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2005/10/05 - Agenda Packet
10500 Civic Cen~er Drive ~ Rancho Cucamonga, CA 91730-3801 AGENDAS ]~EGULAR ]~/~EETINGS 1st and 3rd Wednesdays + 7:00 p.m. AGENCY~ ~OARD & CITY COUNCIL i~EMBERS William J. Alexander .................... IVlayor Diane Williams ............... i~layor Pro Tem Rex Gutierrez ............................ Member L. Dennis Michael ..................... Member Sam Spagnolo .......................... IVlember Jack Lam ......................... City Manager James L. IViarkman ............. City Attorney Debra J. Adams ..................... City Clerk q~)RDER OF BUS[NESS 5:30 p.m. Closed Session .................. Tapia Conference Room 7:00 p.m. Regular City Council Meeting ............ Council Chambers INFORMATION FOR THE PUBLIC ..~NCHO ~..~,~.~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 spokesperson may present the views of your. entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item heron the agenda, you maydo 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 te view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSL/Cable Modem) er 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 OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 Civic CENTER DRIVE ~,UCAMONGA 1. Pledge of Allegiance to be led by Boy Scout Troop 655. 2. Roll Call: Alexander __, Gutierrez __, Michael__, Spagnolo__, and Williams__. B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of a Proclamation in recognition and support of California Arts Day, October 7, 2005. 2. Presentation of a Proclamation in recognition of "Fire Prevention Week," October 9-15, 2005. 3. Presentation of a Proclamation to the Catholic Daughters of the Americas in recognition of "National Catholic Daughters of the Americas Day." 4. Update on previous concerns addressing an animal cruelty case and announcement of upcoming community meetings. c. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: September 7, 2005 September 20, 2005 (Special Meeting) 2. Approval of Warrants, Register September 14 through September 27, 2005, and Payroll ending September 27, 2005 for the total amount of $8,152,260.33. CITY COUNCIL AGENDA OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 2 ~,RANcHO HALL, 10500 Civic CENTER DRIVE UCAMONGA 3. Approval of a Resolution in support of the Freedom Flame Sculpture 27 and approval of Central Park as the location of the West Coast Memorial Sculpture. RESOLUTION NO. 05-279 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING CENTRAL PARK AS THE FUTURE LOCATION FOR THE FREEDOM FLAME SCULPTURE 4. Approval of plans and specifications for roof repairs to the Rancho Cucamonga Animal Shelter in the amount of $10,000 funded from 29 Acct. No. 1025001-5602 (Capital Reserve), and authorize the advertising of the "Notice Inviting Bids" as approved in the FY 05/06 budget. RESOLUTION NO. 05-280 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR ROOF REPAIRS TO THE RANCHO CUCAMONGA ANIMAL SHELTER AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval for the purchase of one (1) graffiti removal vehicle from Dispensing Technology Corporation in the amount of $100,673.60 and 34 authorization to appropriate $100,673.60 into Acct. Nos. 1244-302- 5604 (Capital Outlay Vehicles) and 1244-000-4740 (Grant Income) in the Code Enforcement Grant Program Fund. 6. Approval of the Annexation to Landscape Maintenance District Nos. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 8198 36 Avenida Vejar located on the north side of Avenida Vejar east of Grove Avenue, submitted by Dario and Socorro Luna. RESOLUTION NO. 05-281 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 8198 AVENIDA VEJAR (APN: 0207-161-09) 7. Approval of the Annexation to Landscape Maintenance District Nos. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10117 26th 46 Street, located on the south side of 26th Street, east of Hermosa Avenue, submitted by John and Monica Padilla CITY COUNCIL AGENDA OCTOBER $, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS~ CITY 3 ~.~,~NCHO HALL, 10500 Civic CENTER DRIVE UCAMONGA RESOLUTION NO. 05-282 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 10117 26TM STREET (APN: 0209-101-02) 8. Approval of Drainage Reimbursements for the Etiwanda Area Master 55 Plan for FY 2004/2005 and appropriation of $132,478.00 to Acct. No. 1116303-5650/1026116-0. 9. Approval of Drainage Reimbursements for the General City Area 56 Master Plan and SANBAG Contract No. 03-036 for FY 2004/2005 and appropriation of $42,950.00 to Acct. No. 1112303-5650/1026112-0. 10. Approval of Improvement Agreement and Improvement Security for Public Street Improvements and Ordering the Annexation to 58 landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Development Review Project DRC2003-01174, located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue, submitted by HD Rancho Cucamonga Associates, bP. RESOLUTION NO. 05-283 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2003-01174 RESOLUTION NO. 05-284 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2003-01174 11. Approval of Map, Improvement Agreement, Improvement Security and 68 Ordering the Annexation to Landscape Maintenance Distdct No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2004- 00428, located on the south side of 8th Street, east of Hellman Avenue, submitted by Oakmont Rancho 8th Street, LLC. CITY COUNCIL AGENDA OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY ~uWCHO HALL, 10500 Civic CENTER DRIVE ~UC,~qONO^ RESOLUTION NO. 05-285 71 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-00428 RESOLUTION NO. 05-286 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004-00428 12. Approval of Map, Improvement Agreement, Improvement Security and 80 Ordering the Annexation to landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 16644, located on the west side of Beryl Street between Cielito and Mignonette, submitted by Rancho Montecito Holdings, LLC. RESOLUTION NO. 05-287 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16644, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 05-288 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16644 13. Approval of the bids received and award and authorize the execution of the contract in the amount of $235,100.00 to the apparent Iow 92 bidder, A// American Aspha/t (CO 05-091), and authorize the expenditure of a 10% contingency in the amount of $23,510.00 for the Base Line Road Pavement Rehabilitation from Hermosa Avenue to Valencia Avenue, to be funded from Measure 'T' funds, Acct. No. 11763035650/1469176-0 and appropriate $5,000.00 to supplement construction survey and soils/materials testing to Acct. No. 11763035650/1469176-0 from Measure 'T' fund balance. CITY COUNCIL AGENDA OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD In THE COUNCIL CHAMBERS, CITY ¢,a cao HALL, 10500 Civic CENTER DRIVE UCAMONG^ 14. Approval of an Agreement with Joan Branin, Ph.D. and Harriet 98 Aronow, Ph.D (CO 05-092) to conduct a Senior Transportation Needs Assessment and approval to appropriate and authorize funding for the study in the amount of $18,200, to be funded from Acct. No. 1250401- 5300/5005180-1640. 15. Approval to accept the bids received and award and authorize the 101 execution of the contract in the amount of $345,086.00 to the apparent Iow bidder, R.J. Noble Company (CO 05-093), and authorize the expenditure of a 10% contingency in the amount of $34,508.60 for the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19t~ Street, to be funded from Transportation funds, Acct. No. 11243035650/1371124-0 and appropriate $400,000.00 (contract award of $345,086.00 plus 10% contingency in the amount of $34,508.60, plus construction survey and soils/materials testing in the amount of $20,405.40) to Acct. No. 11243035650/1371124-0 from Transportation fund balance. 16. Approval of a License Agreement betweer~ the City of Rancho 107 Cucamonga and the San Bemardino Associated Governments (SANBAG) (CO 05-094) for the underground crossing of 48" RCP storm drain and laterals, located in Haven Avenue easterly of Dakota Avenue [n the City of Rancho Cucamonga on the Baldwin Park Branch at Mile Post 523.91. RESOLUTION NO. 05-289 109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNDERGROUND CROSSING OF 48" RCP STORM DRAIN AND LATERALS, LOCATED IN HAVEN AVENUE EASTERLY OF DAKOTA AVENUE IN THE CITY OF RANCHO CUCAMONGA ON THE BALDWIN PARK BRANCH AT MILE POST 523.91 17. Approval of Improvement Agreement Extension for Tract 16335, 110 located on the east side of East Avenue, north of Base Line Road, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-290 A RESOLUTION OF THE CITY COUNCIL OF 113 THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16335 CITY COUNCIL AGENDA OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS~ CITY 6 ~,R,,a~cHo HALL, 10500 Civic CENTER DRIVE UCAMONGA 18. Approval of Improvement Agreement Extension for Tract 16421, 114 located on the south side of Wilson Avenue between Hermosa Avenue and Mayberry Street, submitted by Shone and Sherry Wang. RESOLUTION NO. 05-291 A RESOLUTION OF THE CITY COUNCIL OF 117 THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND iMPROVEMENT SECURITY FOR TRACT 16421 19. Approval to accept the Rancho Cucamonga Central Park Landscape 1 18 and Irrigation Project from American Landscape Companies, as complete, authorize the filing of a Notice of Completion, release the Faithful Performance Bond and accept the Maintenance Bond; and authorization to negotiate an agreement settlement to close the contract. RESOLUTION NO. 05-292 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA CENTRAL PARK LANDSCAPE AND IRRIGATION PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No items Submitted. , CITY COUNCIL AGENDA OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY (~[~CHO HALL, '~0500 Civic CENTER DRIVE UCAMONGA F. ADVERTISED PUBLIC HEARINGS l The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF APPEAL OF PLANNING COMMISSION 121 DECISION AMENDING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 94-01 AND ENTERTAINMENT PERMIT 91-03 FOR MARGARITA BEACH, LOCATED AT 9950 FOOTHILL BOULEVARD - APN: 1077-621-34 (CONTINUED BY THE CITY COUNCIL TO NOVEMBER 2, 2005, IN ORDER TO ALLOW THE APPELLANT TO PREPARE.) ~. PUBLIC HEAR1NGS l The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS ] The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONDITIONALLY '122 AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE (CO 05-095/ BY ADELPHIA CABLEVISION OF INLAND EMPIRE, LLC TO TIME WARNER NY CABLE LLG, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE RESOLUTION NO. 05-293 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY ADELPHIA CABLEVlSION OF INLAND EMPIRE, LLC, TO TIME WARNER NY CABLE LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE, INC. CITY COUNCIL AGENDA OCTOBER 5, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 8 ~,RANcHO HALL, 10500 CIVIC CENTER DRIVE tlCAMONGA 2. APPROVAL OF VOTING RECOMMENDATIONS FOR THE 187 LEAGUE OF CALIFORNIA CITIES ANNUAL LEAGUE CONFERENCE RESOLUTIONS I I. COUNCIL BUSINESS ] lhe 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. DISCUSSION on RECOMMENDATION TO VOTING DELEGATE 215 POSITION FOR THE PROSPECTIVE ACTION BY THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY DISCUSSION AT ITS ANNUAL CONFERENCE CONCERNING THE LEAGUE'S POSITION ON "PROPOSITION 76 - STATE SPENDING AND SCHOOL FUNDING LIMITS" (ALSO KNOWN AS THE "LIVE WITHIN OUR MEANS" MEASURE) 2. LEGISLATIVE UPDATE (Oral Report) 3. CONSIDERATION OF LIBRARY SUBCOMMITTEE'S RECOMMENDATIONS FOR APPOINTEES TO THE LIBRARY 217 FOUNDATION BOARD 4. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) J. ADJOURNMENT 1 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 September 29, 2005, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. September 7, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting II ^. I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 7, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:10 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sam Davis, Information Systems Specialist; Ingrid Bruce, GIS/Special Districts Supervisor; Joe O'Neil, City Engineer; Karen McGuire-Emery, Sr. Park Planner; Mike TenEyck, Administrative Resource Manager; Dan Coleman, Interim City Planner; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS I No announcements/presentations were made. II c. PUBLIC COMMUNICATIONS I Cl. Jim Townsend stated he is representing Rancho Cucamonga Firefighters tonight and commented on their Fire and Dice event to take place September 24. He stated the Mark Christopher Golf Classic will also be coming up within the next week and that the fire fighters will be marshalling the 9th hole. He stated in January of this year they presented information indicating that the fire department was lacking in various areas. He stated a strategic plan has been presented and that they have requested the funding sources be identified for the changes that are needed as listed in the strategic plan. He stated the Fire District provides the highest quality services to the community and will continue to do so. He stated they would like to have a construction schedule for the new stations that are needed. C2. Hilda Phillips stated she is part of In Home Special Services for people that need aid. She commented on Nicole Myerchin's efforts that were brought up under the Redevelopment Agency agenda. She said she wants to help the seniors however she can. C3. Steven Wagner, with the Mark Christopher Golf Classic, stated they are working hard on the upcoming tournament, which will be televised. He thanked the Council for their support. He stated this would be a first class event. Mr. Wagner stated this tournament started six years ago, and they have come a long way. He stated they are very proud of this event. He stated they would be giving over $1,000,000 to charity this year, including the Katrina victims. City Council Minutes September 7, 2005 Page 2 C4. Bob Visconti, Public Affairs Manager with the Gas Company, stated people know'Bob Cruz from the past as the Public Affairs Manager, but that he will be moving to a different area of the company. He stated he would now be representing Rancho Cucamonga and Fontana. He stated he is delighted to be here and is looking forward to working with everyone. C5. Frank Usher stated REI is inviting everyone to a volunteer service project on September 24 from 8:00 a.m. - 2:00 p.m. at the Lytle Creek Ranger Station, the San Bernardino National Forest. He told what would take place at the event. He invited everyone to participate. He stated they do need volunteers. He stated they would be doing these types of events quarterly. He felt this would be giving something back to the community by doing this. C6. Peter Bryan stated on behalf of the Police and Fire Departments they will be hosting a 9-11 memorial this Sunday from 8:30 to 9:00 a.m. at City Hall. He invited everyone to attend this event. Councilmember Spagnolo stated Bill Spade, a fireman from New York, will be at this event and has quite a story to tell about what happened on 9-11. He stated the Freedom's Flame organization will also be there and will be displaying the fire truck and steel from the 9-11 disaster. C7. Alan Hostetter stated he is very proud to live in Rancho Cucamonga, and felt it is a model City in which to live. He stated he represents residents around the 19th, Fairmont and Milliken Street areas. He stated they do not want to have Highland re-opened. He stated his group of residents formed after Councilmember Gutierrez had a neighborhood meeting in August. He stated Rex told them it might be difficult to close Highland because of a potential lawsuit with the Albertson's at Kenyon and Milliken. He stated they did check into this and there was no lawsuit flied. He stated this misstatement of Albertson's position has caused them to wonder what is happening. He stated they want to keep Highland closed because they felt it would negatively impact their quality of life. He asked to be kept informed whenever there are discussions about this. He also asked that this area be kept clean and monitored by law enforcement. Councilmember Gutierrez stated he did make a misstatement during this community meeting about the possibility of litigation with Albertson's. He stated this is not the case. He stated he felt it was the owner of the center that was complaining about this remaining closed. He stated this issue would come up by the end of the year because of a study that is being done. C8. Gary Lacy, Jennet Street, stated on August 3rd he presented two agenda items to be implemented to better serve the community. He stated the first one was a protocol matter for Council meetings. He stated the second agenda item is the selection of an unbiased panel that have no affiliation with anyone at City Hall to discuss all aspects of public safety including the strategic plan. He felt fire department personnel and their local union should stay out of local politics. He felt the unbiased citizenry should have input. He stated he is still looking for an apology from Bill McCliman 5ecause of false statements directed at him. He felt the City should write a letter to Mr. McCliman asking him to apologize to him and also the City of Rancho Cucamonga for his slanderous statements. He also felt the City should put in a litter to Mr. McCliman demanding a correction or explanation to his public statement indicating he knew that the fire strategic plan was a good plan, which would indicate he had former knowledge of its content before the plan was revealed publicly. He felt Mr. Townsend should apologize for the misstatement he made in the newspaper about response times. C9. Chris Kuzinski, Marble Avenue, didn't know what Mr. Lacy was talking about regarding apologies, etc. but felt they need a fire station up in his area. He stated he had talked to Councilmember Gutierrez about this when he ran for election in the past, and added that he voted for him, but would not vote for him again. He felt the City Council has a responsibility to the community. He hoped the Council would get on the ball because he felt the funding and resources are there to do this. City Council Minutes September 7, 2005 Page 3 C10. John Lyons, Etiwanda area, thanked the City for the great event when President Bush was here. He stated it was an honor to have the President in Rancho Cucamonga. He stated he was impressed with Councilmember Gutierrez's confession tonight. He felt the people that live near the Colonies project are in danger of flooding and felt the area should be kept open space and not developed. Cll. Nicole Myerchin asked that Consent Calendar item No. 5 be removed for discussion. She mentioned Mr. Lacy's comments and felt the staff report was very accurate. She asked when the meeting with Mr. Winograd would be held to discuss his report. She stated the public would love some input and that she has some great concern. She commented on the information Mr. Winograd presented regarding the Director's position and felt this should be looked at regionally. She had various questions about what was written in Mr. Winograd's report. C12. Bill McCliman thanked the Mayor and Jack for a senior citizen issue that he brought to the Council at a previous meeting. He also commented on the Concerts in the Park and great event it was. He wondered if the City was prepared for the big one or huge earthquake. He asked if there were the personnel in fire and police to respond to this to take care of the community. He felt the strategic plan should be adopted and more safety personnel hired in case the big one hits. He didn't realize that what he had to say was so important as identified by Mr. Lacy. He stated everyone has the right to voice opinions and say what they want, and felt this should be protected. C13. Leslie Grimes stated she does like responsible development, but felt what the Colonies project did in the Cucamonga Creek area is wrong. She felt any development in the Deer Creek Basin is wrong because they are flood control areas. She stated it is unsafe to build there. She stated people in New Orleans have died because the levy broke. She did not want to see this in our City. She asked that this area be protected and not put the people in danger. She asked people to do the right thing. C14. Matt Jones felt there is a lot that needs to be corrected because of what happened in the south. He stated people died because the officials did nothing. He stated the City failed to act because they knew the situation they were in. C15. Alan Randall on Charleston Street stated he attended the neighborhood meeting that Councilmember Gutierrez held, and felt it was not a very good scene. He mentioned comments made to him by Councilmember Gutierrez about the possible litigation. James Markman stated anyone can address the Council, and all they have to do is identify themselves. He stated they are not required to give an address. He stated everyone has a first amendment right at Council meetings. He stated if there is slander going on between two citizens, the City couldn't do anything about this. Mayor Alexander felt people do have the right to free speech, including at Council meetings. C16 Madhu S. Mohanty - Request for the City of Rancho Cucamonga to consider subsidizing Metrolink commuters. Not present. I[ D. CoNsENT [ D1. Approval of Minutes: June 6, 2005 (Joint Mtg.) August 15, 2005 (Special Mtg.) August 17, 2005 August 23, 2005 (Special Mtg.) City Council Minutes September 7, 2005 Page 4 D2. Approval of Warrants, Register 8/10/2005 through 8/30/05 and Payroll ending 8/30/05, for the total amount of $7,833,001.00. D3. Approval to appropriate $60,112 from Community Development Technical Services Fund (AB 1600) into Acct. No. 1016301-5300 to fund temporary personnel as a result of increased demands for service from support personnel due to new development in the City. D4. Approval to appropriate $52,000 from the Community Development Technical Services Fund (AB 1600) into Acct. No. 1016301-5300 to fund temporary personnel due to increased demands for GIS services in public safety due to new development in the City. D5. Approval of one time support from the County o¢ San Bernardino in the amount of $300,000 for the library portion of the Victoria Gardens Cultural Center Project into Acct. No. 1312000-4740 and approval of a budget appropriation in the amount of $300,000 into Acct. No. 1312602-5650/1357312-6314. REMOVED FOR DISCUSSION BY NICOLE MYERCHIN. D6. Approval of a Public Convenience and Necessity, DRC2005-00842 - 7-Eleven, Inc., for a Type 20 off-sale beer and wine license for a convenience store in the Industrial Park District, located on the northwest corner of Haven Avenue and Sixth Street - APN: 0209-262-19 and 20. RESOLUTION NO. 05-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND SIXTH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF; APN: 0209-262-19 AND 20 D7. Approval of the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for 7066 Etiwanda Avenue, located on the west side of Etiwanda Avenue between Base Line Road and Victoria, submitted by Stevie and Cynthia Bullington. RESOLUTION NO. 05-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR 7066 ETIWANDA AVENUE (APN: 1089-071-25) DS. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10253 24th Street, located on the south side of 24th Street east of Hermosa Avenue, submitted by Martin A. Gonzalez. RESOLUTION NO. 05-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 10253 24TM STREET (APN: 0209-112-08) City Council Minutes September 7, 2005 Page 5 D9. Approval of Improvement Agreement, Improvement Securities, Maintenance Agreement and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance Districts Nos. 1 and 7 for Rancho Etiwanda Estates infrastructure (Tentative Tracts 16226 and 16227), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 05-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 05-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAII~TENANCE AGREEMENT AND LICENSE FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 05-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) D10. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 16227, located at the northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by K. Hovnanian at Rancho Etiwanda, LLC.. RESOLUTION NO. 05-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 05-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16227 Dll. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 16227-1, located on the north side of Day Creek Boulevard west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. City Council Minutes September 7, 2005 Page 6 RESOLUTION NO. 05-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHQ CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO.05-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP NUMBER 16227-1 D12. Approval of Amendment No. 3 to City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement for a Plan of Cooperative Action for Economic Development (CO 99-066/RA 99-017). D13. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $153,781.00 to the apparent Iow bidder, CS Legacy Construction, Inc. (CO 05-082), and authorize the expenditure of a 10% contingency in the amount of $15,378.10, for the Victoria Gardens Lane Median Island Rockscape Improvements from Day Creek Boulevard to Church Street, to be funded from CFD 2003-01 funds, Acct. No. 16143035650/1442614-0 and appropriate $169,159.10 (contract award of $153,781.00 plus 10% contingency in the amount of $15,378.10) to Acct. No. 16143035650/1442614-0 from CFD 2003-01 fund balance. D14. Approval of a Resolution and a Cooperative Agreement between the City of Rancho Cucamonga and the State of California (CO 05-083) for the improvement of the northbound 1-15 Freeway off-ramp at Foothill Boulevard. RESOLUTION NO. 05-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA D15. Approval of Improvement Agreement Extension for Tract 16454, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454 D16. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for PM 15665, located at 6th Street and Santa Anita Avenue, submitted by Paragon Santa Anita, LLC. RESOLUTION NO. 05-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15665 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes September 7, 2005 Page 7 D17. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for PM 16118, located on the east side of Charles Smith Avenue and south of San Marino Drive, submitted by RSCS, LLC. RESOLUTION NO. 05-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 16118 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK O18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16237, located on the south side of Wilson Avenue, approximately 200 feet west of Haven Avenue, submitted by Stonebridge Rancho Cucamonga, LLC. RESOLUTION NO. 05-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16237 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to accept Storm Drain Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for storm drain improvements for PM 16245 (storm drain), located at the northwest corner of 4~h Street and Milliken Avenue, submitted by Jefferson on Fourth, L.P. RESOLUTION NO. 05-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC STORM DRAIN IMPROVEMENTS FOR PM 16245 (STORM DRAIN) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16615, located on the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Standard Pacific / Victoria Arbors, LLC. RESOLUTION NO. 05-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16615 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept the Traffic Signals and Safety Lighting at the intersection of Victoria Street and Etiwanda Avenue, Contract No. 03-133 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $153,900.00. RESOLUTION NO. 05-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF VICTORIA STREET AND ETIWANDA AVENUE, CONTRACT NO. 03-133 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes September 7, 2005 Page 8 D22. Approval to release the Faithful Performance Bond No. 08658613 in the amount of $278,938.00 for the Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue, Contract No. 04-001. D23. Approval to release the Faithful Performance Bond No. 837663P in the amount of $74,236.21 for the Beryl Community Trail from Hillside Road to north of Almond Street, Contract No. 04-022. D24. Approval to accept the traffic signals and safety lighting at Los Osos High School, Contract No. 04- 028 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $194,424.00. RESOLUTION NO. 05-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT LOS OSOS HIGH SCHOOL, CONTRACT NO. 04-028, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item D5. Motion carried unanimously 5-0 DISCUSSION OF ITEM 5 AS REQUESTED BY NICOLE MYERCHIN. Approval of one time support from the County of San Bernardino in the amount of $300,000 for the library portion of the Victoria Gardens Cultural Center Project into Acct. No. 1312000-4740 and approval of a budget appropriation in the amount of $300,000 into Acct. No. 1312602-5650/1357312-6314. A staff report was presented by Jack Lam, City Manager. Nicole Myerchin asked why we were going to take $300,000 from the County this evening when we are going to give back to them this amount in attrition costs for the shelter takeover. Jack Lam, City Manager, stated this was $300,000 in grant funds. Ms. Myerchin felt this was strange when we are gong to pay them back this money in attrition costs. Jack Lam, City Manager, stated these are different things or separate issues. Coucilmember Michael talked about the grant monies the County has given to the City and thanked Supervisor Biane for his help. MOTION: Moved by Michael, seconded by Williams to approve the staff recommendation in Item D5. Motion carried unanimously 5-0. II I No items submitted. City Council Minutes September 7, 2005 Page 9 I] F. ADVERTISED PUBLIC HEARINGS I Fl. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff repod was presented by Mike TenEyck, Administrative Resource Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 05-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Spagnolo, seconded by Michael to approve Resolution No. 05-265. Motion carried unanimously 5-0. II ~. PUBLIC HEARINGS I · No items submitted. No items submitted. II ~. CouNciL BUSINESS I I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael felt a letter should be generated to Albertson's that we appreciate them being in the City and want them in our community. He stated people have asked if we are prepared for the big one, and felt California has the premier mutual aid system in the Country in case there is a disaster. He stated he is very proud to be representing the City because of all of the wonderful things going on here. He stated the staff did a great job when President Bush visited last week and commended everyone for all their work. City Council Minutes September 7, 2005 Page 10 Councilmember Williams encouraged all bicycle enthusiasts to attend the meeting to be held at the new community center to discuss the pacific electric trail. She stated the legislature is ready to recess. She talked about all the bills that our lobbyist and City staff are monitoring. She mentioned the President and Laura Bush were here, and stated she was sorry to have missed it, but heard everything went beautifully. She stated there was even a picture in the Tacoma Newspaper where she was at the time. Councilmember Gutierrez stated he appreciated the people from our community that have come forward to help those in the south. He felt it would be a great idea to send a letter to Albertson's as suggested by Councilmember Michael. He commented on the man that said he had promised him a fire station, and added the City Council cannot always do what they would like to. He commended Mr. Lacy for using his right to free speech. Councilmember Spagnolo stated people always need to be prepared for any disaster, and that people need to know what to do because you cannot always rely on the City for help. He stated the schools, the City, Police and Fire Departments all have emergency plans and that all the residents need to have emergency plans as well. He stated on September 1 Ron Ives was honored after losing his life last year, and stated there is a plaque of him in the courtyard at the Civic Center complex. Mayor Alexander encouraged people to help those from the south. He stated we are looking for ways the City can provide direct aid. He mentioned the 9-11 ceremony to be held Sunday at 8:30 a.m. at City Hall. He stated he has problems with the comments made by Mr. Lacy in his letter. 12. CONSIDERATION OF PROPOSAL FOR THE FREEDQM'S FLAME MEM©RIAL TO BE LOCATED AT CENTRAL PARK (CONTINUED FROM JULY 6, 2005) Mayor Alexander announced this item was inadvertently placed on this agenda, but that it would return at the September 21 meeting for discussion. 13. C©NSIDERATION OF 'FVVO JOINT COMMUNITY FACILITY AGREEMENTS WITH ETIWANDA SCHQOL DISTRICT (CO 05-084 & CO 05-085) A staff report was presented by Ingrid Bruce, GIS Supervisor. Councilmember Michael commented on the goals that the Council adopted regarding community facilities districts (CFD's) and wanted to make sure the Etiwanda School District has complied with all of these. Ingrid Bruce, GIS/Special Districts Supervisor, stated yes. Mayor Alexander asked the City Manager if there is any negative to this. Jack Lam, City Manager, stated current standards have been met on the City's part and that it is up to the Council which action they take, but that the School District has met all the standards. Councilmember Spagnolo stated he has a problem with the School District taking the lead on this. Councilmember Michael asked what the School District is asking for. Ingrid Bruce, GIS/Special Districts Supervisor, stated $5,000,000+. Councilmember Michael stated he does not disagree with what Councilmember Spagnolo stated, but that he is conflicted with this. He stated he might approve this one, but felt the City has managed CFD's very well in the past on their own. He felt we should maintain good relations with the School District and consider approving this one, but wasn't sure about any for the future. City Council Minutes September 7, 2005 Page 11 Mayor Alexander stated the relinquishment bothers him a lot and felt this might be taking a step in the wrong direction. Councilmember Williams asked how we fix it to make us the lead agency. Ingrid Bruce, GIS/Special Districts Supervisor, didn't think we could fix this one, but not enter into anymore of these in the future. Councilmember Spagnole asked what would happen if the City does not approve this. Ingrid Bruce, GIS/Special Districts Supervisor, stated they can still move ahead with the CFD. Councilmember Michael felt if this is not approved, the City could go back and establish our own CFD. He felt in the future we should not enter into any joint CFD's and that we should run our own show. Mayor Alexander opened the meeting fer public input. Addressing the City Council was: John Lyons asked what would happen to the CFD if all School Districts unified. Ingrid Bruce, GIS/Special Districts Supervisor, stated that whomever took over all of the School Districts would take over the CFD. There being no further input, public comments were closed. RESOLUTION NO. 05-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF TWO JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE ETIWANDA SCHOOL DISTRICT PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 MOTION: Moved by Michael, seconded by Gutierrez to approve the first recommendation (Resolution No. 05-266). Motion carried 4-1 (Spagnolo voted no). 14. CONSIDERATION OF AMENDMENTS TO EXISTING CONTRACTS WITH THE COUNTY OF SAN BERNARDINO - Amendment No. 1 to San Bernardine County Contract No. 96-872 (CO 96-047) for animal control services, and Amendment No. 1 to San Bernardino County Contract No. 01-869 (CO 96- 048) for animal shelter services. A staff report was presented by Pamela Easter, Deputy City Manager. Councilmember Gutierrez stated he would like to hear from Nathan Winograd of No Kill Solutions on the City taking over the facility. Mr. Winograd, No Kill Solutions, stated it usually takes about a year to do this, which is an ideal timeframe. He felt the suggested April 30 date is going to be a challenge, but that it is better than January 31. Councilmember Gutierrez questioned the 5-day hold on animals required by the Hayden law. Councilmember Michael asked if there could be a 30-day hold. Mr. Winograd, No Kill Solutions, suggested that first of all there be an architect familiar with designing shelters. He continued talking about what is required in the design in order to be able to do this. He did not think there should be a flat rule of 30 days because of the sick animals that could be at the shelter there, but that this should apply to the animals that are well and adoptable. City Council Minutes September 7, 2005 Page 12 Mayor Alexander stated the 30-day hold was put in place because of how the County was handling the shelter with regards to the animals. He asked if there are laws broken are we going to enforce them. Jim Markman, City Attorney, stated any felony or penal code violation would be handled the way any other violation of this nature would be handled. Mr. Winograd, No Kill Solutions, felt the Council is on the right track with the 30-day hold. He felt the conditions would improve at the shelter once the City takes over. He hoped things would continue to improve until the City takes over. Mayor Alexander stated he has witnessed things at the shelter that he does not like with regards to how the animals are treated. Mr. Winograd, No Kill Solutions, stated this would not happen in the City's shelter. Mayor Alexander stated he likes the idea of veterinary service at the shelter to look after the animals. Councilmember Michael asked about the responsibilities of the Vet Technicians. Pamela Easter, Deputy City Manager, stated they would be given instruction by the Veterinarian on what to do with the animals if they needed something. Mr. Winograd, No Kill Solutions, felt doing this would be the most cost effective way to get to a "no kill shelter." Jack Lam, City Manger, stated he would like to comment on Nicole Myerchin's previous comments about the salary for the Director position. He told how positions are benchmarked and are comparable to the market place. He stated salaries are not made up, that they are benchmarked. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Nicole Myerchin read information from current County contracts. She felt we were throwing out more money for less service than what we are currently getting. She continued to talk about how poor the animal shelter is run. She stated she is appalled over this. She did not think Paul Biane is looking out for us based on how this thing is being handled. She commented on the duties of the Vet Tech and their level of responsibility. She commented on the salary of the Director and did not agree with how the City is establishing this. She felt instead of giving the money to the County, there were other things the City needs to use this money for. John Lyons felt the County contract should be terminated tonight and let Mark Salazar and Alison Rowlen of Code Enforcement run the animal control services. He felt Nicole should be made the Director. A lady (did not identify herself) asked if there is a study session scheduled soon. Pamela Easter, Deputy City Manager, stated they are looking at scheduling this in early October. Pamela Easter, Deputy City Manager, commented that the 30-day hold means to hold animals as long as they can to encourage adoption. She read from the agreement that indicates this. The lady (who did not identify herself) thanked everyone for their attention to this issue. She thanked Nathan also for his hard work. She hoped there are no political games going on with this transition. Leslie Grimes commented on holding animals and asked what the time would be according to state law. James Markman, City Attorney, stated it is done per the Agricultural Code. City Council Minutes September 7, 2005 Page 13 Mr. Winograd, No Kill Solutions, stated a dog would get a minimum of 4 days after the day it is impounded. Bill McCliman felt the 30-day hold was already voted on. He didn't understand how the County c.an say no to anything the City wants to do pertaining to the shelter. James Markman, City Attorney, commented on the negotiation process to get the best deal it can. Bill McCliman asked that the report identify in easier terms what the County is going to receive. Elton Ceury stated he has been following this issue very closely. He felt progress is being made towards a no kill shelter. There being ne further public input, public comments were closed. Mayor Alexander stated Supervisor Biane does have a representative here taking notes on things being done. Councilmember Spagnole stated Mr. Winograd's report shows us why we can't move any faster than April 30. He stated staff is really being pushed to get a good Director for the shelter. He stated this is a tough situation. He stated this isn't where we want to be, but that is where we are. He stated he appreciates Mr. Winograd's report. He stated it won't be a no kill shelter on the first day, but we will work towards that. Mayor Alexander felt there was a little play in the Director's salary. He stated he didn't agree with it and everything that is being proposed, but hoped the County Supervisor's office would check out what is going on with County staff at the shelter. MOTION: Moved by Alexander to adopt staff's recommendation. Councilmember Michael stated he is not 100% in favor of the proposal. He asked that there be a process adopted for this attrition aspect. He encouraged the County to keep the shelter as full as possible. He wished everyone will work together. Seconded by Michael to approve staff's recommendation. Councilmember Gutierrez stated he agreed with the majority of what has been proposed. He stated Mr. Winograd has been hired by the City and he has put a let of time into this. He felt Mr. Winograd knew what he was doing. Councilmember Williams felt efforts were being made regarding adoptability, and that we should continue working with the rescue groups. Mayor Alexander encouraged his fellow City Councilmembers to check out the shelter periodically to see what is going on. Motion carried unanimously 5-0. 15. LEGISLATIVE UPDATE (Oral Report) This was done during Council comments by Councilmember Williams. City Council Minutes September 7, 2005 Page 14 ]1 J. ADJOURNMENT ] MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:10 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * September 20, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meetinq A special meeting of the Rancho Cucamonga City Council was held on Tuesday, September 20, 2005, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 4:00 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager and Dr. Bill Mathis, Facilitator B. ANNOUNCEMENT OF CLOSED SESSION ITEM Mayor Alexander announced the closed session item. I[ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM I No communication was made from the public. II D. CONDUCT OF CLOSED SESSION D1. PERFORMANCE EVALUATION OF CITY MANAGER PER GOVERNMENT CODE SECTION 54957. D2. CONFERENCE WITH LABOR NEGOTIATOR (DR. BILL MATHIS) FOR ONE UNREPRESENTED EMPLOYEE - CITY MANAGER - PER GOVERNMENT CODE SECTION 54957.6A. Special City Council Closed Session Minutes September 20, 2005 Page 2 The meeting adjourned at 4:35 p.m. with the following actions taken: MOTION: Moved by Williams, seconded by Michael to modify the City Manager's Contract (CO 89-037) to provide for a one-year termination severance. Motion carried 3-2 (Alexander and Spagnolo voted no). MOTION: Moved by Williams, seconded by Michael to approve amendment No. 5 to the City Manager's Employment Contract (CO 89-037). Motion carried unanimously 5-0. Respectfully submitted, Debra J. Adams, CMC City Clerk/Records Manager Approved: CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227643 9/14/2005 A AND A AUTOMOTIVE 778.20 AP - 00227644 9/14/2005 A AND K 30 MIN PHOTO LAB INC 43.95 AP- 00227645 9/14/2005 A AND R TIRE SERVICE 1,103.76 AP - 00227645 9/14/2005 A AND R TIRE SERVICE 10,778.69 AP - 00227646 9/14/2005 AA EQUIPMENT 391.40 AP - 00227646 9/14/2005 AA EQUIPMENT 23.66 AP - 00227646 9/14/2005 AA EQUIPMENT 129.13 AP ~ 00227647 9/14/2005 ABC LOCKSMITHS 21.01 AP- 00227648 9/14/2005 ABLAC 16.39 AP - 00227649 9/14/2005 ABLETRONICS 11.57 AP- 00227649 9/14/2005 ABLETRONICS 25.12 AP- 00227650 9/14/2005 ADAMSON, RONALD 858.00 AP-00227651 9/14/2005 AFLAC 14.86 AP - 00227653 9/14/2005 AIM ALL STORAGE 210 LLC 5,000.00 AP - 00227653 9/14/2005 AIM ALL STORAGE 210 LLC 15,000.00 AP - 00227654 9/14/2005 AIM ALL STORAGE 210 LLC 10,000.00 AP - 00227654 9/14/2005 AIM ALL STORAGE 210 LLC 10,000.00 AP - 00227657 9/14/2005 ALTA FIRE EQUIPMENT CO 205.26 AP- 00227658 9/14/2005 AMAZON.COM CREDIT 307.85 AP - 00227659 9/14/2005 AMERICAN CLASSIC SANITATION INC. 132.71 AP - 00227660 9/14/2005 AMPHASTAR PHARMACEUTICALS INC 334.00 AP- 00227661 9/14/2005 ANAHEIM, CITY OF 295,923.36 AP- 00227662 9/14/2005 ARROWHEAD CREDIT UNION 438.13 AP - 00227662 9/14/2005 ARROWHEAD CREDIT UNION 73.81 AP - 00227662 9/14/2005 ARROWHEAD CREDIT UNION 222.28 AP 00227662 9/14/2005 ARROWHEAD CREDIT UNION 21.79 AP 00227662 9/14/2005 ARROWHEAD CREDIT UNION 100.00 AP 00227662 9/14/2005 ARROWHEAD CREDIT UNION 25.00 AP 00227663 9/14/2005 ASTRUM UTILITY SERVICES 5,220.00 AP 00227663 9/14/2005 ASTRUM UTILITY SERVICES 7,380.00 AP 00227663 9/14/2005 ASTRUM UTILITY SERVICES 10,214.40 AP- 00227663 9/14/2005 ASTRUM UTILITY SERVICES 6,390.00 AP-00227664 9/14/2005 AUDIO EDITIONS 8.58 AP- 00227665 9/14/2005 AUTO BODY 2000 675.69 AP- 00227666 9/14/2005 AUTO SPECIALISTS 29.95 AP- 00227666 9/14/2005 AUTO SPECIALISTS 29.95 AP- 00227666 9/14/2005 AUTO SPECIALISTS 29.95 AP-00227666 9/14/2005 AUTO SPECIALISTS 52.67 AP-00227666 9/14/2005 AUTO SPECIALISTS 29.95 AP- 00227666 9/14/2005 AUTO SPECIALISTS 580.93 AP- 00227666 9/14/2005 AUTO SPECIALISTS 29.95 AP- 00227666 9/14/2005 AUTO SPECIALISTS 29.95 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 123.70 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 648.83 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 622.71 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 507.42 AP- 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 136.82 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 34.29 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 505.08 AP - 00227667 9/14/2005 B AND K ELECTRIC WHOLESALE 507.42 AP - 00227668 9/14/2005 BALDY FIRE AND SAFETY 1,733.24 AP- 00227669 9/14/2005 BASELINE HARDWARE 57.24 AP- 00227669 9/14/2005 BASELINE HARDWARE 102.31 User: KFINCHER - Karen Fincher Page: I Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227670 9/14/2005 BEARD PROVENCHER AND ASSOC 10,080.00 AP- 00227671 9/14/2005 BISHOP COMPANY 154.31 AP- 00227672 9/14/2005 BLIND DECKER PRODUCTIONS 800.00 AP- 00227673 9/14/2005 BLUE OCEAN REALTY INC. 22.50 AP - 00227674 9/14/2005 BOCTOR, ALFRED 70.00 AP- 00227675 9/14/2005 CACE 100.00 AP- 00227675 9/14/2005 CACE 100.00 AP - 00227677 9/14/2005 CAL PERS LONG TERM CARE 231.92 AP- 00227678 9/14/2005 CALIFORNIA, STATE OF 2,521.05 AP- 00227678 9/14/2005 CALIFORNIA, STATE OF 2,163.79 AP - 00227679 9/14/2005 CALIFORNIA, STATE OF 142.18 AP - 00227679 9/14/2005 CALIFORNIA, STATE OF 63.25 AP - 00227679 9/14/2005 CALIFORNIA, STATE OF 144.87 AP - 00227679 9/14/2005 CALIFORNIA, STATE OF 25.25 AP - 00227680 9/14/2005 CALPELRA 440.00 AP 00227681 9/14/2005 CALPELRA 440.00 AP 00227682 9/14/2005 CALSENSE 377.13 AP 00227683 9/14/2005 CAMERON WELDING SUPPLY 29.31 AP 00227683 9/14/2005 CAMERON WELDING SUPPLY 43.96 AP 00227684 9/14/2005 CASK N CLEAVER 68.00 AP 00227685 9/14/2005 CENTRALCIT1ES SIGNS INC 151.12 AP 00227686 9/14/2005 CENTRAL SCHOOL DISTRICT 6,550.00 AP 00227687 9/14/2005 CERTIFIED CARE TRANSMISSION 302.54 AP 00227687 9/14/2005 CERTIFIED CARE TRANSMISSION 788.19 AP - 00227687 9/14/2005 CERTIFIED CARE TRANSMISSION 85.82 AP- 00227687 9/14/2005 CERTIFIED CARE TRANSMISSION 34.85 AP- 00227689 9/14/2005 CHAPIqzY COMMUNITY COLLEGE 3,160.62 AP - 00227690 9/14/2005 CHARTER MEDIA INC. 2~089.60 AP - 00227690 9/14/2005 CHARTER MEDIA INC. 3,008.00 AP- 00227690 9/14/2005 CHARTER MEDIA INC. 1,110.80 AP- 00227691 9/14/2005 CIVIC SOLUTIONS INC 150.00 AP- 00227691 9/14/2005 CIVIC SOLUTIONS INC 12,180.25 AP- 00227691 9/14/2005 CIVIC SOLUTIONS INC 12,325.50 AP - 00227691 9/14/2005 CIVIC SOLUTIONS INC 540.00 AP - 00227691 9/14/2005 CIVIC SOLUTIONS INC 145.25 AP- 00227692 9/14/2005 CLABBY, SANDRA 1,000.00 AP - 00227693 9/14/2005 CLARKE PLUMBING SPECIALTIES INC. 2,180.90 AP- 00227694 9/14/2005 COASTAL BUILDING SERVICES INC 25,886.85 AP- 00227695 9/14/2005 COLTON TRUCK SUPPLY 100.43 AP- 00227695 9/14/2005 COLTON TRUCK SUPPLY 35.40 AP- 00227695 9/14/2005 COLTON TRUCK SUPPLY 72.58 AP- 00227696 9/14/2005 COMMUNITY BANK 172,611.24 AP- 00227696 9/14/2005 COMMUNITY BANK 4,746.14 AP- 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 4,166~32 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 52.58 AP- 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 147.68 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 134.48 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 934.28 AP- 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 391.88 AP- 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 984.68 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRiCT 1,071.08 AP- 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 812.48 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 178.75 User: KEINCHER - Karen Fincher Page: 2 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ""J Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 464.43 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 263.48 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 67.28 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 344.48 AP - 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 136.88 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 399.08 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 36.80 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 248.48 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 253.43 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 815.48 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 416.48 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 148.28 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 3,596.23 AP 00227698 9/14/2005 CUCAMONGAVALLEY WATER DISTRICT 185.48 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 601.28 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 915.08 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 967.88 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 114.08 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 123.68 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 537.68 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 3,485.83 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 3,128.18 AP 00227698 9/14/2005 CUCAMONGA VALLEY WATER DISTRICT 45.38 AP 00227699 9/14/2005 D AND K CONCRETE COMPANY 1,023.63 AP 00227699 9/14/2005 D AND K CONCRETE COMPANY 716.00 AP 00227699 9/14/2005 D AND K CONCRETE COMPANY 626.57 AP 00227699 9/14/2005 D AND K CONCRETE COMPANY 447.71 AP 00227700 9/14/2005 DAN GUERRA AND ASSOCIATES 7,210.00 AP 00227700 9/14/2005 DAN GUERRA AND ASSOCIATES 1,265.00 AP 00227700 9/14/2005 DAN GUERRA AND ASSOCIATES 32,120.00 AP 00227701 9/14/2005 DAPPER TIRE CO 136.13 AP 00227703 9/14/2005 DEEP CREEK CENTER INC. 2,790.00 AP 00227704 9/14/2005 DEER CREEK CAR CARE CENTER 88.00 AP 00227705 9/14/2005 DEL MECHANICAL 160.00 AP-00227705 9/14/2005 DEL MECHANICAL 272.53 AP- 00227706 9/14/2005 DELTAMICROIMAGING INC 813.64 AP- 00227706 9/14/2005 DELTAMICROIMAGING INC 447.46 AP- 00227707 9/14/2005 DEPARTMENT ISSUE INCORPORATED 721.92 AP - 00227708 9/14/2005 DUNN EDWARDS CORPORATION 195.17 AP - 00227708 9/14/2005 DUNN EDWARDS CORPORATION 1,016.43 AP - 00227709 9/14/2005 EBERHARD EQUIPMENT 6,351.86 AP- 00227710 9/14/2005 EMCOR SERVICE 7,393.98 AP- 00227710 9/14/2005 EMCOR SERVICE 1,000.00 AP- 00227711 9/14/2005 ESGIL CORPORATION 44,738.00 AP- 00227711 9/14/2005 ESGILCORPORATION 54,134.18 AP- 00227712 9/14/2005 ESPINO'S COP SHOP INC 135.00 AP- 00227713 9/14/2005 EWlNG IRRIGATION PRODUCTS 42.83 AP- 00227713 9/14/2005 EWlNG IRRIGATION PRODUCTS 646.36 AP-00227715 9/14/2005 EXPERIAN 50.00 AP- 00227715 9/14/2005 EXPERIAN 50.00 AP- 00227716 9/14/2005 EXPRESS BRAKE SUPPLY 95.47 AP- 00227716 9/14/2005 EXPRESS BRAKE SUPPLY 62.25 AP - 00227717 9/14/2005 FAIRFIELD MERITAGE LP 51.00 User: KFINCHER - Karen Fincher Page: 3 Current Date: (J9/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout '~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227718 9/14/2005 FASTENAL COMPANY 16.42 AP - 00227719 9/14/2005 FEDERAL EXPRESS CORP 11.85 AP- 00227719 9/14/2005 FEDERAL EXPRESS CORP 13.82 AP - 00227719 9/14/2005 FEDERAL EXPRESS CORP 11.85 AP - 00227719 9/14/2005 FEDERAL EXPRESS CORP 11.85 AP 00227720 9/14/2005 FILARSKY AND WATT 3,408.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 720.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 912.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 420.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 720.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 720.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 1,239.51 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 702.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 526.50 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 692.25 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 840.00 AP 00227721 9/14/2005 FINESSE PERSONNEL ASSOCIATES 868.00 AP- 00227722 9/14/2005 FIRST PLACE TROPHIES 3,827.39 AP- 00227723 9/14/2005 FOOTHILLLAWNMOWER 353.59 AP-00227723 9/14/2005 FOOTHILLLAWNMOWER 498.77 AP - 00227723 9/14/2005 FOOTHILL LAWNMOWER 120.70 AP - 00227724 9/14/2005 FORD OF UPLAND INC 83.52 AP - 00227726 9/14/2005 GARCIA, VIVIAN 30.78 AP - 00227727 9/14/2005 GRAJNGER 377.23 AP - 00227727 9/14/2005 GRAINGER 47.09 AP- 00227729 9/14/2005 GREEN ROCK POWER EQUIPMENT 112.38 AP - 00227730 9/14/2005 HAAKER EQUIPMENT CO 2,200.96 AP- 00227730 9/14/2005 HAAKEREQUIPMENT CO 121.24 AP- 00227730 9/14/2005 HAAKEREQUIPMENT CO 253.83 AP- 00227731 9/14/2005 HANSON, BARRYE 1,920.00 AP - 00227732 9/14/2005 HARALAMBOS BEVERAGE COMPANY 837.71 AP- 00227733 9/14/2005 HOSE MAN INC 26.72 AP - 00227736 9/14/2005 HYDROSCAPE PRODUCTS INC 165.13 AP - 00227736 9/14/2005 HYDROSCAPE PRODUCTS INC 40.75 AP- 00227737 9/14/2005 IBM CORPORATION 1,808.58 AP- 00227737 9/14/2005 IBM CORPORATION 890.80 AP- 00227737 9/14/2005 IBM CORPORATION 1,301.23 AP- 00227738 9/14/2005 IM HOF, KAREN 5.00 AP- 00227739 9/14/2005 IMAGE SOURCE 93.03 AP - 00227740 9/14/2005 INLAND EMPIRE TOURS AND TRANSPORTATIC 528.00 AP - 00227741 9/14/2005 INLAND FAIR HOUSING AND MEDIATION 1,036.10 AP - 00227741 9/14/2005 INLAND FAIR HOUSING AND MEDIATION 987.93 AP- 00227742 9/14/2005 INTERSTATE BATTERIES 31.17 AP - 00227743 9/14/2005 JOBS AVAILABLE INC 132.60 AP- 00227743 9/14/2005 JOBS AVAILABLE INC 358.02 AP - 00227744 9/14/2005 JOHNSON, DENISE 200.00 AP- 00227745 9/14/2005 KB HOME 275.00 AP- 00227746 9/14/2005 KONICA MINOLTA BUSINESS SOLUTIONS 780.41 AP- 00227746 9/14/2005 KONICA MINOLTA BUSINESS SOLUTIONS 344.98 AP - 00227747 9/14/2005 KORANDA CONSTRUCTION 475.00 AP - 00227748 9/14/2005 KRAZAN AND ASSOCIATES INC 1,650.00 AP - 00227749 9/14/2005 LDC CENTRAL PARK PLAZA LLC 175.65 AP- 00227750 9/14/2005 LIEBERT CASSIDY WHITMORE 100.00 User: KFINCHER - Karen Fincher Page: 4 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP 00227751 9/14/2005 LOS ANGELES COCA COLABTL CO 313.60 AP 00227753 9/14/2005 MAGIC VIDEO PRODUCTIONS 500.00 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 412.09 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 652.18 AP 00227755 9/14/2005 MARIPOSA HORTICULTURALENT INC 712.82 AP 00227755 9/14/2005 MARIPOSAHORTICLrLTURALENTINC 1,510.00 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 510.86 AP 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 150.68 AP 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 389.35 AP 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 1,076.75 AP 00227755 9/14/2005 MARIPOSA HORTICUETURAL ENT INC 23.79 AP 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 223.35 AP 00227755 9/14/2005 MARIPOSAHORTICLrLTURALENTINC 341.98 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 273.18 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 1,145.38 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 29.35 AP 00227755 9/14/2005 MARIPOSAHORTICULTURALENTINC 661.34 AP - 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 58.70 AP - 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 419.53 AP - 00227755 9/14/2005 MARIPOSA HORTICULTURAL ENT INC 644.00 AP- 00227756 9/14/2005 MARSHALL PLUMBING 101.00 AP - 00227756 9/14/2005 MARSHALL PLUMBING -49.25 AP - 00227756 9/14/2005 MARSHALL PLUMBING -67.68 AP- 00227756 9/14/2005 MARSHALL PLUMBING -25.25 AP- 00227756 9/14/2005 MARSHALL PLUMBING -63.25 AP- 00227756 9/14/2005 MARSHALL PLUMBING 253.00 AP- 00227756 9/14/2005 MARSHALL PLUMBING -144.87 AP - 00227756 9/14/2005 MARSHALL PLUMBING 579.49 AP - 00227756 9/14/2005 MARSHALL PLUMBING 101.00 AP- 00227756 9/14/2005 MARSHALL PLUMBING 270.75 AP- 00227756 9/14/2005 MARSHALL PLUMBING 197.00 AP-00227756 9/14/2005 MARSHALL PLUMBING -25.25 AP- 00227757 9/14/2005 MATHIS AND ASSOCIATES 7,500.00 AP - 00227758 9/14/2005 MIDWEST TAPE 202.96 AP- 00227758 9/14/2005 MIDWEST TAPE 43.98 AP- 00227759 9/14/2005 MILLER, BETTY 93.15 AP - 00227760 9/14/2005 MOUNTAIN VIEW EM PHYS MEDICAL GROUP I 350.00 AP - 00227762 9/14/2005 NATIONAL DEFERRED 17,359.40 AP - 00227763 9/14/2005 NEC BUSINESS NETWORK SOLUTIONS INC 288.45 AP - 00227765 9/14/2005 NIKPOUR, MOHAMMED 72.00 AP ~ 00227766 9/14/2005 NIXON EGLI EQUIPMENT CO 67,343.75 AP- 00227767 9/14/2005 OFFICE DEPOT 50.09 AP- 00227767 9/14/2005 OFFICE DEPOT 45.69 AP-00227767 9/14/2005 OFFICE DEPOT 33.69 AP- 00227767 9/14/2005 OFFICE DEPOT 19.70 AP- 00227767 9/14/2005 OFFICE DEPOT 38.14 AP- 00227767 9/14/2005 OFFICE DEPOT 39.31 AP - 00227767 9/14/2005 OFFICE DEPOT 139.64 AP- 00227767 9/14/2005 OFFICE DEPOT 814.88 AP- 00227767 9/14/2005 OFFICE DEPOT 5.86 AP- 00227767 9/14/2005 OFFICE DEPOT 339.40 AP- 00227767 9/14/2005 OFFICE DEPOT 215.49 AP- 00227767 9/14/2005 OFFICE DEPOT 112.43 User: KFINCHER - Karen Fincher Page: 5 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 16:34: CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227767 9/14/2005 OFFICE DEPOT 38.90 AP - 00227767 9/14/2005 OFFICE DEPOT 30.90 AP- 00227768 9/14/2005 ONTARIO, CITY OF 16,224.76 AP - 00227769 9/14/2005 OUTBACK RANCHO CUCAMONGA LLC 439.40 AP - 00227770 9/14/2005 P A P A 110.00 AP- 00227772 9/14/2005 PALMER SNYDER 784.32 AP- 00227772 9/14/2005 PALMER SNYDER 1,665.81 AP- 00227772 9/14/2005 PALMERSNYDER 6.43 AP- 00227773 9/14/2005 PARSAC 68,006.00 AP - 00227774 9/14/2005 PERERA, MICHELLE 76.61 AP - 00227775 9/14/2005 PEREZ CO LLC 712.50 AP- 00227776 9/14/2005 PHASE II SYSTEMS 3,500.00 AP- 00227777 9/14/2005 PILONIETA, MANUEL 134.20 AP- 00227778 9/14/2005 POMA DISTRIBUTING CO 9,495.34 AP- 00227778 9/14/2005 POMA DISTRIBUTING CO 12,586.83 AP- 00227778 9/14/2005 POMA DISTRIBUTING CO 9,470.45 AP- 00227778 9/14/2005 POMA DISTRIBUTING CO 12,553.85 AP - 00227779 9/14/2005 PRE-PAID LEGAL SERVICES INC 6.81 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC 76,099.64 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC 19,487.03 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC 110,051.79 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC 8,130.78 AP - 00227780 9/14/2005 PRIZIO CONSTRUCTION INC -11,005.18 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC -813.08 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC -1,948.70 AP- 00227780 9/14/2005 PRIZIO CONSTRUCTION INC -7,609.96 AP - 00227781 9/14/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP-00227782 9/14/2005 PULTEHOMES 42,127.50 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 313.86 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 142.40 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 326.57 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 30.00 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 54.89 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 326.06 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 31.92 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 127.28 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 582.10 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 50.76 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 55.00 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 444.89 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 222.44 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 30.00 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 652.19 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 46.92 AP- 00227783 . 9/14/2005 R AND R AUTOMOTIVE 354.54 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 134.42 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 42.89 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 662.02 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 589.47 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 2,820.10 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 546.14 AP - 00227783 9/14/2005 R AND R AUTOMOTIVE 32.89 AP- 00227783 9/14/2005 R AND R AUTOMOTIVE 55.00 User: KFINCHER - Karen Fincher Page: 6 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP- 00227784 9/14/2005 R H F INC 59.00 AP- 00227784 9/14/2005 R H F INC 59.00 AP - 00227785 9/14/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 10.00 AP - 00227786 9/14/2005 RANCHO CUCAMONGA QUAKES PROFESSION,e 11,i25.00 AP - 00227786 9/14/2005 RANCHO CUCAMONGA QUAKES PROFESSION,~ 5,000.00 AP - 00227786 9/14/2005 RANCHO CUCAMONGA QUAKES PROFESSION,~ 5,000.00 AP 00227787 9/14/2005 RBM LOCK AND KEY SERVICE 188.78 AP 00227788 9/14/2005 RCPFA 7,181.13 AP 00227789 9/14/2005 RED WING SHOE STORE 137.37 AP 00227789 9/14/2005 RED WING SHOE STORE 114.47 AP 00227789 9/14/2005 RED WING SHOE STORE 146.53 AP 00227789 9/14/2005 RED WING SHOE STORE 141.95 AP 00227789 9/14/2005 RED WING SHOE STORE 145.56 AP 00227789 9/14/2005 RED WING SHOE STORE 137.37 AP 00227789 9/14/2005 RED WING SHOE STORE 150.00 AP 00227790 9/14/2005 RED WING SHOE STORE 114.47 AP 00227790 9/14/2005 RED WING SHOE STORE 150.00 AP 00227790 9/14/2005 RED WING SHOE STORE 105.32 AP 00227791 9/14/2005 RIVERSIDE BLUEPRINT 30.98 AP - 00227792 9/14/2005 RIVERSIDE CONSTRUCTION COMPANY 1,726,112.36 AP- 00227792 9/14/2005 RIVERSIDE CONSTRUCTION COMPANY 47,461.44 AP - 00227792 9/14/2005 RIVERSIDE CONSTRUCTION COMPANY -4,746.14 AP - 00227792 9/14/2005 RIVERSIDE CONSTRUCTION COMPANY -172,611.24 AP- 00227793 9/14/2005 ROBLES SR, RAUL P 70.00 AP - 00227793 9/14/2005 ROBLES SR, RAUL P 85.00 AP - 00227794 9/14/2005 S B AND O INC 576.00 AP - 00227795 9/14/2005 SAFELITE GLASS CORP 171.04 AP - 00227795 9/14/2005 SAFELITE GLASS CORP 39.95 AP - 00227798 9/14/2005 SAN BERNARDINO COUNTY 40,525.00 AP - 00227799 9/14/2005 SAN BERNARDINO CTY CENTRAL MICROFILM 45.49 AP - 00227800 9/14/2005 SAN BERNARDINO CTY SHERIFFS DEPT 7,568.45 AP - 00227801 9/14/2005 SAN BERNARDINO CTY SHERIFFS DEPT 402.60 AP - 00227802 9/14/2005 SAN BERNARDINO CTY SHERIFFS DEPT 980.82 AP- 00227803 9/14/2005 SANTOS, MANNY 72.00 AP- 00227804 9/14/2005 SBC 2,946.35 AP- 00227804 9/14/2005 SBC 1,360.93 AP- 00227805 9/14/2005 SHOETERIA 116.36 AP- 00227805 9/14/2005 SHOETERIA 129.29 AP- 00227805 9/14/2005 SHOETERIA 150.00 AP- 00227805 9/14/2005 SHOETERIA 129.28 AP- 00227805 9/14/2005 SHOETERIA 92.12 AP- 00227805 9/14/2005 SHOETERIA 87.27 AP-00227805 9/14/2005 SHOETERIA 150.00 AP- 00227805 9/14/2005 SHOETERIA 150.00 AP- 00227805 9/14/2005 SHOETERIA 106.66 AP- 00227805 9/14/2005 SHOETERIA 116.36 AP- 00227805 9/14/2005 SHOETERIA 150.00 AP- 00227806 9/14/2005 SILVIA CONSTRUCTION INC 151,192.88 AP- 00227806 9/14/2005 S1LVIA CONSTRUCTION INC -15,119.29 AP - 00227807 9/14/2005 SIMPLOT PARTNERS 848.59 AP - 00227807 9/14/2005 SIMPLOT PARTNERS 1,680.90 AP- 00227807 9/14/2005 SIMPLOT PARTNERS 3,361.80 AP - 00227807 9/14/2005 SIMPLOT PARTNERS 2,180.00 User: KFINCHER - Karen Fincher Page: 7 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~/ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227807 9/14/2005 SIMPLOT PARTNERS 2,075.70 AP- 00227807 9/14/2005 SIMPLOT PARTNERS 2,184.09 AP- 00227807 9/14/2005 SIMPLOT PARTNERS 2,508.64 AP- 00227808 9/14/2005 SLJ PRO AUDIO SERVICES 150.00 AP - 00227809 9/14/2005 SO CALIF GAS COMPANY 1,748.04 AP - 00227809 9/14/2005 SO CALIF GAS COMPANY 180.44 AP - 00227809 9/14/2005 SO CALIF GAS COMPANY 1,434.11 AP- 00227809 9/14/2005 SO CALIF GAS COMPANY 691.82 AP - 00227809 9/14/2005 SO CALIF GAS COMPANY 46.60 AP - 00227813 9/14/2005 SOUTI{ERN CALIFORNIA EDISON 14.47 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.65 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.00 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 17.29 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.76 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 16.93 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 99.54 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 243.98 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 84.08 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 21.57 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 21.74 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 27.28 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 24.92 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 15.12 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 50.54 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 6,287.50 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 73.71 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 1,024.59 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 39.59 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 38.43 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 79.95 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 25.02 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 49.46 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 78.10 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 35.36 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.80 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 158.87 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 582.88 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 190.62 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 58.I7 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 33.94 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.22 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIAEDISON 77.00 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON I33.71 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIAEDISON 33.77 User: KFINCHER - Karen Fincher Page: 8 ~f~ent Date: 09/28/20C Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout y Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 76.77 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 24.25 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 992.73 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 97.88 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 28.69 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.77 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.47 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDIS ON 14.10 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 59.54 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 6.82 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 67.83 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 9.40 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 49.62 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.95 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 76.12 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 23.78 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.77 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 60.69 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 11.10 AP - 00227813 9/I4/2005 SOUTHERN CALIFORNIA EDISON 33.47 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 110.43 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 78.67 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIAEDISON 13.63 AP- 00227813 9/14/2005 SOUTHERNCALIFORNIAEDISON 19.10 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.47 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 64.00 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 97.24 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.18 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 49.50 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 12.65 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 15.78 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 93.77 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 106.20 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 72.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 24.08 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIAEDISON 14.27 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 75.37 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.00 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.10 User: KFINCHER - Karen Fincher Page: 9 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 16:34:1 1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 21.92 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 34.90 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 16.45 AP- 00227813 9/14/2005 SOUTIt3ERN CALIFORNIA EDISON 13.80 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 65.57 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 38.95 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 88.41 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 103.92 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.11 AP - 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227813 9/14/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00227814 9/14/2005 SOUTHERN CALIFORNIA RISK MANAGEMENT 4,875.00 AP - 00227815 9/14/2005 SOUTHWEST MOBILE STORAGE INC 175.60 AP- 00227816 9/14/2005 STATICE CREATIONS 31.24 AP- 00227817 9/14/2005 STERICYCLE INC 530.34 AP- 00227819 9/14/2005 T AND D INSTALLATIONS 139.35 AP - 00227819 9/14/2005 T AND D INSTALLATIONS 66.55 AP - 00227820 9/14/2005 TANNER RECOGNITION COMPANY, O C 225.41 AP- 00227821 9/14/2005 TARGET SPECIALTY PRODUCTS 307.72 AP-00227822 9/14/2005 THOMSON GALE 54.08 AP - 00227823 9/14/2005 TRUGREEN LANDCARE 6,330.08 AP - 00227823 9/14/2005 TRUGREEN LANDCARE 12,242.75 AP - 00227823 9/14/2005 TRUGREEN LANDCARE 30,324.06 AP - 00227823 9/14/2005 TRUGREEN LANDCARE 2,353.68 AP - 00227825 9/14/2005 UMPS ARE US ASSOCIATION 3,530.50 AP- 00227827 9/14/2005 UNITED WAY 46.00 AP- 00227828 9/14/2005 URS CORPORATION 750.64 AP- 00227829 9/14/2005 VELOCITEL INC 1,144.00 AP - 00227831 9/14/2005 VERIZON 59.12 AP- 00227831 9/14/2005 VERIZON 148.21 AP - 00227831 9/14/2005 VERIZON 30.05 AP- 00227831 9/14/2005 VERIZON 29.26 AP- 00227831 9/14/2005 VERIZON 148.91 AP- 00227831 9/14/2005 VERIZON 32.25 AP- 00227831 9/14/2005 VERIZON 130.97 AP - 00227831 9/14/2005 VERIZON 31.34 AP - 00227831 9/14/2005 VERIZON 29.26 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.33 AP- 00227831 9/14/2005 VERIZON 123.84 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.56 AP ~ 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 28.30 AP- 00227831 9/14/2005 VERIZON 28.74 AP- 00227831 9/14/2005 VERIZON ' 20.55 User: KFINCHER - Karen Fincher Page: 10 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout [ ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP- 00227831 9/14/2005 VERIZON 136.08 AP- 00227831 9/14/2005 VERIZON 28.13 AP- 00227831 9/14/2005 VERIZON 90.56 AP - 00227831 9/14/2005 VERIZON 51.71 AP - 00227831 9/14/2005 VERIZON 55.31 AP- 00227831 9/14/2005 VERIZON 29.26 AP- 00227831 9/14/2005 VERIZON 59.61 AP- 00227831 9/14/2005 VERIZON 29.26 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 90.44 AP- 00227831 9/14/2005 VERIZON 90.39 AP-00227831 9/14/2005 VERIZON 20.55 AP- 00227831 9/14/2005 VERIZON 64.90 AP- 00227831 9/14/2005 VERIZON 20.55 AP- 00227831 9/14/2005 VERIZON 31.02 AP- 00227831 9/14/2005 VERIZON 28.15 AP- 00227831 9/14/2005 VERIZON 20.55 AP- 00227831 9/14/2005 VERIZON 20.55 AP- 00227831 9/14/2005 VERIZON 79.70 AP- 00227831 9/14/2005 VERIZON 34.58 AP - 00227831 9/14/2005 VERIZON 20.55 AP- 00227831 9/14/2005 VERIZON 29.26 AP- 00227831 9/14/2005 VERIZON 28.30 AP- 00227831 9/14/2005 VERIZON 28.74 AP- 00227831 9/14/2005 VERIZON 90.56 AP- 00227831 9/14/2005 VERIZON 159.24 AP- 00227831 9/14/2005 VERIZON 1,191.99 AP- 00227831 9/14/2005 VERIZON 21.62 AP - 00227831 9/14/2005 VERIZON 111.42 AP - 00227832 9/14/2005 VILLAGE NURSERIES 1,439.21 AP - 00227833 9/14/2005 WALTERS WHOLESALE ELECTRIC CO 9.70 AP - 00227833 9/14/2005 WALTERS WHOLESALE ELECTRIC CO 110.74 AP - 00227833 9/14/2005 WALTERS WHOLESALE ELECTRIC CO 414.08 AP - 00227834 9/14/2005 WARREN & CO INC, CARL 542.16 AP - 00227834 9/14/2005 WARREN & CO INC, CARL 703.36 AP - 00227834 9/14/2005 WARREN & CO INC, CARL 425.72 AP - 00227834 9/14/2005 WARREN & CO INC, CARL 395.60 AP - 00227834 9/14/2005 WARREN & CO INC, CARL 739.68 AP - 00227834 9/14/2005 WARREN & CO INC, CARL 226.56 AP - 00227835 9/14/2005 WAXIE SANITARY SUPPLY 782.03 AP - 00227835 9/14/2005 WAXIE SANITARY SUPPLY 3,000.00 AP - 00227835 9/14/2005 WAXIE SANITARY SUPPLY 765.60 AP- 00227836 9/14/2005 WEST COAST TURF 969.75 AP- 00227836 9/14/2005 WEST COAST TURF 1,034.40 AP- 00227837 9/14/2005 XEROX CORPORATION 123.42 AP-00227838 9/14/2005 YEE, LARRY 18.00 AP- 00227839 9/14/2005 AMERICAN LANDSCAPE INC 71,646.71 AP- 00227839 9/14/2005 AMERICAN LANDSCAPE INC -10,126.82 AP ~ 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 148.80 AP - 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 230.40 AP - 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 672.00 AP - 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 243.60 User: KFINCHER - Karen Fincher Page: 11 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout / ] Time: 16:34:1 / CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No: Check Date Vendor Name Amount AP - 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 90.00 AP- 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 453.60 AP- 00227841 9/15/2005 INLAND VALLEY DAILY BULLETIN 486.00 AP ~ 00227841 9/1512005 INLAND VALLEY DALLY BULLETIN 688.80 AP - 00227841 9/15/2005 INLAND VALLEY DALLY BULLETIN 422.40 AP - 00227841 9/15/2005 INLAND VALLEY DALLY BULLETIN 361.20 AP - 00227842 9/21/2005 A TO Z BUSINESS FORMS 14.58 AP - 00227843 9/21/2005 AA EQUIPMENT 1,056.19 AP - 00227844 9/21/2005 ABC LOCKSMITHS 71.06 AP- 00227844 9/21/2005 ABC LOCKSMITHS 583.33 AP- 00227845 9/21/2005 ABLAC 297.52 AP- 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC 24,349.78 AP- 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC 3,494.20 AP- 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC -2,434.98 AP - 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC 12,994.20 AP - 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC -1,299.42 AP - 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC -349.42 AP - 00227847 9/21/2005 ADAMSON, RONALD 924.00 AP - 00227847 9/21/2005 ADAMSON, RONALD 792.00 AP - 00227848 9/21/2005 ADOBE ANIMAL HOSPITAL 200.00 AP-00227849 9/21/2005 AFLAC 1,112.83 AP - 00227850 9/21/2005 AIR CONTROLLED ENVIRONMENTS 105.00 AP- 00227852 9/21/2005 ALI, UZMA 75.00 AP - 00227854 9/21/2005 ALTA LOMA ANIMAL HOSPITAL 250.00 AP- 00227855 9/21/2005 AMERICAN CLASSIC SANITATION INC. 166.94 AP - 00227856 9/21/2005 AMERICAN RED CROSS 390.00 AP- 00227857 9/21/2005 AMESCUA, CHRISTA 140.00 AP- 00227858 9/21/2005 ANDRADE, LAINI 42.53 AP- 00227859 9/21/2005 APPLE FURNITURE DIRECT 538.82 AP-00227860 9/21/2005 AYALA, LINDA 155.00 AP- 00227863 9/21/2005 BAGRO, CATHERINE · 250.00 AP- 00227864 9/21/2005 BALDASSANO, NICK 68.00 AP- 00227866 9/21/2005 BARLETT, JO 1,611.20 AP - 00227867 9/21/2005 BEARD PROVENCHER AND ASSOC 5,795.00 AP - 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CK: Agenda Check Register Portrait Layout lq Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No: Check Date Vendor Name Amount AP- 00227883 9/21/2005 CHADWICK, SUSANA 59.00 AP- 00227883 9/21/2005 CHADWICK, SUSANA 59.00 AP- 00227884 9/21/2005 CHAMMA, SAMAH 153.04 AP - 00227885 9/21/2005 CHAMPION AWARDS AND SPECIALIES 135.77 AP- 00227886 9/21/2005 CHUGH, KAREN 114.00 AP- 00227887 9/21/2005 CIVIC SOLUTIONS INC 2,425.00 AP- 00227888 9/21/2005 CLEAN STREET 27.00 AP - 00227889 9/21/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 20.00 AP - 00227889 9/21/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 20.00 AP - 00227889 9/21/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 20.00 AP - 00227889 9/21/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 20.00 AP 00227889 9/21/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 20.00 AP 00227889 9/21/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 20.00 AP 00227890 9/21/2005 CLUCAS, DONALDL. 622.44 AP 00227891 9/21/2005 COMMUNITY SENIOR SERVICES 200.00 AP 00227892 9/21/2005 CONCENTRA MEDICAL CENTERS 36.00 AP 00227892 9/21/2005 CONCENTRA MEDICAL CENTERS 247.00 AP 00227892 9/21/2005 CONCENTRA MEDICAL CENTERS 618.00 AP 00227893 9/21/2005 CONNER, CAMILLE 24.00 AP 00227894 9/21/2005 COSCO FIRE PROTECTION 67,340.00 AP 00227894 9/21/2005 COSCO FIRE PROTECTION 10,360.00 AP 00227894 9/21/2005 COSCO FIRE PROTECTION -1,036.00 AP 00227894 9/21/2005 COSCO FIRE PROTECTION -6,734.00 AP 00227896 9/21/2005 COURT TRUSTEE 118.50 AP 00227897 9/21/2005 COURT TRUSTEE ' 200.00 AP 00227898 9/21/2005 COX, GENE 154.00 AP 00227899 9/21/2005 COX, JULIE 186.00 AP 00227900 9/21/2005 CPCONSTRUCTION 326,710.00 AP 00227900 9/21/2005 CPCONSTRUCTION -32,671.00 AP 00227901 9/21/2005 CROCKETT, ALLISON 85.00 AP 00227902 9/21/2005 CROWNER SHEET METAL 495.62 AP 00227902 9/21/2005 CROWNER SHEET METAL 76.26 AP 00227902 9/21/2005 CROWNER SHEET METAL -49.56 AP 00227902 9/21/2005 CROWNER SHEET METAL -7.63 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 118.48 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 66.08 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 107.68 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 507.68 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 18.40 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 1,178.48 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 398.48 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 629.48 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 26.13 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 815.48 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 763.88 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 87.68 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 823.88 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 98.68 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 196.28 AP 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 288.07 AP - 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00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 223.28 AP- 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 187.88 AP - 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 1,050.68 AP - 00227903 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 1,083.33 AP - 00227904 9/21/2005 CUCAMONGA VALLEY WATER DISTRICT 1,330.00 AP - 00227905 9/21/2005 CURTIS, ROBERT 100.00 AP - 00227906 9/21/2005 CYBERCOM RESOURCES INC 2,870.00 AP - 00227906 9/21/2005 CYBERCOM RESOURCES INC 525.00 AP - 00227907 9/21/2005 D 7 CONSULTING INC 325.00 AP - 00227908 9/21/2005 DAGHDEV1RIAN, KATHY 1,080.00 AP - 00227909 9/21/2005 DAISY WHEEL RIBBON CO INC 236.98 AP - 00227910 9/21/2005 DAN GUERRA AND ASSOCIATES 4,187.50 AP - 00227910 9/21/2005 DAN GUERRA AND ASSOCIATES 3,167.50 AP - 00227910 9/21/2005 DAN GUERRA AND ASSOCIATES 21,913.75 AP - 00227910 9/21/2005 DAN GUERRA AND ASSOCIATES 22,661.44 AP- 00227911 9/21/2005 DANKO INC 17.49 AP- 00227912 9/21/2005 DAVIS, MARCELLE 95.00 AP- 00227913 9/21/2005 DAVIS, SHANNON 59.00 AP-00227914 9/21/2005 DAVY, BRIAN 27.00 AP - 00227915 9/21/2005 DEER CREEK CAR CARE CENTER 1,960.00 AP - 00227916 9/21/2005 DEJDANI, TARA 99.00 AP - 00227917 9/21/2005 DELGADILLO, ELISA 115.00 AP- 00227918 9/21/2005 DELTA MICROIMAGING INC 572.69 AP- 00227919 9/21/2005 DEPARTMENT OF JUSTICE 3,104.00 AP- 00227919 9/21/2005 DEPARTMENT OF JUSTICE 1,125.00 AP - 00227920 9/21/2005 DEVEE, MICHELLE 59.00 AP- 00227921 9/21/2005 DLB CONSTRUCTION INC. 20.00 AP- 00227922 9/21/2005 DODD, TANIA 34.00 AP- 00227922 9/21/2005 DODD, TANIA 34.00 AP- 00227923 9/21/2005 DOORKEYPERINC. 1,186.27 AP- 00227924 9/21/2005 DUMBELL MAN FITNESS EQUIPMENT, THE 19,133.02 AP - 00227924 9/21/2005 DUMBELL MAN FITNESS EQUIPMENT, THE 299.98 AP - 00227925 9/21/2005 DURON, DANIEL 207.00 AP - 00227926 9/21/2005 EASTMAN KODAK COMPANY 849.00 AP- 00227927 9/21/2005 ECKL, JOEY 80.00 AP - 00227928 9/21/2005 EMPLOYMENT DEVELOPMENT DEPT. 2,242.00 AP - 00227929 9/21/2005 ETCO INVESTMENTS LLC. 3,311.88 AP - 00227930 9/21/2005 FEDERAL EXPRESS CORP 11.85 AP - 00227931 9/21/2005 FEDEX KINKO'S OFFICE AND PRINT SERVICES 1,406.14 AP - 00227932 9/21/2005 FINESSE PERSONNEL ASSOCIATES 520.80 AP - 00227932 9/21/2005 FINESSE PERSONNEL ASSOCIATES 694.40 AP- 00227932 9/21/2005 FINESSE PERSONNEL ASSOCIATES 612.00 AP - 00227932 9/21/2005 FINESSE PERSONNEL ASSOCIATES 720.00 AP - 00227932 9/21/2005 FINESSE PERSONNEL ASSOCIATES 868.00 User: KFINCHER - Karen Fincher Page: 14 Current Date: 09/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~/~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227932 9/21/2005 FINESSE PERSONNEL ASSOCIATES 840.00 AP - 00227933 9/21/2005 FIRST CENTENNIAL BANK 2,434.98 AP - 00227933 9/21/2005 FIRST CENTENNIAL BANK 349.42 AP - 00227933 9/21/2005 FIRST CENTENNIAL BANK 1,299.42 AP 00227934 9/21/2005 FISHER SCIENTIFIC 896.89 AP 00227936 9/21/2005 FUENTES, MARIO 32.00 AP 00227937 9/21/2005 GLOBAL PRESENTER 1,379.00 AP 00227937 9/21/2005 GLOBAL PRESENTER 29.08 AP 00227937 9/21/2005 GLOBAL PRESENTER 6,483.02 AP 00227937 9/21/2005 GLOBAL PRESENTER 901.00 AP 00227938 9/21/2005 GODINEZ, MANDI 64.00 AP 00227939 9/21/2005 GREEN ROCK POWER EQUIPMENT 103.08 AP 00227940 9/21/2005 GUESNON, SUSAN 34.00 AP 00227941 9/21/2005 GUTIERREZ, NANCY 167.00 AP 00227942 9/21/2005 HAKIMI, SUSAN 474.30 AP 00227943 9/21/2005 HEANEY, SABRINA 40.00 AP 00227944 9/21/2005 HENKELSMCCOYINC 210.60 AP 00227945 9/21/2005 HOLIDAY PRINTING 5,109.58 AP 00227946 9/21/2005 HOLLOWAY, ROBIN 253.00 AP 00227947 9/21/2005 }tONG, YI SEON 59.00 AP 00227948 9/21/2005 }IOYT LUMBER CO., SM 244.38 AP 00227949 9/21/2005 HUANG, JUDY 102.00 AP 00227950 9/21/2005 }IUEBBE, KAT}IY 34.00 AP 00227951 9/21/2005 }IUITT-ZOLLARS INC 77.00 AP 00227952 9/21/2005 }IURST, CHERYL 288.50 AP 00227953 9/21/2005 }IYDROSCAPEPRODUCTSINC 94.90 AP 00227955 9/21/2005 INLAND EMPIRE TOURS AND TRANSPORTATIC 711.00 AP 00227956 9/21/2005 IT'S A GRIND COFFEE SHOP 70.00 AP 00227957 9/21/2005 JACOBSON, KENNETH 30.00 AP 00227958 9/21/2005 JIMENEZ, SANDIE 68.00 AP 00227959 9/21/2005 JONES AND MAYER LAW OFFICES OF 1,275.00 AP- 00227960 9/21/2005 JONES, BOB 1,152.00 AP- 00227960 9/21/2005 JONES, BOB 1,728.00 AP- 00227960 9/21/2005 JONES, BOB 2,240.00 AP- 00227961 9/21/2005 KAZMI, MOHSIH 500.00 AP - 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CK: Agenda Check Register Portrait Layout ~ ~ Time: 16:34:1 / CITY OF RANCHO CUCAMONGA Agenda Check Re~ister 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 2,789.17 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 1,090.61 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 1,841.29 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 86.23 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 122.91 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 365.88 AP 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 115.59 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 8,801.15 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 130.61 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 17,501.29 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 3,464.17 AP 00227979 9/21/2005 MAR1POSAHORTICULTURALENTINC 9,093.84 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 1,263.37 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 5,078.68 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 3,681.56 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 542.19 AP 00227979 9/21/2005 MARIPOSAHORTICULTURALENTINC 803.53 AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 4,668.58 AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 5,271.31 AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 3,407.42 AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 803.53 AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 4,668.58 AP- 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 13,136.59 AP - 00227979 9/21/2005 MARIPOSA HORTICULTURAL ENT INC 6,070.93 AP- 00227980 9/21/2005 MAURY, TERI 48.00 AP - 00227981 9/21/2005 McCAULI~Y, STELLA 79.00 AP - 00227982 9/21/2005 MCMASTER CARR SUPPLY COMPANY 117.71 AP- 00227983 9/21/2005 MEIDL, KIM 55.00 AP - 00227984 9/21/2005 MIJAC ALARM COMPANY 96.00 AP - 00227986 9/21/2005 MOBILE MODULAR MANAGEMENT CORP 312.48 AP- 00227988 9/21/2005 MOLLIE'S ENTERPRISES 23.00 AP- 00227989 9/21/2005 MORRISON, VERNONR. 1,537.00 AP - 00227991 9/21/2005 MOUNTAIN VIEW GLASS AND MIRROR 409.17 AP - 00227992 9/21/2005 MOUNTAIN VIEW SMALL ENG REPAIR 11.79 AP - 00227992 9/21/2005 MOUNTAIN VIEW SMALL ENG REPAIR 7.00 AP - 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CK: Agenda Check Register Portrait Layout ] J_ Time: 16:34: / CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. 12heck Date Vendor Name Amount AP-00228007 9/21/2005 OFFICE DEPOT 158.52 AP - 00228007 9/21/2005 OFFICE DEPOT 21.97 AP - 00228007 9/21/2005 OFFICE DEPOT 9.78 AP - 00228007 9/21/2005 OFFICE DEPOT 118.53 AP - 00228007 9/21/2005 OFFICE DEPOT 16.10 AP - 00228007 9/21/2005 OFFICE DEPOT 111.63 AP- 00228007 9/21/2005 OFFICE DEPOT 4.78 AP - 00228007 9/21/2005 OFFICE DEPOT 60.32 AP - 00228007 9/21/2005 OFFICE DEPOT 22.56 AP- 00228007 9/21/2005 OFFICE DEPOT 17.71 AP- 00228007 9/21/2005 OFFICE DEPOT 11.57 AP - 00228008 9/21/2005 ONTARIO WINNELSON CO 242.44 AP-00228009 9/21/2005 ORTEGA, MARISOL 124.00 AP - 00228010 9/21/2005 PACIFICARE OF CALIFORNIA 65,230.05 AP - 00228011 9/21/2005 PACIFICARE OF CALIFORNIA 33,399.73 AP- 00228012 9/21/2005 PAL CAMPAIGN 137.23 AP - 00228013 9/21/2005 PALMER, JENNIFER 44.00 AP- 00228014 9/21/2005 PARRA, ROBERT 62.00 AP- 00228015 9/21/2005 PASMA SOUTH CHAPTER 75.00 AP- 00228015 9/21/2005 PASMA SOUTH CHAPTER 100.00 AP- 00228016 9/21/2005 PATTON SALES CORP 542.92 AP- 00228017 9/21/2005 PEREZ, EDITH B. 158.00 AP- 00228018 9/21/2005 PHILLIPS, JENNI 100.00 AP- 00228019 9/21/2005 PITTET, ANGELIKA 37.00 AP- 00228020 9/21/2005 PMI 1,058.40 AP - 00228021 9/21/2005 PORTER, DANIELLE 59.00 AP - 00228022 9/21/2005 POUK AND STEINLE INC. 204,980.10 AP - 00228022 9/21/2005 POUK AND STEINLE INC. 51,711.46 AP- 00228022 9/21/2005 POUK AND STEINLE INC. -16,241.78 AP - 00228022 9/21/2005 POUK AND STEINLE INC. -20,498.01 AP- 00228023 9/21/2005 PRE-PAID LEGAL SERVICES INC 115.77 AP - 00228024 9/21/2005 PROTECH TRANSMISSION SERVICES 9,221.62 AP - 00228026 9/21/2005 QUINTANA, ZITA 193.00 AP - 00228027 9/21/2005 R AND R AUTOMOTIVE 711:39 AP - 00228028 9/21/2005 RANCHO cucAMONGA CHAMBER OF COMME! 15.00 AP - 00228028 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMME] 15.00 AP - 00228028 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00228028 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00228028 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMME! 15.00 AP - 00228028 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00228030 9/21/2005 RANCHO CUCAMONGA PUBLIC LIBRARY FOU~ 5.00 AP - 00228031 9/21/2005 RANCHO CUCAMONGA, CITY OF 29.75 AP - 00228033 9/21/2005 RAULS AUTO TRIM INC 356.62 AP - 00228035 9/21/2005 RDO EQUIPMENT CO 4.04 AP- 00228036 9/21/2005 REBELOWSKI, TED 306.40 AP - 00228037 9/21/2005 RED WING SHOE STORE 150.00 AP- 00228038 9/21/2005 REINHARDTSEN, DEBRA 282.50 AP - 00228039 9/21/2005 REPUBLIC ELECTRIC 1,395.00 AP - 00228039 9/21/2005 REPUBLIC ELECTRIC 6,272.04 AP - 00228039 9/21/2005 REPUBLIC ELECTRIC 9,755.09 AP - 00228040 9/21/2005 REYES, JASMINE 40.00 AP - 00228041 9/21/2005 REYES, JENNIFER 40.00 AP - 00228042 9/21/2005 RICHARDS WATSON AND GERSHON 841.33 User: KFINCHER - Karen Fincher Page: 17 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ ~ Time: 16:34:1 / CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00228043 9/21/2005 RIOS, RINA 112.00 AP - 00228044 9/21/2005 RIVERSIDE CO DEPT CH1LD SUPPORT 250.00 AP - 00228046 9/21/2005 ROCHA, FREDY 250.00 AP - 00228046 9/21/2005 ROCHA, FREDY 0.50 AP - 00228047 9/21/2005 RODRIGUEZ, LETICIA 163.62 AP - 00228048 9/21/2005 RODRIGUEZ, REYNALDO 225.00 AP- 00228050 9/21/2005 ROTARY CORPORATION 467.36 AP- 00228050 9/21/2005 ROTARY CORPORATION 117.93 AP - 00228051 9/21/2005 RSCS LLC 5,000.00 AP - 00228051 9/21/2005 RSCS LLC 5,000.00 AP- 00228051 9/21/2005 RSCSLLC 5,000.00 AP- 00228051 9/21/2005 RSCS LLC 10,000.00 AP- 00228051 9/21/2005 RSCS LLC 10,000.00 AP - 00228052 9/21/2005 S B AND O INC 5,309.00 AP- 00228054 9/21/2005 SAMPLES, KRISTY 37.26 AP - 00228055 9/21/2005 SAN BERNARDINO COUNTY FLOOD CONTROL 535.00 AP - 00228056 9/21/2005 SAN BERNARDINO COUNTY AUDITOR CONTR( 324.00 AP - 00228056 9/21/2005 SAN BERNARDINO COUNTY AUDITOR CONTR( 324.00 AP - 00228056 9/21/2005 SAN BERNARDINO COUNTY AUDITOR CONTR( 432.00 AP - 00228058 9/21/2005 SAN BERNARDINO COUNTY 512.65 AP - 00228059 9/21/2005 SAN BERNARDINO CTY CHILD SUPPORT PAY~ 392.44 AP - 00228060 9/21/2005 SAN BERNARDINO CTY CHILD SUPPORT PAY~ 322.50 AP - 00228061 9/21/2005 SAN BERNARDINO CTY CHII~D SUPPORT PAYlv] 213.50 AP - 00228062 9/21/2005 SAN BERNARDINO CTY SHERIFFS DEPT 1,585,215.50 AP - 00228062 9/21/2005 SAN BERNARDINO CTY SHERIFFS DEFT 13,642.50 AP - 00228062 9/21/2005 SAN BERNARDINO CTY SHERIFFS DEPT 17,570.00 AP - 00228063 9/21/2005 SAN BERNARDINO CTY SHERIFFS DEPT 17,639.59 AP- 00228064 9/21/2005 SCCCA 35.00 AP- 00228065 9/21/2005 SCOTT, DIANA 500.00 AP - 00228068 9/21/2005 SENECHAL, CALVIN 308.00 AP- 00228068 9/21/2005 SENECHAL, CALVIN 171.50 AP- 00228068 9/21/2005 SENECHAL, CALVIN 210.00 AP - 00228068 9/21/2005 SENECHAL, CALVIN 122.00 AP - 00228068 9/21/2005 SENECHAL, CALVIN 403.20 AP - 00228068 9/21/2005 SENECHAL, CALVIN 224.00 AP - 00228068 9/21/2005 SENECHAL, CALVIN 45.50 AP-00228069 9/21/2005 SHOETERIA 116.36 AP- 00228069 9/21/2005 SHOETERIA 116.36 AP- 00228070 9/21/2005 SIMPLOT PARTNERS 771.49 AP - 00228070 9/21/2005 SIMPLOT PARTNERS 826.87 AP - 00228070 9/21/2005 SIMPLOT PARTNERS 174.45 AP- 00228071 9/21/2005 SLUKA, SUSAN 400.00 AP - 00228072 9/21/2005 SMIDERLY, FRANY 680.00 AP- 00228072 9/21/2005 SMIDERLY, FRANY 520.00 AP-00228073 9/21/2005 SMITH, BRITTNEY 40.00 AP- 00228074 9/21/2005 SMITH, ROSEMARY 79.00 AP- 00228075 9/21/2005 SMITH, RUBY 100.00 AP - 00228076 9/21/2005 SO CALIF GAS COMPANY 263.11 AP- 00228076 9/21/2005 SO CALIF GAS COMPANY 25.12 AP - 00228077 9/21/2005 SONITROL OF SAN BERNARDINO 48.15 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 3,520.14 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.11 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.47 User: KFINCHER - Karen Fincher Page: 18 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.95 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 100.18 AP 002'28082 9/21/2005 SOUTHERN CALIFORNIA EDISON 15.21 AP 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.77 AP 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.77 AP 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.29 AP 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 160.55 AP 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON ~ 83.45 AP 00228082 .9/21/2005 SOUTHERN CAL1FORNIA EDISON 265.39 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 90.10 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.15 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 160.00 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 124.19 AP ~ 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 1,387.87 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 21,248.08 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 78.30 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 46.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 25.61 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 87.01 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 116.88 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.29 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 64.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.58 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIAEDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 393.32 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 56.18 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 28.42 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 61.38 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 218.02 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 200.85 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 120.18 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 27.11 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 102.49 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON / 17.62 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIAEDISON 136.48 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 8,520.12 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.74 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 19.07 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 44.35 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 1.41 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 21.05 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.10 User: KFINCHIER - Karen Fincher Page: 19 Current Date: 09/28/20E Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date. Vendol' Name Amount AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 39.84 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.95 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON I4.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 78.51 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 133.06 AP - 00228082 9/21/2005 SOUTHtiRN CALIFORNIA EDISON 109.77 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 34.61 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 18.88 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 99.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 24.75 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 44.86 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 21.54 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 6,711.37 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 145.08 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 30,508.13 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 88.12 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 96.01 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 67.30 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 44.23 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 16.93 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIAEDISON 347.21 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.11 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 52.98 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 71.49 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 93.25 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 21.97 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 15.41 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 57.17 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 28.70 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.80 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.47 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 62.11 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIAEDISON 53.55 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 2,530.55 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 15.70 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 64.79 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 21.99 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 74.13 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 User: KFINCHER - Karen Fincher Page: 20 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout,~ 0 Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 92.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 78.97 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.80 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 64.26 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 84.14 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 35.27 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 15.13 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 78.11 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.74 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 12.43 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 91.08 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 91.34 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 16.43 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 99.02 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 106.14 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 38.25 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIAEDISON 13.63 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIAEDISON 15.04 AP- 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 382.66 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 5,536.37 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00228082 9/21/2005 SOUTHERN CALIFORNIA EDISON 53,114.67 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 277.95 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 2.20 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 10,190.61 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 44.24 AP-00228083 9/21/2005 . SOUTHERN CALIFORNIA EDISON 25.13 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 2,577.73 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 6,491.76 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 689.22 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 37,855.86 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 33.93 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 31.32 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 3.94 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 44.24 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 14,992.80 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIAEDISON 4,212.90 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIAEDISON 2,868.67 AP - 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 2,727.75 AP- 00228083 9/21/2005 SOUTHERN CALIFORNIA EDISON 12,I20.96 AP- 00228084 9/21/2005 SPRINGER, VERONICA 80.00 AP - 00228085 9/21/2005 ST PETER AND ST PAUL CHURCH 5.00 AP - 00228086 9/21/2005 STANDARD DRYWALL INC 335,965.47 AP- 00228086 9/21/2005 STANDARD DRYWALL INC 219,129.25 AP - 00228086 9/21/2005 STANDARD DRYWALL INC 51,520.45 User: KFINCHER - Karen Fincher Page: 21 Current Date: 09/28/20£ Report:CK_AGENDA_REG_PORTRAIT_RC _ CK: Agenda Check Register Portrait Layout ~ I Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP - 00228086 9/21/2005 STANDARD DRYWALL INC -33,596.54 AP- 00228086 9/21/2005 STANDARD DRYWALL INC -21,912.93 AP 00228086 9/21/2005 STANDARD DRYWALLINC -5,1~2.04 AP 00228087 9/21/2005 STANLEY, RICHARD 99.00 AP 00228088 9/21/2005 STOFA, JOSEPH 15.00 AP 00228089 9/21/2005 STRAND, RICHARD 250.00 AP 00228090 9/21/2005 SUNRISE FORD 149.82 AP 00228092 9/21/2005 TALX CORPORATION 1,000.00 AP 00228093 9/21/2005 TANAKA, NORIKO 40.00 AP 00228094 9/21/2005 TAUSSIG AND ASSOCIATES INC, DAVID 2,754.88 AP 00228095 9/21/2005 TAYLOR, CRAIG 55.00 AP 00228096 9/21/2005 TAYLOR, TERI 55.00 AP 00228097 9/21/2005 TEMECULA MECHANICAL INC 34,996.52 AP 00228097 9/21/2005 TEMECULAMECHANICALINC 19,380.42 AP 00228097 9/21/2005 TEMECULAMECHANICALINC 5,354.00 AP 00228097 9/21/2005 TEMECULAMECHANICALINC -3,499.65 AP - 00228097 9/21/2005 TEMECULA MECHANICAL INC -1,938.04 AP- 00228097 9/21/2005 TEMECULA MECHANICAL INC -535.40 AP - 00228099 9/21/2005 TERRY, CONNI 250.00 AP- 00228100 9/21/2005 THAI, HUNG 255.00 AP- 00228101 9/21/2005 TRADEMARK CONCRETE SYSTEMS INC 1,527.50 AP- 00228101 9/21/2005 TRADEMARK CONCRETE SYSTEMS INC 1,115.50 AP- 00228101 9/21/2005 TRADEMARK CONCRETE SYSTEMS INC -152.75 AP - 00228101 9/21/2005 TRADEMARK CONCRETE SYSTEMS INC -111.55 AP - 00228102 9/21/2005 TRAINING NETWORK, THE 466.90 AP- 00228103 9/21/2005 TRANS WEST TRUCK CENTER 75.38 AP- 00228104 9/21/2005 TRUGREEN CHEMLAWN 1t.96 AP- 00228105 9/21/2005 TRUGREEN LANDCARE 5,302.44 AP - 00228105 9/21/2005 TRUGREEN LANDCARE 6,453.96 AP - 00228105 9/21/2005 TRUGREEN LANDCARE 1,292.66 AP- 00228105 9/21/2005 TRUGREEN LANDCARE 47.23 AP - 00228105 9/21/2005 TRUGREEN LANDCARE 109.51 AP - 00228105 9/21/2005 TRUGREEN LANDCARE 58.94 AP- 00228105 9/21/2005 TRUGREENLANDCARE 1,085.35 AP- 00228105 9/21/2005 TRUGREENLANDCARE 1,848.64 AP- 00228105 9/21/2005 TRUGREENLANDCARE 1,122.82 AP- 00228105 9/21/2005 TRUGREENLANDCARE 24,243.48 AP- 00228105 9/21/2005 TRUGREEN LANDCARE 70,075.76 AP - 00228105 9/21/2005 TRUGREEN LANDCARE 459.19 AP- 00228105 9/21/2005 TRUGREEN LANDCARE 19,872.14 AP- 00228105 9/21/2005 TRUGREEN LANDCARE 52.83 AP- 00228105 9/21/2005 TRUGREENLANDCARE 16,705.15 AP- 00228105 9/21/2005 TRUGREENLANDCARE 15,515.47 AP- 00228105 9/21/2005 TRUGREENLANDCARE 780.14 AP- 00228105 9/21/2005 TRUGREENLANDCARE 1,261.83 AP - 00228105 9/21/2005 TRUGREEN LANDCARE 3,028.66 AP- 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 50.15 AP- 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 772.91 AP- 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 101.83 AP- 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 31.31 AP - 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 56.35 AP- 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 100.83 AP- 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 737.53 User: KFINCHER - Karen Fincher Page: 22 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~'J Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Re~ister 9/14/2005 through 9/27/2005 Check No. Cheek Date Vendor Name Amount AP 00228106 9/21/2005 UNIFIRST UNIFORM SERVICE 30.31 AP 00228107 9/21/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 1,384.34 AP 00228108 9/21/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 2,831.50 AP 00228108 9/21/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 33,268.83 AP 00228109 9/21/2005 UNIQUE CREATIONS 72.41 AP 00228110 9/21/2005 UNITED STATES POSTAL SERVICE 150.00 AP 00228111 9/21/2005 UNITEDWAY 471.82 AP 00228112 9/21/2005 UNITEKTECHNOLOGYINC 2,807.97 AP 00228112 9/21/2005 UNITEKTECHNOLOGYINC 675.00 AP 00228113 9/21/2005 LIPS 24.34 AP 00228113 9/21/2005 UPS 46.37 AP 00228113 9/21/2005 UPS 28.25 AP 00228114 9/21/2005 URISA 247.50 AP 00228114 9/21/2005 URISA 247.50 AP 00228115 9/21/2005 US PRINTING 840.45 AP 00228116 9/21/2005 USATODAY 145.11 AP - 00228117 9/21/2005 VEND U CO 69.40 AP - 00228117 9/21/2005 VEND U CO 96.79 AP- 00228118 9/21/2005 VERIZON WIRELESS - LA 944.92 AP- 00228120 9/21/2005 VERIZON 28.30 AP- 00228120 9/21/2005 VERIZON 29.30 AP- 00228120 9/21/2005 VERIZON 20.55 AP- 00228120 9/21/2005 VERIZON 20.59 AP-00228120 9/21/2005 VERIZON 20.55 AP- 00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 60.08 AP- 00228120 9/21/2005 VERIZON 30.80 AP- 00228120 9/21/2005 VERIZON 28.30 AP- 00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 22.74 AP-00228120 9/21/2005 VERIZON 28.89 AP- 00228120 9/21/2005 VERIZON 56.61 AP- 00228120 9/21/2005 VERIZON 28.30 AP- 00228120 9/21/2005 VERIZON 27.34 AP- 00228120 9/21/2005 VERIZON 113.22 AP- 00228120 9/21/2005 VERIZON 87.80 AP - 00228120 9/21/2005 VERIZON 28.30 AP-00228120 9/21/2005 VERIZON 38.79 AP- 00228120 9/21/2005 VERIZON 38.79 AP- 00228120 9/21/2005 VERIZON 91.87 AP- 00228120 9/21/2005 VERIZON 90.56 AP-00228120 9/21/2005 VERIZON 22.07 AP- 00228120 9/21/2005 VERIZON 29.26 AP- 00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 29.26 AP-00228120 9/21/2005 VERIZON 90.56 AP-00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 90.56 AP- 00228120 9/21/2005 VERIZON 28.38 AP- 00228120 9/21/2005 VERIZON 20.55 AP- 00228120 9/21/2005 VERIZON 29.26 User: KFINCHER - Karen Fincher Page: 23 Current Date: 09/28/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Time: 16:34:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP 00228121 9/21/2005 VIDEO GUYS, THE 53.88 AP 00228122 9/21/2005 VIGILANCE, TERRENCE 350.00 AP 00228122 9/21/2005 VIGILANCE, TERRENCE 412.50 AP 00228123 9/21/2005 VOLM, LIZA 112.50 AP 00228124 9/21/2005 W AND W STEEL COMPANY 29,256.10 AP 00228124 9/21/2005 W AND W STEEL COMPANY 11,965.74 AP 00228124 9/21/2005 W AND W STEEL COMPANY -2,925.61 AP 00228124 9/21/2005 W AND W STEEL COMPANY -1,196.57 AP 00228125 9/21/2005 WAGNER, DENNIS 210.00 AP 00228127 9/21/2005 WARD, DESIREE 452.50 AP 00228128 9/21/2005 WATSON, DOLORES 110.00 AP 00228129 9/21/2005 WAX1ESANITARY SUPPLY 133.35 AP 00228129 9/21/2005 WAX1ESANITARY SUPPLY 301.55 AP 00228131 9/21/2005 WELLS FARGO BANK 2,000.00 AP 00228131 9/21/2005 WELLS FARGO BANK 2,000.00 AP 00228133 9/21/2005 WEST GROUP 194.35 AP 00228134 9/21/2005 WEST VALLEY MRFLLC 3.36 AP 00228134 9/21/2005 WESTVALLEYMRFLLC 89.76 AP 00228134 9/21/2005 WEST VALLEY MRF LLC 72.48 AP 00228134 9/21/2005 WEST VALLEY MRFLLC 50.88 AP 00228134 9/21/2005 WEST VALLEY MRFLLC 71.04 AP - 00228134 9/21/2005 WEST VALLEY MRF LLC 98.64 AP - 00228134 9/21/2005 WEST VALLEY MRF LLC 153.84 AP- 00228135 9/21/2005 WHITEHEAD, LINDA 9.32 AP- 00228136 9/21/2005 WILSON AND BELL 486.68 AP- 00228137 9/21/2005 WON RO, SOON 34.00 AP- 00228138 9/21/2005 WORREL, JUDY 48.00 AP - 00228139 9/21/2005 WRIGHT INC, D H 7.35 AP- 00228140 9/21/2005 XEROX CORPORATION 176.33 AP-00228141 9/21/2005 YAU, OLIVIA 38.00 AP - 00228142 9/21/2005 ZEP MANUFACTURING COMPANY 1,558.79 AP - 00228143 9/22/2005 UNITEK TECHNOLOGY INC -54.64 AP- 00228143 9/22/2005 UNITEK TECHNOLOGY INC -21.16 AP- 00228143 9/22/2005 UNITEK TECHNOLOGY INC -8.99 AP- 00228143 9/22/2005 UNITEK TECHNOLOGY INC 2,807.97 AP - 00228143 9/22/2005 UNITEK TECHNOLOGY INC 675.00 Total for Check ID AP: 7,360,691.85 Total for Entity: 7,360,691.85 User: KFINCHER - Karen Fincher Page: 24 Current Date: 09/28/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout ,~ ~ Time: 16:34:1 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount AP 00227728 9/14/2005 GRCASSOCIATES INC 1,700.00 AP 00227763 9/14/2005 NEC BUSINESS NETWORK SOLUTIONS INC 281.33 AP 00227780 9/14/2005 PRIZIO CONSTRUCTION INC 182,305.52 AP 00227780 9/14/2005 PRIZIOCONSTRUCTIONINC -18,230.55 AP 00227797 9/14/2005 SAN BERNARDINO COUNTY . 3,210,019.00 AP 00227840 9/15/2005 COUNTY RECORDER 30.00 AP 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC 32,654.82 AP - 00227846 9/21/2005 ACH MECHANICAL CONTRACTORS INC -3,265.48 AP - 00227853 9/21/2005 ALLSTAR FIRE EQUIPMENT INC 7.76 AP 00227861 9/21/2005 AZURADISC INC 966.73 AP 00227861 9/21/2005 AZURADISC INC 1,985.74 AP 00227865 9/21/2005 BANK OF NEW YORK, THE 1,590.00 AP 00227869 9/21/2005 BERGELECTRIC CORPORATION 72,540.26 AP 00227869 9/21/2005 BERGELECTRIC CORPORATION -7,254.02 AP 00227875 9/21/2005 C.W. DRIVER CONTRACTORS 111,377.00 AP 00227876 9/21/2005 CALIPORNIAREDEVELOPMENT ASSOCIATION 125.00 AP 00227894 9/21/2005 COSCO FIRE PROTECTION 132,442.20 AP 00227894 9/21/2005 COSCO FIRE PROTECTION -13,244.22 AP 00227895 9/21/2005 COSTAR REALTY INFORMATION IN~2 122.46 AP - 00227902 9/21/2005 CROWNER SHEET METAL 7,994.38 AP - 00227902 9/21/2005 CROWNER SHEET METAL -799.44 AP- 00227907 9/21/2005 D 7 CONSULTING INC 325.00 AP - 00227933 9/21/2005 FIRST CENTENNIAL BANK 3,265.48 AP- 00227935 9/21/2005 FOREMOST 294.16 AP- 00227954 9/21/2005 INLAND EMPIRE BUILDERS 17,489.17 AP - 00228007 9/21/2005 OFFICE DEPOT 26.59 AP- 00228007 9/21/2005 OFFICE DEPOT 143.07 AP - 00228029 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 4,680.00 AP - 00228029 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 408.00 AP - 00228029 9/21/2005 RANCHO CUCAMONGA CHAMBER OF COMMEt 408.00 AP - 00228045 9/21/2005 RMA GROUP 1,303.75 AP - 00228053 9/21/2005 SAFCO CAPITAL CORP 26,336.02 AP- 00228066 9/21/2005 SECOA INC 3,105.00 AP- 00228066 9/21/2005 SECOA INC -364.50 AP- 00228066 9/21/2005 SECOA INC 3,645.00 AP- 00228066 9/21/2005 SECOA INC -310.50 AP - 00228067 9/21/2005 SECURITY CAMERAS 2,906.03 AP - 00228067 9/21/2005 SECURITY CAMERAS 169.44 AP- 00228086 9/21/2005 STANDARD DRYWALL INC 378,838.57 AP - 00228086 9/21/2005 STANDARD DRYWALL INC -37,883.86 AP - 00228097 9/21/2005 TEMECULA MECHANICAL INC 27,211.53 AP- 00228097 9/21/2005 TEMECULA MECHANICAL INC -2,721.15 AP- 00228101 9/21/2005 TRADEMARK CONCRETE SYSTEMS INC 14,020.00 AP- 00228101 9/21/2005 TRADEMARK CONCRETE SYSTEMS INC -1,402.00 AP - 00228110 9/21/2005 UNITED STATES POSTAL SERVICE 150.00 AP- 00228120 9/21/2005 VERIZON 56.61 AP - 00228124 9/21/2005 W AND W STEEL COMPANY 169,041.74 AP - 00228124 9/21/2005 W AND W STEEL COMPANY 82,297.41 AP- 00228124 9/21/2005 W AND W STEEL COMPANY -8,229.74 AP- 00228124 9/21/2005 W AND W STEEL COMPANY -16,904.17 AP- 00228130 9/21/2005 WELLS FARGO BANK 185,837.00 AP- 00228140 9/21/2005 XEROX CORPORATION 340.49 Total for Check ID AP: 4,567,830.63 User: KFINCHER - Karen Fincher Page: I Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout '~ ~' Time: 16:39:5 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 9/14/2005 through 9/27/2005 Check No. Check Date Vendor Name Amount Total for Entity: 4,567,830.63 User: KFINCHER - Karen Fincher Page: 2 Current Date: 09/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC. CK: Agenda Check Register Portrait Layout .~ ~ Time: 16:39:5 R A N C H O C U c A M O N G A [ ] COMMUNITY Staff Report DATE: October 5, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst III SUBJECT: APPROVAL OF A RESOLUTION IN SUPPORT OF THE FREEDOM'S FLAME MEMORIAL AND APPROVAL OF CENTRAL PARK AS THE LOCATION OF THE WEST COAST MEMORIAL RECOMMENDATION: It is recommended that the City Council adopt the proposed Resolution in support of the Freedom's Flame Memorial and approval of Central Park as the location of the west coast memorial. BACKGROUNDIANALYSlS: On September 21, 2005, City Council voiced their support of the Freedom's Flame Memorial proposed by the Freedom's Flame Foundation. At that meeting the Council also approved the location of Central Park for the west coast memorial to be designed, manufactured and installed by the Freedom's Flame Foundation and directed staff to prepare a Resolution indicating such approval. The attached Resolution provides formal approval by Council of the Freedom's Flame project and identifies Central Park as the location for the west coast memorial. Respectfully submitted, McArdle ~ Community Services Director RESOLUTION NO. ~'- O 7 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALiFORNIA DESIGNATiNG CENTRAL PARK AS THE FUTURE LOCATION FOR THE FREEDOM'S FLAME MEMORIAL WHEREAS, on September 11, 2001, the United States experienced sudden and tragic loss of human life at the hands of foreign terrorists in New York, Washington, D.C. and Pennsylvania; and WHEREAS, the Freedom's Flame Foundation, a non-profit organization, was established to raise funds for the design and installation of two identical memorials that will be a remembrance of the tragic events of September 11th and pay tribute to those who displayed extraordinary courage in the face of overwhelming disaster; one memorial to be displayed on the west coast and one on the east coast; and WHEREAS, the Freedom's Flame Foundation, is committed to raising funds to pay for all costs associated with the design, manufacturing and installation of the City Council-approved design concept for the sculptures; and WHEREAS, the City Council of the City of Rancho Cucamonga on September 21, 2005, voted unanimously to reaffirm its previously stated offer to be the host for the west coast site for the Freedom's Flame Memorial, to support the Freedom's Flame Foundation efforts to build the Memorial and to designate a specific site in Central Park, indicated as Freedom's Flame Plaza in the agenda item exhibit which is part of the public record of the September 21, 2005, City Council meeting; and WHEREAS, the City Council of the City of Rancho Cucamonga believes that the Freedom Flame sculpture would be a meaningful addition to the future design of Central Park; and WHEREAS, in addition to the site designation, the City Council of the City of Rancho Cucamonga has authorized the Freedom's Flame Foundation to install a temporary informational sign regarding the upcoming memorial sculpture at Central Park, for a length of time to be determined by the City; and' WHEREAS, the Rancho Cucamonga Park and Recreation Commission will work with the Freedom's Flame Foundation in reviewing the design, location and timeframe for displaying the informational signage at Central Park, as well as other issues associated with the installation of the memorial at Central Park; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, the City of Rancho Cucamonga designates Central Park as the chosen site for the west coast Freedom's Flame Memorial. 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 P A R T M E N T Staff Report DATE: October 5, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dale B. Catron, City Facilities Superintendent SUBJECT: APPROVE PLANS AND SPECIFICATIONS FOR ROOF REPAIRS TO TIlE RANCIIO CUCAMONGA ANIMAL SHELTER IN TItE AMOUNT OF $10,000 FUNDED FROM ACCOUNT NUMBER 1025001-5602 {CAPITAL RESERVE) AND AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" AS APPROVED IN TItE FY 05/06 BUDGET RECOMMENDATION It is recommended that the City Council approve plans and specifications for roof repairs to the Rancho Cucamonga Animal Shelter in the amount of $10,000 funded from account number 1025001-5602 (Capital Reserve) and authorize the City Clerk to advertise the "Notice Inviting Bids" as approved in the FY 05/06 budget. . BACKGROUND/ANALYSIS Following some minor water intrusion, staff had requested and subsequently reviewed a report from our Roofing and Waterproofing Consultant outlining some remedial work required to repair the standing seam sheet metal roof as well as built up roofing areas .of the Animal 'Shelter. The current roof system on the building is original (1991) and as such requires periodic capital maintenance. This project does not replace the roofing system but does provide some repairs and updating to sheet metal connections and flashings. Engineer's estimate for this project is $10,000. Respectfully submitted, William J. 0 Neil City Engineer W JO:DC:jan RESOLUTION NO. t~ ~'*" ,~, ~;}b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIHCATIONS FOR ROOF REPAIRS TO THE RANCHO CUCAMONGA ANIMAL SHELTER AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ' ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga City Council to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga City Council has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga City Council be and are hereby approved as the plans and specifications for the "RANCHO CUCAMONGA ANIMAL SHELTER ROOF REPAIRS~'. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga City Council will receive at the OFFICE OF THE CITY CLERK IN THE OFFICES OF THE CITY OF RANCHO CUCAMONGA, ON OR BEFORE THE HOUR OF 2:00 P;M. ON NOVEMBER 1~ 2005~ sealed bids or proposals for "RANCHO CUCAMONGA ANIMAL SHELTER ROOF REPAIRS" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga City Council, California, marked, "RANCHO CUCAMONGA ANIMAL SHELTER ROOF REPAIRS~L A Pre-Bid Job Walk is scheduled for Wednesday, October 26, 2005, at 9:00 a.m. at the Rancho Cucamonga Animal Shelter, 11780 Arrow Highway, Rancho Cucamonga, California, 91730, where bidders may present questions regarding the Bid Documents: Plans, Proposals, Specifications. THIS MEETING IS MANDATORY. Verification of attendance at the Pre-Bid Job Walk will be documented by signing in at the meeting. Any bidder not documented as being present at the Pre-Bid Job Walk will be excluded from the bid process. Resolution No. Page 2 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character.in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, hs penalty to the City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provision of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: 1. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or 2. When the number of apprentices in training in the area exceeds a ratio of one to five, or 3. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or 4. When the Contractor provides evidence that he employs registered apprentices on'all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Resolution No. Page 3 Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at leadt ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the smplus, if'any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred pement (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a "Class C-39" (Roofing). In accordahce with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. Resolution No. Page d The Contractor, pursuant to the California Business and Professions Code, Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga City Council on file in the Office of the City Clerk at 10500.Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. · The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). - The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. Questions regarding this Notice Inviting Bids for "RANCHO CUCAMONGA ANIMAL SHELTER ROOF REPAIRS" may be directed to: Dale Carton, City Facilities Superintendent 10500 Civic Center Dr. Rancho Cueamonga, CA 91730 (909) 477-2700, ext. 4090 By order of the City Council of the City of Rancho Cucamonga, California. Dated this 5th day of October 2005. ADVERTISE ON: October 11, 2005 and October 18, 2005 TH E C I T Y OF I~AN Cli 0 CUC^~ONGA Staff:Report TO: Mayor, Members of the Gity Gouncil and Jack Lam, AICP, City Manager FROM: Trang Huynh, Building and Safety Official BY: Mark Salazar, Code Enforcement Supervisor Dawn Haddon, Purchasing Manager DATE: October 5, 2005 SUBJECT: AUTHORIZATION FOR THE PURCHASE OF ONE (1) GRAFFITI REMOVAL VEHICLE FROM DISPENSING TECHNOLOGY CORPORATION IN THE AMOUNT OF $100,673.60 AND AUTHORIZATION TO APPROPRIATE $83,673.60 INTO ACCOUNT NUMBERS 1244302-5604 (CAPITAL OUTLAY-VEHICLES) AND 1244000-4740 (GRANT INCOME) IN THE CODE ENFORCEMENT GRANT PROGRAM FUND AND $17,000.00 INTO ACCOUNT NUMBER 1001316-5604 (CAPITAL OUTLAY-VEHICLES) RECOMMENDATION It is recommended that the City Council authorize the purchase of one (1) Graffiti Removal Vehicle from Dispensing Technology Corporation in the amount of $100,673.60 and authorization to appropriate $83,673.60 into account numbers 1244302-5604 (Capital Outlay-Vehicles) and 1244000-4740 (Grant Income) in the Code Enforcement Grant Program (CEGP) Fund and $17,000 into account number 1001316-5604 (Capital Outlay-Vehicles). BACKGROUND/ANALYSI~ City Council approved the acceptance of the Code Enforcement Grant Program funds on February 3, 2004. The grant allowed for the purchase of this one (1) Graffiti Removal Vehicle. However, the funding available from the grant does not cover the full cost of the vehicle. Therefore, the grant is being supplemented by the Street and Park Maintenance budget in the City's General Fund. Purchasing prepared a formal Request for Proposal and sent out the bid to fourteen (14) vendors. One (1) vendor responded. After analysis of the bid response by the Fleet Maintenance Supervisor, it was determined that Dispensing Technology Page 2 Ju~y 6,2005 AUTHORIZATION FOR THE PURCHASE OF ONE (1) GRAFFITI REMOVAL VEHICLE FROM DISPENSING TECHNOLOGY CORPORATION IN THE AMOUNT OF $100,673.60 TO SE FUNDED FROM ACCOUNT NUMBER 1244-302-5604 Corporation met the specifications required by the Engineering Department, Fleet Division, for the Graffiti Removal Vehicle. The Purchasing Division has confirmed that the vendor will offer the vehicle at the submitted price. The Building and Safety Department therefore requests approval to purchase this one (1) Graffiti Vehicle from Dispensing Technology Corporation. Respectfully submitted, Trang Huynh Building and Safety Official -2- I~ A C H O C U C A M O N G A I' ..J ENGINEERING DEPARTM EN'F Staff Report DATE: October 5, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician SUBJECT: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAiNTENANCE DISTRICT NOS. 1 AND STREET LIGHTiNG MAiNTENANCE DISTRICT NOS. 1 AND 2 FOR 8198 AVENIDA VEJAR, LOCATED ON THE NORTH SIDE OF AVENIDA VEJAR EAST OF GROVE AVENUE RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2. BACKGROUND/ANALYSIS 8198 Avenida Vejar, located on the north side of Avenida Vejar east of Grove Avenue in the Low Residential District (2-4 dwelling units per acre), has applied for a building permit for a new 960 square foot room addition and 400 square foot garage to an existing single-family residence. The developer is required to fulfill certain conditions along with the normal processing. As part of those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance dis~et. The Consent and Waiver to Annexation forms signed by the developer are on file in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION, Wi[h/ff~n~ J. O'Neil City Engineer WJO:VC:pjb Attachments A VENIDA VELAR ARROW RT CITY OF nmi: ~,~ RANCHO CUCAMONGA TnT.,g: ~N~T~O~ ~G~~G D~ON ~: ~I~INITZ SO TIO O. 0 Z, f/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 8198 AVENIDA VEJAR (APN: 0207-161-09) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "72 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Acto of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XII1D of the Constitution of the State of California ("Article XII1D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of tho Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amount snot to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Terhtory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 8198 AVENIDA VEJAR ~ Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Ownei~s of the Property are: Dario Luna and Socorro Luna, husband and wife The legal description of the Property is: Lot 88, Tract 3113, County of San Bemardino, State of California, as per Map recorded in Book 43, Page 52-54 of Maps, in the office of the County Recorder of said County. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A~I 8198 AVENIDA VEJAR q~ EXHIBIT "A"- ~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE D/STRICT NOS. I AND 2 ARROWRT CITY OF RANCHO CUCAMOBIGA Nostril COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. I (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout thc City. These sites are not considered to be associated with any one particular area within the City, but rather benefit thc entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do thc City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit thc City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of thc facilities is assigned to the City-wide district. The sites maintained by thc district consist of street lights on arterial streets and traffic signals on arterial streets within thc rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund thc maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses thc residential area of the City west of Haven Avenue. It has been determined that thc facilities in this district benefit this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. B-1 8198 AVENff)A VEJAR q~ Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 8198 Avenida Vejar Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- SLD # 2 --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 --- *Existing items installed with original project Assessment Units by District Parcel DU or Acres S 1 S 2 L I 1 DU 1 1 1 B-2 8198 AVENIDA VEJAR ~:/~ Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 £or the fiscal year 2005/06. The £ollowing table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Family Parcel 7699 1.0 7951 $92.21 $733,161.71 Multi- Family Units 7091 0.5 3570 $92.21 $329,189.70 Comm/Ind. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (8198 Avenida Vejar) is: 1 SFR x 1 A.U. Factor x $92.21 Rate Per A.U. = $92.21 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessmem rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvn¢ Units Units Factor Units Unit Revenue Single Family Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Multi- Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (8198 Avenida Vejar) is: 1 SFR x 1 A.U. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment C-1 8198 AVENIDA VEJAR STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tv~ Units Units Factor Units Unit Revenue Single Family Parcel 6050 1.00 6050 $39.97 $241,818.50 Multi Family Unit 24 1.00 919 $39.97 $36,732.43 Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (8198 Avenida Vejar) is: 1 Parcel x 1 A.U. Factor x $39.97 Rate Per A.U. -- $39.97 Annual Assessment C-2 8198 AVENIDA VEJAR [~ A N C H O C U C A M O N G A ENGINEERING DEPARTMENT SlaffR port DATE: October 5, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: W' ' ' ' ' · llham J. O Nell, City Engineer BY: I Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAiNTENANCE DISTRICT NOS. 1 AND STREET LIGHTiNG MAiNTENANCE DISTRICT NOS. 1 AND 2 FOR 10117 26TM STREET, LOCATED ON THE SOUTH SIDE OF 26TM STREET EAST OF HERMOSA AVENUE RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ordering the 'annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2. BACKGROUND/ANALYSIS 10117 26th Street, located on the south side of 26th Street east of Hermosa Avenue in the Low Residential District (2-4 dwelling units per acre), has applied for a building permit for a new single- family residence. The developer is required to fulfill certain conditions along with the normal processing. As part of those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. ' The Consent and Waiver to Annexation forms signed by the developer are on file in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGiNEERING DIVISION William J. O Nell City Engineer WJO:SH:pjb Attachments Vicinity Map 10117 26th Street Annexation LMD 1, SLMD 1 & 2 so u ioN 6'- Z ZZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE - MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 10117 26TM STREET (APN: 0209-101-02) WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "72 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Acto of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstandin~ the such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenhnce Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Ten'itory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amount snot to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: ' The above recitals are all true and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hcrcby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 10117 26'm STREET Exhibit A Identification of the Owner and Description of the Property · To Be Annexed The Owners of the Property are: John Padilla and Monica Padilla, husband and wife, as joint tenants The legal description of the Property is: THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA: LOT 21, BLOCK 53, NORTH CUCAMONGA TOWN, AS PER PLAT RECORDED 1N BOOK 4 OF MAPS, PAGE 8, RECORDS OF SAID COUNTY. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 10117 26TM STREET Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do n?t represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by thc district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. Thc sites maintained by thc district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated, to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund thc maintenance and/or installation of street lights and traffic signals located on local streets throughout thc City but excluding those areas already in a local maintenance district. Generally, this ama encompasses thc residential area of the City west of Haven Avenue. It has been determined that thc facilities in this district benefit this ama of thc City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. B-1 10117 26T~ STREET Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 10117 26m Street Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # I ............... SLD # 2 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD# 1 ............ *Existing items installed with original project Assessment Units by District Parcel DU or Acres S 1 S 2 L 1 1 DU 1 1 1 B-2 10117 26T~ STREET ~ Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for thc fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Family Parcel 7699 1.0 7951 $92.21 $733,161.71 Multi- Units 7091 0.5 3570 $92.21 $329,189.70 Family Comm/lnd. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (10117 26th Street) is: 1 SFR x 1 A.U. Factor x $92.21 Rate Per A.U. = $92.21 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 £or the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Twe Units Units Factor Units Unit Revenue Single Family Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (i 0117 26th Street) is: 1 SFR x 1 A.U. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment C-1 10117 26~ra STREET ~ STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): Thc rate per assessment unit (A.U.) is $39.97 for the fiscal year 2005/06. The following table summarizes the assessment rate £or Street Light Maintenance District No. 2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit T',me Units Units Factor Units Unit Revenue Single Family Parcel 6050 1.00 6050 $39.97 $241,818.50 Multi Unit 24 1.00 919 $39.97 $36,732.43 Family Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (10117 26th Street) is: 1 Parcel x 1 A.U. Factor x $39.97 Rate Per A.U. -- $39.97 Annual Assessment C-2 10117 26Tn STREET T H C I T Y 0 F E , ~ '~ Staff Report DATE: October 5, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE ETIWANDA AREA MASTER PLAN FOR FY 2004~2005 AND APPROPRIATION OF $132,478.00 TO ACCOUNT 1116303-5650/1026116-0 RECOMMENDATION: It is recommended that the City Council approve an appropriation of $132,478.00 to account 1116303-5650/1026116-0 for Etiwanda Master Plan Drainage Reimbursement Agreements for FY 2004/2005. BACKGROUND/ANALYSIS: Etiwanda Master Plan Drainage Reimbursement Agreements are based on the net Etiwanda Drainage funds received each fiscal year. The remaining funds in the Etiwanda drainage Fund will be utilized for City projects. Annually, at the end of each fiscal year, after the City's financial books are closed, fifty percent (50%) of all Etiwanda Drainage fees collected during the fiscal year are set aside into a "planned drainage reimbursement fund." The developers who are required by the City to construct planned drainage facilities necessary for proper drainage of their subdivisions enter into a Reimbursement Agreement with the City. The planned drainage reimbursement fund is divided between all these developers with the numerator being the original reimbursement sum for the developer and the denominator is the totat of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. The total amount due to be reimbursed this fiscal year is $302,718.00. The budgeted amount is $170,240.00. This appropriation of $132,478.00 will cover the difference between these two amounts. Respectfully submitted, Willia/m J. O'Neil City Engineer WJO:DJ:sh T H E C I T Y 0 F RAN Cil 0 C U CAI~I 0 N GA Staff Report DATE: October 5,2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE GENERAL CITY AREA MASTER PLAN AND SANBAG CONTRACT NO. 03-036 FOR FY 2004/2005 AND APPROPRIATION OF $42,950.00 TO ACCOUNT 1112303-5650/1026112-0 RECOMMENDATION: It is recommended that the City Council approve an appropriation of $42,950.00 to account 1112303-5650/1026112-0 for General City Master Plan Drainage and SANBAG Contract Number 03-036 Reimbursement Agreements for FY 2004/2005. BACKGROUND/ANALYSIS: General City Master Plan Drainage Reimbursement Agreements are based on the net General City Drainage funds received each fiscal year. Annually, at the end of each fiscal year, after the City's financial books are closed, twenty-five percent (25%) of all General City Drainage fees collected during the fiscal year are set aside into a "planned drainage reimbursement fund." The developers who are required by the City to construct planned drainage facilities necessary for proper drainage of their subdivisions enter into a Reimbursement Agreement with the City. The planned drainage reimbursement fund is divided between all these developers with the numerator being the original reimbursement sum for the developer and the denominator is the total of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. SANBAG Contract Number 03-036 reimbursement is based on the net General City Drainage funds received each fiscal year. Starting with Fiscal Year 2003/2004, at the'end of each fiscal year, after the City's financial books are closed, fifty percent CITY COUNCIL STAFF REPORT Drainage Reimbursement for General City Area Master Plan October 5, 2005 Page 2 (50%) of all General City Drainage fees collected during the fiscal year are to be repaid to SANBAG. The contract reimbursement remains in effect until July 31, 2008, or until all funds are repaid, whichever is later. The total amount due to be reimbursed this fiscal year is $1,119,580.00. The budgeted amount is $1,076,630.00. This appropriation of $42,950.00 will cover the difference between these two amounts. Respectfully submitted, William J. O'Neil City Engineer WJO:DJ:sh I~ A C H O C U C A M O N G A I~ NGIN E ED1NG DE DAD?HI~NT Staff Report DATE: October 5, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Cam Amos, Assistant Engineer SUBJECt: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PUBLIC STREET IMPROVEMENTS, AND .ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR DEVELOPMENT REVIEW PROJECT DRC2003-01174, LOCATED ON THE NORTH SDE OF JERSEY BOULEVARD EAST OF WHITE OAK AVENUE AND WEST OF MILLIKEN AVENUE, SUBMITTED BY HD RANCHO CUCAMONGA ASSOCIATES, L.P. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions accepting the subject agreement and secnrities, and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 and authorizing the Mayor to sign said agreement. BACKGROUND/ANALYSIS Development Review Project DRC2003-01174, consisting of one new industrial building located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue in the Industrial Park District (Subarea 9), was approved by the Planning Commission on February 23, 2005. The Developer, HD Rancho Cucamonga Associates, L.P., is submitting an agreement, and security, to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond $110,300.00 Material and Labor Bond $ 55,150.00 CITY COUNCIL STAFF REPORT DRC2003 -01174 October 5, 2005 Page 2 Copies of the agreement and securities are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Respectfully submitted, J William J. O'Neil City Engineer WJO:CA:pjb Attachments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2003-01174 WHEREAS, development review project DRC2003-01174, submitted by HD Rancho Cucamonga Associates, L.P., and consisting of a new industrial building, located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue in the Industrial Park District (Subarea 9), was approved by the Planning Commission of the City of Rancho Cucamonga on February 23, 2005; and WHEREAS, all the requirements established as prerequisite to approval, by the City Council of said City have now been met by posting the Improvement Security by HD Rancho Cucamonga Associates, L.P., as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2003-01174 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape. Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation often/tory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the ten/tory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Ten/tory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent and Waiver to Annexation of Certain Real Property to a Maintenance District and Approval of the Levy of Assessments on Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territ6ry have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against' the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. 2 DRC2003-01174 ~ Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of thc Property is: H.D. Rancho Cucamonga Associates, L.P. The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described as follows: THAT PORTION OF THE SOUTH Va OF SECTION 12, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED SEPTEMBER 18, 1865, DESCRIBED AS FOLLOWS: COMMENCING AT A POiNT iN THE NORTH LINE OF THE SOUTH 986.04 FEET OF SAID SOUTH '/2 OF SECTION 12, WHICH POINT IS 3,207 FEET EAST OF THE CENTER LINE OF HAVEN AVENUE, SAri) POiNT ALSO BEING ON THE CENTER LINE OF VINCENT AVENUE, IF EXTENDED NORTHERLY AS SAID VINCENT AVENUE WAS CONVEYED TO THE COUNTY OF SAN BERNARDiNO BY DEEDS RECORDED JULY 7, 1967, IN BOOK 6833, PAGE 63, OF OFFICIAL RECORDS, AND AUGUST 2, 1967, IN BOOK 6866, PAGE 560, OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE CENTER LiNE OF ViNCENT AVENUE, 550 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 12, 480.02 FEET TO THE NORTHEAST CORNER OF THE PROPERTY CONVEYED TO M-2 LEASING CO., BY DEED RECORDED AUGUST 30, 1968, IN BOOK 7086, PAGE 260, OF OFFICIAL RECORDS. BEiNG ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTH, PARALLEL WITH THE NORTHERLY PROLONGATION OF THE CENTER LINE OF VINCENT AVENUE, 550 FEET TO THE NORTH LINE OF SAID SOUTH 986.04 FEET; THENCE NORTH 89 DEG. 59' 30" EAST ALONG THE NORTH LINE OF SAID SOUTH 986.04 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF THE PROPERTY CONVEYED TO MAURICE G. COVINGTON, A MARRIED MAN, BY DEED RECORDED DECEMBER 18, 1970, IN BOOK 7575, PAGE 533, OF OFFICIAL RECORDS; THENCE NORTH 0 DEG. 15' 40" WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 550 FEET, MORE OR LESS, TO THE EASTERLY PROLONGATION OF THE NORTHERLY LiNE OF THE SAID LAND CONVEYED TO M-2 LEASING CO. BY DEED RECORDED AUGUST 30, 1968, IN BOOK 7086, PAGE 260, OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID PROLONGATION TO THE TRUE POINT OF BEGINNiNG. APN: 0209-145-08-0-000 The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereofi A-1 DRC2003-01174 ~ Exhibit B To Description of the District Improvements Fiscal Yeal 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL) Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined .to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-1 DRC2003-01174 ~ Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: DRC2003-01174 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- 3 ......... SLD # 6 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 3B --- ...... 10 *Existing items installed with original project Assessment Units by Dis~ct Parcel DU or Acres S 1 S 6 L 3B I 5.9 11.8 5.9 5.9 B-2 DRC2003-0I 174 Exhibit C Proposed Annual Assessment Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL) The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Twe Units Units Factor Units Unit Revenue CommYlnd Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (DRC2003-01174) is: 5.9 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $2,081.52 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use I Init Tx, ne 1Jnits Units Factor Units Unit Revenue Single Family Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (DRC2003-01174) is: 5.9 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $209.69 Annual Assessment C-1 DRC2003-01174 ~ STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDI~STRIAL) The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Indus~al): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tv~e Units Units Factor Units Unit Revenue Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (DRC2003-01174) is: 5.9 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $303.26 Annual Assessment C-2 DRC2003-01174 ~ 7 R A N C H O C U C A M O N G A F , I ENGINEERING DEPAR, T~IE NT StaffRq rt DATE: October 5, 2005 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 OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004-00428, LOCATED ON THE SOUTH SIDE OF 8TM STREET, EAST OF HELLMAN AVENUE SUBMITTED BY OAKMONT RANCHO 8TM STREET, LLC ' RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving DRC2004- 00428, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS DRC2004-00428, located on the south side of 8th street, east of Hellman Avenue in the General Industrial District (Subarea #4) Development District, was approved by the Planning Commission on November 11, 2004 for the development of a 151,476 square foot industrial building on 8.25 acres of vacant land. The Developer, Oakmont Rancho 8th Street, LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $183,800.00 Labor and Material Bond: $ 91,900.00 CITY COUNCIL STAFF REPORT G & L Commercial, LLC October 5, 2005 Page 2 A letter of approval has been received from Cucarnonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Copies of the agreement and securities are available in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION William J. O'Neil City Engineer WJO:MB:pjb Attachments VICINITY MAP NOT TO SCALE ARROW 7TH ST. 212 City of Item: DRC2003-00428 Rancho Cucamonga Title: VICINITY MAP ENGINEERING EXHIBIT: 1_ DIVISION RESOLUTION NO. 0 ~'° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-00428 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Oakmont Rancho 8th Street as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the south side of 8th Street east of Hellman Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DRC2004-00428; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. 7/ RESOLUTION NO. ~ ,~'~ ~ ~ (~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004- 00428 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape' Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the p~eparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Mainten.ance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Ten-itory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against- the Territory in amount snot to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all tree and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. · SECTION 4: All future proceedings of the Maintenance Districts, including levy, of all assessments, shall be applicable to the Territory. 2 DRC2004-00428 7~ Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Oakmont Rancho 8th Street, LLC, a Delaware Limited Liability Company The legal description of the Property is: PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 10981, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 136 OF PARCEL MAPS, PAGE(S) 47 AND 48, RECORDS OF SAID COUNTY A.P.N. 209-171-59, 209-171-60, 2-9-171-61 A-1 DRC2004-00428 7~ EXHIBIT "A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DIsTRIcT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 DRC200 -00 28 BURLINGTON NORTHERN & SANTA FE RAILROAD P~ R CEL I PA E CKL ~ : PAR C~-L 3 ~ APN 0209-171-59-O000 ~ APN 0209-171-60-0000 APN 0209-171-6t-0000 ~ REMO~D -- P,M. 8. 13~/47--48 CITY OF RANCHO CUCAMONGA NORTII COUNTY OF SAN BERNARDINO 75 STATE OF CALIFORNIA ,DRC2.00¥- OOUrZl~- Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as 'such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-1 DRC2004-00428 7b Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: DRC2004-00428 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD # 6 6 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMI) # 3B ............ *Existing items installed with original project Assessment Units by District DU or Acres S 1 S 6 L 3B 8.25 Acres 2 1 1 B-2 DRC2004-00428 77 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tv~e Units Units Factor Units Unit Revenue Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (DRC2004-00428) is: 8.25 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $2,910.60 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. I (Arterial Streetg): it of it of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tyne Units Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (DRC2004-00428) is: 8.25 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $293.21 Annual Assessment C-1 DRC2004-00428 7~ STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of ' # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tw¢ Units Units Factor Units Unit Revenue Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property is: 8.25 Parcel x 1 A.U. Factor x $51.40 Rate Per A.U. = $424.05 Annufil Assessment C-2 DRC2004-00428 7~ I~ A N C H O C U C A M O N G A I ENGINEERING DEPART~IENT StaffR rt DATE: October 5, 2005 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 SUBJECr: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16644, LOCATED ON THE WEST SIDE OF BERYL STREET BETWEEN CIELITO AND MIGNONETTE SUBMITTED BY RANCHO MONTECITO HOLDINGS LLC RECOMMENDATION It is recommended that the City Council adopt thc attached resolutions approving Tract 16644, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tract 16644, located on thc west side of Beryl Street, south of 19m Street in the Low Medium Development District, was approved by the Planning Commission on February 11, 2004 for the division of 3.33 acres into 16 lots. The Developer, Rancho Montccito Holdings LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $170,300.00 Labor and Material Bond: $ 85,150.00 CITY COUNCIL STAFF REPORT Rancho Montecito Holdings LLC October 5, 2005 Page 2 A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Copies of the agreement and securities are available in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION William J. O'Neil City Engineer WJO:SH:pjb Attachments Vicinity Map City of Rancho Cucamonga -- ,LIIItlllll I I i J IIl[llllll --[llllllllllllll III 1½ Iq S TR 16644 A RESOLUTION OF THE CITY COUNCIL OF THE cITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16644, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 16644, submitted by Rancho Montecito Holdings LLC and consisting of sixteen (16) lots located on the west side of Beryl Street south of 19th Street was approved by the Planning Commission of the City of Rancho Cucamonga, on February 11, 2004, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 16644 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Cotmcil of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Rancho Montecito Holdings LLC, as developer; .and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE 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 Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 16644 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~) ~'~ ~ ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16644 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the.authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, ali of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 19.72 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amount snot to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all tree and correct SECTION 2:. This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel fi.om the Improvements. b. The proportional special benefit derived by each pamel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 TR 16644 ~:~ Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Rancho Montecito Holdings, LLC, a California Limited Liability Company The legal description of the Property is: BEING A SUBDIVISION OF A PORTION OF LOTS 8 AND 9 IN BLOCK 16 OF THE MAP OF TRACT OF LAND OF THE CUCAMONGA HOMESTEAD ASSOCIATION RECORDED IN BOOK 6 OF MAPS, PAGE 46, 1N THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. A~I TR 16644 ¢~ EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTING MA/NTENANCE DISTRICT NOS. ! AND 2 CITY OF RANCHO CUCAMONGA ~o~t~-~! COUNTY OF SAN BERNARDINO ~ ff STATE OF CALIFOF?N~a Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, pascos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout thc City. Thc facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with thc maintenance and/or installation of thc facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout thc City but excluding those areas already in a local maintenance district. Generally, this area.encompasses the residential area of the City west of Haven Avenue. It has been determined that thc facilities in this district benefit this area of thc City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. B ~ 1 TR 16644 Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: TR 16644 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ...... SLD # 2 7 --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 -._ 1250 .__ 31 *Existing items installed with original project Assessment Units by District Parcel D.U. or Acres S 1 S 2 L 1 16 D.U. 16 16 16 B-2 TR 16644 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2005/06. The £ollowing table summarizes the assessment rate for Landscape Maintenance District No. 1 (General.City): # of Rate Per # of Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Family Parcel 7699 1.0 7951 $92.21 $733,161.71 Multi- Family Units 7091 0.5 3570 $92.21 $329,189.70 Corem/Ind. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (TR 16644) is: 16 D.U. x 1 A.U. Factor x $92.21 Rate Per A.U. = $1,475.36 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. Thc following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 21,151 1.00 21,15l $17.77 $375,853.27 Multi- Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (TR 16644) is: 16 D.U. x 1 A.U. Factor x $17.77 Rate Per A.U. = $284.32 Annual Assessment C-1 TR 16644 STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): Thc rate per assessment unit (A.U.) is $39.97 for the fiscal year 2005/06. Thc following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 6050 1.00 6050 $39.97 $241,818.50 Multi Family Unit 24 1.00 919 $39.97 $36,732.43 Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (TR 16644) is: 16 D.U. x 1 A.U. Factor x $39.97 Rate Per A.U. -- $639.52 Annual Assessment C-2 TR 16644 R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: October 5, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Maria Perez, Associate Engineering? Richard Oaxaca, Engineering Techn"~bi~n ~ SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $235,100.00 TO THE APPARENT LOW BIDDER, ALL AMERICAN ASPHALT, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $23,510.00 FOR THE BASE LINE ROAD PAVEMENT REHABILITATION FROM HERMOSA AVENUE TO VALENCIA AVENUE, TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 11763035650/1469176-0 AND APPROPRIATE $5,000.00 TO SUPPLEMENT CONSTRUCTION SURVEY AND SOILS/MATERIALS TESTING TO ACCOUNT NO. 11763035650/1469176-0 FROM MEASURE I FUND BALANCE 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 $235,100.00 to the apparent Iow bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $23,510.00, for the Base Line Road Pavement Rehabilitation from Hermosa Avenue to Valencia Avenue, to be funded from Measure I funds, Account No. 11763035650/1469176-0 and appropriate $5,000.00 to supplement construction survey and soils/materials testing to Account No. 11763035650/1469176.0 from Measure I fund balance. BACKGROUND/ANALYSIR Per previous Council action, bids were solicited, received and opened on September 13, 2005, for the subject project. The Engineer's estimate was $279,301.00. 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. The Base Line Road Pavement Rehabilitation from Hermosa Avenue to Valencia Avenue scope of work consists of saw cutting, removal of existing asphalt concrete, cold milling, crack sealing, CITY COUNCIL STAFF REPORT Re: Accept Bids Received and Award Contract for the Base Line Pavement Rehabilitation from Hermosa Avenue to Valencia Avenue October 5, 2005 Page 2 asphalt concrete paving, rubberized asphalt overpay, and curb and gutter construction. The contract documents call for twenty-five (25) working days to complete this construction. Respectfully submitted, Wil ~l~am J. O'Neil City Engineer WJO:MP/RO:Is Attachment BID-SUMMARY FOR BID OPENING SEPTEMBER 13, 2005 A~'~'~RE~VrLO~/awvER BASE LINE ROAD PAVEMENT REHABILITATION FROM ENGINEERS COST HERMOSA AVENUE TO VALENCIA AVENUE ESTIMATE All American Asphalt Silvia Construction, Inc. NO 9TV UmT I~SCR~PT~ON Vmr I S~O VNeT I VNeT COST AMOUNT COST i AMOUNT COST AMOUNT 1. 1 LS Mobilization $20,000.00 $20,000.00 $11,188.6(3 $11,188.60 $3,500.00[ $3,500.00 2. 80 TONS Asphalt Concrete Pavement including sawcutting and removal of existing $i 10.00 $8,800.00 $91.00 $7,280.0/3 $159.00 $12,720.00 3. 4191 SY Cold Plane 0.10' $3.00 $12,570.00 $0.66 $2,765.40 $1.20 $5,028.00 4. 363( SY Variable Cold Plane 0.00' to 0.12' $2.90 $10,527.00 $0.66 $2,395.80 $1.20 $4,356.00 5. 1970 SY Variable Cold Plane 0.I0' to 0.12' $3.20 $6,304.00 $0.66 $1,300.20 $1.20 $2,364.0/] 6. 8 EA Adjust Manhole Frame & Cover to Finish Grade $400.00 $3,200.00 $250.00 $2,000.00 $690.00 $5,520.00 7. 18 EA Adjust Water Valve Box & Cover to Finish Grade $250.00 $4,500.00 $185.0(3 $3,330.00 $38.00 $684.00 8. 2240 TONS Overlay 0.12' to 0.15' Asphalt Rubber Hot Mix (ARHM) including weed kill, crack seal and rock dust blotter $80.00 $179,200.00 $72.00 $161,280.00 $80.00 $179,200.00 9. 120 LF Construct P.C.C. Curb & Gutter to match existing including $54.00 sawcutting and removal of existing $40.00 $4,800.00 $6,480.00 $29.00 $3,480.00 10. 320 SF Construct P.C.C. Spandrels including sawcutting and removal of existing $20.00 $6,400.00 $29.00 $9,280.00 $14.00 $4,480.00 11. 25 EA Install Inductive Loop Detectors $300.00 $7,500.00 $200.00 $5,000.00 $195.00 $4,875.0/3 12. LS Traffic Striping and Signage $4,000.00 $4,000.00 $9,I00.00 $9,100.00 $9,295.00 $9,295.00 13. 1 LS l'raffic Control $10,000.00 $10,000.00 $12,300.00 $12,300.00 $7,100.00 $7,100.00 14. 2 EA Construction Advance Notification Signs $750.00 $1,500.00 $700.00~ $313.00 $626.00 TOTAL $279,301.00 $235,100.00 $243,228.00 ,~ Page 1 BID SUMMARY FOR BID OPENING SEPTEMBER 13, 2005 BASE LINE ROAD PAVEMENT REHABILITATION FROM ~ __HERMOSA AVENUE TO VALENCIA AVENUE H~. R.J. N~ Laird Construction Co. COST COST] AMO_~UNT 1. 1 LS Mobilization $9,500.001 $9,500.00 $8,500.00 $8,500.00 $35,562.50 $35,562.5C I 2. 80 TONS Asphalt Concrete Pavement including sawcutting and $135.00 removal of existing $10,800.00 $150.00 $12,000.00 $100.00 $8,000.013 3. 4190 SY Cold Plane 0~10' $1.19 $4,986.1(~ $1.30 $5,447.0C $1.35 $5,656.50 4. 3630 SY Variable Cold Plane 0.00' to 0.12' $1.45 $5,263.50 $1.60 $5,808.0(~ $1.65 $5,989.50 5. 1970 SY Variable Cold Plane 0.10' to 0.12' $1.60 $3,152.00 $1.70 $3,349.00 $1.85 $3,644.50 6. 8 EA Adjust Manhole Frame & Cover to Finish Grade $250.00 $2,000.00 $400.00 $3,200.00 $275.00 $2,200.00 7. 18 EA Adjust Water Valve ]Box & Cover to Finish Grade $50.00 $900.00 $100.00 $1,800.00 $50.00 $900.00 8. 2241 TONS Overlay 0.12' to 0.15' Asphalt Rubber Hot Mix (ARHM) including weed kill, crack seal and rock dust blotter $73.50 $164,640.0~3 $84.00 $188,160.00 $75.00 $168,O00.0C 9. 120 LF Construct P.C.C. Curb & Gutter to match existing including sawcutting and removal of existing $54.50 $6,540.00 $50.00 $6,000.00 $75.00 $9,000.00 10. 320 SF Construct P.C.C. Spandrels including sawcutting and removal of existing $18.50 $5,920.00 $19.00 $6,080.0~3 $30.00 $9,600.00 11. 25 EA Install Inductive Loop Detectors $185.00 $4,625.00 $200.00 $5,000.00 $215.00 $5,375.00 i2. L$ Traffic Striping and Signage $9,300.00 $9,300.00 $10,000.00 $I0,000.0'0 $10,000.00 $10,000.00 13. 1 LS traffic Control $15,500.00 $15,500.0E $I 1,000.00 $11,000.00 $7,500.00 $7,500.00 14. 2 EA Construction Advance Notification Signs $700.00 $1,400.013 $1,000.00 $2,000.00 $1,000.00 $2,000.00 TOTAL $244,526.60 $268,344.00 ~ {~ Page 2 BID SUMMARY FOR BID OPENING SEPTEMBER 13, 2005 BASE LINE ROAD PAVEMENT REHABILITATION FROM Sully-Miller Contra_cting __ __ HERMOSA AVENUE TO VALENCIA AVENUE Ge~, Inc. Corn a__~p_.~y~ N~O QT~ ~ ~ UNIT BIO CORRECTE-~'~ UNIT ~ COST I AMBieNT AMOUNT COST i AMOUNT 1 LS Mobilization $35,000.00 $35,000.001 $35,000.00 $11,797.50' $11,797.50 2. 80 TONE Asphalt Concrete Pavement including sawcutting and removal of existing $100.00i $8,000.00 $8,000.00 $160.00 $12,800.00 3. 4190 SY Cold Plane 0.10' $1.30 $5,447.00 $5,447.00 $1.30 $5,447.00 4. 3630 SY Variable Cold Plane 0.00' to 0.12' $1.20 $4,356.00 $4,356.0{] $1.60 $5,808.00 5. 1970 SY Variable Cold Plane 0.10' to 0.12' $1.35 $2,659.50 $2,659.50 $1.75 $3,447.50 6. 8 EA Adjust Manhole Frame & Cover to Finish Grade $250.00 $2,000.00 $2,000.00 $300.00 $2,400.0C 7. 18 EA Adjust Water Valve Box & Cover to Finish Grade $10.00 $180.00 $180.00 $250.00 $4,500.00 8. 2240 TONS Overlay 0.12' to 0.15' Asphalt Rubber Hot Mix (ARHM) including weed kill, crack seal and rock dust blotter $81.00 $181,440.00 $181,440.00 $95.00 $212,800.00 9. 120 LF Construct P.C.C. Curb & Gutter to match existing including $7,200.00 $55.00 sawcutting and removal of existing $60.00 $7,200.0C $6,600.00 10. 320 SF Construct P.C.C. Spandrels including sawcutting and removal of existing $12.00 $3,840.00 $3,840.00 $25.00 $8,000.00 11. 25 EA Install Inductive Loop Detectors $250.00 $6,250.00 $6,250.00 $200.00 $5,000.00 12. 1 LS Traffic Striping and Signage $10,000.0{] $10,000.00 $10,000.00 $9,500.00 $9,500.0{] 13. 1 LS l'raffic Control $10,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 14. 2 EA Construction Advance Notification Signs $600.00 $1,200.00 $1,200.0{] $450.00 $900.00 TOTAL $277,592.50 $277,572.50 ~0 Page 3 ~3NSF RR 8~'H ST 6TH ST ATH S~ ONTARIO C1~-¥ LIMIT PROJECT CITY OF RANCHO CUCAMONGA ~ VICINITY MAP - BASELINE ROAD REHABILITATION FROM HERMOSA AVE TO VAI,ENCIA AVE NTS R A C H O C U C A M O N G A I I COMMUNITY SERVICES Slaff Report DATE: October 5, 2005 TO: Mayor and Members of the City Council FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst III SUBJECT: APPROVAL OF AN AGREEMENT WITH JOAN BRANIN, PH.D. AND HARRIET ARONOW, PH.D. TO CONDUCT A SENIOR TRANSPORTATION NEEDS ASSESSMENT AND APPROVAL TO APPROPRIATE AND AUTHORIZE FUNDING FOR THE STUDY IN THE AMOUNT OF $18,200 (TO BE FUNDED FROM ACCOUNT NUMBER 12504015300/5005180-1640) RECOMMENDATION: To approve an agreement with Joan Branin, Ph.D. and Harriet Aronow, Ph.D. to conduct a senior transportation needs assessment and to approve and appropriate funding for the study in the amount of $18,220 (to be funded from account number 12504015300/5005180-1640). BACKGROUND/ANALYSIS: As senior transportation was one of the goals adopted by City Council this past year, a needs analysis is proposed to provide an understanding of the number of older adults who require transportation to meet their basic needs as well as a projection of need for future services. The proposed study includes a mail survey to all older adults who are 60+ using the latest voter registration list (approximately 11,000 senior citizens age 60+ in our community) that will be sent out by the City. In addition, 100 homebound seniors will be recruited to participate in the study from two-city sponsored program (the homebound nutrition program and LINK) and older adults living in congregate care facilities will be interviewed at their homes. An additional 100 adults 75 years or older, who live alone may telephoned interviewed if this age category is underrepresented in the mail survey results. City Council October 5, 2005 Approval of Agreement for a Senior Transportation Needs Assessment Page 2 To assist staff in the design of the survey instrument and the analysis of the data collected through the study, the services of two local researchers, both of whom have extensive experience in survey design and analysis as well as gerontology have been identified. On September 21, 2005, staff met with the City Council Community Services Subcommittee, comprised of Mayor Pro Tern Williams and Councilmember Spagnolo, and briefed them on the proposal for the senior transportation needs assessment. The Subcommittee concurred with staff's recommendation for the scope of the study and stressed the importance of achieving a good representation of results from homebound seniors. Therefore, it is recommended that the City Council approve the attached agreement with Joan Branin, Ph.D. and Harriet Aronow, Ph.D. to conduct a senior transportation needs assessment and to approve, appropriate and authorize funding for the study in the amount of $18,200 (to be funded from account number 12504015300/5005180-1640). Kevin Mc^rdle Community Services Director Attachment ~ :~MMSERVtC~unci~&B~ardst~ity~unci~Sta~Rep~rtst2~5tSeni~rTransp~tNeedsAssessment~ 10,05.05. doc Summary of Rancho Cucamonga Assessment of Transportation Needs of Older Adults Proposal Submitted by Joan Branin, PhD, and Harriet Aronow, PhD Purpose The purpose of the transportation needs assessment is to provide an understanding of the number of older adults who require transportation to meet their basic needs now and projections for the future; what types of transportation are preferred; likely ridership; and projected costs of the alternative transportation solutions. Population Older adults who are 60 years or older residing in the City of Rancho Cucamonga. According to the 2000 US Census, there are 10,980 adults over the age of 60 in Rancho Cucamonga. Proposed Methods Plan A: ^ mail survey to all older adults who are 60 years or older using the latest voter registration list (approximately 15,000) will be sent by the City of Rancho Cucamonga. In addition, 100 homebound older adults recruited from two-city sponsored programs (home delivered meals and LINK) and adults living in congregrate care facilities will be interviewed in person in their home. An additional 100 adults 75 years or older living alone may be telephoned interviewed if underrepresented. Plan B: Same as above except that the consultants will assemble and mail out the surveys. Plan C: A population-based telephone interview of a stratified sample of 700 older adults who are 60 years or older will be randomly selected from the most recent voter registration list. In addition, 100 homebound older adults recruited from two-city sponsored programs (home delivered meals and LINK) and adults living in congregrate care facilities will be interviewed in person in their home. An additional 100 adults 75 years or older living alone may be tele. phoned interviewed if underrepresented. Surveys The mail, telephone, and in person interview survey will be designed by consultants Budget Plan A: $18,220 (approx) Plan B: 28,070 Plan C: 28,633 R A N C H O C U C A M O N G A F ~ N C IN [~I~D IN G D ~ Pfll~ TM ~ N T Staff Report DATE: October 5, 2005 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 Techn'j~n SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $345,086.00 TO THE APPARENT LOW BIDDER, R.J. NOBLE COMPANY, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $34,508.60 FOR THE ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM BASE LINE ROAD TO 19TM STREET, TO BE FUNDED FROM TRANSPORTATION FUNDS, ACCOUNT NO. 11243035650/1371124-0 AND APPROPRIATE $400,000.00 (CONTRACT AWARD OF $345,086.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $34,508.60 PLUS CONSTRUCTION SURVEY AND SOILS/MATERIALS TESTING IN THE AMOUNT OF $20,405.40) TO ACCOUNT NO. 11243035650/1371124-0 FROM TRANSPORTATION FUND BALANCE 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 $345,086.00 to the apparent Iow bidder, R.J. Noble Company, and authorize the expenditure of a 10% contingency in the amount of $34,508.60, for the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19th Street, to be funded from Transportation funds, Account No. 11243035650/1371124-0 and appropriate $400,000.00 (Contract award of $345,086.60 plus 10% contingency in the amount of $34,508.60 plus construction survey and soils/materials testing in the amount of $20,405.40) to Account No. 11243035650/1371124_0 from Transportation fund balance. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on September 13, 2005, for the subject project. The Engineer's estimate was $296,833.00. 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: Accept Bids Received and Award Contract for the Archibald Avenue Pavement Rehabilitation from I Base Line Road to 19th Street October 5, 2005 Page 2 The Archibald Avenue Pavement Rehabilitation from Base Line Road to 19~h Street scope of work consists of cold milling, removal and replacement of badly degraded areas, overlay of existing pavement with asphalt rubber hot mix; construction of curb, gutter and catch basins; adjusting manholes, gas and water valves; and replacement of inductive traffic detector loops, re-striping and pavement markings. The contract documents call for thirty (30) working days to complete this construction. Respectfully subm tted, William J. O'Neil City Engineer WJO:CH/RO:Is Attachment BID SUMMARY FOR BID OPENING SEPTEMBER 13,2005 ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM ENGINEERS COST _.__._BASE LINE ROAD TO 19TH STREET ESTIMATE N.~_.~O ~ UNIT DESCRIPTION UNIT ! BID U N'~T' ~ UNIT COST ~MOUr~T COST I ^~oo~r cost ^rnOVN'r 1. LS Clearing and grubbing, including all miscellaneous i ~ removals, excavations, grading and disposal $15,000.00 $15,000.00 $33,000.00 $33,000.00 $24,736.80 $24,736.80 2. 2497 TONS Asphalt rubber hot mix, including crack sealing and ] pavement preparation $60.00 $149,820.00 $76.00! $189,772.00 $71.00 $177,287.00 3. 1123 TONS Asphalt Concrete $43.00 $48,289.00 $59.00 $66,257.00 $62.00 $69,626.0G 4. 5704 SY Cold Planing $1.50 $8,556.00 ' $1.75 $9,982.00 $1.80 $10,267.20 5. 39 EA Adjust to grade (water valves, gas valves} $200.00 $7,800.00 $45.00 $1,755.00 $185.00 $7,215.00 6. 26 EA Adjust manholes to grade $400.00 $10,400.0G $215.00 $5,590.00 $250.00 $6,500.00 Catch basin V=2.22' and W--3.5', including manhole frame 7. 1 LS cover and local depression case "A", per Standard Drawing $3,000.00 $3,000.00 $8,000.00 $8,000.00 $8,200.00 $8,200.00 No. 300, 308 and 307 and detail 8. 444 LF 8 curb and 24 gutter per City Standard Drawing No. 104 A2-8 $22.00 $9,768.00 $20.00 $8,880.00 $22.00 $9,768.00 9. 1 LS Striping, pavement markings $20,000.00 $20,000.00 $10,750.00 $10,750.00 $10,300.00 $10,300.00 10. 22 EA Install inductive loops $350.00 $7,700.00 $200.00 $4,400.00 $200.00 $4,400.00 11. 1 LS Install signs. (2ea. Measure I Construction Notification Sign and 1 ea. W41 Sign) $1,500.00 $1,500.00 $1,500.00 $1,500.00 $2,300.00 $2,300.00 12. 1 LS Traffic Control $15,000.00 $15,000.00 $5,200.00 $5,200.00 $19,200.00 $19,200.00 1~ TOTAL $296,833.00 $345,086.00 $349,800.0C Pa~e 1 BID SUMMARY FOR BID OPENING SEPTEMBER 13,2005 ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM __ __ _____BASE LINE ROAD TO 19TH STREET Silvia Construction, Inc. Ha~er, Inc. Sequel Contractors, Inc. COST _~ AMOUNT__ COST I AMOUNT COST ~AbIOUNT 1. 1 LS Clearing and grubbing, including all miscellaneous $45,000.00 $26,870.00~ removals, excavations, grading and disposal $40,160.00~ $40,160.0(3 $45,000.00 $26,870.00 2. 2497 TONS Asphalt rubber hot mix, including crack sealing and $74.00 $84.00 ~avement preparation $76.00i $189,772.00 $184,778.00 $209,748.00 3. 1123 TONS Asphalt Concrete $61.00 $68,503.00 $58.00 $65,134.00 $70.012 $78,610.00 4. 5704 SY Cold Planing $1.20 $6,844.80 $1.72 $9,810.88 $2.00 $11,408.00 5. 39 EA Adjust to grade (water valves, gas valves) $21.00 $819.013 $50.00 $1,950.00 $170.00 $6,630.00 6. 26 EA Adjust manholes to grade $210.00 $5,460.00 $260.00 $6,760.00 $180.00 $4,680.00 Catch basin V=2.22' and W=3.5', including manhole frame, 7. 1 LS cover and local depression case "A", per Standard Drawing $4,815.00 $4,815.00 $7,000.00 $7,000.00 $5,000.00 $5,000.00 No. 300, 305 and 307 and detail 8. 444 LF 8 curb and 24 gutter per C~ty Standard Drawing No. 104 A2-8 $21.50 $9,546.00 $17.50 $7,770.00 $18.50 $8,214.00 9. 1 LS Striping, pavement markings $10,800.00 $10,800.0C $10,400.00 $10,400.00 $13,000.00 $13,000.0~3 10. 22 EA Install inductive loops $195.00 $4,290.00 $200.00 $4,400.00 $170.00 $3,740.00 1., 1 LS Install signs. (2ea. Measure I Construction Notification Sign and 1 ea. W41 Sign) $632.00 $632.00 $2,300.00 $2,300.0¢ $1,000.00 $1,000.00 12. 1 LS Traffic Control $9,000.00 $9,000.00 $20,000.00 $20,000.00 $12,000.00 $12,000.00 .,~ ,. TOTAL $350,641.812 $365,302.88 $380,900.0C Pa~ 2 BID SUMMARY FOR BID OPENING SEPTEMBER 13,2005 ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM Laird Construction Co. Sully-Miller Contracting BASE LINE ROAD TO 19TH STREET Gentry Brothers, Inc. Inc. Company NE QT¥ UNIT DESCRIPTION UNIT I UNIT UNIT COST i AMOUNT COST]AMOUNT COST I AMOUNT 1. 1 LS Clearing and grubbing, including all miscellaneous removals, excavations, grading and disposal $68,400.00] $68,400.0C $55,725.60 $55,725.60 $63,000.00] $63,000.00 2. 2497 TONg Asphalt rubber hot mix, including crack sealing and I $89.00 lavement preparation $80.00 $I99,760.00 $75.00 $187,275.00 $222,233.00 I I 3. 1123 TONS Asphalt Concrete $54.00 $60,642.00 $65.00 $72,995.00 $63.00 $70,749.0(3 4. 5704 SY Cold Planing $1.3(3 $7,415.20 $1.85 $10,552.40 $2.00 $11,408.00 5. 39 EA Adjust to grade (water valves, gas valves) $10.00 $390.0E $210.00 $8,190.00 $75.00 $2,925.00 6. 26 EA Adjust manholes to grade $250.00 $6,500.00 $230.00 $5,980.00 $400.00 $10,400.00 Catch basin V--2.22' and W=3.5', including manhole frame, 7. 1 LS cover and local depression case "A", per Standard Drawing $8,000.00 $8,000.00 $10,000.00 $10,000.00 $6,850.00 $6,850.00 No. 300, 305 and 307 and detail 8 ...... $25.00 8. 444 LF curd ana 24 gutter per City Standard Drawing No. 104 A2-8 $11,100.00 $42.50 $I8,870.00 $30.00 $13,320.00 9. LS Striping, pavement markings $14,000.00 $14,000.0(3 $11,500.00 $11,500.00 $13,000.00 $13,000.00 10. 22 EA Install inductive loops $250.00 $5,500.00 $215.00 $4,730.00 $235.00 $5,170.00 I 1. 1 LS Install signs. (2ea. Measure I Construction Notification Sign and 1 ea. W41 Sign) $1,400.00 $1,400.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 12. 1 LS Traffic Control $10,000.00 $10,000.00 $7,500.00 $7,500.00 $25,000.00 $25,000.0/3 TOTAL $393,107.20 $395,818.00 $445,555.00 VICINITY MAP ~OJECT SITE V/CTORIA ST. (Bi,~ u~ RD. ?0 lOTH ST.) R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT StaffR ort DATE: October 5, 2005 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~..~-~' SUBJECT: APPROVAL OF A LICENSE AGRE=EMEN~ BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), FOR THE UNDERGROUND CROSSING OF 48" RCP STORM DRAIN AND LATERALS, LOCATED IN HAVEN AVENUE EASTERLY OF DAKOTA AVENUE IN THE CiTY OF RANCHO CUCAMONGA ON THE BALDWIN PARK BRANCH AT MILE POST 523.91 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the License Agreement between the City and SANBAG, and authorizing the City Clerk to attest and the Mayor to sign the agreement, for the underground crossing of a 48" RCP storm drain and laterals located in Haven Avenue easterly of Dakota Avenue on the Baldwin Park Branch at Mile Post 523.91. BACKGROUND/ANALYSIR Execution of this agreement is required by SANBAG for the installation, maintenance and repair of a 48" RCP storm drain with two storm drain laterals and appurtenant structures within the SANBAG right-of-way. When completed, Haven Avenue will be striped for three lanes in each direction from Base Line Road to the 210 Freeway. This project was funded from Transportation funds, Account No. 11243035650/1406124-0. Respectfully submitted, William J. O'Neil City Engineer W JO:CH Attachments: Vicinity Map Resolution Construction and Maintenance Agreement HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENTS FROM BASE l.r~lE ROAD TO NORTH OF 19TH ~T~:~rr CITY OF RANCHO CUCAMONGA ~ VICINITY MAp ',i. i'. AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), FOR THE UNDERGROUND CROSSING OF 48" RCP STORM DRAIN AND LATERALS, LOCATED IN HAVEN AVENUE EASTERLY OF DAKOTA AVENUE IN THE CITY OF RANCHO CUCAMONGA ON THE BALDWIN PARK BRANCH AT MILE POST 523.91 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration an Agreement between the City of Rancho Cucamonga and San Bernardino, Associated Governments (SANBAG), for the underground crossing of 48" RCP storm drain and laterals, located in Haven Avenue easterly of Dakota Avenue in the City of Rancho Cucamonga on the Baldwin Park Branch at mile post 523.91 WHEREAS, the Agreement is for the installation, maintenance and repair of a 48" RCP storm drain and laterals within SANBAG right of way and are part of the City's Haven Avenue Street and Storm Drain Project from Baseline Road to the 210 Freeway: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Agreement between SANBAG and City for the installation, maintenance and repair of a.48" RCP storm drain and laterals be hereby approved and the Mayor is hereby authorized to sign said Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. R A C H O C U C A M O N G A StaffR ort DATE: October fi, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 16335, LOCATED ON THE EAST SIDE OF EAST AVENUE, NORTH OF BASE LINE ROAD, SUBMITTED BY KB HOME GREATER LOS ANGELES INC. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk-to sign said agreement. ' BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 16335 were approved by the City Council on August 18, 2004, in the following amounts: Faithful Performance Bond: $269,400.00 Labor and Material Bond: $134,700.00 Monumentation Cash Deposit $ 2,870.00 The size and complexity of the project has prevented the completion of the improvements. The developer, KB Home Greater Los Angeles Inc., is requesting approval of a 12-month extension on said improvement agreement. Copies ol the Improvement Agreement Extension are available in the City Clerk's office. Res. pect~Jvely submitted, ~- City Engineer WJO:TCH Attachments 09/15/2005 13:16 909802114i KB HOME INLAND PAGE 02 September 15, 2005 Mr, Dan James, Senior Civil Engineer Engineering Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Extension of Improvement Agreement for Tract 16335 Dear Mr. James: KB Home requests an extension of the Improvement Agreement for Tract 16335. The request is necessary in order to complete both in-tract and off site improvements. The size and complexity of the proiect has prevented the completion of the improvements within the one year stipulated in the Improvement Agreement. Thank you for your consideration in this matter. If you have any questions, please contact me at {909) 618-1449. Sincerely yours KB HOME Greater L~os Angeles Inc. ~ III HIGHLAND AVF'NUE VICTORIA STREET PRO~ECT BASE UNE '~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16335 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 5, 2005, by KB Home Greater Los Angeles Inc., as developer, for the improvement of public right-of-way adjacent to the real properly specifically described therein, and generally located on the east side of East Avenue, north of Base Line Road; and WHEREAS, the installation of such improvements, described in said .Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16335; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement E~(tension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. l~ NGINE Ei~IN C, DE ~Ai~TYlI~N T Staff Report DATE: October 10, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 16421, LOCATED ON THE SOUTH SIDE OF WILSON AVENUE BETWEEN HERMOSA AVENUE AND MAYBERRY STREET, SUBMITTED BY SHONE AND SHERRY WANG RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSI,~ Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 16421 were approved by the City Council on September 15, 2004, in the following amounts: Faithful Performance Bond: $161,100.00 Labor and Material Bond: $ 80,550.00 Monumentation Cash Deposit $ 2,800.00 The Architect was unavailable to finish corrections resubmitted to the City. The developer, Shone and Sherry Wang, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectively submitted, , William J. O'Neil City Engineer WJO:TCH Attachments //¢ Pine Street. San Gabriel, Ca 91776 420 S. Tel: (626) 642-0600 Fax: (626) 642-0599 September 6, 2005 Tasha Hunter The City of Rancho Cucamonga 10500 Civic Center Dr., P. O. Box 807, Rancho Cucamonga, Ca 91729-0807 Re: Tract #16421 - 10213-10217 Wilson Ave., Rancho Cucamonga Subject: Request for Improvement Agreement Extension Dear Tasha Hunter: Thank you for your sending us the Improvement Agreement Extension Form. As we know the subject property Improvement Agreement will be expiring in this month. The reason to file our Improvement Agreement Extension Form is that our Architect is taking a vacation and cannot to finish the correction resubmit to the City on time. Therefore, please schedule our request to file an extension on the next City Council Meeting. Enclosed please find a check in the amount of $298.00 and three hard copies of the Notarized Improvement Agreement Extension Form for processing our request. Should you have any questions, please do not hesitate to contact us. Thank you! Respectfully, Shone Wang, P.E. ' SW/jc Encl.: A Check Improvement Agreement Extension Form 1/5 HILLSIDE RD , ~LSON AIL i BANYAN ST. rth ...... CTTY OF NORVa RANCHO CUCAMONGA ~TEM: 7'r-,4 . Ak TITLE: · ~. ~/1~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16421 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 10, 2005, by Shone and Sherry Wang, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the.south side of Wilson Avenue between Hermosa Avenue and Mayberry Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16421; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. R A C H O C U C A M O N G A ~NGINEZI~ING DEPArTMeNT DATE: October 5, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer Kevin McArdle, Community Services Director BY: Karen McGuire-Emery, Senior Park Planner SUBJECT: APPROVAL TO ACCEPT THE RANCHO CUCAMONGA CENTRAL PARK LANDSCAPE AND IRRIGATION PROJECT FROM AMERICAN LANDSCAPE INC., AS COMPLETE; AUTHORIZE THE FILING OF A NOTICE OF COMPLETION; APPROVE A SETTLEMENT AGREEMENT IN THE AMOUNT OF $305,000; RELEASE THE FAITHFUL PERFORMANCE BOND; AND ACCEPT THE MAINTENANCE BOND RECOMMENDATION That the City Council accept, as complete, the Rancho Cucamonga Central Park Landscape and Irrigation Project, located at 11200 Base Line Road, on the northwest comer of Base Line Road and Milliken Avenue; authorize the City Engineer to file a Notice of Completion; approve a Settlement Agreement in the amount of $305,000; and, authorize the City Clerk to release the Faithful Performance Bend and accept a Maintenance Bond. BACKGROUND On March 3, 2004, the City awarded a public works contract to American Landscape, Inc., for the Central Park Senior Center and Community Center Landscape Irrigation and Planting Project. It was necessary to award the landscape and irrigation portion of the Central Park improvements separately from the rest of the Central Park improvements due to the delay in availability of the State Park Bond Act money, which funded the landscape portion of the project. Unfortunately, American Landscape's performance on the project was delayed by the completion of the Central Park Senior Center and Community Center Project by Douglas E. Barnhart, and the landscape and irrigation improvements were not substantially completed until October 1, 2005. The attached settlement agreement for the project includes additional costs incurred by American Landscape due to the completion delays, including increased union labor costs, increased supervision costs, additional bonding costs and additional equipment rental costs. In addition, the City crrY COUNCIL STAFF REPORT ACCEPTANCE OF RANCHO CUCAMONGA LANDSCAPE AND IRRIGATION PROJECT OCTOBER 5, 2005 PAGE 2 has agreed to accept full and final responsibility for those areas that are still under maintenance by the Contractor. It is therefore recommended that in addition to approving the attached settlement agreement, the City Council accept the improvements from American Landscape as complete, authorize the City Engineer to file a Notice of Completion for the work. and authorize the City Clerk to release the Faithful Perfom~ance Bond, and accept a Maintenance Bond for the project. Respectfully~,L~ .~_~~ submitted. ~~ William J. O Neil K ' cArdle City Engineer Community Services Director attachment COMPENSATION CLOSE-OUT, RELEASE AND SETTLEMENT AGREEMENT This Compensation Close-Out, Release and Settlement Agreement (this "Agreement") is made and entered by and between American Landscape, Inc. ("Contractor") and the City of Rancho Cucamonga (the "City"). Contractor and the City are collectively referred to herein as the "Parties." RECITALS 1. On March 3, 2004, the City awarded a public works contract (the "Contract") entitled "Central Park Senior Center and Community Center Landscape Irrigation and Planting" (the "Project") based upon the City's determination that Contractor was the lowest responsible and responsive bidder. The original contract price was $1,419,799.30. The original agreed-upon completion date for the Project was November 22, 2004, and prior to the execution of this Agreement, the last agreed-upon completion date for the Project was November 22, 2004. 2. Contractor's performance on the project was delayed by the completion of another public works project for the City entitled "Central Park Senior Center and Community Project." (the "Underlying Project"). Douglas E. Barnhart, Inc. ("Bamhart") was the general contractor on the Underlying Project. 3. The Project was substantially completed on or about October 1, 2005~ Contractor claims that delays to the completion of the Project was caused by delays to the completion of the Underlying Project. Specifically, because of the delays to the progress and completion of the Underlying Project, Contractor alleged increased union labor costs, increased supervision costs, additional cost for an arborist mobilization, rehydoseed costs, and additional equipment rental costs, and additional bonding costs totaling $511,028 (the "Claim"). While acknowledging that delays to Contractor's performance of the Project were solely caused by the lack of timely progress and completion of the Underlying Project, the City disputed the total amount of compensation that Contractor was entitled to receive for such delays. The claims and disputes set forth in this Recital 3 hereof are collectively referred to as the "Dispute". 4. The Parties have agreed to reach a full and conclusive settlement of all · ~..~.~; ..... .~; ......... k~,.~. ............ ..~ ~ .... k .....;~..~ .... he Dispute, as well as a settlement of disputed dates of timely completion of the Project. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties hereto that as of the date this Agreement shall have been executed by all of the Parties hereto, all claims, contentions, and allegations which are contained or alleged in the Dispute, are to be compromised and settled without any admission of liability or concession by any of the Parties that the contentions of any of the other Parties is correct, on the following terms: A. Within ten (10) days of the full execution of this Agreement, the City shall promptly forward to Contractor a fully negotiable check made payable to "American Landscape, Inc." in the amount of Three Hundred and Five Thousand Dollars ($305 000 00) e, ....... · .......... j.-,,t, Contractor agrees that the City's delivery of this negotiable check to Contractor, subject to the check clearin.q the bank, constitutes the City's full payment obligations under this Agreement, the Contract, ~r otherwise, for the Dispute. City and Contractor acknowedRe that other sums remain due Contractor under the Contract, includ n.q retention and moneys for chan.qe ordem unrelated to the Dispute, and nothin,q contained in this a.qreement is intended as waiver of the obli.qation of the City to pay such sums. B. As a part of this Agreement, the City agrees to accept full and final responsibility for the maintenance of all areas of the work, including those areas still under the care and maintenance of Contractor. Such acceptance shall become effective on the date of City Ccun~ilCouncil approval of this Agreement. C. Notwithstanding any provision in this Agreement, this Agreement shall not be construed in any way as a waiver, compromise, or reduction of the City's rights in law or equity under the Contract, or the City's right to seek compensation and/or relief 2 for any warranty claims, or any claims arising out of or related to faulty or deficient workmanship, labor and/or materials provided for the Project. D. This Agreement shall serve as a full release and discharge by Contractor on behalf of itself, its principals, officers, agents, representatives, assigns, employees, administrators, subcontractors, trustees, heirs, beneficiaries, and successors in interest (collectively the "Releasing Parties"), in consideration of the mutual covenants and promises contained herein, of the City, the members of its City Council, and the City's officers, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest, from all claims or cross- claims and from all causes of action, including those for damages, refunds, compensation, interest, injunctive or declaratory relief, or for relief by way of wdt of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, for the claims that !t hoc cr "..c~','Id hcvc cccc.'tcd informed the subject of the Dispute. E. Contractor acknowledges that the City seeks to recover the sums paid to Contractor in this Agreement from Barnhart. Contractor agrees to cooperate in the City's prosecution of its claim against Bamhart, including but not limited to providing, if requested by the City, documents, testimony, declaration(s) in support of the City's claims against Bamhart. The City agrees to defend, indemnify, protect and hold Contractor's principals, officers, agents, representatives, assigns, employees harmless from any and all expenses, claims, costs of suit, actions, legal fees, judgments, or other claims, causes or action, or awards, which may be claimed by Barnhart arising out of the City's attempt to recover the payment made to Contractor in this Agreement. F. The Releasing Parties hereby acknowledge that the payment in Section A hereof constitutes the City's full payment and the Releasing Parties' satisfaction of any claim of delay, extended overhead and profit, accrued interest, or otherwise, with respect to the Preje~tDispute. 3 G. Each of the Parties acknowledges that this Agreement relates to the settlement of the Dispute. The Parties, therefore, agree that this Agreement is not to be construed as an admission of liability by either of the Parties to the Agreement. H. Contractor and City hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The waiver of Civil Code ,Iii 1542 shall only apply to the scope of thc releases described in this Aqreement. I. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty and ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California. J. If any action is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to this entire Agreement. K. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non- representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all 4 the facts and circumstances with respect to the matters which are the subject of this Agreement. L. Contractor represents and warrants that no portion of any claim or cause of action which it has or might have arising out of the matters referred to herein, nor any portion of any recovery or settlement to which Contractor might be entitled, has been assigned or transferred to any other person, entity, firm or corporation not a party to this Agreement, in any manner, including by way of subrogation or operation of law or otherwise. In the event that any claim, demand, or suit is made or instituted against the City because (1) Contractor made an actual assignment or transfer, (2) of a stop notice action instituted and prosecuted by any of Contractor's subcontractors, Contractor agrees to defend, indemnify and hold the City harmless against such claim, and to pay and satisfy any such claim, including necessary expenses of investigation, reasonable attorneys' fees and costs. M. This Agreement contains all of the terms and conditions agreed upon by the Parties= with reference to the Dispute. No other agreements, oral or otherwise, shall be deemed to exist or to bind any of the Parties hereto. No representative of any of the Parties hereto had or has any authority to make any representation or promise not reflected or contained in this Agreement, and each of the Parties acknowledges that he, she or it has not executed this Agreement upon any such promise. This Agreement cannot be modified or changed except by written instrument signed by all the Parties. N. If any portion, provision, or part of this Agreement is held, determined or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision or part shall be severed from the remaining portions, provisions or parts of this Agreement, and shall not affect the validity or enforceability of such remaining portions, provisions or parts. O. Each of the Parties agrees to take, or cause to be taken, all action and to do, or cause to be done, all things necessary, proper or advisable under applicable laws and regulations to consummate and make effective the terms and conditions of this Agreement. P. This Agreement. may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to constitute one and the same document. IN WITNESS WHEREOF, the Parties have executed this Agreement on the latest of the dates set forth below. American Landscape, Inc. DATED: __., 2005 By: President [Signatures continued] City of Rancho Cucamonga DATED: ,2005 By: Title: ATTEST City Clerk 6 so tmo q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA CENTRAL PARK LANDSCAPE AND IRRIGATION PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Rancho Cucamonga Central Park Landscape and Irrigation Project, 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. TH E CITY OF l~AN CH 0 C U CA H ON C,A S fReport DATE: October 5, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: , Michael Diaz, Senior Planner SUBJECT: CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION AMENDING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 94-01 AND ENTERTAINMENT PERMIT 91-03 FOR MARGARITA BEACH, LOCATED AT 9950 FOOTHILL BOULEVARD - APN: 1077-621-34 BACKGROUND/ANALYSIS: On September 21, 2005 the majority of the City Council voted to continue the above-mentioned appeal hearing from the October 5, 2005 meeting to its regularly scheduled meeting on November 2, 2005. The rescheduling of the hearing date was permitted to allow additional time for the appellant to prepare for the hearing. CORRESPONDENCE: On September 22, 2005, this appeal hearing was advertised for the October 5, 2005 agenda in the Inland Valley Daily Bulletin newspaper. Notice for the new hearing date will be provided to the appellant and surrounding property owners prior to the meeting. Acting City Planner DC:MD: TH E CiTY OF ~ I ]~AN C H 0 CIICA H 0 N GA Staff Report TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager BY: Kimberly S. Thomas, Management Analyst Ill DATE: October 5, 2005 SUBJECT: CONSIDERATION OF A RESOLUTION OF THE ,CITY COUNCIL CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY ADELPHIA CABLEVlSlON OF INLAND EMPIRE, LLC TO TIME WARNER NY CABLE LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE, INC. RECOMMENDATION It is recommended that the City Council consider and approve the proposed assignment Resolution for the Franchise by Adelphia Cablevision of Inland Empire, LLC to Time Warner NY Cable LLC, which, upon the closing of the purchase transaction, will be an indirect subsidiary of Time Warner Cable, Inc. BACKGROUND The process of a Franchise Transfer is a complex undertaking with thousands of pages of documents that must be reviewed and analyzed. At the core of the process is the City's role in reviewing the FCC 394, (which the filing required by the Federal Communications Commission FCC for transfer---with a time limit of a 120 days). In accordance with Section 7.02.020(F) of Chapter 7.01 of Title 7 of the Rancho Cucamonga Municipal Code, the City "has the right to review and to approve the financial, technical, and legal qualifications of the Transferee in connection with the proposed assignment of the Franchise." Accordingly, our Municipal Code Section 7.02.020 (F) notes: "...if the legal, financial, and technical qualifications of the applicant are satisfactory, the City will consent to the transfer of the franchise. The consent of the City to that transfer will not be unreasonably denied or delayed..." (Excerpt). The City's cable attorney and staff have reviewed the documentation that accompanied FCC Form 394 and based upon the representations in that documentation has concluded that Time Warner has the requisite financial, technical, and legal qualifications to adequately perform, or to ensure the performance of all obligations required of the Franchisee under the Franchise, and that the Transferee will be bound by all existing terms, conditions, and obligations of the Franchise as it currently exists or as it may be modified or superseded by the parties prior to the closing of the Adelphia purchase transaction. ANALYSIS A Summary of the 120-Day Transfer Process and Analysis is Noted Below: · On June 14, 2005: We received the letter (dated June `10, 2005) from Mr. Roger Keating of Time Warner Cable, Inc., that provided the required FCC Form 394 describing the proposed "Adelphia to TWNY Transaction." The City received the FCC Forms and forwarded them to our Cable Attorney, William (Bill) Rudell in the City Attorney's Office the day after receipt. · On July 13, 2005: Our Attorney then completed a preliminary review of the FCC Form 394 and the accompanying exhibits that were submitted, and forwarded a response to the Time-Warner counsel. The response noted that our Counsel needed additional information and clarification to facilitate a complete analysis. It also reiterated our commitment to continuing review of the legal, financial, and technical qualifications of the entities within the `120-day period as provided by law. · On July 25, 2005: Time Warner Cable provided clarification for further analysis (copies of the related documents are attached for your reference). The documents are voluminous, but the key excerpt our Attorney recommends from the hundreds of pages are: pp. (i) - (v), from the "Applications and Public Interest Statement" submitted to the FCC on May '18, 2005. This summary provides a good overview of the proposed transactions and of the public interest from Time-Wamer's perspective. · August 25, 2005: The analysis was completed by our Cable Attorney after a selective review the voluminous documents that were submitted with the FCC Form 394, as well as the supplemental documents that were provided on July 25, 2005. This review did not disclose any significant negative information that would preclude the City Council from determining that Time Warner NY Cable, LLC, has the "financial, technical, and legal qualifications" to perform, or to ensure the performance of all of the obligations imposed by the existing cable television franchise agreement with Adelphia Cablevision of Inland Empire, LLC. · September 15, 2005: A briefing session was held with the Telecommunications Subcommittee with Attorney for the City, Bill Rudell, and Kristy Hennessey, Vice President of Government Relations, Los Angeles Division for Time Warner Cable present. At the meeting, the Telecommunications Subcommittee, comprised of Council Members Dennis Michael and Sam Spagnolo discussed the proposed transfer of assignment. At the Subcommittee meeting two minor advisories were noted by our Attorney: (1) Time Warner NY Cable, LLC, is a new entity with no history related to the ownership and operation of cable television franchises. Consequently, the "Assignment and Assumption Agreement and Guarantee of Assignee's Obligations" relating to the transaction are attached as "Exhibit A" to the transfer Resolution. It will require that Time Warner Cable, Inc., guarantee the franchise obligations of Time Warner NY Cable, LLC, its indirect subsidiary that will become the City's new franchised cable operator upon the closing of the transaction. This has been resolved by the Guarantee attached to the Resolution. (2) The question was raised concerning the requirement reimbursement obligation related to the cost of the transfer process. It has been assured that such costs are required to be cover by Time Warner Cable, per the Rancho Cucamonga Municipal Code Section 7.02.020(F). -2- The Subcommittee also requested rate and channel comparisons and assurances on customer service: (1) The Subcommittee's key concern was for the approximately 2,000 customers who are currently served by ^delphia and will be transferred to Time Warner Cable. This key information has been provided by Time Warner Cable and is included in the attachments. As is common with different providers, there are channel differences, and there is a difference of .90¢ on the most common package of cable services (Basic plus Expanded--noted below). Service Adelphia Time Warner Broadcast Basic $16.00 $11.56 Expanded Basic $32.00 $37.34 Basic+Expanded $48.00 $48.90 After the briefing and discussion, the Telecommunications Subcommittee Members Dennis Michael and Sam Spagnolo offered their approval and recommendation. CONCLUSION It is recommended that the Council approve the attached Resolution--as Time Warner Cable, Inc., or its subsidiary, Time Warner NY Cable, LLC, meet the requirements to meet the obligations imposed by the existing cable television franchise agreement with Adelphia Cablevision of Inland Empire, LLC. Respectfully submitted, as Management Analyst III Attachments - Transfer Resolution (includes Exhibit A & Schedule 1) - Time Warner's Rancho Cucamonga Channel & Rate Comparison (Sept. 2005) - City of Rancho Cucamonga Cable Provider Area Map - Municipal Code Section 7.02.020 Franchise Terms and Conditions (Excerpt) - Time Warner FCC 394 Filing (Dated 6/10/05--Rec. 6114105) (Excerpt) - City of Rancho Cucamonga Cable Attorney Response (7/13/05) - Time Warner Attorney Response (7/25/05) -"Applications and Public Interest Statement" pp. (i)-(v), (Submitted to the FCC on 5/18/05) (Excerpt) Records Note: A full set of Larger Time Warner Transfer Documents is kept on file in the City Clerk's Office and the City Manager's Office (Time Warner Supplied via CD-ROM.) Informational Note: A Time Warner Cable System Information / Marketing Packet is Available on the Dais for the City Council -3- CITY OF RANCHO CUCAMONGA SAN BERNARDINO COUNTY, CALIFORNIA RESOLUTION NO. ~)~--" (:~ q 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY ADELPHIA CABLEVISION OF 1NLAND EMPIRE, LLC TO TIME WARNER NY CABLE LLC, AN 1NDIRECT SUBSIDIARY OF TIME WARNER CABLE INC. RECITALS: A. Adelphia Cablevision of Inland Empire, LLC ("Franchisee"), is the authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Rancho Cucamonga ("Franchise Authority"). B. On April 20, 2005, Time Warner NY Cable LLC ("TWNY"), an indirect subsidiary of Time Warner Cable Inc., and Comcast Corporation ("Comcast"), each entered into separate definitive agreemems to acquire, collectively, substantially all of the assets of Adelphia Communications Corporation ("Adelphia") for a total of $12.7 billion in cash (of which TWNY will pay $9.2 billion and Comcast will pay the remaining $3.5 billion) and 16% of the comm~an stock of Time Warner Cable Inc. At the same time that Comcast and TWNY entered into the agreements to purchase Adelphia's assets, Time Warner Cable Inc., Comcast, and their respective subsidiaries also agreed to swap certain cable systems to enhance their respective geographic clusters of subscribers ("Cable Swaps"). The asset purchase transaction by TWNY that includes the City's cable franchise is not, however, dependent upon the consummation of the Cable Swaps transaction, nor upon certain redemption transactions whereby Time Warner Cable Inc., the parent company of TWNY, will redeem Comcast's 17.9 percent equity interest in Time Warner Cable Inc. in exchange for $1.9 billion in cash plus 100 percent of the common stock of a Time Wamer Cable subsidiary that will own cable systems located in four states other than California. C. On June 14, 2005, the Franchise Authority received from the Franchisee and from Time Warner NY Cable LLC ("Transferee"), an application for the assignment of the existing Franchise. This application included FCC Form 394 titled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." Supplemental information was provided to the Franchise Authority by the Transferee on July 25, 2005. D. In accordance with Section 7.02.020(F) of Chapter 7.01 of Title 7 of the Rancho Cucamonga Municipal Code, the Franchise Authority has the right to review and to 1123 l-O!04\836362v2.doc 9/29/05/~ approve the financial, technical, and legal qualifications of the Transferee in connection with the proposed assignment of the Franchise. E. The staff of the Franchise Authority has reviewed the documentation that accompanied FCC Form 394 and, based upon the representations set forth in that documentation, has concluded that the proposed Transferee has the requisite financial, technical, and legal qualifications to adequately perform, or to ensure the performance of, all obligations required of the Franchisee under the Franchise, and that the Transferee will be bound by all existing terms, conditions, and obligations of the Franchise as it currently exists or as it may be modified or superseded by the parties prior to the closing of the asset purchase transaction described above in Recital (B). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESOLVES AS FOLLOWS: Section 1. In accordance with Section 7.02.020(F) of Chapter 7.01 of Title 7 of the Rancho Cucamonga Municipal Code, the Franchise Authority consents to and approves the proposed assignment of the Franchise by Adelphia Cablevision of Inland Empire, LLC to Time Warner NY Cable LLC, which, upon the closing of the asset purchase transaction, will be an indirect subsidiary of Time Warner Cable Inc., and will be qualified to conduct business as a limited liability company in the State of California. Section 2. The authorization, consent and approval of the Franchise Authority to the proposed assignment is conditioned upon compliance by the Franchisee or the Transferee with the following requirements: (a) Within 60 days after the adoption of this resolution, the Franchisee and the Transferee will execute and file in the office of the City Clerk an "Assignment and Assumption Agreement" in substantially the form attached to this resolution as Exhibit A. The Mayor is authorized to execute that document and thereby evidence the written consent of the Franchise Authority to the assignment and assumption of all rights and obligations under the Franchise. (b) An original or conformed copy of the written instrument evidencing the closing and consummation of the asset purchase transaction involving the proposed assignment of the Franchise must be filed in the office of the City Clerk within 60 days after that closing and consummation. (c) Regardless of whether the asset pumhase transaction described in the FCC Form 394 actually closes, the Franchise Authority will be reimbursed for all costs and expenses reasonably incurred by the Franchise Authority in processing and evaluating the information relating to the proposed assignment of the Franchise; provided, however, that those costs and expenses will not exceed the sum of $2,500 and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, to the Franchisee and the Transferee within 45 days after the effective date of this Resolution. The Franchisee or the Transferee must pay to the Franchise Authority the total amount set forth in that itemized statement within 30 days after the date of the statement. 2 I 123 l-O104\836362v2.doc 9/29/05 Section 3. If the conditions set forth above in paragraphs (a) and (c) of Section 2 are not satisfied within the period of time specified in each of those paragraphs, then the authorization and consent of the Franchise Authority to the proposed assignment as provided for in this resolution will be revoked and rescinded without further action by the Franchise Authority, and the FCC Form 394 application will be denied in all respects. In such event, the City Manager is authorized and directed to give written notice to all affected parties of that revocation and rescission, which will be deemed to be without prejudice to the right of those parties to submit a new FCC Form 394 to the Franchise Authority if required by the Franchise or local ordinance. Section 4. The City Clerk is directed to transmit a certified copy of this resolution to the following persons: Mr. Roger Keating, President Los Angeles Division Time Warner Cable Inc. 959 South Coast Drive, Suite 300 Costa Mesa, CA 92626 Brad M. Sonnenbe?g, Esq. Executive Vice President, General Counsel and Secretary Adelphia Communications Corporation 5619 DTC Parkway Denver, CO 80111 Section 5. The City Clerk is directed to certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of ., 2005. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 3 11231-0104\836362v2.doc 9/29/05 EXHIBIT A ASSIGNMENT AND ASSUMPTION AGREEMENT AND GUARANTEE OF ASSIGNEE'S OBLIGATIONS (CABLE TELEVISION FRANCHISE AGREEMENT) THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is entered into this __ day of ,2005, between Adelphia Cablevision of Inland Empire, LLC, a Delaware limited liability company ("Assignor"), Time Warner NY Cable LLC, a Delaware limited liability company ("Assignee"), and the City of Rancho Cucamonga, a California municipal corporation ("Franchise Authority"). RECITALS: A. Assignor is the authorized holder of a franchise that authorizes the construction, operation, and maintenance of a cable television system within the City of Rancho Cucamonga, California. B. Subject to the prior consent of the Franchise Authority, Assignor desires to assign to Assignee, and Assignee desires to assume, effective as of the closing of the asset purchase transaction described in the FCC Form 394 as filed with the Franchise Authority on June 14, 2005 (the "Closing") all fights, duties, and obligations under the cable television franchise agreement between the Franchise Authority and the Assignor ("Franchise Agreement") as it currently exists or as it may be modified or superseded by the parties prior to the Closing. THE PARTIES AGREE AS FOLLOWS: 1. Effective as of the Closing, Assignor assigns and transfers to Assignee all of Assignor's rights, duties, and obligations under the Franchise Agreement. 2. Effective as of and contingent upon the occurrence of the Closing, Assignee covenants and agrees with Assignor and with the Franchise Authority to assume all rights and to assume and perform all duties and obligations of the Assignor under the Franchise Agreement. The Franchise Authority reserves any and all fights with respect to any non-compliance issues that may exist prior to the Closing, and Assignee reserves any and all rights and defenses with respect to any such non-compliance issues. 3. Franchise Authority consents to the assignment and transfer by Assignor to Assignee of all rights, duties, and obligations specified in the Franchise Agreement, contingent upon the execution by Time Warner Cable Inc., as guarantor, of the "Guarantee of Assignee's Obligations" that is attached as Schedule 1 to this Agreement. 4. This Agreement will become operative and enforceable upon the closing of the asset purchase transaction described in the FCC Form 394 as filed with the Franchise Authority on June 14, 2005. A-1 I 1231-0104\836362v2.doc 9/29/05 TO EFFECTUATE THIS AGREEMENT, the parties have caused this Assignment and Assumption Agreement to be executed by their duly authorized representatives as of the date set forth below the authorized signature. "ASSIGNOR" ADELPHIA CABLEVISION OF ORANGE COUNTY, LLC, a Delaware limited liability company By:. (authorized officer) Title: APPROVED AS TO FORM: Date: Legal Counsel "ASSIGNEE" TIME WARNER NY CABLE LLC, a Delaware limited liability company By:. (Authorized Officer) Title: APPROVED AS TO FORM: Date: Legal Counsel "FRANCHISE AUTHORITY" CITY OF RANCHO CUCAMONGA APPROVED AS TO FORM: By:. Mayor Date: City Attorney ATTEST: City Clerk A-2 11231-0104\836362v2.doc 9/29/05 /c~ ~ SCHEDULE 1 to ASSIGNMENT AND ASSUMPTION AGREEMENT AND GUARANTEE OF ASSIGNEE'S OBLIGATIONS GUARANTEE GUARANTEE, dated as of _, 2005, made by TIME WARNER CABLE 1NC., a Delaware corporation ("Guarantor"), in favor of the City of Rancho Cucamonga, California, ("Beneficiary"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce Beneficiary to timely consent to the transfer of the cable television franchise issued by Beneficiary and currently held by Adelphia Cablevision of Inland Empire, LLC (the "Franchise") to Time Warner NY Cable LLC ("Transferee") in accordance with the Federal Communications Commission Form 394 filed by Transferee, Guarantor agrees as follows: I. Interpretive Provisions. A. The words "hereof," "herein" and "hereunder" and words of similar import, when used in this Guarantee, shall refer to this Guarantee as a whole and not to any particular provision of this Guarantee, and section and paragraph references are to this Guarantee unless otherwise specified. B. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. II. Guarantee. A. Effective upon the close of the asset purchase transaction, Guarantor unconditionally and irrevocably guarantees to Beneficiary the timely and complete performance of all Transferee obligations under the Franchise (the "Guaranteed Obligations"). The Guarantee is an irrevocable, absolute, continuing guarantee of payment and performance, and not a guarantee of collection. If Transferee fails to pay any of its monetary Guaranteed Obligations in full when due in accordance with the terms of the Franchise, Guarantor will promptly pay the same to Beneficiary or procure payment of same to Beneficiary. Anything herein to the contrary notwithstanding, Guarantor shall be entitled to assert as a defense hereunder any defense that is or would be available to Transferee under the Franchise or otherwise. A-3 I 1231-0104\836362v2.doc 9/29/05 /dO B. This Guarantee shall remain in full force and effect until the earliest to occur of: (i) performance in full of all Guaranteed Obligations at a time when no additional Guaranteed Obligations remain outstanding or will accrue to Transferee under the Franchise; and (ii) subject to any required consent of the Beneficiary, any direct or indirect transfer of the Franchise from Transferee to (or direct or indirect acquisition of Transferee or any successor thereto by (whether pursuant to a sale of assets or stock or other equity interests, merger or otherwise)) any other person or entity a majority of whose equity and voting interests are not beneficially owned and controlled, directly or indirectly, by Guarantor. Upon termination of this Guarantee in accordance with this Section II(B), all contingent liability of ~ Guarantor in respect hereof shall cease, and Guarantor shall remain liable solely for Guaranteed Obligations accrued prior to the date of such termination. III. Waiver. Guarantor waives any and all notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Beneficiary upon this Guarantee or acceptance of this Guarantee. Guarantor waives diligence, presentment, protest and demand for payment to Transferee or Guarantor with respect to the Guaranteed Obligations; provided, however, that Guarantor shall be furnished with a copy of any notice of or relating to default under the Franchise to which Transferee is entitled or which is served upon Transferee at the same time such notice is sent to or served upon Transferee. IV. Representations and Warranties. Each of Guarantor and Beneficiary represents and warrants that: (i) the execution, delivery and performance by it of this Guarantee are within its corporate, limited liability company or other powers, have been duly authorized by all necessary corporate, limited liability company or other action, and do not contravene any law, order, decree or other governmental restriction binding on or affecting it; and (ii) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by it of this Guarantee, except as may have been obtained or made, other than, in the case of clauses (i) and (ii), contraventions or lack of authorization, approval, notice, filing or other action that would not, individually or in the aggregate, impair or delay in any material respect such party's ability to perform its obligations hereunder. V. Binding Effect. This Guarantee, when executed and delivered by Beneficiary, will constitute a valid and legally binding obligation of Guarantor, enforceable against it in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency or other similar laws applicable to creditors' rights generally and by equitable principles (whether enforcement is sought in equity or at law). VI. Notices. All notices, requests, demands, approvals, consents and other communications hereunder shall be in writing and shall be deemed to have been duly given and made if served by personal delivery upon the party for whom it is intended or delivered by registered or certified mail, return receipt requested, or if sent by Telecopier, provided that the telecopy is promptly confirmed by telephone confirmation thereof, to the party at the address set forth below, or such other address as may be designated in writing hereafter, in the same manner, by such party: A-4 11231-0104\836362v2.doc 9/29/05 /~ / To Guarantor and Transferee: Time Warner Cable Inc. 290 Harbor Drive Stamford, CT 06902-6732 Telephone: (203) 328-0631 Telecopy: (203) 328-4094 Attention: General Counsel To Beneficiary: City of Rancho Cucamonga Telephone: Telecopy: Attention: VII. Integration. This Guarantee represents the agreement of Guarantor with respect to the subject matter hereof and there are no promises or representations by Guarantor or Beneficiary relative to the subject matter hereof other than those expressly set forth herein. VIII. Amendments in Writing. None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor and Beneficiary, provided that any right, power or privilege of Beneficiary arising under this Guarantee may be waived by Beneficiary in a letter or agreement executed by Beneficiary. IX. Section Headings. The section headings used in this Guarantee are for convenience of reference only and are not to affect the construction hereof or be taken into consideration in the interpretation hereof. X. No Assignment or Benefit to Third Parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon anyone other than Guarantor and Beneficiary and their respective permitted assigns, any rights or remedies under or by reason of this Guarantee. Yd. Expenses. All costs and expenses incurred in connection with this Guarantee and the transactions contemplated hereby shall be borne by the party incurring such costs and expenses. XII. Counterparts. This Guarantee may be executed by Guarantor and Beneficiary on separate counterparts (including by facsimile transmission), and ali of said counterparts taken together shall be deemed to constitute one and the same instrument. Ao5 1123 I-O104\836362v2.doc 9/29/(Iq XIII. Governing Law. This guarantee shall be governed by and construed and imerpreted in accordance with the laws of the state of California without regard to principles of conflicts of law. XIV. Waiver of Jury Trial. Each party hereto hereby irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this guarantee and for any counterclaim therein. TO EFFECTUATE THIS GUARANTEE, each of the undersigned has caused this Guarantee to be duly executed and delivered by its duly authorized officer on the date set forth below the authorized signature. "GUARANTOR" TIME WARNER CABLE 1NC. By: Name: Title: Date: "BENEFICIARY" CITY OF RANCHO CUCAMONGA By: Name: Title: Date: A-6 11231-0t 04\836362v2.doc 9/29/05 /33 ~ ~]002/005 09/27/2005 TIJE 16:34 FAX 714 5384756 TDIE WARNER CABLE TIME WARNER CABLE ' September 27, 2005 City of Rancho Cucamonga City Manager's Office Kimberly Thomas Management Analyst III 10500 Civic Cemer Drive Rancho Cucamonga, CA 91729 Dea~ Kimb¢fly: As you requested. I have included a charmel & rate comparison using information ~al is publicly available. Should you have any questions, please do not hesitate to contact me at 714.903.4171. Sincerely, Kristy Hennessey Vice President - Government Relations Time Warner Cable 09/27/2005 TIlE 16:54 FAX 714 5584756 TII~E WARNER CABLE ~003/003 .Rancho Cueamonga Channel. Comparison On Time Warner/ On Adelphia/ Not on Adelphia Not on Time Warner Broadcast Basic Public Access, LO Adelphia Channel KOCE Educational Access Coastline College KVMD - must can'y Shop NBC KVCR - must carry Hallmark KHIZ - must carry Fullerton College KBEH - must carry Speed Channel* Three Angels Broadcasting Exvanded Basic AZN Television STYLE* Tttmer Classic Movies National Geographic* Oxygen Country Music TV* WE: Women's Entertainment MTV2 ESPN Classic I-Ial]mark Golf Channel Lifetime Movie Network Rates BmadcastBasic $16.00 $11.56 Expanded Basic $32.00 $37,34 $48.00 $48.90 *Note: These channels are offered on Time Warner's Digital Tiers Rancho Cu~monga CaMe ~,/Provide~'s ;7.0,2.020 Franchise terms and conditions. Paee 1 of 3 Title 7 TELECOMMUNICATIONS REGULATIONS C..h.a..P t e r._.7.02_._~A g _L..E_ T E L_E_V_I S I 0_N..~ ~ t S ~-_E ~S ~---'~ 7.02.020 Franchise terms and conditions. A. Franchise purposes. A franchise granted by the city under the provisions of this chapter may authorize the grantee to do the following: 1. To engage in the business of providing cable service and such other telecommunications services as may be authorized by law and which grantee elects to provide to its subscribers within the designated franchise service area. 2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets or other public places within the designated franchise service area. 3. To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law. B. Franchise Required. It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the city without first obtaining a franchise under the provisions of this chapter. C. Term of the Franchise. 1. A franchise granted under this chapter will be for the term specified in the franchise agreement, commencing upon the effective date of the ordinance or resolution adopted by the city council that authorizes the franchise. 2. A franchise granted under this chapter may be renewed upon application by the grantee in accordance with the then-applicable provisions of state and federal law and of this chapter. D. Franchise Territory. A franchise is effective within the territorial limits of the city, and within any area added to the city during the term of the franchise, unless otherwise specified in the ordinance or resolution granting the franchise or in the franchise agreement. E. Federal or State Jurisdiction. This chapter will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this chapter, to the extent authorized by applicable law. (~.)franchise Nontransferable. 1. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either b~t forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the city council and then only upon such terms and conditions as may be prescribed by the city council, which consent ma,/ not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise /dispose of the franchise without the consent of the council city is and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection, j ..~ .._~ ~ttp://rn~nic~pa~c~des.~ex~snexis.c~m/c~d~s/ranch~cu/~~DATA/T~TLE~7/Chapte~.~7~`~2 CABLE-~z. TELE,; ..... 9/15/2005 ,7.Q2.020 ;.Franchise terms and conditions. Page 2 of 3 2. The requirements of subsection (F)(1) of this section apply to any change in control of grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If grantee is a corporation, prior authorization of the city council is required where ownership or control of more than twenty-five percent of the voting stock of grantee, or of grantee's parent company, is acquired by a person or a group of persons acting in concert, none of whom, singularly or collectively, owns or controls the voting stock of the grantee, or of grantee's parent company, as of the effective date of the franchise. 3. Grantee must notify the city in writing of any foreclosure or judicial sale of all or a substantial part of the grantee's franchise property, or upon the termination of any lease or other interest covering all or a substantial part of that franchise property. That notification will be considered by the city as notice that a change in control of ownership of the franchise has taken place, and the provisions of this paragraph that require the prior consent of the city council to that change in control of ownership will apply. contOr purpose determining whether it will consent to an acquisition, transfer, or change in the of roi, thecit ma m mreast ' y y ' q ' o the qualifications of the prospective transferee or controlling party, and grantee must assist the city in that inquiry. In seeking the city's consent to any change of ownership or control, grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the city not less than one hundred twenty days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to operate and maintain the cable system and to comply with all franchise requirements during the remaining term of the .,~_.,~franchise. If the legal, financial, and technical qualifications of the applicant are satisfactory, the city will consent to the transfer of the franchise. The consent of the city to that transfer will not be unreasonably denied or delayed. 5. Any financial institutio~n holding a pledge of the grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take control of and operate the cable television system upon grantee's default in its financial obligation's. Further, that financial institution must also submit a plan for such operation within ninety days after assuming control. The plan must insure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding eighteen months unless authorized by the city, in its sole discretion, and during that period of time it will have the right to petition the city to transfer the franchise to another grantee. ~6. Grantee must reimburse the city for the city's reasonable review and processing incurred expenses in connection with any transfer or change in control of the franchise. These expenses include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. No reimbursement may be offset against any franchise fee payable to the city during the term of the franchise. G. Geographical Coverage. 1. Grantee must design, construct, and maintain the cable television system so as to have the capability to pass every dwelling unit in the franchise service area, subject to any service-area Line http://municipalcodes, lexi~nexis.com/codes/ranchocu/_DATA/TiTLEO7/Ghapter 7 02,CABLE.o,-TELE... 9/-~5/.2005 ,7..02.02¢Franchise terms and conditions. Page 3 of 3 extension requirements or territorial restrictions set forth in the franchise agreement. 2. After service has been established within all or any part of the franchise service area by activating trunk or distribution cables, grantee must provide service to any requesting-subscriber within that activated part of the service area within thirty days from the date of request, provided that the grantee is able to secure on reasonable terms and conditions all rights-of-way necessary to extend service to that subscriber within that thirty-day period. H. Nonexclusive Franchise. Every franchise granted is nonexclusive. The city specifically reserves the right to grant, at any time, such additional franchises for a cable television system, or any component thereof, as it deems appropriate, subject to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent grantee, a noticed public hearing must first be held in accordance with the provisions of Government Code Section 53066.3. I. Multiple Franchises. 1. The city may grant any number of franchises, subject to applicable state and federal law. The city may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations, such as: a. The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage. b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way. 2. The city may require that any new grantee be responsible for its own underground trenching and the associated:costs if, in the city's opinion, the rights-of-way in any particular area cannot reasonably accommodate additional cables. (Ord. 599 § 2 (part), 1999) http://municipalc°des'lexisnexis.c°m/codes/ranchocu/:zDAT~dT-ITLE07/Chapter. 7-02 CABLE__TELE ..... 9/1.5/2005 _290 Harbor Dlive Start!ford, CT06902 Tel 203 328-0600 WA NE ,/UN June 10, 2005 Jack Lam City Manager City of Rancho Cucamonga 10500 Civic Center Cucamonga CA, 91729 Dear Mr. Lam: As I am sure you know, Time Warner NY Cable LLC ("TWNY") has entered into an agreement with Adelphia Communications Corporation ("Adelphia") (the "Transaction") to purchase the cable system serving your community. Upon completion of the Transaction, the Adelphia cable system will be removed fi'om the bankruptcy proceeding and TWNY will operate the cable system serving your qommumty. TWNY is an indirect subsidiary of, and is controlled by, Time Wamer Cable Inc. (''Tin~..e Wamer Cable"). Time Wamer Cable has eamed the reputation as one of the nation's most stable, respected and technologically advanced cable operators, operating systems serving approXtmately 10.9 million Basic Service customers in 29 states. With nearly all of its systems upgraded to at least 750 MHz capacity, Time Warner Cable has been at the forefront in deploying innovative, advanced services such as digital cable, cable modem service, video- on-demand, digital video recorders, and Digital Phone. We are excited about this opportunity to become part of your commtmity. We look forward to providing all of our customem with a desirable package of communications and entertainment products. We'believe that customem now served by Adelphia will benefit significantly from Time Wamer Cable's experience in operating cable systems as well as our commitment to customer service. Particularly in light of the circumstances relating to Adelphia's bankruptcy proceeding, it is not clear that the Transaction requires your approval. If you believe that approval is required, we would appreciate the consideration and prompt adoption of the accompanying Resolution. We are also enclosing one (1) original and (2) copies of FCC Form 394, which provides you with the information required by FCC roles, as well as contact information if you should have additional questions. June 10, 2005 Page 2 Time Warner Cable looks forward to a long and mutually beneficial relationship with your community. Sincerely, .. Roger Keating Enclosures RESOLUTION NO. A RESOLUTION PROVIDING APPROVAL FOR AN ASSIGNMENT OF THE FRANCHISE AND THE CABLE SYSTEM TO TIME WARNER NY CABLE LLC WHEREAS, the City of Rancho Cucamonga, California ("Franchising Authority") has granted a cable television franchise to an entity (the "FrancNsee") presently controlled by Adelphia Communications Corporation ("Adelphia"), as debtor-in-possession; and WHEREAS, Adelphia and Time Wamer NY Cable LLC ("TWNY") have entered into an agreement whereby the cable system serving your community operated by Adelphia will be acquired by TWNY (the "Transaction"); and WItEREAS, upon closing of the Transaction, TWNY expressly agrees to assume the obligations under the Franchise; and WHEREAS, Adelphia and TWNY have filed an FCC Form 394 providing details regarding the Transaction and establishing the qualifications of TWNY; and WHEREAS, the Franchising Authority wishes to grant its approval for the Transaction as described above. NOW, TItEREFORE~ BE IT RESOLVED BY FRANCHISING AUTHORITY: Section 1. The Franchising Authority hereby approves the Transaction. Section 2. Upon the closing of the Transaction, TWNY shall assume the obligations under the Franchise. Section 3. ~is Resolution shall become effective immediately upon passage by the Franchising Authority. PASSED, ADOPTED AND APPROVED this day of ,2005. By: ATTEST: Federal Communications Commissio Approved by OMB Washington, DC 20554 FCC 394 3060-0573 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE SECTION I. GENERAL INFORMATION FOR FRANCHISE AUTHORITY USE ONLY I DATE 1. Community Unit Identification Number: June I0~ 2005 CA0787 I Application for: [] Assignment of Franchise [] Transfer of Control 2. 3. Franchising Authorih/: City of Rancho Cucamonga 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: City of Rancho Cucamonga, California 6. Date system was acquired or (for system's constructed by the transferor/assignor) the date on which service was provided to the first subscriber in the franchise area: No longer applicable 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the 1st Quarter 2006 or as system to transferee/assignee: soon as practicable 7. Attach as an Exhibit a schedule of any and all addifional information or material filed with this application that is identified in the franchise as required to be provided to the franchising N/A authority when requesting ils approval of the type of transaction that is the subject of this application. PART I - TRANSFEROR/ASSIGNOR 1. Indicate the name, mailing address, and telephone number of the transferor/assignor. Legal name of Transferor/Assignor (if individual, list last name first) Adelphia Cablevision oflnland Empire, LLC Assumed name used for doing business (if any) Adelphia Mailing street address or P.O. Box 5619 DTC Parkway City State aP Co~e I Telephone No. (include area code) Greenwood Village CO 80111 I (303) 268-6300 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or / E~hibfi No. transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to wdfing and attach. (Confidential trade, business, pdcing or marketing information, or other information not otherwise publicty available, may be redacted). (b) Does the contract submitted in response to (a) above embody the full and cernplete agreement ~] Yes r'~ No be ween the transferor/ass gnor and the transferee/assignee? If No, explain in an Exhibit. I FCC 394 (Page 1) September 1996 PART II - TRANSFEREE/ASSIGNEE 1.(a) Indicate the name, mailing address1 and telephone number of the transferee/assi~lnee. Legal name of Transferee/Assignee (if individual, list last name first) Time Warner NY Cable LLC Assumed name used for doin9 business (if any) Time Warner Cable Mailing street address or P.O. Box 290 Harbor Drive City State ZiP Code I Telephone No. (include area code) Stamford CT 06904-2210I (203) 328-0600 lb) Indicate the name, mailin~l address, and telephone number of person to contact, if other than transferee/assi~lnee. Name of contact person (list last name first) Gary Matz Firm or company name (if any) Time Warner Cable Mailing street address or P.O. Box 290 Harbor Drive City I State ZIP Code I Telephone No. (include area code) Stamford CT 06904-2210 (203) 328-0600 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person WhOshould be contacted, if any. IExhibit N°']N/A (d) Indicate the address where the syslem's records will be maintained. Streel address Transferee is not proposing to change the location of the system's records. City I State ZIP Code 2, Indicate on an attached exhibit any plans to change the current terms and conditions of service and I Exhibit No. 1 operations of the system as a consequence of the transaction for which approval is sought. I 2 1 FCC 394 (Page 2) September 1996 SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: r~l Corporation a. Jurisdiction of incorporation: d. Name and address of registered agent in Delaware jurisdiction: b. Date of incorporation: The Corporation Trust Company 03/26/03 1209 Orange Street, New Castle County c. For profit or not-for-profit: Wimington, Delaware 19801 For Profit I~ Limited Partnership a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: I~ General Partnership a. Jurisdiction whose laws govern formation: I b. Date of formation: I ~l Individual ~ Other. Describe in an Exhibit. Limited liability company. See formation information above. Exhibit No. N/A 2. List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%~ Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully - the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (Ifotherthananindividual, alsoshow name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee/assignee (e.g., officer, director, etc.). (d) Number of shares or nature of partnersihp interest. (e) Number of votes. (f) Percentage of votes. (a) Time Warner NY Cable LLC Time Warner Cable Inc. 290 Harbor Drive 290 Harbor Drive Stamford, CT 06904-2210 Stamford, CT 06904-2210 {b) Delaware LLC Delaware Corporation (c) Assignee Indirect parent ',d) N/A LLC interest ',e} N/A All [f) N/A 100% Time Warner Cable Inc. will become a publicly-traded corporation, and will continue to be controlled (84% ownership interest) by Time Warner Inc. Relevant information regarding Time Warner Inc. can be found in the SEC Form 10-K for Time Warner Inc. on the enclosed Supplemental Documents CD. FCC 394 (Page3) September 1996 Supplemental Information - FCC Form 394 - Section II, Item 2 Address for al/directors and officers 290 Harbor Drive Stamford, CT 06904-2210 No directors or officers hold an equity interest of more than 5% in Assignee. All are United States Citizens. Officers of Time Warner NY Cable LLC (No Directors) Glenn A. Britt President Howard Szarfarc President, New York City Division Landel C. Hobbs Executive Vice President & Treasurer Marc Lawrence-Apfelbaum Executive Vice President, General Counsel & Secretary James D. Fellhauer Executive Vice President William R. Goetz, Jr. Executive Vice President Carol Hevey Executive Vice President Terence D. O'Connell Executive Vice President David E. O'Hayre Executive Vice President, Investments Barry S. Rosenblum Executive Vice President Satish Adige Senior Vice President, Investments Kristine Dankenbrink Senior Vice President, Tax Spencer B. Hays Senior Vice President Richard M. Petty Senior Vice President & Controller Terence R. Rafferty Senior Vice Presizlent, Customer Service David A. Christman Vice President & Assistant Secretary John Fogarty Vice President Brien Kelley Vice President, New York City Division Lisa Lipschitz Vice President, Operations Accounting Gary Matz Vice President Raymond G. Murphy Vice President & Assistant Treasurer William Osboum Vice President, Technical Accounting Kathleen H. Scopp Vice President & General Counsel, New York City Division Roger Wells Vice President, New York City Division Richard M. White Vice President Janice Cannon Assistant Secretary Susan A. Waxenberg Assistant Secretary Ellen Alderdice Assistant Treasurer Directors and officers of Time Warner Cable Inc. Directors Britt, Glenn A. Chairman Bewkes, Jeffrey A. Director Chang, David C. Director Logan, Don Director Nicholas, Jr., N.J. Director Pace, Wayne H. Director Officers Glenn A. Britt Chairman & Chief Executive Officer John K. Billock Vice Chairman & Chief Operating Officer Landel C. Hobbs Executive Vice President, Treasurer & Chic fFinancial Officer Mare Lawrence-Apfelbaum Executive Vice President, General Counsel & Secretary Fred M. Dressier Executive Vice President, Programming James D. Fellhauer Executive Vice President Larry J. Fischer Executive Vice President & President, Ad Sales FCC Form 394 Supplemental Information June 2005 William R. Goctz, Jr. Executive Vice President Carol Hevey Executive Vice President Roger Keating Executive Vice President Jeffrey M. King Executive Vice President, Network Operations & President, Road Runner Wayne Knighton Executive Vice President Michael L. LaJoic Executive Vice President & Chief Technology Officer Terence D. O'Connell Executive Vice President David E. O'Hayre Executive Vice President, Investments Barry S. Rosenblum Executive Vice President Carl U. J. Rossetti Executive Vice President, New Business Development & President, Voice Services Lynn M. Yaeger Executive Vice President, Corporate Affairs Satish Adige Senior Vice President, Investments Robert G. Benya Senior Vice President, Interactive Video Bonnie Blecha Senior Vice President, Investments Frank Boncimino Senior Vice President & Chief Information Officer John Callahan Senior Vice President, Sof~ware Engineering & Development Lynne Costantini Senior Vice President, Programming Kristine Dankcnbrink Senior Vice President, Tax Richard J. Davies Senior Vice President, Corporate Development Gmgg DiPaolo Senior Vice President, High Speed Data Ken Fitzpatrick Senior Vice President, Business & Commercial Solutions Derrick Frost Senior Vice President, Road Runner Operations & Engineering Brendan Gleeson Senior Vice President, Finance & Operations, Ad Sales Mark Harrad Senior Vice President, Public Relations Michael T. Hayashi Senior Vice President, Core & Advanced Engineering Spencer B. Hays Senior Vice President Brian E. Kelly Senior Vice President, Marketing Kevin J. Leddy Senior Vice President, Strategy & Development James Ludington Senior Vice President, Development & Integration, Advance Technology Tomas Mathews Senior Vice President, Human Resources Eric Petro Senior Vice President, Finance Richard M. Petty Senior Vice President & Controller Peter C. Stem Senior Vice President, Strategic Planning David Temlak Senior Vice President, Customer Operations Jeffrey M. Zimmerman Senior Vice President, Deputy General Counsel and Chief Counsel, Litigation David A. Christman Vice President, Chief Counsel, Corporate & Assistant Secretary Raymond G. Murphy Vice President & Assistant Treasurer Janice Cannon Assistant Secretary Raj Kumar Assistant Secretary Susan A. Waxenberg Assistant Secretary Ellen Alderdice Assistant Treasurer FCC Form 394 Supplemental Information June 2005 Page 2 applicant is a corporation or a limited partnership, is the transferee/assignee formed under the [] Yes [] No 3. If the laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? If the answer is No, explain in an Exhibit. I Exhibit No. I I 3 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been ~ Yes ~ No dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit. I Exhibit No. I I 4 5. Has an adverse finding been made or an adverse final action been taken by any coud or [] Yes [] No administrative body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related antitrust or unfair compet t on; fraudu ent statements to another government unit' or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s)involved, I Exhibit No. including an identification of any court or administrative body and any proceeding (by dates and file I 5 I numbers, if applicable), and the disposition of such proceeding. any documents, instruments, contracts or understandings relating to ownership or future [] Yes [] No 6. Are there ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? I ExhibitN°' I If Yes, provide padiculars in an Exhibit. 7. Do documents, instruments, agreements or understandings for the pledge of stock of the ~ Yes ~ No transferee/assignee, as security for loans or contractual per[ormance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or Iocat law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. I Exhibit No. I SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from [] Yes [] No committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally I Exhibit No. accepted accounting principals, including a balance sheet and income statement for at least one full I ? year, for the transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience I Exhibit No. and expertise regarding cable television systems, including, but not limited to, summary information aboutI I appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. FCC 394 (Page4) September 1996 SECTION V - CERTIFICATIONS Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Signatur6 I CERTIFY that the statements in this application are true, ~'~ complete and correct to the best of my knowledge and belief an, are made in good faith. WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 1, I'005 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Brad M. Sonnenberg Check appropriate classification: r -~ individual E] General Partner r-~ Corporate Officer (Indicate Title) I I Other. Explain: Executive Vice President, General Counsel and Secretary Part II - Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true, "" complete and correct to the best of my knowledge and belief a~l ~,') -- ~ --- (...__ are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 10, 2005 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, 3tint fullname TITLE 18, SECTION 1001. David A. Christman Check appropriate classification: E~ individual D General Partner ~] Corporate Officer [~"~ (Indicate TiUe) Other. Explain: Vice President and Assistant Secretary FCC 394 (Page 5) September 1996 FCC Form 394 Exhibits June 2005 EXHIBIT l Time Warner NY Cable LLC has entered into an agreement with Adelphia Communications Corporation ("Adclphia") to purchase the cable system serving your community (the "Transaction"). Upon the completion o£the Transaction, the Adelphia cable system will be removed £rom the bankruptcy proceeding and Time Warner NY Cable LLC dba Time Warner Cable will operate the cable system serving your community. Time Warner NY Cable LLC is controlled by, and an indirect subsidiary of, Time Warner Cable Inc. ("Time Warner Cable"). A chart illustrating the Transaction is attached fur your convenience. Copies o£the relevant agreements necessary in order to understand the terms o£ the Transaction are contained on a CD submitted with this Form 394 in the electronic folder labeled "Adelphia to Time Warner Cable." The attached CD contains full and complete copies of the relevant agreements between the transferor/assignor and the transferee/assignee, with no redactions. As provided by question 2(a), non-public exhibits or schedules not necessary in order to understand the terms of the agreements or that contain confidential trade, business, pricing or marketing information have been omitted. Adelphia Time Warner Communications Corporation Cable Inc. 100% control 100% Time Warner NY Cable Adelphia Franchisee ~ LLC Franchise (New Franchisee) * Time Warner Cable Inc. will hold 100% indirect voting control of New Franchisee. A minority non-voting equity interest in an intermediate subsidiary is held by an entity under common control with Time Warner Cable Inc. FCC Form 394 Supplemental Documents FCC Form 394 Exhibits June 2005 EXHIBIT 2 Time Warner NY Cable LLC will comply with the terms and conditions of the franchise and applicable law. Thus, the Transaction will have no adverse consequences on the current terms and conditions of service and operations o£th¢ system. While it is premature to develop precise plans for service improvements, Time Warner Cable has earned a reputation as among the most stable, respected, and technologically advanced cable operators. FCC Form 394 Exhibits June 2005 EXHIBIT 3 Time Warner NY Cable LLC is a limited liability company and is either duly qualified to transact business in the State or other jurisdiction in which the system operates or will become so qualified prior to assuming ownership of the system. FCC Form 394 Exhibits June 2005 EXHIBIT 4 Time Warner NY Cable LLC has no interest in, or connection with, an application that has been dismissed or denied by a franchising authority. Moreover, neither Time Warner Cable, the parent of Time Warner NY Cable LLC, nor its affiliates have ever had an application for renewal of a cable television franchise denied pursuant to a final decision. Described below are the only instances, to the best of our knowledge, where applications for consent to transfer a franchise have been denied: (1) The Town of Cary, North Carolina denied approval of the Form 394 submitted in connection with the merger of America Online, Inc. and Time Warner Inc. The Town's action recited no basis for concluding that AOL Time Warner Inc. was not qualified to control the entity operating the cable system serving that community. The franchise has subsequently been renewed. (2) The City of Daytona Beach, Florida denied consent to the transfer of a cable franchise from Time Warner Entertainment-Advance/Newhouse Partnership, a Time Warner Cable a£filiate, to Bright House Networks, LLC. (3) Despite a recommendation from the City staff in favor of consent, the Philadelphia City Council voted to deny consent to the purchase by Time Warner Cable (which currently owns 40 per cent interest in the franchisee Urban Cableworks of Philadelphia, LP) of the remaining 60 per cent interest held by subsidiaries of Inner City Broadcasting Corporation. We believe this action to be invalid and unjustified. FCC Form 394 Exhibits June 2005 EXHIBIT 5 There has never been an adverse finding made, or an adverse final action taken, against Time Warner NY Cable LLC by any court or administrative body in a civil, criminal or administrative proceeding with respect to the matters listed in Section I1, Question $. Time Warner Cable, the indirect parent o£Time Warner ]NY Cable LLC, has never had an adverse finding made against it, or had an adverse final action taken against it, by any court or administrative body in a civil, criminal or administrative proceeding with respect to the matters listed in Section I1, Question 5. Nevertheless, in the spirit of cooperation and full disclosure, the following disclosures are provided. 1. In one case, Time Warner Entertainment Company, L.P., a partnership controlled by Time Warner Cable, was found by a jury to have violated the Americans with Disabilities Act ("ADA") and the Family Medical Leave Act ("FLMA') by failing to provide the plaintiff with both FMLA leave and reasonable accommodation under the ADA. 2. The following sets forth all litigation matters meriting disclosure in Securities and Exchange Commission ("SEC") Form 10-K over the last five years where Time Warner Cable or an affiliate under its control was named as a defendant: a. Two putative nationwide consumer class actions suits were filed in the October 2003 alleging an unlawful tying of the provision of high-speed cable lnternet service to leases of cable modem equipment because of the failure to offer discounts to customers who provided their own modems. The parties have reached a class-wide settlement and have asked the court to approve it. The amount or the terms of the settlement was reported as immaterial in the most recent 10-Q filing with the Securities and Exchange Commission. b. A putative class action alleging that cable subscribers' personally identifiable information was sold without informing those subscribers was filed in June 1998. This claim was settled during early 2005 on terms disclosed in the most recent 10-Q filing with the Securities and Exchange Commission as immaterial. c. The ultimate parent of Time Warner Cable, Time Warner Inc., recently roached a settlement agreement with the U.S. Department of Justice that was accepted by the SEC regarding investigations of certain accounting and disclosure practices. The investigation focused on advertising transactions, principally involving Time Warner Inc.'s America Online segment, the methods used by the America Online segment to report its subscriber numbers and the accounting related to Time Warner Inc.'s interest in AOL Europe prior to January 2002. The settlement contains no finding or admission of wrongdoing, but enjoins Time Warner Inc. from future violations of certain provisions of the securities laws and requires compliance with the cease-and-desist order issued by the SEC. Additional information regarding this matter can be found in the 10-K of Time Warner Inc. on the enclosed CD. The investigation triggered numerous lawsuits against Time Warner Inc., and in some cases certain of its current and former officers, directors and employees, brought by various investors in various securities issued by or tied to the value of Time Warner Inc. stock. As of March 1,2005, 30 shareholder class action lawsuits, throe putative class action lawsuits alleging violations of ERiSA, 11 shareholder derivative actions and 11 other lawsuits alleging securities law or other violations were pending. None of these lawsuits name Time Warner Cable as a defendant. More information about these suits can be found in the most recent SEC Form 10-K which is included on the enclosed CD. FCC Form 394 Exhibits June 2005 EXHIBIT 6 There arc no documents, instruments, agreements or understandings for the pledge of stock of any transferee/assignee as security for loans or contractual performance. FCC Form 394 Exhibits June 2005 EXHIBIT 7 As a result of the Transaction, Time Warner Cable will become as a publicly-traded company with Time Warner Inc. owning approximately 84% of the Time Warner Cable stock. Subsequently, Time Warner Cable will be subject to all applicable SEC reporting requirements. Financial information for Time Warner Cable is included on the CD submitted with this Form 394 and in the folder labeled "Time Warner Financial Information." The consolidated historical balance sheets, results of operations and sources and uses of funds statements, as well as full disclosure as required by both generally accepted accounting principles ("GAAP") and applicable securities laws for Time Warner Inc. is included in SEC Form 10-K submitted by Time Warner Inc. for the year ended December 31, 2004. The Form 10-K also contains segment reporting of key operating results of Time Warner Cable. Copies of Form 10-K for the year ended December 31,2004 and Form 10-Q for the first quarter of 2005 for Time Warner Inc. can be found on the enclosed CD in the electronic folder labeled "Time Warner Financial Information." /,5? FCC Form 394 Exhibits June 2005 EXHIBIT 8 Time Warner Cable is one of the largest and most experienced operators of cable television systems in the country. As of December 31, 2004, Time Warner Cable served approximately 10.9 million subscribers in 29 states. Time Warner Cable has invested billions of dollars in recent years to rebuild and upgrade its cable systems and related equipment. As a result, virtually all Time Warner Cable's systems are two-way and provide video and advanced broadband services. Time Warner Cable has significant experience operating large, technologically advanced cable systems. Most of Time Warner Cable's systems have been upgraded to at least 750 MHz. Time Warner provides enhanced video services over almost all of its systems. These services include digital cable, video on demand, high-definition television and digital video recorders. Time Warner Cable also offers advanced broadband services. In most of its systems, high-speed data (Internet) services are offered. Time Warner Cable has been a leader in the deployment of digital phone services which was available as of December 31,2004 to nearly two-thirds of the homes passed by Time Warner Cable's systems. Through a broadband infrastructure of coaxial and fiber-optic cables, Time Warner Cable typically makes available more than 250 channels of programming, including local broadcast television signals, locally produced or originated video programming, advertiser-supported cable programming networks (such as ESPN and CNN), premium programming services (such as HBO, Cinemax, and Showtime), high definition (HDTV) service and video-on-demand programming offering digital customers the opportunity to choose from hundreds of video titles. Time Warner Cable has established an enviable track record in developing technology to expand entertainment information and communications options available on its cable systems. The significant achievements of the highly regarded staff of Time Warner Cable in areas of technical quality and innovation have been widely recognized and have been the basis for numerous awards. Time Warner Cable is not only committed to giving its customers an array of entertainment and information choices, but also high quality customer service. Time Warner Cable representatives helped to develop the National Cable Television Association customer service standards, and we strive to meet and exceed those standards. Though all of Time Warner Cable's systems draw on the strength and expertise of its corporate staff, we recognize that providing a quality product and excellent customer service must be accomplished locally. The system serving your community will be managed by experienced and qualified personnel at the local level. The office and technical staff responsible for the management and operation of the franchise will be employees of Time Warner Cable upon completion of the Transaction. Complete discussion of the experience of Time Warner Cable can be found in the Form 10-K of Time Warner Inc. for the year ended December 31, 2004. A full copy of Form 10-K is included in the CD accompanying this filing in the folder labeled "Time Warner Financial Information." The industry-leading track record of Time Warner Cable in providing innovative and advanced services is likely to greatly benefit Adelphia's current subscribers. 290 Harbor D~qve Stamford, CT06902 Tel 203-328-0600 TIME WARNER CABLE July 25, 2005 VIA OVERNIGHT MAIL AND ELECTRONIC MAIL (WRUDELL(~RWCLAW.COMI William B. Rudell, Esq. Richards Watson Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Re: Cities of Buena Park, Costa Mesa, Highland, Palmdale, Rancho Cucamonga, Santa Aha, Seal Beach and Upland CA; FCC Forms 394 dated June 10, 2005 Dear Mr. Rudell: Time Warner Cable Inc. ("Time Warner Cable" or "TWC") has received your letter dated July 13, 2005 on behalf of the above-referenced cities (the "Cities"), relating to the FCC Forms 394 dated June 10, 2005 (collectively, "the Application") submitted to the Cities in connection with a transaction (the "Transaction") whereby the cable television systems serving the Cities will be acquired and operated by an indirect subsidiary of Time Warner Cable. We note at the outset that your request seeks a vast quantity of information, much of which we believe is not relevant or necessary for the Cities' review of the Application. Under the FCC's rules and relevant decisions, a franchising authority's review ora proposed transfer of a franchise should focus on the legal, technical, and financial qualifications of the proposed transferee. A franchising authority may not delay or hnpose conditions on a transfer based on conditions unrelated to the proposed trans£eree's qualifications. ~ ~ See Implementation of Sections 11 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Memorandum Opinion and Order on Reconsideration, 10 FCC Red 4654 (1995) at ~152 ("1995 FCC Order") (limiting the scope of information relevant to the franchise transfer review to that "reasonably necessary to determine the qualifications of proposed transferee"); Implementation of Sections 11 and J3 of the Cable Television Consumer Protection and Competition Act of 1992, Report and Order, 8 RCC Red 6228 (1993) at ~138, n. 38 (a city "may not delay a transfer or impose conditions on a transfer authorization that would impinge on the [FCC's] statutory authority"). See also 1995 FCC Order at ¶ 52 (by adopting federal procedures regarding transfer approvals, "Congress wanted to ensure that the local franchise approval process not unduly delay the consummation of transactions."). Mr. William B. Rudell July 25, 2005 Page 2 Time Warner Cable will, of course, cooperate in providing the Cities with such additional information as is relevant to the FCC Form 394 review process. Moreover, while we do not believe much of thc information requested is required by FCC Form 394 or is otherwise necessary for consideration by the Cities within the proper scope of their review of the Application, we are submitting responses to your inquiries with the tmderstanding that such responses are being provided without prejudice to our position that (1) the information is not necessm-y for franchising authority review; and (2) the failure or delay in submission of any of the requested documents or information does not excuse a franchising authority's obligation to timely process FCC Form 394. In addition, although the Application fully enables the Cities to consent to the transfer of the relevant franchises, and the information provided is entirely sufficient to demonstrate the qualifications of the proposed Transferees, the Application has been submitted without waiver of the Bankruptcy Code rights for Adelphia to transfer these franchises without the Cities' consent. Furthennore, please note that a number of the requested documents contain coufidential trade and business information and are not necessary to an understanding of the Application or the qualifications of Time Warner Cable. FCC Form 394 expressly allows the withholding of any "[c]onfidential trade, business, pricing or marketing information, or other information not otherwise publicly available.''2 As indicated in response to specific requests, Time Warner Cable is willing to make such documents available to the City for review at a designated location upon the execution of an appropriate confidentiality agreement. Your specific inquiries are addressed below in the order they appear in your July 13, 2005 letter. :. : ." FCC Form 394 - The Adelphia to TWNY Transaction ' ' . : ' 1. Legal Name of Transferor/Assignor ' As you correctly note, Adelphia is the ultimate parent of the franchisees in the Cities. With respect to your questions regarding the legal entities that hold the franchises for Buena Park, Palmdale, Rancho Cucamonga and Seal Beach, Adelphia has provided the following responses: Buena Park: We agree that Buena Park Resolution No. 10838 is the operative document for this analysis; however, we believe it clearly demonstrates that the franchisee for Buena Park, CA is Adelphia Cablevision of Orange County II, LLC (prior to its name change). Section 1 of the Resolution describes the specific steps of the transaction. Section 1.I states that the original franchisee, Comcast Cablevision of Orange County, Inc., converted from a corporation to a limited liability company. Section 1.2 shows that the franchise was then assigned to Comcast Cablevision of Orange County II, LLC. Finally, Section 1.3 states that all ownership interests in Comcast Cablevision of Orange County II, LLC (the new franchisee) are transfen-ed to 2 See FCC Form 394, Part I, Question 2(a). Mr. William B. Rudell July 25, 2005 Page 3 Mickelson Media, Inc., a wholly owned subsidimy of Adelphia Communications Corporation. Comcast Cablevision of Orange County II, LLC then underwent a name change to Adelphia Cablevision of Orange County II, LLC. Its parent company is still Mickelson Media, Inc. Palmdale: As recited in Palmdale Resolution No. CC 2000-128, the franchise was then held by Jones Conununications of California, Inc., an affiliate of Jones Intercable, Inc. As part of the January 1, 2001 Adelphia/Comcast exchange, Jones Communications of California, Inc. converted to a limited liability company named Jones Communications of California, LLC, as evidenced by a Certificate of Conversion filed May 12, 2000 with the Colorado Secretary of State. On January 1, 2001, Jones Cable Holdings II, LLC, assigned its sole member LLC interest in Jones Communications of California, LLC to Harron Cablevision of Michigan, Inc. pursuant to an Interest Assignment. On January 24, 2001, Harron Cablevision of Michigan, Inc. merged into Harron Communications Corp. On February 16, 2001 Jones Communications of Califoruia, LLC changed its name to Adelphia Cormnunications of California, LLC pursuant to a Restated .Certificate of Incorporation. On May 14, 2001, Harron Cablevision of Michigan, Inc. changed its name to Adelphia Cablevision Corp. As stated in Section 6.9. of the franchise agreement, "It]he franchise granted pursuant to this Agreement may not be assigned by Grantee without the prior written consent of Grantor, as specified in Chapter 5.12 of the Code; provided, however, that such consent shall not be required for an assignment of the Agreement by Grantee (i) to any affiliate of the Grantee or of Jones Intercable, Inc. ('Jones') whose ownership is identical to that of the Grantee." · Because the ownership structure of Adelphia Communications of California, LLC and Adelphia Conm~unications of California II, LLC is identical, no consent was required.to transfer the franchise between these two legal entities. ' Rancho Cucamonga: We agree that Rancho Cucamonga Resolution No. 00-146 is the operative document for this analysis; however, we believe it demonstrates that the franchisee for Rancho Cucamonga, CA is Adelphia Cablevision of Inland Empire, LLC (prior to its name change). The original franchisee was Comcast Cablevision of Inland Empire, Inc. As noted in Section 1 o~'the Resolution, this entity was converted from a corporation to a limited liability company. Section 1 also shows that all limited liability company ownership in Comcast Cablevision of Inland Empire, LLC (the new franchisee) was transferred from Comcast Cablevision Corporation of California to Clear Cablevision, Inc., a wholly owned subsidiary of Adelphia Communications Corporation. Comcast Cablevision of Inland Empire, LLC then underwent a name change to Adelphia Cablevision of Inland Empire, LLC. Its parent company is still Clear Cablevision, Inc. Thus, this transaction was a change of control of the franchisee, and was not limited to a change of control of the franchise itself. Seal Beach: We agree that Seal Beach Resolution No. 4828 is the operative document for this analysis; however, while there appears to be some ambiguity in some of the wording, we believe it demonstrates that the franchisee for Seal Beach, CA is Adelphia Cablevision of Seal Beach, LLC (prior to its name change). The original franchisee was Comcast Cablevision of Seal Beach, Inc. As noted in Section 1 of the Resolution, this entity was converted from a corporation to a limited liability company. Section 1 also shows that all limited liability Mr. William B. Rudell July 25, 2005 Page 4 company ownership in Comcast Cablevision of Seal Beach, LLC (the new franchisee) was transferred from Comcast Cablevision Corporation of California to Manchester Cablevision, Inc., a wholly owned subsidiary of Adelphia Connnunications Corporation. Comcast Cablevision of Seal Beach, LLC then underwent a name change to Adelphia Cablevision of Seal Beach, LLC. Its parent company is still Manchester Cablevision, Inc. Thus, this transaction was a change of control of the franchisee, and was not limited to a change of control of the franchise. 2. Cable System Records As stated in response to Section I, Part II, Item l(d) of FCC Form 394, Transferee has no plans to change the current location where local cable system records are maintained. We assume that each such location is well known to the affected Cities. Nevertheless, system records for the Cities are currently maintained at the following locations: a. Buena Park - 3041 East Miraloma Ave., Anaheim, CA 92806 ' b. Costa Mesa - 3041 East Miraloma Ave., Anaheim, CA 92806 c. Highland - 1500 Auto Center Drive, Ontario, CA 91761 d. Palmdale- 41551 l0th St. W, Palmdale, CA 93551 e. Rancho Cucamonga- 1500 Auto Center Drive, Ontario, CA 91761 . f. Santa Aha - 3041 East Miraloma Ave., Anaheim, CA 92806 g. Seal Beach - 3041. East Miraloma Ave., Anaheim, CA 92806 h. Upland- 1500 Auto Center Drive, Ontario, CA 91761 Additionally, certain records relating to the system will be kept at Time Warner Cable's corporate headquarters in Stamford, CT, and at a Time Warner Cable regional office location to be established in the Los Angeles area. 3. Services and Operations of the Cable System ' a. We are gratified by your confirmation that the current franchisees are in full compliance with any customer service requirements under their local franchises. We are confident that the Cities will fred Time Warner Cable's attention to customer service to be equally exemplary. Time Warner Cable will, of course, make its personnel readily available to respond promptly to Cities' staff inquiries and requests, consistent with its obligations under the franchise agreements as well as our commitment to be a good corporate citizen. Time Warner Cable has no plans to close any local offices currently maintained by Adelphia within the Cities. b. The location of Time Warner Cable's regional office is 959 South Coast Drive, Suite 300, Costa Mesa, CA 92626. Roger Keating is' the President of Time Warner Cable's Los Angeles Division and Executive Vice President of Time Warner Cable. c. Because Time Warner Cable does not currently have unrestricted access to the existing cable systems' facilities in the Cities, it has been unable to develop any definitive plans with regard to headends, distribution facilities or interconnection within the Southern California region. Mr. William B. Rudell July 25, 2005 Page 5 d. Time Wamer Cable has no current plans to change any call centers serving subscribers in the Los Angeles area. Time Warner Cable will determine whether any changes in call centers would provide better service to our customers after closing of the Transaction and upon a thorough analysis of Adelphia's current call center operations. Time Warner Cable call centers serving the Los Angeles area employ Spanish-speaking customer service representatives, bills are issued in Spanish on request, Spanish-language "Music On Hold" messages are available, and we have a Spanish-language website. In addition, through use of a third-party vendor, our call centers have the ability to support over 150 additional languages. We look forward to the opportunity to expand these features throughout the systems to be acquired in the Los Angeles area in order to be responsive to our non-English speaking customers. e. Time Warner Cable anticipates that the principal reductions in operating expenses resulting from the Transaction will be due to economies of scale and scope (e.g., in the purchase of programming and equipment), efficiencies flowing from the geographic rationalization of Time Warner Cable service footprints as described in detail in the Public Interest Statement submitted to the FCC (a copy of which is included on the enclosed CD), and in overhead reduction due to consolidation of redundant corporate management functions currently performed through Adelphia's offices in Denver and Coudersport. As explained in the Application [FCC Form 394, Exhibit 2], Time Warner Cable does not contemplate or plan any reductions in local staffing or other resources that would adversely affect the quality or quantity of video programming, customer service and other aspects of the cable system operations in the affected Franchise areas. ' ' ' : 4. Legal Qualifications of Time Warner NY Cable LLC As stated in response to Section II, Item 3 of FCC Form 394, to the extent required by applicable law, Time Warner NY Cable LLC ("TWNY") either is, or will be as of the effective date of the closing, duly qualified to transact bUSiness in the State of California prior to the time it assumes responsibility for the oPeration of the cable systems serving the Cities. Formation documents for TWNY are enclosed as Exhibit I. Bechuse TWNY is an indirect, wholly-owned subsidiary of Time Warner Cable, Time Warner Cable will have ultimate responsibility for operation of the cable systems serving the Cities. Given this ownership structure, there is no need for a "management contract" or any other "document that vests the management of Time Warner NY Cable LLC in a manager or managers." 5. Corporate Guarantee . As noted above, Time Warner Cable will have ultimate responsibility for the operation of the cable systems serving the Cities. In light of Time Warner Cable's track record as one of the most stable, respected and technologically advanced cable operators in the country, we do not believe that a corporate guarantee is necessary or warranted. Mr. William B. Rudell July 25, 2005 Page 6 6. Franchise Authority Actions and Adverse Final Actions As you note, Exhibit 4 to the Fomu 394 correctly states that "In]either Time Warner Cable, the parent of Time Warner NY Cable LLC, nor its affiliates have ever had an application for renewal of a cable television franchise denied pursuant to a final decision." As I am sure you know, pursuant to 47 U.S.C. § 546(e), any adverse decision regarding a franchise renewal is subject to judicial review, and thus is not truly "final" until such judicial review becomes final or the opportunity to seek such review has lapsed. Thus, while Time Warner Cable continues to be engaged in the franchise renewal process in Mecklenburg County (which is in the Charlotte, North Carolina area) and elsewhere, none of its renewals have been "denied" because there has been no final action upholding any proposed denial. . We believe that the answer to Section II, Item 4 is entirely accurate, particularly in light of the explanation contained in Exhibit 4. In the first two franchise transfer situations described in Exhibit 4, the franchising authority continues to accept performance (and franchise fee payments) from the new franchisee, and thus appears to have waived any objections. In the third situation, Time Warner Cable has not yet taken ownership of the 60 pement interest in Urban Cableworks of Philadelphia, LP that it does not currently hold. As stated on Exhibit 5 in response to Section II, Item 5, there have been no "adverse findings" or "adverse final actions" relating to the proposed new franchisee, Time Warner NY Cable LLC, which is the basis for the negative answer. Adverse findings and adverse final actions relating to Time Warner Cable and affiliates under its control are disclosed on Exhibit 5 of the FCC Form 394. " · · 7. Ownership and Organization Chart Enclosed as Exhibit 2 is a detailed diagram showing the "Intermediate Entities" identified on the Time Warner Cable ownership chart included with the Application. The enclosed diagram also shows all percentage ownership interests, and identifies American Television and Communications Corporation as the entity under common control with Time Warner Cable Inc. that will hold a minority non-voting equity interest (approximately 12%) in Time Warner NY Cable Holding Inc., an intenuediate subsidiary. 8. Modifications to Asset Purchase Agreement All modifications to the Asset Purchase Agreement dated April 20, 2005 between Adelphia Communications Corporation ("Adelphia") and Time Warner NY Cable LLC ("TWNY") are included on the enclosed CD. As provided by Section I, Part I, Item 2(a) of FCC Form 394, non-public exhibits or schedules are not necessary in order to understand the terms of the agreements or that contain confidential trade, business, pricing or marketing information have been omitted. Although the requirements for completion of the FCC Forms 394 have l~een met, we are willing to provide the Cities with the opportunity to review, at one of our Time Warner Cable offices in the Los A~geles area, the Exhibits and Schedules to the Agreements relating to the Mr. William B. Rudell July 25, 2005 Page 7 Transactions. Since this information consists of non-public material not necessary in order to understand the terms of the Agreements or contains confidential trade, business, pricing or marketing information, the Cities' review will be conditioned upon the Cities entering into a confidentiality agreement covering all information made available for review. Please contact me if you would like to discuss a confidentiality agreement to allow for such review. 9. Hart Scott Rodino Act ("HSR") Under U.S. antitrust laws, the Adelphia Transaction and the Exchange Transaction may not be completed until notices of such transactions and the necessary report forms have been filed with the Antitrust Division of the Department of Justice ("DOJ") and the Federal Trade Commission ("FTC"), and until a required waiting period has ended. The required information and materials have been filed with the DOJ and the FTC to notify them of the Adelphia Transaction and the Exchange Transaction. The FTC is reviewing the information and materials filed with these report forms as well as additional information and documentary materials that the FTC requested that Adelphia, Comcast or Time Warner provide. On June 20, 2005, Adelphia, Comcast and Time Warner each received a request for additional information (commonly referred to as a "Second Request") from the FTC The effect of these Second Requests is to extend the waiting period imposed by the HSR Act until 30 days (or, in some cases, 10 days) after Adelphia, Comcast and Time Warner have substantially complied with such Second Requests, unless that period is extended voluntarily by the parties or terminated sooner by the FTC. Adelphia, Comcast and Time Warner are cooperating with representatives of the FTC as they conduct their review. 10. Securities and Exchange Commission : Adelphia, Time Warner Inc. and Comcast have made periodic filings with the Securities and Exchange Comntission ("SEC"), as required by the securities laws, regarding material developments relating to the Transaction. See, e.g., Time Warner Inc., Current Report on Form 8K (dated April 20, 2005, filed April 27, 2005). All such filings are publicly available on each company's website or through the EDGAR system. No approvals from the SEC are required in connection with the Transaction. It is expected that the issuance of TWC Class A Common Stock to certain of Adelphia's creditors will be exempt from regis~ation under section 1145 of the Bankruptcy Code, .and that such shares will be automatically registered under the Exchange Act pursuant to Rule 12g-3(a) promulgated thereunder. 11. Federal Communications Commission ' : ' The parties submitted their Applications and Public Interest Statement to the Federal Communications Commission ("FCC") on May 18, 2005. A copy of the FCC Public Interest Statement is included on the enclosed CD. The FCC applies an informal 180-day target period for action on applications for assignment or transfer of control of FCC licenses such as contemplated by the Transaction. Thus, action by the FCC is not expected before November 29, 2005. The parties have received no written comments to date from the FCC that relate to the proposed transactions. Mr. William B. Rudell July 25, 2005 Page 9 14. Financial Qualifications a. The following responses regarding Time Warner Cable are based upon, and subject to, the Disclosure Statement, including the assumptions underlying the projected balance sheet as of January 1, 2006 contained therein. In particular, reference is made to Sections IX A and B of the Disclosure Statement. Time Warner Cable will incur liabilities in respect of incremental net debt and preferred equity of approximately $8.9 billion associated with the Adelphia Transaction and the Exchange Transaction, and the total estimated debt of Time Warner Cable as of the date of closing of such Transactions is anticipated to be approximately $15.3 bil!ion..' . . Time Warner Cable is working with Time Warner Inc. to complete the arrangements to finance the cash portion of the consideration to be paid in respect of the Adelphia Transaction and the cash to be used by Time Warner Cable or its affiliates in connection with the Exchange Transaction. The type and allocation of this fmancing will depend largely on market conditions prevailing at the time of closing of the applicable transaction, including the public and private debt and equity markets, and cash flows at Time Warner Cable and Time Warner Inc. Although Time Warner Cable and Time Warner Inc. have made no definitive decisions at this time, Time Warner Cable currently anticipates that the financing will include some combination of intercompany debt from Time Warner Inc., bank financing, commercial paper borrowings, cash on hand and the proceeds of the $500 million issuance of mandatorily redeemable preferred stock by a subsidiary of Time Warner Cable to one or more third parties. As of the date of the closing of the Transaction, Time Warner Cable's debt and preferred stock to book equity ratio is anticipated to be approximately .77 to 1. The debt to market capitalization equity ratio will be dependent upon the ultimate pricing of Time Warner Cable · shares in the public market, which of course will not be known until the closing of the Transactions. As of the date of the closing of the Transaction, third-party indebtedness incurred by Time Warner Cable also will be reflected as a liability of Time Warner Inc., Time Warner Cable's parent. Outstanding debt of Time Warner Inc. as of the dates covered by the reports are reported on the SEC Forms 10-K mad 10-Q submitted with the Application. b. No changes to Adelphia's current rates, rate structure or rate filings (timing or methodologies) in the Cities are expected as a result of the Transaction. For the record, Time Warner Cable also notes that the FCC has expressly stated that, in exercising their transfer jurisdiction, franchising authorities may not seek to circumvent federal policies and limitations regarding the regulation of cable rates. See Implementation of Sections 11 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Report and Order, 8 FCC Rcd 6828 (1993) at ~] 39, n. 38. Mr. William B. Rudell July 25, 2005 Page 10 c. Item (c) seeks, in part, certain operating statistics from both Time Warner Cable and Adelphia with respect to their operations in "each City's fi'anchise service area" for the years 2001 through the most recent period of 2005. Given that Time Warner Cable had no operations in the Cities during those years (except for a tiny portion of Costa Mesa), we assume the question is directed to Adelphia. The historical operating statistics for Adelphia that you have requested are irrelevant to the Transactions, as they are unrelated to the legal, financial and technical qualifications of the transferee to own and operate the cable systems that are the subject of the Transactions. Any denial based upon a negative evaluation of Adelphia, as the transferor, would be arbitrary and capricious. See Rollins Cablevision of Southeast Massachusetts, Inc. v. Town of Somerset, docket no. A-64 (Mass. CATV Cormnission, June 20, 1988). The Application includes a certification as to the financial qualifications of Time Warner Cable. See Form 394, Section IH. This certification is supported by the consolidated financial information, including segment data relating to the operations of Time Warner Cable, contained on the Annual Report on Form 10-K for fiscal year 2004 that was included on the Supplemental Documents CD submitted with the Application. Additional detail demonstrating the financial qualifications of Time Warner Cable is set forth in the Disclosure Statement. d. Until closing of the Transaction, Time Warner Cable does not anticipate having unrestricted access to sufficient financial records, operating histories, technical evaluations or other information relating to the systems to be acquired to enable development of system- specific or community-specific fmancial projections, balance sheets, income statements, cash flow statements and similar information that you have requested. Moreover, as you know, Adelphia has been involved in bankruptcy proceedings for three years, and its last SEC Form 10- K covered the year ended December 31, 2003. In light of these circumstances, it is both premature and impossible to produce meaningful pro forma financial information in the detail you have requested at this time. . Given the highly dynamic nature of the cable television industry, Time Warner Cable has found that financial projections that attempt to predict results more than a year in advance, or that seek to focus too narrowly on a particular system or community, are often inherently speculative. Given that Time Warner Inc. is a public company and Time Warner Cable is soon to become one, we are keenly aware ofgur responsibilities under the securities laws. As you are no doubt aware, most public companies are extremely cautious in releasing financial "guidance" more than one quarter in the future. We are unaware of any public company that publishes financial projections two or three years in the' future, as you have requested. With these caveats, and subject to all of the qualifications and assumptions set forth therein, we refer you to the financial projections for Time Warner Cable included with the Disclosure Statement. e. As noted in the Application, any questions relating to Time Warner Cable should be directed to Gary R. Matz, (203) 328-0600. Questions relating to Adelphia should be directed to Tom Carlock, (310) 314-8921. · ' Mr. William B. Rudell July 25, 2005 Page 11 15. Estimated Closing Date of the Adelphia to TWNY Tr~maation As indicated on the Application, the parties continue to expect the Transaction to close during the first quarter of 2006, or as soon as practicable. We trust that you will find the information in this letter to be responsive to your various requests. This information clearly demonstrates that the Application was complete as filed, and in any event this response has been provided on a timely basis. Thus, the 120-day review period referenced in 47 C.F.R. § 76.502(c) commenced upon receipt of the Application by the Cities. Please do not hesitate to contact me if you have additional questions or ifI can be of further assistance. · .. Very truly yours, Gary R. Matz Attachments cc: Tom Carlock, Esq : Adelphia Communications Corporation Kristy Hennessey .' Time l~arner Cable 173746_1 IJlj RICHARDS J WATSON J GERSHON ~[l~ ATTORNEYS AT LAW-'A PROFESSIONAL CORPORATION 355 South Grand Avenue 4otb Roor,.Los Angeles, California Telephone 2t3.626.8484 Facsimile a13.626.oo78 July 13, 2005 Time Warner NY Cable LLC 290 Harbor Drive Stamford, CT 06904-2210 Attn: Gary Matz Re: FCC Forms 394 - Proposed Assignments of Cable Television Franchises in the California Cities of Buena Park, Costa Mesa, Highland, Palmdale, Rancho Cucamonga, Santa Aha, Seal Beach, and Upland (Adelphia to TWNY Transaction) Dear Mr. Matz: This finn acts either as City Attorney or as special counsel for the California Cities of Buena Park, Costa Mesa, Highland, Palmdale, Rancho Cucamonga, Santa Aha, Seal Beach, and Upland (collectively "Cities"). These Cities are currently served by cable television systems owned and operated by the following franchisees: Buena Park: Mickelson Media, Ine? Costa Mesa: Adelphia Cablevision of Orange County, LLC Highland: Adelphia Cablevision of Inland Empire, LLC Palmdale: Harron Cablevision of Michigan, Inc.2 ~ On August 8, 2000, by Resolution No. 10838, the Buena Park City Council authorized an assignment and a transfer of control of the cable television franchise from Comcast Cablevisinu of Orange County, Inc., a subsidiary of Comcast Cablevisiun Corporation of California, to Minhelson Media, Inc., an indixect, wholly-owned subsidiary of Adelphia Communications Corporation. The City's cable franchise records do not contain any documentation evidencing a subsequent transfer of the franchise from Michelson Media, Inc. to a different affiliate or subsidiary owned or eontzolled by Adelphia Communications Corporation, such as Adelphia Cablevision of Orange County II, LLC, which is the entity identified es the Transferor/Assignor hi the FCC Form 394. 2 On August 2, 2000, by Resolution No. CC 2000-128, the Palmdale City Council authorized a Izansfer of control of the cable television fi.anehise from Jones Cable Holdgags II, Inc., an indizect subsidiary of Comcast Corporation, to Harron Cablevisiun of Michignn, ]ne., an indizeet, whollymwned subsidiary of Adelphia Communications Corporation. The City's cable fi.anchise records do not cuntahi any documentation evidencing a subsequent tnmsfer of the fi.anchise fi.om Hatrun Cablevisiun of Miehigsu, Inc. to a different affiliate or subsidiary owned or eontzolled by Adelphia Communications Corporation, such as Adelphih Communications of California II, LLC, which is the entity identified as the Transferor/Assignor in the FCC Form 394. /7/ : RICHARDS I WATSON J GERSHON ATTOJ~N EY5 AT LAW -A PROFESSIONAL CORPORATION Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 2 Rancho Cucamonga: Clear Cablevision, Inc2 Santa Ana: Adelphia Cablevision of Santa Ama, LLC Seal Beach: Manchester Cablevision, Inc." Upland: Adelphia Cablevision of Inland. Empire, LLC In mid-June, the Cities received the June 10, 2005, letter from Mr. Roger Keating of Time Warner Cable Inc. that transmitted the FCC Form 394 describing the proposed "Ad¢lphia to TWNY Transaction." Upon consummation of this transaction, and subject to the approval of each of the Cities, it is understood that a new franchisee, identified as "Time Wamer NY Cable LLC," will become an indirect, wholly-owned subsidiary of Time Warner Cable Inc. and will do business in the Cities' franchise service areas under thc name of Time Warner Cable. City staff and the Cities' legal counsel have undertaken a preliminary review of the FCC Form 394 and the accompanying exhibits that were submitted to thc Cities. Although a comprehensive analysis of these docments has not yet been completed, we are requesting that thc additional information and clarification specified in this letter be provided as cxpeditionsly as possible to facilitate that analysis. 3 On June 21, 2000, by Rnsohition No. 00-146, thc Rancho Cucamonga City Council authorized a transfer of control of the cable television franchise from Comcast Cablcvision of Inland Empffc, Inc., a subsidiary of Comcast Cablevision Corporation of California, to Cle~ Cablevision, Inc., an indirect, wholly-owned subsidiary of Adclphia Communications Corporation. Thc City's cable fianchise records do not contain any documentation evidcnc/ng a subsequent transfer of thc franchise from Cie. ar Cablcvision, Inc. to a different affiliate or subsidiary owned or controlled by Adelpkia Communications Corporation, such as Ad¢lphia Cablcvision oflnland Empire, LLC, which is the entity identified as thc Transferor/Assignor in the FCC Form 394. 4 On August 14, 2000, by Resolution No. 4828, the Seal Beach City Council authorized a mmsfer of control of thc cable television franchise from Comcast Cablevision of Seal Beach, Inc.,.a subsidiary of Comcast Cablcvision Corporation of California, to Manchester Cablcvision, Inc., un indirect, wholly- owned subsidiary of Ad¢lphia Communications Corporation. Thc City's cable franchise records do not contain any documentation evidencing a subsequent transfer of thc franchise from Manchester Cablevision, Inc. to a different affiliate or subsidiary owned or controlled by Adelphia Communications Coq~oration, such as Adelphia Cablcvision of Seal Beach, LLC, which is the entity identified as the Transferor/Assignor in thc FCC Form 394. RICHARDS [ WATSON J GERSHON A~TORN EY~ AT LAW - A PROFESSIONAL CORPORATION Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 3 FCC FORM 394 - THE ADELPHIA TO TWNY TRANSACTION 1. Legal Name of Transferor/Assignor Paragraph (1) of Part I, Section I, of the FCC Form 394 for the Adelphia to TWNY Transaction identifies the Transferor/Assignor as the limited liability company that purports to hold the cable franchise in each of the Cities referenced in the first paragraph of this letter. As set forth in the footnotes, however, the cable franchise records maintained by the Cities of Buena Park, Palmdale, Rancho Cucamonga, and Seal Beach do not evidence any subsequent transfers from the Adelphia entities that were the original authorized transferees of the Comcast cable franchises in 2000. If Time Warner Cable Inc., or other parties to this transaction, can provide copies of documents that evidence subsequent assignments or corporate restructuring of the original transferees in these four Cities, please transmit them to liS. 2. Cable S/stem Records Paragraph (1)(d) of Part II, Section I, of the FCC Form 394 requests that the address where the system's records will be maintained be set forth. The response is: "Transferee is not proposing to change the location of the system's records." Please identify with specificity the current location of the records relating to the cable systems serving each of the Cities and describe any plans to remove them to another location. 3. Services and Operations of the Cable System Paragraph (2) of Part II, Section I, of the FCC Form 394 requests a description of any plans to change the current terms and conditions of service and operations of the cable system as a consequence of the transaction. The response, set forth in Exhibit 2, states that the new franchisee, Time Warner NY Cable LLC, "will comply with the terms and conditions of the franchise and applicable law." Please respond to thc following supplemental questions related to cable services and cable system operations by the new fi:anchisee: (a) In most instances, the current franchisen, which is a wholly- owned Adelphia subsidiary, has technical and customer service personnel available locally who can and do respond promptly to City staff's inquiries and requests. This availability has resulted in the prompt resolution of various problems after they are RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 4 communicated to the cable operator. Does Time Warner Cable Inc. intend to continue to make its personnel readily available to the Cities, and where will the personnel be located? Co) What plans does Time Warner Cable Inc. have with regard to the establishment of regional offices in Southern California, and what is the anticipated organizational structure for this region? (c) What plans does Time Warner Cable Inc. have with regard to headends, distribution facilities, and interconneetion within the Southern California region? (d) What plans does Time Warner Cable Inc. have with regard to the location and staffing of customer service call centers? And regardless of their location, what plans does Time Warner Cable Inc. have with regard to responding to non-English-speaking subscribers and potential subscribers, particularly those whose primary language is Spanish? (e) In view of the stated intentions of Time Warner Cable Inc. to increase its operating margins relative to those of the current cable operator (Adelphia), in part by reducing overhead expenses, how does Time Warner Cable Inc. propose to maintain the level of technical support and customer service that is currently provided within the Cities' fi'anchise service areas? 4. Legal Onalifications of Time Warner NY Cable LLC The proposed new franchisee, which will be an indirect, wholly-owned subsidiary of Time Warner Cable Inc., is identified as Time Warner NY Cable LLC, a Delaware limited liability company. In order that we may evaluate the legal qualifications of this proposed new franchisee, please provide copies of the articles of organization, the operating agreement, and any document that vests the management of Time Warner NY Cable LLC in a manager or managers. In addition, if employees of Time Warner Cable Inc. are to operate and maintain the franchised cable systems, please provide a copy of any proposed management contract between the new franchisee and Time Warner Cable Inc. We also request information concerning the anticipated timefi'ame within which Time Warner NY Cable LLC will file an application with the California Secretary of State to conduct business in California. Upon such qualification, please provide us with a copy of the certification. /7¥ RICHARDS J WATSON J GERSHON Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 5 5. Corporate Guarantee The proposed new franchisee, Time Warner NY Cable LLC, appears to be newly organized (as of March 26, 2003) and has no history of owning and operating cable television franchises. In this regard, please state whether the entity that will guarantee the obligations of the transferee, Time Warner NY Cable LLC, following the closing of this transaction will be (a) Time Warner Cable Inc., which is identified in paragraph (2) of Section H of the FCC Form 394 as the indirect parent of Time Warner NY Cable LLC, or (b) Time Warner Inc., which we understand is the Transferee/Assignee's ultimate parent corporation. 6. Franchise Authority Actions and Adverse Final Action~ In March 2003, approximately twenty-eight months ago, Time Warner Cable Inc. was incorporated, and its wholly-owned subsidiary, Time Warner NY Cable LLC, was organized as a limited liability company. In response to the question set forth in paragraph (4) of Section II, Time Warner NY Cable LLC states that it has not had "any interest in or in connection with an applicant Isle] which has been dismissed or denied by any franchise authority," and then references Exhibit 4. The first sentence of the first paragraph of Exhibit 4 states that neither Time Warner NY Cable LLC, nor its parent, Time Warner Cable Inc., nor its affiliates "have ever had an application for renewal ora cable television franchise denied pursuant to a final decision." Please clarify what is meant by the term "final decision." Have there been any denials of franchise renewals other than pursuant to a "final decision?" If so, (as we believe to be the case, e.g., in Charlotte, North Carolina), please describe those denials and their eirenmstances. In addition, please clarify why the question set forth in paragraph (4) of Section II is answered in the negative when, in fact, three instances are listed on Exhibit 4 where local franchising authorities denied consent to assignments or transfers ofcontrul requested by Time Warner Cable Inc. or its affiliates. With regard to the questions concerning "adverse findings" or "adverse final actions" set forth in paragraph (5) of Seetion II, Time Warner Cable Inc. has responded in the negative and has referenced Exhibit 5. Please confirm that the basis for the negative response is that all of the entities involved in the litigation and other matters described in Exhibit 5 are entities other than the indirect parent, Time Warner Cable Inc., and other than the proposed new franchisee, Time Warner NY Cable LLC, its wholly-owned subsidiary. RICHARDS J WATSON J GERSHON Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 6 7. Ownership and Organization Chart Exhibit 1 to the FCC Form 394 has attached to it a chart that purports to illustrate the transaction. This chart does not identify any of the "Intermediate Entities" that are interposed between Time Warner Cable Inc. and the new fianchisee, Time Warner NY Cable LLC. Please provide a revised ownership and organization chart that identifies all direct and indirect parent entities of Time Warner NY Cable LLC as they will exist upon the closing of the transaction, including percentage ownership interests. In addition, please identify the entities that are referenced in the following statement that appears at the bottom of the chart: "A minority non-voting equity interest in an intermediate subsidiary is held by an entity under common control with Time Warner Cable Inc." 8. Modifications to Asset Purchase Agreement Reference is made to the Asset Purchase Agreement dated April 20, 2005, between Adelphia Communications Corporation and Time Warner NY Cable LLC. Please provide us with copies of any modifications to this agreement, or its related schedules and exhibits, that have been made since this document was signed by the parties on April 20, 2005, up to and including the date of your response to this letter. 9. Hart Scott Rodino Act Section 6.1 of Article VI of the Asset Purchase Agreement references compliance with the applicable requirements of the Hart Scott Rodino Antitrust Improvements Act of 1976 (the "HSR Act"). Please advise us of the actual or anticipated filing date of the "notification and report" required to be filed under the ' HSR Act by any of the parties to this transaction. In addition, please advise us whether the applicable waiting period has now elapsed and, if not, when it will expire. 10. Securities and Exchange Commission Please advise us of any filings that have been made, or that are expected to be made, with the Securities and Exchange Commission by any of the parties in connection with the proposed assignments or transfers of control of the cable television fi:anchises granted by the Cities, and when any required SEC approvals are anticipated to be received. RICHARDS I WATSON I GERSHON ATTORN £Y$ AT LAW -A PROFE$$10/JAL CORPORATION Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 7 11. Federal Communications Commission Please advise us of any filings that have been made, or that are expected to be made, with the Federal Commun/cations Commission by any of the parties in connection With the proposed assignments or transfers of control of the cable television f~anchises granted by the Cities, and when any required approvals of the FCC are anticipated to be received. Please provide copies of any written comments that have been received to date fi'om the FCC that relate to the proposed transaction. 12. Bankruptcv Proceeding~ Section 5.13 of Article V of the Asset Purchase Agreement references the bankruptcy proceedings involving Adelphia Communications Corporation. Under Section 5.13, Adelphia Communications Corporation was obligated, within 45 days after April 20, 2005 (the effective date of the agreement) to file with the Bankruptcy Court (a) a Disclosure Statement with respect to the Chapter 11 Plan related to the Reorganization Case; (b) a motion to approve the Disclosure Statement; and (c) the Chapter 11 Plan. Please advise us concerning the date or dates on which the above referenced documents were filed, the current status of the Bankruptcy Court's review of these documents, the current status of any legal challenges filed by creditors, bondholders, or other stakeholders, and the currently anticipated date of the court's Confirmation Hearing and Confirmation Order. 13. Franchise Renewal Negotiations; Franchise Consolidation (a) The City of Highland is currently engaged in negotiations related to the renewal and consolidation of two cable fi'anchise agreements with subsidiaries of Adelphia Communications Corporation. Please describe what efforts, if any, will be made by Time Warner NY Cable LLC to conclude these renewal negotiations prior to the City's consideration of the proposed franchise assignment, or prior to the closing of the proposed transaction. In addition, if the City of Highland approves the assignment of the cable franchise to Time Warner NY Cable LLC prior to the conclusion of the renewal negotiations, please describe the enforceable commilments that can or will be made by Time Warner NY Cable LLC to expedite the renewal process prior to the closing of the proposed transaction. (b) The City of Costa Mesa is currently served by three different cable operators. Comcast of Costa Mesa, Inc. is the dominant cable operator serving nearly all subscribers in the City. If the Comcast to TWC Transaction is consummated, the /7? RICHARDS J WATSON J GERSHON Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 8 successor franchisee to Comcast of Costa Mesa, Inc. will be C-Native Exchange I, LLC, a wholly-owned subsidia~ of Time Warner Cable Inc. Adelphia Cablevision of Orange County, LLC now serves approximately 100 subscribers in a newly-annexed area of the City. If the Adelphia to TWNY Transaction is consummated, the successor franchisee to Adclphia Cablevision of Orange County, LLC will be Time Warner NY Cable LLC, also a wholly-owned subsidiary of Time Warner Cable Inc. A small enclave in the City, identified as Tract No. 10018, is currently served by Time Warner Cable Inc., which will become the indirect parent of C-Native Exchange I, LLC and of Time Warner NY Cable LLC upon consummation of the proposed transactions. Please address the feasibility of consolidating these three cable franchises into one cable franchise following thc closing of the two transactions referenced above. 14. Financial Qualifications Please respond to the following questions that will enable the Cities to undertake a financial analysis of the Adelphia to TWNY Transaction: (a) As we currently understand the proposed acquisition and exchange transactions, Time Warner Cable Inc. is expected to pay approximately $9.2 billion in cash to Adelphia and approximately $ 2.0 billion in cash to Comcast. Please describe how this amount is expected to be financed and, in particular, the sources of any anticipated debt financing. (b) Please describe any anticipated changes to Adelphia's current rates, rate structure, or rate filings (timing or methodologies) in the Cities that are expected to occur as a result of the proposed acquisition of the cable franchises by Time Warner NY Cable LLC. (c) For each of the Cities, please provide operating statistics at year-end for each of the years 2001 through 2004, and for the most recent period available in 2005 (first quarter or second quarter), including: · Plant miles · Homes passed · Basic subscribers · Pay (premium) units · Digital subscribers RICHARDS J WATSON J GERSHON Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 9 · HSD (Intemet service) subscribers · Telephone service subscribers These operating statistics should be provided for: · Time Warner Cable Inc. · Thc Adelphia cable system (general ledger) of which each City's cable franchise is a part · Each City's franchise service area (d) Please provide (i) a pmforma combined balance sheet and statement of operations for Time Warner Cable Inc. that reflects the Adelphia acquisition and the exchanges with Comcast, as of December 31, 2005, or as of the expected date of closing; and (ii) proforma projected financial statements for each of the years ending December 31, 2006, 2007, and 2008, including balance sheets, income statements, and statements of cash flows, for each of the following: · Time Warner Cable Inc. * Time Warner NY Cable LLC · The former Adclphia cable system (general ledger) to be owned and operated by Time Warner NY Cable LLC of which each City's franchise is a part · Each City's franchise service area For the latter three entities (Time Warner NY Cable LLC, the local cable system, and the local franchise service area), cash flow projections (without balance sheets) would suffice. The pm forma projections should include (i) detailed operating statements (revenue and operating expense), and (ii) capital expenditure mounts, together with key assumptions, including (A) operating statistics, i.e., plant miles, homes passed, and subscribers or customers for each significant type of service offered; (B) revenue assumptions, such as growth in service rates; (C) expense assumptions, such as direct costs of service, staffing levels, or anticipated cost inflation; (D) capital expenditure assumptions, such as miles of plant to be built or rebuilt and costs per mile of construction or per subscriber; and (E) financing assumptions, such as funds to be borrowed, interest rates, and timing of repayment, or equity infusions and distributions. /7? RICHARDS I WATSON I GERSHON Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 10 (e) Please provide the names and phone numbers of representatives of Time Warner Cable Inc. or of Adelphia, or both, who are knowledgeable regarding the above-requested information, and who can respond to questions that may arise once the Cities have received and reviewed that information. 15. Estimated Closing Date of the Adelphia to TWNY Transaction In view of the necessity for local franchising authority approvals, SEC filings, FCC approval, HSR review by the Federal Trade Commission and the Antita'ust Division of the Department of Justice, a Confirmation Order from the Bankruptcy Court, and other third party consents, what is the best estimate of Time Warner NY Cable LLC concerning the date on which the Adelphia to TWNY Transaction will close? *** Based upon the comments set forth above in this letter, we believe that the FCC Form 394 submitted in connection with the proposed Adelphia to TWNY .Transacfi.on is, in several respects, inaccurate and incomplete. Some of these maccurac.~es may be attributable to Adelphia's inadvertence, neglect, or failure to commumcate with the Cities in connection with changes affecting the organizational structure of the Adelphia entities that currently own and operate the cable franchises. In addition, incomplete or nonresponsive answers have been given to questions set forth in the FCC Form 394. Finally, Time Warner Cable Inc. made the decision to omit all schedules and annexes to the Asset Purchase Agreement, based upon a determination that they are "not necessary to understand the terms of the agreements" or that they "contain confidential Bade, business, pricing or marketing information." The inclusion of these supplemental documents may have avoided the necessity of specifying in this letter numerous requests for additional information that the Cities and their consultants believe is necessary to understand these transactions and theft potential impacts on constituents who subscribe to cable services. We are therefore informing Time Warner Cable Inc. of our determination that the Cities have not received an accurate and complete FCC Form 394. Consequently, the 120-day review period will not be deemed to commence until the information requested in this letter has been submitted. It is not the desire of our clients to hinder or attempt to prevent the consummation of these transactions that are unique in their magnitude and RICHARDS J WATSON J GERSHON Time Warner Cable Inc. Comcast Cable Communications, LLC July 13, 2005 Page 11 ' complexity. We are prepared to expedite our continuing review of the legal, financial, and technical qualifications of the entities involved in these transactions following receipt of the information that has been requested. A prompt response should enable us to complete that review within the 120~day period provided by law and to make appropriate recommendations to the legislative bodies of our clients concerning the request for approval of the proposed assignments and Ixansfers of control of their cable franchises to new fi~anchisees. Thank you for your anticipated cooperation. Very txuly yours, William B. Rudell cc: Brad M. Sormenberg Executive Vice President, General Counsel and Secretary Adelphia Communications Corporation 5619 DTC Parkway Denver, CO 80111 Comcast Communications 1500 Market Street 28th Floor West Tower Philadelphia, PA 19102 Attn: Sheila R. Willard 11086-O068L829560v2.doc Ade lphia-TimeWq~~ Applications and Public Interest Statement By this filing, Adelphia Communications Corporation ("Adelphia"), Time Warner Inc. ("Time Warner") and Comcast Corporation ("Comcast") seek the Commission's approval for various license transfers that will occur pursuant to a series of agreements the companies have entered into with Adelphia and with each other (the "Transactions"). The end result of these Transactions will be: (1) Time Warner Cable Inc. ("Time Warner Cable") and Comcast separately will acquire substantially all of bankrupt Adelphia's domestic cable systems; (2) Time Warner Cable and Comcast will exchange certain systems that they currently own or will acquire from Adelphia; and (3) Comcast will divest its ownership interests in Time Warner Entertainment Company, L.P. ("TWE") and Time Warner Cable, and Time Warner Cable will emerge from the Transactions as a publicly traded company. These Transactions, which fully comply with the Communications Act and the Commission's rules, will generate substantial public interest benefits that are not otherwise achievable and will do so without producing any possible countervailing public harm. The Transactions Will Accelerate Deployment of Advanced Services on Adelphia Systems. By taking the Adelphia cable systems out of bankruptcy and placing them under the operation of either Comcast or Time Warner Cable--two of the nation's most stable, respected, and technologically advanced cable operators--the Transactions will accelerate the deployment of advanced services to consumers now served by the Adelphia systems and will thereby promote competition. Due in no small measure to the circumstances that led Adelphia to declare bankruptcy in 2002, as well as the costs and uncertainties associated with the bankruptcy process itself, Adelphia has lagged behind Comcast and Time Warner Cable in managing the introduction of advanced services. For example, as of the end of 2004, Adelphia's high definition (HD") and high speed data ("HSD") penetration levels paled in comparison to those of Adelphia-Tirae Warner--Comcast Applications and Public Interest Statement Time Warner Cable and Comcast. Most notably, Adelphia has not yet offered a facilities- based, voice communications service to any of its customers: Adelphia Time Warner Cable Comcast Voice Communications Customers 0 500,000 1,225,000 HSD Penetration (Percent of Homes Passed) 14.4% 20.8% 18.3% HD Subscribers (Percent of Basic Subscribers) 2.8% 5.3% 6.7% Adelphia similarly lags behind Time Warner Cable and Comcast in its penetration levels for VOD service, DVR subscribers and even basic cable service. As industry leaders in upgrading and operating broadband networks, and by virtue of the _location of their current properties, Time Warner Cable and Comcast are uniquely positioned to accelerate and improve the performance of the Adelphia systems, particularly with regard to the roll-out of telephony. Time Warner Cable and Comcast will provide the Adelphia systems with the management experience and operating efficiencies that will benefit consumers and enhance competition. Indeed, Adelphia customers can anticipate more reliable and higher quality service at alt levels of operation, including basic cable service. As outside analysts have recognized, no other company or companies has the combination of experience, resources, and established geographic structure necessary to produce these particular consumer benefits. The Transactions Will Result in Pro-Competitive Geographic Rationalization of System Operations. The public benefits of the Transactions are not limited to improving the underperforming Adelphia systems. All of Time Warner Cable's and Comcast's customers (current and potential) will benefit from the enhanced geographic rationalization that will result from the acquisition of Adelphia's systems and the associated swaps of systems between Time Warner Cable and Adelphia-Time Wamer--Comcast Applications and Public Interest Statement Comcast. The Transactions alone create the opportunity for this enhanced regionalizatinn, which will produce cost-saving operational, infrastructure, and marketing efficiencies that will foster greater competition with national DBS service providers and with incumbent telephone companies. This will be especially significant to consumers as incumbent telephone companies begin offering bundles of video, voice, and data products in their expans!ve and contiguous regional service areas that will remain much larger than the somewhat expanded footprints for Time Warner Cable and Comcast resulting from the Transactions. Indeed, as the Commission itself has acknowledged, allowing cable operators to rationalize their geographic footprints makes cable MSOs more similar in geographic scope to the Bell LECs, which in mm makes cable providers a more effective competitor to LECs whose service areas are usually larger than a single cable franchise area. · The Transactions Will Promote Beneficial Efficiencies and Economies of Scale. The geographic rationalization that would not occur absent thc Transactions also will directly benefit subscribers through improvements in customer service. Comcast and Time Warner Cable will be better able to consolidate and expand their regional call centers; coordinate technicians and truck fleets through centralized facilities; utilize cable system headends and nodes more effectively; and maintain and service their networks in a more responsive manner. Moreover, the Transactions are expected to decrease the aggregate amount of overhead spent on corporate services, including administration, corporate development, strategic planning, treasury, accounting, tax, and in-house legal services. The Transactions also will allow Time Warner Cable and Comcast to become more effective competitive platforms for local and regional advertisers. -iii- /~?/~ Adelphia-Time Wamcr~2omoast Applications and Public Interest Statement · The Transactions Will Further the Policies of the Bankruptcy Laws. Approval of the Transactions will advance the public interest by facilitating Adelphia's successful emergence from bankruptcy. In contrast, rejection of the Applications would seriously tmdermine this objective. In particular, any effort to remarker Adelphia's assets would delay payment to creditors during the course of approximately two additional years of bankruptcy and regulatory proceedings. During this time, the bill for professional fees (for attorueys, accountants, investment bankers, etc.) would run at a rate of about $20 million per month. Moreover, these costs easily could be dwarfed by changes in the overall value of the payments to be made to creditors. Certainly, there can be no assurance the value of the Transactions could be replicated some two years down the road, in unknown market conditions, through negotiations that did not include Time Warner Cable or Comcast. · The Transactions Will Achieve a Long-Standing Commission Public Interest Goal By Unwinding Comcast's Passive Interests in Time Warner Cable and TWE. Another important public interest benefit of the Transactions will be the mutually beneficial and ahead-of-schedule divestiture of Comcast's passive ownership interests in Time Warner Cable and TWE. The Commission has long desired the divestiture of these interests, which can be traced to US WEST's 1993 investment in TWE. The Commission, however, has properly recognized the challenges presented by divestiture of this complex ownership stake and that the public interest is served by effectuating such divestiture in a way that does not deprive the parties of the value of their investment. The Transactions present a unique opportunity, not otherwise available, to achieve the desired result well ahead of the Commission's deadline and with a minimum of disruption. Adelphia-Time Warner-Comcast Applications and Public Interest Statement · The Transactions are Fully Consistent With Law and Will Have No Anticompetitive Effects. The Transactions will be fully consistent with thc Communications Act and thc Commission's rules. Significantly, while the Transactions will enhance the regional footprints of Comcast and Time Warner Cable, Comcast will only grow marginally (adding only 0.7 percent o£MVPD subscribers nationwide) and Time Warner Cable will achieve a moderate subscriber increase but remain well below the 30 percent cable ownership cap that was overturned by the courts. Moreover, the Transactions will not result in the acquisition by Time Warner Cable or Comcast of an attributable interest in any video programming service, and thus will fully comply with the Commission's various programming roles, including the remanded channel occupancy rule or any more generalized concerns relating to vertical integration. Similarly, both Time Warner Cable and Comcast are committed to taking immediate steps to ensure compliance with the Cormuission's SMATV cross-ownership rules. More generally, approval of the Transactions will comport with the traditional competition and media diversity concerns that underlie each of these regulatory restrictions. Notably, the Transactions will not have any adverse effect on competition in the video programraing business, either with respect to MVPD distribution or in upstream activities involving production, packaging, and sale of video programming. In sum, the Transactions will generate real and substantial benefits for consumers that are not achievable through other means and will do so without violating any statute or Commission rule or creating any anticompetitive effects or media diversity concerns. Accordingly, Adelphia, Time Warner and Comcast respectfully request that the Commission grant these applications promptly and unconditionally. TH E C I T Y OF I ~ ]~A N C H 0 C U CA H 0 N C.A Staff Report TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager BY: Kimberly S. Thomas, Management Analyst III DALE; October 5, 2005 SUBJECT: APPROVAL OF VOTING RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS RECOMMENDATION The City Council consider and approve voting recommendations for League of California Cities 107t' Annual Conference, scheduled from October 6-8, 2005, to provide direction to the City's Voting Delegate, Mayor Pro Tem Diane Williams and Voting Alternate, Council Member Dennis Michael. BACKGROUND I ANALYSIS The League of California Cities' 107th Annual Conference officially opens on Thursday, October 6, 2005, in San Francisco, with more than 2,300 California Mayors and Council Members who are gathering to discuss key policy issues that are important to cities. One of the most important tasks of the League of California Cities (i.e., the "League") is the policy development process. The League accomplishes this task through standing "Policy Committees" and the "Board of Directors" who make recommendations on Resolutions to the "General Assembly" for consideration of support by all of the voting cities (each of the 477 member cities has a "Voting Delegate"). The policies developed through this Resolution process will serve as a guide for action on important issues facing the League and cities today. The Resolution is submitted by cities to garner policy support. The proposed Annual Resolutions are first referred to League Policy Committees for review and recommendations. After a Policy Committee reviews the Resolutions assigned to them for consideration, recommendations will be made to the General Resolutions Committee. The General Resolutions Committee considers the reports of the Policy Committees regarding the Resolutions. This Committee includes one representative from each of the League's regional divisions, functional departments, and standing Policy Committees, as well as additional city officials appointed by the League president. The cycle concludes at the Annual Business Meeting where Resolutions are reported to the floor of the General Assembly that is comprised of all cities' Voting Delegates. This year, there are a total of eight {8) Resolutions that have been introduced for consideration by the Annual Conference and referred to the League Policy Committees, which will then make recommendations to the General Resolution Committee for consideration by the General Assembly. Please note that some resolutions have been referred to more than one Policy Committee for consideration. The 2005 Annual Resolution packet prepared by the League is attached (League Resolutions Attachment dated August 26, 2005, and General Resolution Committee Updated September 12, 2005). This packet outlines the process and the submitted Resolutions. Overall, most of the Resolutions are considered generally non-controversial statements of support for cities policy ideas or goals and have varying degrees of applicability to our City. However, Staff wanted to draw your attention to t~vo Resolutions: 1. The first Resolution (#6) relates to the voter enacted Proposition 172 Local Public Safety Protection, and Improvement Act of 1993: Prop. 172 was established on November 2, 1993, which established a permanent statewide half-cent sales tax for the support of local public safety activities in cities and counties. Proposition 172 was placed on the ballot by the Legislature and the Governor to partially replace the $2.6 billion in property taxes shifted from local agencies to local school district's "Educational Revenue Augmentation Funds" (ERAF). The proceeds of the funds were to be used by cities and counties to provide necessary funds to "public safety services" including but not limited to sheriffs, police, fire protection, county district attorneys, and county corrections. The League Resolution under consideration is sponsored by the cities in San Diego County who argue that their contribution is disproportionate. They are looking to gain support to make changes to the distribution formula to reflect more accurately the distribution of Proposition 172 public safety revenues to San Diego cities. This Resolution has been referred to both the Public Safety, and Revenue and Taxation Policy Committees for their recommendation. 2. The second Resolution (#7) relates to Sexual Predators: The City of La Mesa aims to garner support for making adjustment to existing law requiring that (1) minors adjudged wards of the juvenile court may be placed in community care facilities; and (2) an inmate released on parole for commission of lewd or lascivious acts or continuous sexual abuse of a child shall not be placed or reside (for the duration of the period of parole) within 1/4 mile of a school. It requests support for Senator Hollingsworth's SB 1051, which would: (1) prohibit a licensed community care facility receiving state funds and located within one mile of any school from accepting juveniles undergoing treatment, therapy, or counseling for sexual disorders, deviancy, or sexual misbehavior of any kind; and (2) expand the 1/4 mile distance restriction to one mile. This Resolution has been referred to the Public Safety Policy Committee for their recommendation. In addition, as will be discussed under a separate report under Council Business, a discussion may occur as part of a "Resolution Initiative" relating to Proposition 76. The League's Initiative process provides for consideration of Resolutions that develop after the normal 60-day deadline, whereby a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures are required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is 10:30 a.m., Friday, October 7, 2005. It is undetermined at this time as to whether the Initiative Process will be utilized for the consideration of Proposition 76 or other issues· CONCLUSION As the League Resolutions will be studied in great detail by the League Policy Committees involved and the General Resolutions Committee, Staff is recommending following the voting recommendations of the League's Policy Committees and the General Resolutions Committee on all the resolutions and registering the City's vote accordingly at the Annual Conference in San Francisco. R.~c~ly~.~mitted, /3 · Management Analyst III Attachments -- League Annual Meeting and Transmittal of Resolutions Packet (Original Dated August 26, 2005) -- Addendum to General Resolution Committee (Updated 9/12/05) E AGUE ,400 K stre.t, Su,te400. ,cram n,o. OF CALl FOR. NIA Phons: 9113.§§§.8200 Fax: 916.6§8.8240 C I T I E S .oac,t, ,.org August 26, 200~ Notice of League Annual Meeting and Transmittal of Resolutions Packet To: 1) Mayors and City Managers 2) Members of the League Board of Directors 3) Members of League Policy Committees 4) Members of the League's General Resolutions Committee Meetin,q Notice The League of California Cities' 2005 Annual Conference will occur on October 6 - 8 at the Moscone Convention Center West, 800 Howard Street, San Francisco, California. The League's Concluding General Session I General Assembly will meet on Saturday morning at 10:00 a.m., October 8. The estimated start time for the Annual Business Meeting and discussion of resolutions is t0:30 a.m. Conference registration information has been previously sent to each city and is available at www. cacities, or.q/ac Packet Distribution Note to City Managers and City Clerks: Please distribute this packet immediately to the mayor and voting delegate, as well as other city officials planning to attend the conference. If your city needs additional copies, we encourage you to make copies of this packet or print a copy from the League's website (www.cacities.or,q/resolutions). Only a limited number of additional copies will be available at the conference. Packet Contents At the conference, seven policy committees, the General Resolutions Committee and the League's General Assembly (comprised of designated voting delegates from each city) will consider the enclosed eight resolutions. This packet contains information relating to the General Assembly's decision-making processes: I. Information and Procedures I1. Guidelines for Annual Conference Resolutions Ill. Location of Meetings IV. Membership of General Resolutions Committee V. History of Resolutions VI. Annual Conference Resolutions (8) We look forward to seeing everyone at the conference. ,' Please Bring This Packet to the Annual Conference ', , October 5 - 8, San Francisco ', INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. This year, eight resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. Please note that some resolutions have been referred to more than one policy committee for consideration. POLICY COMMITTEES. Seven policy committees will meet at the Annual Conference. With the exception of the Community Services Policy Committee (which has no resolution assigned to it), all other policy committees will meet on Thursday, October 6. The committees that met on Thursdays will meet from 8:30 a.m. - 9:15 a.m. The committees that met on Fridays, will meet from 9:30 a.m. - 10:15 a.m. The sponsors of the resolutions were notified of the time and location of the meeting. Please see page iii for the meeting schedule. After resolutions are reviewed, recommendations will be made to the General Resolutions Committee. THE GENERAL RESOLUTIONS COMMITTEF will meet at 1:30 p.m., on Friday, October 7, at the Moscone Convention Center West, San Francisco, to consider the reports of the seven policy committees regarding the eight resolutions. This committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. THE CONCLUDING GENERAL SESSION / GENERAL ASSEMBLY will convene at 10:00 a.m. on Saturday, October 8, at the Moscone Convention Center West. The estimated start time of the Annual Business Meetinql to consider the report of the General Resolutions CommitteeI is 10:30 a.m. Resolutions considered by the General Assembly will retain the numbers assigned to them in this document. INITIATIVE RESOLUTIONS. For those issues that develop after the normal 60-day deadline1 a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is t0:30 a.m., Friday, October 7. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Resolutions can be viewed on the League's website: www.cacities.orR/resolutions. Any questions concerning the resolutions procedure should be directed to Linda Welch Hicks at the League office: Ihicks~cacities.or,q or (916) 658-8224. Pat Eklund, President League of California Cities Council Member, Novato II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. This influence may be exemised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the board of directors. Annual conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws. III. LOCATION OF MEETINGS Policy Committee Meetings Thursday, October 6, 2005 Moscone Convention Center West 800 Howard Street (4th & Howard St) San Francisco, California 94103 (415) 974-4000 8:30 a.m. - 9:15 a.m. 9:30 a.m. - t0:15 a.m. Employee Relations Administrative Services Housing, Community & Economic Development Environmental Quality Public Safety Revenue and Taxation (Note: Community Services will not meet as no resolutions were referred to Transportation, Communication & this committee.) Public Works General Resolutions Committee Friday, October 7, 2005, 1:30 p.m. Moscone Convention Center West 800 Howard Street, San Francisco General Assembly at the Annual Business Meeting Saturday, October 8, 2005, 10 a.m. Concluding General Session begins at 10 a.m. NOTE: Estimated start time for Business Meeting and discussion of resolutions is 10:30 a.m. Moscone Convention Center West 800 Howard Street, San Francisco iii IV. IPartial List J League of California Cities 2005 GENERAL RESOLUTIONS COMMITTEF Annual Conference - Moscone Convention Center West, San Francisco - October 5 - 8, 2005 (Committee Meeting: October 7, 2005, 1:30 p.m.) Chair: Maria Alegria, Council Member, Pinole Vice Chair: Larry Clark, Mayor, Rancho Palos Verdes Parliamentarian: Arlen Gregorio, Mediator, San Francisco Cynthia Adams, Council Member, Aliso Viejo Robert Locke, Finance & Admin. Svcs. Dir., Mt. View Harry Armstrong, Council Member, Clovis Robin Lowe, Vice Mayor, Hemet Lou Bone, Mayor, Tustin Paul Luellig, Mayor Pro Tem, Barstow Bill Brown, Chief of Police, Lompoc Marsha McLean, Council Member, Santa Clarita Jim Bruno, Council Member, Westlake Village E. Timothy Parker, Mayor Pro Tern, Newman John Chlebnik, Council Member, Calimesa Lisa Rapp, Public Works Director, Lakewood Jeff Clet, Fire Chief, San Jose Michael Roush, City Attorney, Pleasanton JoAnne Cousino, City Clerk, Barstow Robert Rumfett, Mayor, Lakeport lya Falcone, Council Member, Santa Barbara Sedalia Sanders, Council Member, El Centro Joe Fernekes, Mayor Pro Tem, So. San Francisco Arne Simonsen, Council Member, Antioch Tony Ferrara, Mayor, Arroyo Grande Bill Spriggs, Council Member, Merced Sharon Fierro, Community Dev. Dir., Campbell Ron Swegles, Vice Mayor, Sunnyvale Alice Fredericks, Council Member, Tiburon Miguel Ucovich, Council Member, Loomis Lois Gaston, Council Member, Duarte Lori Van Arsdale, Council Member, Hemet Curt Hagman, Council Member, Chino Hills Ana Ventura-Phares, Mayor, Watsonville Kathy Hicks, Council Member, Walnut Creek A. Kay Vinson, City Clerk, Murrieta Joe Kellejian, Mayor, Solano Beach Benjamin Wong, Mayor Pro Tern, West Covina Jeff Kolin, City Manager, Santa Rosa Laura Wright, Sr. Administrative Analyst, Pittsburg Linn Livingston, HR Director, San Bernardino HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action R - Refer to appropriate policy committee for study Action Footnotes a - Amend Aa- Approve as amended * Subject matter covered in another resolution Aaa - Approve with additional amendment(s) ** Existing League policy Ra - Amend and refer as amended to *** Local authority presently exists appropriate policy committee for study Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee. Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. v Resolutions have been grouped by policy committees to which they have been assigned. Please note that some resolutions may have been assigned to more than one committe~. These resolutions are noted by this si,qn (e). Number Key Word Index Reviewing Body Action I I I 1 I 2 I 3 I 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 Publication of Home Addresses & Telephone Numbers of Elected & Appointed Officials COMMUNITY SERVICES POLICY COMMITTEE 1 2 3 Notecommittee. No resolutions were assigned to this policy EMPLOYEE RELATIONS POLICY COMMITTEE 1 2 3 2 Public Sector Uentoring Program ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 · 3 Ahwahnee Water Principles for Resource-Efficient Land Use · 4 Voluntary Statewide Residential Green Building Guidelines · 5 Urban Environmental Accords Adopted by United Nations World Environmental Day HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE 1 2 3 · 3 Ahwahnee Water Principles for Resource-Efficient Land Use e4 Voluntary Statewide Residential Green Building Guidelines · 5 Urban Environmental Accords Adopted by United Nations World Environmental Day v, PUBLIC SAFETY POLICY COMMITTEE 1 2 3 .67 Sexual Predators Proposition 172 REVENUE AND TAXATION POLICY COMMITTEE 1 2 3 e7 Proposition 172 TRANSPORTATION, COMMUNICATION ANDPUBLIC WORKS POLICY COMMITTEE 1 2 3 Urban Environmental Accords Adopted bt United I Nations World Environmental Day I Broadband Internet Access RESOLUTIONS INITIATED BY PETITION General Resolutions General Committee Assembly Recommendation Action vii VI 2005 ANNUAL CONFERENCE RESOLUTIONS RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEF t. RESOLUTION RELATING TO PUBLICATION OF HOME ADDRESSES AND TELEPHONE NUMBERS OF ELECTED AND APPOINTED OFFICIALS Source: City of Tustin Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee,' WHEREAS, The Public Safety Officials Home Protection Act of 2002 added provisions to Govemment Code § 6254.21 that prohibit any person from knowingly posting the home address or telephone number of any elected or appointed official, or the official's residing spouse or child, on the Intemet knowing that the person is an elected or appointed official and intending to cause imminent groat bodily harm to that individual; and WHEREAS, elected and appointed officials aro not protected in a similar manner from publication of their home address or telephone number in a newspaper or similar periodical; and WHEREAS, elected and appointed officials, as defined in § 6254.21, do receive threats and have become the target of violence at their homes, and the unauthorized publication of their home addresses or telephone numbers in newspapers or similar periodicals in ads or articles, like publication on the Intemet, is a threat to the security of public officials in their homes; and WHEREAS, Government Code § 6254.21 should be amended or other legislation enacted which prohibits the unauthorized publication of the home addresses or telephone numbers of elected and appointed officials in newspapers or similar periodicals or otherwise provides protection to elected and appointed officials from such unauthorized publication; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League support legislation to extend or provide protection to elected and appointed officials from the publication of their home addresses or telephone numbers in newspapers or similar periodicals. BACKGROUND INFORMATION ON RESOLUTION NO. 1 SOURCE: CITY OF TUSTIN TITLE: RESOLUTION RELATING TO PUBLICATION OF HOME ADDRESSES AND TELEPHONE NUMBERS OF ELECTED AND APPOINTED OFFICIALS Background: The Public Safety Officials Home Protection Act of 2002 amended State law to prohibit the posting of the name, address or telephone number of any elected official, or the official's residing spouse or child, on the Internet knowing that the person is an elected official and intending to cause imminent bodily harm to that individual. Elected officials are not protected in a similar manner from publication of their home addresses or telephone numbers in a newspaper or similar periodical. Being an elected official carries a responsibility to be accessible to the public. Letters, emails, conducting public hearings, public input at public meetings, voice messages, etc., are means to communicate with elected officials. More than ever, elected officials are subject to public scrutiny and interface with the public through traditional means and with interactive technology. At the same time, citizen legislators should expect reasonable privacy in their homes and be secure in the feeling that their public official status does not endanger themselves or their families. Unfortunately, carrying out their duties as elected officials can give rise to situations where some persons are dissatisfied to the point of inappropriate conduct towards elected officials. Elected officials do at times make decisions regarding regulatory measures, authorize litigation and affect the lives of individuals through discretionary decision making. Discharging these duties does at times upset some individuals. Elected officials should not have to unduly fear for their safety or that of their families when discharging their duties. If this resolution is enacted by the General Assembly of the League of California Cities, the League would support legislation to simply extend protection to elected officials that currently exists for the Internet to newspapers and other periodicals. //////// RESOLUTION REFERRED TO EMPLOYEE RELATIONS POLICY COMMITTEE 2. RESOLUTION RELATING TO PUBLIC SECTOR MENTORING PROGRAM Source: Personnel and Employee Relations Department Referred to: Employee Relations Policy Committee Recommendation to General Resolutions Committee: WHEREAS, many public sector employees will retire from service within the next five to ten years; and WHEREAS, the impact of these vacancies due to the loss of qualified staff and institutional knowledge will be particularly evident in critical positions such as department heads, managers, and supervisors; and WHEREAS, the community of public sector employers on whole are faced with serious issues regarding new recruitment and vacancies in critical positions in local government; and WHEREAS, the community of public sector employers are faced with the absence of a comprehensive, statewide, succession-planning strategy; and WHEREAS, the lack of succession planning impacts all city departments of local governing agencies from public safety to miscellaneous employees; and WHEREAS, one of the most efficient strategies to develop internal talent pools to fill critical vacancies within a local government agency is a comprehensive Mentoring Program; and WHEREAS, the Personnel and Employee Relations Department of the League of California Cities has developed a model Mentoring Program from which public agencies may benefit; and WHEREAS, all Departments of the League of California Cities will benefit from a Mentoring Program that addresses succession planning and staff development issues; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League support a statewide Mentoring Program that can be accessed via the League's website; and be it further RESOLVED, that the League support all local government succession planning and mentoring efforts, encourage each League Department to actively discuss and encourage such efforts, encourage each public agency to establish succession plans and mentoring programs, and to use the Personnel and Employee Relations Department Mentoring Program as a model. BACKGROUND INFORMATION ON RESOLUTION NO, 2 SOURCE: PERSONNEL AND EMPLOYEE RELATIONS DEPARTMENT TITLE: RESOLUTION RELATING TO PUBLIC SECTOR MENTORING PROGRAM. Background: This resolution is the result of the Personnel and Employee Relations Department's ongoing efforts to establish a comprehensive, statewide mentoring program. The objective of the Mentorship program is to establish a database of qualified Human Resources professionals, and other professionals from all areas of public service, to provide guidance and career counseling for individuals seeking to advance their public sector professions. The Mentoring Program seeks trained professionals with sufficient qualifications to become Mentors, and who are willing to advise others seeking car career advancement in the public sector. The Mentoring Program would also seek to pair the Mentors with individuals needing professional guidance on advancing their careers in the public sector. Qualified individuals would be listed in a database, which would be available through the League of California Cities Website. Individuals seeking to advance and/or develop further as a public sector professional would be linked to qualified Mentors approved by the Employee Relations Department's Executive Board. The Employee Relations Executive Board Officers are anticipating a large number of public sector professionals to retire in the next 5 to 10 years, and public agencies do not have a sufficiently qualified pool of candidates to fill the expected vacancies. Through a comprehensive Mentoring Program, future professionals in all areas of public service would have a resource to assist in their career development; public agencies would have a resource that assists them in creating future leaders to fill critical and important positions. The expected results of this program are the following: · A sharing of public institutional knowledge that transcends a variety of fields in public sector. Development of the next wave of professionals and managers in the public sector. · Increase in the quality of professionals in the public sector to address the workforce that will be retiring in the next 5 to 10 years. The Personnel and Employee Relations Department has sponsored a resolution to call attention to the mentoring program and necessity for succession planning efforts in each public agency in the State. The League has and will continue to fight funding issues on the part of public agencies. The lack of qualified leaders and staff is just as critical. The Employee Relations Department strongly urges the League of California Cities to support the Mentoring Program and to actively encourage each public agency to support and engage in mentoring and succession planning efforts. IIIIIIII RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEF e3. RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Source: Jake Mackenzie, Mayor, Rohnert Park Referred to: Environmental Quality and Housing, Community & Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community & Economic Developmer~t Policy Committee: WHEREAS, cities are facing major challenges with water contamination, storm water runoff, flood damage liability, and concerns about whether there will be enough reliable water for current residents as well as for new development, issues that impact city budgets and taxpayers; and WHEREAS, land use decisions made at the local level have major impacts on local, regional, and state water resources in terms of quality, quantity, and availability; and WHEREAS, the Local Government Commission, in partnership with the League of California Cities and the California State Association of Counties, sought funding from the State Water Resources Control Board to develop principles related to water-efficiency and land use; and WHEREAS, the Local Government Commission developed a set of principles known as the Ahwahnee Water Principles for Resource-Efficient Land Use which address the disconnect between local land use decisions and water resources, and which complement the earlier Ahwahnee Principles for Resource-Efficient Corcmunities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League encourage its member cities to adopt the Ahwahnee Water Principles for Resource-Efficient Land Use and to implement the Principles in their future land use decisions. Attachment: Ahwahnee Water Principles for Resource-Efficient Land Use The Ahwahnee Water Principles for Resource-Efficient Land Use Preamble Cities and counties are facing major challenges with water contamination, storm water runoff, flood damage liability, and concerns about whether there will be enough reliable water for current residents as well as for new development. These issues impact city and county budgets and taxpayers. Fortunately there are a number of stewardship actions that cities and counties can take that reduce costs and improve the reliability and quality of our water resources. The Water Principles below complement the Ahwahnee Principles for Resource-Efficient Communities that were developed in 1991. Many cities and counties are already using them to improve the vitality and prosperity of their communities. Community Principles 1. Community design should be compact, mixed use, walkable and transit-oriented so that automobile-generated urban runoff pollutants are minimized and the open lands that absorb water are preserved to the maximum extent possible. (See the Ahwahnee Principles for Resource-Efficient Communities) 2. Natural resources such as wetlands, flood plains, recharge zones, riparian areas, open space, and native habitats should be identified, preserved and restored as valued assets for flood protection, water quality improvement, groundwater recharge, habitat, and overall long-term water resource sustainability. 3. Water holding areas such as creek beds, recessed athletic fields, ponds, cisterns, and other features that serve to recharge groundwater, reduce runoff, improve water quality and decrease flooding should be incorporated into the urban landscape. 4. All aspects of landscaping from the selection of plants to soil preparation and the installation of irrigation systems should be designed to reduce water demand, retain runoff, decrease flooding, and recharge groundwater. 5. Permeable surfaces should be used for hardscape. Impervious surfaces such as driveways, streets, and parking lots should be minimized so that land is available to absorb storm water, reduce polluted urban runoff, recharge groundwater and reduce flooding. 6. Dual plumbing that allows grey water from showers, sinks and washers to be reused for landscape irrigation should be included in the infrastructure of new development. 7. Community design should maximize the use of recycled water for appropriate applications including outdoor irrigation, toilet flushing, and commercial and industrial processes. Purple pipe should be installed in all new construction and remodeled buildings in anticipation of the future availability of recycled water. 8. Urban water conservation technologies such as Iow-flow toilets, efficient clothes washers, and more efficient water-using industrial equipment should be incorporated in all new construction and retrofitted in remodeled buildings. 9. Ground water treatment and brackish water desalination should be pursued when necessary to maximize Iobally available, drought-proof water supplies. Implementation Principles 1. Water supply agencies should be consulted early in the land use decision-making process regarding technology, demographics and growth projections. 2. City and county officials, the watershed council, LAFCO, special districts and other stakeholders sharing watersheds should collaborate to take advantage of the benefits and synergies of water resource planning at a watershed level. 3. The best, multi-benefit and integrated strategies and projects should be identified and implemented before less integrated proposals, unless urgency demands otherwise. 4. From start to finish, projects and programs should involve the public, build relationships, and increase the sharing of and access to information. 5. Plans, programs, projects and policies should be monitored and evaluated to determine if the expected results are achieved and to improve future practices. Authors: Celeste Cantu Martha Davis Jennifer Hosterman Susan Lien Longville Jake Mackenzie Jonas Minton Mary Nichols Virginia Porter Al Wanger Robed Wilkinson Kevin Wolf Editor: Judy Corbett For more information, contact the LGC Center for Livable Communities: 916-448-1198, ext 321 © Copyright 2005, Local Government Commission, Sacramento CA 95814 BACKGROUND INFORMATION ON RESOLUTION NO. 3 SOURCE: JAKE MACKENZIE, MAYOR, ROHNERT PARK TITLE: RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Background: The Local Government Commission, in partnership with the League of California Cities and the California State Association of Counties, sought funding from the State Water Resources Control Board to develop principles related to water-efficiency and land use. The Local Government Commission developed a set of principles known as the Ahwahnee Water Principles for Resource-Efficient Land Use which address the disconnect between local land use decisions and water resources, and which complement the earlier Ahwahnee Principles for Resource-Efficient Communities The Ahwahnee Water Principles for Resource-Efficient Land Use provide cities with a framework to reduce the impact that their growth decisions can have on the quality and quantity of their water resources. Maintaining adequate water supplies and water quality, and protecting the beneficial uses of water, depends largely on land use decisions made by local government. Land use choices either cause or avoid physical impacts to aquatic, wetland, riparian habitat and habitat connectivity, construction and post-construction urban pollution, and alteration of flow regimes and groundwater recharge. The distribution of impervious surfaces and design of storm drain collector systems also have both immediate and long-term impacts on aquatic resources watershed-wide. All in all, the current disconnect between water supplies and quality and land-use regulation has resulted in chronic permitting conflicts, costly regulatory delays, and inadequate resource protection. After-the-fact regulatory control is at best a partial substitute for resource- sensitive planning that assures the efficient use of water and avoids environmental degradation. To make matters worse, political jurisdictions rarely correspond to physical watersheds, and cross-jurisdictional coordination and cooperation is rare or nonexistent. The relationship between land use and water will become increasingly critical given California's projected population growth and urbanization. The Local Government Commission believes that it is extremely important to inform local elected officials about their critical role in addressing future water supplies and the protection of other beneficial uses. For these reasons, we encourage the League of California Cities to adopt this resolution endorsing the Ahwahnee Water Principles for Resource-Efficient Land Use, and support adoption of the Ahwahnee Water Principles for Resource-Efficient Land Use by its member cities, and implementation of the Principles in their future land use decisions. In 2003, local elected officials from throughout the state indicated interest in the principles and support for the proposal to the SWRCB, including: Aliso Viejo Councilmember Karl Warkomski Rohner[ Park Councilmember Jake Mackenzie Buena Park Councilmember Art Brown St. Helena Mayor Ken Slavens Buenaventura Councilmember Nell Andrews San Bernardino Councilmember Susan Lien Longville Carlsbad Mayor Ramona Finnila San Jose Councilmember Linda LeZotte Cloverdale Councilmember Robert Jehn San Luis Obispo Councilmember Christine Mulholland Davis Councilmember Michael Harrington San Luis Obispo County Supervisor Shirley Bianchi Imperial Beach Councilmember Patricia McCoy Santa Clara Councilmember John McLemore Irvine Councilmember Beth Krom Santa Monica Mayor Richard Bloom Loomis Councilmember Walt Scherer Santa Rosa Vice Mayor Jane Bender Los Angeles Councilmember Ruth Galanter Sonoma Councilmember Larry Barnett Modesto Mayor Carmen Sabatino South Gate Mayor Hector De La Torte Monterey County Supervisor Edith Johnsen Stanislaus County Supervisor Pat Paul Napa County Supervisor Diane Dillon Tehama County Supervisor Barbara Mclver Pinole Councilmember Maria Alegria Ukiah Councilmember Marl Rodin Placer County Supervisor Harriet White Ventura County Supervisor Kathy Long Pleasanton Councilmember Jennifer Hosterman Watsonville Mayor Richard de la Paz Redwood City Mayor Richard Claire Woodside Councilmember David Tanner Richmond Vice Mayor Tom Butt Visalia Mayor Jesus Gamboa Rolling Hills Estates Councilmember John Addleman Metropolitan Water District Boardmember Judy Abdo //////// RESOLUTION RELATING TO VOLUNTARY STATEWIDE RESIDENTIAL GREEN BUILDING GUIDELINES Source: East Bay Division Referred to: Environmental Quality Policy Committee and Housing, Community and Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: WHEREAS, California cities strive to preserve and improve the natural and built environment of communities in California, protecting the health of their residents and visitors while fostering their economy; and WHEREAS, the "green building" concept is a whole systems approach to the design, construction and operation of buildings that employs materials and methods that promote natural resource conservation, energy and water efficiency and good indoor air quality; and WHEREAS, green buildings benefit building industry professionals, residents and communities by improving construction quality, increasing building durability, reducing utility, maintenance, water and energy costs, creating healthier homes and enhancing comfort and livability; and WHEREAS, in recent years, green building design, construction, and operational techniques have become increasingly widespread in California and the nation, with many homeowners, businesses, and building professionals voluntarily seeking to incorporate green building techniques into their projects; and WHEREAS, the Alameda County Waste Management Authority had developed a series of voluntary Green Building Guidelines designed specifically for the residential building industry (New Home Construction, Home Remodeling, Multifamily; and WHEREAS, the practices contained in these residential Green Building Guidelines were selected for their viability in today's market and their ability to promote sustainable buildings and communities; and WHEREAS, a number of cities and counties throughout California have used these guidelines and; WHEREAS, to provide regional and statewide consistency, the State Green Residential Environmental Action Team (GREAT) under the leadership of the California Integrated Waste Management Board (ClWMB) is developing voluntary, statewide Residential Green Building Guidelines based on Alameda County's guidelines; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League support the voluntary inclusion of green building design and strategies in residential public and private development projects; and be it further RESOLVED, that the League endorse voluntary, statewide Residential Green Building Guidelines as developed by GREAT and CIWMB; and be it further RESOLVED, that the League encourage cities to adopt the statewide residential guidelines as a reference guide and explore incentives to encourage their use by private developers of residential construction projects. BACKGROUND INFORMATION ON RESOLUTION NO, 4 SOURCE: EAST BAY DIVISION TITLE: RESOLUTION RELATING TO VOLUNTARY STATEWlDE RESIDENTIAL GREEN BUILDING GUIDELINES Background: In order to meet expected California population growth, approximately 220,000 housing units will need to be added annually until 2020. According to the State of California this growth and housing development will have significant impacts in terms of energy consumption, waste generation, water use, transportation, and other quality of life factors. An effective way to reduce these impacts is by incorporating green building in projects. Green building is one of the fastest growing trends in the building industry, according to Better Homes & Gardens magazine. Interest in green building spans the public, private and nonprofit sectors. Local governments in California, such as City of Santa Monica and the Alameda County Waste Management Authority, have developed green building guidelines and educational programs. The California Building Industry Association created the California Green Builder program, and the National Association of Homebuilders released guidelines this year. The U.S. Green Building Council developed the LEED (Leadership in Energy and Environmental Design) rating system, which is being used for institutional and commercial buildings nationally. The State of California is leading by example by requiring all State buildings to be constructed to a LEED Silver standard (Governor's Executive Order #S-20-04) and by promoting the Collaborative for High Performance Schools. What is green building? In a nutshell, green building means taking steps to create buildings that are safe and healthy for people and that protect our environment. For example, proper orientation of homes on a site can significantly reduce the heating and cooling energy that is required year after year. Recycled-content decking, reclaimed lumber and other products put waste to good use, while providing quality and durability that often exceed conventional materials. Advanced framing techniques can substantially reduce lumber requirements without compromising structural integrity. Using Iow-emitting interior finishes and designing for sufficient ventilation will contribute to better indoor air quality. While specific methods and products may vary from project to project, the basic principles of green building apply to all types of new construction and renovation, from remodeling a kitchen to constructing a courthouse. What are the benefits of green building? Green building promotes a whole-systems approach to the planning, design, construction and operation of buildings. This comprehensive approach benefits communities, residents and businesses by: · Improving construction quality and increasing building longevity · Reducing utility, maintenance and infrastructure costs · Protecting the health of workers and residents · Enhancing quality of life in our communities · Supporting manufacturers and suppliers of resource-efficient building products What are Residential Green Building Guidelines? Residential Green Building Guidelines educate builders, homeowners and municipalities about cost-effective green building practices that are applicable to home construction methods in California. The Guidelines were first developed through a collaborative partnership among builders, green building experts and government staff in Alameda County. The New Home Construction Guidelines are being revised to be applicable throughout California and compatible with all available third party verification programs. An interagency state task force led by the California Integrated Waste Management Board, including the California Air Resources Board, California Energy Commission, and Office of Environmental Health Hazard Assessment, is providing technical guidance. Numerous local governments have also contributed to its development. Why the need for Residential Guidelines? Residential Guidelines will facilitate sustainable home construction practices by: · Providing local governments with a ready-to-use educational tool · Offering a range of green homebuilding practices from simple to sophisticated · Encouraging statewide consistency to increase predictability for builders · Providing a way for builders to differentiate themselves in the marketplace EAST BAY DIVISION ACTION At their Board of Directors meeting on June 16, 2005, the East Bay Division unanimously approved the attached Resolution supporting the Voluntary Statewide Residential Green Building Guidelines RECOMMENDATION It is recommended that the Environmental Quality Policy Committee recommend to the General Resolutions Committee adoption of the Voluntary Statewide Residential Green Building Guidelines Resolution: · Supporting the inclusion of green building design and strategies in public and private development projects · Encouraging the California Integrated Waste Management Board to take a leadership role in providing model statewide residential guidelines · Encouraging cities in California to adopt voluntary residential guidelines, evaluate available third party verification programs, and explore incentives to encourage green building by private developers of residential construction projects IIIIII// e5. RESOLUTION RELATING TO THE URBAN ENVIRONMENTAL ACCORDS ADOPTED AT UNITED NATIONS WORLD ENVIRONMENT DAY Source: Gavin Newsom, Mayor, San Francisco Referred to: Environmental Quality; Housing, Community and Economic Development; and Transportation, Communication and Public Works Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: - Transportation, Communication and Public Works Policy Committee: WHEREAS, for the first time in history, the majority of the planet's population now live in cities and that continued urbanization will result in one million people moving to cities each week, thus creating a new set of environmental challenges and opportunities; and WHEREAS, mayors of cities around the globe have a unique opportunity to provide leadership to develop truly sustainable urban centers based on culturally and economically appropriate local actions; and WHEREAS, the Urban Environmental Accords, which were developed as part of United Nations World Environment Day 2005 and signed in San Francisco on June 5, 2005, comprise 21 actions to provide first steps toward urban environmental sustainability, in topic areas of energy, waste reduction, urban design, urban nature, transportation, environmental health, and water; and WHEREAS, in the spirit of the 1972 Stockholm Conference on the Human Environment, the 1992 Rio Earth Summit, the 1996 Istanbul Conference on Human Settlements, the 2000 Millennium Development Goals, and the 2002 Johannesburg World Summit on Sustainable Development, the Urban Environmental Accords build on the synergistic extension of efforts to advance sustainability, foster vibrant economies, promote social equity, and protect the planet's natural systems; and WHEREAS, over seventy cities from six continents have already adopted the Urban Environmental Accords, coming together to write a new chapter in the history of global cooperation to promote this collective platform and to build an ecologically sustainable, economically dynamic, and socially equitable future for our urban cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League calls to action all California mayors to sign the Urban Environmental Accords and collaborate with us to implement the Accords; and be it further RESOLVED, that by signing the Urban Environmental Accords we commit to encourage our city governments to adopt these Accords and commit our best efforts to achieve the Actions stated within; and be it further RESOLVED, that by implementing the Urban Environmental Accords, we aim to realize the right to a clean, healthy, and safe environment for all members of our society. Attachment: Urban Environmental Accords ~ URBAN ENVIRONMENTAL ACCORDS Signed on the occasion of United Nations Environmental Programme World Environmental Day June 5, 2005, in San Francisco, California Green Cities Declaration Recognizing that for the first time in history, the majority of the planet's population now lives in cities and that continued urbanization will result in one million people moving to cities each week, thus creating a new set of environmental challenges and opportunities; and Believing that as Mayors of cities around the globe, we have a unique opportunity to provide leadership to develop truly sustainable urban centers based on culturally and economically appropriate local actions; and Recalling that in 1945 the leaders of 50 nations gathered in San Francisco to develop and sign the Charter of the United Nations; and Acknowledging the importance of the obligations and spirit of the 1972 Stockholm Conference on the Human Environment, the 1992 Rio Earth Summit (UNCED), the 1996 Istanbul Conference on Human Settlements, the 2000 Millennium Summit, and the 2002 Johannesburg World Summit on Sustainable Development, we see the Urban Environmental Accords described below as a synergistic extension of the efforts to advance sustainability, foster vibrant economies, promote social equity, and protect the planet's natural systems; Therefore, be it resolved, today on World Environment Day 2005 in San Francisco, we the signatory Mayors have come together to write a new chapter in the history of global cooperation. We commit to promote this collaborative platform and to build an ecologically sustainable, economically dynamic, and socially equitable future for our urban citizens; and Be it further resolved that we call to action our fellow Mayors around the world to sign the Urban Environmental Accords and collaborate with us to implement the Accords; and Be it further resolved that by signing these Urban Environmental Accords, we commit to encourage our City governments to adopt these Accords and commit our best efforts to achieve the Actions stated within. By implementing the Urban Environmental Accords, we aim to realize the right to a clean, healthy, and safe environment for all members of our society. Implementation & Recognition The 21 Actions that comprise the Urban Environmental Accords are proven first steps toward environmental sustainability. However, to achieve long-term sustainability, cities will have to progressively improve performance in all thematic areas. Implementing the Urban Environmental Accords will require an open, transparent, and participatory dialogue between government, community groups, businesses, academic institutions, and other key partners. Accords implementation will benefit where decisions are made on the basis of a careful assessment of available alternatives using the best available science. The call to action set forth in the Accords will most often result in cost savings as a result of diminished resource consumption and improvements in the health and general well-being of city residents. Implementation of the Accords can leverage each city's purchasing power to promote and even require responsible environmental, labor and human rights practices from vendors. Between now and the World Environment Day 2012, cities shall work to implement as many of the 21 Actions as possible. The ability of cities to enact local environmental laws and policies differs greatly. However, the success of the Accords will ultimately be judged on the basis of actions taken. Therefore, the Accords can be implemented though programs and activities even where cities lack the requisite legislative authority to adopt laws. The goal is for cities to pick three actions to adopt each year. In order to recognize the progress of cities to implement the Accords a City Green Star Program shall be created. At the end of the seven years a city that has implemented: 19 - 21 Actions shall be recognized as a ~'~-~-~ City 15 - 18 Actions shall be recognized as a -~-~ City 12 - 17 Actions shall be recognized as a '~'~ City 8 - 11 Actions shall be recognized as a -~ City Energy Renewable Energy. Energy Efficiency. Climate Change Waste Reduction Zero Waste. Manufacturer Responsibility. Consumer Responsibility Urban Design Green Building. Urban Planning. Slums Urban Nature Parks. Habitat Restoration · Wildlife Transportation Public Transportation · Clean Vehicles · Reducing Congestion Environmental Health Toxics Reduction · Healthy Food Systems · Clean Air Water Water Access and Efficiency. Source Water Protection. Waste Water Reduction Energy Action I Adopt and implement a policy to increase the use of renewable energy to meet ten per cent of the city's peak electric load within seven years. Action 2 Adopt and implement a policy to reduce the city's peak electric load by ten per cent within seven years through energy efficiency, shifting the timing of energy demands, and conservation measures. Action 3 Adopt a citywide greenhouse gas reduction plan that reduces the jurisdiction's emissions by twenty-five per cent by 2030, and which includes a system for accounting and auditing greenhouse gas emissions. Waste Reduction Action 4 Establish a policy to achieve zero waste going to landfills and incinerators by 2040. Action 5 Adopt a citywide program that reduces the use of a disposable, toxic, or non-renewable product category by at least fifty per cent in seven years. Action 6 Implement "user-friendly" recycling and composting programs, with the goal of reducing by twenty per cent per capita solid waste disposal to landfill and incineration in seven years. Urban Design Action 7 Adopt a policy that mandates a green building rating system standard that applies to all new municipal buildings. Action 8 Adopt urban planning principles and practices that advance higher density, mixed use, walkable, bikeable, and disabled-accessible neighborhoods which coordinate land use and transportation with open space systems for recreation and ecological restoration. Action 9 Adopt a policy or implement a program that creates environmentally beneficial jobs in slums and/or Iow-income neighborhoods. Urban Nature Action 10 Ensure that there is an accessible public park or recreational open space within half-a- kilometer of every city resident by 2015. Action 11 Conduct an inventory of existing canopy coverage in the city and then establish a goal based on ecological and community considerations to plant or maintain canopy coverage in not less than 50 per cent of all available sidewalk planting sites. Action '/2 Pass legislation that protects critical habitat corridors and other key habitat characteristics (e.g. water features, food-bearing plants, shelter for wildlife, use of native species, etc.) from unsustainable development. Transportation Action 13 Develop and implement a policy which expands affordable public transportation coverage to within half-a-kilometer of all city residents in ten years. Action 14 Pass a law or implement a program that eliminates leaded gasoline (where it is still used); phases down sulfur levels in diesel and gasoline fuels, concurrent with using advanced emission controls on all buses, taxis, and public fleets to reduce particulate matter and smog- forming emissions from those fleets by 50 per cent in seven years. Action 15 Implement a policy to reduce the percentage of commuter trips by single occupancy vehicles by ten per cent in seven years. Environmental Health Action 16 Every year, identify one product, chemical, or compound that is used within the city that represents the greatest risk to human health and adopt a law and provide incentives to reduce or eliminate its use by the municipal government. Action 17 Promote the public health and environmental benefits of supporting locally grown organic foods. Ensure that twenty per cent of all city facilities (including schools) serve locally grown and organic food within seven years. Action 18 Establish an Air Quality Index (AQI) to measure the level of air pollution and set the goal of reducing by 10 per cent in seven years the number of days categorized in the AQI range as "unhealthy" or "hazardous." Water Action 19 Develop policies to increase adequate access to safe drinking water, aiming at access for all by 2015. For cities with potable water consumption greater than 100 liters per capita per day, adopt and implement policies to reduce consumption by 10 per cent by 2015. Action 20 Protect the ecological integrity of the city's primary drinking water sources (i.e., aquifers, rivers, lakes, wetlands and associated ecosystems). Action 2'/ Adopt municipal wastewater management guidelines and reduce the volume of untreated wastewater discharges by ten per cent in seven years through the expanded use of recycled water and the implementation of a sustainable urban watershed planning process that includes participants of all affected communities and is based on sound economic, social, and environmental principles. Note: A copy of the original document is available online at: http:/Avww.wed2005.or,q/3.1.php BACKGROUND INFORMATION ON RESOLUTION NO. 5 Not Provided by Sponsor IIIIIIII RESOLUTIONS REFERRED TO HOUSING~ COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE '3. RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Source: Jake Mackenzie, Mayor, Rohnert Park Referred to: Environmental Quality and Housing, Community & Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community & Economic Development Policy Committee: NOTE: To see the resolution text and background, please refer to the Environmental Quality section. · 4. RESOLUTION RELATING TO VOLUNTARY STATEWlDE RESIDENTIAL GREEN BUILDING GUIDELINES Source: Easy Bay Division Referred to: Environmental Quality Policy Committee and Housing, Community and Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: NOTE: To see the resolution text and background, please refer to the Environmental Quality section. e5. RESOLUTION RELATING TO THE URBAN ENVIRONMENTAL ACCORDS ADOPTED AT UNITED NATIONS WORLD ENVIRONMENT DAY Source: Gavin Newsom, Mayor, San Francisco Referred to: Environmental Quality; Housing, Community and Economic Development; and Transportation, Communication and Public Works Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: - Transportation, Communication and Public Works Policy Committee: NOTE: To see the resolution text, please refer to the Environmental C~ualit¥ section. RESOLUTIONS REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 6. RESOLUTION RELATING TO SEXUAL PREDATORS Source: City of La Mesa Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, existing law provides that: (1) minors adjudged wards of the juvenile court may be placed in community care facilities; and (2) an inmate released on parole for commission of lewd or lascivious acts or continuous sexual abuse of a child shall not be placed or reside (for the duration of the period of parole) within 1/4 mile of a school; and WHEREAS, Senator Hollingsworth introduced SB 1051 with the support of Assemblyman Jay La Suer which would: (1) prohibit a licensed community care facility receiving state funds and located within one mile of any school from accepting juveniles undergoing treatment, therapy, or counseling for sexual disorders, deviancy, or sexual misbehavior of any kind; and (2) expand the 1/4 mile distance restriction to one mile; and WHEREAS, the said exclusion of juveniles from specified licensed community care facilities and the expansion of the distance requirement to one mile is necessary and appropriate to maximize the protection of our communities' youth against potential attacks by sexual predators; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League support SB 1051 for purposes of maximizing the protection of our communities' youth against potential attacks by sexual predators. BACKGROUND INFORMATION ON RESOLUTION NO. 6 Not Provided by Sponsor ///11//I e7. RESOLUTION RELATING TO PROPOSITION 172 Source: San Diego County Division Referred to: Public Safety and Revenue and Taxation Policy Committees Recommendation to General Resolutions Committee: - Public Safety Policy Committee: - Revenue and Taxation Policy Committee: WHEREAS, on November 2, 1993, California voters approved Proposition 172, the Local Public Safety Protection and Improvement Act of 1993 which established a permanent statewide half-cent sales tax for the support of local public safety activities in cities and counties; and WHEREAS, Proposition 172 was placed on the ballot by the Legislature and the Governor to partially replace the $2.6 billion in property taxes shifted from local agencies to local school district's "educational revenue augmentation funds" (ERAF); and WHEREAS, the proceeds of the funds, pursuant to Proposition 172, were to be used by cities and counties to provide necessary funds to "public safety services" including but not limited to sheriffs, police, fire protection, county district attorneys and county corrections; and WHEREAS, cities in San Diego County contribute a disproportionate share of ERAF, and in 1996 Senator Steve Peace introduced SB 8 which caps receipts of Proposition 172 revenues to cities at 5.56%, while the County of San Diego continues to draw 94.35% of these funds even though they do not have a fire agency nor significantly assist other local fire agencies in the unincorporated portions of the county with financial assistance; and WHEREAS, the San Diego County Division of the League of California Cities unanimously endorses an appropriate modification of the distributions of Proposition 172 revenues; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League endorse and support the San Diego County Division's efforts to amend the distribution formula to reflect an equitable distribution of Proposition 172 public safety revenues. BACKGROUND INFORMATION ON RESOLUTION NO. 7 SOURCE: SAN DIEGO COUNTY DIVISION TITLE: RESOLUTION RELATING TO PROPOSITION 172 Background: On November 2, 1993, California voters approved Proposition 172, the Local Public Safety Protection and Improvement Act of 1993, which established a permanent statewide half- cent sale tax for support of local public safety activities in cities and counties. Proposition 172 was placed on the ballot by the Legislature and the governor to partially replace the $2.6 billion IV. Updated 9/12/05 League of California Cities 2005 GENERAL RESOLUTIONS COMMITTEE Annual Conference - Moscone Convention Center West, San Francisco - October 5 - 8, 2005 (Committee Meeting: October 7, 2005, 1:30 p.m.) Chair: Maria Alegria, Council Member, Pinole Vice Chair: Larry Clark, Mayor, Rancho Palos Verdes Parliamentarian: Arlen Gregorio, Mediator, San Francisco Cynthia Adams, Council Member, Aliso Viejo Robert Locke, Finance & Admin. Svcs. Dir., Mt. View Harry Armstrong, Council Member, Clovis Robin Lowe, Vice Mayor, Hemet Lou Bone, Mayor, Tustin Paul Luellig, Mayor Pro Tern, Barstow Bill Brown, Chief of Police, Lompoc Marsha McLean, Council Member, Santa Clarita Jim Bruno, Council Member, Westlake Village Anu Natarajan, Council Member, Fremont John Chlebnik, Council Member, Calimesa John Noguez, Mayor, Huntington Park Jeff Clet, Fire Chief, San Jose E. Timothy Parker, Mayor Pro Tern, Newman JoAnne Cousino, City Clerk, Barstow Lisa Rapp, Public Works Director, Lakewood Trevor Evans-Young, Council Member, Hercules Michael Roush, City Attorney, Pleasanton lya Falcone, Council Member, Santa Barbara Robert Rumfelt, Mayor, Lakeport Joe Fernekes, Mayor Pro Tern, So. San Francisco Sedalia Sanders, Council Member, El Centro Tony Ferrara, Mayor, Arroyo Grande Arne Simonsen, Council Member, Antioch Sharon Fierro, Community Dev. Dir., Campbell Bill Spriggs, Council Member, Merced Larry Forester, Council Member, Signal Hill Ron Swegles, Vice Mayor, Sunnyvale Alice Fredericks, Council Member, Tiburon Miguel Ucovich, Council Member, Loomis Lois Gaston, Council Member, Duarte Lori Van Arsdale, Council Member, Hemet Mike Gin, Mayor, Redondo Beach Ana Ventura-Phares, Mayor, Watsonville Curt Hagman, Council Member, Chino Hills A. Kay Vinson, City Clerk, Murrieta Kathy Hicks, Council Member, Walnut Creek Harold Williams, Council Member, Carson Joe Kellejian, Mayor, Solano Beach H. Abram Wilson, Mayor, San Ramon Jeff Kolin, City Manager, Santa Rosa Benjamin Wong, Mayor Pro Tern, West Covina Linn Livingston, HR Director, San Bernardino Laura Wright, Sr. Administrative Analyst, Pittsburg TH E C ITY OF I I I~AN C H 0 C IICAbl 0 N GA Memorandum TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Mayor Pro Tern Diane Williams, League of California Cities Board Member and League Annual Conference Voting Delegate BY: Pamela S. Easter, Deputy ~,~y..~anager, and League Revenue & Taxation Policy Committee Member ~e~.) Kimberly S. Thomas, Management Analyst III, City Manager's Office ~'c~- DALE: October 5, 2005 SUBJECT: DISCUSSION ON THE CITY'S RECOMMENDATION TO VOTING DELEGATE POSITION FOR THE PROSPECTIVE ACTION BY THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY DISCUSSION AT ITS ANNUAL CONFERENCE, CONCERNING THE LEAGUE'S POSITION ON PROPOSITION 76 BACKGROUND I ANALYSIS As you know, the League of California Cities' 107th Annual Conference opens on Thursday, October 6, 2005, in San Francisco to discuss key policy issues that are important to cities. This year, there are a total of eiqht (8) Resolutions that have been introduced for consideration at the Annual Conference. In addition to those Resolutions, I wanted to raise an item for discussion tonight under Council Business, as a discussion may occur as part of a "Resolution Initiative" relating to Proposition 76 -- entitled: "State Spending and School Funding Limits-Initiative Constitutional Amendment." The League's Initiative Resolution process provides for consideration of Resolutions that develop after the normal 60-day League deadline, whereby a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annuat Business Session of the General Assembly. This year, the deadline is 10:30 a.m., Friday, October 7, 2005. It is undetermined at this time as to whether the Initiative Process will be utilized for the consideration of Proposition 76 or other issues. However, should a discussion occur on Proposition 76, I wanted to make sure that as the City's League Voting Delegate, I have the opportunity to discuss this issue with the full Council. Summary of Proposition 76 - is the Initiative known as the "Live Within Our Means" measure. It is sponsored by Gov. Arnold Schwarzenegger. The League has summarized the Measure as follows: · Authorizes the Governor to declare an emergency (natural disaster), which allows the expenditure limit to be exceeded. · Authorizes the Governor to reduce or eliminate excess General Fund expenditures. · Authorizes the Governor to declare a fiscal emergency and reduce General Fund and special fund appropriations if the Legislature fails to act. · If budget is not adopted by July 1, previous fiscal year's State budget is re-appropriated until budget is adopted. · Except for short-term loans that are repaid within the fiscal year in which the loan was made, prohibits transfer of funds from a special fund to the State General Fund as a loan. Funds transferred prior to July 1, 2006 must be repaid by July 1, 2021. · Suspends a mandate if the Governor reduces payment for the mandate pursuant to his "fiscal emergency" powers. Does not suspend a mandate if the Governor reduces payment for the mandate pursuant to his "excess expenditure" powers. Does not suspend a mandate if the Legislature reduces payment for the mandate in response to a "fiscal emergency." · Reduces and eliminates Proposition 98 maintenance factor related to school funding requirements. · Eliminates the authority to suspend the transfer of Proposition 42 monies after 2006-07 Fiscal Year. Summary of Positions on Proposition 76 -- (those available as of September 28, 2005): · League of California Cities Position -- After much debate and consideration the League Board of Directors voted on September 12th to take a "neutral" position. · League Policy Committee -- The Revenue and Taxation Policy Committee voted on August 17th to take a "support" posit[on. · California State Association of Counties (CSAC): The Board of Directors voted on September 8th to take a "support" position. · According to the Secretary of State's Official Voter Information Guide (partial list) the following representatives from and/or organizations are noted in opposition: · California Teachers Association · California Nurses Association · California Professional Firefighters Association · According to the Secretary of State's Official Voter Information Guide (partial list) the following representatives from and/or organizations are ~oted in support: · Gov. Arnold Schwarzenegger · California Department of Finance · Howard Jarvis Taxpayers Association Summary of the League Voting Delegate Options: · The core options are: to Approve; Disapprove; or Abstain in response to a "motion" that has been made. These options are in response to the full list of League actions (noted below), which must be "moved" and "seconded" before the Voting Delegate casts a vote. · Approve · Disapprove · No Action · Refer to appropriate Policy Committee for study · Amend · Approve as amended · Approve with additional amendment(s) · Amend and refer as amended to appropriate Policy Committee for study · Additional amendments and refer · Amend (for clarity or brevity) and Disapprove · Amend (for clarity or brevity) and take No Action · Withdrawn by Sponsor RECOMMENDATION The City Council provide direction to the City's Voting Delegate, Mayor Pro Tern Diane Williams and Voting th Alternate, Council Member Dennis Michael for League of California Cities 107 Annual Conference, T H E C ] T Y 0 F Staff Report DALE: October 5, 2006 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Deborah Kaye Clark, Library Director SUBJECT: CONSIDERATION OF LIBRARY SUB-COMMITTEE'S RECOMMENDATIONS FOR APPOINTEES TO THE LIBRARY FOUNDATION BOARD RECOMMENDATION It is recommended that the City Council approve the City Council Library Sub- Committee's recommendation to appoint Paul Williams, Stefani Carrasco and Gilda Silver to the Library Foundation Board. BACKGROUND The Rancho Cucamonga Public Library Foundation recently ran a recruitment to increase the number of Directors available to work on the PAL Campaign (Promoting Arts and Literacy) and to support general library fundraising. The Library Sub-Committee, at their meeting of September 21,2005, considered the Library Staff's recommendation to reappoint Library Foundation Member Paul Williams and to reinstate former Library Foundation Director Stefani Carrasco. In addition, they interviewed new applicant Gilda Silver. After discussion, the Library Sub-committee is recommending reappointment of Paul Williams; reinstatement of Stefani Carrasco and a new appointment for Gilda Silver. Respectfully submitted, Deborah Kaye Clark Library Director