.86 AP - 00216142 10/20/2004 KAISER FOUNDATION HEALTH PLAN INC 1,442.76 AP - 00216143 10/20/2004 KC PRINTING & GRAPHICS INC 694.07 AP- 00216144 10/20/2004 KIDSART 616.00 AP - 00216147 10/20/2004 KNOTTS BERRY FARM 967.50 AP - 00216148 10/20/2004 KOTZIN AND ASSOCIATES, R 1,685.20 AP - 00216149 10/20/2004 KOZLOVICH, DEBBIE 1,936.20 AP- 00216151 10/20/2004 LAIRD CONSTRUCTION CO 59,130.88 AP- 00216152 10/20/2004 LAM, JACK 50.25 AP- 00216152 10/20/2004 LAM, JACK 22.22 AP - 00216156 10/20/2004 LILBURN CORPORATION 433.75 AP - 00216156 10/20/2004 LILBURN CORPORATION 729.05 AP - 00216157 10/20/2004 LIM, HEATHER 801.00 AP - 00216158 10/20/2004 LITTLE BEAR PRODUCTIONS 200.00 AP - 00216158 10/20/2004 LITTLE BEAR PRODUCTIONS 75.00 AP - 00216158 10/20/2004 LITTLE BEAR PRODUCTIONS 450.00 AP - 00216158 10/20/2004 LITTLE BEAR PRODUCTIONS 150.00 AP - 00216158 ' 10/20/2004 LITTLE BEAR PRODUCTIONS 80.00 AP - 00216158 10/20/2004 LITTLE BEAR PRODUCTIONS 175.00 AP - 00216159 10/20/2004 LIVE OAK DOG OBEDIENCE 620.40 AP - 00216160 10/20/2004 LLOBRERA, MICHAEL 100.00 AP- 00216162 10/20/2004 LOONEY, ANGELA 87.18 AP - 00216163 10/20/2004 LOS ANGELES COCA COLA BTL CO 294.89 AP - 00216165 10/20/2004 LOWER, DARLENE 251.00 AP - 00216167 10/20/2004 MAGRUDER, KAREN 156.00 AP - 00216168 10/20/2004 MANELA, ROSARIO 18.64 AP - 00216169 10/20/2004 MANJARREZ, LOU 100.00 AP- 00216170 10/20/2004 MANSHAII, ISABELLE 145.00 AP 00216171 10/20/2004 MARNE CONSTRUCTION INC 19.53 AP 00216172 10/20/2004 MARSHALL, SYLVIA 1,237.80 AP 00216173 10/20/2004 MASTERCRAFYHOMES 120,104.18 AP 00216173 10/20/2004 MASTERCRAFTHOM~S 50,000.00 AP 00216174 10/20/2004 MERCURY CASUALTY COMPANY 1,000.00 AP 00216175 10/20/2004 MIDWEST TAPE 57.95 AP- 00216175 10/20/2004 MIDWEST TAPE 86.95 AP- 00216175 10/20/2004 MIDWEST TAPE 156.93 AP- 00216175 10/20/2004 MIDWEST TAPE 17.~9 AP- 00216175 10/20/201M MIDWEST TAPE 63.95 AP- 00216175 10/20/2004 MIDWEST TAPE 82.98 AP- 00216175 10/20/2004 MIDWEST TAPE 88.96 AP - 00216175 10/20/2004 MIDWEST TAPE 64.94 AP - 00216176 10/20/2004 MILLIE AND SEVERSON INCORPORATED 1,000.00 AP - 00216177 10/20/2004 MITCHELL, WALTER Z 787.50 AP - 00216178 10/20/2004 MITY LITE 317.72 AP- 00216179 10/20/2004 MOE, JOHN 207.00 AP - 00216180 10/20/2004 MORRIS, MARGUERITE 60.00 AP - 00216181 10/20/2004 N M A DUES C/O NAOMI ROBERTS 8.31 AP- 00216182 10/20/2004 NASH, JESSICA 586.50 User: AHAWORTH - Ann Haworth Page: 18 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ ~ Time: 14:27:4 / CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216183 10/20/2004 NATIONAL DEFERRED 27,677.85 AP- 00216184 10/20/2004 NEWPORT PRINTING SYSTEMS 46.28 AP- 00216186 10/20(2004 NOETHiGER, ROBERT 293,519.50 AP- 00216187 10/20/2004 OCLC INC 59.42 AP- 00216189 10/20/2004 OFFICE DEPOT 35.32 AP - 00216189 10/20/2004 OFFICE DEPOT 110.64 AP - 00216189 10/20/2004 OFFICE DEPOT 57.24 AP- 00216189 10/20/2004 OFFICE DEPOT 241.55 AP- 00216189 10/20/2004 OFFICE DEPOT 5.62 AP- 00216189 10/20/2004 OFFICE DEPOT 110.06 AP- 00216189 10/20/2004 OFFICE DEPOT 13.67 AP- 00216189 10/20/2004 OFFICE DEPOT 47.84 AP - 00216189 10/20/2004 OFFICE DEPOT 61.48 AP- 00216189 ' 10/20/2004 OFFICE DEPOT 52.17 AP - 00216189 10/20/2004 OFFICE DEPOT 15.49 AP - 00216189 10/20/2004 OFFICE DEPOT 162.79 AP- 00216189 10/20/2004 OFFICE DEPOT 46.17 AP- 00216189 10/20/2004 OFFICE DEPOT -2.93 AP - 00216189 10/20/2004 OFFICE DEPOT 61.45 AP - 00216189 10/20/2004 OFFICE DEPOT 76.37 AP- 00216189 10/20/2004 OFFICE DEPOT 290.88 AP- 00216189 10/20/2004 OFFICE DEPOT 21.77 AP- 00216189 10/20/2004 OFFICE DEPOT 220.17 AP - 00216189 10/20/2004 OFFICE DEPOT 136.09 AP - 00216189 10/20/2004 OFFICE DEPOT 26.67 AP - 00216189 10/20/2004 OFFICE DEPOT 204.08 AP- 00216189 10/20/2004 OFFICE DEPOT 52.56 AP- 00216189 10/20/2004 OFFICE DEPOT 31.33 AP- 00216189 10/20/2004 OFFICE DEPOT 236.61 AP 00216189 10/20/2004 OFFICE DEPOT -139.44 AP 00216189 10/20/2004 OFFICE DEPOT 20.47 AP 00216189 10/20/2004 OFFICE DEPOT -4.83 AP 00216189 10/20/2004 OFFICE DEPOT 176.70 AP 00216189 10/20/2004 OFFICE DEPOT 291.98 AP 00216189 10/20/2004 OFFICE DEPOT 49.62 AP 00216189 10/20/2004 OFFICE DEPOT 3.17 AP 00216189 10/20/2004 OFFICE DEPOT 14.51 AP- 00216189 10/20/2004 OFFICE DEPOT 141.51 AP - 00216189 10/20/2004 OFFICE DEPOT 24.32 AP - 00216189 10/20/2004 OFFICE DEPOT 29.80 AP- 00216189 10/20/2004 OFFICE DEPOT 80.18 AP - 00216189 10/20/2004 OFFICE DEPOT 56.88 AP - 00216190 10/20/2004 ONTARIO ICE SKATING CENTER 33.60 AP- 00216190 10/20/2004 ONTARIO ICE SKATING CENTER 672.00 AP - 00216190 10/20/2004 ONTARIO ICE SKATING CENTER 470.40 AP - 00216190 10/20/2004 ONTARIO ICE SKATING CENTER 168.00 AP - 00216190 10/20/2004 ONTARIO ICE SKATING CENTER 33.60 AP - 00216191 10/20/2004 ORACLE CORP 868.59 AP - 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 102.77 AP - 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 64.63 AP - 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 6.77 AP - 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 66.77 AP- 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 81.10 User: AHAWORTH- Ann Haworth Page: 19 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout t1/~ Time: 14:27:4 / '7 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 61.39 AP - 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 64.52 AP- 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 221.88 AP- 00216192 10/20/2004 ORCHARD SUPPLY HARDWARE 518.86 AP - 00216193 10/20/2004 OTSUKA, DENNIS 51.00 AP - 00216194 10/20/2004 PACI]~ICARE OF CALIFORNIA 55,749.78 AP- 00216195 10/20/2004 PADILLA, FATIMA 100.00 AP- 00216196 10/20/2004 PAIZ, RONALDO 60.00 AP - 00216197 10/20/2004 PANDA DEVELOPMENT AND CONSTRUCTION ( 48,769.98 AP - 00216198 10/20/2004 PANDA DEVELOPMENT AND CONSTRUCTION ( 38,300.92 AP- 00216199 10/20/2004 PARKER, SHANNON 420.00 AP- 00216200 10/20/2004 PARSAC 80,917.00 AP - 00216201 10/20/2004 PATEL, SUNITA 67.33 AP- 00216201 10/20/2004 PATEL, SUNITA 5.00 AP - 00216201 10/20/2004 PATEL, SUNITA 39.00 AP - 00216202 10/20/2004 PHASE II SYSTEMS 3,500.00 AP - 00216202 10/20/201M PHASE II SYSTEMS 3,500.00 AP - 00216203 10/20/2004 PHILLIPS, HILDA 19.97 AP - 00216204 10/20/2004 PHOENIX GROUP INFORMATION SYSTEMS 472.71 AP - 00216204 10/20/2004 PHOENIX GROUP INFORMATION SYSTEMS 234.40 AP 00216205 10/20/2004 PINCOTT, JOHN 170.00 AP 00216206 i0/20/2004 POMA DISTRIBUTING CO 9,724.~7 AP 00216206 10/20/2004 POMA DISTRIBUTING CO 7,041.94 AP 00216207 10/20/2004 PRE-PAID LEGAL SERVICES INC 143.01 AP 00216208 10/20/2004 PRECISION GYMNASTICS 1,649.20 AP 00216209 10/20/2004 PUNO, CLAIRE 53.90 AP 00216210 10/20/2004 QUINTANA, ZITA 193.00 AP 00216211 10/20/2004 R AND R AUTOMOTIVE 40.47 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 217.32 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 256.99 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 1,052.76 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 54.89 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 554.32 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 280.03 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 397.55 AP- 00216211 10/20/2004 R AND R AUTOMOTIVE 70.30 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 236.54 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 553.86 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 44.70 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 82.50 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 31.92 AP- 00216211 10/20/2004 R AND R AUTOMOTIVE 30.00 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 124.72 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 551.99 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 1,243.49 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 431.17 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 233.i8 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 54.89 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 424.53 AP- 00216211 10/20/2004 R AND R AUTOMOTIVE 41.92 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 916.37 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 594.69 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 287.93 User: AHAWORTH - Ann Haworth Page: 20 Current Date: 10/26/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ ~. Time: 14:27:zl CITY OF RANCHO CUCAMONGA Agenda Check Register t0/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 574.75 AP - 00216211 10/20/2004 R AND R AUTOMOTIVE 540.97 AP- 00216212 10/20/2004 RANCHO CUCAMONGA FAMILY YMCA 2,500.00 AP - 00216212 10/20/2004 RANCHO CUCAMONGA FAMILY YMCA 500.00 AP - 00216214 10/20/2004 REED, MIKE 100.00 AP - 00216215 10/20/2004 REINHARDT, RITA 528.00 AP- 00216216 10/20/2004 REINHARDTSEN, DEBRA 282.50 AP - 00216218 10/20/2004 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP - 00216219 10/20/2004 RIVERSIDE CO DEPT CHILD SUPPORT 250.00 AP - 00216220 10/20/2004 S AND S WORLDWIDE 1,338.37 AP - 00216220 10/20/2004 S AND S WORLDWIDE 104.00 AP - 00216221 10/20/2004 SAFEWAY SIGN COMPANY 2,159.46 AP - 00216222 10/20/2004 SAN BERNARDINO COUNTY 4,063.94 AP - 00216223 10/20/2004 SAN BERNARDINO COUNTY AUDITOR CONTR( 300.00 AP - 00216223 10/20/2004 SAN BERNARDINO COUNTY AUDITOR CONTR£ 300.00 AP - 00216223 10/20/2004 SAN BERNARDINO COUNTY AUDITOR CONTR( 375.00 AP - 00216223 10/20/2004 SAN BERNARDINO COUNTY AUDITOR CONTR( 500.00 AP - 00216223 10/20/2004 SAN BERNARDINO COUNTY AUDITOR CONTR( 375.00 AP - 00216223 10/20/2004 SAN BERNARDINO COUNTY AUDITOR CONTR( 400.00 AP - 00216224 10/20/2004 SAN BERNARDINO COUNTY 92,075.00 AP - 00216225 10/20/2004 SAN BERNARDINO COUNTY 50,311.80 AP - 00216227 10/20/2004 SAN BERNARDINO COUNTY 32,350.00 AP - 00216228 10/20/2004 SAN BERNARDINO CTY CHILD SUPPORT PAYI~ 213.50 AP-00216229 10/20/2004 SBC 1,361.73 AP - 00216230 10/20/2004 SCHOLASTIC LIBRARY PUBLISHING 21.16 AP- 00216231 10/20/2004 SCMAF 60.00 AP- 00216232 10/20/2004 SCOTT, DIANA 250.00 AP - 00216233 10/20/2004 SCWIVIF 90.00 AP - 00216234 10/20/2004 SEBRA, RACHEL 49.65 AP - 00216235 10/20/2004 SHERIFFS COURT SERVICES 321.61 AP-00216236 10/20/2004 SHOETERIA 123.35 AP- 00216236 10/20/2004 SHOETERIA 150.00 AP - 00216237 10/20/2004 SIMMONS, ARLENE 328.80 AP- 00216238 10/20/2004 SIMPSON, COLIN 100.00 AP - 00216239 10/20/2004 SIMS, GEORGIA 48.00 AP - 00216241 10/20/2004 SO CALIF GAS COMPANY 17.17 AP - 00216241 10/20/2004 SO CALIF GAS COMPANY 157.90 AP - 00216241 10/20/2004 SO CALIF GAS COMPANY 148.24 AP - 00216241 10/20/2004 SO CAL][F GAS COMPANY 1,989.32 AP - 00216241 10/20/2004 SO CALIF GAS COMPANY 218.12 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 3,034.15 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 106.11 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 33.87 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 113.19 AP- 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 88.83 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 92.22 AP- 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 75.16 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 82.29 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 93.32 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 14.50 User: AHAWORTH - Ann Haworth Page: 21 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ t Time: 14:27:4 / CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 70.41 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 172.68 AP - 00216243 10/20/2004 SOUTHIERN CALIFORNIA EDISON 495.40 AP - 00216243 10/20/2004 SOIJTHERN CALIFORNIA EDISON 94.44 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 144.22 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 103.25 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 3,699.77 AP - 002t6243 10/20/2004 SOUTHERN CALIFORNIA EDISON 1,175.66 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 1,209.44 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 76.02 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 19.50 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 15.21 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 16.30 AP - 00216243 10/20/2004 SOUTI-~RN CALIFORNIA EDISON 104.43 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 28.20 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 78.26 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 78.98 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 99.20 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 13.89 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 14.95 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 64.81 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 14.95 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 15.21 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 15.21 AP - 00216243 10/20/2004 SOUTHERN CALIFORNIA EDISON 14.64 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 55.91 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 7.57 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDIS ON 5,940.78 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 509.78 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 45.62 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 26.15 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 2,651.21 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 2,447.96 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 36,377.05 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 7.07 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 38.29 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 12,120.96 AP - 00216244 10/20/2004 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00216245 10/20/2004 SOUTHERN CALIFORNIA EDISON 362.34 AP- 00216246 10/20/2004 SOUTHERN CALIFORNIA EDISON 1,803.48 AP - 00216247 10/20/2004 SOUTHERN CALIFORNIA EDISON 3,616.08 AP - 00216248 10/20/2004 STEELWORKERS OLDTIMERS FOUNDATION 708.33 AP- 00216249 10/20/2004 STEINY AND COMPANY INC 15,280.15 AP - 00216250 10/20/2004 STERICYCLE INC 221.32 AP- 00216251 10/20/2004 STERLING COFFEE SERVICE 711.81 AP- 00216252 10/20/2004 STOFA, JOSEPH 15.00 User: AHAWORTH - Ann Haworth Page: 22 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~sa) Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216254 10/20/2004 SUN COUNTRY MARINE 80.00 AP - 00216255 10/20/2004 SUNGARD BI TECH INC 1,817.82 AP - 00216255 10/20/2004 SUNGARD BI TECH INC 2,300.00 AP - 00216256 10/20/2004 T C T I 562.50 AP - 00216257 10/20/2004 TAMBUNAN, GOMLI 250.00 AP- 00216258 10/20/2004 TARGET 113.77 AP - 00216258 10/20/2004 TARGET 51.76 AP- 00216259 10/20/2004 TERRY, DONNA 560.00 AP- 00216260 10/20/2004 TOBIN, RENEE 17.44 AP - 00216261 10/20/2004 TRACY, ATHENA 35.00 AP- 00216264 10/20/2004 TUTORWHIZ INC 1,269.10 AP - 00216265 10/20/2004 UMPS ARE US ASSOCIATION 3,220.00 AP - 00216267 10/20/2004 UNIQUE MANAGEMENT SERVICES INC 557.70 AP- 00216268 10/20/2004 UNITED WAY 585.32 AP - 00216269 10/20/2004 UPLAND TENNIS CLUB 1,684.80 AP - 00216270 10/20/2004 V & R DEVELOPIvI~NT LLC 1,000.00 AP - 00216271 10/20/2004 VERIZON WIRELESS - LA 12,196.67 AP- 00216272 10/20/2004 VERIZON 29.20 AP - 00216272 10/20/2004 VERIZON 41.71 AP - 00216272 10/20/2004 VERIZON 20.66 AP - 00216272 10/20/2004 VERIZON 20.66 AP - 00216272 10/20/2004 VERIZON 29.20 AP 00216272 10/20/2004 VERIZON 28.65 AP 00216272 10/20/2004 VERIZON 25.12 AP 00216272 10/20/2004 VERIZON 20.66 AP 00216272 10/20/2004 VERIZON 20.66 AP 00216272 10/20/201M VERIZON 55.41 AP 00216272 10/20/2004 VERIZON 20.66 AP 00216272 10/20/2004 VERIZON 31.87 AP - 00216272 10/20/2004 VERIZON 29.20 AP - 00216272 10/20/2004 VERIZON 177.02 AP- 00216272 10/20/2004 VERIZON 7.56 AP - 00216272 10/20/2004 VERIZON 20.66 AP- 00216272 10/20/2004 VERIZON 75.51 AP - 00216272 10/20/2004 VERIZON 20.99 AP - 00216272 10/20/2004 VERIZON 29.65 AP - 00216272 10/20/2004 VERIZON 0.72 AP - 00216272 10/20/2004 VER1ZON 20.66 AP - 00216272 10/20/2004 VERIZON 0.57 AP ~ 00216272 10/20/2004 VERIZON 20.99 AP - 00216272 10/20/2004 VERIZON 22.77 AP - 00216273 10/20/2004 VIDEO GUYS, THE 1,064.61 AP - 00216273 10/20/2004 VIDEO GUYS, THE 1,099.65 AP - 00216274 10/20/2004 VIGILANCE, TERRENCE 550.00 AP - 00216275 10/20/2004 VOLM, LIZA 112.50 AP - 00216276 10/20/2004 WARD, DESIREE 525.00 AP - 00216277 10/20/2004 WAX1E SANITARY SUPPLY 540.04 AP - 00216277 10/20/2004 WAXIE SANITARY SUPPLY 303.70 AP- 00216278 10/20/2004 WEST GROUP 258.60 AP ~ 00216278 10/20/2004 WEST GROUP 86.20 AP - 00216280 10/20/2004 WOODRUFF SPRADLIN AND SMART 51,991.48 AP- 00216281 10/20/2004 XEROX CORPORATION 929.35 AP- 00216282 10/20/2004 YEE, LARRY 14.00 User: AHAWORTH - Ann Haworth Page: 23 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ ~ Time: 14:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/13/2004 through 10/25/2004 Check No. Check Date Vendor Name Amount AP - 00216283 10/20/2004 ZA1LO, ROBERT 108.00 AP - 00216284 10/20/2004 ZWERNER, BARRY 100.00 AP - 00216285 10/20/2004 BDA IE 40.00 AP - 00216286 1012112004 LOWE'S COMPANIES INC. 76.59 AP - 00216286 10/21/2004 LOWE'S COMPANIES INC. 223.19 Total for Check ID AP: 4,156,411.20 Total for Entity: 4,156,4I 1.20 User: AHAWORTH - Ann Haworth Page: 24 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ t/ Time: 14:27:4 7 R A N C H O C U C A M O N G A ENGINEERING DEPART~IENT Sti ffRe rt DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Senior Civil Engineer SUBJECT: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2004/2009 MEASURE "1" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 2004/05 AS REQUIRED FOR MEASURE "1." FUNDS RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Local Measure "1" Five-Year Capital Improvement Program and Twenty-Year Transportation Plan as requested by SANBAG to provide a public record of the intended use of Local Measure "1" Funds. BACKGROUND/ANALYSIS Measure "1", the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt a Five-Year Capital Improvement Program and a Twenty-Year Transportation Plan which outlines the specific projects upon which those funds shall be expended. Staff has prepared the attached Five-Year Capital Improvement Plan schedule to be adopted by City Council and kept on file with the San Bernardino Associated Governments for informational purposes. The Five-Year list has been over-programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure "1" expenditures. If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. CITY COUNCIL STAFF REPORT Re: Five Year Capital Improvement Program/Twenty Year Transportation Plan November 3, 2004 Page 2 SANBAG has advised us the Twenty-Year Transportation Plan for Local Measure "1" Funds can be a list of projects for a 20-year period or narrative policy statement estimating the types of projects Local Measure "1" Funds are to be used for, and the percentage of funds allocated for each type of project. Since it is difficult to list actual projects 20 years in advance, Staff recommends Council approve the policy statement. Re.s..~tfu Ily submitted, Wil~m J. O'Neil City Engineer WJO:JAD Attachments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2004/2009 MEASURE "1" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 2004/05 FOR THE EXPENDITURE OF MEASURE "1" FUNDS WHEREAS, San Bemardino County voters approved passage of Measure "l" in November, 1989 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in tile Expenditure Plans set forth in Ordinance No. 89-1 of Authority; and WHEREAS, Expenditure plans of the Ordinance requires each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Five-Year Capital Improvement Program and Twenty-Year Transportation Plan adopted by resolution of the local jurisdiction, and WHEREAS, Expenditure Plans of the Ordinance also require that each local jurisdiction annually adopt and update the Five and Twenty-Year plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, State of California, hereby adopts the Measure "1" Five-Year Capital Improvement Program and Twenty~Year Transportation Plan, a copy of which is attached to this resolution. 2.7 CITY OF RANCHO CUCAMONGA MEASURE I FIVE YEAR PLAN 2004~09 YEAR iTREET & LIMITS I IMPROVEMENT I Cost Estimate 04/05 ~th St - Archibald to Hermosa Pavement Rehabilitation $ 155,000 A, rchibald Av - Base Line to 19th St Pavement Rehabilitation $ 385,000 Arrow Rte - Archbald to Hermosa Pavement Rehabilitation $ 275,000 ~,rrow Rte - Haven east to RXR Spur Pavement Rehabilitation $ 2,000 Banyan St- E/O Milliken to Rochester Widen north side $ 2,000 Base Line Rd - Carnelian St to Lyon Pavement Rehabilitation $ 290,000 Base Line Rd - Haven Av to Deer Crk Channel Pavement Rehabilitation $ 270,000 Beryl St - Cielito to 19th Pavement Rehabilitation $ 95,000 Carnelian St - Vivem to S/O 19th Pavement Rehabilitation and Storm Drain $ 2,000 Church St - Archibald Av to Hermosa Av Pavement Rehabilitation $ 10,000 Chumh St - Rochester Av easterly to SCE corridor Pavement Rehabilitation $ 27,677 Fast - Banyan to N/O 23rd Widen west side $ 2,000 Etiwanda Ay - 200 feet north and south of Church St Pavement Rehabilitation $ 88,626 Etiwanda Ay - Victoria to the north Pavement Rehabilitation and sidewalkJbike mute $ 2,000 Haven Ay - Baseline to Highland Ph 1 Widen west side, pavement rehabilitation, & storm drain $ 2,000 i Haven Ay - Rte 210/30 to Lemon Pavement Rehabilitation $ 1,000 I Heather, Ring & adjacent streets Reconstruct Pavement $ 2,000 I Hermosa Ay - Highland to Banyan Pavement Rehabilitation and widening $ 510,000 Hermosa Ay - N/O Base Line to N/O P, XR Pavement Rehabilitation, widening, and Storm Drain $ 2,000 Milliken Ay - 4th to 7th Pavement Rehabilitation and widening $ 1,000 Sapphire St - 19th St to Banyan St Pavement Rehabilitation $ 235,000 FY 04/05 Total $ 2,359,303 05/06 ADA Corrective Measures - City Wide Intersection ramps and driveway modifications $ 100,000 Archibald Av - 19th St to Banyan St I Pavement Rehabilitation $ 300,000 Base Line Rd - West City Limits to Carnelian Pavement Rehabilitation $ 300,000 Church St - Archibald Av to Hermosa Ay Pavement Rehabilitation $ 300,000 Hellman Av - W/O Hellman Av to Amethyst St Cucamonga Storm Drain and Street Widening $ 2,500,000 Local Streets - City Wide Pavement Rehabilitation ! $ 800,000 Milliken Ay- 4th St to 6th St Pavement Rehabilitation I $ 300,000 Wilson Av- Amethyst to Haven Alignment and pavement rehabilitation study FY 05/06 Total$ $ 4,620,00020'000 Page 1 of 2 Cl'rY OF RANCHO CUCAMONGA MEASURE I FIVE YEAR PLAN 2004109 YEAR ISTREET & LIMITS IMPROVEMENT Cost Estimate 06/07 ADA Corrective Measures - City Wide Intersection ramps and driveway modifications $ 100,000 Archibald Av - Banyan St to Hillside Rd Pavement Rehabilitation $ 300,000 Arrow Rte - W/O Etiwanda Av to ECL Pavement Rehabilitation $ 250,000 Banyan St ~ Sapphire to Carnelian Pavement Rehabilitation $ 150,000 Wilson Ay- Amethyst to Haven Design street widening and pavement rehabilitation $ 100,000 Local Streets - City Wide Pavement Rehabilitation $ 800,000 FY 06/07 Total $ 1,700,000 07~08 ADA Corrective Measures - City Wide Intersection ramps and driveway modifications $ 100,000 Haven Av - 4th St to 7th St Pavement Rehabilitation $ 300,000 Hermosa Av - Foothill to Effen Widen $ 450,000 Local Streets ~ City Wide Pavement Rehabilitation $ 800,000 Sapphire St - Rte 210/30 to Banyan Pavement Rehabilitation $ 200,000 Wilson Av - Amethyst to Haven Street widening and pavement rehabilitation $ 300,000 FY 07/08 Total $ 2,150,000 08~09 ADA Corrective Measures - City Wide Intersection ramps and driveway modifications $ 100,000 Haven Av - Jersey Blvd to Foothill Btvd Pavement Rehabilitation $ 300,000 Local Streets - City Wide Pavement Rehabilitation $ 800,000 Pavement Inventory $ 150,000 Terra Vista Prkwy - Spruce to Milliken Pavement Rehabilitation $ 200,000 Vineyard Av - 8th to Foothill Pavement Rehabilitation $ 350,000 FY 08/09 Total $ 1,900,000 Five Year Total $ 12,729,303 Measure I Revenue Estimate (5 Yrs.) $ 13,100,000 Contact: Jerry A. Dyer, Senior Civil Engineer (909) 477-2740 Ext, 4037 I Page 2 of 2 City of Rancho Cucamonga MEASURE I FIVE YEAR CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY 2004/05 The City intends to expend its Measure I funds generally as shown on our 20 year plan (attached). However, at present, we show funds being expended in FY 2005/2006 for one large project, the Hellman Avenue storm drain and widening from west of Hellman Avenue to Amethyst Street ($2,500,000). These ftmds could be reallocated in any given year depending upon a change in priorities. Including the projects budgeted for FY 2004/05 and projects encumbered during FY 2003/04; the City is projecting a Measure I fund balance of near zero at the close of FY 2005/06. ' CITY OF RANCHO CUCAMONGA 20 YEAR LOCAL MEASURE I TRANSPORTATION PLAN The 20 Year Local Measure I Transportation Plan for the expenditure of Measure I funds will use the City's General Plan Circulation Element as a basis (copy attached). It is anticipated that the funds will be allocated in the following manner: Percent Type of Improvement 30 Maintenance, Rehabilitation and Repair of Existing Roadways 10 Traffic Signal Improvements 20 Street Widening 10 Intersection Improvements 10 Railroad Crossing Improvements 20 Slurry and Chip Seal of Existing Streets ' ................................... ii '~ 1t .......... - r~, L.t [~ L _ _ '¢! ............ '~i * CIRCULATION PLAN~.,~. ~1 I _,.:.. .... ~_...,.y ~, · COLLECTOR ~j ....... ---';~-~ ~ ~ ., ~co..~.~ ~ " ..... ~ MAJOR DIVIDED ~ ~ ............ J~'~ ~ = ARTERIAL . ' .........  'i! FREEWAY ~TERCHANGE J , J..,~ ~' J INTERSECTION FOR ~ j -- ~ ~, , ..~ POSS,B~W,~iNG ~ - ' : :~ ~ ~ ~ SPECIAL DESIGN ,-,-P ./ ~ ' . '" I ~ · ...... k,- ~ J CITY OF RANCHO CUCAMONGA ~ , R A N C H O C U C A M O N G A COH H IINITY ~]~I~VICI~& DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Servic~r~/;#r w~ ,,, BY: Nettie Nielsen, Recreation Supervi~i///t SUBJECT: RECOMMENDATION FROM PARK AND RECREATION COMMISSION FOR APPROVAL OF STREET BANNER APPLICATIONS AND SCHEDULE FOR CALENDAR YEAR 2005 RECOMMENDATION The Park and Recreation Commission recommends that the City Council approve the attached street banner schedule for calendar year 2005. BACKGROUND/ANALYSIS Annually, the Community Services Department requests applications for banner displays on Base Line Road and Archibald Avenue. According to City policy, only City sponsored events and activities are eligible.to display banners. The only exception to this rule applies to those organizations that are supported by the City and have a history of advertising specific events on street banners. These groups provide us a ready-made banner at their cost. The Park and Recreation Commission reviewed the street banner applications and schedule for calendar year 2005 at their October 21,2004, meeting and recommended approval. FISCAL IMPACT No fiscal impact. i~ nrnMu '~--t~dsI ~rvic e s Director Attachments: Park and Recreation Staff Report Schedule of Banner Displays for Calendar Year 2005 R A N C H O C U C A M O N G A COMMUNITY ~ZI~V1C~& S rffReport DATE: October 21,2004 TO: Park and Recreation Commission FROM: Kevin McArdle, Community Services Directo.~r ~ BY: Nettle Nielsen, Recreation Supervisor ( ~['x'"~/ )~/t~ Victoria Zendejas, Recreation Coordinator'";c~ ~ SUBJECT: APPROVAL OF STREET BANNER APPLICATION AND SCHEDULES FOR CALENDAR YEAR 2005 RECOMMENDATION It is recommended that the Park and Recreation Commission review the attached street banner schedule for calendar year 2005 and recommend approval to the City Council. BACKGROUND/ANALYSIS Annually the Community Services Department requests applications for banner displays on Base Line Road and Archibald Avenue. In June 2003, the Park and Recreation Commission approved changes to the Street Banner Policy, clarifying language on eligibility. The policy states that only City sponsored events are eligible to apply for a banner space. The applications for all of the requests are attached to this report along with the banner calendar for the year 2005. The policy also allows department administration to approve additional banners during the year if they meet the policy criteria. Staff is requesting your review and approval of the attached banner display schedule for calendar year 2005. Your recommendation will be forwarded to the City Council at their November 2004 meeting. mitted, Community Services Director cc: Dave Moore, Recreation Superintendent Attachments Schedule of Banner Displays for Calendar Year 2005 Street Banner Applications Received I:\COMMSERV~Council&Boards\Park & Rec\Staff Report~004~street banner allocation.10.04.doc SCHEDULE OF BANNER DISPLAYS FOR CALENDAR YEAR 2005 Or,qan zat on Event Event Date Display Dates Location City Registration Mamh 15, 2005 Mamh 7 - Mamh 21 Both City Cultural Arts Mamh 26-April 16, 2005 March 21- April 4 Amhibald Center Opening City Quakes Opening Day April 15, 2005 Mamh 28 - April 11 Base Line RC Library Telethon 2004 April 16-18, 2005 April 4 - April 18 Amhibald Search/Rescue 9th Annual/Run/Walk April 30, 2005 April 11 - May 2 Base Line City Health Fair April 30, 2005 April 18 - May 2 Amhibald RDA Bus[ness Appreciation May 16-20, 2005 May 9- May 23 Both City Registration May 31,2005 May 23- June 6 Both City 4th of July July 4, 2005 June 13-July 5 Both City Cultural Arts July 15,16,17,22,23,24 July 5 - July 18 Amhibald Summer Show City Concerts/Movies July 7-August 25, 2005 July 5 - August 15 Base Line City Quakes August 2005 July 18 - August 15 Amhibald City Registration August 22, 2005 August 15- August 29 Both City Mark Christopher September 12- 18, 2005 August 29- September 19 Baseline Charity Classic Chamber of Grape Ha~est October 30 - 2, 2005 September 19 - October 3 Archibald Commerce Festival RC Fire Fire Prevention October 9-15, 2005 October 3 - October 17 Both City Founders Day Parade November 5, 2005 October 17- November 7 Archibald City Harvest Carnival October 29, 2005 October 17 - October 31 Baseline City Tree Lighting November 17, 2005 November 7 - November 21 Both RC Fire Spark of Love November 21 - Dec 22, 2005 November 21 - December 12 Base Line City Registration December 19, 2005 December 12 - December 26 Both Waitiag oa paperwork with official dates. Changes updated Monday, October 11, 2004 T H E C I T Y 0 F I~ANCIIO CU CAMONOA Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Robert Bowery, Information Systems Manager SUBJECT: APPROVE AN APPROPRIATION OF $8,900 INTO ACCOUNT NO. 17'14001-5605 FROM THE COMPUTER EQUIPMENT REPLACEMENT FUND BALANCE FOR THE PURCHASE OF REPLACEMENT COMPUTER EQUIPMENT RECOMMENDATION It is recommended that the City Council approve an appropriation of $8,900 into account number 1714001-5605 from the Computer Equipment Replacement Fund Balance for the purchase of replacement computer equipment. BACKGROUND As a fiscal conservation measure, the budget for the current year suspends the ' City's normal computer replacement and downstreaming cycle. As a consequence, when a computer fails and is not repairable, the Information Systems Division must determine if a comparable surplus device is available for reallocation to the affected user. If no surplus device is available, then it is necessary to request a special appropriation from reserves for computer replacement. Recently two critical use computers failed and are deemed non-repairable. Additionally no comparable units are available for reassignment. The first computer is an Apple Macintosh used by the Community Services Department for desktop publishing. Apple remains the preferred operating system in the graphics and publishing industries. The various contractors the Department works with in preparing such documents as the quarterly Grapevine, all use Apple computers. Estimated replacement cost (based on current quotations) is $6,700, which includes software. Page 2 November 3, 2004 The other computer is an HP Vectra VL (266 MHz CPU) used by the Purchasing Division's Purchasing Clerk. The IS Division proposes to purchase a new workstation to indirectly replace this unit. Rather than directly replace the failed computer, the IS Division will follow the downstreaming process to reallocate the Buyer's computer (a critical user) to the Purchasing Clerk (a general user) and provide the buyer with the new replacement computer. Estimated replacement cost is $2,200. No additional software costs are included in this estimate, as the existing software will transfer from the old PC to its replacement. Respectfully submitted, Lawrence I. Temple Administrative Services Director $? THE CITY OF I~AN C H 0 C U CAM 0 N GA Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETVVEEN THE CITY AND THE ETIWANDA SCHOOL DISTRICT PERTAINING TO THE FORMATION OF THE HENDERSON CREEK PUBLIC FACILITIES COMMUNITY FACILITIES. DISTRICT NO. 2004- 2 BY THE ETIWANDA SCHOOL DISTRICT Recommendation It is recommended that the City Council approve this resolution approving a Joint Community Facilities Financing Agreement between the City and the Etiwanda School District. This agreement specifies that the City would take ownership of certain streets, storm drains and park facilities that are constructed by Rancho 2004, LLC, pending completion of annexation proceedings. Per state law, this agreement is necessary in order for these facilities to be funded by a Community Facilities District (CFD). Back.qround This Community Facilities District is being formed at the request of the project developer Rancho 2004, LLP. The project is a mostly residential development known as Henderson Creek and is generally located west of Wardman Bullock Road and south of the Southern California Edison transmission lines. The developer is currently in the process of annexing into the City and will make many public improvements including roads, storm drains, water lines, fire hydrants, schools, parks and sewers. In order for the CFD to fund these public improvements certain actions are required by the appropriate legislative bodies responsible for the improvements. Because streets, storm drains and parks are not the School District's responsibility, it is necessary that an agreement be approved with the City in order for these facilities Page 2 November 3, 2004 APPROVAL OF A RESOLUTION APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY AND THE ETIWANDA SCHOOL DISTRICT PERTAINING TO THE FORMATION OF THE HENDERSON CREEK PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. to be eligible for funding. This agreement states that all proposed public facilities will be built to the City's standards and that the City will take ownership and maintain these facilities once completed. This is also consistent with the City's conditions on the subject property. This agreement is contingent upon the successful annexation of the property into the City. This serves the community by helping to expedite the construction of needed public improvements in this area once it is annexed into the City. The special tax that would pay for the bonds to fund these facilities is being born solely by the developer and is levied only within the boundaries of the CFD. Because this will not have an impact on the general fund, due to the Etiwanda School District being the lead agency, or other taxpayers and because the developer is in agreement with this funding structure for these public improvements, we recommend that the City Council approve this agreement with the Etiwanda School District. Duane A. Baker Assistant to the City Manager RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA SCHOOL DISTRICT PERTAINING TO THE FORMATION OF THE HENDERSON CREEK PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2004-2 WHEREAS, the BOARD OF TRUSTEES of the ETIWANDA SCHOOL DISTRICT (the "Board of Trustees"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the acquisition of certain public facilities. This Community Facilities District shall hereinafter be referred to as HENDERSON CREEK PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2004-2 (the "District"); and, WHEREAS, included among the public facilities proposed to be acquired are certain street, storm drain and park facilities which will be owned, operated and maintained by the City of Rancho Cucamonga (the "City"); and, WHEREAS, the Act provides that the District may finance the acquisition of facilities to be owned or operated by an entity other than the Etiwanda School District (the "School District") only pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, Government Code Section 53316.2 provides that the City Council and the Board of Trustees may enter into a joint community facilities agreement at any time prior to the adoption by the Board of Trustees of the resolution of formation creating the District if each legislative body adopts a resolution declaring that such joint community facilities agreement would be beneficial to the residents of each respective agency; and WHEREAS, the form of a Joint Community Facilities Agreement by and between the City and the School District (the "JCFA") has been presented to this City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION. The City Council hereby declares that the JCFA would be beneficial to the residents of the City. SECTION 3. APPROVAL OF JCFA. The form of JCFA as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other official of the City as may be designated by this City Council (an "Authorized Officer"), is hereby authorized and directed to execute and deliver the JCFA subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney. PASSED, APPROVED, And ADOPTED this day of ,2004. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk T H ~ C I T Y 0 F ~AN C H 0 (] U CAM 0 N GA Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL ©F A COMMUNITY FACILITIES DISTRICT ADVANCE AND REIMBURSEMENT AGREEMENT WITH PULTE HOMES, ACCEPTANCE OF A DEPOSIT OF $122,250 TO ACCOUNT 1618 000 4802 AND APPROPRIATION OF $122,250 TO ACCOUNT 1618 303 5300 RECOMMENDATION It is recommended that the City Council approve the attached Advance and Reimbursement Agreement related to a Community Facilities District (CFD) to fund public improvements. This agreement provides that the developer deposit funds to pay for all services associated with the formation of the CFD. The initial deposit is $122,250 to account 1618 000 4802. If a CFD is formed, this agreement provides for the developer to be reimbursed from the bond proceeds. It is also recommended that the City Council appropriate $122,250 to account 1618 303 5300. BACKGROUND The proposed CFD is being requested by Pulte Homes to fund public improvements and facility fees associated with the Rancho Summit residential development. This project consists of 360 single-family residential units. The development is generally located at the south of Summit Avenue and is bisected by Wardman Bullock Road. The CFD is being contemplated to fund the extension of Banyan Street, the construction of three neighborhood parks, landscaping, storm drain and miscellaneous street improvements. City policy is to require anyone requesting the formation of a CFD to pay all of the associated costs. Further, it has been the City's practice to allow the developers to have these costs reimbursed from the proceeds of the bonds associated with the CFD. This does not affect the City in any way as the payments for the bonds are Page 2 November 3, 2004 APPROVAL OF A COMMUNITY FACILITIES DISTRICT ADVANCE AND REIMBURSEMENT AGREEMENT WITH PULTE HOMES, ACCEPTANCE OF A DEPOSIT OF $122,250 TO ACCOUNT 1618 000 4802 AND APPROPRIATION OF $122,250 TO ACCOUNT 1618 303 5300 coming solely from the developer. Also, should the City Council decide during the CFD public hearing not to form the CFD, the City is in no way obligated to. repay the developer. This initial agreement provides for a deposit of $122,250 to pay for the City's Financial Advisor, Bond Counsel, Appraiser, Market Absorption Study and Special Tax Consultant. Should the City require the services of other professionals, we have the ability to request that additional funds be deposited to pay for those services. This agreement provides for the developer to pay all costs associated with this process. This agreement will not affect the City's budget. Finally, this agreement will facilitate financing for needed public improvements in the community. For these reasons, it is recommended that the City Council approve this Advance and Reimbursement Agreement, accept the deposit and appropriate $122,250 to account 1618 303 5300 to pay for the professional services. Respectfully submitted, Duane A. Baker Assistant to the City Manager T H C I T Y O F ]~AN C H 0 CU CA~l 0 N C.A Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID TAUSSIG & ASSOCIATES FOR SPECIAL TAX CONSULTANT SERVICES FOR A PROPOSED COMMUNITY FACILITIES DISTRICT (RANCHO SUMMIT) IN AN AMOUNT NOT TO EXCEED $39,500. TO BE FUNDED BY THE PROJECT DEVELOPER (ACCOUNT 1618 303 5300). Recommendation It is recommended that the City Council approve a Professional Services Agreement with David Taussig & Associates to provide services as the Special Tax Consultant to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $39,500. The developer requesting the formation of this CFD will pay the total cost for these services (account 1618 303 5300). Back.qround The proposed CFD is being requested by Pulte Homes to fund public improvements and facility fees associated with the Rancho Summit residential development. This project consists of 360 single-family residential units. The development is generally located at the south of Summit Avenue and is bisected by Wardman Bullock Road. The CFD is being contemplated to fund the extension of Banyan Street, the construction of three neighborhood parks, landscaping, storm drain and miscellaneous street improvements. The Special Tax Consultant works for the City to insure that the proposed district has a tax rate that is fair and equitable and is structured in accordance with the law. The developers who are requesting this CFD are paying the cost for the Special Tax Consultant. Because there is no impact to the City financially and because of the Page 2 November 3, 2004 (account 1618 303 5300) need for an experienced Special Tax Consultant to assist in representing the City's interests, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, Duane A. Baker Assistant to the City Manager T H C I T Y 0 F RANCHO CUCAMONGA Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH EMPIRE ECONOMICS FOR MARKET ABSORPTION SERVICES FOR A PROPOSED COMMUNITY FACILITIES DISTRICT (RANCHO SUMMIT) IN AN AMOUNT NOT TO EXCEED $12,750. TO BE FUNDED BY THE PROJECT DEVELOPER (ACCOUNT 1618 303 5300). Recommendation It is recommended that the City Council approve a Professional Services Agreement with Empire Economics to provide market absorption services to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $12,750. The developers requesting the formation of this CFD will pay the total cost for these services (account 1618 303 5300). Background The proposed CFD is being requested by Pulte Homes to fund public improvements and facility fees associated with the Rancho Summit residential development. This project consists of 360 single-family residential units. The development is generally located at the south of Summit Avenue and is bisected by Wardman Bullock Road. The CFD is being contemplated to fund the extension of Banyan Street, the construction of three neighborhood parks, landscaping, storm drain and miscellaneous street improvements. The market absorption study is necessary to insure that the property in question is economically viable and will be able to support the special tax for the CFD. The developer who is requesting this CFD is paying the cost for the market absorption study. Because there is no impact to the City financially and because of the need for a market absorption study of the proposed CFD to insure the financial Page 2 November3,2004 (account 1618 303 5300) viability of the CFD, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, Duane A. Baker Assistant to the City Manager T H E C I T Y 0 F I~AN Clio C~CAMONGA Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BRUCE W. HULL & ASSOC. TO PERFORM APPRAISAL SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (RANCHO SUMMIT) IN AN AMOUNT NOT TO EXCEED $25,000 TO BE FUNDED BY THE PROJECT DEVELOPER (ACCOUNT 1618 303 5300) Recommendation It is recommended that the City Council approve a Professional Services Agreement with Bruce W. Hull & Associates to provide appraisal services to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $25,000. The developers requesting the formation of this CFD will pay the total cost for these services (account 1618 303 5300). Background The proposed CFD is being requested by Pulte Homes to fund public improvements and facility fees associated with the Rancho Summit residential development. This project consists of 360 single-family residential units. The development is generally located at the south of Summit Avenue and is bisected by Wardman Bullock Road. The CFD is being contemplated to fund the extension of Banyan Street, the construction of three neighborhood parks, landscaping, storm drain and miscellaneous street improvements. The appraisal is necessary to insure that the property in question has sufficient value to support the proposed bonded indebtedness per City policy. Page 2 November 3, 2004 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BRUCE HULL & ASSOCIATES TO PERFORM APPRAISAL SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT The developer who is requesting this CFD is paying the cost for the appraiser. Because there is no impact to the City financially and because of the need for an appraisal of the property in the CFD to insure compliance with City policy, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, Duane A. Baker Assistant to the City Manager T H E C I T Y O F I~_AN CIi O C LTCAM O N GA $ tff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH FIELDMAN, ROLAPP & ASSOCIATES FOR FINANCIAL ADVISORY SERVICES FOR A PROPOSED COMMUNITY FACILITIES DISTRICT (RANCHO SUMMIT) IN AN AMOUNT NOT TO EXCEED $20,000 FOR FORMATION SERVICES AND AN AMOUNT NOT TO EXCEED $31,500 FOR DEBT ISSUANCE SERVICES. TO BE FUNDED BY THE PROJECT DEVELOPER (ACCOUNT 1618 303 5300). Recommendation It is recommended that the City Council approve a Professional Services Agreement with Fieldman, Rolapp & Associates to provide services as the financial advisor to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $20,000 for the formation phase and will not exceed $31,500 for the debt issuance phase. The total cost for these services will be paid by the developer requesting the formation of this CFD (account 1618 303 5300). Background The proposed CFD is being requested by Pulte Homes to fund public improvements and facility fees associated with the Rancho Summit residential development. This project consists of 360 single-family residential units. The development is generally located at the south of Summit Avenue and is bisected by Wardman Bullock Road. The CFD is being contemplated to fund the extension of Banyan Street, the construction of three neighborhood parks, landscaping, storm drain and miscellaneous street improvements. The financial advisor works for the City to insure that the proposed district makes financial sense and coordinates the preparation of studies, appraisals and other documents to support that decision. Page2 November3,2004 (account 1618 303 5300) The financial advisor also works for the City during the negotiation with the underwriter to insure that the City receives the most competitive rate possible if and when bonds are sold. The cost for the financial advisor is being paid by the developers who are requesting this CFD. Because there is no impact to the City financially and because of the need for an experienced financial advisor to assist in representing the City's financial interests, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, Duane A. Baker Assistant to the City Manager T H C I T Y 0 F I~AN C Il 0 CUCAHONGA Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BEST BEST & KREIGER, LLP FOR BOND COUNSEL SERVICES FOR A PROPOSED COMMUNITY FACILITIES DISTRICT (RANCHO SUMMIT) IN AN AMOUNT NOT TO EXCEED $25,000 FOR FORMATION SERVICES AND AN AMOUNT NOT TO EXCEED $32,500 FOR DEBT ISSUANCE SERVICES. TO BE FUNDED BY THE PROJECT DEVELOPER (ACCOUNT 1618 303 5300) Recommendation It is recommended that the City Council approve A Professional Services Agreement with Best Best & Kreiger, LLP to provide services as the bond counsel to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $25,000 for the formation phase and will not exceed $32,500 for the debt issuance phase. The developer requesting the formation of this CFD will pay the total cost for these services (account 1618 303 5300). Back,qround The proposed CFD is being requested by Pulte Homes to fund public improvements and facility fees associated with the Rancho Summit residential development. This project consists of 360 single-family residential units. The development is generally located at the south of Summit Avenue and is bisected by Wardman Bullock Road. The CFD is being contemplated to fund the extension of Banyan Street, the construction of three neighborhood parks, landscaping, storm drain and miscellaneous street improvements. The bond counsel works for the City to insure that the proposed district is being formed in accordance with all applicable laws and coordinates the preparation of a§reements, documents and legal opinions to suppor~ district formation. Page 2 November 3, 2004 (account 1618 303 5300) The developers who are requesting this CFD are paying the cost for the bond counsel. Because there is no impact to the City financially and because of the need for an experienced bond counsel to assist in representing the City's legal interests, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, Duane A. Baker Assistant to the City Manager [~ A N C H O C U C A M O N G A ENGI,N E E R I N G DE PART~IE N T Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Senior Civil Engineer ,~ / SUBJECT: APPROVE A REIMBURSEMENT OF $116,303.07 FROM MEASURE I FUND BALANCE, ACCOUNT NO. 1176303-9612, TO CFD 2001-01 FUND BALANCE, ACCOUNT NO. 1612000-8176, APPROPRIATE $116,303.07 TO ACCOUNT NO. 16123035650/1442612-0 FROM CFD 2001-01 (FUND 612) FUND BALANCE, AND APPROVAL TO INCREASE THE AWARD TO THE SULLY-MILLER CONTRACT (CO 03-073) IN AN AMOUNT NOT TO EXCEED $116,303.07 RECOMMENDATION Approve of a reimbursement of $116,303.07 from Measure I fund balance, Account No. 1176303-9612, to CFD 2001-01 fund balance, Account No. 1612000-8176, appropriate $116,303.07 to Account No. 16123035650/1442612-0 from CFD 2001-01 (fund 612) fund balance, and approval to increase the award to the Sully-Miller Contract (CO 03-073) in an amount not to exceed $116,303.07. BACKGROUND/ANALYSIS During the course of its construction contract with Sully-Miller Contracting Company the City, out of necessity, authorized by Contract Change Order certain improvements, paving Church Street from Rochester Avenue east to the Southern California Edison corridor and Etiwanda Avenue at Church Street, to be made that were outside the scope of CFD 2001- 01. The CFD was formed as the funding mechanism for infrastructure improvements benefiting the Victoria Gardens Regional Center. During the course of construction and prior to the AC cap on the streets within the CFD it became evident the contractor for the CFD improvements, Sully-Miller Contracting Company, should complete the certain CITY COUNCIL STAFF REPORT Re: Sully-Miller - Measure I Reimbursement November 3, 2004 Page 2 additional improvements with reimbursement of those costs coming from other funding sources within the City. Respectfully submitted, Willia~ J. O'Neil City'Engineer WJO:JAD:Is Attachments: Vicinity Map ¢IL~ON AVE DN~F && ~m ~T NTS ~TH6T SIT~ LIMIT F'I~OJECT LOCATION COl.'UNITY FA. CII2TmS DI~f~dCT VICTORIA GARDENS MALL VICINITY MAP ~ A N C H O C U C A M O N G A ~NGINE EDIN G DEF'AI~THENT St Report DATE: November 3, 2004 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Joe Stofa Jr., Associate Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND LAND SWAP AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR TENTATIVE TRACT 14759 LOCATED AT WARDMAN BULLOCK ROAD AND WILSON AVENUE SUBMITTED BY PULTE HOMES RECOMMENDATION It is recommended that City Council adopt the attached Resolutions approving the subject Agreements, Securities and Land Swap Agreement for Tentative Tract 14759 and authorizing the Mayor and the City Clerk to sign said agreements. BACKGROUND/ANALYSIS Tentative Tract 14759, located at Wardman Bullock Road and Wilson Avenue was approved by the City Planning Commission on November 10, 1999 with the approval of Resolution No. 99-11 for the development of 358 single-family homes and 3 lettered lots for common open space/parks totaling 18.3 acres on 132 acres of land. The proposed Land Swap with San Bernardino County Flood Control District will remove the existing diagonal Summit/Banyan Street between East Avenue and Wardman Bullock Road and be replaced with equivalent land that will relocate Summit/Banyan Street to a true east-west direction, rather than the diagonal as it is currently. There is no exchange of any monies in this transaction. The relocation of Summit/Banyon will be constructed by Pulte Homes as a condition of approval for their development. CITY COUNCIL STAFF REPORT TRACT 14759 November 3, 2004 Page 2 The Developer, Pulte Homes is submitting agreements and securities to guarantee the construction of Phases 1 and 2 in the following amounts: Tract 14759-1 Tract 14759-2 Faithful Performance $3,202,200.00 $1,350,000.00 Labor and Material $1,601,100.00 $ 675,000.00 Copies of the agreements and securities are available in the City Clerk's Office Res~pectfully submitted, . Willia~r~ J. O'Neil City ~gineer WJO:OS:dlw A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES FOR TENTATIVE TRACT 14759 WHEREAS, Tentative Tract Map 14759, submitted by Pulte Homes and consisting of 358 single family homes located at Wardman Bullock Road and Wilson Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga on November 10, 1999 and is in compliande with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, the requirement established as prerequisite to approval of the final map by the City Council .of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Pulte Homes, as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security, submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest. R SOLU ,ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LAND SWAP AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE BENEFIT OF RANCHO CUCAMONGA AND IN CONJUNCTION WITH TRACT 14759 SUBMI-I-rED BY PULTE HOMES WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Agreement submitted by Pulte Homes, as developer, for the exchange of land known as "Summit Avenue/Banyan Avenue" within the Flood Control District Properly generally located between East Avenue and Wardman Bullock Road; and WHEREAS, the land swap, described in said Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 14759; and WHEREAS, said land swap is an even exchange, thus no additional cost to the city. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves, that said Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. T H £ ~ I T Y © F I~AN C H 0 CU CAM 0 N GA TO: Mayor and Members of the City Council Jack Lam, City Manager DATE: November 3, 2004 FROM: Lawrence I. Temple, Administrative Services Director BY: George S. Rivera, Administrative Services Manager SUBJECT: Approval of Resolution Authorizing A Correction to The Amendment to The Contract Between The City of Rancho Cucamonga and California Public Employees Retirement System RECOMMENDATION Staff recommends that the City Council approve the resolution authorizing a correction to the amendment to the contract between the City and the Board of Administration of the California Public Employees Retirement System (CalPERS). BACKGROUND On July 17, 2002 the City Council adopted a resolution to amend the City's contract with CalPER$ to provide the new "2.5% @ 55" retirement formula. CalPERS wrote the contract amendment to indicate that the formula was applicable "to all local miscellaneous employees". This was done because legislation was being considered at that time to make the new formula applicable to all inactive and active employees who had not yet retired. That legislative proposal is no longer being considered and the new formula is applicable to only those employees in employment with the City on or after the amendment effective date. Therefore, CalPERS has requested that we amend our contract accordingly. Adoption of the resolution clarifies that our CalPER$ contract is in accordance with the Government Code by indicating that the new formula applies only to miscellaneous employees employed by the City of Rancho Cucamonga on or after the amendment effective date of December 2, 2002. It does not change any other provision of the contract. Respectfully Submitted Lawrence I. Temple Administrative Services Director RESO'UT,O. AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective January 28, 1978 providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, said contract was amended effective December 2, 2002; and WHEREAS, due to an inadvertence, paragraph "5" read: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). [Note that legislation has been proposed that could amend Government Code Section 21354.4 to make the 2.5% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.]";and WHEREAS, Section 20472 of the Government Code provides that corrections may be made through amendments approved by the adoption of suitable resolutions by the contracting parties; NOW, THEREFORE, BE IT RESOLVED that said governing body of Public Agency authorizes, and it does hereby authorize, a correction to the amendment to contract effective December 2, 2002 as follows: A. Paragraph 5 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full)"; and B. Paragraph 6 of said contract shall be added as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 2, 2002 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full)"; and C. Paragraph numbers "6 through 11"; shall be renumbered paragraph numbers "7 through 12". BE IT FURTHER RESOLVED, that the presiding officer of the governing body of Public Agency is hereby authorized, empowered, and directed to execute said amendment for and on behalf of Public Agency. Adopted this day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF RANCHO CUCAMONGA BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Attest: Clerk 616 ResoJution 7-2002 I~ A N H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Senior Civil Engineer ~ SUBJECT: APPROVAL TO APPROPRIATE $405,719.05 TO ACCOUNT NO. 17053035650/1382705-0 FROM FUND 705 FUND BALANCE, AND APPROVAL TO INCREASE THE AWARD TO THE SULLY-MILLER CONTRACT (CO 03-073) FOR COMMUNITY FACILITIES DISTRICT 2001- 01 IN AN AMOUNT NOT TO EXCEED $405,719.05, FOR RECONCILIATION OF A PREVIOUSLY APPROVED CONTRACT CHANGE PER COUNCIL ACTION SEPTEMBER 17, 2003 RECOMMENDATION Approval to appropriate $405,719.05 to Account No. 17053035650/1382705-0 from fund 705 fund balance, and approval to increase the award to the Sully-Miller Contract (CO 03- 073) in an amount not to exceed $405,719.05, for reconciliation of a previously approved Contract Change Order per Council Action September 17, 2003. BACKGROUND/ANALYSIS On August 6, 2003, City Council approved a resolution authorizing the advertising of the "Notice Inviting Bids" and approving plans and specifications for the Electrical Distribution System Conduit and Substructure Project. Staff negotiated separately with Sully-Miller, the contractor for Community Facilities District (CFD) improvements within Day Creek Boulevard, to construct the portion of the electrical distribution on Day Creek Boulevard as a change order to the CFD contract. This allowed for the minimization of potential construction and scheduling conflicts between the proposed storm drain and sewer construction and the simultaneous construction of the electrical distribution system along CITY COUNCIL STAFF REPORT Re: Increase Award to Sully-Miller Contracting November 3, 2004 Page 2 this same stretch of roadway. On September 17, 2003, City Council approved authorization of the change order to Sully-Miller Contracting Company. Respectfully submitted, Willial~J. 0 Nell City Engineer WJO:JAD:Is Attachments: Vicinity Map I []ff, bSO~^W II / '*,,,=,, ^v~ ',/lU~ONAW ~ ~ ~ ~ ~r II -- ~ ~11 ~ ~ ~ ~VICTC APAB~ LN PC ~HILLDLVD ~~pT~~~ O~A~I~ LIMIT FEOJECT ~ LOCATION CO~.~'~ ~'~s D~r~ VICINITY R ^ N C H O C U C ^ M O N G ^ E N (3 I N E E RI N G D E PA R T M E N T Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: JeffBames, Parks and Landscape Maintenance Superintendent SUBJECT: ACCEPT THE BIDS RECEIVED, AUTHORIZE EXPENDITURE OF $88,150 FROM THE CAPITAL RESERVE ACCOUNT 1025001-5650/1497025-0 AND AUTHORIZE AN ADDITIONAL APPROPRIATION OF $32,795 FROM CAPITAL RESERVE FUND BALANCE iNTO ACCOUNT NUMBER 1025001-5650/1497025-0; AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RANCHO CUCAMONGA AND GOLDEN STATE FENCE COMPANY OF RIVERSIDE FOR THE REMOVAL AND REPLACEMENT OF GRAND PRiX FIRE DAMAGED FENCING LOCATED ALONG THE SKYLINE, MONROE CANYON, DAVIS AND HERMOSA EASEMENT COMMUNITY EQUESTRIAN TRAILS 1N THE AMOUNT OF $109,950 AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $10,995 FOR A TOTAL APPROPRIATION OF $120,945 TO BE FUNDED FROM CAPITAL RESERVE ACCOUNT 1025001-5650/1497025-0 RECOMMENDATION It is recommended that the City Council accept the bids received, authorize expenditure of $88,150 from Capital Reserve account 1025001-5650/1497025-0 and authorize an additional appropriation of $32,795 from Capital Reserve fund balance into account number 1025001- 5650/1497025-0; award and authorize the execution of a contract between the City of Rancho Cucamonga and Golden State Fence Company of Riverside for the removal and replacement of Grand Prix fire damaged fencing located along the Skyline, Monroe Canyon, Davis and Hermosa Easement Community Equestrian Trails in the amount of $109,950 and authorize the expenditure of a 10% contingency in the amount of $10,995 for a total appropriation of $120,945 to be funded from Capital Reserve account 1025001-5650/1497025-0 BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on August 18,2004 for the subject project. One bid was received from Golden State Fence Company. This submittal has been found to be complete and meets the requirements of the bid documents. CITY COUNCIL STAFF REPORT--AWARD OF "REMOVAL AND REPLACEMENT OF GRAND PPdX FIRE DAMAGED FENCING LOCATED ALONG THE SKYLINE, MONROE CANYON, DAVIS AND HERMOSA EASEMENT COMMUNITY EQUESTRIAN TRAILS" PROJECT NOVEMBER 3, 2004 PAGE 2 The scope of the work to be performed in general consists of the removal and off-site disposal of burned, melted and non-standard PVC fencing, including removing existing damaged or sub-standard PVC posts or stubs to 4 inches below grade, restoring the excavated post holes with decomposed granite and the installation of 2-rail or 3-rail PVC fencing. The Finance Department has received approval from the State Office of Emergency Services for $59,544 in reimbursement; however, the bid received for the fencing damaged in the fire was $83,394. Staff has submitted a letter to the State outlining this price difference and has requested an increased award and is awaiting their response. Simultaneous with the replacement of the fnte-damaged fence, Staff has determined the need to replace additional lengths of equestrian fencing adjacent to the damaged portions. These additional sections are not uniform in appearance and are not as durable as required by the current trail fencing standards. This was bid separately fi:om the base bid, was listed as "Alternate 2" on the bid sheets and will cost an additional $26,556 (plus a 10% contingency). Summary Base Bid Bid Alternate 2 $83,394 $26,556 plus 10% contingency + $ 8,339 $ 2,656 $91,733 + $29,212 = $120,945 Reimbursement from FEMA - $59,544 $ 0 - $ 59,544 Total to be funded by City $32,189 + $29,212 = $ 61,401 Work will not beg/n until after approval is received by the State Office of Emergency Services. Bid Summary is attached. Re,sp~'t'ully submitted, Willi~r~/n J. O'Neil City En~neer WJO/dlw BID SUMMARY REMOVAL AND REPLACEMENT OF GRAND PRIX FIRE DAMAGED FENCING LOCATED ALONG THE SKYLINE, MONROE CANYON, DAVIS AND HERMOSA EASEMENT COMMUNITY EQUESTRIAN TRAILS Golden State Fence Company--only bid received LOCATION Base Bid BID ALTERNATE 2 Skyline Trail $23,983.80 $26,742.20 Monroe Canyon Trail $20,806.00 $20,806.00 Davis Trail $16,828.80 $32,289.00 Hermosa Easement $21,775.40 $30,112.60 TOTALS $83,394.00 $109,949.80 THE CITY OF I~AN C H 0 C U CA310 N C.A Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst SUBJECT: Approval of Amendment No. 1 to the Joint Powers Agreement creating the California Cities Home Ownership Authority (CCHOA). RECOMMENDATION: It is recommended that the City Council approve and authorize the Mayor to execute an amendment to the Joint Powers Agreement creating the California Cities Home Ownership Authority. BACKGROUND/ANALYSIS: The City of Rancho Cucamonga has been a member of the California Cities Home Ownership Authority (CCHOA) since 1997. CCHOA was created to implement programs to assist families and individuals who otherwise could not qualify or afford loans from private lenders to acquire homes within the jurisdiction of CCHOA member cities. Since beginning operations in 1998, CCHOA has had some success in providing Iow down- payment mortgage assistance to potential home buyers through the lease-to-purchase program. The operation of CCHOA is funded by proceeds from the sale of bonds. The investment banking firm, J.K. Chilton & Associates has served as the primary underwriter in the initial public offerings of two bond issues. Partly because of the firm's familiarity with lease purchase programs at the time of CCHOA's formation, the original Joint Powers Authority Agreement contained a provision stating that "J.K. Chilton & Associates, Inc., shall serve as underwriter for the Bonds issued by the Authority." With the CCHOA-I Bonds maturing in December 2003, the CCHOA Board of Directors has begun exploring various options to further its goal of providing assistance to qualified home buyers. To enable CCHOA to explore a wide range of possibilities, including lease-purchase programs, the Board of Directors has recommended that CCHOA change its current exclusive relationship with J.K. Chilton & Associates. The proposed amendment will allow CCHOA to work with other underwriters, as well as J.K. Chilton & Associates, in its bond financing. The amendment will not become effective until it has been authorized and executed by all thirteen (13) member cities and the County of San Bernardino. Respectfully submitted, Linda D. Daniels Redevelopment Director R A N C H O C U C A M O N G A E N G I N E E R I N G D E PA R TI~i E N T Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Maria Perez, Associate Engineer¢'~ Richard Oaxaca, Engineering Technician,~ SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $384,100.00 TO THE APPARENT LOW BIDDER, DOMINGUEZ GENERAL ENGINEERING CONTRACTOR, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $38,410.00 FOR THE DEVON STREET STORM DRAIN, FROM ARCHIBALD AVENUE TO MALVEN AVENUE, TO BE FUNDED FROM GENERAL DRAINAGE FUNDS, ACCOUNT NO. 11123035650/1341112-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $384,100.00 to the apparent Iow bidder, Dominguez General Engineering Contractor, and authorize the expenditure of a 10% contingency in the amount of $38,410.00, for The Devon Street Storm Drain, from Archibald Avenue to Malven Avenue, to be funded from General Drainage funds, Account No. 11123035650/1341112-0 BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on October 21, 2004, for the subject project. The Engineer's estimate was $389,010.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. CITY COUNCIL STAFF REPORT Re: Award Devon Street Storm Drain Project November 3, 2004 Page 2 The scope of work to be performed on this project in general consists of the installation of storm drain facilities including reinforced concrete pipe, catch basins, grading, cold milling, asphalt concrete pavement, overlay, and adjustment of existing utilities to new grade. The contract documents call for forty (40) working days to complete this construction. Respectfully submitted, ~J. 0 Neil City Engineer WJO:MP/RO:Is Attachment BID SUMMARY FOR BID OPENING OCTOBER 21, 2004 APPARENTLOWBIDDER Devon Street Storm Drain Improvements from Archibald ENGINEERS COST Dominguez General Engineering Avenue to Malven Avenue ESTIMATE Contractor ' UNIT UNIT BID CORRECTED NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT AMOUNT 1. 1 LS Mobilization $30,000.00 $30,000.00 $10,970.00 $10,970.00 $10,970.00 2. 460 SF Removal cross gutter and spandrel $2.00 $920.00 $7.00 $3,220.00 $3,220.00 3. 2 EA Remove existing catch basin and plug existing 18" X 29" CMPA SI,000.00 $2,000.00 $500.00 $1,000.00 SI,000.00 4. EA Removetree $500.00[ $500.00 $1,500.00 $1,500.00] $1,500.00 f 5. 1 LS Remove interferring portion of abandoned 6" water lines and cap end $1,000.00 $1,000.00 $600.00 $600.00 $600.00 6. 20 TONS 4" Crushed Aggregate $70.00 $1,400.00 $20.013 $400.013 $400.00 7. 60 TONS Asphalt concrete pavement and overlay $100.00 $6,000.00 $155.0(~ $9,300.00 $9,300.00 8. 130 SY Variable Cold Plane from 0' to 0.10' Deep $15.00 $1,950.00 $50.00 $6,500.00 $6,500.00 9. 5 EA Adjust Water Valve $100.00 $500.00 $300.00 $1,500.00 $1,500.00 10. 4 EA Catch Basin, W=7', including local depression and removal ofcurb and gutter $4,000.00 $16,000.00 $9,500.00 $38,000.00 $38,000~00 Catch Basin, W= 12', including local depression and I 11. 1 EA removal ofcurb and gutter $5,000.001 $5,000.00 $11,000.00 $11,000.00 $11,000.00 12. 2 EA Catch Basin, W=14.', including local depression and removal ofcurb and gutter $6,000.00 $12,000.00 $13,000.00 $26,000.00 $26,000.00 13. 3 EA Junction Structure No. 2 $1,800.00 $5,400.00 $2,850.00 $8,550.00 $8,550.00 14. 1 EA Transition Structure No. 3 $4,500.00 $4,500.00 $5,000.00 $5,000.00 $5,000.00 15. 4 EA ManholeNo. 2 $5,300.00 $21,200.00 $6,500.001 $26,000.00 $26,000.00 16. 290 SF Construct PCC spandrel $14.00 $4,060.00 $20.001 $5,800.00 $5,800.00 17. I LS Bracing and Shoring $50,000.00 $50,000.00 $5,000.00 $5,000.00 $5,000.00 60" RCP (1400D), in¢inding excavation, backfill, trench repair per City Std. 18. 150 LF 120 and Sections "A" and "B", Pavement Replacement Detail on Sheet 1 $260.00 $39,000~0C $314.00 $47,100.00 $47,100.00 19. 200 LF 48" RCP ( I 100D), including excavation, backfill, trench repair per City Std. 120andSections"A"and"B",PavementReplacementDetailonSheetl $200.00 $40,000.013 $198.00 $39,600.00 $39,600.0C 20. 460 LF ~s" RCP (I 50OD), including excavation, backfill, ixench repair per City Std. 120 and Sections "A" and "B", Pavement Replacement Detailon Sheet I $200.00 $92,000.013 $180.00 $82,800.00 $82,800.0C 21. 6 LF 36" RCP (1250D), including excavation, backfill, trench repair per City Std. 120 and Secltdns "A" and "B", Pavement Replacement Detail on Sheet I $150.013 $900.0~ $200.00 $1,200.00 $1,200.0fl 22. 90 LF 24" RCP (I 50OD), including excavation, backfill. Uench repair per City Std. 120andSections"A"and"B",PavementReplacementDetailonSheetl $150.013 $13,500.013 $150.00 $13,500.00 $13,500.00 23. 3 EA Construct bulkhead per SBCFCD SP 176 and SP 176A $2,000.0(3 $6,000.00 $200.00 $600.00 $600.00 24. 12 LF Trenching, install conduit, pull ropes and backfill per SCE D.W.O. 6034-2094 $40.00 $480.00 $50.00 $600.00 $600.00 25. 13 EA Construct support for conduits across trenches per City Std. Dwg. 339 $1,000.00. $13,000.00 $400.00 $5,200.00 $5,200.00 26. 11 LS Restore landscape and irrigation system $1,000.00 $1,000.00 $500.00 $500.00 $500.00 27. LS Fraffic Control, including k-rail $1,000.00 $1,000.00 $7,000.00 $7,000.00 $7,000.00 28. LS traffic Striping $10,000.001 $10,000.00 $5,910.00 $5,910.013 $5,910.00 29. 3 EA Construction Notification Signs $1,000.00 $3,000.00 $250.00 $750.001 $750.00 30. 1 ES check va ye mou g bracke[ float switches, wires, conduits, per detail $6,000.00 $6,000.00 $9,000.00 $9,000.00 $9,000.00 Install Enclosure Cabibet, per detail sheet 6 of 7, incuding I 31. I EA concrete pad $700.00 $700.00 $I0,000.00~ $10,000.Ofl $10,000.00 Page l TOTAL $389,010.00 7 q 15375'100'00 $384,100.00 BID SUMMARY FOR BID OPENING OCTOBER 21, 2004 Devon Street Slorm Drain Improvements from Archibald Avenue to C.P. Construction Co., Ross A. Guy & Son, Inc. Malven Avenue Inc. UNIT UNIT I NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT 1. I LS Mobilization $15,000.00 $15,000.00 $14,400.00 $14,400.00 2. 460 SF Removal cross guiter and spandrel $4.00 $1,840.00 $4.80 $2,208.00 3. 2 EA Remove existing catch basin and plug existing 18" X 29" CMPA $1,250.00 $2,500.00 $1,130.00 $2,260.00 4. 1 EA Remove tree $650.00 $650.00 $810.00 $810.00 5. I LS Remove interferring portion of abandoned 6" water lines and cap $950.00 $950.00 $970.00 $970.00 end 6. 20 TONS 4" Crushed Aggregate $65.00 $1,300.00 $48.00 $960.00 7. 60 TONS Asphalt concrete pavement and overlay $220.00 $13,200.00 $64.00 $3,840.00 8. 130 SY Variable Cold Plane from 0' to 0.10' Deep $15.00 $1,950.00 $4.80 $624.00 9. 5 EA Adjust Water Valve $125.00 $625.00 $161.00 $805.00 10. 4 EA Catch Basin, W=7',includinglocaldepression and removalof $6,500.00 $26,000.00 $6,980.00 $27,920.00 curb and 8utter Zatch Basin, W=I 2', including local depression and removal of $9,500.001 $9,500.01~ $8,150.00 $8,150.00 11. EA :urb and gutter 12. 2 EA U. atch Basin, W=I4', including local depression and removal of :urb and gutter $11,500.00 $23,000.00 $12,000.00 $24,000.00 13 3 EA Junction Structure No. 2 $1,850.00 $5,550.00 $1,920.00 J $5,760.00 14 EA Fransition Structure No. 3 $4,950.00 $4,950.0C $3,760.00 $3,760.00 15.I 4 EA ManholeNo. 2 $6,500.00[ $26,000.0C $4,890.00, $19,560.00 16.! 29C SF Construct PCC spandrel $30.00 $8,700.012 $15.00 $4,350.00 l 7.1 LS Bracing and Shoring $8,500.00 $8,500.0C $8,060.00 $8,060.00 50" RCP (1400D), including excavation, backfill, trench repair per City Std. 120 and $295.00 $44,250.00 $343.00 $51,450.00 18. 150 LF Sections "A" and "B", Pavemenl Replacement Detail on Sheet 1 ~8"RCP(ll00D),includthgexcavafion,backfill, tzenchrepairperCityStd. 120and $225.00 $45,000.00 $319.00 $63,800.00 19. 200 LF Sections "A" and "B". Pavement Replacement Detail on Sheet 1 18"RCP(l$00Dj, lncludingexcavation, backfill, trenchrepairperCityStd. 120and $225.001 $103,500.00 $321.00 $147,660.0(1 20. 460 LF gectinns "A" and "B", Pavement Replacemen~ De~il on Sheet I 36" RCP (1250D), including excavation, baclOil[, trench repair per City Std. 120 ana $150.001 $900.00 $312.00 $1,872 21. 6 CF Sections "A" and "B", Pavement Replacement De,ail on Sheet 1 24" RCP (I 500D), including excavation, backfill, trench repair per City Std. 120 and 22. 90 LF Sectlon~"A" and"B". Pavement Replacement Detailon Sheet I $115.00 $10,350.00 $304.00 $27,360.00 23. 3 EA Construct bulkhead per SBCFCD SP 176 and SP 176A $750.00 $2,250.00 $400.00 $1 24. 12 LF Trenching, install conduit, pull ropes and backfill per SCE D.W.O. $35.00 $420.00 $81.00 $972.00 6034-2094 25. 13 EA Construct support for conduits across trenches per City Std. Dwg. $450.00 $5,850.00 $400.00 $5,200.00 339 2 6. 1 LS Restore landscape and irrigation system $6,500.001 $6,500.00 $970.00 $970.00 27. 1 LS Traffic Control, includingk-rail $13,500.o01 $13,500.00 $8,060.00 $8,060.00 28. 1 LS Traffic Striping $4,850.00 $4,850.00 $4,030.00 $4,030.00 29. 3 EA Construction Notification Signs $550.00 $1,650.00 $640.00 $1,920.00 install Duplex pump system with slide rail incg junction box, controller, check valve, 30. LS mounting bracket, float switches, wires, conduits, per detail sheet 6 of 7 $12,500.00 $12,500.00 $8,060.00 $8,060.00 3 1. 1 EA Install Enclosure Cabibet, per detail sheet 6 ofT, incuding $10,000.00 $10,000.00 $3,220.00 $3,220.00 concrete pad Page :2 TOTAL I5411'735'00 7~ $454,211.00 BID SUMMARY FOR BID OPENING OCTOBER 21, 2004 Devon Street Storm Drain Improvements from Archibald Avenue to SRD Engineering, Inc. Malven Avenue UNIT BID CORRECTED NO QTY UNIT DESCRIPTION COST AMOUNT AMOUNT 1. 1 LS Mobilization $12,000.00 $12,000.00 $12,000.00 2. 460 SF Removal cross gutter and spandrel $7.00 $3,220.00 $3,220.00 3. 2 EA Remove existing catch basin and plug existing 18" X 29" CMPA $1,760.00 $3,520.00 $3,520.00 4. EA Remove tree $1,380.00 $1,380.00 $1,380.00 Remove interferfing portion of abandoned 6" water lines and cap $4,900.00I 5. LS end $4,900.00 $4,900.00 6. 213 TONS 4" Crushed Aggregate $130.00 $2,600.00 $2,600.00 7. 613 TONS Asphalt concrete pavement and overlay $144.00 $8,040.00 $8,640.00 8. 1313 SY Variable Cold Plane from 0' to 0.10' Deep $49.00 $5,070.00 $6,370.00 9. 5 EA Adjust Water Valve $288.00 $1,440.00 $1,440.00 Catch Basin, W=7', including local depression and removal of I 10. 4 EA curb and gutter $5,260.00 $21,040.00~ $21,040.00 11. EA Catch Basin, W=12~, including tocal depression and removal of $5,900.00 $5,900.00 $5,900.00 curb and gutter 12. 2 EA Catch Basin, W=14', including local depression and removal of $7,140.00 $14,280.00 $14,280.00 curb and gutter 13. 3 EA Junction Structure No. 2 $1,830.00 $5,490.00 $5,490.00 14 EA Transition Structure No. 3 $5,200.00 $5,200.001 $5,200.00 15 4 EA Manhole No. 2 $4,270.00 $17,080.00 $17,080.00 16 2913 SF Construct PCC spandrel $12.3oI $3,567.00 $3,567.00 17 LS Bracing and Shoring $8,200.001 $8,200.00 $8,200.00 I 60" RCP (140OD), ~ncluding excavation, backfill, trench repair per City Std. 120 and 18. 1513 LF Sections"A"and"B".PavementReplacementDetailonSheetl $360.00 $54,000.00 $54,000.00 19.1 2oc CF 48' RCP ( I I 0OD), includlng excavation, backfill, tlench repair per City Std 120 and Sections "A" and "B", Pavement Replacement DetailonSheet I $288.00 $57,600.00 $57,600.00 2o.I 4613 LF 48" RCP (1500D), including excavation~ backfill, trench repair per City Std. 120 and Sections"A"and"B",PavementReplacementDetailonSheetl $291.00 $133,860.00 $133,860.00 21.[ 6 LF 36" RCP (1250D), including excavation, backfill, ~'ench repair per City Std. 120 and $3,720.00 Sections "A" and "B", P ..... t Repl ..... t Detail on Sheet I $620.00 $3,720.00 24" RCP (1500D), h~cluding excavation, backfill, ~'ench repair per Cit~ Std. 120 and I 22.1 9C LF Sectioas "A" and"B". P ...... t Repla .... t Detailon Sheet I $293.00 $26,370.00 $26,370.00 23.1 3 EA Construct bulkhead per SBCFCD SP 176 and SP 176A $2,010.013 $6,o30.ooI $6,030.00 d Trenching, install conduit, pull ropes and backfill per SCE D.W.O ] 24. 12 LF 6034-2094 $92.013 $1,104.001 $1,104.00 25. 13 EA Construct support for conduits across trenches per City Std. Dwg. 339 $1,230.00 $15,990.00 $15,990.00 26. LS Restore landscape and irrigation system $5,300.00 $5,300.00 $5,300.00 27. LS 'Traffic Control, includingk-rail $22,000.0(I $22,000.00 $22,000.00 28. LS traffic Striping $4,230.013 $4,230.00 $4,230.00 29 3 EA Iconstruction Notification Signs $760.00[ $2~280.001 $2,280.00 30. 1 LS mountingbracket, floatswitches, wh-es, conduiis, perdetailsheetOof7 $10,800.00 $10,800.00 $10,800.00 Install Enclosure Cabibet, per detail sheet 6 of 7, incuding I I 3 1. I EAconcrete pad $13,200.001 $13,200.001 $13,200.00 Pa e3 TOTA $479,411.00 $4gl,3..00 BID SUMMARY FOR BID OPENING OCTOBER 21, 2004 Devon Street Storm Drain Improvements from Archibald Savala Constr. Co. Vasilj, Inc. dba Ivanko, Avenue to Malven Avenue Inc. UNIT BID CORRECTEO UNIT NO QTY UNIT DESCRIPTION COST AMOUNT AMOUNT COST AMOUNT 1. 1 LS Mobilization $18,15o.ooI $18,150.00 $18,150.00 $10,000.00 $10,000.00 2. 460 SF Removal cross gutter and spandrel $2.75 $1,265.00 $1,265.00 $2.00 $920.00 Remove existing catch basin and plug existing 18" X 29" 3. 2 EA CMPA $1,650.00 $3,300.00 $3,300.00 $2,000.00 $4,000.00 4. 1 EA Remove tree $1,650.00 $1,650.00 $1,650.00 $750.00 $750.00 Remove interferrlng portion of abandoned 6" water lines 5. 1 LS and cap end $4,400.00 $4,400.00 $4,400.00 $3,000.00 $3,000.00 6. 20 TONS 4" Crushed Aggregate $22.00 $440.001 $440.00 $125.00 $2,500.00 7. 60 TONS Asphalt concrete pavement and overlay $88.00 $5,280.0(] $5,280.012 $150.00 $9,000.00 8. 130 SY Variable Cold Plane from 0' to 0.10' Deep $34.10 $4,433.0(] $4,433.0C $40.00 $5,200.00 9. 5 EA Adjust Water Valve $330.00 $1,650.00 $1,650.0C $150.00 $750.00 Catch Basin, W=T, including local depression and 10. 4 EA removalofcurbandgntter $5,830.00 $23,320.001 $23,320.013 $5,000.00 $20,000.00 Catch Basin, W=I 2', including local depression and I 11. I EA removalofcurbandgu~er $6,160.00 $6,160.001 $6,160.0{3 $7,500.00 $7,500.00 Catch Basin, W=I4', including local depression and 12. 2 EA removal ofcurb and gutter $9,680.00 $19,360.00 $19,360.013 $12,500.00 $25,000.00 13. 3 EA lunction Structure No. 2 $1,650.00 $4,950.00 $4,950.012 $4,000.00 $12,000.00 14. I EA Fransition StructureNo. 3 $4,290.00 $4,290.00 $4,290.013 $5,000.00 $5,000.00 15. 4 EA Manhole No. 2 $4,620.00 $18,480.00 $18,480.0(] $6,000.00 $24,000.00 spandrel $27.50 $7,975.001 $7,975.0(] $20.00 $5,800.00 16. 290 SF Construct PCC 17. 1 LS Bracingand Shoring $5,500.00 $5,500.00 $5,500.00 $30,000.00 $30,000.00 18. 150 LF ~o~' RCP (1400D), including excavation' backfill, trench repair per City Std. I 120 and Sections "A" and "B", Pavement Replacement Detail on Sheet l $409.20 $61,380.00 $61,380.0¢ $325.00 $48,750.00 19. 200 CF 12018" RCP (l lOOD), including excavation, backfill,~l'ench repair per City Std.and Sections "A" and "B", Pavement Replacement Detail on Sheet 1 $322.301 $64,460.001 $64,460.00 $395.001 $79,000.00 20. 460 LF IS" RCP (1500D), including excavation, backfill t~ench repair per City Std. I 120andSections"A"and"n",PavcmentReplacementDetationSheetl $322.30 $148,258.00 $148,258.00 $395.00 $181,700.0C 120 and Sections "A" and "I~", Pavemeut Repl ...... t Detati on Sheet I $322.30 $1,933.80 $1,933.80 $200.00 $1,200.0(] 22. 90 CF !4- RCP (1500D), including ...... lion, backfill, ilench repair per City Std. 120andSections"A"and"B",PavcmentReplacememDetationSheell $350.90 $31,581.00 $31,581.00 $200.00 $18,000.013 23. 3 EA :onstructbulkheaaperSBCFCDSm176andSP176A $990.001 $2,970.001 $2,970.00 $3,000.001 $9,000.0(] 24. 12 LF Frenching, install conduit, pull ropes and backfill per SCE I D.W.O. 6034-2094 $110.00 $1,320.00 $1,320.00 $100.00 $1,200.0(] ~onstruct support for conduits across trenches per City 25. 13 EA Std. Dwg. 339 $165.00, $2,145.00 $2,145.00 $750.00 $9,750.0(] 26. 1 LS Restore landscape and irrigation system $2,750.00 $2,750.00 $2,750.00 $500.00 $500.00 27. 1 LS traffic Control, including k-rail $5,500.00 $5,500.001 $5,500.00 $10,000.00 $10,000.00 28. 1 ES ITraffic Striping $4,290.00 $4,290.00 $4,290.00 $5,000.00 $5,000.00 29. 3 EA Construction Notification Signs $1,650.00 $1,650.00 $4,950.00 $2,000.00 $6,000.00 30. LS check valve, mountiug bracket, float switches, wires, conduit, per detail $15,400.00[ $15,400.00 $15,400.00 $10,000.00 $10,000.00 Install Enclosure Cabibet, per detail sheet 6 of 7, incuding $11,000~00 $11,000.00 $11,000.00 $5,000.00 $5,000.00 31. 1 EA concrete pad 4 TOTAl $485,240.80 $488,540.80 Page $550,520.00 BID SUMMARY FOR BID OPENING OCTOBER 21, 2004 Devon Street Storm Drain Improvements from Archibald Bonadiman-McCain Mladen Grbavac Construction Avenue to Maiven Avenue Inc. UNIT UNIT BID CORRECTED NO QTY UNIT DESCRIPTION COST ~AMOUNT COST AMOUNT AMOUNT 1. 1 LS Mobilization $50,000.00 $50,000.00 $30,000.00 $30,000.00 $30,000.00 2. 460 SF Removal cross gutter and spandrel $10.00 $4,600.00 $30.00 $13,800.00 $13,800.0C 3. 2 EA Remove existing catch basin and plug existing 18" X 29" CMPA $2,600.00 $5,200.00 $1,000.00 $2,000.00 $2,000.0(] 4. EA Remove tree $2,400.00 $2,400.00 $1,000.00 $1,000.00 $1,000.00 5. I LS Remove interferring portion of abandoned 6" water lines and cap end $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,000.00 6. 20 TONS 4" Crushed Aggregate $85.00 $1,700.00 $40.00 $800.00 $800.00 7. 60 TONi Asphalt concrete pavement and overlay $159.00 $9,540.00 $150.00 $9,000.00 $9,000.00 8. 130 SY Variable Cold Plane fi.om0'to 0.10'Deep $21.00 $2,730.00 $170.00 $22,100.00 $22,100.00 9. 5 EA Adjust Water Valve $300.00 $1,500.00 $900.00 $4,500.00 $4,500.00 10. 4 EA Catch Basin, W=7', including local depression and rernovalofcurbandgutter $6,400.00 $25,600.0C $12,000.0(] $48,000.0(] $48,000.00 11. I EA Catch Bas'n, W-12, includ'ng local depression and removal of curb and gutter $8,000.00 $8,000.0(] $10,000.00 $10,000.00 $10,000.00 12. 2 EA Catch Basin, W=14', including local depression and removal of curb and gutter $8,700.00 $17,400.00 $16,000.00 $32,000.00 $32,000.00 13. 3 EA lunction Structure No. 2 $6,000.00 $18,000.00 $3,000.00 $9,000.00 $9,000.00 14. 1 EA Yransition Structure No. 3 $5,400.0(] $5,400.00 $5,000.00 $5,000.00 $5,000.00 15. 4 EA 'vlanholeNo. 2 $7,600.0~3 $30,400.00 $7,000.00 $28,000.00 $28,000.00 16. 29C SF Construct PCC spandrel $16.00 $4,640.00 $40.00 $11,600.00 $11,600.0C 17. LS Bracing and Shoring $15,000.00 $15,000.00 $20,000.00 $20,000.00 $20,000.0(] 18. 150 LF 60" RCP (1400D), including excavation, backfill, trench repair per City Std. 120 and Sections "A" and "B", Pavement Replacement Detail on Sheet I $345.00 $5 1,750.00 $400.00 $60,000.00 $60,000.0(] 19. 200 LF 48" RCP (I IOOD)~ including excavation, b aclOi[[, t~ench repair per City Std 120 and Sections "A" and "B", Pavement Replacement Detailon Sheet l $285,00 $57,000.00 $300.00 $60,000.00 $60,000.00 20. 460 CF 48" RCP (1500D), inc ud ng excavation, backfill, trench repair per City Std 120 and Sections "A" and "B", Pavement Replacement Detail on Sheet I $310.00 $ i42,600.00 $320.00 $147,200.00 $147,200.00 21. 6 CF 36" RCP (1250D), including excavation, backfill, ~nch repair per Cig, Std 120 and Sections "A" and "B", Pavement Replacement Detail on Sheet I $275.00 $1,650.00 $250.00 $1,500.00 $1,500.00 22. 90 LF 24" RCP (500D), nc ud ng excavation, backfill, ~xench repair per City Std 120andSectinns"A"and"B".PavementReplacementDe~ailonSheetl $420.00 $37,800.00 $190.001 $17,100.001 $17,100.00 23. 3 EA Construct bulkhead per SBCFCD SP 176 and SP 176A $1,800.00 $5,400.00 $1,200.00 $3,600.001 $3,600.00 24. 12 LF Trenching, install conduit, pull ropes and backfill per SCI: I I DW.O. 6034-2094 $126.00 $1,512.00 $100.00 $1,200.00 $1,200.00 I 25. 13 EA Construct support for conduits across trenches per City Std. Dwg. 339 $1,500.00 $19,500.00 $1,200.00 $15,600.0(] $15,600.00 26. I LS Restore landscape and irrigation system $4,000.00 $4,000.0(] $2,000.001 $2,000.00 $2,000.O0 27. 1 LS TrafficControkincludingk-rail $25,000.00 $25,000.0(] $10,000.001 $10,000.00 $10,000.00 28. 1 LS Traffic Striping $6,000.00 $6,000.00 $5,000.00/ $5,000.00 $5,000.00i 29. 3 EA Construction Notification Signs $1,100.00 $3,300.00 $1,000.00 $3,000.00 $3,000.00 30. LS check valve, mounting bracke, tiaa sw/tches, wires, conduits, per detail $20,000.00 $20,000.00 $150,000.00 $150,000.00 $150,000.00 Install Enclosure Cabibet, per detail sheet 6 of 7, incuding $9,900.00 31. EA concrete pad $9,900.00 $30,000.00 $30,000.00 $30,000.00 Page 5 TOTAL ]$589,522.00 --I~(~ $753,800.00 $754,000.00[ VICINITY MAP DEVON ST. STORM DRAIN PROJECT FROM MALVEN ST. TO ARCHIBALD AVE. PROJECT LOCATION Almond Rd -- ~ ~ : ~/ Banyan I - Route 30 ii;md Av Base Foothi 10 F r,~.e_e~w~a y_,~ i 4th St THE CITY OF I~AN C IlO C1J CAM 0 N GA DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Karen McGuire-Emery, Senior Park Planner SUBJECT: APPROVAL TO AWARD DESIGNATED CONTRACTS TO THE SPECIFIED SUB-CONTRACTORS, FOR THE CONSTRUCTION OF THE RANCHO CUCAMONGA CULTURAL CENTER PROJECT, TOTALING $2,098,826 AND AUTHORIZE THE EXPENDITURE OF A 5% CONTINGENCY FOR EACH CONTRACT, TOTALING $104,941 TO BE FUNDED FROM THE FOLLOWING SOURCES: RDA 2004 TAX ALLOCATION BONDS ACCOUNT NO. 2656801- 5650/1357660-6314 ($985,399); STATE LIBRARY GRANT FUNDS ACCOUNT NO. 1310602-5650/1357310-6314 ($641,191); COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ACCOUNT NO. 1205301- 5650/1357205-6314 ($52,471); AND FOREST CITY PARTICIPATION FUNDS ACCOUNT NO. 1615303-5650/1357615-6314 ($524,706) RECOMMENDATION It is recommended that the City Council accept certain bids received and award and authorize the execution of contracts totaling $2,098,826 to the listed sub-contractors, for the construction of the Rancho Cucamonga Cultural Center Project to be funded from the accounts listed above. In addition, it is recommended that the City Council reject certain bids received and authorize re- bid of those bid packages. BACKGROUND/ANALYSIS Construction documents for the Rancho Cucamonga Cultural Center Project were broken down by trade into 26 separate bid packages. Priority 1 and 2 bids, constituting 15 of the 26 bid packages, have been awarded and construction is currently underway. Since the start of construction, over $300,000 in cost savings has been negotiated from these contracts in value engineering deductive change orders. BID A WARD CULTURAL CENTER SUB-CONTRACTORS November 3, 2004 Page 2 On October 5, 2004, bids were received and opened for the remaining 11 bid packages (Priority 3 bids). The total of the Iow bids received for the 11 bid packages was $5,187,826, which is $1,081,394 over the Construction Manager's cost estimate of $4,106,432. Staff has thoroughly analyzed all bids received for cost effectiveness and is recommending the following actions: BID PACKAGES TO BE AWARDED 2-1 Landscape - Award to Pierre Sprinkler & Landscape in the amount of $425,290. A few value engineering items have been identified which will be deleted from the contract through deductive change orders. Items identified include site furnishings and redundant irrigation equipment. 9-2 Tackable Wallboard Systems, Acoustical Treatments and Acoustical Ceilin,q Systems - Award to Preferred Ceilings in the amount of $443,389. 9-4 Resilient Floorin,q, Carpet and Base - Award to SCS Flooring in the amount of $472,990. 11-2 Food Service Equipment - Award to KITCOR in the amount of $104,812. 12-1 Theater Seatinq - Award to Herk Edwards, Inc. in the amount of $164,940. The total amount of these five bid packages is $1,611,421. The Construction Manager's estimate for these bid packages was $1,408,517. BID PACKAGE TO BE PARTIALLY AWARDED 11-1 Theater Ri,q.qinq Systems and Theatrical Draperies, Theatrical Liqhtin,q Controls, Sound/Video/Communication System. It is recommended that the following bid items be awarded to SECOA, the lowest responsible bidder for this package. Bid Item 11061 Theater Rigging Systems - $371,771.00 Bid Item 11062 Theatrical Draperies- $60,858.00 Bid Item 11068 Pit filler Platform - $54,776.00 The total amount of this partial bid award to SECOA is $487,405. The Construction Manager's estimate for these items was $425,000. Due to the higher than anticipated costs, it is further recommended that the balance of the bid package, consisting of .the following items, be rejected and that these bid items be re-evaluated for value engineering cost savings and re-bid at a later date. Bid item 11064 Theatrical Lighting Control Systems Bid Item 11065 Theatrical Lighting Fixtures Bid Item 11135 Sound, Video and Communication Systems BID A WARD CULTURAL CENTER SUB-CONTRACTORS November 3, 2004 Page 3 BID PACKAGES TO BE REJECTED AND RE-BID The following bids are being rejected as only one bid was received for each bid package and in each case the bid received was well over the Amhitect's estimate. Since none of these bid packages are currently critical to the project schedule,'the project team feels that there is time to re-bid each package with the goal of creating a more competitive bidding atmosphere. Additionally, the project team has identified a number of value engineering items which will be incorporated into the next set of bid packages to further reduce the cost. 1-2 Final Clean-up - MNZ Janitorial 2-2 Site concrete - Conrod Concrete 9-5 Paintinq and Wall Coverin.qs - Shapiro Ben Basat 10-1 Fire Extin.quishers Cabinets, Toilet/Bath Accessories, Metal Lockers, etc- Inland Building Specialities While the bid amounts for the awarded projects are higher than the Construction Manager's estimates, the $300,000 in cost savings to date from the Priority 1 and 2 bids provides the necessary funding. Funds for construction of the project are from a variety of sources including a state library grant, financial participation by the mall developer, Forest City, and RDA funds generated through the sale of Tax Allocation bonds, as well as City and County Community Development Block Grant Funds. No City General Funds will be used for construction of the Cultural Center. Community Services Director R A N C H O C U C A M O N G A E N G I N E E R I N G D EPA R T M E N T Staff Repo DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mark Brawthen, Contract Engineer. SUBJECT: APPROVAL TO ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PARCEL MAP 16010, LOCATED AT THE SOUTHWEST CORNER OF 6TM STREET AND HYSSOP DRIVE, SUBMITTED BY VINEYARDS EAST, LLC, AND HYSSOP VINEYARDS, LLC RECOMMENDATION: The required improvements for Parcel Map 16010 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 Per[ormance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Parcel Map 16010, located at the southwest corner of 6th Street and Hyssop Drive, 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: Vineyards East, LLC and Hyssop Vineyards, LLC, Release: Faithful Pedormance Bond 2123312 $131,900.00 (Bond No.) Accept: Maintenance Bond 2123312 $ 13,190.00 (Bond No.) Respectfully submitted, Wil~C.m J. O'Neil City Engineer WJO:MB:tch Attachment(s) · Foothill Boulevard Arrow 6th 4th Street Freeway VICINITY MAP N.T.S. City of Item: Staff Report Rancho Cucamonga Title: Vicinity Map ENGINEERING EXHIBIT 1: Parcel Map 16010 DIVISION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16010 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Pamel Map 16010 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. R A N C H O C U C A M O N G A 1~ ~ G I N 1~1~1~ IN G DI~DAI~ T ~ ~ N ? Staff DATE: November 3, 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 Engineer~--~ Richard Oaxaca, Engineering Tech-Cllcian-.~i~ SUBJEC'D: ACCEPT THE HERMOSA AVENUE STORM DRAIN AND STREET IMPROVEMENTS FROM 280' NORTH OF BASE LINE ROAD TO ALTA LOMA CHANNEL, CONTRACT NO. 03-082 AS COMPLETE, APPROVAL TO APPROPRIATE $23,237.53 TO ACCOUNT NO. 11763035650/1410176-0 FROM MEASURE I FUND BALANCE, RETAIN FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $3,895,704.51 RECOMMENDATION It is recommended that the City Council accept the Hermosa Avenue Storm Drain and Street Improvements from 280' North of Base Line Road to Alta Loma Channel, Contract No. 03-082, as complete, approval to appropriate $23,237.53 to Account No. 11763035650/1410176-0 from Measure I fund balance, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $3,522,410.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $176,120~50, 35 days after acceptance. Also, approve the final contract amount of $3,895,704.51. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Hermosa Avenue Storm Drain and Street Improvements from 280' North of Base Line Road to Alta Loma Channel scope of work consisted of the installation of storm drain facilities including reinforced concrete box main line, reinforced concrete pipe laterals, catch basins and channe~ transition, and the installation of street improvements including street widening, pavement CITY COUNCIL STAFF REPORT Re: Accept Hermosa Avenue Storm Drain and Street Improvements November 3, 2004 Page 2 rehabilitation, curb and gutter, sidewalk, drive approaches, rock retaining wall, asphalt concrete driveway, chain link fence, street lights, traffic signal loops, striping and pavement markings. Pedinent information of the project is as follows: > Budget Amount: $3,700,000.00 & $591,000.00 > Account Number: 11123035650/1402112-0 & 11763035650/1410176-0 > Engineer's Estimate: $4,045,590.00 ~' City Council's Approval to Advedise: Wednesday, June 18, 2003 > Publish dates for local paper: June 24 and July 8, 2003 ~ Bid Opening: Tuesday, July 22, 2003 at 2:00 PM ;,' Contract Award Date: Wednesday, August 20, 2003 > Low Bidder: Steve Bubalo Construction Co. > Contract Amount: $3,522,410.00 > 10% Contingency: $352,241.00 > Final Contract Amount: $3,895,704.51 > Difference in Contract Amount: $373,294.51 (10.60%) Increase The net increase in the total cost is a result of six (6) change orders for various items that were necessary to complete construction of the storm drain and street improvements. Notable changes that were significant to the increase were the installation of a leveling course including the removal and replacement of failed pavement outside the project limits. This additional pavement replacement resulted in a substantial increase in grinding and placement of asphalt and aggregate base section. In addition, approximately 541 square feet of reck retaining wall was added along Hermosa Avenue. Respectfully submitted, Willi~i,.~ J. O Nell City Engineer WJO:CH/RO:Is Attachments RESOLUTION NO. ~:) ~'" ~"~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HERMOSA AVENUE STORM DRAIN AND STREET IMPROVEMENTS FROM 280' NORTH OF BASE LINE ROAD TO ALTA LOMA CHANNEL, CONTRACT NO. 03- 082 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Hermosa Avenue Storm Drain and Street Improvements from 280' North of Base Line Road to Alta Loma Channel, Contract No. 03-082, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. HERMOSA AVENUE STORM DRAIN AND STREET. 'IMPRoVEMENTS (FROM 280':i: N. OF BASE LINE ROAD TO ALTA. LOMA CHANNEL)  CITY oF RANCHO CUC-AMON(~A R A N C H O C U C A M O N G A lNG DEPAI~T~II~ST StaffRe rt DALE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16344, LOCATED ON THE EAST SIDE OF ARCHIBALD, NORTH OF PALO ALTO, SUBMITTED BY MAGYAR HOMES, EL.C. RECOMMENDATION: The required improvements for Tract 16344 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 16344, located on the east side of Archibald, north of Palo Alto, 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: Magyar Homes, bEC. Release: Faithful Performance Bond No. 182045 $160,000.00 Accept: Maintenance Bond No. 234458 $16,000.00 Re~ffully submitted, Williet~i J. O'Neil City Engineer Vicinity Map BASE LI I I1 ~ FOQ.T_H LL I TRACT 16344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16344 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK ~ ~ WHEREAS, the construction of public improvements for Tract 16344 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, cedifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N C H O C U C A M O N G A ENG1NI~EI~ING D I~ P A I~ T lVi l: N T S ffReport DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer BY: Michael TenEyck, Administrative Resources Manager StJBJECr: ACCEPT THE ELECTRICAL DISTRIBUTION SUBSTATION PROJECT, CONTRACT NO. 03-104 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $1,602,583.15 RECOMMENDATION It is recommended that the City Council accept the electrical distribution substation project, contract no. 03-104 as complete, retain the faithful performance bend as a guarantee bond, release labor and rnatedal bond and authorize the city engineer to file a notice of completion and approve the final contract amount of $1,602,583.10 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $160,104.72, 35 days after acceptance. BACKGROUNDIANALYSI~ The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The substation interconnects with Edison's 66kV overhead power lines which run in a north-south direction along the east side of Rochester Avenue and serves as the pdmary feed from the City to the Victoria arbors development area. The substation completion represents the completion of an integral part of the City's overall municipal utility strategy. The substation has been operational since February 2004 and has been providing power to the Victoda arbors development area since June 2004. > Budget Amount: $1,712,010.00 Re: Accept Hermosa Avenue ~[orm uFaln al]c~ ol.l~:~fft illi~JIUV~lli~llt~ November 3, 2004 Page 2 ~ Account Number: 1170§303§650/1382705 ~ City Council's Approval to Advertise: Wednesday, August 20, 2003 >, Publish dates for local paper. August 26 and September 2, 2003 ~. Bid Opening: Wednesday, September 10, 2003 at 2:00 PM ~, Contract Award Date: Wednesday, September 17, 2003 ~ Low Bidder: Union Engineering Co. ~, Contract Amount: $1,5§6,370.00 ~ 10% Contingency: $155,640.00 ~ Final Contract Amount: $1,602,§63.10 ~ Difference in Contract Amount: $46,213.10 (2.97%) Increase The net Increase in the total cost is a result of six (6) change orders for various items that were necessary to complete construction of the substation. Notable changes that were significant to the increase were the installation of aesthetic improvements to the exterior of the substation. These improvements were for stucco and tile to match the Epicenter across the street. R~2Ily subm~i,~ed' ~Vi~{~ErE r gJ.; eO 'e rNe'I W JO:MT Attachments RESOLUTION NO. ~)'~"~'~5 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ELECTRICAL DISTRIBUTION SUBSTATION PROJECT, CONTRACT NO. 03-104 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. WHEREAS, the electrical distribution substation project, contract no. 03-104, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino County. f R.ANCHO j UCAMONGA ~,_]ALIFORNIA Proclamation CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY WHEREAS, the Mayor/City Council does hereby find: That conditions of extreme peril to safety and property has arisen within the City of Rancho Cucamonga, the Rancho Cucamonga Fire Protection District and County of San Bernardino, California, caused by rains and floods throughout the City and District on or about October 19 - 27, 2004; causing sever flooding and damage to public streets and private property; required the mandatory and advisory evacuations of residential areas; necessitated the displacement and sheltering of several persons in one Emergency Evacuation Shelter set up by the American Red Cross and the City of Rancho Cucamonga; required the sheltering of animals; caused extreme traffic congestion on local arterial streets and the closure of many intersections in the City of Rancho Cucamonga; required the special assignment of the City of Rancho Cucamonga Public Works, the Rancho Cucamonga Fire Protection District and the Rancho Cucamonga Police Department; and the full scale operation of the City's Emergency Operations Center. That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists through the City; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers and duties of the emergency organization of the City shall be those prescribed by State law, by ordinances and resolutions of this City, and by the current City of Rancho Cucamonga Emergency Plan, as approved by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue m exist until its termination is proclaimed by the City Council or it is terminated by operation of law. WHEREAS, it has now been found that local resources alone are unable to cope with the effects of said emergency; NOW, THEREFORE, IT IS FURTHER HEREBY PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Governor of the State of California with the request that he proclaim that a State of Emergency exists. IT IS HEREBY ORDERED that a copy of this proclamation be forwarded to the State Director of the Office of Emergency Services. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 3rd day of November 2004. .~ , ' Will~m3~'aAyl°Tander~// ff4~;jrWpi/r~i~s ~-x ~ueXnciGlu~;'~et[ / ~/ -R~fir~. Howdyshell Donald Jl, f~urth, M~. Council Member Council Member ORDINANCE NO. 730A i AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE LOWER SCE CORRIDOR BETVVEEN ETIWANDA AVENUE AND EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, AND REPEALING ORDINANCE NO. 730 - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02. A. Recitals. 1. California Government Code Section 65864 provides, in pertinent part, as follows: "The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning, which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "(a) Any city...may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article..." 3. California Government Code Section 65865.2 provides, in part, as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement..." 4. Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference, is proposed Development Agreement DRC2003-00411, concerning that property generally located north of the lower SCE Corridor between Etiwanda Avenue and East Avenue, and legally described in the attached Development Agreement. Hereinafter in this Ordinance, CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 2 the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On June 9, 2004, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 04-80. 6. On July 21, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing regarding the Development Agreement. 7. On July 21, 2004, the City Council introduced Ordinance No. 730 approving the Development Agreement. On August 4, 2004, the City Council adopted Ordinance No. 730. 8. On October 20, 2004, the City Council held a duly noticed public hearing to consider the adoption of a new ordinance approving the Development Agreement and repealing Ordinance No. 730. 9. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the facts and information contained in the record of this project, the City Council makes the following findings and statements, and takes the following actions, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et. seq.): a. Traigh Pacific (the "Applicant") seeks approval of a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, the approval of a General Plan Amendment, Etiwanda North Specific Plan Amendment, Tentative Tract Map SUBTT14749, and associated Development Agreement. The actions also include the development 107.28 acres of the 168.77-acre site with 269 single-family housing units (99.26 acres), park area (3.1 acres), equestrian park (2.7 acres), equestrian trail (0.44 acres), and drainage channel (1.77 acres). The development would have a gross density of 1.59 dwelling units per acre, and a net density of 2.5 dwelling units per acre. The remaining 61.49 acres will continue to be used for flood control purposes. The proposed annexation action encompasses a total of 240 acres and includes the development site plus adjacent parcels owned by Southern California Edison and San Bernardino County Flood Control District. These series of actions and approvals are hereinafter defined in this Ordinance as the "Project." b. The Applicant has submitted the following applications relating to the Project: Annexation DRC2003-01051, General Plan Land Use Amendment DRC2003-00410, Etiwanda North Specific Plan Amendment DRC2003-00409, Tentative Tract Map SUBTT14749, and Development Agreement DRC2003-00411 (collectively the "Project Applications"). These Project Applications, as well as the appeal of the Planning Commission's approval of Tentative CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 3 Tract Map SUBTT14749, constitute the matters involving the Project, which are submitted to the City Council for decision and action. c. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report ("EIR") for the Project, including certain technical appendices (the "Appendices") to the Draft EIR (State Clearinghouse No. 2003081085). The Draft EIR was circulated for a 45-day public review and comment period from December 5, 2003 through January 28, 2004. Comments were received during that period and written responses were prepared and sent to all persons and entities submitting comments. Those comments and the responses thereto have been included in the Final EIR, as well as the revisions to the Draft EIR. Those documents, together with the Draft EIR and Appendices, comprise the Final EIR. d. The City Council finds that the Final EIR was completed pursuant to CEQA, and the State Guidelines for Implementation of CEQA, 14 California Code of Regulations, Section 15000, et. seq. ("the Guidelines"). By Resolution No. 04-240, the City Council has certified the Final EIR as being in compliance with the requirements of CEQA. e. The City Council finds that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information in the Final EIR and has reached its own conclusions with respect to the Project and as to whether and how to approve the various components of the project approvals. f. The City Council finds that the Final EIR represents the independent judgment of the City Council of the City of Rancho Cucamonga and adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. g. Public Resources Code Section 21081 provides that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant environmental effects unless the public agency makes one or more of the following findings with respect to each significant effect: i. Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency. iii. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. h. The City Council finds, based upon the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant impacts in the areas of Earth Resources, Water Resources, Transportation/Circulation, Air Quality, Biological Resources, Hazards, Noise, Public Services, Utilities, Aesthetics, and Cultural Resources. However, changes or alterations have been required in, or incorporated into the Project, which will mitigate and in some cases, avoid the significant impacts. The specific changes and alterations required, and a brief explanation of the rationale for the CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 4 findings with regard to each impact, are contained in the "CEQA Findings" for the Project (Exhibit "F" to the July 21, 2004 City Council Staff Report) and are incorporated herein by reference. In addition to the rationale and explanation contained in the "CEQA Findings", the City Council makes the following additional findings regarding the impacts of the Project on the resources and services listed in this paragraph: i. Earth Resources. The Final EIR finds that development of the Project would expose people and structures to risks associated with seismic ground shaking produced by numerous regional faults. Additionally, development of the project would require removal of vegetation to prepare for grading; this would create a short-term increased potential for top soil erosion. Potential erosion in the long-term would result from increased surface runoff rates due to road paving and construction of impermeable structures. Mitigation measures are imposed which require a detailed geologic and geotechnical investigation for each lot prior to the grading of the Project site. Specifically, the developer must: demonstrate that each lot is buildable and complies with recommendations and specifications found in the geotechnical investigation report included in Appendix C of the Final EIR (Mitigation Measure 3- 1); identify potential geologic and soil limitations and recommend appropriate engineering and design measures to adequately protect structures and inhabitants (Mitigation Measure 3-2); and identify these construction measures on applicable grading plans, and implement them to the satisfaction of the City Engineer. Further, mitigation measures are imposed on the project that require preparation and approval of a Dust Control Plan and a Landscape and Irrigation Plan to reduce the likelihood of erosion (Mitigation Measures 3-4 and 3-5). Based on these mitigation measures, and the additional ones contained in the Final EIR, the City Council finds that the effects of seismic shaking on persons and structures and the possibility of erosion will be mitigated to a level of less than significant. ii. Water Resources. The Final EIR identifies that conversion of the Project site to urban uses would increase the amount of sediment, suspended debris, landscape maintenance or associated chemicals (e.g., fertilizers, herbicides, etc.), and materials related to automotive wear (e.g., tire rubber, oil, antifreeze, etc.) that would reach the local drainage system due to run-off caused by grading or by being washed off streets during storm events or street-sweeping activities. Mitigation measures imposed on the applicant would require the Project developer to apply for and receive a National Pollution Discharge Elimination System (NPDES) permit and, if necessary, to obtain Clean Water Act Section 401 and 404 permits (for water quality certification for dredge and fill operations); additionally, the developer will be required to implement all applicable Best Management Practices (BMPs) to prevent construction of the Project from polluting surface and ground waters. The City Council finds that implementation of this mitigation measure will mitigate impacts on water quality to a level of less than insignificant. Additionally, the Final EIR identifies that the Federal Emergency Management Agency (FEMA) has identified the Project site as within a flood zone designated "Flood Zone D." Mitigation measures will require the developer to install a revetment along the East Etiwanda Channel adjacent to the Project site, and implement on- and off-site drainage system improvements outlined in the Project Drainage Study (Appendix D of the draft EIR). The, City Council finds that the revetment and drainage improvements will reduce flood impacts associated with the Project to a level of less than significant. iii. Transpodation and Circulation. The Final EIR indicates that the proposed Project would increase vehicle trips and impact the level of service along arterial streets and intersections; specifically, the Project is anticipated to generate a total of 2,956 daily CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 5 vehicle trips at build-out. Further, it is assumed that at build-out 68% of the Project traffic would enter/exit the site along Etiwanda Avenue, while 32% would use East Avenue; this distribution would cause some roads to be more intensely affected than others. Additionally, the Final EIR found that the level of service at the intersection of Etiwanda and Highland Avenues could be reduced to a "D" level during the morning peak hour at full build-out. Mitigation Measures are imposed to require the developer to contribute a fair share to the traffic signal mitigation program of the County of San Bernardino and/or the City of Rancho Cucamonga to help fund the construction of traffic signals at the intemections of: Day Creek Boulevard/Banyan Avenue; Day Creek Boulevard/SR-210 West-bound ramp; Day Creek Boulevard/SR 210 East-bound ramp; Etiwanda Avenue/Banyan Avenue; Etiwanda Avenue/Wilson Avenue; and East Avenue/Banyan Avenue. Further, the developer will be required to pay a "fair share" contribution towards off-site impacts to linked roadways and intersections as outlined in the Project traffic report; this "fair share" amount is approximately $63,818 as of the date of the traffic study. The City Council finds that based on these mitigation measures, traffic at the study intersections will be reduced to operate at a level of service of D or better (with all but one intersection operating at level of service C or better) and that the impacts of the Project on Traffic and Circulation will be mitigated to a level of less than significant. iv. Air Quality. The Final EIR identifies that the Project may create significant and unavoidable impacts on Air Quality. Specifically, the Final EIR identifies that emissions from construction-related activities are likely to exceed the threshold of significance specified by the South Coast Air Quality Management District (SCAQMD). These impacts are short-term and can cause nuisance impacts to adjacent land uses in the local area by way of fugitive dust produced by grading of the site. In addition, construction-related emissions, particularly from architectural coatings (painting) and off-road diesel equipment, are anticipated to produce significant levels of reactive organic compounds (ROC) and nitrogen oxides (NO×) that would exceed SCAQMD thresholds of significance and result in significant short-term air pollution impacts. Comprehensive mitigation measures (Mitigation Measures 6-1 - 6-10) are imposed on the Project which will require various dust control measures, emission control measures, and off-site actions. Included in those measures are requirements to ensure that all construction equipment is properly serviced and maintained and that trucks are not left idling for prolonged periods (i.e., in excess of 10 minutes), reestablishment of ground cover through seeding and watering, phased grading to prevent the susceptibility of large areas to erosion over extended periods of time, suspension of grading operations during periods of high wind (i.e., wind speeds exceeding 25 mph), and regular washing and sweeping of the site. The Final EIR also indicates that the Project would produce long-term impacts on Air Quality as a result of the additional external vehicle trips that will be generated, and their attendant production of NO× and PM~0 in excess of SCAQMD standards. Further, secondary impact potential would derive from energy consumption by on-site residential heaters, stoves, water heaters, and similar consumptive appliances. Mitigation measures imposed on the Project to reduce long-term impacts include requiring the developer to demonstrate that all residential structures have incorporated high-efficiency/Iow-polluting heating, air conditioning, appliances, and water heaters (Mitigation Measure 6-11), and that all residential structures have incorporated thermal pane windows and weather-stripping (Mitigation Measure 6-12). Further, the developer will be required to make a fair share contribution to a "park and ride" facility along the 1-15 or 1-10 freeways, as well as construct a bus stop/shelter at the trailhead park, if directed by OmniTrans. The City Council finds that with the implementation of the recommended mitigation measures directed at both short- and long-term impacts, emissions will be reduced and the Project's contribution to regional emission of criterial pollutants will be minimized. However, the City CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 -TRAIGH PACIFIC October 20, 2004 Page 6 Council finds that despite the imposition of all of these comprehensive mitigation requirements, the Project will produce significant short- and long-term impacts on Air Quality due to emissions, and that these impacts will remain significant after mitigation. v. Biolo,qical Resources. The Final EIR indicates that, prior to the Grand Prix fire in October 2003, the Project site contained approximately 109 acres of sage scrub (including white sage), along with California buckwheat, California filago, valley lessingia, popcorn flower, and common phacelia; the Project will eliminate this vegetation through development of the area. Further, the Project will impact sensitive plant species present on the site (as determined before the 2003 wildfire) including Plummer's mariposa lily, Pious daisy, and four separate types of spineflowers (Ramona, prostrate, California, and Parry's). Development of the site will also impact wildlife corridors and will remove habitat that supports a number of sensitive species that were either observed onsite or have a moderate to high potential to occur onsite, including the sharp-shinned hawk, Southern California rufous-crowned sparrow, red- shouldered hawk, white-tailed kite, northern harrier, Cooper's hawk, San Diego horned lizard, and orange-throated whiptail. The Final EIR indicated that the Califomia gnatcatcher (a federally listed threatened species) has not been observed on-site and has a Iow probability of occurring on the site due to the type of vegetation present. Also, the Final EIR found that while a portion of the Project site (the Etiwanda Creek channel) is within the historical range of the endangered San Bernardino Kangaroo Rat (SBKR), since the creek channel is not proposed for development, the Project will not cause direct impacts to the SBKR. The Final EIR further found that development of the site will remove 0.48 acres of land in four small drainages that are under Army Corps of Engineers (ACOE) jurisdiction, but that none of these areas is considered a wetland. The Final EIR found that the Project is not consistent with the goals of the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) since it does not include any on-site preservation of open space lands. Mitigation measures have been imposed on the project to require the Project developer to acquire and convey to the County approximately 164 acres of land as off-site mitigation land. This 164-acre area is intended to accomplish a 1:5 to 1 ratio to mitigate for the loss of the approximately 109 acres of sage scrub and to mitigate the potential loss of habitat for sensitive plants and animal species. The City finds that the recommended mitigation measures will help reduce potentially significant impacts regarding the loss of habitat, but that the impacts will remain significant after mitigation. vi. Hazards. The Final EIR identifies that the Project would expose people and structures to potential hazards due to the possibility of hazardous materials spills on nearby state highways, and due to the minor use of chemicals and other materials typical of suburban uses. Additionally, the Project would expose more people and structures to potential wildfire hazards, and would expose more people to potentially dangerous wildlife/human encounters. Mitigation measures imposed will require submission of a plan detailing proper clean-up efforts for any hazardous or toxic substance that is discovered or released during construction (Mitigation Measure 9-1); development of fuel modification zones, and the requirement of "firewise" landscaping and the use of fire-resistant building materials to reduce fire hazards (Mitigation Measures 9-2 - 9-4); and the posting of signs warning of the potential, risk of wildlife/human interactions on the site (Mitigation Measure 9-8). The City Council finds that after implementation of these measures, potentially significant impacts relating to Hazards will be reduced to a level of less than significant. vii. Noise. The Final EIR identifies the likelihood of short-term impacts on ambient noise levels during construction of the Project. The primary source of CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 7 construction noise is heavy equipment associated with construction activities; earth-moving equipment is anticipated to create noise up to 90-dB. A mitigation measure has been imposed that will require the construction contractors to adhere to the City's Development Code for hours of construction activity - 6:30 a.m. to 8:00 p.m., Monday through Saturday, with no construction to take place on Sundays or holidays (Mitigation Measure 10-2). Based on this mitigation measure, the City Council finds that the short term noise impacts from the Project will be reduced to less than significant levels. The Final EIR also identified that noise levels would increase in the long-term due to additional motor vehicle noise and from general human activity. In the opening year (2005), noise levels at fifty feet from the centerline of area roadways would range from a Iow of 58.1 CNEL along Wilson Avenue east of Etiwanda Avenue to a high of 78.3 CNEL along Highland Avenue east of Etiwanda Avenue. A mitigation measure will be imposed to require the developer to document that exterior residential areas will have exterior noise levels of less than 65 dB CNEL (Mitigation Measure 10-5), and that interior living area noise levels are less than 45 dB CNEL (Mitigation Measure 10-6). Further, the developer will be required to incorporate site designs and measures to help reduce proposed noise levels over the long-term. The City Council finds that based on these mitigation measures, the potential noise impacts of the Project on current and future residents will be mitigated to a level of less than significant. viii. Public Services. The Final EIR identifies that due to population increases associated with the Project, the proposed Project would incrementally increase the need for public services in the areas of fire protection, police protection, schools, libraries, medical services, and roads. A mitigation measure is imposed to require the developer to pay all legally established public service fees, including police, fire, schools, parks, and library fees (Mitigation Measure 11-1). Additionally, in order to reduce the number of fire incidents requiring response by the City's Fire Department, the project developer would be required to obtain approval from the Fire Department with regard to .adequate fire flow and installation of acceptable fire-resistant structural materials in project buildings (Mitigation Measure 11-3). Additionally, the developer will be required to post a bond in an amount sufficient to ensure installation and maintenance of public and private roads, and drainage facilities necessary for each phase of the project (Mitigation Measure 11-5). The City Council finds that the imposition and implementation of these mitigation measures will mitigate the Project's impacts on Public Services to a level of less than significant. ix. Utilities. The Final EIR identifies that the Project would create potentially significant impacts as a result of new residential water requirements of approximately 602,819 gallons of water per day; this water would be provided from an existing two million gallon water reservoir via an existing water main, however, as growth continues in the Project area, additional offsite water storage facilities would be required. Further, the Final EIR indicates that based on an estimate of 270 gallons of wastewater per unit per day being produced, the Project would require construction of a sewer main to transport the wastewater to an existing sewage treatment plant. Additionally, the Project would generate the need for increased electricity, natural gas, and telephone and television cables, and would increase the amount of solid waste produced. A mitigation measure imposed requires the contribution of funds for sewer service (Mitigation Measure 12-1). Further mitigation measures require submission of development plans to Southern California Edison, the Gas Company, and Verizon in order to facilitate engineering design and construction of improvements necessary to provide electrical, natural gas, and telephone service to the Project; these companies must also provide "will-serve" letters in order for building permits to issue. The City Council finds that · CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 8 imposition of these mitigation measures will reduce the impacts of the Project on Utilities to a level of less than significant. x. Aesthetics. The Final EIR identifies that the Project may create significant and unavoidable impacts on Aesthetics. In the short-term, the landscape would be altered by grading and clearing, and views of the Project site would include the heavy construction equipment and machinery used to prepare the Project site for construction of new homes. Long-term impacts would occur due to a fundamental change in the visual and aesthetic character of the area, and would transform the existing natural terrain into a developed and planned community. Additionally, the presence of homes would mean more lighting at night, as well as increased glare due to additional windows in the community. Mitigation measures will require that outdoor lighting comply with the requirements of the Etiwanda North Specific Plan design guidelines and the City's General Plan (Mitigation Measure 13-1), and that a detailed landscaping and wall treatment plan be prepared (Mitigation Measure 13-5). Even with the imposition and implementation of these and other mitigation measures, the City Council finds that the impact of the Project on Aesthetics will remain significant after mitigation. xi. Cultural Resources. The Final EIR identifies that while the existence of paleontological resources is unlikely on the Project site, such resources may be discovered during construction of the Project. Aisc, one historic archeological site was previously recorded on the property, CA-SBR-3131H. This prior survey found what appeared to be the remains of a construction camp used by the Etiwanda Water Company in the 1880s; the structure consisted of rock walls, hand-forged metal barrel hoops and nails, barbed wire, and glass fragments. Mitigation measures imposed require that a qualified paleontologist conduct a preconstruction field survey of the Project site and submit a report of findings and specific recommendations for further mitigation measures (Mitigation Measure 14-1). Should any prehistoric archaeological resources be found before or during grading, a qualified archaeologist would be retained to monitor construction activities, and take appropriate measures to protect or preserve the resources. The City Council finds that with the implementation of these mitigation measures, the Project will have a less than significant impact on paleontological, archaeological, and historical resources. xii. Cumulative Impacts -Air Quality, Bioloqical Resources, and Aesthetics. The Final EIR provides that this Project, together with the construction of other development projects in the vicinity, would create cumulative short-term impacts to air quality during construction. This Project would also create a significant cumulative impact to regional air quality due to additional vehicle emissions adding incremental pollutants within the South Coast Air Basin. With respect to biological resources, the Final EIR concluded that the Project would contribute to cumulatively considerable biological impacts with loss of habitat and restriction of wildlife movement in the fan area due to encroachment of human structures and activities. With respect to aesthetics, the proposed project will contribute incrementally to cumulatively considerable aesthetic impacts related to the visual character of the area going from largely vacant, rural terrain to Iow density suburban development. i. The City Council finds, based on the Final EIR, that after implementation of the proposed mitigation measures, the following impacts associated with the proposed Project would remain significant: air quality (short-term impacts, and short and long-term cumulative impacts), biological resources related to the loss of habitat, and aesthetics related to CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 9 short-term views (i.e. construction activities and dust) and long-term views related to transforming the existing natural terrain into a residential community. j. The Final EIR describes a range of alternatives to the Project that might fulfill basic objectives of the Project. These alternatives include the required "No Project-No Development" alternative, and the "Rural Density Alterative," development under the existing land use designation. Other alternatives that were considered and rejected included the alternative location alternative and the alternative land use alternative. As set forth below, the alternatives identified in the Final EIR are not feasible because they would not achieve the basic objectives of the Project or would do so only to a much smaller degree and, therefore, leave unaddressed the significant economic, infrastructure, and General Plan goals that the Project is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the adverse environmental impacts of the proposed Project. Accordingly, each of the alternatives is infeasible. In making this finding, the City Council determines as follows: i) The objectives of the Project are: a) To be consistent with, and implement, the established policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City development guidelines; b) Annexation of apprOximately 240 acres including the 168.77-acre Project site and adjacent utility easements and corridors into the City of Rancho Cucamonga; c) To Integrate the Project with the character of the surrounding neighborhoods and establish a development that results in logical, coordinated growth; d) To establish a Project-wide circulation system that meets regional and local transportation needs and accommodates both vehicles and pedestrians; e) To provide a system of public/community facilities, including trails, open space areas, and landscaping to support the residents of the Project and surrounding area in an efficient and timely manner; f) To provide backbone public infrastructure (i.e., roads, utilities) to serve Project residents and the surrounding community; g) To minimize impacts to, and generate revenues in excess of costs for various public service agencies; and h) To provide quality housing opportunities compatible with existing and planned development that responds to market demands. ii) Under the "No Project-No Development Alternative" the project site would remain vacant which would avoid all significant project specific impacts, although cumulative impacts including traffic, noise, and air quality would eventually occur, but not to the same degree as if the proposed Project were built. This alternative would eliminate essentially CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 10 all of the adverse impacts of the proposed Project and is, therefore, an environmentally superior alternative. This alternative does not meet the Project's basic objectives of developing a residential project consistent with the General Plan land use designation for the site. iii) Under the "No Project - Open Space Alternative" the site would remain vacant but be acquired, fenced, and maintained for open space and biological habitat as part of the NEOSHPP plan. This alternative would avoid all the significant impacts of developing the property, however, cumulative impacts including traffic, noise, and air quality, will eventually occur regardless of whether the site is developed or preserved, although perhaps not to the same degree as with the proposed Project. This is an environmentally superior alternative but does not meet the Project's basic objectives, and indeed all other objectives, of developing a project consistent with the General Plan land use designation for the site. iv) Under the "Reduced Intensity Alternative" almost all of the significant or potentially significant impacts associated with the proposed project would be eliminated. The remaining significant impact (i.e., construction emissions) could probably not be eliminated or significantly reduced by the implementation of any feasible alternative or mitigation measures at this time, unless the project were to support all custom lots of one acre or more where only building pads are graded when needed. However, the Project fiscal report indicates that fewer, larger residential lots/units would not generate sufficient public revenues to offset costs to provide services. While this alternative is environmentally superior to the proposed Project, it does not meet the Project's economic objectives of developing a residential project that has a positive cost/benefit ratio for the City and generates a reasonable return on investment. Also, since this alternative does not fully implement the City's goal of providing adequate park facilities for City residents. v) The "Modified Site Plan Alternative" would create a 300-foot wide buffer along the west bank of the East Etiwanda Creek to better buffer wildlife movement and create more open space. It would cluster the residential development in the southwestern portion of the site and would have 200 units with a minimum lot size of 6,000 square feet and a height limit of one story. It would eliminate the significant impacts of the proposed project- related long-term air quality (NOx and ROG emissions). However, potentially significant impacts related to short-term air pollutant emissions (ROG) and loss of biological resources would remain. Also, this alternative does not meet the Project's economic objectives of developing a residential project that has a positive cost/benefit ratio for the City and generates a reasonable return on investment. This alternative is marginally superior to the proposed Project in terms of environmental impacts, but it does not meet the Project objectives. vi) The "Rural Density Alterative" would development the site under the City's currently designated of Very Low density residential (VL) which allows a maximum of 2 units per acre of developable land with minimum 20,000 square foot lots. This alternative would locate approximately 75 units on 37 acres in the southern portion of the site, while the remaining 70 acres would be set aside as open space and biological habitat. This alternative would eliminate the significant impacts of the proposed Project related to biological resources related to loss of alluvial fan habitat and long-term air quality from NOx and ROG emissions. This alternative still has significant impacts related to short-term air pollutant emissions (ROG) and does not provide the benefits of two parks. Also, this alternative does not meet the Project's economic objectives of developing a residential project that has a positive cost/benefit ratio for the City and generates a reasonable return on investment. As such, it does not ~eet CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 11 the Project's goals. This alternative is environmentally superior to the proposed Project, but it does not meet the Project objectives k. Mitigation measures described in the Mitigation Monitoring Program will avoid or substantially lessen the potentially significant environmental effects of the Project. Further, the environmental, physical, social, economic and other benefits of the Project, as set forth in this section and in the "CEQA Findings" for the Project (Exhibit "F" to the July 21, 2004 City Council Staff Report), which is incorporated herein by this reference, outweigh any unavoidable, significant, adverse impacts that may occur as a result of the Project, including short-term impacts on air quality from construction-related emissions and cumulative impacts to air quality related to vehicle emissions; impacts to biological resources related to removal of habitat; and short-term impacts to aesthetics (i.e. construction dust obscuring views) and long- term impacts to aesthetics (changes to the natural terrain). Therefore, due to overriding benefits of the Project and because the alternatives identified in the Final EIR are not feasible, as discussed in paragraph j above, the City Council hereby finds that any unavoidable impacts of the Project, including the mitigated but unavoidable impacts to short-term and long-term impacts on air quality and aesthetics, and project related and cumulative impacts to biological resources, are acceptable based on the findings contained herein and in the "CEQA Findings" for the Project. This determination shall constitute a statement of overriding considerations within the meaning of CEQA and i§ based on any one of the following environmental and other benefits of the Project identified in the Final EIR and the record of the City Council's proceedings: (i) Provision for the use of land consistent with the established policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City Development guidelir)es; (ii) Annexation of approximately 240 acres including the 168.77-acre Project site and adjacent utility easements and corridors into the City of Rancho Cucamonga; (iii) integration of the Project with the character of the surrounding neighborhoods and establishment of a development that results in logical, coordinated growth; (iv) Establishment of a Project-wide circulation system that meets regional and local transportation needs and accommodates both vehicles and pedestrians; (v) Provision of a system of public/community facilities, including trails, open space areas, and landscaping to support the residents of the Project and surrounding area in an efficient and timely manner; (vi) Provision of backbone public infrastructure (i.e., roads, utilities) to serve Project residents and the surrounding community; (vii) Minimization of impacts to, and generation of revenues in excess, of costs for, various public service agencies; and (viii) Provision of quality housing opportunities compatible with existing and planned development that responds to market demands. (ix) The addition of housing units in accomplishment of the City's Housing Element Goals and fulfillment of regional housing needs. CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 12 (x) City control over the developing lands on the City's perimeter. (xi) Advancement of the regional trail system by the links to be completed by the Project. I. The mitigation measures in the Final EIR that correspond to the environmental impacts which may result from the Project are hereby adopted and made a condition of approval of, or incorporated into, the Project. The City Council also hereby adopts the "Mitigation Monitoring Plan" attached as Exhibit "H" to the July 21, 2004 City Council Staff Report for this Project. The Mitigation Monitoring Plan will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval as set forth in this Section of this Ordinance and in the Mitigation Monitoring Plan. m. Pursuant to provisions of the California Public Resources Code Section 21089(b), the findings contained in this Ordinance shall not be operative, vested or final until all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San · Bernardino. SECTION 3: The City Council finds that the Development Agreement does comply with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement does specify in detail and contains the following: a. Provisions are included in Section 3(A) of the Development Agreement requiring periodic review of the Agreement at least every twelve months, at which time the applicant shall be required to demonstrate good faith compliance with the terms of the Agreement (California Government Code Section 65865.1). b. The duration of the Development Agreement is specified in Section I(B) of the Agreement as being for ten (10) years (Government Code Section 65665.2). c. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed structures, and other required provisions are referred to in Section 2(A) of the Development Agreement (Government Code Section 65865.2). d. The Development Agreement includes conditions, terms, restrictions and requirements for subsequent discretionary actions in Section 2(B) of the Agreement (Government Code Section 65865.2). e. The Development Agreement includes terms and conditions in Section 2 that require the developer to improve portions of public streets around the perimeter of the property and provide for and improve streets inside the development (Government Code Section 65865.2). f. The Development Agreement specifies that the Project is to be constructed in coordination with the construction of certain public infrastructure improvements as specified in Section 2 of the Agreement. (Government Code Section 65865.2). SECTION 4: Based upon substantial evidence presented during the above-referenced public hearings on July 21, 2004 and October 20, 2004, including written and oral staff reports, CITY COUNCIL ORDINANCE NO. 730A DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC October 20, 2004 Page 13 together with public testimony, this Council hereby specifically finds that upon the adoption of General Plan Amendment DRC2003-00410, the Development Agreement will provide for development which is consistent with the Rancho Cucamonga General Plan. The City Council bases its findings of consistency with the General Plan on the fact that the project entitlements specified in the Development Agreement provide for the extension of the Iow density image of Old Etiwanda into the area as provided in General Plan Policy 2.4.4.5, the fact that the proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity, and that the Development Agreement is consistent with the General Plan's intent to keep substantial portions of the Etiwanda North Specific Plan area as open space. SECTION 5: Based on substantial evidence presented during the above-referenced public hearings on July 21, 2004 and October 20, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds that upon the adoption of Etiwanda North Specific Plan Amendment DRC2003-00409, the Development Agreement will provide for development which is consistent with the Etiwanda North Specific Plan. The City Council bases its findings of consistency with the Etiwanda North Specific Plan On the facts that the proposed Project will contain relatively large minimum residential lot sizes (minimum size of 8,400 square feet and an average lot size of 11,600 square feet), which are larger lots than in many other portions of the City and consistent with the goals of the Etiwanda North Specific Plan to provide for larger lots and equestrian lots. In addition, development of lots less than 20,000 square feet will require the developer to contribute an in-lieu fee of $1,000 per lot for the development of an Equestrian Center. The Project is also designed to contain a trails system, provide for views of the mountains, and with the imposition of Mitigation Measure 1-1, will comply with the Specific Plan's requirements for landscape treatments and required walls, fencing, lighting and community entry that is consistent with the design scheme specified in the Etiwanda North Specific Plan. SECTION 6: Ordinance No. 730 is hereby repealed. SECTION 7: This Council hereby approves Development Agreement DRC2003-00411, attached hereto as Exhibit "A," subject to the condition that the Development Agreement shall not become effective unless and until General Plan Amendment DRC2003-00410 and the Etiwanda North Specific Plan Amendment DRC2003-00409 have been reviewed and approved by the City Council and have taken effect. SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Upon the effective date of this Ordinance and satisfaction of the provisions contained in Section 6 of this Ordinance, the Mayor shall execute the Development Agreement on behalf of the City and the City Clerk shall cause the Agreement to be recorded in the offices of the County Recorder for the County of San~ Bemardino. APPROVED AND ADOPTED THIS __ DAY OF ,2004 BY: AI-I'EST: DEVELOPMENT AGREEMENT DRC2003-00411 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC PROPERTIES (dba TRACY DEVELOPMENT) CONCERNING THE PROPOSED TENTATIVE TRACT 14749 This Agreement (the "Development Agreement") is made and entered into this 21st day of July, 2004, by and between Tra~qh Pacific Properties (dba Trac¥ Development) and Parkwest Landscape, California corporations; and San Bernardino Flood Control District, and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code. Traiqh Pacific Properties, Parkwest Landscape, and San Bernardino Flood Control District, and its successors and assigns, if any, are referred to collectively hereinafter as the "Property Owner''. The CITY and Traiqh Pacific Properties et al. are collectively referred to herein as the "Parties". RECITALS: A. To provide more certainty in the approval of development projects, to encourage private participation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto. B. Section 65565(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as specified in the Development Agreement. C. Property Owner owns fee title to approximately 168.8-acres of real property located entirely within the County of San Bemardino (the "County") and more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Project Site"). D. On April 24, 2003 the City received an application for Tentative Tract Map (SUBTT14749), a General Plan Amendment (DRC2003-00410), an Etiwanda North Specific Plan Amendment (DRC2003-00409), along with this Development Agreement (DRC2003-00411) and a request for Annexation (DRC2003-01051) of the Proposed Project. An Environmental Impact Report has' been prepared to address the potential environmental impacts of the proposed project and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission. E. As set forth in Ordinance No. 730A adopted by the City Council on ...... , (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Development Agreement I Traigh Pacific Properties Parties hereto: (i) is in the best interest of the CITY; (ii) will promote the public convenience, general welfare, and good land use practices in the CITY; (iii) will promote preservation of land values; (iv) will encourage the development of the Project by providing a level of certainty to the Property Owner; and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan. AGREEMENT: NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows: Section 1. GENERAL PROVISIONS A. Effectiveness of Development A.qreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become effective, and the rights and obligations of the Parties shall only arise, upon the date that the last of the following have occurred: 1. The project site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not subject to judicial challenge; and 2. The Project and the Final EIR have been approved by the CITY and all entitlements have been issued for completion by Property Owner. B. Term. The term of this Development Agreement shall commence on the Effective Date and shall extend for a period of Ten (10) years thereafter, unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force majeure" circumstances described in Section 2.D.4. hereof or by mutual written consent of the Parties. Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from the project entitlements granted prior to, concurrently with, or subsequent to, the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses. C. Assiflnment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any person, partnership, joint venture, firm or corporation or other Development Agreement 2 Traigh Pacific Properties //~) ~ entity at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in default, as defined in Section 3.C. hereof, of any of the terms of this Development Agreement when the Transfer occurs. If all or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3.C. hereof. In no event shall the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Concurrently, with any such sale, transfer or assignment, or within ten business days thereafter, the Property Owner shall notify the CITY, in writing, of such sale, transfer or assignment and shall provide the CITY with an executed agreement, in a form reasonably acceptable to the CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of the Property Owner under this agreement. D, Amendment of Aqreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement. Property Owner and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of Property Owner. After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary. Such Implementing Development Agreement 3 Traigh F~acific Properties Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has made a reasonable determination that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Project Site under the applicable Project Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868. Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Proiect Entitlements The Project Entitlements are depicted on the Tentative Tract Map, Conceptual Grading Plan, and Conceptual Landscape Plan, attached hereto as Exhibits lA - 1C. Project Entitlements refers to the following material related to the approval of the Development Agreement (DRC2003-00411) and the Tentative Tract Map (SUBTT14749): all plans that constitute the approved project, all Planning Commission and City Council Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitoring and Reporting Plan and the Environmental Impact Report. The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop the Project. Site in substantial conformity with the Project Entitlements as approved by this Development Agreement. During the Term of this agreement, the permitted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requirements, provisions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Project constitute the Entitlements as approved by this Development Agreement. The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Project Entitlements. The Parties acknowledge and agree that the total number of lots in the approved tract totals 269 lots, and that lots may be shifted between phased tracts without increasing the overall number of lots and be in substantial conformity with the Project Entitlements as approved by this Development Agreement. The CITY Planner shall exemise his reasonable discretion to review transfers of lots between tracts and make the determination of substantial compliance. Other certain specific modifications of the Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto constitute material provisions of the Development Agreement, and are incorporated herein. B. Rules and Requlations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, (1) the ordinance, rules and Development Agreement 4 Traigh Pacific Properties regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and the design, improvement, and construction standards and specifications applicable to development of the Project and in effect as of the date of this Development Agreement, and (2) and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies in effect as of the date of this Development Agreement, but only to the extent that they are consistent with the Project Entitlements, as modified and/or amended by this Development Agreement (collectively the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") standards shall be followed, and the landscape standards applicable shall be those specified in this Development Agreement or if none are so specified, the CITY's Standards. In the event of any conflict between the Existing Laws and the other CITY ordinances, rules, regulations and official policies, then the Existing Laws shall control. The CITY shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules, regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be deemed to occur if, without limitation, such Future Policies: 1. Modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the construction or provisions of on- site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of extractions, other than as are in each case specifically provided for in this Development Agreement; 2. Prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property Owner would otherwise be entitled under this Development Agreement; 3. Render any conforming use of the Project Site a non-conforming use or any structure on the Project Site a non-conforming structure. C. Desiqn and Infrastructure Issues 1. Gated Community The Proposed Project is approved as a private gated community, which shall include formation of a Homeowners Association. The Homeowners Association must be formed to assume responsibility and maintenance of the gates, common area streets, drainage facilities, interim detention basins, utility easements, streetlights, sidewalks, landscaping (including the north side of 'Lower Crest Collector') and walls throughout the project. The terms and conditions of the CC&Rs establishing the Homeowners Association shall be subject to City approval prior to recordation. 2. Homeowners Association and Private In-tract Slopes In-tract streetscape plans depicting slopes on the Fiomeowners Association and private slopes shall be reviewed and approved by CITY. Slopes of a ratio 2H:IV may be permitted up to 30-feet in height upon review and approval of the City Planner with retaining walls as approved by the City Planner. Proposed specific slope treatments, which shall be applied are depicted on Exhibit 2. Development Agreement 5 T raigh Pacific Properties 3. Dr,/Utilities The Project Entitlements do not require that Burd vaults be installed and the CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site. 4. Community Trail The Property Owner shall design and construct improvements to the CITY Community Trail network along the Etiwanda Creek levee, and parallel to the northerly extension of Etiwanda Avenue along the west project boundary, in accordance with CITY Standards. 5. Gradinq The Grading Plan, included in the Project Entitlements, shall conform to the Design Guidelines of the Etiwanda North Specific Plan. However, with an average slope across the site less than 8%, the Project is exempt from the CITY Hillside Development Regulations of the Development Code. 6. Street Sections The CITY desires that the design of East Avenue, Etiwanda Avenue and "Lower Crest Collector," be designed as depicted in the Etiwanda North Specific Plan Exhibit 13(D)with community trail, and Exhibit 13(E), respectively. The following deviations from the standard CITY Engineering Division street standards or policies are acceptable as depicted on the approved plans included as part of the Project Entitlements: a. The straight sections on interior streets (Street W) may be greater than 800-feet due to the fact that the project is a private gated community, thereby limiting the project from traffic impacts from any other development through the project. b. All interior streets that have driveway access to single-family residential lots may be designed with a 50-foot right-of-way utilizing a rolled curb; all other streets within the tract shall have a 60-foot right-of-way with a City standard 6-inch curb face. 7. Circulation Issues and Fees a. Transportation Fee/Traffic Impact Analysis The Property Owner shall construct all circulation improvements necessary to serve the area in and around the Project Site, as generally depicted on Exhibits 3A - 6A. In addition, the Property Owner shall comply with Transportation Development Fees in accordance with CITY ordinance. Upon formation of a Community Facilities District ("CFD") Property Owner may include the cost of the improvement specified in this Section 2.C.7.b as part of the CFD financing. The Property Owner shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the following "backbone" improvements as described herein, in Development Agreement 6 Traigh Pacific Properties //~/, conformance with City Policy: East Avenue, Lower Crest Collector and the middle 38 feet of Etiwanda Avenue (full width across Southern California Edison corridor). b. Other Circulation Improvements The Property Owner shall design and construct the following improvements: (i) Etiwanda Avenue: Improve as a Secondary Arterial from the north boundary of Tract 16072 to Lower Crest Collector, as depicted in Exhibit 4A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. Property Owner may request reimbursement agreement to recover the cost for non-backbone improvements west of the centerline from future development as it occurs on adjacent properties in the City limits. If the Property Owner fails to submit said reimbursement agreement within 6-months of the public improvements being accepted by the City, all rights of the Property Owner to reimbursement shall terminate. (ii) East Avenue: Construct Collector Street improvements from the north boundary of Tract 16072 to Lower Crest Collector, as depicted in Exhibit 3A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. (iii) Lower Crest Collector: Construct Collector Street improvements along the entire length of the Project Site, as depicted in Exhibit 6A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. 8. Storm Drains The Property Owner shall design and construct the following improvements based on the criteria in the Etiwanda/San Sevaine Drainage Policy: a. Etiwanda/San Sevaine Area 3 Master Plan Storm Drain (i) The Property Owner shall provide adequate easements and construct local and Master Plan System 3 drainage facilities extending from the Project Site to the Etiwanda Regional Spreading Grounds. System 3 includes the projection of the existing open channel on the north boundary of Tentative Tract 14139, east of East Avenue to the Etiwanda Spreading Grounds. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with City Policy. The Property Owner may request a reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. (ii) The Property Owner shall participate in construction of Interim Master Plan Basin No. 2 and either the Etiwanda/Summit or the Etiwanda/Arrow Interim Regional Basin, to the satisfaction of the San Bernardino County Flood Control District. Development Agreement 7 Traigh Pacific Properties b. Etiwanda/San Sevaine Area 2 Master Plan Storm Drain (i) The channel along the north tract boundary constitutes a portion of the Master Plan System 2, which is required to protect the site from upstream flows. The channel shall be designed to be extended westerly along the Rancho Etiwanda Estates project. The Property Owner may also be required to install interim Master Plan Basin No.1, within the Project Site, to the satisfaction of the San Bemardino County Flood Control District. All flood protection improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer, including a Letter of Map Revision (LOMR) issued by FEMA. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with City Policy. The Property Owner may request a reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. (ii) Property owner shall construct Interim Master Plan Basin No. I if so directed by the San Bernardino County Flood Control District. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. c. Local Storm Drains The Property Owner shall construct local storm drains to convey development drainage to the Master Plan Storm Drain. Extend the local storm drain system as far on the Project Site as needed to contain Q25 within the tops of curbs, Q100 within rights-of-way and provide a 10-foot dry lane in Q10. The cost of the local storm drain system shall be borne by the Property Owner without Fee Credits. d. If interim basins are required by the San Bernardino County Flood Control District, easements shall be provided to the City for any lots containing said basins. Also, a maintenance agreement shall be executed guaranteeing private maintenance of the facilities, but providing the City with the right of access to maintain the facilities if private maintenance is insufficient and allowing the City to assess those costs to the developer. The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the developer fails to submit said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. e. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted regional drainage fee, which is not subject to fee creditJreimbursement like the master plan drainage fee. 9. Development of Park Sites Property owner agrees to construct the Parks in substantial conformity with the depiction and description of Exhibits 7A, 7B, and 7C in conformance with all applicable standards and permit requirements. The Park improvements shall be completed substantially complete by the one-hundredth (100th) building permit issuance in the Project. The Property Owner will make a good faith effort to complete al~ actions necessary to secure and complete work necessary to include the off-site special event Development Agreement 8 Traigh Pacific Properties parking area as depicted in Exhibit 7A. The City agrees to promptly process all applications and permits consistent with its usual and customary procedures. A portion of the required Equestrian Mitigation Fee shall be set aside as an endowment for capital replacement and maintenance purposes, in the event of private maintenance default by the tenant organization. The amount to be set aside shall be based on studies by the developer, subject to approval of the City Planner and City Engineer. The endowment shall be paid to the City prior to the issuance of building permits for the facility. 10. Park Fee/Equestrian Miticlation Fee/Beautification Fee The Property Owner shall pay the following fees: a. Property Owner will pay CITY a sum totaling $269,000 (based upon $1,000 per unit) for equestrian purposes; however, the Property Owner shall receive Equestrian Mitigation Fee credit for development of the North Etiwanda Equestrian Center on Lot E as depicted on Exhibit 7A, which Equestrian Center development costs will be limited to the total amount of Equestrian Mitigation Fees paid by Tentative Tract 14749 and other contributing projects. The current estimate of available Equestrian Mitigation Fees is $1.54 million. In addition, the Property Owner may request a reimbursement agreement from the City, for costs incurred in the development of the Equestrian Center that are over and above the obligation as noted above. The credit will be based on the actual cost of the improvements toward payment of the standard CITY Equestrian Mitigation Fee and the CITY Park Fee listed below in Section 10.b. Reimbursement in excess of the CITY Equestrian Mitigation Fee reimbursement shall be in the form of Park Fee credits toward the payment of the City Park Fee listed below in Section 10.b. The North Etiwanda Equestrian Center shall be constructed with Phase I of project development. b. The Property Owner shall pay the CITY a sum totaling $1,775,400 for park purposes (based upon a value of $6,600 per unit); however, the Property Owner shall receive Park Credit for the improvements to the North Etiwanda Preserve Trailhead on Lot F as depicted on Exhibit 7C, and for the excess development cost of the Equestrian Center pursuant to Section 10.a. above. The credit will be based on the actual cost of the improvements toward payment of the standard CITY Park Fee. The North Etiwanda Preserve Trailhead shall be constructed with Phase 1 of project development. c. In exchange for construction of landscaping improvements along the south side of Lower Crest Collector, the Property Owners shall not be required to pay CITY Beautification Fees for future residential construction. 11. Development Standards The project shall be developed in accordance with the following Development Standards. The Development Standards set the minimum requirements, however, the intent of the Project is to develop the project consistent with the goals of the CITY's Low-Density Residential District of the Etiwanda North Specific Plan. a. Lot Area: 8,400 Square Foot minimum b. Lot Width: 60-feet minimum as measured at building setback line. Development Agreement 9 Traigh Pacific Properties d. Lot Coveraqe: 40% maximum of lot area for building structures. Paving driveways patios or pools shall not be calculated as part of building coverage. e. Bu dinq Setbacks (i) Front Yard: Should be staggered with a minimum of 18-feet and an average of 20 feet throughout the tract as measured at the right-of-way line. (ii) Side Yard: 15-feet building separation is required with a minimum of 5-feet and 10-feet side yards measured form the property line. (iii) Rear Yard: 15-feet minimum useable (iv) Garaqe Placement: Where garages are entered from the local street and the garage doors do not face the street (side-entry garages) the setback shall be 10-feet minimum from the back of the sidewalk. (v) Buildinq Hei.qht: 35-feet maximum f. Number of Housing Units: The project entitlements include 269 housing units. 12. Desiqn Review Process The Project, and all subsequent applications for residential development, shall be subject to the CITY Development/Design Review process. 13. Architectural Guidelines The Project, and all subsequent applications for residential development, shall be subject to the Architectural Guidelines of the Etiwanda North Specific Plan. 14. Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 other qualified conservation entity approved by the City, in fee, a minimum of 164-acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be determined by County of San Bernardino Special Districts (or other conservation entity), to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based upon the review of appropriate Biological Habitat Assessments and concurrence of the CITY Planner. The transfer and funding shall occur prior to recording of the first final map of the Project. D. TiminR of Development and Fees 1. Development of the Perimeter Landscaping and the Etiwanda North Specific Plan Nei,qhborhood Monumentation Development Agreement 10 Traigh Pacific Properties All perimeter landscaping, including the Upper Etiwanda Neighborhood Monumentation, fencing, signage, and landscaping as depicted in the Etiwanda North Specific Plan Exhibit 25A-C, shall be completed prior to the release of occupancy of the 100th dwelling within the project. In addition, improvements to East Avenue, Etiwanda Avenue and Lower Crest Collector shall conform to the Upper Etiwanda Neighborhood Landscape theme as illustrated in the Etiwanda North Specific Plan Exhibit 21 (Landscape Street Sections B-l, M-l, and B-2, respectively). The landscape improvements shall be annexed to LMD No. 7, or other district as approved by the City Engineer. 2. Development of the Remainder of the Site Neither the property owner nor CITY can presently predict when or the rate at which phases of the project shall be developed, since such decisions depend on numerous factors which are not within the control of the Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors. The parties acknowledge and agree that Property Owner, subject to the restrictions and conditions in the Development Agreement, retains flexibility under this Development Agreement to develop the Project in such order and at such rate and times as are appropriate within the exercise of the Property Owner's business judgment. The CITY further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for disposition of some or all of the Project Site, prior to development, and that the rate at which the Project develops will likely depend upon the business judgment of subsequent owners of the Project Site. 3. CITY's Cooperation CITY shall use good faith efforts to prompfly process and take final action on any applications for permits or approvals filed by Property Owner with respect to the Project. Such cooperation shall include, without limitation, (a) using good faith efforts to process subsequent DevelopmentJDesign Review in accordance with state regulations; and (b) promptly processing all ministerial permits in accordance with Section 2.1 below. Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or liming of development of the Project Site or the extent thereof, shall be deemed to conflict with Property Owner's vested rights to develop the Project under this Development Agreement and shall, to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subject to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws. However, the criteria used in the evaluation of each development proposal shall be based on the objectives, policies and specific development standards specified herein. 4. Force Maieure Notwithstanding anything to the contrary contained in the Development Agreement, Property Owner and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by Development Agreement 11 Traigh Pacific Properties acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owner, as applicable. The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder. E. Future Entitlements With respect to any entitlements that Property Owner may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and Development/Design Review, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, rules, regulations and official policies. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CiTY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as otherwise specifically required by state or federal law. F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Project Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated in the EIR, shall be required. In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2.E. above), which is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without requiring new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional measures (or conditions) to mitigate, as permitted by CEQA, the adverse environmental impacts of such future entitlements, which were not considered at the time of approval of the Project. G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Project and Property Owner (collectively "fees") fall within one of three categories: (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subject to the limitations set forth in Sections 66013, 66014, and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public facilities, improvements and other amenities from the development projects, including any fees described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate Development Agreement 12 Traigh Pacific Properties to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defraying all or a portion of the cost of public facilities, improvements, or amenities related to development projects, but excluding the Existing Fee Categories ("other Fees"). The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions: 1. Processinq Fees. The CITY may charge Planning and Engineering Plan Check and Permit Fees and Building Permit Fees, which are in force and effect on a CITY-wide basis at the time of Property Owner's application for a land use entitlement, or a construction permit. The amount of any Processing Fees shall be determined by the CITY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout the jurisdictional limits of the CITY. 2. Other Fees. In consideration of the Property Owner's Agreement to modify the Project Entitlements as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owner or the Project dudng the term of this Development Agreement, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the project in accordance with 2.G above. 3. Fiscal Impact Analysis. CITY does not require Property Owner or the Project to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement. H. Non-Discretionary Permits The Parties acknowledge that in the course of implementing the Project, Property Owner will, from time to time, apply to the CITY for various ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CITY's jurisdiction (collectively the "Non-Discretionary Permits"). Property Owner shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2.B., above). The CITY shall issue to Property Owner, upon such applications, all required Non-Discretionary Permits, subject only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non-Discretionary Permits (subject to the provisions of Section H above) and the terms and conditions of the applicable permit application. The CiTY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in conjunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Project which are consistent with and further implement such Approved Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement. Development Agreement 13 Traigh Pacific Properties , /2/ I. Cooperation 1. Cooperation with Other Public Agencies. The CITY acknowledges that the Property Owner may apply from time to time for permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Project, in conjunction with the development of or provision of services to the Project, including, without limitation, approvals in connection with the developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infrastructure. The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including without limitation, the Cucamonga Valley Water District, the Inland Empire Utilities Agency, the San Bernardino County Flood Control District and Southern California Edison), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. 2. Construction of Off-Site Improvements. To the extent that Property Owner is required to construct any off-site street improvements as a condition of developing the Project, the Property Owner shall make good faith efforts to acquire any off-site property interests necessary to construct the required public improvements. If Property Owner fails to do so, Property Owner shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 and 66462.5 at such time as the CITY decides to acquire the property interests required for the public improvements. Such agreement shall provide for payment by Property Owner of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of those costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at Property Owner's cost. The appraiser shall have been approved by the CITY prior to commencement of the appraisal. To the extent that such off-site improvements, or the construction of any substantial infras[ructure on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners. Such assistance may include, without limitation, conditioning the'approval of development projects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements. Without limiting the generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner for construction and related costs incurred in providing such improvements to the extent legally permissible. 3. Public Financinq. The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park, Beautification, Equestrian and School Fees, and the remainder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Project. Subject to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the Development Agreement 14 Traigh Pacific Properties 122.' CITY agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financing plan for the payment of public infrastructure fees and the construction of the public infrastructure improvements. The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. J. Creation of the Landscape and Street Liqhtinq Maintenance District The CITY agrees to promptly form the necessary Landscape Maintenance District (LMD) pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Project development to encompass the Project Site as well as the ama being annexed by the CITY. The Property Owner shall pay for the formation of the LMD. The Parties agree that the LMD must be established no later than recordation of the first final tract map and that the CITY may create an LMD, which allows annexation of other areas. In addition, if outside agencies, upon their review and approval of various components of the project, impose any non- standard improvements that require extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation of additional maintenance districts upon the proposed development. Upon acceptance of improvements, the CITY (throughout the LMD) shall assume full responsibility for the maintenance, repair and replacement of the improvements to be maintained by the LMD pursuant to the LMDs governing documents. The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 2006, the City may request, and the Property Owner agrees to provide, reasonable cash deposit to fund the LMD. The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owner for any such cash advances to fund the LMD. Property Owner shall annex to the existing Street Lighting District for arterial streets citywide (SLD1). Streetlights on local streets shall be privately maintained. Section 3, ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government code Section 65866.1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owner with the terms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Project Site. In connection with such annual review, Property Owner shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owner. If at any time prior to the review period there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply. Development Agreement 15 Traigh Pacific Properties B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon written request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based upon information known to the CITY, the Development Agreement remains in effect and Property Owner is not in default. The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record of notice of compliance. Property Owner may record the Certificate of Compliance in the Official Records of the County of San Bernardino. C. Findinq of Default If, upon completion of the annual review, the City Planner intends to find that Property Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Owner. The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Property Owner's compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to determining Property Owner's performance under this Development Agreement. The notice shall specify in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owner may address the issues raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner. Within ten (10) days after the expiration of such 20-day response period, the City Planner shall notify Property Owner whether he has determined that Property Owner is in Default under this Development Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which the Property Owner has allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably related to the time necessary to bring Property Owner's perf'ormance into good faith compliance. D. Riqht to Appeal Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's decision directly to the City Council. Such appeal shall be initiated by filing a written notice of appeal with the City Clerk within the ten (10) calendar days following the Property Owner's receipt of the Notice of Default. The hearing on such appeal shall be scheduled in accordance with Section 17.02.080 of the CITY Development Code. At the hearing, Property Owner shall be entitled to submit evidence and to address all the issues raised by the Notice of Default. If, after considering all the evidence presented at the hearing, the City Council finds and determines on the basis of substantial evidence that the Property Owner is in Default, then the City Council shall specify in writing to Property Owner the instances in which the Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. Development Agreement 16 Traigh Pacific Properties E. Property Owner's Cure Riqhts if Property Owner is in Default under this Development Agreement, it shall have · a reasonable period of time to cure such Default before action is taken by the CiTY to terminate this Development Agreement or to otherwise amend or limit Property Owner's rights under this Development Agreement. In no event shall such cure period be less than the time set forth in the finding of Default made'under Sections 3.C. or 3.D. above (as applicable) or less than the time reasonably necessary to cure such Default. Any such cure period shall be extended by force majeure circumstances described in Section 2.D.4. above. Section 4. ENFORCEMENT A. Enforcement by Either Party Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties to this Agreement. B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4.B. are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law. C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred by either of the Parties in enforcing a judgment in its favor under this Development Agreement shall be recoverable separately from and in addition to any other amount included in this judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Development Agreement 17 Traigh Pacific Properties 125 Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns. Insofar as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign. B. Project as a Private UndertakinR It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such private property. C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. D. MortRaRe Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Project or any portion of the Project or any improvements on the Project, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Project or any improvements thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value. 3. Mortqaqee Not Obliqated. Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire to or possession of all or any portion of the Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as aforesaid, assign or otherwise Development Agreement 18 Traigh Pacific Properties 12Iv- transfer the Project or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owner with respect to the Property Owner or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer,' Mortgagee shall be relieved and discharged of and from any a~d all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof so assigned or transferred; and (b) the consent of CITY shall not be required for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations of Property Owner with respect to the Project or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder. 4. Notice of Default to Mort.qa.qee: Riqht of Mortqa.qee to Cure. If a Mortgagee files with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure period given to Property Owner with respect to such Default, to cure such default; provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall, within such thirty (30) day period, commences efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3.E above. 5. Bankruptcy. Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or injunction issued by any court or by any reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Property during the period of such prohibition if Mortgagee is proceeding diligently to terminate such prohibition. Development Agreement 19 Traigh Pacific Properties / 2 7 6. Amendment to Development A,qreement. The CITY and Property Owner agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything stated above to the contrary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Property Owner each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Project Entitlements and the Existing Laws. E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld. F. Entire Aqreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subject matter of this Development Agreement. G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. H. Governinq Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the rights of each of the Parties shall be determined in accordance with the laws of the State of California. I. Recordinq The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bernardino no later than ten (10) days following the effective date of this Development Agreement. Development Agreement 20 Traigh Pacific Properties J, Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement. K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the. strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of, or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by all of the Parties. L. Partial Invalidity If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Notices All notices between the CITY and Property Owner and any transferee under this Development Agreement, Shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the C!.TY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Parties' current addresses are as follows: To CITY: Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 With Copies to: James Markman City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 Development Agreement 21 Traigh Pacific Properties To Property Owner: Mr. Tom Tracy Traigh Pacific/Parkwest Landscape Cio Tracy Development Company 26862 Paseo Cardero San Juan Capistrano CA 92675 Either Party may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above. N. indemnification Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Project Entitlements or both. IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written. CITY OF RANCHO CUCAMONGA TRAIGH PACIFIC PROPERTIES Dba TRACY DEVELOPMENT By: By: Mayor NAME/TITLE ATTESTED TO: PARK~NEST LANDSCAPE By: City Clerk NAME/TITLE APPROVED AS TO FORM: City Attorney Attorney for Traigh Pacific Properties (et al.) Development Agreement 22 Traigh Pacific Properties · ., , . , ~ -- ° ........ -'--' CONCEPTUAL GRADING PLAN ~ , -=~" TENTATIVE TRACT NO. 14749 .... .- - ~ ~.._ ~.n~t -~ Ir~ Conceptual Landscape Plan Tentative Trod No. 14749 Traigh Pacific SLOPE TREES: -~ PROPERTY LINE SEE DETAIL ~ WALL/VIEWFENCE RANDOM MASSES ON SLOPE · ~ LOT IRREGULAR VISUAL PLANE ALONG SLOPE WITH VARYING GROWTH HABITS TYPICAL SLOPE PLANTING SECTION NOT TO SCALE "~ ~ '~ LOT 'Z' ~ (REMAINDER PARCEL ~N [~ST. SrO~ ~,~. c~ S.B.C.F.C.D. , ,. £WF / FW] Construct I=ast Ave. off~ract to 23rd Street or to connect to a street section of at least that which Is shown on F:xhlbit 31]. whichever occurs first. R/W EX~ST. GRND. EAST AVENUE Exhibit 5A R/W 'J2' 11' 22' . ~ 22' , I~ 11' TRAIL I £$~T, EXIST. GRND. EAST AVENUE LOT Construct Lewer Crest Cnllector ./w R/W , 65' ' I I __~ 11' . ., 22' i~ 22' 11' -I LOWER CREST COLLECTOR FROM £TIWANDA AV~. TO 900'± £'LY S'LY PL R/W ~ VARIES (66' MIN,) I VARIES ! 22' d 22' I 11' S.C.E, ' ' ~ CORRIDOR I' J' LOWER CREST COLLECTOR FROM 900'+ £'L¥ OF ETIWANDA AVE TO EAST AVE. ILOT'Z' pARKiNG REC-.AP: J \ LOT 'E' and 'Z' EQUESTRI/~I CENTER and PARKING MJSDesign Group ,- rj~ojgjjJJaJ~y EjjJJost~n CgJJt~ Landscape Architecture + Planning + Design and lrai~ead Parkblg Lot Sight Plan ~-.-~.~.,~ Development Agreement DRC2003-00411 Equestrian Center Design Amenities General Description: The Equestrian Facility as proposed would consist of a large enclosed arena (100 feet by 250 feet).. Two covered round pens would be located one on each end for exercising animals and teaching some lessons. Bleacher seats for up to 50 persons would be needed for spectators. There would be 10 -12 barn stal~s to house Program horses. Special Event parking (up to 12 such events per year) would include 20 Trailer and 50 passenger car spaces to be located on a graded but unimproved area on adjacent to the south SBCFCD (fee owned)/SCE (easement) Utility Corddor Area. Other items would include snack bar, office, community meeting room, and care taker apartment within the main Barn Structure. The Arena would be used for riders, shows, clinics and seminars. This area would be equipped with lights and bells for the disabled. A hydraulic lifl would be available for those in wheel chairs or others in need of assistance with mounting and dismounting. The living quarters would be used as a Care Taker residence for someone (possibly a student needing experience or an internship) to care for the animals and properly. The following detail list constitutes the desired and not final amenities and will be modified based upon budget considerations during the design phase: 1. Indoor and outdoor dust control 2. indoor Fly control system 3. Concrete floors on indoor barn and aisle with rubber mats/eqatile 4, Indoor Barn Stalls equipped with Dutch type doors 5, Ventilation - Cooling/Heating,System for Barn complex (meets applicable UBC) 6. Automati(~ Fire and Burglar Alarm System 7. Closed cimuit (B&W) TV monitoring system 8. Lighting both inside and out (outside area minimum I candle foot security requirement of the City) 9. 270 V electrical connection for ceramic kiln for Art Therapy Program 10. Data and Cable TV wired to Office and Care Taker Unit. 11. Telephones in Barn Aisle, Office and Care Taker Unit. 12. Out door drop off area and vehicle cimulation for both disabled and Horse Trailers 13. On site Staff and Visitor Parking - 6 Spaces. 14. Automatic Waters both inside and outside for each stall and 1 in the center aisle with individual and independent shut off valves. 15. Manure container enclosure with weekly pick up. 16. Sigcage 17. Inside and outside PA system 18. 2 Round Pens with covers 19. Vehicle security gates for driveway connections. 20. 12 outdoor horse stalls with covers and enclosures on three sides for visitors. 21. Limited (250 Sq. fl. max.) accent landscaped and irrigated planter at building entrance. 22. Perimeter landscaping shall be included within street and trail right of way and maintained by the LMD. 23. Arena Footing will consist of a minimum 6" gravel base, 4" arena Sand, and 2" of pine shavings or material may be considered during the design phase Exhibit 7 B , 19Y /!i LOT 'F' PAP. KING RECAP: 'Iii // ~ LOT 'P T~IL H~ P~ING ~1~,.~ i~,,~n Lands~pe Architecture + Planning + Design Ci~ of Rancho Cucamonga, CA EXHIBIT O ,NANCE NO. '7S <' AN O ,NANCE OF THE ¢,TY COUNCIL OF THE CITY CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ELECTRIC RULES AND RATES SCHEDULES AND RELATED REGULATIONS. A. Recitals. (i) The City Council of the City of Rancho Cucamonga established a municipal utility on August 31, 2001. The City has subsequently undertaken the actions necessary or desirable to obtain electric power fi.om generating and/or wholesaling sources and to distribute the acquired electric power to retail customers within the City. The City Council has determined that the adoption and thereafter, the enforcement of a tariff, in the form the drafted Electric Rules and Rate Schedules is necessary to farther the orderly distribution of the electric power to the City's retail customers. (ii) The City has prepared comprehensive Electric Rules and Regulations which serve to both establish the duties and obligations of City and its retail electric customers and to establish the standards attendant to the provision of electricity by the City. Finally the enactment establishes thc authority of City to establish the fees for power and services and adopt the same, from time to time, by resolution. (iii) The City Council has assured itself that the fees reflect the City's reasonable and prudent costs for such an enterprise and do not establish unfair, urLreasonable or excessive rates that exceed the City's reasonable costs of doing business. (iv) The City Council has reviewed the adoption of this Ordinance pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of thc fees is exempt fi.om substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action.. (v) On October 20, 2004, the City Council conducted a duly noticed public hearing concerning the adoption of this Ordinance. Prior written notice was provided to the owner(s) of the affected private roads, and owner(s) and operator(s) of the affected off-street parking facilities, as required by law. (vi) All legal prerequisites to the adoption of this Ordinance have occurred. l 1231-0001\777394vl .doc , /q3 B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. All facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. A new Chapter 3.46 titled "Electric Rules and Regulations" shall be added to Title 3 of the Rancho Cucamonga Municipal Code, which shall read, in words and figures as is set forth in Attachment 1, which is hereby incorporated by reference as if fully set forth herein. Section 3. The fees attendant to and arising under this Ordinance, either directly or indirectly, shall be adopted by separate resolution of this City Council and may be mended from time to time thereafter. Section 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 5. The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND ADOPTED this __ day of ,2004. Mayor I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the __ day of , 2004, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the __ day of ,2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga 2 11231-0001\777394vl .doc / ~t ~7~~ THE CITY OF I~ANCHO CI~CAMONGA DATE: November 3, 2004 TO: Mayor and Members of the CRy Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: ANNEXATION DRC2003-01051 - TRAIGH PACIFIC - A request to approve the Tax Revenue Exchange for annexation proceedings (LAFCO No. 2970) between the County of San Bernardino and the City of Rancho Cucamonga, for approximately 168.77 acres of land within the Etiwanda North Specific Plan, located north of the lower Southern California Edison (SCE) corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 21 thru 26, and 0225-084-02 and 03. RECOMMENDATION: Staff recommends that the City Council approve Resolution No. __ agreeing to the proposed Tax Revenue Exchange between the County of San Bernardino and the City of Rancho Cucamonga. BACKGROUND: At the July 24, 2004, City Council Meeting the following actions were taken: A. Adopted the Resolution certifying the Final EIR for SUBTT14749, Development Agreement DRC2003-00411 and Annexation DRC2003-01051; B. Adopted the Resolution to initiate proceedings for the annexation of approximately 240 acres of land located within the Etiwanda North Specific Plan, north of the lower SCE corridor between Etiwanda Avenue and East Avenue; C. Adopted the Resolution allowing a General Plan land use amendment from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) and Conservation for approximately 168.77 acres of land; D. Adopted the Ordinance allowing an amendment to the Etiwanda North Specific Plan, changing the district designation for 168.77 acres of land from Very Low Residential (. 1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) and Flood Control/Resource Conservation, and master-planned circulation modifications to the north; E. Denied the Appeal to the Planning Commission's decision to approve Tentative Tract Map SUBTPM No. 14749, as submitted by Craig A. Sherman, attorney for the Spirit of the Sage Council, CITY COUNCIL STAFF REPORT DRC2003-01051 - TRAIGH PACIFIC ANNEXATION November 3, 2004 Page 2 and the Habitat Trust for Wildlife, Inc., dated June 12, 2004, and subsequently approved Tentative Tract Map SUBTPM14749. On October 20, 2004, the City Council adopted a replacement Ordinance to allow the City to enter into the Development Agreement DRC2003-00411, a Development Agreement between the City of Rancho Cucamonga and Traigh Pacific, for the purpose of developing an approximate 168.77-acre site with up to 269 residential lots. Following the City Council certification of the Environmental Impact Report (EIR) and approval of the project, an annexation application and all associated documentation was submitted to the Local Agency Formation Commission (LAFCO). The annexation includes the 168.77-acre project site and adjacent parcels owned by SBCFCD (San Bernardino County Flood Control District) for a total of 240 acres, located north of the SCE corridor between Etiwanda Avenue and East Avenue (Exhibit "A"). Pursuant to the provisions outlined in Section 99 of the Revenue and Taxation Code, LAFCO provided the City with the Distribution of Auditor-Controller's Response and Estimated Tax Revenue for the Traigh Pacific annexation (Exhibit "B"). Pursuant to the negotiation process and prior to the annexation, both the City and County of San Bemardino must adopt a resolution approving the Property Tax Revenue Exchange. As Outlined in Section 99(b) (5), the County of San Bernardino shall negotiate the exchange of revenues on behalf of all affected special districts. The County of San Bernardino Economic Development Department utilized a standard formula to determine property tax allocation for the Traigh Pacific annexation. The formula for the distribution of the tax is consistent with prior tax rate exchanges previously agreed to and adopted by the City Council. The estimated property tax revenue to be received by the City of Rancho Cucamonga for the Traigh Pacific property is 8.4 percent. CONCLUSION: Adoption of the attached Resolution is required for LAFCO to proceed with the Traigh Pacific annexation. Respectfully submitted, Brad Buller City Planner BB:LH\ge Attachments: Exhibit "A"- Annexation Map Exhibit "B" - County of San Bernardino Staff Report dated October 26, 2004 Exhibit "C"- County of San Bernardino Resolution No. Resolution Determining the Amount of Property Tax Revenue to be exchanged between the City of Rancho Cucemonga and the County of San Bernardino 0.2 0 0.2 0.4 0.6 0.8 Miles  e' CITY LIMITS TRAIGH PACIFIC ANNEXATION ANNEXATION (~ DRC2003-01051 EXHIBIT"A" LAFCO NO. 2970 /,.~ REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION October 26, 2004 FROM: NORMAN A. KANOLD, Assistant County Administrator Economic Development/Public Services Group SUBJECT: LAFCO NO. 2970-REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF RANCHO CUCAMONGA AND WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (TRACY DEVELOPMENT, DRC 2003-01051) RECOMMENDATION: Adopt resolution determining the following as the property tax revenue amounts to be transferred as a result of pending annexation LAFCO No. 297Q--Reorganization to include Annexations to the City of Rancho Cucamonga and West Valley Mosquito and Vector Control District (Tracy Development, DRC 2003-01051 ): Agency Transfer To Transfer From City of Rancho Cucamonga $1,252 West Valley Mosquito and Vector Control $0 County Free Library $215 County General Fund $639 CSA 70 - County Wide $398 BACKGROUND INFORMATION: Local Agency Formation Commission (LAFCO) No. 2970 pertains to an annexation, which encompasses approximately 239 acres. The area is located within a portion of Section 21, Township 1 North, Range 6 West, San Bernardino Meridian. The annexation site is generally bordered by parcel lines on the north and east, the natural extension of 25t~ Street on the south, and Etiwanda Avenue (existing City of Rancho Cucamonga boundary) on the west. The area includes the project known as '~racy Development--Tentative Tract Map No. 14749" and is within the northern sphere of influence of the City of Rancho Cucamonga. The transfer amounts in the past have been historically determined using a formula agreed to by the County and a Committee of City Managers and formally adopted by the Board of Supervisors on May 19, 1980. However, on September 30, 2003, the Board of Supervisors approved an amendment to County policy on property tax transfers for annexations to provide that for future annexations to all incorporated cities, cities shall receive a minimum of 7% of the property tax revenue collected from the annexed areas. At this time, there are six incorporated cities within San Bernardino County that have a property tax sharing rate of less than 7%, which includes the City of Rancho Cucamonga. The City's share of the recommended property tax transfer amount is based upon this 7% minimum, in addition to the County Library share (1.45%) in accordance with the "Agreement For Withdrawal From County Library System" dated December 21, 1993. The City concurs with this property tax transfer and is expected to adopt a similar resolution at its next scheduled council meeting. Record of Action of the Board of Supervisors 151 LAFCO NO. 2970--REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF RANCHO CUCAMONGA AND WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (TRACY DEVELOPMENT, DRC 2003-01051) October 26, 2004 Page 2 of 2 The reorganization includes the annexation of the territory to the West Valley Mosquito and Vector Control District that funds its services through an assessment placed upon properties within its boundaries. No transfer of property tax revenues is attributable to this change as no detaching agency is included in the consideration. REVIEW AND APPROVAL BY OTHERS: This item was reviewed by the County Administrative Office (Wayne Thies, Administrative Analyst, 387-5409) on October 19, 2004, and by LAFCO (Kathleen Rollings-McDonald, Executive Officer, 387-5866) on October 19, 2004. This item has also been coordinated with the agencies impacted by the'pending annexation. FINANCIAL IMPACT: This property tax transfer shall only be effective upon the satisfactory completion of the annexation proceedings. Once this annexation has been finalized, the property tax revenue transfer will occur. As a related matter, the San Bernardino County Consolidated Fire District (County Fire through CSA 70) provides for fire protection administrative services to this unincorporated area within the City of Rancho Cucamonga sphere of influence, while fire protection is provided by the Rancho Cucamonga Fire Protection District. If the proposed annexation is approved by LAFCO, that action would transfer the tax revenue from County Fire to the City of Rancho Cucamonga. The net financial impact to County Fire would be an annual reduction of $398 in corresponding tax revenue. SUPERVlSORIAL DISTRICT(S); 2"d. PRESENTER: Norman A. Kanold, Assistant County Administrator, 387-4532. 15.2. RESOLUTION NO. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA, AND THE WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO NO. 2967 On Tuesday, October 26, 2004, on motion of Supervisor , duly seconded by Supervisor ., and carried, the following resolution is adopted: SECTION 1. The Board of Supervisors of the County of San Bernardino hereby finds and determines that: A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies. B. Except as provided in Section 99.1 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors shall, on behalf of the district or districts, negotiate any exchange of property tax revenues. C. The Board of Supervisors of the County of San Bernardino and the City of Rancho Cucamonga have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change(s): LAFCO NO. 2967 - Reorganization to include Annexations to the City of Rancho Cucamonga and West Valley Mosquito and Vector Control District (Richland Pinehurst, DRC 2002-00865) SECTION 2. The Board of Supervisors of the County of San Bernardino hereby resolves and orders that: A. The negotiated exchange of property tax revenue between the County of San Bernardino, the City of Rancho Cucamonga, and West Valley Mosquito and Vector Control District, attached hereto as Exhibit "A" and incorporated herein by reference, resulting from the above-described jurisdictional change(s), is approved and accepted. B. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies whose service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code. SECTION 3. The Clerk of the Board of Supervisors is hereby directed to certify the passage of this resolution and to cause a certified copy to be sent to the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. PASSED AND ADOPTED by the Board of Supervisors of San Bernardino County, State of California, by the following vote: AYES: SUPERVISORS: NOES: SUPERVISORS: ABSENT: SUPERVISORS: STATE OF CALIFORNIA ) ) SS, COUNTYOF SAN BERNARDINO ) I, J. RENEE BASTIAN, Clerk of the Board of Supervisors of San Bernardino County, California, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the same appears in the Official Minutes of said Board at its meeting of October 26, 2004. J. RENEE BASTIAN, Clerk of the Board of Supervisors of San Bernardino County By DEPUTY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETVVEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA, RESULTING FROM THE JURISDICTION CHANGE DESCRIBED BY LAFCO NO. 2970. SECTION 1: The City Council of the City of Rancho Cucamonga hereby finds and determines that: a. Pursuant to Section 99 of the Tax Revenue and Taxation Code, prior to the issuance of a certificate of filing by the Local Agency Formation Commission Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine, by resolution, the amount of property t~x revenues to be exchanged between and among such local agencies. b. Except as provided in Section 99.1 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors of the County of San Bemardino shall, on behalf of the district(s), negotiate any exchange of property tax revenues. c. The City Council of the City of Rancho Cucamonga and the Board of Supervisors of the County of San Bernardino have determined the amount of properly tax revenues to be exchanged as a result of the following jurisdictional change: LAFCO No. 2970 - CITY OF RANCHO CUCAMONGA Tracy Development (DRC2003-01051 ) SECTION 2: The City Council of the City of Rancho Cucamonga hereby resolves and orders that: a. The negotiated exchange of property tax revenue between the County of San Bernardino and the City of Rancho Cucamonga, attached hereto as Exhibit "A" and incorporated herein by reference, resulting from the above-described jurisdictional change(s), is approved and accepted. b. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies, whose service area or service responsibilities will be altered by the proposed jurisdictional change, shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code. SECTION 3: The City Clerk is hereby authorized and directed to certify the passage of this Resolution and to cause a certified copy to be sent to the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. LAFCO 2970 City of Rancho Cucamonga (Tracy Development- DRC2003-01051 EXHIBIT A City of Rancho Cucamonga Pement of New TRA 8.45% TRA 70007 ASSESSED VALUE $ I 480 807~. TAX REVENUE $ 14,808 CHANGE IN BASE YEAR 2004-05 TRANSFER FROM County: General Operations $ (639) Flood Control Zone #1 $ Flood Control Administration $ Library $ (215) Total County $ 1854) Other Affected Agencies: CSA 70 - Countywide $ (398) $ Total Other Affected Agencies $ (398) TOTAL TRANSFER FROM $ 11,252) TRANSFER TO City of Rancho Cucamonga $ 1,252 West Valley Mosquito and Vector $ Control District TOTALTRANSFER TO $ 1,252 The City of Rancho Cucamonga Staff Report DATE: November 3, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: ANNEXATION DRC2002-00865 - RICHLAND PINEHURST - A request to approve the Tax Revenue Exchange for annexation proceedings (LAFCO No. 2967) between the County of San Bernardino and the City of Rancho Cucamonga for approximately 160 acres of land on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue ~ APN: 0225-083-01, 12, 13, 14, 15, 16 and 20. RECOMMENDATION: Staff recommends that the City Council approve Resolution No. agreeing to the proposed Tax Revenue Exchange between the County of San Bernardino and the City of Rancho Cucamonga. BACKGROUND: At the June 16, 2004, City Council Meeting, the following actions were taken: A. Approved the Resolution certifying the Final EIR for Tentative Tract Tentative SUBTT16072, Development Agreement DRC2002-00156, and Annexation DRC2003-00865. B. Approved the Resolution to initiate proceedings for the annexation of 160 acres of land generally located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue. C. Denied the Appeal to the Planning Commission's decision to approve Tentative Tract Map SUBTT16072, as submitted by Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., dated May 19, 2004, and subsequently approved Tentative Tract Map SUBTT16072. D. Adopted the Ordinance to enter into Development Agreement DRC2002-00156, a Development Agreement between the City of Rancho Cucamonga and Richland Pinehurst for the purpose of developing an approximate 150.8-acre site with up to 359 residential lots. CITY COUNCIL STAFF REPORT ANNEXATION DRC2002-00865 - RICHLAND PINEHURST November 3, 2004 Page 2 Following City Council certification of the Environmental Impact Report (EIR) and approval of the project, an annexation application and all associated documentation was submitted to the Local Agency Formation Commission (LAFCO). The annexation includes the entire 160 acres, which constitutes the southwest quadrant of Section 21, located north of Wilson' Avenue between Etiwanda Avenue and East Avenue (Exhibit "A"). Pursuant to the provisions outlined in Section 99 of the Revenue and Taxation Code, LAFCO provided the City with the distribution of the Auditor-Controller's Response and Estimated Tax Revenue for the Richland Pinehurst annexation (Exhibit "B"). Pursuant to the negotiation process and prior to annexation, both the City and County of San Bernardino must adopt a resolution approving the Property Tax Revenue Exchange. As outlined in Section 99(b) (5), the County of San Bernardino shall negotiate the exchange of revenues on behalf of all affected special districts. The County of San Bernardino Economic Development Department utilized a standard formula to determine property tax allocation for the Richland Pinehurst annexation. The formula for the distribution of the tax is consistent with prior tax rate exchanges previously agreed to and adopted by the City Council. The estimated property tax revenue percentage to be received by the City of Rancho Cucamonga for the annexation is 8.4 percent. CONCLUSION: Adoption of the attached Resolution is required for LAFCO to proceed with the Richland Pinehurst annexation. Respectfully submitted, Brad Buller City Planner BB:LH\ma Attachments: Exhibit "A"- Annexation Map Exhibit "B" - County of San Bemardino Staff Report dated October 26, 2004 Exhibit "C"- County of San Bemardino Resolution No. Resolution Determining the Amount of Property Tax Revenue to be exchanged between the City of Rancho Cucamonga and the County of San Bernardino 0.2 0 0.2 0.4 0.6 Miles DRC2002-00865 LAFCO NO.2967 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION October 26, 2004 FROM: NORMAN A. KANOLD, Assistant County Administrator Economic Development/Public Services Group SUBJECT: LAFCO NO. 2967 - REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF RANCHO CUCAMONGA AND WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (RICHLAND PINEHURST, DRC 2002-00865) RECOMMENDATION: Adopt resolution determining the following as the property tax revenue amounts to be transferred as a result of pending annexation LAFCO NO. 2967 - Reorganization to include Annexations to the City of Rancho Cucamonga and West Valley Mosquito and Vector Control District (Richland Pinehurst, DRC 2002-00865): A.qency Transfer To Transfer From City of Rancho Cucamonga $4,186 West Valley Mosquito and Vector Control $0 County Free Library $721 County General Fund $2,129 CSA 70 - County Wide $1,336 BACKGROUND INFORMATION: Local Agency Formation Commission (LAFCO) No. 2967 pertains to an annexation, which encompasses approximately 162 acres. The area is generally located within a portion of Section 21, Township I North, Range 6 West, San Bernardino Meridian. The annexation site is generally bordered by parcel lines on the north, the natural extension of East Avenue on the east, the natural extension of Wilson Avenue (existing City of Rancho Cucamonga boundary) on the south, and Etiwanda Avenue (existing City of Rancho Cucamonga boundary) on the west. The area includes the project known as "Richland Pinehurst--Tentative Tract Map No. 16072" within the northern sphere of influence of the City of Rancho Cucamonga. The transfer amounts in the past have been historically determined using a formula agreed to by the County and a Committee of City Managers and formally adopted by the Board of Supervisors on May 19, 1980. However, on September 30, 2003, the Board of Supervisors approved an amendment to County policy on property tax transfers for annexations to provide that for future annexations to all incorporated cities, cities shall receive a minimum of 7% of the property tax revenue collected from the annexed areas. At this time, there are six incorporated cities within San Bernardino County that have a property tax sharing rate of less than 7%, which includes the City of Rancho Cucamonga. The City's share of the recommended property tax transfer amount is based upon this 7% minimum, in addition to the County Library share (1.46%) in accordance with the "Agreement For Withdrawal Record of Action of the Board of Supervisors LAFCO NO. 2967 - REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF RANCHO CUCAMONGA AND WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (RICHLAND PINEHURST, DRC 2002-00865) October 26, 2004 Page 2 of 2 From County Library System" dated December 21, 1993. The City concurs with this property tax transfer and is expected to adopt a similar resolution at its next scheduled council meeting. The reorganization includes the annexation of the territory to the West Valley Mosquito and Vector Control District that funds its services through an assessment placed upon properties within its boundaries. No transfer of property tax revenues is attributable to this change as no detaching agency is included in the consideration. REVIEW AND APPROVAL BY OTHERS: This item was reviewed by the County Administrative Office (Wayne Thies, Administrative Analyst, 387-5409) on October 19, 2004, and by LAFCO (Kathleen Rollings-McDonald, Executive Officer, 387-5866) on October 19, 2004. This item has also been coordinated with the agencies impacted by the pending annexation. FINANCIAL IMPACT: This property tax transfer shall only be effective upon the satisfactory completion of the annexation proceedings. Once this annexation has been finalized, the property tax revenue transfer will occur. As a related matter, the San Bernardino County Consolidated Fire District (County Fire through CSA 70) provides for fire protection administrative services to this unincorporated area within the City of Rancho Cucamonga sphere of influence, while fire protection is provided by the Rancho Cucamonga Fire Protection District. If the proposed annexation is approved by LAFCO, that action would transfer the tax revenue from County Fire to the City of Rancho Cucamonga. The net financial impact to County Fire would be an annual reduction of $1,336 in corresponding tax revenue. SUPERVlSORIAL DISTRICT(S): 2~. PRESENTER: Norman A. Kanold, Assistant County Administrator, 387-4532. RESOLUTION NO. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA, AND THE WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT RESUETING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO NO. 2970 On Tuesday, October 26, 2004, on motion of Supervisor , duly seconded by Supervisor , and carried, the following resolution is adopted: SECTION 1. The Board of Supervisors of the County of San Bernardino hereby finds and determines that: A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be .altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies. B. Except as provided in Section 99.1 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors shall, on behalf of the district or districts, negotiate any exchange of property tax revenues. C. The Board of Supervisors of the County of San Bernardino and the City of Rancho Cucamonga have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change(s): LAFCO NO. 2970 - Reorganization to include Annexations to the City of Rancho Cucamonga and West Valley Mosquito and Vector Control District (Tracy Development, DRC 2003-01051) SECTION 2. The Board of Supervisors of the County of San Bernardino hereby resolves and orders that: A. The negotiated exchange of property tax revenue between the County of San Bernardino, the City of Rancho Cucamonga, and West Valley Mosquito and Vector Control District, attached hereto as Exhibit "A" and incorporated herein by reference, resulting from the above-described jurisdictional change(s), is approved and accepted. B. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies Whose service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code. SECTION 3. The Clerk of the Board of Supervisors is hereby directed to certify the passage of this resolution and to cause a certified copy to be sent to the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. PASSED AND ADOPTED by the Board of Supervisors of San Bernardino County, State of California, by the following vote: AYES: SUPERVISORS: NOES: SUPERVISORS: ABSENT: SUPERVISORS: STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) I, J. RENEE BASTIAN, Clerk of the Board of Supervisors of San Bernardino County, California, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the same appears in the Official Minutes of said Board at its meeting of October 26, 2004. J. RENEE BASTIAN, Clerk of the Board of Supervisors of San Bernardino County b~ DEPUTY RESOLUTION NO. ~)/'/~' ~ *~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO GUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA .RESULTING FROM THE JURISDICTION CHANGE DESCRIBED BY LAFCO NO. 2967. SECTION 1: The City Council of the City of Rancho Cucamonga hereby finds and determines that: a. Pursuant to Section 99 of the Tax Revue and Taxation Code, prior to the issuance of a cedificate of filing by the Local Agency Formation Commission Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies. b. Except as provided in Section 99.1 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors of the County of San Bernardino shall, on behalf of the district(s), negotiate any exchange of property tax revenues. c. The City Council of the City of Rancho Cucamonga and the Board of Supervisors of the County of San Bernardino have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change: LAFCO No. 2967 - CITY OF RANCHO CUCAMONGA Richland Pinehurst (DRC2002-00865) SECTION 2: The City Council of the City of Rancho Cucamonga hereby resolves and orders that: a. The negotiated exchange of property tax revenue between the County of San Bemardino and the City of Rancho Cucamonga, attached hereto as Exhibit "A" and incorporated herein by reference, resulting from the above-described jurisdictional change(s), is approved and accepted. b. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies whose service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code. SECTION 3: The City Clerk is hereby authorized and directed to certify the passage of this Resolution and to cause a cedified copy to be sent to the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. LAFCO 2967 City of Rancho Cucamonga (Richland Pinehurst DRC 2002-00865) EXHIBIT A City of Rancho Cucamonga Percent of New TRA 8.45% TRA 70007 ASSESSED VALUE $ 4,950,423 TAX REVENUE $ 49,504 CHANGE IN BASE YEAR 2003-04 TRANSFER FROM County: General Operations $ (2,129) Flood Control Zone #1 $ F~ood Control Administration $ Library $ (721) Total County $ (2,850) Other Affected Agencies: CSA 70 - Countywide $ (1,336) $ Total Other Affected Agencies $ (1,336) TOTAL TRANSFER FROM $ (4,186) TRANSFER TO City of Rancho Cucamonga $ 4,186 West Valley Mosquito and Vector $ Control District TOTAL TRANSFER TO $ 4,186