Loading...
HomeMy WebLinkAbout2005/11/16 - Agenda Packet 5:30 p.m. 7:00 p.m. TH E ClI1fY ((J)JF LNCHO CUCAM((J)NGA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 AGlENDAS . ~iPJ~iPJViPJ~(Q)PJmiPJll1l~ AgjiPJll1lcy . fnli"iPJ ~m~iPJC~n(Q)1l1l IOln~~li"nc~ . <<;U~y <<;(Q)u.nm:n~ ~GUJLAlR MlElETiNGS 1st and 3'd Wednesdays ~ 7:00 p.m. NOVEMBER 1l(fii9 2([J)([J)5 AGENCY. JROARJ[) &. CITY COUNCIL MEMBERS William J. Alexander.................... Mayor Diane Williams............... Mayor Pro Tem Rex Gutierre&:........................... .Member L. Dennis Michael .....................Member Sam Spagnolo.......................... Member Jack Lam......................... City Manager James L. Markman.............City Attorney Debra J. Adams..................... City Clerk OlRJl}lER OF BUSINESS Closed Session. . . . . . . . . . . . . . . . . .. Tapia Conference Room Regular Redevelopment Agency Meeting. .. Council Chambers Regular Fire Protection District Meeting ... Council Chambers Regular City Council Meeting. . . . . . . . . . . .. Council Chambers ~ INFORMATION FOR THE PUBLIC G RANcHO CUCAMONGA TO ADDRESS THE CITY COUNCIL The City Council encourages free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Communications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's office receives all such items. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table during the Council meeting. LIVE BROADCAST Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11 :00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.uslwhatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of City Council agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us . If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. - R,.\NCHO CUCAMONGA REDEVELOPMENT AGENCY AGENDA NOVEMBER 16,2005 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CllY HALL, 10500 CIVIC CENTER DRIVE A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Cali: Alexander_, Gutierrez_, Michael _, Spagnolo _' and Wiliiams B. ANNOUNCEMENTS/PRESENTATIONS C. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Redevelopment Agency. State law prohibits the Agency from addressing any issue not previously included on the Agenda. The Agency may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. II D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember or member of the audience for discussion. 1. Approval of Warrants, Register Nos. 10/26/05 through 11/8/05 for the total amount of $334,807.37. 2. Approval to receive and fiie current Investment Schedule as of October 31 , 2005. 3. Approval of a single source purchase for one (1) Lifepak 12 Defibrillator and related accessories, with service agreement, from Medtronic Emergency Response Systems in the amount of $22,677.07 from Account No. 2505801-5603 (Fire Protection - RDA Fund) and $925.00 from Account No. 2505801-5300 (fire Protection - RDA Fund) for a total purchase amount of $23,602.07. 4. Approvai of Emergency Housing Assistance Program Guidelines to assist evacuees of recent hurricane disasters. 1 II 1 2 14 16 - }V.NCHO CUCAMONGA REDEVELOPMENT AGENCY AGENDA NOVEMBER 16,2005 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 2 5. Approval of an appropriation of $1,909,000.00 from 2004 Tax 20 Allocation Bond proceeds to Acct. No. 2660801-5650/1355660-6312 to be used for right-of-way acquisition for the Haven Avenue Underpass Capital Project. I[ E. ADJOURNMENT I 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 November 9, 2005, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Check No. AP - 00229268 AP - 00229280 AP - 00229287 AP - 00229287 AP - 0022930 I AP - 00229301 AP - 00229308 AP - 00229309 AP - 00229324 AP - 00229348 AP - 00229348 AP - 00229353 AP - 00229353 AP - 00229381 AP - 00229381 AP - 00229398 AP - 00229398 AP - 00229419 AP - 00229419 AP - 00229422 AP - 00229433 AP - 00229434 AP - 00229434 AP - 00229454 AP - 00229492 AP - 00229571 AP - 00229571 AP - 00229628 AP - 00229640 AP - 00229643 AP - 00229643 AP - 00229655 AP - 00229675 AP - 00229675 AP - 00229716 AP - 00229716 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 2,092.51 12.18 207,932.91 -20,793.29 840.00 420.00 790.00 1,469.50 25.76 3,750.00 2,500.00 50.00 100.00 1,571.80 -157.18 170.56 267.63 54,970.72 -5,497.07 2,984.00 506.51 69.24 50.65 1,500.00 2,500.95 33.81 31.13 3,600.00 60,745.00 53.68 8.39 8,815.60 55.50 2,577.50 84.97 674.41 334,807.37 334,807.37 10/26/2005 ALLST AR FIRE EQUIPMENT INC 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 CHICAGO TITLE INSURANCE COMPANY 10/26/2005 CHICAGO TITLE INSURANCE COMPANY 10/26/2005 CORENET GLOBAL 10/26/2005 COSTAR REALTY INFORMATION INC 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 INLAND EMPIRE SMALL BUSINESS DEVELOPM 10/26/2005 INLAND EMPIRE SMALL BUSINESS DEVELOPM 10/26/2005 INTERNATIONAL COUNCIL OF SHOPPING CEW 10/26/2005 INTERNATIONAL COUNCIL OF SHOPPING CEN~ 10/26/2005 MCGALLIARD & SONS INC, J B 10/26/2005 MCGALLIARD & SONS INC, J B 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 R C BASEBALL 10/26/2005 RICHARDS WATSON AND GERSHON 10/26/2005 RIVERSIDE BLUEPRINT 10/26/2005 RIVERSIDE BLUEPRINT 10/26/2005 SONSATIONAL ACTIVITIES 10/26/2005 WESTERN REAL ESTATE BUSINESS 11/2/2005 FEDERAL EXPRESS CORP 1112/2005 FEDERAL EXPRESS CORP 1112/2005 MIJAC ALARM COMPANY 1112/2005 NORTHTOWN HOUSING DEV CORP. 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 PIT ASSI ARCHITECTS INC 11/2/2005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 11/2/2005 VERIZON 1112/2005 VERIZON Total for Check ID AP: Total for Entity: User: KFINCHER - Karen Fincher Page: I Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Port,ait Layout II/08/20C 16:20:5 Current Date: .1. Time: <II C> c: o E 13 " () o '" " c: <II 0:: '5 '" i:3 - c: al E c. .2_ al c: ,.. > al 1:.- alECllItl "1JalE8 &! ~EN Cll c: ::l.... ClCll(l)M C == 0 ... ~.2 '0 ~ CllOt:ti gt:OO OOD. OD. .s= t) c Cll 0::: " " n- Ul '" lil ~ ~ ~ C"i M M " " ~i- Ul o ~ .. :; ~ ~ M M M o~ i'~ .~ c:l E ~ I- '6.2 "'~ o "- ~ ~ ~ 0: r--: N '" "'. 00 .E~ i2 8 ~ r--: It'i c:ri 0... N <0 Ol M. ~ ~ Iii <<iN o ~~ -. :I> i2 ;1; 8 :; ;i Iii ~ fD ..... .- 8 ~ ~ 0 0) cDN o - . .0 "-- ~ .. 0 0 "'00 ,...: ci ci 000 ~oo ~g8 . 00 oi~ ~ .. c: . E 'Iii ~ .5 '0 8- c 0 c ~ 8 8. ~ VI 8 E . tii ~ III ~ !ll Q) E Ci' ~ il' 5; ~ ~ 9 en ~ - '" :l ~ ~ --'~ Q) ~ is ~ e? "- I- ~ ~ u; ~ '<to O. ;! ~ ,.; '" .., ~ ,.; '" .., .. '" .., ". ~ . '" '" ci '" ~ '" '" ci ~ ~ g; '" ~ N ~ ~ .. ~ N ~ '" g; .., ~ g; '" ~ .., on ,..: '" "'. ;;; ~ N ~ ~ J!l c: . E 'Iii . > .5 "''' c ~ .- .~ l5 u'O :;,~ ~~ '5i 1Il'- 1i C'll ~ ~ '5 (JQ.~1- o o "' o .. '" .. o "' o '" <; .0 ill "' o '" <; .0 ill "' o '" <; .0 ill lii' J!! c c: o . ~ E a 'ii 1j > .5 " c: <II '" .. <II () " .. ~ ,.; '" .., ~ ,.; '" .., .. '" .., "t ;:: ,.; '" ~ .. ~ .. N ~ ~ '" '" .,; '" '" Ii .. g; '" ~ 'if!. Ql C\I ,... M 1; LO .... ..... Q [(i ~ M ~ ~. ~ - OJ '" co M. ct ~ 13 .. u: ;;; ~ '" on ci '" '" .; .. .. N ~ ~ C) '#- c:: ~ co ~ ;;; 0 M co; c: '" .. w .. '" .&:: g ~ c ('I') ..... o .. " ;: ~ .., l- . ~ o U o B ~ c: ';) <II 0:: .. III '5 .. g' b ~ '[: ~ ~ a: ~ ~ &.~ ..~Eu ~~~:! ,...0ctw .. . " " so; .5 > mj :c~ ~ ~ .~ "0 <II c: .. 'l' .- S r;-c: = 0 g,E - " c:'" .... .5 vi .. " !!i - c:2 'w u s Iii o~ ,.," 0.'" 8* '" E ~ ... C!; . '" .. "'s cDS 2 ; ~ '00 0'5 ." c: $ " g.s -g'ii ,.," " E ~.9 ~'" ~~ H- "'- ~ ~ .5 q::: "'" S .. s 13 .~ ~ "'." .~ ~ .E .. c: .. 8-1l .S '5 .!!> ~ ~ ~ 2)'" 55 ~ ~ E .~ '2 t) Q) III "", '" ~ E 0) ~ ~ "5 CD 8"C "6.... c- o a. c 0._ 0 ~ai~ c: E 0 ,,- E!- Cllfio ;;~c,) <II - J!I tl " <II Q.l~o 0;: . ~ (1) c'- ;;"Q.lO :sH r!! flI "E iJ iil'-; "0- <II .. () aP3g 0. .~ a? a.J g u:dlJ J:: :EQ)-O :::l;~ 5g19 ~.!!2 .g :e .5 " E ~ "." " -"'~ <1> S I;; ." c: " ." " " .;; e 0. .!!> ." c: <1> '" :s c: o E " 'C: 0. <1> S '5 '" <II 2) c: <1> ~ 13 .. u: s .;; 2) c: <1> E ;; !!i E en ."." Iii c: ",2 '" <1> <II .. 2~ 0_ 1:'2 <II c: E " E E " <1> U')fij' ." c: c: <II <II E ." <1> C:'" <1>_ S E C !!i o 0 E c> 1;2) ~ ai iJ E '5 g "'." <II." .. C ." 0 C,C ~ro C:-5 o ';:; ~'O o .5 ~~ x ~o '" C!; a O'iij C\l'S: "" e ;; 0. ~~ ",'" ~ .~ '00 1:'~ <II c: E <1> ES " .. (/) ~ ." c: <1>- '5 .!!l ~,jo! <II 0 ~~ ...() <C a.. ~ 8 o () ~.,; c::: .......: .2 ;; ~ ~ lfa &. t& '" " ~' !!, ~ ~ \01) Q , I- ~ " .. <II ~ '" c '" I::! ~ !:! c ";" on '" c I::! ~ '" 2; ~ " o "i: 8. '" c: 'f o 0. ~ i.z " ~ oj Ci E !!' ~ o o " ~ ~ --' 1J c: ~ ~ ."l ... .. '" .. Q. ... c: CI) E III C. ... ..2...; ~ ; E (1)E1ii1t) 'CCI)~8 ~llC:N CUC1T'"" ClCll~M c: == ClI Cii 00....c E .- Cell .s ClIO '" gt:~O (,)o.g 011.1: J:: 0 CJ ll.. c: ;. ~s ". ac . ,. S~ 1:." .~ c,. ~~ ~~ ~ u . c -", h { ~ ,. -,- -I- . . M M I :8 .. '" . , ;; > '" g "' ill ill ...: ..,; ~ ~ ~ ~ . , !i ~ . ,. ill I<l ~ " '" '" ~ :-- ~ ~ . , .. > ~ '" '" '" .. ,..: ,..: '" '" ~ , ~ ~ =! 2c ~ , .. - . , . .!!! .. .. " ., ~ ;g- o ~ z ::> "- t- ~ ;;; >- u . z '" w ~ ~ ~ ~ ~ ~ jj ~ , <J) .. e -g . , E u. } ~ ~ 10 .. >- .E ~ c .. Sf .. ~ 1j ~ ::> 0 >- " ..J <J) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~-~~~~~O~-~~-~~~~~~~-~~~~~~~~~~ _ '" [1l ~ ~ _ _N_ ~~_ _ ~ N ~N _'" - -" -'" '" '" '" "'''' - -- ",-;oj;' - ~~O~~- -" ~ ~-~~~;,- goo~'" '" '" "'~~~ 0800 S 0.-....... (58(!; 0 0 ...800'" cs8 0............ 0 0 0 0 0....0 ~~~~m~g~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~;8~~~~~~~~~~~~~g~~;~~8~~~~~~ MMNM M M ('fj..,rMNNN N MM ..jMMNNNM N M coioriNNN N MM ~~;~~~~~8~~~~8~~8~~8~~~re~8~~~~~~ MMNMMMMM-<iNNNN-<iM..MNMNMNMMVNNNNMV 888 iil88888 88 8 8888888888 8 8 iil8 8 8 8888 ~~~~8 8~~88888 ~~~~~~~~~ ~ 8~ ~~88 ~~8 ggg~~~~~gg~~~~~g~~~~ggg~~g~~ggg~ ~M~N.NNNN~~NNNN~M..NNN~NNN..~NNM 88S8:5:5 Sg8SS8 8 8 g 88~Nga g ~ ~~li~t(l8 88S ~~N~~~"':~~NNci~~~g~~~N~~~~sci~g~~~N ~~~Mo~~~~~SS~o~~~~~~~~~~~~..-M~~~ ~M"':cig~Ng~~~N~gg~"':ciMci~~~ci~ci~~cigg~ ~ ~ ~ o;QSo;~G1Si~~~3;G1Ol~ ~ ~ 0; lO Oli'$OlGt 3; 3; ~ ~~Ol i'$ ~ ~N~N~~NN~~~~~~~MM~MN~~~~NN~~~~~N 88888888888888888888888888888888 88~g~~~88~~~~~~8888~~~~8~~~8~~~~ ~~~~~ggg~~~~gggg@~~~~ggg~~~~g~~g ~~~~~NMM~~~NNN~~~~~M~NN~MM~~~NNM ~uuuu Q) ~ ~ P5 r:::,... r::: ~ 2; UU~iiiiii~~ '" '" i'l "';! <!: "'.. '" '" '" "';! <!:;!;!;! '" '" '" i'l '" <!: ~ ~ ~ ~ ~ 1'; ~ ~ ~ ~ ~ 8 1'; 1'; 1'; 1'; ~ ~ ~ h ~ 1'; ~iij~ ~iij~~1:i~re~~" ~ ~~iij;;"" i::; ~~~ -- ~ ~ ~ ~~~"''''-- S - - "'''''''~ili~~~ ~~oo 0 ooooo~ ~ oC!C!oooooo...o 0.. a.. 0- 0- 0.. 0.. 0.. a.. 0- a: a::: a: a::: a::: a::: a::: a: a::: 888888888 ~~~~~~~~~ ~~~~~~~~~ zz z z z~~~~ ~~ ~ ~ ~~~~~~~~~~~ ~ ~ ~~~~~~~~~~~!~~~~~~~~~~~~~~~~~~~~ cccccoccczzzzzzzzzzzzzzzzz~~~~~~ wwwwwwwww<o<o<o<oo<o<o<o<o<o<o<o<o<<oo<o<o<~~~~~~ 555555555~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~<<~~~~~ooooooooooooooooo~~~~~~ LL LL LL LLU.U.U.LL LL:I:J: J: J:J::I::I::I::I::I:J:J::I:J::I::I::I: Z Z zzzz ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww 00000000000000000000000000000000 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww LLLLLLLLLLU.U.U.U.LLLLLLLLLLU.U.U.U.U.U.u.u.u.u.u.u.U.U.U.U.LLU. c &. , o u m ~o;~~~~~~~;~~~~~~~~;~;~*i~~~~~~~~ , " .!!l ~ c " ig~g~~~~~~~~~*8~~~;~9~ ~ ~~~~~~~~~~~~~~~~~~~~~ ~ ~~M~~MMMMMMMMMMMMMMMM C>>""~ONN>8N~~ ~~CDu.u.~a:>~m~ ~~l'i~HitZ~tZ~~"- ~~~~\H~~tH~ (") (") C") C") (") (") C") C") C") C") (") <a.Q ii1u~ :; ~ I ~ il: e,. 2 .. 8 .,; ~ } ~ ~ ~ .... :: 13 .., .. <> ~ .... C Gl 5. J!l 0.... c ~ ; ~ GlE1ii1l) 'OGlCllO GlC)>CO a::: III N ml:IOC- C) III .~ M c::E:lIl~ 00.....c E.- CIl 0 1Il0C.... g~~8 u o.g 00..1: .l: 0 lJ Q. C ~ l>$ ". '0 II ::; Sl> !e," .f! 0::; ~~ u '" =! .0 ~ , 0. u . c - . .- .HI ~ ~ ~~ ON _ 0 i ::; nl~ ~ ~I ~ I ~~ ,.; .. .. , ;; > '" 8 CD 8 8 8 U~ g ~ ~ N ("') cO ~ .. , ;; > .. i! . ::; 88 :! ~ ~ ~. ~ ~ a '" '" 0 ~ Pi G ~ ! ;; > ~ 88 8 ~ ~ ~~ g g 8. N"; 01 ~ u ~~ ~i!l . , 11 o o ,.; ~ "'. ~. .. ~ t5 ~ ~~ "'''' n -'-' ~ ~ & z z e ~ ~ ~ w w ... 00 c w w . u.u. I , '" .. " ~ 0 c C. . " E 0 ! ~ " .. !!! .. u " .. :t 0. i! iii .. => !l u u. ill :g '" '" iD8 0. >- "'.. u.u. ~~ ...... ~ ~ iii o ~I~ ;ll~ ... ... I '" ~ ,.; ~ ~ ~ ~ Iii g: N N 8 8 ~ :;j ~ i N N 8 8 ci 0 8 8. g 8. ,.; ... I w 5 z 1:. ~ e ::J ~ ~ ~ a: . ~ I , '" " o c. " <3 u; '" .. :! 'C " ~ III ~ 8 = ~N ....I!! 0; III ~ <(0.11 ~()~ o ~ := \D ~ J ~, a: eo ~ o :! ,.; :Ii ~ .; ~ t! - t: N ~ .. :! .; ~ ::l " o ... ~ t! - :! .. N .... 8l. N ~ .. ,.; ~ "I = - '! - . 0> e ~ ... c . ~ 1; ~ i Lf! " <(o..~ .. CU~ '" :. Cl: ~ .2 v .. ll~ ill ~ 1i ~'" ~ l .~ ... 0", ~ ~~ '" ~ !l! ~, 0; ..; '" !!,. 2 . .. ... ~ '" p ~ S&! III 0 0 '" ;: 0 0 ~ ..; ..; 0 ~ .. .,; '!. ~ 18 ... :f p . '" l'l 0 0 .... ~ ,.; .; c: 0 l'l. CIl ~ .,; .. E 18 '" . ... Q. '" ~ ..5! .... ..c ~ c: CIl l/) CIl E III It) 'tl (.) 0 CIl ~ '" 18 ~ . 0 0 ell/) N ;; ,.; lii III > 0 .. c: .- .... ~ .,; ~ III III III M 18 el::a= li '- :f c: c CIl 000 J:l p E.-.- 0 - -.... g~~o oJ!! (.)00 ~~ OD..ll.. ~ ..c 0 (,) .. c: ell 1),8 g p D::: .. ~ c .; ..; ~.!! ... ",,l! "l. ~ p '!. p 5 De 8 .. w - ~ ~ . c 0 . 0 .lJ u. ;; E 0 m J '" 0 to Z ~ '" .5 .. ~ .., c . :l .c .. .. c . 1; :I " i 0 ~ ~ ~ .. ~ .5 :I 0 .. 9- c .!!! ~ '8 ~ .. ~ ~ .. ~ '" :I .. c J5 ii; 'S; Vi :> co >- " '" '" on " ClI " 0. It) .. 0 c 0 ell C'\I E ... Q. M 0.. .. ~ ~ ~ eIlE<Il.2 -gellg;8 a:: g' I- ;.,..c ~;lD ~ c:El:'e o O'-..c E .- .:: .. -"It) g~~g (,) 0 C'\I oll.. ... .c .. u <Il C .Q CO .2 a:: 0 o goB - c "'~ c- w~ '" . . q ae e", ".0 'lli '" " o is is >i g is C!. g ~ ~. .. U .l!8. ~c! .. " o ill ~ ~ i '" t; ~ ~ c " 0- ull ~ . c e I- u '" ~ '" goB - c c ~ c- - ~ 2''" '" ill ~ ~ a ~ z :J u. I- '" ~ ~ >- " C,) E ~ 'jj E C!) .z " <( . i ~ U) c -' o ~ '" c: " u. C ~ ~ :t ~ .5 r; c: " :t ~ ~ ~ ...J '" ~ . . !!! .. - c " S ~ E .. in " C,) ::l '" co .. .,: \!! is :5 o .,; o 0 CC! ~ ~ ~ <Vi C'1~ ~ tt ~ <> ~ 1l " ii: E w ~ ~ ~ III u. _ '" 0 . ~ ~ Cf) 8 ~ ~ .. c " 8 ~ ~ ~ o " c: .!!! 1i .. i u; g' ;J ~ (i; III ~ ~ co ~ co. ~ ill .. ::! ~ ~ c: o c. " o o .. " " .. .!!l '" u c: " :t i! " '" " u. :5 on I- .. .; ;l; .,; co ~ o co on :0 .; ;l; .,; co ~ 'jj o Z . '" c: 8- " o o .. " '" 'c " ~ III i:' " .. " ~ :! ~. 8i N c( a. ~ 8 o u ~...; a: ~_ ~ ::; ~ ~ "8- 0. {&! "' ;;;- :> .. ~ ~ ;:: .; OJ ~ I- ~ ~ o co .,; co co <5 iil ... .. .. .. ill <5 .. '" .. .. ::[ 8i N II: '" .. .. ..; ill <!. ~ 'jj o Z . '" 'jj {!. ;; ~ ~ ~ 0; / i! ~~ ",,0 "" (")OlO..... ~ <0"'"" 0 o;:1;g~d'; ;0 .. "'"" '" (")<0........... "'....'" 0 ... "':0 N ....:cri....:~ .; <riarir--.: .,; cOg~R~ N ,.; "" "" .....'V'I:t- ;; <0"'''' ~ ~ .. 7O~ '" '" .... ~.... ""'<0 '" O)(OCO..,- ., as 0> .,; - '" '" 0- '" '" .... .... ... u> '" '" '" '" ... ,.: .... ri ri .,; ~ ~ .. .. .. .. .. .. .. .. .. .. .. .. ... ~I >!'>!' >!,>!,>!,;ii '$.;ii>!, '$.'$.;ii'$.>!, ~8 5l~llIg 8"'0> ~~~:n 0'" <<"i...: NNNN t'iriN NLONNN ~ . . 'C ~ .. .. .. .. ~~~ .. .. . .. .. ::l- ~~ ~~s;~ ~~~~~ 1;;0 zz zzzz zz zzzz :E .. "'''' .....t.t)Il)ll) ~~~ ~g8~~ OJ 88 8ggg ul 000 oo~oo ,c - I:!!:! NNNN ~~~ ~r::!_~t:! " .. ('3--- -g !;O 0'" ~ ~ '" "'~O ..........co....o "'~ (\1(")('1')(') "''''''' (")(")('\1(")(") ... 05<'5 05 0505 Cl N05Cl inC;;N(D(;) .. J!l ~ C '0 .. c ",01 0 "..:.. "- c-", :> ....'" '" OJ lI) CD lI) <I) '" '" .. II) en en (t) (f) ~ 01".. ..:.!! - c c c: c: c c: c c: c c c: c: c: c o 0 .2.9 ,Q.2 .2 ,Q ,9 ,9 .2 .2 .2 .2 _IL'" lili Qi1U101ii 1ii1iim tv1U1U1ii1U '0 c,c'" "5 .._~ .2J ,21 ~~~~ .2J .Ql ,2' .Ql.2>.Ql.2l.Ql E .- CD 'l! n:D .o.a.c..o :o:iSJ5 n:C::C::O:O g a.:J,Q .. 00 0000 000 00000 .. o ~ E E - ~~ ~~~~ ~~~ ~~~~~ ,Q lCDt iB '" ::l :> :::J :::J :::I :::J :> :> :> :::I :::J ::J ::J ::J .. .. E .. ~ '" '" (f.l II) (I) co l:l l:l l:l cn fd ctJ I en E '0_0) ~ ! !! ! e ! ! ! ~ e ~ '- ! a;- ....'0 a:..-! 1-1- 1-.......-1- 1-1-1- t-t-t-I-I-- .. ~ ~~ ialllll ~~~ ialallli ,5 01- C .. c'Ow 1V1iili1U m m !]!!!! .. oc,c ~~ ......... '- GJC5j .. CD CD CD CD CD CD CD CD CD E'"'l! llilli llll illiill 1;j .. ,c 0 '0 g::a ILIL I.1.LLu..U. ILILIL LLLLu..u..U. ~ UUi! ." :> ,80- 1;j ~ to ~ .. E mmlL E ~ a: E m Z E 'l! '0'0 -g-g'O-o '0 '0'0 '0 u; :> -g5"2 5C-gS"'2 0 0) :> c c: ::J ::J C c:: 0 :> :> u..I.L::J::;s ::l IL :> LL~::Ju.::J c: " ILIL Q)m'=~ IL_IL ~CD~m~ !I " _0> -..- ..: H ~ ,9- m.!!! III .9-.m c: 2: m .g._~ m .c o~8. ~ 0 1Il ~ CP .... U ~ ,c .. :> lll.~ J!l .!.~ a. col.!-Ea. 0) _ 0 I- 0 .5:I: a::a....5CIJ ..Ea..cn .!! 0::.5 Q.U) Z :c '" w ;0 'I (; ~ J!! :a.. >- 0 0 0 c: ii e> e> e> ..J 5 li..: OJ m .. .. 0 IL IL IL U 0 : c z .. 'l; '" !B '" 0) ;; 70- 'ii 'ii 'ii ii: ::l '" '" :s: :s: :s: :I: ~ ~... c .. .. l- E lD ~ a;- '" .. '" I!! B '0 '0 '0 Z E c c: c: W 0 0 0 !!! lD lD lD ::;; I- .. 0> 0> 0> 0) J!! ~ c c: c J 'g '5 '5 ~ c: c: c: .. ~ iJ ~ iJ ~ .s i a: a: c ~ c 5 c: :i .5 .2 .2 1;j 1ii 1;j :I: .. '" '" 0> l! l! l! ~ .. c s= .~ 0( 0( 0( U I- ~ 1.l ~ ..J ;; 0 ;!: :I: I- (5 III ;; 8l g 0 Z l- . 1 '" " ,; :g m ., co c.. tl 8 0> n. '" il ;": U i<;.,; " .. '" 0 ,; N N E w o :; lii ~ = qj > l'l '" o it ~ ,., 1:: t ~ U i!! f1. ~ 0 -5 " on " . N ., 1: " ~~ ;;: ,., '" .. i '" '" ., :s ~ '" w ,; N N ~, '0 0 5 ~ '" '" e, ,., Ii " G E ~ .. .e~ ,.. * Q. ~ 0. !\!.~ " "n 8~ _"e: ,.,.. "E Ii" ..... <~ E "' '" "i!! ~ ~ ~ ,s.. .. =.1: .- '0 ;Oe: 8-= e:'O ..e: ~ 0 ;!. ~: 0;: 8 0 c:> ,,- '" c:> :d ..~ ~ ;: ci c:> -='5 0 ~ 0. .... 'llJ!l ~ . '" "' ~ ..e: III o , ,., ,.. ~ 8" o- N ,; .; ~E 'tl cc,\l ,.. ill o.~ c ,.. '" ,..: .; ... .g:s. 0 N m .; al - ,.. '" oE C ;i Ii '" "'-- C Q) ~ ;:( e:.l1 0 E l'll L() g:i5 .." ;:; Q) E 0 ;!. 8~ l'll CI 0 E N fJ on '" ~ =,s t.l l'll '" ., ., <- ..Q c ::l c .; ..; N ".. .... '" '" .... <( l'll II) M {!. '" "!. >-E :E .. .,; ;:; -0 .2 Q) ~ ... 8- >< .. ... to- O ~ .c -. '" ,.. ... ~ .,; ...~ l'll . , ,., ,., ,.. 0 -f- ... H I- ~ .... -,\l N oj .; ~ ,.. ::l t.l " ,.. c:> ,_C' .... ,..: '" ~ 0'- 0 0 .. i1:i 0 N ,.. ~ u:: ll.. c:> _0 0 0 ;i ." ... Ii'" N ll.. N ;:( E~ <( 0." 0" C }t: 0::: ...!!! ll~ "'.. ~81 . . '" 8 '" ;!. i5~ - , ,., ... C> '" on '" Eo 0.- N 0; N " <0 .. ., 1l:s. ,\l ,.. 0 ,.. '5 " ;i N "e: ,.. 0 to- " <15 U;o ,..: 0 '" ~ 0 ,.: w ri ,,; 00 '" '" ~ '5~ ~ Ii '" 1: ., ., ;:( ., e: .. 0 ;:( ..e: " "'i!! .... ~ =~ ... 'l5~ ~ .. <> i~ 0 '" 1) Eo- c:> 0 0;- c:> ~Ii ~ .5 E ;:; "j ;:; ,s,. ~ .;, y; c:> c c:> ~ 8- =~ ~ c , e: i!!>- ~ , 8 1l ~ e "- " ,.,' M C " ~ !g c:> 0 . on '" ~ $! E . n; ~ "... '8 .;, " , 5 _ on '" 0 . !!! .. ,,~ "C 8 > C> '" " ,,- 8- " .. .s i> J!J " ~ 'iij ~ .... ,.. 1: i> c '2 ,," ~ . " ~ C ogo C> " c :t " ~ ~ " E . E '" " l}-< 'E ~~ :t w 1: C> 'Iii e; 'Iii f! :0 ~'O 0 ~ ~ . " n; jg .. ~ ~~ C> ~ ,. ~ ~ ~ &! .5 IE .5 U W >-'0 N ~~ " " ~ ~Q.~ 8 08 ~ '0 ~N ....t)~ '" '" ~ ~ ~o .Q '< ~ Q. ,. d i'i ~ w I ~ .s~ -\- ~UI " ~ tl ~~ Iii Q. 0,. ! ~~ is m ~I~ ~ U\ .. " '" '" N N '" N N e, ~ .. .. ." I I g ,. i$ ~ U 0 li~ :i\ ., '" N N '" - ill ill 0 "' 8 "' , 0 " " p ~ N ~ g ..; ~ ..; .; " .. .. '" " o ill "' '" ,..: " g1i~ ,,; ,,; 8 ~ ~ .. lll. m "'.. ... ci ~ r-:<<iai t ;! rn "tl rn c: ... o c: ........Q) ... ~ E 5e-;)1l'l ..Q)~g g~-7: = COrn'" <(~'ij~ ><o....c co ._ Q) 0 1--0... o 0 u c;t:::O o o.g NQ.l: <( 0 o l1. 0:: - , ~ ; i! ~ ,. - , ;; > . . .. -$ .. . .:go ~ , .. !loB ~ :; U ill ill N N ... ... ... .... ~ ~ ~ <! :l! ill N N f:: f:: r-: ,...~ ~ ~ ~ ~ ~ , .. .!! '" ... o ,,; z ~ ~ g !z ~ w p ,. f- ., W > ;;:; t; _ z .. w ~ ~ ~ ;;/ 'C (J 0 o . -' I , II) .. '" c c - ~ s ... .. c j ~ 0 1ii ~ .5 ~ c " ~ Q. - c; (;) ~ en ::> 0 >- (J ..J ., 8 ~ g {;; ~ :: ~ ~ ....,.... lIS CO) !Ii g N co) lZi,... ~ ~ ,..: <<i r-: c( '" ... .; ~ p '" '" ;t 888 :;: ~U ~. U@ g ,..: oi cO ~ ill N f::. ... N .. ;t U~ ~Hl :: l:i :g ~ on ... ..; Q, ill ~ 8 S ~ ~ ~ N ~z~ ~~C!I -' -'!:E w w-' ~ ~ ~ & J: J: Z f! ~ ...J...J QJ ~ ~ ~ ~ www.tJ c cae w w W III u.u.u. i " c ~ o ., a. ~ o u on ~ ! :i '" ;t - .. ~ ~ 'C o . jj ~ In ~:!: ~ " ~ .. .!!l ... u c " ~ ~ i If M a !!! ~ Sl 19 8~ - ., xu. re ill Me;; C") <Do. Ill> " ol:U ~'r! '" .... ~ ~ .. .2 a. ~ ~g, 0 (c! a. '" '" " g>3 ll: .. p ~I l- i [ - e N ..; ..... " e- r:: ill w" .. III ,.: oS oS ~ " N I- ". ~ .; ;\ N It) o o VI N "0 .... C M 0.. ... lQ c CIl CIl .J:J 5ECIl's ;Q)Q,U CIlC)>-O l.lCllI-..c OC>-C) =CIllJ:lj <(:!:~e >< 0 .- ..c CIl._.2: ... ~-"It) T"~~g g 0 N Nil. .... <( C 0:: ... CIl .J:J o tl o . . ~; at! e... .s 'll- ",;: 5 !i! g o .; . J!l :- 28- ~.! .. - o ill ill ~ ~ 0; m~ '" '" .2! llC = e ~ u I/) ill ., ..; g>3 - e e .. e- go&! III Ii c :8 ~ '" LL I:i I- o. ~ ~ " l- I/) W > ;;:: ~ > .. u E iD ~ ~ ~ .g ~ <i. I/) :c ~ c - o !. ." C ::I U. C " " E ! Eo ,., u c " :f -g " en > ...J I/) - . , . ... .. 1; . ~ ~ .5 .. iij ::I U c o Q. ::I o U '" .. ::I '" ill ~ c " :f e " ." .t o o .; i!: ..; 8. " '" .. I- ..; " .. oS " I- ~ ~ ~ ~ .. ;( ~ "' , I/) ~ 8 $! ~ ~ . lOr '" '" . :8 :g " ;z ... 0.. 1:8 OJ ~! ;: '" u c .. '" ~ ~~ " <'i <'i oj N ~~ E w '" .Q 13 '" ~~ '" ~ => {&! u .. 0 " :s 0.. '5 '" '" . '" '" ;Ii C :; c ~! ;; ~ .. i2 '" '" ~ ~' w <'i <'i oj N '0 :il n; "" C !;. '" ~ G .. E .!/ S~ .. .. - ... "' "' ;n ... ~" => . ~: ..$ ..e -~~ e.. ..... ~" E 11l 11l ;;I; ,,~ SOl . '" '" '" -S.Ei l- .- " ;oe ".a u" ee ~ .:!.. -0 '" i<j . ~~ N '" 0= "' '" ,,~ <0 :8 '" 0 n .. '" .e'li 0 - 0. .... ill! "'. ;;; 8 " - g" Ul ~.a " '" "1J !: ~ ~ ~ ~ ai ~ c " ,,0 M g <5 '" -ga 0 '" " '" al .. .. ~ '" .llE c .,; ;i '" ~ .. 0 c~ C CIl E co 0.0 0 C\l It) ",,, ..... .. CIl E 0 ~ ~" C\l Cl 0 . E N ,Sl ... - '" -S l.l C\l ~ "': '" <- '" N ,,:g .2 c ::l T'" C g - "' ~E <( C\l f/) C') ~ .. :!:: ... ~ '" ....0 .2 " ... 8- >< CIl '" '" ... "'~ .2 ~ ,g -. ;;; " 8 - ~ ,.: C\l ~..2 " '" " I- ~ 0 " '" '" ,..: ~ .,; .. 1'5 ti :P '" ~ ~ .. 0 ... oE "'" 0 0 M ~ <5 '" " ,q 0 '" " '" u: Q. .. ~ '" 0 0 .,; ;i '" COO N Q. .. 0 ".c <( '" ElIl ...., C .2_ !'Ii a::: "'u 'il!j "'.. ~:l ~ s~ " . ;;; 8 8 ;;; Ol ... .. . Eo '" 0 '" 0.- i'ii <0 c '" i '" ..- ~ .,; ~... !: ~ ~ '6 .,; N .. 0 C!; c OJ ui M '" <5 ... '" " " '" w <Xi 0 00 .. ~ '" .c gii .,; ;i '" c '" <D .. 0 '" '" ...5 0 i .. '" "," ,,16 - s.c '" _E - 0" .. "C: g. .0 0 "- ., tl En. 0 0 wE '" !'I" !:! cE - H !:l '" ";" !; ., '" '" ~ ~t: !:! c c - 0 .. - '" u. u " ';"2\ <3 <! " . . c 16 "!': - ~ .. " " '" '" ! E .. .. .. 0- 'll 1;; E E '" 0 6""- ~ ~ ~ .. " .~ ~ Ol "" ~ uM ~ " " E J!l c lii .~ ".c ~ C '" :f 15~ ~ is '" c 'E " c '" Ol .. c " " .. - >- .. e E .. .. .. E '" .. > ~::;; '2 VI :f w C Ol 1ij E E J !! :n -" 0 .. ~ " " ~ ~ "" 0. > ~ ~ .. ~ :Eli &! => ~ .5 E E .5 u w ...." N ... ... ~.'!! ~5 ~ ~ @ 0 l:l ~ - . 0 ~ Cl ,e ~ " .. . ~ ~ t- :; ~ Q, :Ii .2 '" 0 0 ~ I s. S~ -I ~l :! ~l :! - 1'1. ~~ - ~ ~ ~ ~ .- e:i1 ~ :Ii~ ill ~ ~ i ~' ~ill ~I "'" ~I ~ ~I ... ... ... '" '" !!. '" ~ .. g I I I :Ii U ill ~ 0 .. ~ ;:: III ... ... '" . 0; 0; 0 0 0 0 - , 0 0 0 0 '" ~ ,; m " ~ ~ ~ '" '" !;j ... 15 .. .. 0 0 l:i ,.; :3 ,,; ,,; ,,; N 8 !;j :2 m m '" III .. ... ... ... '!j .; ;l; ;l; ,,; .. m . 0; ~ 8 0 8 0 0; , '" 0 0 .. :lii .; " " ~ ~ '" > '" ... l; 15. ~ .. .. 0 If) l:i ,.; :3 gj ,,; ,,; ~ !;j Ie m "t:l . .. i ... III .; ;1,' ;i ,,; c .. :Ii .. m 0 e m - III C E c CI> .. 0 E III It'l :;::; CI> ~ 0 . 0; 0; 8 0 8 0 ~ 0 , '" 0 '" I'll ele N .. ,; .; " Iii ~ ~ '" t.l > '" ~ ... 15 I'll- .. 0 o c , .... ~ ,.; ... ~ ~ Iii ,,; ~ = I'll III M '" !;j ~ .. ... <1:::=== ~ .; .; ;l; i :i IV III .. .. ><O...c I'll._ III 0 1--0.. ..,.~OU o ;:0 ~.'!! ~ ~ o 0 ~ . . No.. .l!!e ~ '" <I: 0 , ~ ~ o a.. .. 0 c::: &8 S w 8 ~ III ... e c e .; " " .; ~ ~.; z Ii! ~ ... ~ ::> o. '" <Ill "- ... w ~ Ii :i I- :; III .. 0 Z I- '!j :( 'i w z '" W I- '" III III W I- W ~ W ~ " Z 0: >- ~ ~ " . . . . - z '" ~ '" -' '" '" . w e . < e e , " ~ I- ~ . < ~ ii: i)i ~ J!l -' 5 " < " " " 'l! c ~ c (i\ c III . . . 8 . jj "- ~ ~ ~ s ... .. , , , - '" III III III C " . :l i ... C J!l '" J!l ... > ~ <; 0 ~ .E S .. " .. " " " ~ " E E ~ ~ ~ ~ .5 " (; ~ ~ ~ " c c ~ ~ ~ " " E '" ~ 15 V2 .. 1; 0 ;; ~ in ~ " ~ .. > III ::> 0 >- >- " .... III .5 III .5 III '"' ~ a. ~ 8 .. ~ () ~.,; '" ~~ .. . ,2 a. ~l ~ i~ 0 a. '" ~ ~, goB ~ g 0 ~ ~ .. 0 .. p, - c G " ~ .,; .... l; ~ ,. c- ~ w. lD .; .; Q N ~ :! ~ lil .. i Q ... .. Ul "C ...... I: M 0.. ... ClI I: ell ell .c 13EeIl.s ; G,) Co U ~ g'~~ 01:>-01 = Cll aI ::l <C:=~E! >< 0 .- ..c CU ._ .=: .... 1--" It') ~~~g go N Ne.. ...... <C c a:: It') o o N ... ell .c o .. u o . . .2; eLl! e... "E ~~ l; =~ ~ [ ~2l .. - o .. .. .. .. N N ~ S N N .S o. llc ~ c e .... u Ul ~ '" goB - c ~.!! - . 5l'lD lD N o ~ ~ ~ ~ z w ::; .... Ul W > ;;:; ~ >- .. u E ~ ~ ~ ~ :g ~ ~ U) c -' o !. ... c " ... c .. ;; oS .. . ~ .5 B- e .. ~ ~ * o >- ..J Ul ~ . . J! .. c " 5 ~ .5 .. iii ::> " o 0 o 0 o ci o 0 0 o 0 0 o ci c:i 8 ~ g o 0 g g i!l. 0 <<> q) iii o 0 o 0 o ci .. .. oJ ... , N ~ ... N g 1:0 o .; :! .. ... .. .. ~ ~ ~ 11l ..; ... ... Q l:; .. .. ~ .., . Ul f!! w '" a: ~ ~ I ~ Jl VI g 1l {!. J!l e .. E ~ ~ J!l '" c ~ .. E ~ ~ II \!1 I lEt c .. E 'iii .. > .5 c .. E 'iii ~ ~ Ul .5 ~ RANCfiO CUCAMONGA L~_~__~-=-_~=___._._ .----------,.___~__~_~_~.- - __-_ -===--~.====_===_==:J fIRE PROTECTION DISTRICT Staff Report DAlE: TO: FROM: BY: SUBJECT: November 16, 2005 Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director Peter M. Bryan, Fire Chief Dawn Haddon, Purchasing Manager Pamela J. Pane, Management Analyst II APPROVAL OF A SINGLE SOURCE PURCHASE FOR ONE (1) L1FEPAK 12 DEFIBRILLATOR AND RELATED ACCESSORIES. WITH SERVICE AGREEMENT. FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS IN THE AMOUNT OF $22,677.07 FROM ACCOUNT NUMBER 2505801-5603 (FIRE PROTECTION-RDA FUND) AND $925.00 FROM ACCOUNT NUMBER 2505801-5300 (FIRE PROTECTION - RDA FUND) FOR A TOTAL PURCHASE AMOUNT OF $23,602.07 RECOMMENDATION It is recommend that the Redevelopment Agency Board approve a single source purchase for one (1) LifePak 12 defibrillator and related accessories, with service agreement, from Medtronic Emergency Response Systems in the amount of $22,677.07 from account number 2505801-5603 and $925.00 from account number 2505801-5300 (Fire Protection - RDA fund) for a total purchase amount of $23,602.07. BACKGROUND Patient care is the most significant reason for this single source purchase. The LifePak 12 is the primary, most important, single piece of emergency medical equipment that is used for Advanced Life Support (ALS) patient care on the emergency scene. The Fire Protection District has used the Medtronic Physio Control product since the start of providing ALS services in July 1996. There are currently thirteen (13) LifePak units in service at this time. lif , -F'lIge2 November 16, 2005 PURCHASE OF ONE (1) L1FEPAK 12 DELIBERATOR Emergency scenes can be very chaotic and stressful and require a standard piece of equipment to reduce the chance of error. Without standardization of the monitor/defibrillator, a predisposition for medical errors could exist that may result in catastrophic life loss, possible liability to the District, and possibly expose the District to potential financial liability. The District provided the specifications to Purchasing along with a single source justification request. After review and approval, Purchasing obtained a current quote to include the LifePak 12 defibrillator, accessories, and one-year service agreement, with acceptable terms and conditions. Purchases of this product are direct from Medtronic Emergency Response Systems. Respectfully submitted, &1~ Fire Chief IS STAFF REpORT REDEVELOPMENT AGENCY Date: November 16, 2005 To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Linda D. Daniels, Redevelopment Director Subject: APPROVAL OF EMERGENCY HOUSING ASSISTANCE PROGRAM GUIDELINES TO ASSIST EVACUEES OF RECENT HURRICANE DISASTERS RECOMMENDATION: Approve the attached guidelines which can provide up to 6 months of emergency housing assistance to income qualified families that have chosen to relocate to Rancho Cucamonga as a result of the Hurricane Katrina and Rita natural disasters. BACKGROUND: On September 21, 2005, as a result of the devastation created by Hurricanes Katrina and Rita, the Redevelopment Agency appropriated $40,000 to be used in partnership with three local non-profit housing organizations to assist evacuees who wanted to relocate to Rancho Cucamonga. ANALYSIS: The attached guidelines will be used by the Agency and the 3 participating non-profit organizations (Southern California Housing Development corporation, Northtown Housing Development Corporation and Orange Housing Development Corporation) in an effort to provide up to 6 months of emergency housing for income qualified hurricane evacuees. Briefly, the guidelines are summarized as follows: . Families earning 90% and below median income, based on family size, can qualify for emergency housing assistance. · The non-profit will submit a letter to the Agency verifying 3 things: the family is income eligible; the family is an evacuee of the area affected by the Hurricane(s); there is no vacant unit that the family is eligible for based on the affordability terms of the Agreements with the non-profit; a calculation of the funding that will be needed for the family based on the rent being charged, and the amount of rent that can be paid by the family. . Provided emergency housing funds are available, the Agency will pay the difference in the amount of housing rental costs that the family can pay (30% of gross income based on family size) and the rent that is being charged for a period of up to 6-months, not to exceed $1,200 per month. If an affordable unit, which the family qualifies for, becomes available during the term that emergency housing assistance is being provided, the family will be assigned to the qualifying affordable unit and the Agency's payments of emergency housing assistance will cease for that family. It:, EMERGENCY HOUSING ASSISTANCE GUIDELINES NOVEMBER 16, 2005 PAGE 2 . Agency rental assistance will be paid directly to the non-profit during the term of the tenancy, or for up to a 6-month period of time, whichever is less. The non-profit will submit an invoice to the Redevelopment Agency on a monthly basis that identifies: the amount of rent that the family can pay, the amount of total eligible rent, the amount of rent payment requested under the program, and a statement that the family has rented for the previous 30 day period. Within 20 days of receipt of the invoice the Agency shall pay the non-profit the amount of emergency housing assistance due, not to exceed $1,200 per month. . Eligible rent shall include the standard rent for the unit, not including utilities (unless they are a part of the rent as a common business practice). Eligible rent does not include any additional charges for garage use, internet service, cable service, furniture, or any other added value options that may be in addition to the standard rent charged of the unit. . The Agency will not be a co-signer on the lease; rather the Agency and non-profit will enter into an Agreement indicating responsibility for the rent during the term of the lease by the family. . The housing assistance cannot be used to pay for any security deposits, credit checks, or other types of one-time charges by the non-profit that are required to complete the rental agreement. . The non-profit must certify on a monthly basis that the family is living in the unit for which they are receiving assistance. If the family no longer resides at the complex, or if an affordable unit becomes available which they are eligible for, the non-profit will adjust the family's rent to the qualifying affordable rent and notify the Agency that emergency housing assistance is not longer required. Any unused money reserved for the family will be made available for another family and non-profit applying for the program. The non-profit is not required to certify the income level of the family each month in which emergency housing assistance is being paid. . The program will be available to hurricane evacuees on a first come, first served, basis. The funding for the program will expire on July 1, 2006. Approximately 25 families have been given housing assistance using resources available to the non-profits. The non-profit organizations have indicated that the availability of this program will continue to support their efforts in assisting evacuees of the areas affected by the hurricanes. Respectfully submitted, ~~.~ Linda D. Daniels Redevelopment Director Attachment: Emergency Housing Assistance Guidelines 17 Emergency Housing Assistance Program For Hurricane Evacuees Purpose To provide up to 6 months of emergency housing assistance to income qualified families that have chosen to relocate to Rancho Cucamonga as a result of the Hurricane Katrina and Rita natural disasters. Partners in Implementing the Program The Agency will work with the three non-profit organizations (So Cal, Northtown, Orange) that own and operate rental units under Agreements with the Agency. If housing units are available, the Agency and non-profit partners will work together to assist displaced families. No existing tenant will be displaced in order to provide housing for a hurricane evacuee/family. The non-profits will not actively market this program; rather they will take referrals from emergency service organizations (Red Cross, Salvation Army), churches, their own referrals, and the City of Rancho Cucamonga. Program Guidelines 1. The housing assistance is available for any family earning 90% and below the area median income, based on family size. 2. The rental unit must be owned by one of the 3 non-profit organizations (Southern California Housing Development Corporation, Northtown Housing Development Corporation, Orange Housing Development Corporation) that own and manage apartment units in the City. 3. The non-profit will submit a letter to the Agency verifying 3 things: the family is income eligible; the family is an evacuee of the area affected by the Hurricane(s); there is no vacant unit that the family is eligible for based on the affordability terms of the Agreements with the non-profit; an approximation of the funding that will be needed for the family based on the rent being charged, the amount of rent that can be paid by the family, and a cumulative housing assistance amount based on a not to exceed 6-month period of time. Within 10 working days of receipt of the letter from the non-profit the Agency will submit a confirmation letter to the non-profit verifying that funds in the emergency housing assistance program exist to support the request. 4. Provided funds are available, the Agency will pay the difference in the amount of housing rental costs that the family can pay (30% of gross income based on family size) and the rent that is being charged for a period of up to 6- months, not to exceed $1,200 per month. If an affordable unit, which the family qualifies for, becomes available during the term that emergency housing assistance is being provided, the family will be assigned to the ,<g qualifying affordable unit and the Agency's payments of emergency housing assistance will cease for that family. 5. Agency rental assistance will be paid directly to the non-profit during the term of the tenancy, or for a 6-month period of time, whichever is less. The non - profit will submit an invoice to the Redevelopment Agency on a monthly basis that identifies: the amount of rent that the family can pay, the amount of total eligible rent, the amount of rent payment requested under the program, and a statement that the family has rented for the previous 30 day period. Within 20 days of receipt of the invoice the Agency shall pay the non-profit the amount of emergency housing assistance due, not to exceed $1,200 per month. Eligible rent shall include the standard rent for the unit, not including utilities (unless they are a part of the rent as a common business practice). Eligible rent does not include any additional charges for garage use, internet service, cable service, furniture, or any other added value options that may be in addition to the standard rent charged of the unit. 6. The Agency will not be a co-signer on the lease; rather the Agency and non- profit will enter into an Agreement indicating responsibility for the rent during the term of the lease by the family. 7. The housing assistance cannot be used to pay for utilities or utility deposits, unless they are included in the rent as a normal business practice. 8. The housing assistance cannot be used to pay for any security deposits, credit checks, or other types of one-time charges by the non-profit that are required to complete the rental agreement. 9. The non-profit must certify on a monthly basis that the family is living in the unit for which they are receiving assistance. If the family no longer resides at the complex, or if an affordable unit becomes available which they are eligible for, the non-profit will adjust the family's rent to the qualifying affordable rent and notify the Agency that emergency housing assistance is not longer required. Any unused money reserved for the family will be made available for another family and non-profit applying for the program. The non-profit is not required to certify the income level of the family each month in which emergency housing assistance is being paid. 10. The program will be available to hurricane evacuees on a first come, first served, basis. The funding for the program will expire on July 1, 2006. 1'1 RANCHO CUCAMONGA L _ ENGINffRING DfPARTMfNT Staff Report DATE: November 16, 2005 TO: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director FROM: William J. O'Neil, City Engineer BY: Maria E. Perez, Associate Engineer SUBJECT: APPROPRIATION OF $1,909,000.00 FROM 2004 TAX ALLOCATION BOND PROCEEDS TO ACCOUNT NO. 26608015650/1355-660-6312 TO BE USED FOR RIGHT-OF-WAY ACQUISITION FOR THE HAVEN AVENUE UNDERPASS CAPITAL PROJECT RECOMMENDATION Staff recommends the appropriation of $1,909,000.00 from 2004 Tax Allocation Bond Proceeds to Account No. 26608015650/1355-660-6312 to be used for Right-of-way Acquisition of the Haven Avenue Underpass Capital Project. BACKGROUND The technical design for the Haven Avenue Underpass is complete. Staff has begun the right-of-way acquisition process. Appraisals were completed and accepted. Offers were made to owners. The Resolutions of Necessity for the Acquisition in Eminent Domain of certain real property interests are being considered on tonight's Council Agenda for action. The requested appropriation will only be necessary if the City Council adopts the Resolutions of Necessity. The appropriation of funds will allow the acquisition process to move fOlWard by making funds available to begin the Eminent Domain process through the Courts. The funds will be used to make the deposit of probable compensation with the Court. Actions through the Courts may determine compensations to be more or less. t./J REDEVELOPMENT AGENCY STAFF REPORT Re: Haven Avenue Underpass Capital Project November 16, 2005 Page 2 Staff will return for consideration of further appropriations as necessary. ully submitted, aUU Willia J. O'Neil City Engineer WJO:MEP 2.1 ~u~ JD' IU\v1l50fjAVE I ~ ~ I BANYANID ~ D ~ ~ . ~ <::l <!l ~ 0. ~ ~ QT.... ~ ~ WI N AV ~ ~I >1 ii11 '-' 6N5f RR OTH 5T ~ ~ z 3> PROJECT LOCATION CITY OF RANCHO CUCAMONGA HAVEN AVENUE GRADE SEPARATION VICINITY MAP NTS 22. - FIRE PROTECTION DISTRICT AGENDA NOVEMBER 16, 2005 - 7:00 P.M. 1 }V.NCHO THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY CUCAMONGA HALL, 10500 CIVIC CENTER DRIVE I A. CALL TO ORDER I 1. Roll Call: Alexander -' Gutierrez -' Michael -' Spagnoio _, and Williams - I B. ANNOUNCEMENTS/PRESENT ATIONS I 1. Muscular Dystrophy Association presentation of a plaque to Fire District and Firefighters Association. I C. PUBLIC COMMUNICATIONS I This is the time and place for the general public to address the Fire District Board. State law prohibits the Board from addressing any issue not previously included on the Agenda. The Board may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. I D. CONSENT CALENDAR I - The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember or member of the audience for discussion. 1. Approval of Minutes: October 19, 2005 2. Approval of check register dated 10/26/05 through 11/8/05, for the 1 total amount of $415,503.01. 3. Approval to receive and file current Investment Schedule as of 5 October 31,2005. 4. Approval of a Resolution declaring results of a Special Eiection in 9 Community Facilities District No. 85-1, Annexation No. 05-10 (Chinese Christian Family Church - 8619 Saker Avenue). e FIRE PROTECTION DISTRICT AGENDA NOVEMBER 16, 2005 - 7:00 P.M. 2 RANcHO THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY CUCAMONGA HALL, 10500 CIVIC CENTER DRIVE RESOLUTION NO. FD 05-075 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 05-10 10 5. Approval to accept donation of graphic design services for "Sirens and Lights Mean Roadway Rights" public education campaign project through local movie theater advertising slides. 13 6. Approval to appropriate funds from Fire District Reserve Funds into Account Nos. 3281501-5605 ($4,500), 3281501-5300 ($1,700), 328 1501-5200 ($1,300) and 3281501-5152 ($3,200) for a total amount of $10,700 for the purchase of two (2) computer workstations and one (1) laptop and associated hardware and software for new positions. 14 II E. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (DPDG FUND VIII. LLC TT17435 ANNEXATION NO. 05-11) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD 05-076 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CAL1FORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 05-11) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85- 1), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 16 19 FIRE PROTECTION DISTRICT AGENDA NOVEMBER 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 3 2. CONSIDERATION TO ADOPT A RESOLUTION DECLARING 26 ANNEXATION OF TERRITORY (HL HOMES CORPORATION - TT16908 - ANNEXATION NO. 05-12) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD 05-077 29 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 05-12) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85- 1), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS If F. ADJOURNMENT I 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 November 9, 2005, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. October 19, 2005 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MINUTES Reqular Meetinq II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga Fire Protection District was held on Wednesday, October 19, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President William J. Alexander called the meeting to order at 7:02 p.m. Present were Boardmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and President 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; George Rivera, Administrative Services Manager; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Jon Gillespie, Traffic Engineer; Dan Coleman, Acting City Planner; Kevin McArdle, Community Services Director; Nettie Nielson, Community Services Superintendent; Jennifer Hunt, Community Services Coordinator; Paula Pachon, Management Analyst III; Lieutenant Scott Mesa, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberiy Thomas, Management Analyst III: Fabian Villenas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, Secretary. '" '" '" '" '" '" II B. ANNOUNCEMENTS/PRESENTATIONS I] No announcements/presentations were made. :It"''''''''''''' C. PUBLIC COMMUNICATIONS C1. John Lyons stated our hearts go out to Deputy Danny Lobo's family and that our prayers go out to Battalion Chief Barry's family as one of his family members was in an accident. He stated he attended the open house at Station 4 last weekend and that it was an outstanding event. He stated the Mercy Air helicopter is still the main event although everyone does like the fire trucks. * * ... '" :It '" II D. CONSENT CALENDAR II D1. Approval of Minutes: September 21,2005 D2. Approval to receive and file current Investment Schedule as of September 30, 2005. D3. Approval of check register dated 9/14/2005 through 10/11/2005, and payroll 9/14/2005 through 10/11/2005, for the totai amount of $138,245.36. Fire Protection District Minutes October 19, 2005 Page 2 D4. Approval to appropriate funds from Fire District Reserve Funds into Account No. 3281510-5285 in the amount of $4,000.00 for the purchase of uniforms for approximately 12 - 15 new personnel to be hired during Fiscal Year 2005/06. D5. Approval of a piggyback contract for the purchase of one New West Mark Type III brush apparatus from West Mark Fire Apparatus of Ceres, California in the amount of $246,333 to be funded from Ace\. No. 3283516-5604 (CDF 88-1 Station 176, Capital Outlay- Vehicles) as approved in the FY 05/06 budge\. D6. Approval to extend piggyback contract for the purchase of gasoline and diesel fuel with Porn a Distributing of San Bernardino, for Fleet Maintenance, Sheriff's Department and Fire District in annual amounts not to exceed $192,000.00 from Fund 1001317-5255 (Fleet), $162,000.00 from Fund 1001317- 5256 (Fleet), $255,000.00 from Fund 1001701-5255 (Sheriff's Department), $40,000.00 from Fund 3281527-5255 (Fire District), and $80,000.00 from Fund 3281527-5256 (Fire District), and approval to award an additionai 10% contingency (all funds). D7. Approval of a Resolution declaring resuits of a Special Election in Community Facilities District No. 85-1, Annexation No. 05-7 (Red Hill Country Club - 8358 Red Hill Country Club Drive). RESOLUTION NO. FD 05-066 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTiON DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 05-7 D8. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 05-8 (HLM Homes LLC - TT17444). RESOLUTION NO. FD 05-067 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 05-8 D9. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 05-9 (Homescape Cucamonga, LLC - TT17013). RESOLUTION NO. FD 05-068 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 05-9 D10. Approval to adopt a boundary map showing property within TT 17435 (DPDG Fund VIII, LLC), generally located on the southwest corner of Haven Avenue and Church Street, to be annexed into CFD No. 85-1. Fire Protection District Minutes October 19, 2005 Page 3 RESOLUTION NO. FD 05-069 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 05-11) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 D11. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 05-11 (TT 17435; DPDG Fund VIII, LLC), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 05-070 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING INTENTION TO ANNEX TERRITORY (ANNEXATION NO. 05-11) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 D12. Approval to adopt a boundary map showing property within TT16908 (HL Homes Corporation), generally located on the north side of Arrow Highway, west of Baker Avenue, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 05-071 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 05-12) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 D13. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 05-12 (TT 16908; HL Homes Corporation), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the speciai taxes to be levied within the annexation and set a time and place for a pubiic hearing related to the annexation. RESOLUTION NO. FD 05-072 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING INTENTION TO ANNEX TERRITORY (ANNEXATION NO. 05-12) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Michael, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. * :It *:It * :It Fire Protection District Minutes October 19, 2005 Page 4 II E. ADVERTISED PUBLIC HEARINGS II E1. CONSIDERATION OF ADOPTION OF A RESOLUTION DECLARiNG ANNEXATION OF TERRITORY (CHINESE CHRISTIAN FAMILY CHURCH 8619 BAKER AVENUE ANNEXATION NO. 05-10) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS A staff report was presented by Fire Chief Peter Bryan. President Alexander opened the meting for pubiic hearing. There being no response, the public hearing was closed. RESOLUTION NO. FD 05-073 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 05-10) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1), CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. FD 05-073. Motion carried unanimously 5-0. E2. CONSIDERATION OF A RESOLUTION ADOPTING FEES TO PROVIDE FIRE DISTRICT MAINTENANCE FACILITY SERVICES TO OTHER FIRE AGENCIES AND FIRE EQUIPMENT MANUFACTURERS A staff report was presented by Fire Chief Peter Bryan. President Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. FD 05-074 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES TO PROVIDE FIRE DISTRICT MAINTENANCE FACILITY SERVICES TO OTHER FIRE AGENCIES AND FIRE EQUIPMENT MANUFACTURERS1 MOTION: Moved by Spagnolo, seconded by Williams to approve Resolution No. FD 05-074. Motion carried unanimously 5-0. ****** II F. STAFF REpORTS II F1. UPDATE ON THE STATUS OF FIRE AND EMS SERVICE IMPROVEMENTS - Oral Report Chief Peter Bryan presented an update from a sheet he handed out, which is on file in the City Clerk's office. Fire Protection District Minutes October 19, 2005 Page 5 Boardmember Michael felt this was an excellent report. He referred to the information about Medic Squad 171 and hoped there would be a fuil engine in the northwestern part of the City within the near future rather than housing it at the Amethyst Station. Chief Bryan stated they are looking at all viable options, including renting a house In the northwest, to establish a fire station that would have the quickest travei time and response capability, including being a good neighbor to those surrounding it. President Alexander mentioned multi-family residential inspections, and stated a portion of those are mandated by the state, and asked if the state would be providing any funding for those inspections. Chief Bryan stated they are state mandated and there is no funding at the current time. President Alexander asked if we could at least apply for some type of reimbursement. Chief Bryan stated they would make a determination by researching this to see if we can't at least file for this. ****** G. ADJOURNMENT MOTION: Moved by Michael, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 7:19 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC Secretary Check No. AP - 00229263 AP - 00229265 AP - 00229267 AP - 00229267 AP - 00229268 AP - 00229268 AP - 00229274 AP - 00229277 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229282 AP - 00229285 AP - 00229288 AP - 00229295 AP - 00229304 AP - 00229311 AP - 00229312 AP - 00229321 AP . 00229325 AP - 00229325 AP - 00229326 AP - 00229326 AP - 00229327 AP - 00229328 AP - 00229334 AP - 00229371 AP - 00229371 AP - 00229374 AP - 00229374 AP - 00229389 AP - 00229389 AP - 00229393 AP - 00229394 AP - 00229398 AP - 00229398 AP - 00229399 AP - 00229405 AP - 00229409 AP - 00229409 AP - 00229426 AP - 00229428 AP - 00229433 AP - 00229439 AP - 00229451 AP - 00229452 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229465 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Al!enda Check Rel!ister 10/26/2005 through 11/8/2005 Check Date Vendor Name 10/26/2005 ADAPT CONSULTING INC 10/26/2005 AIRCONDITIONING INC. 10/26/2005 ALL CITIES TOOLS 10/26/2005 ALL CITIES TOOLS 10/26/2005 ALLST AR FIRE EQUIPMENT INC 10/26/2005 ALLST AR FIRE EQUIPMENT INC 10/26/2005 AMERICAN RED CROSS 10/26/2005 ARCH WIRELESS 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 AUTO PARTS COMPANY 10/26/2005 BARREDA, AUGIE 10/26/2005 BERRY, DAVID 10/26/2005 CALIFORNIA PUBLIC EMPLOYEES 10/26/2005 CLASSE PARTY RENTALS 10/26/2005 DAISY WHEEL RIBBON CO INC 10/26/2005 DANIELS TIRE SERVICE 10/26/2005 EMS PERSONNEL FUND 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FIRE MAINTENANCE COMPANY LLC 10/26/2005 FIRE MAINTENANCE COMPANY LLC 10/26/2005 FIREMASTER #109 10/26/2005 FISHER SCIENTIFIC 10/26/2005 GENERAL SERVICES ADMIN. 10/26/2005 LN CURTIS AND SONS 10/26/2005 LN CURTIS AND SONS 10/26/2005 MALLORY CO 10/26/2005 MALLORY CO 10/26/2005 NAPA AUTO PARTS 10/26/2005 NAPA AUTO PARTS 10/26/2005 NEWPORT PRINTING SYSTEMS 10/26/2005 NICKS CUSTOM BOOTS 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OLSON, BUZZ 10/26/2005 OWEN ELECTRIC 10/26/2005 PAINT BUCKET INC 10/26/2005 PAINT BUCKET INC 10/26/2005 RASMUSSEN. STEPHANIE 10/26/2005 RCFD-EXPLORER POST #540 10/26/2005 RICHARDS WATSON AND GERSHON 10/26/2005 SAN BERNARDINO COUNTY 10/26/2005 SMART AND FINAL 10/26/2005 SO CALIF GAS COMPANY 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 TERMINIX PROCESSING CENTER Amount 270.13 1,192.00 44.53 30.00 73.49 271.49 100.00 97.11 47.87 41.42 9.89 127.42 293.29 60.28 305.69 130.00 389.84 30,656.62 431.01 694.31 539.98 130.00 651.00 819.00 540.00 53.77 191.63 243.89 941.40 106.09 643.52 377.14 685.29 -60.23 46.48 46.39 186.75 332.75 129.61 130.00 47.29 -25.00 130.00 51.78 524.50 750.00 516.00 325.98 10.19 539.77 2,227.48 2,227.47 65.00 User: KFlNCHER - Karen Finche, Page: I Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Current Date: 11/08/20C Time116:22:3 Check No. AP - 00229465 AP - 00229465 AP - 00229474 AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229500 AP - 00229500 AP - 00229510 AP - 00229510 AP - 00229517 AP - 00229537 AP - 00229548 AP - 00229557 AP - 00229557 AP - 00229565 AP - 00229566 AP - 00229572 AP - 00229572 AP - 00229572 AP - 00229576 AP - 00229585 AP - 00229586 AP - 00229588 AP - 00229588 AP - 00229591 AP - 0022960 I AP - 00229610 AP - 00229610 AP - 00229610 AP - 00229612 AP - 00229612 AP - 00229614 AP - 00229617 AP - 00229633 AP - 00229633 AP - 00229633 AP - 00229633 AP - 00229633 AP - 00229633 AP - 00229633 AP - 00229633 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229648 AP - 00229648 AP - 00229648 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Al!enda Check Rel!ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 63.00 75.00 36.72 24.78 13.95 13.95 13.95 27.90 27.90 13.98 149.'12 25.00 43.09 54.95 380.66 216.54 1,362.00 120.28 96.88 16.00 22.21 840.00 687.80 180.20 420.00 775.00 194.56 7.28 18.36 223.88 247.21 236.03 15.38 461.22 565.40 -33.38 24.49 90.17 59.51 138.70 28.76 28.27 18.30 9.01 30.35 23.68 1,156.51 362.14 -294.02 312.79 21.88 3.02 -0.86 10/26/2005 TERMINIX PROCESSING CENTER 10/26/2005 TERMINIX PROCESSING CENTER 10/26/2005 UNIFIRST UNIFORM SERVICE 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 11/2/2005 A & A APPLIANCE SERVICE 11/2/2005 A & A APPLIANCE SERVICE 11/2/2005 ALL CITIES TOOLS 11/2/2005 ALL CITlES TOOLS 11/2/2005 AUTO PARTS COMPANY 11/2/2005 CALSENSE 11/2/2005 CONNECT WIRELESS SOLUTIONS 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 DEPARTMENT OF MOTOR VEHICLES 11/2/2005 DOMINICK, SAM 11/2/2005 FINESSE PERSONNEL ASSOCIATES 11/2/2005 FINESSE PERSONNEL ASSOCIATES 11/2/2005 FINESSE PERSONNEL ASSOCIATES 11/2/2005 GLENN'S REFRIGERATION 11/2/2005 HOLLOW A Y, DAN 11/2/2005 HOME DEPOT CREDIT SERVICES 11/2/2005 HOSE MAN INC 11/2/2005 HOSE MAN INC 1112/2005 HUMANSCALE CORPORATION 11/2/2005 INTERSTATE BATTERIES 11/2/2005 KME FIRE APPARATUS 11/2/2005 KME FIRE APPARATUS 11/2/2005 KME FIRE APPARATUS 1112/2005 LAWSON PRODUCTS INC 11/2/2005 LAWSON PRODUCTS INC 11/2/2005 LN CURTIS AND SONS 11/2/2005 LU'S LIGHTHOUSE INC 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 NAPA AUTO PARTS 11/2/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 11/2/2005 PATTON SALES CORP 11/2/2005 PATTON SALES CORP 11/2/2005 PATTON SALES CORP User: KFINCHER - Ka,en Finche, Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Port,ait Layout Current Date: 11/08/20e Time:,Z 16:22:3 Check No. AP - 00229648 AP - 00229648 AP - 00229651 AP - 00229651 AP - 00229651 AP - 00229653 AP - 00229656 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229664 AP - 00229665 AP - 00229668 AP - 00229693 AP - 00229694 AP - 00229704 AP - 00229707 AP - 00229713 AP - 00229713 AP - 00229713 AP - 00229713 AP - 00229713 AP - 00229713 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 002297 16 AP - 00229716 AP - 00229716 AP - 002297 16 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229721 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Al!enda Check Rel!ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 24.09 119.30 112.50 131.25 327.06 93.74 1,319.01 12,300.22 2,002.80 6,305.00 20,599.21 32,063.26 29,219.88 29,602.16 30,287.19 29,495.38 2,692.66 16,770.70 2,512.07 3,468.65 13,300.30 2,470.76 18,753.29 29,483.52 29,121.89 5,086.53 31,186.21 633.26 76.94 330.38 149.78 215.00 36.72 436.52 92.05 516.35 79.82 257.87 41.34 467.75 28.32 28.33 540.84 540.84 153.39 134.71 28.33 64.53 467.75 467.75 467.75 467.75 889.50 11/2/2005 PATTON SALES CORP 1l/2/2005 PATTON SALES CORP 11/2/2005 PF SERVICES 11/2/2005 PF SERVICES 11/2/2005 PF SERVICES 11/2/2005 PIT STOP EMBROIDERY AND SCREEN PRINT 11/2/2005 POMA DISTRIBUTING CO 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 PUBLIC AGENCY SELF INSURANCE SYSTEM 11/2/2005 QUALITY TRUCK ELECTRIC 11/2/2005 RAULS AUTO TRIM INC 11/2/2005 SHIFT CALENDARS 11/2/2005 SO CALIF GAS COMPANY 11/2/2005 TRAINING OFFICER SYMPOSIUM 11/2/2005 UNIFIRST UNIFORM SERVICE 11/2/2005 VERIZON WIRELESS - LA 11/2/2005 VERIZON WIRELESS - LA 11/2/2005 VERIZON WIRELESS - LA 11/2/2005 VERIZON WIRELESS - LA 11/2/2005 VERIZON WIRELESS - LA 11/2/2005 VERIZON WIRELESS - LA 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 VERIZON 11/2/2005 WEST COAST BATTERIES User: KFINCHER - Ka,en Fincher Page: 3 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Port,ait Layout Cnrrent Date: li/08/20C Time$ 16:22:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/26/2005 through 1118/2005 Check No. Check Date Vendor Name Total for Check ID AP: Total for Entity: Amount 415.503.01 415,503.01 User: KFINCHER - Karen Finche, Page: 4 Report:CK_AGENDA_REG]ORTRAlT_RC - CK: Agenda Check Register Portrait Layout Current Date: I 1 Y08/20C Time:..., 16:22:3 ro C> C o E 13 ~ (,) o n c ro '" o '" G ... u .;: ... ... III ; ~ C E l'lllt) r::GlEo ~ ~ E ~ ur:::l.... Gll'll(l)M e ~ .2 ~ a.o-.c _00 ~.gttl .- 't: 00 u..oa. ua. Ii '" . ~~ w .. .. '" u~ '" 0 .. ~~ w o .. '" ; ~ ~ M ci N ll~ ~-g .- c:!! E " .... '0.2 ~ ~~ ~ o 0. .. " 8.;1 <IlJ: ~ f5 ~ ~ g ~ (<) ~ ,... lO lO ~ ~ g g en <<I. Ol <p N 0> .. ]1~ ~ f5 ~ "IV ro C1l r-..: ~> ~ ~ ~ oicici ~ ~ 0; N .... " .~ 0.- !: ~ iil g 2 ~ g ~ .. 0 ~gg '" ~ 0 . ri o ~ . 8- o _ , ~ 58 c @ ~ ~ ~ ~ ~ 1? CI) .E ~ (J ~ (J J: c::; l1l g ~ ~ ~ ~ E ; ~ ~ ~ ~ .5 ~ a.. LL " u; '" '" '" '" .. 0'" t'"i g - ... .... '" '" '" <D '" - - '" .... ... '" ,. ~ o .,; o - .... 0> .,; ... on o '" '" ..- ,. Q) 0 co ~ 1; LO 00 ,.... C g g N o '" '" I- ..0 M .... '" - '" - ~ ,....~ 13 '" u: on '" '" 0> ... o .... '" .. _ ?J. ..... (0 .... ..... c:: ('I') CD cg :s m ~ N .fi "<t "It J: C'i ~~ E 0> o on '" - '" .... " .c o 1:; o '" E " E 1ii Gl > .E C Gl .... U ~ C 1; '" '" .. - " III 0 al ~ CI> c:: ro 'co 10 'f: a> Q 0:: co >- CP CD W C CD > ~ E :e ~ :J ~ l r- <.) < w ro 'E Illg ~J "0 ::OQ)"'ci .!S!I!i53 .~ rn V) co'O:c VI Q) E -- no .!! j!! E '0 ro 5 ~ ~'5- "I- " S<ri= III ~ 0 ~.a~ .S :a 0 Q)ci5 ;; 2i.a '0 lLi ~ fi:~ '0 8ro~ 4:.~ :J . (;j 0 ;g " " of/l~ N-5-5 _ c c '" 0 0 lii E E ~.~ ~ o~~ " c c .!l Q) 5: g-= K -g$~ 1)'EI! :a,gro 0. '" 1)' 1::=0= Q)'_ 0 E 5- ~ t5 ~ ffi .~ g ~ (]) ~ ~ =13= "" ~ j ffi E ",'u IE .- !E 0 E ~ " o (I'l Iii 'Effirn 8~"g .5 e ro .~ Co.?;- I!~G ro~~ JIl ",- ~ r::: <ll .5 .~ -g " " ~ """,, > E Gl .5 f!! ~ ~ ~ e "8 a:.~ o..c ....- '0 Q) c: :s E " .~ 1i) ~ 0"- (ij~~ .!'ll!~ ~I-~ ~~ >.Q)~ ]j~@ ~ ~~ u 0 c ro " " '51lE g.'~ l3 .... " > (/)oo..!: ;s ~ iU' ....... c: ro I!! 0 ='t)::2: ~.- '0 t.S Q) 1l.g'8 <(a. UJ ll. .0 8 '" (,) ~ ~ u: ~~ ,2 10 1:: i Ii a. " i .. ~, a: e- " .. o I IJII t " " on o o !:! - !:1 o - ob o o !:! - o a - " o 'C !l. '" c: € o c. ~ s ~5 ~ ~ ~ " I 1l c ~ ro -' N €{l ... Wn. ~ 8 .. ~ 0:<.> .; '" ao Ii: rf 0 ~ ; ~ '" 0 .,; 0 i i } s~ ~I -, ~I :! ~ ~~ ~ .. ~ n. 01;; '" 0", ~ ~~ ~ ~ :;j ~ ~ ~I ;; ~I ~I ~ i8 il:' ,.; .. N N !!, ~ ~ I I I ~ '" jlS ~ .. .. llil! 16 ill Ul '" 0 oJ . ~ .. 16 16 l(j .. ~ , ~ ::! :l! '" ::i ~ ~ ~ Ii Ie '" 13 ~ .. '" .. 8 ';! ~ ~ ~ ~ l .; "' , ~ I. m oi N .. u J!) "i: C --ell fIl l: E O~1i)1t'l l:CIlellO OCl>~ ;ita': uc...... CIll'llcnl"l "0 :ii: 'jij lil ....O.....c a. ._ ell 0 CIl0Ctl ~t:~O ().f~ o 0:: a. . , :l! ~ o '" lil :ll ~ ~ oi = ~ ~ . , ;; > . o 0. lil lil [;i ::i .- .... oi e , ~ ~.. ~c3 ~ , 0. u o c . 0 .- U ::! ~ ! :J .; u. 10 iz ... w '" I- Ul W > ;:: >- u . z '" w e ~ ~ ~ i ~ " , Ul . . , . !I! .. 'E -g . " E ... ! 1: ~ g ~ '" ~ .5 '" u e " ~ - Ul!!, 'ii ~ u Ul :J 0 >- U ...J Ul 16 iil ~ ~ ~ ~ 16 iil ~ ~ g g ~ <3 Ii: w . " '" " e l!; ~ '" ... ! :; jj $I " , Ul J!l e " o ~ ~ '" e :i! u .. '" ~ o o '" tl ~ '" Ul :. tn i8 ~ :8 ~ .. "l 0. ~ '" .; 8 g: ... ~ z 9 w " . o '" J: e ~ ~ w ... o c w 0 u. J , Ul e o Q. " o u '" '" ~ .. " '" .!l B- e .. ~ ~ E ~ -8 ~ If p; ~ ~ ,...; ,..: ::l ~ ci ~ C;; ;; N N l;; ~ o .. "' .. 8 g ~ ~ ci 0 8 8 l:"i r<f .. .. :;i "l. ~ .. a ~ ~ :g lD ~ ::; .. .; . '" e ~ ... c o ! ~ ~ ~ 0- S ;; i" .., .. Cl &. ... .... t.l .., 'i:... ... ]!~ 1l cEQ),S CQ)Q.t.l OCl>'O ..lllt-"c t.lC>'Cl ell III lD :l e:E~e ll.. 0 'S:;: :=;it) .~ ~ ~ g u.o N Oll.. .... Ii It) o o N .. Q) .c o tl o ~B .- c ~~ '".. . . c- .5! ~ a.e e" 05 'll- ",;: ~ U! ~l ~~ .. - o co .270 1;0 ~ c e ,... 'llS li&! '" ~B -c go!! ~.ll .. ::l ::l lri l4i 0> .. ~ ~ ::i ::f :8 .. .; on '" .; '" ~ .. ;;, ~ 8 g g d o g g ~ ~ 8 g o d o Iil d :::! ~ i 2 \ti' ,... Ie iij N " ,... '" w ~ <) '8 >- -;:: ii: c; U L- W E ~ Ii CIS ~ j s~~~~.c ... en ...J JJ ~ 0 JJ Jf~ ~! o c !. ! .. .. o I = " " " ... i ~ 10 .. > .E .. iii :J U ~ " .. ~ - - :;] 11 '" o >- ..J '" J!l " " o N ~ 8 Cl " :l1 ill .J: ~ o o N .g 8 .. '" .. >- Q. '" Ii! ~ ~ ill 111 ~ ~ ~ 't N N '" .. ~ on 111 ~ 5! ~ ~ ~ m N .. ~f;~~ u: ... ~ o "": > 1 i} Q. ! ;;; ~, '" eo ~ ill ~ .. 5 '" '" on 0> ~ ::i on '" "I .. ~ S ! ~ N to Jj ,...~ ~ , '" " o a. , o t.l , .. !l .. .!/! ~ " .. ~ 'i! .. " If :> ~ ~ ~ ~ 1~ State of California Pooled Money Investment Account Market Valuation 09/30/05 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasurv: Bills $ l,6n,217,124.94 $ 1,693,202,319.48 $ 1,693,605,000.00 NA Notes $ 3,222,906,890.41 $ 3,221,913,037.97 $ 3,193,815,500.00 $ 24,424,651.75 Federal Aaencv: SBA $ 730,075,758.39 $ 729,992,527.55 $ 721,922,860.97 $ 4,371,263.50 MBS $ 478,388,978.34 $ 478,388,978.34 $ 461,680,794.60 $ 2,122,141.05 Bands $ 6,782,731,958.48 $ 6,780,896,993.21 $ 6,707,879,711.40 $ 45,287,666.99 Floaters $ - $ - $ - $ - Discount Notes $ 5,692,948,198.08 $ 5,746,168,683.17 $ 5,746,195,078.00 NA FHLMC PC $ 1,807,347.37 $ 1,807,347.37 $ 1,910,240.91 $ 29,129.78 GNMA $ 267,641.90 $ 267,641.90 $ 297,818.13 $ 2,669.26 Bankers Accentances $ - $ - $ - NA Bank Notes $ 1,350,000,000.00 $ 1,350,000,000.00 $ 1,348,956,977.00 $ 8,688,416.67 CDs $ 10,930,113,461.14 $ 10,930,113,461.14 $ 10,921,707,104.75 $ 70,094,420.79 Commercial PanAr $ 8,206,669,185.95 $ 8,245,085,176.16 $ 8,242,655,210.72 NA Cornorate: Floaters $ 151,490,283.30 $ 151,490,283.30 $ 151,284,278.05 $ 5,669,960.89 Bonds $ 869,973,366.97 $ 869,973,366.97 $ 854,751,389.26 $ 9,386,699.42 Repurchase Anreemenll $ - $ - $ - NA Reverse Repurchase $ 199,600,000.00 $ 199,600,000.00 $ 199,600,000.00 $ 191,300.00 Time Dennsils $ 7,475,495,000.00 $ 7,475,495,000.00 $ 7,475,495,000.00 NA AB 55 & GF Loans $ 4,752,520,064.65 $ 4,752,520,064.65 $ 4,752,520,064.65 NA TOTAL $ 52,223,005,259.92 $ 52,327,714,881.22 $ 52,175.0n,028.44 $ 169,985,720.10 Fair Value Including Accrued Interest $ 52,345,062,748.54 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost(.99708304). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,941.660.80 or $20,000,000.00 x .99708304. ~ RANCHO CUCAMONGA I fIRE PROTECTION DI6TRICT Staff Report FROM: BY: SUBJECf: November 16, 2005 President and Members of the Board of Directors Jack Lam, AICP, City Manager Peter M Bryan, Fire Chief Janet Walker, Senior Administrative Secretary DATE: TO: CHINESE CHRISTIAN FM1IL Y CHURCH-APN: 02fJ7-132-63-SPECIALELECTlON RESULTS PERfAlNING TO ANNEXAllON NO. 05-10 RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 05-10 (a proposed church facility totaling 17,602 sq.ft.). BACKGROUND On September 21, 2005, the Board declared its intention to annex Chinese Christian Family Church (APN: 0207-132-53) into CFD No. 85-1. On October 19, 2005, a public hearing was held regarding the annexation and called for a special election. A special election was scheduled for October 26, 2005, after the adoption of the resolution declaring the annexation. On October 26, 2005, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexed Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexed Territory will have notice of the special tax obligation affecting such property. Attachments 1:\Clerical\Word Processing Docs\Staff Reports\Special Election Results Annex 05-10.doc '1 RESOLUTION NO. FD o5.~5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 05.10 WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1 982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 05-10 ("Annexed Territory"), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexed Territory a proposition to levy a special tax in the Annexed Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes case in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby further determines that the Board is now authorized to levy the special taxes within the Annexed Territory as approved and authorized by the qualified electors of the Annexed Territory. SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. Ib PASSED, APPROVED AND ADOPTED this _ day of ,2005. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, President ATTEST: Debra J. Adams, Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2005. Executed this _ day of . 2005, at Rancho Cucamonga, California. Debra J. Adams, Secretary 1/ EXHIBIT 'A' CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALWORNIA ) COUNTY OF SAN BERNARDINO )SS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ) THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALWORNIA, DO HEREBY CERTWY that pursuant to the provisions of Section 53326 ofthe Government Code and the Elections Code of the State of California, I did canvass the returns of the votes cast at the: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 05-10 SPECIAL ELECTION In said Fire Protection District held on October 26, 2005 I FURTHER CERTWY that this Statement of Votes Cast shows the whole number of votes case in said District, and the whole number of votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. II. TOTAL NUMBER OF VOTES FOR AND AGAINST PROPOSITION A FOR ~ ~ o I. TOTAL NUMBER OF VOTES CAST: AGAINST WITNESS my hand and official S~al thi~ay of{)cj- ,2005. ~jj)~ ~ Election ffici Rancho Cucamonga Fire Protection District State of California /2. RANCHO CUCAMONGA I fIR E. PRO TEe T ION D 1ST R leT Staff Report DATE TO: FROM BY: SUBJECT: November 16, 2005 President and Members of the Board of Directors Jack Lam, AICP, City Manager Peter M. Bryan, Fire Chief Kelley Larson, Fire Prevention Specialist/Public Education Approval to accept donation of graphic design services on a public education campaign project. RECOMMENDATION Approval to accept donation of graphic design services for a public education campaign project. BACKGROUND Elan Creative contacted the Fire District for the purpose of donating their graphic design services for a marketing or public education campaign project. Public Education Coordinator Kelley Larson was struggling with getting the "Sirens and Lights Mean Roadway Rights" public education campaign to a large target audience. The desired and most effective way to disseminate the message to a large audience centered on advertising resources at our local movie theaters. With the donation of graphic design services, this project would be feasible - a six week advertising campaign at the Victoria Gardens AMC Theaters. Elan Creative is a Rancho Cucamonga-based marketing company with expertise in cinema advertising. A thank you letter will be sent to Elan Creative for their donation of services. FISCAL IMPACT The only fiscal impact to the Fire District is for the purchase of advertising space through a sole vendor designated by AMC. The Fire District's Public Relations Budget will be used for this portion of the project. i:iJi/"" Peter M. Bryan Fire Chief 1:IClericallWord Processing DocslStaff ReportslAccept Creative Services Elan Creative.doc I:; RAN C HOC U C A M 0 N G A ;. - __ __ ___'_,___.__ __.._ m__, . .__,,___."" __ __ _ _ _____ fIRE PROTECTION DISTRICT Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 President and Members of the Board of Directors Jack Lam, AICP, City Manager Peter M. Bryan, Fire Chief Janet Walker, Senior Administrative Secretary APPROVAL TO APPROPRIATE FUNDS FROM FIRE DISTRICT RESERVE FUNDS FOR THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND RELATED ITEMS IN THE AMOUNT OF $10,700 INTO ACCOUNT NOS. 3281501-5605 (CAPITAL OUTLAY-COMPUTERS) FOR $4,500; ACCOUNT NO. 3281501-5152 (COMPUTER SOFTWARE) FOR $3,200; ACCOUNT NO. 3281501-5200 (O&M) FOR $1,300; AND 3281501-5300 (CONTRACT SERVICES) FOR $1,700 FOR NEW APPROVED POSITIONS. RECOMMENDATION It is recommended that the Fire Board authorize the appropriation of funds from Fire District Reserve Funds for the purchase of computer hardware, software and related items in the amount of $10,700 into Account No. 3281501-5605 (Capital Outlay-Computers) for $4,500; Account No. 3281501-5152 (Computer Software) for $3,200; Account No. 3281501-5200 (O&M) for $1 ,300; and 3281501-5300 (Contract Services) for $1 ,700 for new approved positions. BACKGROUND/ANALYSIS The adopted FY2005/06 budget contained approval of several new or previously defunded positions. With the approval of these positions, it is the department's responsibility to purchase computers associated with those positions that are new. In addition, with the computer downstream on hold for the last several years, computers assigned to the previously defunded positions have been allocated to various temporary personnel. Therefore, it is necessary to purchase a total of three (3) new computers for newly hired personnel. This purchase includes two (2) IBM ThinkCentre computers, one (1) Laptop, one (1) LCD flat screen monitor and associated hardware, software and warranties. /'1 Appropriation and Approval of Computer Purchase Page -2- Information Systems staff will be responsible for installation of all computer equipment, hardware and related software programs. Respectfully submitted, ~ Peter M. Brya Fire Chief IS RAN C HOC U C A M 0 N G A FIRE PROTECTION DISTRICT Staff Report DATE: TO: November 16,2005 President and Members of the Board of Directors Jack Lam, AICP, City Manager Peter M. Bryan, Fire Chief Janet Walker, Senior Administrative Secretary ANNEXATlON OFTT17435 TO AN EXlSTlNG COMMUNITY FAClUTlES DIS1RICT (CFD NO. 85-1) FROM: BY: SUBJECT: RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (DPDG Fund VIII, LLC - Annexation No. 05-11) to an existing Community Facilities District and calling a special election. BACKGROUND DPDG Fund VIII, LLC (TT17435) has submitted a proposal to build a mixed use project comprised on 2 office buildings, 126 residential condo units and g single family detached units on 14.31 acres located on the southwest corner of Haven Ave. and Church SI., and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) No. 85-1 in order to mitigate the development's impact upon fire protection services. On October 19, 2005, the Board initiated formal annexation proceedings by adopting a resolution approving a boundary map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex TT17435 into the existing CFD 85-1. This resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the territory proposed to be annexed to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on November 16, 2005. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: . Make certain determinations as set forth in the resolution . Call for a special election to be conducted on November 30, 2005 . Authorize submittal of the levy of the special tax to qualified electors I~ Annexation of Territory to an Existing CFD No. 85-1 November 16, 2005 Page Two ANALYSIS The annexation of TT17435 into CFD 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. DPDG Fund VIII, LLC, property owner, is in full support of the annexation of the property being annexed. The Registrar of Voters has certified there are no registered voters residing within the territory to be annexed. Therefore, the election will be a landowners vote, the landowner having one vote per acre or portion thereof of land within the territory proposed to be annexed. DPDG Fund VIII, LLC has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the territory to be annexed which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on November 30, 2005, the landowner will cast their vote ballot(s). The Board Secretary will then canvas the ballot(s). At the next Board meeting the Board will consider adopting the resolution declaring the election results. If 2/3rds of the votes cast are in favor of the levy of the special tax, the Board may declare the property to be annexed. A representative for the property owner will be present during the meeting should any questions arise regarding these proceedings. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectfully submitted, ~~~ Fire Chief ~/ ' Attachments 1:\Clerical\Word P,ocessing Docs\Staff Reports\Cali for Special Election fa, Annex O$-11.doc /1 t.- o >- <oJ <oJ I <Il Eo< 8:s ~Z oo~ .....0 ...q~~ .bz::l CXlO< ....U . Eo< ~Ou~ OZlZlO Eo< ==1 Eo< 0 lZl li>1 u ~ Eo< O....p..< . ~ Eo< OEo<lZlOO zga~ . ~~~~ ...00<.... ....f;r;1c;~ ZE=:zea o::loz E=:u:l~ <<UlZl X~~~ lZl>oUZ ZE-< < Z....Ooo <ZlI:l ~U~ ::!!~O ~~~ UlZlZ lI:l~ Eo< 0 ~U o ~,; i ~ '. I o. ." ".. ~ _ ~ 0 ~ "~9 _ . .. 0 ~ ~ ci~~ ,~o' !~~ " I' $9~ ~ ~~ ~~~~" !~~ ~~~ -'0 ~~~~ d! ~ ,~<'. · f~~. ..~! ~ O~~! ~~I !;!~i~:i~1 I~"~ ~~;~; ~;~ ~;!:~I~i~. ~ ~.~. 9i~ .~~~ ~.~ -. ~~ gl ;~~~~ ~~- .~..' -.~-~ ~ ~~~"' ~~: I~.i~ai~i~ i" ~~ .'~~; ~~" 1~~bUi=j~ ! ~~Ii ;I~. ~!~i~~!I:! il!; i;~~i ;~ ~!~!~;!i:! ~~ a.~~ i~:~ ~ii!~!i~l; .~ ~~~ _!4i; ~~I ~;i;~ii.l; ~~ ~.l~ ~!~" :.~.~~~~~~ ~, :~~ ! ~~~ 90 . :.~~~~~.~~ .. ~"~ .~; ~~.~~. ~..~. .." ~~. ~.. ~i~~. .~.. ~: .~g~ :~~~ '~!~~~~S~i ~i ~~I '''~~~i ~~g '~!~~~~~,i ~~ '~g~ ~~~. I" i~~~~~~ ~i i;~ i~g9~i ~o~ I".i~i'i.~ ~ ;~ ~ ~~Ii ~U~ 11~~~~i~~~ ~" ~~ll~~~~' ~ i~i 11~.hi.i~ ~ e: ~ ~~ ~ ~.~~ ~~!~:"~. I! ~~5 ";,_~ ~ ~"~ g~~~i~~t ~ :i c> Ii: ~ !Sj 8 i=~"- . 9 . ~;::s!! Q; <> * \!5 8'" -..,. ~ I~ ~ ~~~. ~i~~ ~i$~~g!~~~ : ~!~ .~~;!. ~ .!~ ~i$B!i~~~i c ~ do ~h!l ~".~ "6'~".iR'~ ~~ ~'. ,,~.~~. do ~~~ "6~~~"i~'~ ;J. ~Gi .;,: li'ii ~ lr:fIl. i~ I~~ 8 ... ~ ~~ ~inJ~~ Iii ~ w ~li! I~E ~ ... ~ ~~ i ~!i~ ~;~~ ~iI3~~ ~II ~I ~~~ ~~~:i~ I ~I~ !~13~~ ~II J ' . ~, \ 1 U I" t:! t:!tl'" lli~"ill~!l a I ~g . a~~ ~: !~~~ I~ :1 I~~~g~e~~ I ' i ,. I ~ ~~ ~~ " ~~ ." .~. .~ ~~ . ~~ad~~3~a '~~8 ~i ; '~51~~~~il;~' ~ I bl~ ~ h~ ~~~. m I~~ . . Go ~lll...lD ~ c ~i ~ o'~I~"~~~.~ . . i~ ~i~~~~J~~~ I;~ " ~5 ~~ h < ~~"~"~~~ i~ .~ ~5 ~~~8"; 1~~8~ ~ ~~ .~ ~~~ ~~"~~" ~I~!~' ~i= ~~ "" ~~~ ~.~~t~~~ ~~~~ bl~Si ~ !;( '" ;;: ;= ~ ~ '" .... '" ~ '" i5 3nN3A V N3A VH --- 11-' ___.Jl9_Wi _~__A1~~OO ~---~ \ i'" .oova< ! I i i i i i .i ~. "I 3N11M1 i J. ~ ~ k ~ I ~ mUIitt:J 1 ,. },[ ~. ~I .. 1 ! 1 00' ,N'Y1l1 I ~..,'j.ig.oo ,.tI.~OJ.(JON 1 .<;)~ "..' " . i ;,"1,';' 773NIiO~ . ! ~ ~ ~ ""I.... .!. S ~ 1 ,~< ~ i E ~8 ~ '" 0. I' ,. ~ ..t ! ~ ,I ~ - . u ' 'It ' il5 IQ"or (JOIN 006fZ' I ~ \ ~ ~ =---:OO~----M .~.iiUiiiN-:~_ ~ - 3n~Z~9 ~~~3:J - l~ ~6gg mlil .... ..... ~:n~ ~ ....~~ o..,,~ ::c:: . 2 oQ3~ ~~~ ~ <>.. "- ; ;; ~ , ~ \> ' ~ ~ ~ ~ . r o ~~ ~~ ~ ~ \Q Cl es >0: ~ G::; ---' ---' 'ji G is :::;; ~ ~ ~ ;;: 8 ...." "' ~ .00' . , 'J1'I:JS ft?gjlf-- ;!; 0 --/.J w'" -' < u '" o :ii!~ ~~ ."Q ."~ ~."m . o " ~.~~ i8~~ 'g....... i5o~!i ~;s~ ~I ~!!l~~ o ....~':1;!::I Z. i=c:i.8 If> RESOLUTION NO. FD 05- 01 Ie, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 05-11) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection Districf'), RANCHO CUCAMONGA, CALIFORNIA. has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot /~ Resolution No. FD 05- Page -2- arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public facilities and services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Boundary Map of Community Facilities District No. 85-1 Annexation No. 05-11 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for such services required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. AD Resolution No. FD 05- Page -3- The special taxes shall be collected in the same manner as ad valorem properly taxes.and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES PursuanHo and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Revised Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 30'h day of November 2005, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Boundary Map of Community Facilities District No. 85-1 Annexation No. 05-11, Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") j./ Resolution No. FD 05- Page -4- pursuant to the rate and method of apportionment of special taxes <the "Special Tax Formula") set forth in Ordinance No. FD 42 to finance authorized services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square after the word 'YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. 22 Resolution No. FD 05- Page -5- PASSED, APPROVED, AND ADOPTED this _ day of 2005. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, President ATTEST: Debra J. Adams, Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the _ day of 2005. Executed this _ day of 2005 at Rancho Cucamonga, California. Debra J. Adams, Secretary ,(.5 Resolution No. FD 05- Page -6- EXHIBIT "An COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 05-11 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 05-11 for Fiscal Year 2005-2006 shall be: Structures Maximum Annual Special Tax Residential 1 DU Multi-Family 2 DU: 3 DU: 4 DU: 5-14 DU: 15-30 DU: 31-80 DU: 81 - up DU: 1.75 2.25 2.65 2.65 6.15 10.65 23.15 = ($131.86) = ($131.86) = ($131.86) = ($131.86) = ($131.86) + {.35 (TU-4) = ($131.86) + {.30 (TU-14) = ($131.86) + {.25 (TU-30) = ($131.86) + {.20 (TU-80) ($131.86)} ($131.86)} ($131.86)} ($131.86)} Commercial ($131.86) per acre + $.072 per SF Industrial ($131.86) per acre + $.088 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1,2005 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. ~1 Resolution No. FD 05- Page -7- REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or stnucture onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services - Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. :l.!S RANCHO CUCAMONGA fIRI DROTICTION DISTRICT Staff Report FROM: BY: SUBJECT: November 16,2005 President and Members of the Board of Directors Jack Lam, AICP, City Manager Peter M. Bryan, Fire Chief Janet Walker, Senior Administrative Secretary ANNEXAllON OFTT16008 TO AN EXISTlNG COMMUNITY FACIUTlES DIS1RICT (CFDNO.85-1) DATE: TO: RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes .to the qualified electors of territory proposed to be annexed (HL Homes Corporation - Annexation No. 05-12) to an existing Community Facilities District and calling a special election. BACKGROUND HL Homes Corporation (TT16908) has submitted a proposal to build a 41 unit condominium project on 3.74 acres and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) No. 85-1 in order to mitigate the development's impact upon fire protection services. On October 19, 2005, the Board initiated formal annexation proceedings by adopting a resolution approving a boundary map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex TT16908 into the existing CFD 85-1. This resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the territory proposed to be annexed to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on November 16, 2005. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: . Make certain determinations as set forth in the resolution . Call for a special election to be conducted on November 30, 2005 . Authorize submittal of the levy of the special tax to qualified electors , ,:2" Annexation of Territory to an Existing CFD No. 85-1 November 16, 2005 Page Two ANALYSIS The annexation ofTT16908 into CFD 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. HL Homes Corporation, property owner, is in full support of the annexation of the property being annexed. The Registrar of Voters has certified there are no registered voters residing within the territory to be annexed. Therefore, the election will be a landowners vote, the landowner having one vote per acre or portion thereof of land within the territory proposed to be annexed. HL Homes Corporation has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the territory to be annexed which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on November 30, 2005, the landowner will cast their vote ballot(s). The Board Secretary will then canvas the ballot(s). At the next Board meeting the Board will consider adopting the resolution declaring the election results. If 2/3rds of the votes cast are in favor of the levy of the special tax, the Board may declare the properly to be annexed. A representative for the property owner will be present during the meeting should any questions arise regarding these proceedings. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectfully submitted, Attachments 1:\ClericaI\Word Processing Docs\Staff Reports\Call for Special Election for Annex 05-12.doc :21 ~ ~ il I I I RANDKJ l'1Ir.AurwGA FIR' PRnTFC110N rn~mlcrs CFRT1F1r.A rr FlED IN THe CfflCC (Y THf stcRUNl'Y OF THf RANaIO ClJCAUONGA FIRE PROmOOHCNSTRlCT.CAUFORNIA, 1>fS '" 200_ SECReTARY RNlOlO CVCAlICNCA fIRE PROrcC1ION DtSrRlCT STArr ~ CAUFORNIA I HERrBY CCRTIfY rHAT THE IITHIN MAP SHOltfNC 800NDARIls CF 1rRRlTCMY PROPOsro TO 8f ANNDXD TO COIIIIUNITY FAOurlfS DlSTRlCT NO. 85-1 fY RANO<<J WCN./ONGA FIR( PROrccnON DISTRICT. COUNTY or SAN BERNARDINO, sTAIr u CAliFrRNIA, WAS M'PRO\fll BY THE BOARD OF OIREC~S or 5VCH FIR( PR01fC1/ON DISTRICT A T A REGUl.AR MEtTlNG THERCOF, HEW ON THE D4YOf 2OO_SYITSRESCl.UTlCWNO. "IS ANNEXAl/ON JJAP AA/ENDS THCBOfJNDARYIIAP FOR COIIIiIJIirr FAClUT/[S DlSrRlCT NO. 85-1 Of THE: RAHOI() CUCUIONGA FIR( PR01fCm:w DISTRICT, COONTY Of SAN BCRNARDINo, STATE or CAUFCRNlA, PRICR RfCCRDfD a4 AT SC/Q( Of MAPS Of ASSCSWENT AND COOIIIWMTY FAClUT/[S DISTRICTS, AT PAce IN 1Hf:Of11Ctor rHfCOOUNTYREcaroarFOf/ THECOONTYCI' SltNBfRNARfHNO. CAUFCRNIA. scaiHMY RAN010 ClJCA.IKWGA F/Rf PROrrcnON DISTRICT STA1(OfCJJ.JfORNlA j~ --.-'.-.--..-.----.--..--_______..____..____n....__ EXHIBIT 'A' ...................--....1 TRACT '6908 MW: 0207-591-22 APN: 0207-591-25 APN: 0207-591-26 APN: 0207-591-28 APN: 0207-59'-3' APN: 0207-59'-J2 ~ ~--- ----- "'~--=== '" -f A~_ /JJJE 1HIS1IMlIfX411l:WIlAPSJIAlLGlMRNmfN.LDfTAlSASlOlIIE'EX1EJtTOF>>I: IlMmWr N/IEJ/EJ) 10 ~ MlClIE' IlE1l1lEHem CCIIUfrr rAWlO /n1RiICr. lFCAI nF'!;r:R/pT/(JN IIDlIr:>lSl.tltrllSllWfFAI'lJf/lQltfFLOTr4 fFSEl:llCWt,ns,R1IIlSBIIASPfRIIAP RCCI::WOOlINIl/XI(4fFIW'SAKJPARCnJ OFPNlalIlAPNQJS(M,ASPfR/iN' RCl:aiOOlINSllQf.!8,PA<<S4' OFIIAPS,IN ~ll1lCf'fFlHfClXWrr~OFs.w ,..", SAN Rf'RNARfI1NO CDl.JNTY RF7:nRrlF11's Cffl7JF1r.A TF 1/IS MAP HAS 8!CN FlED /JNDCR DOCtJIJICNT NtMBfR 1HIS DAYCI' 200 AT It IN 8/XJ( or MAPS or ASSCSSNENT AND COIIlitIMTY FAOUTIES DISTRICTS AT PAG( ATTHlREQi.!CSTtF , IN1H(AJIOUNTCI' ANNEXATION MAP NO.05'/~OF COMMUNITY FACILITIES DISTRICT NO. 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNY OF SAN BERNARDINO, STATE OF CALIFORNIA HW-f8'W'" I I -:-hTJI"4'T---u------i ' i I II I II I l___-=~-.,,_--~ ! ,I ~: I ~, i ~ I -~.~!-~ j 1/ f!SI r il '"F--~ i! [i ~lll 15/ il i"' ~ ~ I NIna''''''' 1r7.0!l' cr.:l I -- I I MnJ'JOT 2O.ao' j I NmI"4ot''';;-Ul1DO' i I~a I -~.... 1~"1 :: 'Ii I r~':; --Ii I' j!! ij::: 1 ' N! i i:!! ,\ I' -~---~ -.r--~-'~~---l_ - _ -'- _ _ _ J) , GRAi'HlC-~-_-=-~-=-_=~-=-.:_=-:-=~=- ~~ ~. ~ i. _ N1ROWROUIf , ,~if--,m_ .. _ I LARRy WALKER tHQNfER SfAL: =rw?~~~ STATE Of CAl.JFDRN/A BY; OEPUryFlCCORDER I I I ! i , I I I ! i I~~ I I RESOLUTION NO. FD 05- 011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 05-12) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection Districf'), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code of the State of California, and specifically Article 3.5 thereof (the "Acf'). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or properly owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot :2.'1 Resolution No. FD 05- Page -2- arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public facilities and services described in Section 4 below are generally described as follows: All that properly and territory proposed to be annexed to the District, as said properly is shown on a map as previously approved by this. legislative body, said map entitled "Boundary Map of Community Facilities District No. 85-1 Annexation No. 05-12 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for such services required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real properly in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. .4b Resolution No. FD 05- Page -3- The special taxes shall be collected in the same manner as ad valorem properly taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuantto and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Revised Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 30th day of November 2005, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Boundary Map of Community Facilities District No. 85-1 Annexation No. 05-12, Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") .81 Resolution No. FD 05- Page -4- pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Ordinance No. FD 42 to finance authorized services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. ..82.. Resolution No. FD 05- Page -5- PASSED, APPROVED, AND ADOPTED this _ day of 2005. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, President ATTEST: Debra J. Adams, Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the _ day of 2005. Executed this _ day of 2005 at Rancho Cucamonga, Califomia. Debra J. Adams, Secretary .&-3 Resolution No. FD 05- Page -6- EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85.1 ANNEXATION NO. 05-12 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 05-12 for Fiscal Year 2005-2006 shall be: Stru ctu res Maximum Annual Soecial Tax Multi-Family 2 DU: 3 DU: 4 DU: 5-14 DU: 15-30 DU: 31-80 DU: 81-up DU: 1.75 2.25 2.65 2.65 6.15 10.65 23.15 = ($131.86) = ($131.86) = ($131.86) = ($131.86) = ($131.86) + {.35 (TU-4) = ($131.86) + {.30 (TU-14) = ($131.86) + {.25 (TU-30) = ($131.86) + {.20 (TU-80) ($131.86)) ($131.86)) ($131.86)) ($131.86)) Residential 1 DU Industrial ($131.86) per acre + $.072 per SF ($131.86) per acre + $.088 per SF Commercial Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1,2005 and each July 151 thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Govemment Code, as amended, whichever is lesser. ..j~ - Resolution No. FD 05- Page -7- REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services - Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. $5 - , REGULAF( MEETING 1\'>;.."'" NOVEMBER 16, 2005 CITY COUNCIL CITY COUNCIL DECLARATION OF POSTING OF AGENDA Kathryn L. Scott states and declares as follows: I presently am, and at all times mentioned herein have been, the Deputy City Clerk of the City of Rancho Cucamonga. Acting in that capacity, on November 9,2005, at 6:00 p.m., I posted a true and correct copy of the meeting agenda dated November 16, 2005, at 10500 Civic Center Drive, Rancho Cucamonga. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 9, 2005, at Rancho Cucamonga. DEBRA J. ADAMS, CMC, CITY CLERK City of Rancho Cucamonga Byeirf"t:;T~ Deputy City Clerk City of Rancho Cucamonga It RANcHo CUCAMON CITY COUNCIL AGENDA NOVEMBER 16,2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE [ A. CALL TO ORDER 1. Roll Call: Alexander _, Gutierrez_, Michael _' Spagnolo _' and Williams II B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of Certificates to the Ruth Musser Middie School Cross Country Team for achieving honors In the Mount San Antonio College Track Meel. 2. Presentation by Cucamonga Valley Water District Director Robert Neufeld asking for support of "No Time to Waste: A Blueprint for California Water." II 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. II 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 Warrants, Register Nos. 10/26/05 through 11/8/05 and Payroll ending 11/8/05 for the total amount of $3,884,826.77. 2. Approve to receive and file current Investment Schedule as of October 31,2005. 3. Approval of an Armed Services Banner Sponsorship Program. 4. Approval of a budget appropriation for a business reimbursable account for the Third Party Electrical Certification Program in an amount not to exceed $35,000 to Accl. No. 1-001-000-4507 (Revenue) and Accl. No. 1-001-302-5303 (Expenditure). 1 ] i ] II 1 25 31 37 CITY COUNCIL AGENDA NOVEMBER 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 2 RANCHO CUCAMON 5. Approval of Parks, Recreation Facilities and Community Services Update. 38 6. Approval to accept Mobile Data Terminals previously declared surplus equipment as approved on October 19, 2005. 50 7. Approval of a request from Aita Loma High School for the waiver of Lions Center West Room rental fees for five mentorship program meetings for freshman female students (November 2005 - May 2006) in order to continue to strengthen the City/School District Partnership. 52 8. Approval of a request from the American Cancer Society for the waiver of Central Park room rental fees for a monthly community/planning meeting (December 7, 2005 through May 2006) for the Relay for Life Event. 55 9. Approval of a recommendation by the Park and Recreation Commission for street banner applications and schedule for calendar year 2006. 10. Approval of Historic Landmark Designation DRC2005-00377 - Richard and Sharon Lea - A request for Historic Landmark Designation at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19. 57 60 RESOLUTION NO. 05-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION DRC2005-00377 DESIGNATING THE ALDERFER HOUSE, LOCATED AT 8308 BAKER STREET AS A HISTORIC LANDMARK; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-583-19 81 11. Approval of Mills Act Agreement (CO 05-111) DRC2005-00376 - Richard and Sharon Lea - A request for Mills Act Agreement at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue -APN: 0207-583-19. 60 12. Approval of a public convenience and necessity - DRC2005-00896 - Allura Farm Dairy (VANNAC DY) - A request to determine a Public Convenience and Necessity for a Type 20 off-sale beer and wine license for a convenience store in the General Commercial District, located on the east side of Grove Avenue. and south of 9th Street - APN: 0207-252-89. 83 - CITY COUNCIL AGENDA NOVEMBER 16,2005 - 7:00 P.M. 3 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONno RESOLUTION NO. 05-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 8809 GROVE AVENUE - APN: 0207-252-89 88 13. Approval of a Consumer Price Index (CPI) adjustment and landfill fee increases by franchised haulers, Burrtec Waste Industries, Inc. and . Waste Management of the Iniand Empire, as per their contract agreement, to be effective with the November 2005 billing. 90 RESOLUTION NO. 05-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RATES FOR RESIDENTIAL AND COMMERCIAL/INDUSTRIAL REFUSE COLLECTING WITHIN THE CITY OF RANCHO CUCAMONGA 14. Approval of a Reimbursement Agreement (CO 05-112) SRA-38 for Improvements to Banyan Street west of Bluegrass Avenue, in conjunction with the development of the Rancho Etiwanda Project (Elementary School Frontage Improvements), located on the south side of Banyan Street between Bluegrass Avenue and the west boundary of Tract 13812, submitted by Rancho Etiwanda 685, LLC, and approval to appropriate $200,000.00 from Transportation Fund balance to Accl. No. 1124303-5650/1026124-0. 93 96 RESOLUTION NO. 05-312 A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR IMPROVEMENTS TO BANYAN STREET, BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13812, SRA-38 15. Approval of a Reimbursement Agreement (CO 05-113) SRA-40, for Median Landscaping on Wilson Avenue, west of Bluegrass Avenue, in conjunction with the development of Rancho Etiwanda Infrastructure Phase II, located on the north side of Wilson Avenue between Bluegrass Avenue and the west boundary of Tract 13527, submitted by Rancho Etiwanda 685, LLC, to be funded from Construction Permit Accl. No. 1882-000-2315. 99 100 - <;ITY COUNCIL AGENDA NOVEMBER 16,2005 - 7:00 P.M. 4 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONflA RESOLUTION NO. 05-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR MEDIAN LANDSCAPING ON WILSON AVENUE, BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13527, SRA-40 103 16. Approval to accept the bids received and award and authorize the execution of a contract (CO 05-114) in the amount of $178,088.00 to the apparent low bidder, Lightning Fence Company, and authorize the expenditure of a 10% contingency in the amount of $17,808.80, for the Beryl Park Sports Fieid Screen, to be funded from Park Deveiopment Funds, Account No. 11203055650/1335120-0. 104 17. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 8777 Center Avenue located on the east side of Center Avenue south of 25th Street submitted by Michael R. Ross and LaBarge industries. 108 RESOLUTION NO. 05-314 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 8777 CENTER AVENUE (APN: 0209-122-04) 110 18. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 5474 Ranch Gate Road located on the northwest corner of Ranch Gate Road and Hillside Road, submitted by Peter B. Gunby and Sandra M. Gunby. 117 RESOLUTION NO. 05-315 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 5474 RANCH GATE ROAD (APN: 1061-041-06) 119 19. Approval of a Summary Vacation of Ingress and Egress Easement located south of the intersection of Stable Falls Avenue and Rodeo Drive (SUBVAC202) requested by BCA Development (APN: 0225- 161-31). Related file: SUBTT16812. 127 fi CITY COUNCIL AGENDA NOVEMBER 16, 2005 -7:00 P.M. 5 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONn' RESOLUTION NO. 05-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE REMNANT PORTION OF AN INGRESS AND EGRESS EASEMENT SOUTH OF THE INTERSECTION OF STABLE FALLS AVENUE AND RODEO DRIVE (V-202)- APN: 225-161-32 130 20. Approval to accept the Electrical Distribution System Cabling, Connections and Equipment Project, Contract No. 03-127, 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 $3,009,145.39. 134 RESOLUTION NO. 05-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ELECTRICAL DISTRIBUTION SYSTEM CABLING, CONNECTIONS AND EQUIPMENT PROJECT, CONTRACT NO. 03-127 AS COMPLETE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 136 21. Approval of plans and specifications for a Windscreen Installation at the Rancho Cucamonga Metrolink Station and authorize the advertising of the "Notice Inviting Bids" and authorize the appropriation of $15,000 from Capital Reserve Fund Balance into 1025 001-5602 (Capital Outlay Building & Improvement) 137 RESOLUTION NO. 05-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR A WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLlNK STATION AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 138 22. Approval of plans, specifications and estimates and authorize the advertising of the "Notice Inviting Bids" for the Highland Avenue Linear Park Wall Construction, to be funded from Account No. 1120 305-5650/133512-0. 142 e CITY COUNCIL AGENDA NOVEMBER 16, 2005 -7:00 P.M. 6 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _. UCAMONm c RESOLUTION NO. 05-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HIGHLAND AVENUE LINEAR PARK WALL CONSTRUCTION, IN SAID CITY AND AUTHORIZING AND DIRECTiNG THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 145 23. Approval to reiease Faithful Performance Bond No. 104028074 in the amount of $3,522,410.00, for the Hermosa Avenue Storm Drain and Street Improvements from 280' North of Base Line Road to Aita Loma . Channel, Contract No. 03-082. 150 24. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16371, located on the southwest corner of Victoria Park Lane and Base Line Road, submitted by US Homes Corporation. 152 RESOLUTION NO. 05-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16371 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 154 25. Approval to accept improvements relating to Faithful Performance Bond No. 6243458, release the Faithfui Performance Bond and accept a Maintenance Bond for Tract 16370 located on the northwest corner of Church Street and Arbor Lane, submitted by US Homes Corporation. 155 26. Approval to accept improvement, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16312, located on the northwest corner of Day Creek Boulevard and Church Street, submitted by Victoria Arbors, LLC. 157 RESOLUTION NO. 05-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16312 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 159 Ct CITY COUNCIL AGENDA NOVEMBER 16,2005 - 7:00 P.M. 7 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _, UCAMONm. c [ E. CONSENT ORDINANCES I 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. II F. ADVERTISED PUBLIC HEARINGS II 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 AN ORDINANCE THAT ADOPTS BY REFERENCE ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO AND AMENDS TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE (second reading) ORDINANCE NO. 750 (second reading) 162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO BY REFERENCE, AND AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00699 - THE RANCH GROUP - A request 191 for a iand use amendment from Industrial Park with a Master Plan, to Low Medium Residential (4-8 dwelling units per acre) on 18.6 acres, located at the southwest corner of Archibald Avenue and 6th Street - APN: 0210-062-08. Related Fiie: Development District Amendment DRC2004-00700. ~ CITY COUNCIL AGENDA NOVEMBER 16,2005 -7:00 P.M. 8 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _, UCAMONnJ. c RESOLUTION NO. 05-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00699, A REQUEST FOR A LAND USE AMENDMENT FROM INDUSTRIAL PARK TO LOW-MEDIUM RESIDENTIAL IN CONNECTION WITH A PROPOSAL FOR A MASTER PLAN FOR 79 SINGLE-FAMILY LOTS (4-8 DWELLING UNITS PER ACRE) ON 18.6 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08 239 3. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700 - THE RANCH GROUP - A request for a Deveiopment District Map Amendment from Industrial Park with a Master Plan, to Low Medium Residential (4-8 dwelling units per acre) with a Master Plan for 79 single family residential lots on 18.6 . acres, located at the southwest corner of Archibald and 6th Street - APN: 0210-062-08. Related File: General Plan Amendment DRC2004-00699. 191 ORDINANCE NO. 751 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP FROM INDUSTRIAL PARK (SUBAREA 16) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 18.6 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08 248 4. 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 (CONTINUED FROM NOVEMBER 2, 2005) 256 .- ct CITY COUNCIL AGENDA NOVEMBER 16, 2005 - 7:00 P.M. 9 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMON'" II G. PUBLIC HEARINGS II The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. APPROVAL OF RESOLUTIONS OF NECESSITY FOR THE 257 ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS IN APN'S: 0209-143-02, 0209-251-05. 0209-242-08. 0209-251-11. 0209-251-14. 0209-131-02. 0209-131-01. 0209-242-07 AND 0209-242-06 IN CONNECTION WITH THE CONSTRUCTION OF THE HAVEN GRADE SEPARATION PROJECT. RESOLUTION NO. 05-323 266 A RESOLUTION OF NECESSITY OF THE CITY COUNCiL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-143-02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-324 274 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-251-05 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-325 281 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242-08 0209-251-11 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT Ct CITY COUNCIL AGENDA NOVEMBER 16,2005 -7:00 P.M. 10 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONm RESOLUTION NO. 05-326 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-251-14 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-327 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131-02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-328 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131-01 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-329 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242-07 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT 288 295 307 317 - CITY COUNCIL AGENDA NOVEMBER 16,2005 -7:00 P.M. 11 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE ~CUCAMON(U RESOLUTION NO. 05-330 323 A RESOLUTiON OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242-06 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT [ H. CITY MANAGER'S STAFF REPORTS I The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No items submitted. II I. COUNCIL BUSINESS ~ The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 2. DISCUSSION OF THE REESTABLISHMENT OF THE CITY COUNCIL'S ANIMAL SHELTER AD HOC SUBCOMMITTEE - (CONTINUED FROM 11/2/05) (Oral) 3. REPORT ON THE GRAFFITI PROGRAM (Oral) 4. REPORT ON THE AIM ALL STORAGE PROJECT (Oral) II J. ADJOURNMENT II 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 November 9, 2005, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Check No. AP - 00229258 AP - 00229258 AP - 00229259 AP - 00229260 AP - 00229261 AP - 00229262 AP - 00229264 AP - 00229266 AP - 00229266 AP - 00229269 AP - 00229270 AP - 00229271 AP - 00229272 AP - 00229273 AP - 00229273 AP - 00229275 AP - 00229276 AP - 00229278 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229280 AP - 00229281 AP - 00229283 AP - 00229283 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 ABC LOCKSMITHS 10/26/2005 ABC LOCKSMITHS 10/26/2005 ABLAC 10/26/2005 ABLETRONICS 10/26/2005 ACTION IMAGES 10/26/2005 ADAMSON, RONALD 10/26/2005 AFLAC 10/26/2005 AJILON FINANCE 10/26/2005 AJILON FINANCE 10/26/2005 ALPERT PRINTING 10/26/2005 ALVARADO, ANDREA 10/26/2005 AMAZON. COM CREDIT 10/26/2005 AMAZON. COM CREDIT 10/26/2005 AMERICAN CLASSIC SANITATION INC. 10/26/2005 AMERICAN CLASSIC SANITATION INC. 10/26/2005 AMERICAN SOCIETY FOR PUBLIC ADMINISTRl 10/26/2005 AMTECH ELEVATOR SERVICES 10/26/2005 ARCHITERRA DESIGN GROUP 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 ARROWHEAD CREDIT UNION 10/26/2005 AUDIO EDITIONS 10/26/2005 BAND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 121.22 165.52 16.39 36.19 4,350.00 1,089.00 14.86 897.84 928.80 217.12 1,000.00 384.00 280.54 219.22 219.22 100.00 191.99 168.00 58.31 250.00 588.23 436.31 186.31 21.54 11.l3 25.00 115.00 330.00 440.00 80.00 210.00 40.00 41.46 370.00 104.43 146.13 45.85 29.08 113.17 87.39 80.45 82.12 125.00 1.070.20 80.45 246.90 249.00 351.60 23.90 234.37 8.58 31.03 34.92 User: KFINCHER - Karen Finche, Page: I Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Po,t,ait Layout Current Date: 11/08/20C Time116:05:C Check No. AP - 00229283 AP - 00229283 AP - 00229283 AP - 00229283 AP - 00229283 AP - 00229283 AP - 00229283 AP - 00229284 AP - 00229284 AP - 00229284 AP - 00229286 AP - 00229287 AP - 00229287 AP - 00229287 AP - 00229287 AP - 00229287 AP - 00229287 AP - 00229289 AP - 00229290 AP - 00229291 AP - 00229292 AP - 00229293 AP - 00229294 AP - 00229295 AP - 00229296 AP - 00229296 AP - 00229296 AP - 00229296 AP._ 00229296 AP - 00229296 AP - 00229296 AP - 00229296 AP - 00229296 AP - 00229297 AP - 00229298 AP - 00229299 AP . 00229300 AP - 00229300 AP - 00229302 AP - 00229302 AP - 00229303 AP - 00229305 AP - 00229305 AP - 00229305 AP - 00229305 AP - 00229305 AP - 00229305 AP - 00229305 AP - 00229306 AP - 00229307 AP - 00229310 AP - 00229313 AP - 00229314 CITY OF RANCHO CUCAMONGA Ae:enda Check Ree:ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 B AND K ELECTRIC WHOLESALE 10/26/2005 BARNES AND NOBLE 10/26/2005 BARNES AND NOBLE 10/26/2005 BARNES AND NOBLE 10/26/2005 BENNANI, HIND 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BERGELECTRIC CORPORATION 10/26/2005 BLIND, RUSSEL 10/26/2005 CAL PERS LONG TERM CARE 10/26/2005 CALIFORNIA ELECTRONIC ENTRY 10/26/2005 CALIFORNIA LIBRARY ASSOCIATION 10/26/2005 CALIFORNIA PATIO PRODUCTS 10/26/2005 CALIFORNIA PRESENTERS 10/26/2005 CALIFORNIA PUBLIC EMPLOYEES 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALIFORNIA, STATE OF 10/26/2005 CALSENSE 10/26/2005 CAVAZOS, LUCY 10/26/2005 CHEMSEARCH 10/26/2005 CHEMSEARCH 10/26/2005 CLAAR, KAREN 10/26/2005 CLAAR, KAREN 10/26/2005 CLABBY, SANDRA 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 CLOUT c/o TIM JOHNSON CLOUT CHAIR 10/26/2005 COLOR FLOORS 10/26/2005 COOPER, CHERYL 10/26/2005 D AND R CUSTOM UPHOLSTERY 10/26/2005 DANIELS, KATHY 10/26/2005 DAPPER TIRE CO 131.57 5,182.34 510.30 22.50 45.00 -44.90 104.11 427.11 172.69 159.14 145.00 87,402.38 126,440.71 -8,740.24 -12,644.07 -1,273.40 12,734.00 15.00 231.92 355.42 165.00 729.79 150.00 71,042.49 28.75 53.25 30.75 169.75 87.00 149.46 38.89 63.50 27.56 3,949.66 3,313.35 44.00 405.52 286.46 330.00 330.00 1,000.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 374.08 432.00 30.00 250.00 871.28 User: KFINCHER - Ka,en Fincher Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Portrait Layout Current Date: 11108/20C Time~ 16:05:C Check No. AP - 00229314 AP - 00229315 AP - 00229315 AP - 00229316 AP - 00229316 AP - 00229316 AP - 00229317 AP - 00229318 AP - 00229319 AP - 00229320 AP - 00229320 AP - 00229320 AP - 00229322 AP - 00229323 AP - 00229324 AP - 00229324 AP - 00229324 AP - 00229324 AP - 00229324 AP - 00229324 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229325 AP - 00229329 AP - 00229330 AP - 00229331 AP - 00229332 AP - 00229332 AP - 00229332 AP - 00229333 AP - 00229335 AP - 00229336 AP - 00229337 AP - 00229337 AP - 00229338 AP - 00229338 AP - 00229339 AP - 00229340 AP - 00229340 AP - 00229341 AP - 00229342 AP - 00229343 AP - 00229343 AP - 00229343 AP - 00229344 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 DAPPER TIRE CO 10/26/2005 DEPARTMENT OF PESTICIDE REGULATION 10/26/2005 DEPARTMENT OF PESTICIDE REGULATION 10/26/2005 DUNN EDWARDS CORPORATION 10/26/2005 DUNN EDW ARDS CORPORATION 10/26/2005 DUNN EDW ARDS CORPORATION 10/26/2005 DYNASTY SCREEN PRINTING 10/26/2005 EASTERLING, RAY 10/26/2005 EL CHICANO 10/26/2005 EMPIRE MOBILE HOME SERVICE 10/26/2005 EMPIRE MOBILE HOME SERVICE 10/26/2005 EMPIRE MOBILE HOME SERVICE 10/26/2005 ERNEST PAPER PRODUCTS 10/26/2005 EXCLUSIVE EMAGES 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 FEDERAL EXPRESS CORP 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FINESSE PERSONNEL ASSOCIATES 10/26/2005 FOOTHILL LA WNMOWER 10/26/2005 FORD OF UPLAND INC 10/26/2005 FRONT BRIDGE TECHNOLOGIES 10/26/2005 GARCIA, VIVIAN 10/26/2005 GARCIA, VIVIAN 10/26/2005 GARCIA, VIVIAN 10/26/2005 GARNER, CATHLEEN 10/26/2005 GEOGRAPHICS 10/26/2005 GONZALES, CARLOS 10/26/2005 GRAINGER 10/26/2005 GRAINGER 10/26/2005 GREEN ROCK POWER EQUIPMENT 10/26/2005 GREEN ROCK POWER EQUIPMENT 10/26/2005 GRESSCO LTD 10/26/2005 H & H GENERAL CONTRACTORS 10/26/2005 H & H GENERAL CONTRACTORS 10/26/2005 HANSON, BARRYE 10/26/2005 HARALAMBOS BEVERAGE COMPANY 10/26/2005 HOSE MAN INC 10/26/2005 HOSE MAN INC 10/26/2005 HOSE MAN INC 10/26/2005 HUNT, JENNIFER 156.90 120.00 120.00 477.34 45.11 96.10 94.82 250.00 71.50 740.00 722.50 800.00 790.35 347.49 20.78 20.08 15.99 22.81 12.55 17.41 561.00 868.00 840.00 840.00 868.00 651.00 840.00 2,692.44 1,350.00 2,750.58 960.00 8.57 573.09 850.00 34.92 32.98 33.47 56.26 155.16 72.00 246.68 230.32 333.97 543.06 1.442.26 395,224.72 -39,522.47 2,880.00 468.26 38.73 47.45 15.85 11.28 User: KFINCHER - Karen Finche, Page: 3 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 1l/08/20C Time:.3 16:05:C Check No. AP - 00229345 AP - 00229345 AP - 00229345 AP - 00229346 AP - 00229347 AP - 00229349 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229350 AP - 00229351 AP - 00229351 AP - 00229352 AP - 00229352 AP - 00229352 AP - 00229352 AP - 00229354 AP - 00229355 AP - 00229356 AP - 00229357 AP - 00229357 AP - 00229357 AP - 00229358 AP - 00229359 AP - 00229359 AP - 00229360 AP - 00229361 AP - 00229362 AP - 00229363 AP - 00229363 AP - 00229363 AP - 00229364 AP - 00229365 AP - 00229366 AP - 00229367 AP - 00229368 AP - 00229369 AP - 00229370 AP - 00229370 AP - 00229370 AP - 00229372 AP - 00229373 AP - 00229375 AP - 00229375 AP - 00229375 AP - 00229376 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 IBM CORPORATION 10/26/2005 IBM CORPORATION 10/26/2005 IBM CORPORATION 10/26/2005 IBM CORPORATION 10/26/2005 INDUSTRIAL SUPPLY COMPANY 10/26/2005 INLAND EMPIRE TOURS AND TRANSPORT ATlC 10/26/2005 INLAND VALLEY DAILY BULLETIN 10/26/2005 INLAND V ALLEY DAILY BULLETIN 10/26/2005 INLAND VALLEY DAILY BULLETIN 10/26/2005 INLAND VALLEY DAILY BULLETIN 10/26/2005 INLAND VALLEY DAILY BULLETIN 10/26/2005 INLAND V ALLEY DAILY BULLETIN 10/26/2005 INLAND V ALLEY DAILY BULLETIN 10/26/2005 INLAND VALLEY DAILY BULLETIN 10/26/2005 INLAND V ALLEY DAILY BULLETIN 10/26/2005 INLAND VALLEY DAILY BULLETIN 10/26/2005 INLAND V ALLEY DAILY BULLETIN 10/26/2005 INSIGHT DIRECT 10/26/2005 INSIGHT DIRECT 10/26/2005 INTERACTIVE DATA CORPORATION 10/26/2005 INTERACTIVE DATA CORPORATION 10/26/2005 INTERACTIVE DATA CORPORATION 10/26/2005 INTERACTIVE DATA CORPORATION 10/26/2005 INTERNATIONAL RETAIL SERVICES GROUP LL 10/26/2005 IRON MOUNT AlN OSDP 10/26/2005 ISA 10/26/2005 J D C INC 10/26/2005 J D C INC 10/26/2005 J D C INC 10/26/2005 JANECEK, LINDA 10/26/2005 JONES AND MAYER LAW OFFICES OF 10/26/2005 JONES AND MA YER LAW OFFICES OF 10/26/2005 JONES, BOB 10/26/2005 KAISER FOUNDATION HEALTH PLAN INC 10/26/2005 KAPCO 10/26/2005 KELCO LAUNDRY SYSTEMS INC 10/26/2005 KELCO LAUNDRY SYSTEMS INC 10/26/2005 KELCO LAUNDRY SYSTEMS INC 10/26/2005 KEN'S HEATING AND AIR 10/26/2005 KLAUS AND SONS 10/26/2005 KONICA MINOLTA BUSINESS SOLUTIONS 10/26/2005 KRAKOWER & ASSOCIATES 10/26/2005 KUCH, DIANA 10/26/2005 LA WRY'S THE PRIME RIB 10/26/2005 LITTLE BEAR PRODUCTIONS 10/26/2005 LITTLE BEAR PRODUCTIONS 10/26/2005 LITTLE BEAR PRODUCTIONS 10/26/2005 LOPEZ, ROBERT 10/26/2005 LOS ANGELES COCA COLA BTL CO 10/26/2005 MANELA, ROSARIO 10/26/2005 MANELA, ROSARIO 10/26/2005 MANELA, ROSARIO 10/26/2005 MANSOURI MSCE PE, IRAJ 415.09 25,216.65 1,134.00 5,707.47 447.13 1,547.00 321.40 321.40 509.30 401.40 670.80 92.40 92.40 749.25 92.40 3,800.00 92.40 33,630.88 2,509.56 85.00 85.00 85.00 85.00 1,683.80 447.00 145.00 18,515.00 5.00 106,040.00 19.31 766.02 1,850.00 2,560.00 70,846.28 70.68 1.490.00 649.87 115.48 4,200.00 495.00 142.50 1,440.00 250.00 1,249.76 450.00 300.00 75.00 72.00 269.24 43.90 29.16 39.28 2,400.00 User: KFINCHER - Ka,en Fincher Page: 4 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Portrait Layout Current Date: 11/08/20C Time:t.f 16:05:C Check No. AP - 00229376 AP - 00229377 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229378 AP - 00229379 AP - 00229380 AP - 00229381 AP - 00229381 AP - 00229381 AP - 00229381 AP - 00229382 AP - 00229383 AP - 00229383 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229384 AP - 00229385 AP - 00229386 AP - 00229387 AP - 00229387 AP - 00229388 AP - 00229389 AP - 00229390 AP - 00229391 AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229392 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 MANSOURI MSCE PE, IRAJ 10/26/2005 MARIN, MALINDA 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MARSHALL PLUMBING 10/26/2005 MASTERCARE PROTECTION AND CLEANING I~ 10/26/2005 MAXIMUS INC 10/26/2005 MCGALLIARD & SONS INC, J B 10/26/2005 MCGALLIARD & SONS INC, J B 10/26/2005 MCGALLIARD & SONS INC, J B 10/26/2005 MCGALLIARD & SONS INC, J B 10/26/2005 MCGINNIS'S REMODELING 10/26/2005 MCLS 10/26/2005 MCLS 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MIDWEST TAPE 10/26/2005 MOBILE STORAGE GROUP INC 10/26/2005 MORGAN. GRACE 10/26/2005 MOUNTAIN VIEW GLASS AND MIRROR 10/26/2005 MOUNTAIN VIEW GLASS AND MIRROR 10/26/2005 MURRAY & ASSOCIATES. BOB 10/26/2005 NAPA AUTO PARTS 10/26/2005 NATIONAL CONSTRUCTION RENTALS 10/26/2005 NATIONAL DEFERRED 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 2,400.00 59.00 115.00 -28.75 123.00 -30.75 679.00 -169.75 213.00 -53.25 348.00 -87.00 110.25 -27.56 597.85 -149.46 254.00 -63.50 155.55 -38.89 43.56 16,000.00 1,085.66 896.24 -108.57 -89.62 1,044.50 60.00 120.00 137.94 9.99 155.92 72.97 194.91 42.99 227.91 16.99 339.84 31.98 277.88 594.50 68.00 5,956.64 245.93 8,160.93 5UI 640.04 17,968.92 100.00 592.50 45.63 560.00 485.00 User: KFINCHER - Ka,en Fincher Page: 5 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Po't,ait Layout Current Date: 11/08/20C Time516:05:C Check No. AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229392 AP - 00229393 AP - 00229393 AP - 00229393 AP - 00229393 AP - 00229395 AP - 00229396 AP - 00229396 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229398 CITY OF RANCHO CUCAMONGA . Ae:enda Check Ree:ister 10/26/2005 through 1lI8/2005 Check Date Vendor Name Amount 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 10/26/2005 NEWPORT PRINTING SYSTEMS 10/26/2005 NEWPORT PRINTING SYSTEMS 10/26/2005 NEWPORT PRINTING SYSTEMS 10/26/2005 NEWPORT PRINTING SYSTEMS 10/26/2005 NIKPOUR, MOHAMMED 10/26/2005 OCLC INC 10/26/2005 OCLC INC 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 160.00 160.00 185.00 6,667.00 12,576.30 310.00 16,194.19 78.80 78.80 92.78 46.39 96.00 42.92 42.89 34.87 197.43 11.78 73.83 35.88 136.54 9.96 61.26 216.58 226.64 124.26 119.46 24.65 95.70 106.81 10.28 147.92 22.01 35.78 86.03 -10.67 5.24 4.34 174.93 75.80 94.88 81.22 90.85 406.38 115.98 11.63 24.73 4.78 104.88 -26.12 17.02 77.73 281.49 2.54 User: KFINCHER - Ka,en Fincher Page: 6 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Portrait Layout Current Date: 11108/20C Time:, 16:05:C Check No. AP - 00229398 AP - 00229398 AP - 00229398 AP - 00229400 AP - 00229401 AP - 0022940 I AP - 00229402 AP - 00229402 AP - 00229403 AP - 00229403 AP - 00229403 AP - 00229404 AP - 00229405 AP - 00229405 AP - 00229405 AP - 00229406 AP - 00229407 AP - 00229408 AP - 00229410 AP - 00229411 AP - 00229411 AP - 00229411 AP - 00229411 AP - 00229411 AP - 00229411 AP - 00229411 AP - 00229412 AP - 00229413 AP - 00229414 AP - 00229415 AP - 00229416 AP - 00229417 AP - 00229418 AP - 00229419 AP - 00229419 AP - 00229419 AP - 00229419 AP - 00229419 AP - 00229419 AP - 00229419 AP - 00229419 AP - 00229420 AP - 00229421 AP - 00229423 AP - 00229424 AP - 00229425 AP - 00229427 AP - 00229429 AP - 00229430 AP - 00229431 AP - 00229432 AP - 00229435 AP - 00229436 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 OFFICE DEPOT 10/26/2005 ONTARIO WINNELSON CO 10/26/2005 ORKIN PEST CONTROL 10/26/2005 ORKIN PEST CONTROL 10/26/2005 ORONA, PATRICIA 10/26/2005 ORONA, PATRICIA 10/26/2005 OTT, LAURA 10/26/2005 OTT, LAURA 10/26/2005 OTT, LAURA 10/26/2005 OTT, SHARON 10/26/2005 OWEN ELECTRIC 10/26/2005 OWEN ELECTRIC 10/26/2005 OWEN ELECTRIC 10/26/2005 PACIFIC PRODUCTS AND SERVICES 10/26/2005 PACIFlCARE OF CALIFORNIA 10/26/2005 PAGEANTRY PRODUCTIONS 10/26/2005 PARS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEACOCK SYSTEMS 10/26/2005 PEP BOYS 10/26/2005 PEREZ, MOlSES 10/26/2005 PERVO PAINT CO 10/26/2005 POSITIVE PROMOTIONS INC 10/26/2005 PRE-PAID LEGAL SERVICES INC 10/26/2005 PRECINCT REPORTER 10/26/2005 PRINCIPAL LIFE 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PRIZIO CONSTRUCTION INC 10/26/2005 PROJECT SISTER 10/26/2005 PROMOTIONS TEES & MORE 10/26/2005 RAMIREZ, ALEX 10/26/2005 RAMIREZ, JOHN 10/26/2005 RANDALL, CORRIE 10/26/2005 RBM LOCK AND KEY SERVICE 10/26/2005 RCPF A 10/26/2005 RECORDED BOOKS LLC 10/26/2005 REINHARDT, RITA 10/26/2005 REPUBLIC ELECTRIC 10/26/2005 RODRIGUEZ INC, R Y 10/26/2005 RODRIGUEZ, REYNALDO 254.55 28.28 53.64 222.40 970.05 970.05 1,000.00 1,000.00 207.00 156.00 432.00 144.00 1,367.90 225.00 150.00 2,366.28 66,514.41 7,434.76 3,500.00 85.00 170.00 317.86 85.00 14.00 170.00 83.51 40.33 196.00 384.45 139.67 18.21 59.50 1,818.15 10,616.78 -476.46 -15.50 -2,926.89 29,268.92 4,764.62 155.00 -1.061.68 81.00 729.14 100.00 500.00 66.11 277.73 6.861.11 7.49 120.00 1,866.00 240.00 275.00 User: KFINCHER - Ka,en Finche, Page: 7 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Po,t,ait Layout Current Date: 1l/08/20C Time:716:05:C Check No. AP - 00229437 AP - 00229437 AP - 00229438 AP - 00229440 AP - 00229441 AP - 00229442 AP - 00229443 AP - 00229444 AP - 00229445 AP - 00229445 AP - 00229446 AP - 00229446 AP - 00229447 AP - 00229447 AP - 00229448 AP - 00229448 AP - 00229448 AP - 00229448 AP - 00229448 AP - 00229448 AP - 00229448 AP - 00229449 AP - 00229450 AP - 00229452 AP - 00229452 AP - 00229452 AP - 00229453 AP - 00229453 AP - 00229454 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/26/2005 through 11/8/2005 Check Date Vendor Name Amount 10/26/2005 S B AND 0 INC 10/26/2005 S B AND 0 INC 10/26/2005 SAN BERNARDINO CO FIRE DEPT 10/26/2005 SAN BERNARDINO COUNTY 10/26/2005 SAN BERNARDINO CTY LAND USE SERVICES [ 10/26/2005 SANBAG/SAN BERNARDINO ASSOCIATED GOV 10/26/2005 SANTOS, MANNY 10/26/2005 SAPIEN, RAMON 10/26/2005 SAXE-CLIFFORD, SUSAN 10/26/2005 SAXE-CLIFFORD, SUSAN 10/26/2005 SBC 10/26/2005 SBC 10/26/2005 SCHOLASTIC LIBRARY PUBLISHING 10/26/2005 SCHOLASTIC LIBRARY PUBLISHING 10/26/2005 SENECHAL, CALVIN 10/26/2005 SENECHAL, CALVIN 10/26/2005 SENECHAL, CALVIN 10/26/2005 SENECHAL, CALVIN 10/26/2005 SENECHAL, CALVIN 10/26/2005 SENECHAL, CALVIN 10/26/2005 SENECHAL, CALVIN 10/26/2005 SIMPLOT PARTNERS 10/26/2005 SIXTH AND PITTSBURG LLC 10/26/2005 SO CALIF GAS COMPANY 10/26/2005 SO CALIF GAS COMPANY 10/26/2005 SO CALIF GAS COMPANY 10/26/2005 SO CALIF MUNICIPAL ATHLETIC FED INC 10/26/2005 SO CALIF MUNICIPAL ATHLETIC FED INC 10/26/2005 SONSATIONAL ACTIVITIES 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 1,833.00 7,500.00 31,171.50 365.32 304.00 719,041.49 180.00 10.00 350.00 350.00 55.58 55.58 122.96 302.56 378.00 157.50 119.00 119.00 199.50 420.00 252.00 1,593.46 553.13 115.77 1,101.06 37.93 45.00 255.00 1,500.00 87.32 14.27 14.38 23.13 19.64 3.72 4.54 2.91 55.84 15.47 2.91 105.50 3.91 14.38 2.88 2.70 14.27 14.10 14.10 14.27 28.25 18.75 52.26 2.92 User: KFINCHER - Karen Finche, Page: 8 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Port,ait Layout Current Date: 11/08/20C Time"g 16:05:C Check No. AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 . AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON Amount 14.10 14.10 72.32 79.44 114.69 112.83 68.89 17 .44 2.20 14.10 14.10 45.54 30.72 14.10 14.10 14.10 14.10 14.10 42.68 28.40 14.10 82.31 14.10 14.27 55.98 3,867.66 49.56 14.10 17.84 14.82 70.91 37.99 14.10 54.78 68.54 14.10 25.02 25.02 22.80 190.69 15.80 14.10 14.10 14.10 14.10 14.10 15.51 20.52 14.27 13.48 30.29 2.98 14.10 User: KFINCHER - Karen Fincher Page: 9 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current DateA 1I08/20C Time:! 16:05:C Check No. AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 14.10 15.51 79.91 14.10 2.91 15.70 35.06 14.10 188.67 14.10 14.10 88.38 14.65 2.98 74.16 15.00 15.51 80.83 9.87 132.43 19.22 14.82 2.87 20.82 14.10 14.10 14.82 15.11 262.68 4.09 17.62 14.10 15.04 14.10 3,654.81 14.57 2.98 50.41 94.11 14.82 39.95 39.72 14.51 15.70 15.51 33.99 14.10 14.82 83.13 91.51 14.27 77.63 86.82 User: KFINCHER - Karen Fincher Page: 10 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11/08/20C Time; () 16:05:C Check No. AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229459 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229460 AP - 00229461 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 10/26/2005 SOUTHERN CALIFORNIA EDISON 109.68 97.58 74.82 86.56 23.11 4.32 14.10 14.82 17.92 19.05 15.11 25.60 87.09 14.27 73.72 49.53 81.24 15.30 15.68 15.68 123.69 50.54 14.10 69.55 86.66 14.10 15.68 15.68 79.59 14.27 14.51 14.10 15.53 14.27 3.20 4,730.07 14.10 19,429.89 35.19 38.84 38.79 37.14 2,585.81 6,470.50 37,980.92 4,212.90 2,868.67 2,727.75 181.47 44.24 12,120.96 14,992.80 1,434.33 User: KFINCHER - Karen Fincher Page: 11 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Tim1/16:05:C Check No. AP - 00229462 AP - 00229463 AP - 00229463 AP - 00229464 AP - 00229464 AP - 00229464 AP - 00229466 AP - 00229467 AP - 00229467 AP - 00229467 AP - 00229467 AP - 00229467 AP - 00229468 AP - 00229469 AP - 00229469 AP - 00229469 AP - 00229469 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229470 AP - 00229471 AP - 00229472 AP - 00229473 AP - 00229475 AP - 00229475 AP - 00229476 AP - 00229476 AP - 00229477 AP - 00229478 AP - 00229479 AP - 00229480 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229481 AP - 00229482 AP - 00229483 AP - 00229484 AP - 00229485 AP - 00229485 AP - 00229486 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name 10/26/2005 STERLING COFFEE SERVICE 10/26/2005 SUNGARD BI TECH INC 10/26/2005 SUNGARD BI TECH INC 10/26/2005 SUNSHINE WINDOWS 10/26/2005 SUNSHINE WINDOWS 10/26/2005 SUNSHINE WINDOWS 10/26/2005 TERRELL, L YNNETTE 10/26/2005 THOMSON GALE 10/26/2005 THOMSON GALE 10/26/2005 THOMSON GALE 10/26/2005 THOMSON GALE 10/26/2005 THOMSON GALE 10/26/2005 TOBIN, RENEE 10/26/2005 TRAFFIC OPERATIONS INC 10/26/2005 TRAFFIC OPERATIONS INC 10/26/2005 TRAFFIC OPERATIONS INC 10/26/2005 TRAFFIC OPERATIONS INC 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TRUGREEN LANDCARE 10/26/2005 TYPECARE 10/26/2005 UMPS ARE US ASSOCIATION 10/26/2005 UNDERGROUND TECHNOLOGY INC 10/26/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/26/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/26/2005 UNIQUE MANAGEMENT SERVICES INC 10/26/2005 UNIQUE MANAGEMENT SERVICES INC 10/26/2005 UNITED CALIFORNIA FACTORS 10/26/2005 UNITED WAY 10/26/2005 UPS 10/26/2005 V AlTAI GENERAL BUILDER 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VELOCIT A WIRELESS 10/26/2005 VILLAGE NURSERIES 10/26/2005 VISTA PAINT 10/26/2005 VOGEL, KAREN 10/26/2005 W ALPER, KELLY 10/26/2005 W ALPER, KELLY 10/26/2005 WALTERS, MARY Amount 864.21 6,529.65 18.66 5,775.00 2,000.00 2,500.00 125.00 25.82 147.66 122.66 26.64 54.08 8.08 12,069.09 1,398.82 3,435.86 7,858.08 24,243.48 70,075.76 459.19 19,872.14 52.83 16,705.15 15,515.47 780.14 1,261.83 3,028.66 110.00 2,760.00 663.90 2,849.12 33,475.77 640.53 455.79 57.11 41.00 56.34 37.44 939.98 822.49 235.00 381.87 205.62 176.25 29.37 29.37 117.50 1,946.69 1,130.69 100.00 10.00 112.41 22.00 User: KFINCHER - Karen Fincher Page: 12 Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Tim'l2 16:05:C Check No. AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229487 AP - 00229488 AP - 00229489 AP - 00229490 AP - 00229491 AP - 00229491 AP - 00229491 AP - 00229491 AP - 00229493 AP - 00229494 AP - 00229495 AP - 00229495 AP - 00229495 AP - 00229495 AP - 00229496 AP - 00229497 AP - 00229498 AP - 00229499 AP - 00229499 AP - 00229501 AP - 00229502 AP - 00229503 AP - 00229504 AP - 00229505 AP - 00229505 AP - 00229506 AP - 00229507 AP - 00229508 AP - 00229509 AP - 00229511 AP - 00229512 AP - 00229513 AP - 00229514 AP - 00229515 AP - 00229515 AP - 00229515 AP - 00229516 AP - 00229518 AP - 00229519 AP - 00229520 AP - 00229521 AP - 00229522 AP - 00229523 AP - 00229524 AP - 00229525 AP - 00229526 AP - 00229527 AP - 00229528 AP - 00229529 AP - 00229530 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 W AXlE SANITARY SUPPLY 10/26/2005 WAYMIRE, TODD 10/26/2005 WEIR, JEWELL 10/26/2005 WEST GROUP 10/26/2005 WEST PAYMENT CENTER 10/26/2005 WEST PAYMENT CENTER 10/26/2005 WEST PAYMENT CENTER 10/26/2005 WEST PAYMENT CENTER 10/26/2005 WHITTIER FERTILIZER 10/26/2005 WOW VISUAL CONCEPTS 10/26/2005 XEROX CORPORATION 10/26/2005 XEROX CORPORATION 10/26/2005 XEROX CORPORATION 10/26/2005 XEROX CORPORATION 10/26/2005 Y AZOURI, SA WSAN 10/26/2005 YEE, LARRY 10/26/2005 ZAVALA, MARIO 10/26/2005 ZEE MEDICAL INC 10/26/2005 ZEE MEDICAL INC 1112/2005 A AND K 30 MIN PHOTO LAB INC 1112/2005 ABC LOCKSMITHS 1112/2005 ABLAC 1112/2005 ABSOLUTE MAGIC REFINISHING 1112/2005 ACCELA 1112/2005 ACCELA 1112/2005 ACIERTO INNOVATION COMPANY 1112/2005 AFLAC 1112/2005 AG ELECTRIC CAR SPECIALISTS 11/2/2005 AKM CONSULTING ENGINEERING INC 11/2/2005 ALL CITY MANAGEMENT SERVICES INC. 1112/2005 ALPERT PRINTING 1112/2005 AMATO, PAT 11/2/2005 AMERICAN CLASSIC SANITATION INC. 1112/2005 ASSI SECURITY 1112/2005 ASSI SECURITY 1112/2005 ASSI SECURITY 1112/2005 AUFBAU CORPORATION 1112/2005 B & D CERTIFIED TRAFFIC CONTROL 1112/2005 B.D.O. STEAM CARPET 1112/2005 BALDEON, CARLOS 1112/2005 BARRERA, OTTO E. 1112/2005 BEl BETTER ENERGY IDEAS 11/2/2005 BEN CLARK TRAINING CENTER 1112/2005 BLACK VOICE NEWS, THE 1112/2005 BREMCO CONSTRUCTION INC. 1112/2005 BROOKS, AMORLINA 1112/2005 BRUCE, INGRID 1112/2005 BULLER, BRAD 11/2/2005 BURNES, RICK 1112/2005 BURNS, KIMBERLY 260.17 48.60 48.60 261.42 530.00 480.00 194.35 257.95 257.95 257.95 257.95 263.99 1,404.25 929.35 150.53 1,794.04 150.53 104.35 38.00 25.00 218.45 218.45 21.44 90.09 274.94 23.36 500.00 400.00 18.00 1,068.44 524.06 14,437.50 14,058.91 137.95 40.00 299.46 105.00 603.75 170.00 18,440.00 13.50 20.93 535.50 27.94 154.00 226.00 214.28 139.20 60.26 2.77 201.32 34.00 500.00 User: KFINCHER - Karen Fincher Page: 13 Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Time} 3 16:05:C Check No. AP - 00229531 AP - 00229531 AP - 00229532 AP - 00229533 AP - 00229534 AP - 00229535 AP - 00229536 AP - 00229538 AP - 00229539 AP - 00229540 AP - 00229541 AP - 00229542 AP - 00229542 AP - 00229542 AP - 00229542 AP - 00229543 AP - 00229543 AP - 00229543 AP - 00229543 AP - 00229543 AP - 00229543 AP - 00229543 AP - 00229544 AP - 00229545 AP - 00229545 AP - 00229545 AP - 00229545 AP - 00229545 AP - 00229545 AP - 00229546 AP - 00229547 AP - 00229549 AP - 00229550 AP - 00229551 AP - 00229552 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/2612005 through 1118/2005 Check Date Vendor Name Amount 11/2/2005 BURR CYCLES INC, JOHN 1112/2005 BURR CYCLES INC, JOHN 1112/2005 CALIFORNIA ELECTRONIC ENTRY 1112/2005 CALIFORNIA PARK & RECREATION SOCIETY 111212005 CALIFORNIA PEACE OFFICERS ASSOCIATION 11/2/2005 CALIFORNIA, ST ATE OF 1112/2005 CALIFORNIA, ST ATE OF 1112/2005 CAMERON WELDING SUPPLY 11/2/2005 CAMPBELL, EMILY 11/2/2005 CAPITAL HOLDINGS 11/2/2005 CARRASCO, STEFANI 1112/2005 CERTIFIED AUTOMOTIVE GROUP 1112/2005 CERTIFIED AUTOMOTIVE GROUP 11/2/2005 CERTIFIED AUTOMOTIVE GROUP 1112/2005 CERTIFIED AUTOMOTIVE GROUP 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY COLLEGE FOUNDATION 11/2/2005 CHAFFEY JOINT UNION HS DISTRICT 1112/2005 CIVIC SOLUTIONS INC 1112/2005 CIVIC SOLUTIONS INC 1112/2005 CIVIC SOLUTIONS INC 11/2/2005 CIVIC SOLUTIONS INC 11/2/2005 CIVIC SOLUTIONS INC 1112/2005 CI'yIC SOLUTIONS INC 1112/2005 CLARK, KAREN 1112/2005 COLTON TRUCK SUPPLY 1112/2005 COOK, MYLENE 1112/2005 CORDURA, PATRICIA 1112/2005 COURT TRUSTEE 1112/2005 COURT TRUSTEE 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 356.52 789.23 116.76 125.00 132.00 22.50 37.50 36.42 600.00 194.76 250.00 375.95 994.81 79.20 803.16 25.00 25.00 25.00 25.00 25.00 25.00 25.00 786.00 5.00 41.50 12,450.00 4,233.00 307.50 2,801.25 158.00 137.52 250.00 250.00 118.50 200.00 2,919.68 3,104.48 467.48 559.88 281.48 389.48 270.68 1,350.08 135.68 430.88 124.88 150.68 118.88 1,083.68 218.48 146.48 250.28 196.88 User: KFINCHER - Karen Fincher Page: 14 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Time/416:05:C Check No. AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/2612005 through 1118/2005 Check Date Vendor Name 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT. 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT Amount 117.68 7,087.75 1,235.11 456.08 2,347.28 2.247.68 81.88 1,147.28 1,648.88 1,509.68 202.88 441.08 1.029.68 906.08 1,032.08 81.08 53.78 180.68 85.28 144.68 156.28 172.88 66.08 142.88 54.08 196.28 52.88 3,991.39 245.48 26.18 114.68 187.28 139.28 472.88 125.83 137.48 118.28 63.88 8,871.98 157.28 188.48 415.28 435.68 3,649.81 795.68 565.28 982.88 174.98 72.08 540.08 307.28 423.68 361.28 User: KFINCHER - Karen Fincher Page: 15 Report:CK_AGENDA_REG]ORTRAIT _RC - CK: Agenda Check Register Portrait Layout Current Date: 11/08120C Timel S 16:05:C Check No. AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1l/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1l/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1l/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 1l/212005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTRICT 273.08 178.28 425.48 201.08 70.88 157.28 81.88 324.08 43.28 250.88 290.48 285.68 223.88 597.08 214.88 294.08 384.08 732.08 181.88 203.11 88.39 352.28 75.38 215.48 294.68 216.68 75.04 75.04 115.28 1,126.63 140.48 1,176.08 320.48 171.68 224.48 214.88 319.88 82.54 82.54 52.88 199.54 199.54 243.68 36.98 396.08 50.48 121.28 112.28 107.48 111.08 192.68 33.68 259.28 User: KFINCHER - Karen Fincher Page: 16 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Timr (, 16:05:C Check No. AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229557 AP - 00229558 AP - 00229559 AP - 00229560 AP - 00229560 AP - 00229560 AP - 00229561 AP - 00229562 AP - 00229563 AP - 00229564 AP - 00229567 AP - 00229568 AP - 00229569 AP - 00229570 AP - 00229571 AP - 00229571 AP - 00229571 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 111212005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTR[CT 1l/212005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTR[CT 1l/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT [112/2005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTR[CT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 11/2/2005 CUCAMONGA V ALLEY WATER DISTRICT 1l/212005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTR[CT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA VALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 11/212005 CUCAMONGA V ALLEY WATER DISTRICT 11/2/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA VALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA VALLEY WATER DISTRICT 111212005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUCAMONGA V ALLEY WATER DISTRICT 1112/2005 CUNA MUTUAL MORTGAGE CORPORATION 1112/2005 DANIELS HEATING AND AIR CONDITIONING 0 111212005 DAPPER TIRE CO 1112/2005 DAPPER TIRE CO 1112/2005 DAPPER TIRE CO 111212005 DAVIS, MERCY 111212005 DELLHIME, SIGMUND 11/2/2005 DENTAL HEALTH SERVICES 111212005 DEPARTMENT ISSUE INCORPORATED 1112/2005 DUMB ELL MAN FITNESS EQUIPMENT, THE 11/2/2005 DUNN EDWARDS CORPORATION 1112/2005 ESGIL CORPORATION 111212005 FAGAN, JOHN A 11/212005 FEDERAL EXPRESS CORP 111212005 FEDERAL EXPRESS CORP 111212005 FEDERAL EXPRESS CORP 51.68 1,022.48 35.78 24.98 526.28 219.08 345.68 171.68 298.88 750.68 706.88 571.28 1,105.28 127.28 388.88 894.08 260.48 237.68 775.28 132.08 870.08 237.68 925.88 649.28 1,437.68 1,134.08 1,012.88 1,140.08 794.48 352.88 539.48 77 6.48 895.28 515.83 461.48 231.08 271.88 256.34 63.80 871.28 871.28 871.28 34.00 478.47 130.50 743.47 90.00 176.90 48,476.94 252.00 17.67 22.81 19.20 User: KFINCHER - Karen Fincher Page: 17 Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Tim1 7 16:05:C Check No. AP - 00229571 AP - 00229571 AP - 00229571 AP - 00229572 AP - 00229572 AP - 00229572 AP - 00229572 AP - 00229572 AP - 00229572 AP - 00229573 AP - 00229574 AP - 00229575 AP - 00229575 AP - 00229575 AP - 00229575 AP - 00229577 AP - 00229578 AP - 00229578 AP - 00229578 AP - 00229579 AP - 00229580 AP - 00229581 AP - 00229582 AP - 00229583 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229584 AP - 00229586 AP - 00229586 AP - 00229586 AP - 00229586 AP - 00229586 AP - 00229586 AP - 00229586 AP - 00229587 AP - 00229589 AP - 00229589 AP - 00229590 AP - 00229592 AP - 00229593 AP - 00229593 AP - 00229593 AP - 00229594 AP - 00229594 AP - 00229594 AP - 00229595 AP - 00229596 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 11/812005 Check Date Vendor Name Amount 11/2/2005 FEDERAL EXPRESS CORP 111212005 FEDERAL EXPRESS CORP 111212005 FEDERAL EXPRESS CORP 111212005 FINESSE PERSONNEL ASSOCIATES 111212005 FINESSE PERSONNEL ASSOCIATES 1112/2005 FINESSE PERSONNEL ASSOCIATES 111212005 FINESSE PERSONNEL ASSOCIATES 111212005 FINESSE PERSONNEL ASSOCIATES 111212005 FINESSE PERSONNEL ASSOCIATES 1112/2005 FOOTHILL FAMILY SHELTER 11/2/2005 FOOTHILL LA WNMOWER 1112/2005 FORD OF UPLAND INC 111212005 FORD OF UPLAND INC 1112/2005 FORD OF UPLAND INC 1112/2005 FORD OF UPLAND INC 11/2/2005 GOTHIC LANDSCAPING INC. 11/2/2005 GREEN ROCK POWER EQUIPMENT 1112/2005 GREEN ROCK POWER EQUIPMENT 11/212005 GREEN ROCK POWER EQUIPMENT 1112/2005 GUIDOS, AMBER 11/2/2005 HAKIMI, SUSAN 1l/2/2005 HANCOCK FABRIC WAREHOUSE #1014661 111212005 HCS CUTLER STEEL CO 1112/2005 HERNANDEZ, VALERIE 111212005 HOLUDA Y ROCK CO INC 111212005 HOLUDA Y ROCK CO INC 1112/2005 HOLLIDAY ROCK CO INC 111212005 HOLUDA Y ROCK CO INC 1112/2005 HOLLIDAY ROCK CO INC 1112/2005 HOLLIDAY ROCK CO INC 111212005 HOLLIDAY ROCK CO INC 1112/2005 HOLLIDAY ROCK CO INC 1112/2005 HOLUDA Y ROCK CO INC 1112/2005 HOME DEPOT CREDIT SERVICES 1112/2005 HOME DEPOT CREDIT SERVICES 111212005 HOME DEPOT CREDIT SERVICES 11/212005 HOME DEPOT CREDIT SERVICES 1112/2005 HOME DEPOT CREDIT SERVICES 1112/2005 HOME DEPOT CREDIT SERVICES 1112/2005 HOME DEPOT CREDIT SERVICES 1112/2005 HONOUR HENRY 1112/2005 HOYT LUMBER CO., SM 1112/2005 HOYT LUMBER CO., SM 1112/2005 HUMANE SOClETY OF SAN BERNARDINO V ALl 1112/2005 HURST, CHERYL 11/2/2005 HYDROSCAPE PRODUCTS INC 111212005 HYDROSCAPE PRODUCTS INC 111212005 HYDROSCAPE PRODUCTS INC 111212005 IBM CORPORATION 1112/2005 IBM CORPORATION 111212005 IBM CORPORATION 11/212005 INDEPENDENT ELECTRONICS 111212005 INIGUEZ, ADRIAN 8.78 16.63 24.15 888.00 1,146.33 138.72 868.00 840.00 990.00 417.00 17.22 916.42 71.27 113.16 30.61 124.87 1,023.63 361.99 456.85 101.40 272.02 49.69 95.34 44.00 74.41 216.27 74.89 156.15 195.72 351.87 253.90 74.41 274.46 208.95 57.90 181.87 32.68 34.91 85.93 338.19 5,000.00 58.28 8.53 288.00 288.50 71.18 63.27 7.91 883.96 622.11 10,762.86 171.00 500.00 User: KFINCHER - Karen Fincher Page: 18 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108120C Tim"! s> 16:05:C Check No. AP - 00229597 AP - 00229597 AP - 00229598 AP - 00229598 AP - 00229599 AP - 00229600 AP - 00229602 AP - 00229603 AP - 00229604 AP - 00229604 AP - 00229605 AP - 00229606 AP - 00229607 AP - 00229608 AP - 00229609 AP - 00229609 AP - 00229611 AP - 00229613 AP - 00229613 AP - 00229613 AP - 00229615 AP - 00229616 AP - 00229618 AP - 00229619 AP - 00229620 AP - 00229621 AP - 00229622 AP - 00229623 AP - 00229623 AP - 00229624 AP - 00229625 AP - 00229626 AP - 00229627 AP - 00229627 AP - 00229629 AP - 00229630 AP - 00229631 AP - 00229632 AP - 00229633 AP - 00229634 AP - 00229635 AP - 00229636 AP - 00229637 AP - 00229638 AP - 00229638 AP - 00229639 AP - 00229641 AP - 00229641 AP - 00229641 AP - 00229641 AP - 00229643 AP - 00229643 AP - 00229643 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 1112/2005 INLAND EMPIRE UTILITIES AGENCY 11/212005 INLAND EMPIRE UTILITlES AGENCY 1112/2005 INLAND FAIR HOUSING AND MEDIATION 1112/2005 INLAND FAIR HOUSING AND MEDIATION 1112/2005 INLAND V ALLEY COUNCIL OF CHURCHES 111212005 INSUL - FLOW 1112/2005 JAVA TOWN 111212005 JENSEN, DR. MARVIN 111212005 JOBS AVAILABLE INC 1112/2005 JOBS AVAILABLE INC 11/2/2005 JOHNSON'S ACCUPUNCTURE & HERB, PATTY 111212005 JOHNSON, DENISE 111212005 JONES, BOB 11/2/2005 KA TO LANDSCAPE INC. 1112/2005 KEN'S HEATING AND AIR 111212005 KEN'S HEATING AND AIR 11/2/2005 KNOX, REYNA 11/2/2005 LIEBERT CASSIDY WHITMORE 11/2/2005 LIEBERT CASSIDY WHITMORE 11/2/2005 LIEBERT CASSIDY WHITMORE 1112/2005 LOGAN, LORlE 1112/2005 LOGUE, SALLY 1112/2005 MAGIC AND V ARlETY ENTERTAINMENT 1112/2005 MALL MARKETING MEDIA LLC 1112/2005 MANPOWER INC OF SAN BERNARDINO 11/2/2005 MANSOUR, AIDA 1112/2005 MARINE INC., EDDlE 1112/2005 MARTINEZ UNION SERVICE 1112/2005 MARTINEZ UNION SERVICE 11/2/2005 MARTINEZ, CARMEN 1112/2005 METROPOLITAN TRANSPORTATION AUTHOR], 1112/2005 MICHAEL, L. DENNIS 1112/2005 MIDWEST TAPE 1112/2005 MIDWEST TAPE 1112/2005 MORGAN, SELENA 111212005 MOSTERT, MARY 1112/2005 MUNGUIA, MELINDA 1112/2005 MUNOZ, CRISTINA 11/2/2005 NAPA AUTO PARTS 1112/2005 NATIONAL DEFERRED 1112/2005 NATIONAL PEN CORPORATION 1112/2005 NEC BUSINESS NETWORK SOLUTIONS INC 11/2/2005 NESTOR TRAFFIC SYSTEMS 11/2/2005 NEWPORT PRINTING SYSTEMS 1112/2005 NEWPORT PRINTING SYSTEMS 111212005 NISSLEY, CHRISTINE 1112/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 1112/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 1112/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 111212005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 11/2/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 20.00 20.00 1,208A3 994.83 1,894.25 29.94 21.26 250.00 422.28 183.60 30AO 200.00 2,560.00 30.75 1,325.00 1,325.00 50.00 201.65 1,101.90 5,230.00 250.00 36.00 2,500.00 100.00 152A5 10.00 535.19 90.00 320.00 45.00 1,000.00 81.99 242.90 75.96 600.00 23.00 88.00 250.00 4.89 28,093.88 264.18 448.37 33,840.00 46.28 46.28 34.00 155.00 241.00 42.00 531.00 22.02 55.77 35.86 User: KFINCHER - Karen Fincher Page: 19 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: ~1I08/20C Time/716:05:C Check No. AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229643 AP - 00229644 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/2612005 through 11/812005 Check Date Vendor Name Amonnt 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 11/212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 111212005 OFFICE DEPOT 11/212005 OFFICE DEPOT 111212005 OFFICE DEPOT 111212005 OFFICE DEPOT 1112/2005 OFFICE DEPOT 11/2/2005 OFFICE DEPOT 111212005 PAP A 108.55 220.89 93.70 -8.10 499.23 141.93 193.94 -5.78 30.11 82.50 122A9 33.88 26.66 76.18 46.67 -34.86 -10.60 42.88 10.60 247.05 44.05 128.87 19AO 83.20 892.58 75.09 10.28 99.90 41.38 33.62 10.60 IOAO 35.78 276.00 6.27 37.60 247.05 72.74 86.70 -2.78 -13.17 141.45 117.25 25.83 11.14 15.90 331.58 33.09 26.15 122.59 571.29 30.57 385.00 User: KFINCHER - Karen Fincher Page: 20 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108120C Tim~ ()6:05:C Check No. AP - 00229645 AP - 00229646 AP - 00229647 AP - 00229648 AP - 00229649 AP - 00229650 AP - 00229652 AP - 00229654 AP - 00229657 AP - 00229658 AP - 00229658 AP - 00229659 AP - 00229660 AP - 00229661 AP - 00229662 AP - 00229663 AP - 00229663 AP - 00229663 AP - 00229666 AP - 00229667 AP - 00229667 AP - 00229667 AP - 00229667 AP - 00229667 AP - 00229669 AP - 00229670 AP - 00229671 AP - 00229672 AP - 00229672 AP - 00229673 AP - 00229674 AP - 00229674 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229675 AP - 00229676 AP - 00229677 AP - 00229677 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/2612005 through 1118/2005 Check Date Vendor Name Amount 1112/2005 PALCAMPAIGN 11/2/2005 PANATTONI CONSTRUCTION 1112/2005 PAPER RECYCLING & SHREDDING SPECIALIST 1112/2005 PATTON SALES CORP 1112/2005 PENNY, JANE 1112/2005 PEP BOYS 1112/2005 PHOENIX GROUP INFORMATION SYSTEMS 1112/2005 PIT ASSI ARCHITECTS INC 111212005 POMONA PRINT STOP 111212005 POWER PLUS 111212005 POWER PLUS 1112/2005 PRE-PAID LEGAL SERVICES INC 1112/2005 PRIMA VERA GARDEN SERVICE 1112/2005 PRO-SHOT PRODUCTS INC. 1112/2005 PROJECT SISTER 1112/2005 PRUDENTIAL OVERALL SUPPLY 11/2/2005 PRUDENTIAL OVERALL SUPPLY 111212005 PRUDENTIAL OVERALL SUPPLY 1l/2/2005 QUINTANA, ZITA 11/212005 RANCHO CUCAMONGA CHAMBER OF COMMEI 11/212005 RANCHO CUCAMONGA CHAMBER OF COMMEI 11/2/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 11/2/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 11/212005 RANCHO CUCAMONGA CHAMBER OF COMME1 11/212005 REDMED CO INC 111212005 REINHARDTSEN, DEBRA 11/2/2005 REMES ATTORNEY AT LAW, ALLEN S 11/2/2005 REMINGTON ELSAG LAW ENFOREMENT SYS L 111212005 REMINGTON ELSAG LAW ENFOREMENT SYS L 111212005 REPUBLIC ELECTRIC 111212005 REZA, LISA 111212005 REZA, LISA 1112/2005 RICHARQS WATSON AND GERSHON 11/2/2005 RICHARDS WATSON AND GERSHON 111212005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 11/2/2005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 11/2/2005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 11/212005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 1l/2/2005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 11/2/2005 RICHARDS WATSON AND GERSHON 111212005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 111212005 RICHARDS WATSON AND GERSHON 1112/2005 RICHARDS WATSON AND GERSHON 111212005 RIGHT ANGLE CONSTRUCTION 111212005 RIVERSIDE BLUEPRINT 1112/2005 RIVERSIDE BLUEPRINT 147.23 105,400.00 301.00 92.70 96.65 21.54 984.89 250.00 32.00 25.00 25.00 309.72 19.33 44.60 1,826.Dl 7.00 7.00 7.00 193.00 15.00 15.00 15.00 15.00 15.00 178.00 282.50 10.09 50,760.00 421.25 6,272.04 50.82 10.00 10,110.83 90.00 350.37 1,190.00 16,651.16 15,958.34 32.00 228.80 15.60 30.00 910.00 4,436.32 2,090.80 4,558.10 438.20 1,133.34 5,702.87 542.50 53.09 4.89 80.73 User: KFINCHER - Karen Fincher Page: 21 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108/20C Tim~ 116:05:C Check No. AP - 00229677 AP - 00229677 AP - 00229678 AP - 00229679 AP - 00229680 AP - 00229681 AP - 00229681 AP - 00229681 AP - 00229682 AP - 00229683 AP - 00229683 AP - 00229683 AP - 00229684 AP - 00229685 AP - 00229686 AP - 00229687 AP - 00229688 AP - 00229689 AP - 00229690 AP - 00229691 AP - 00229692 AP - 00229695 AP - 00229696 AP - 00229697 AP - 00229698 AP - 00229699 AP - 00229699 AP - 00229699 AP - 00229700 AP - 00229701 AP - 00229701 AP - 00229702 AP - 00229703 AP - 00229705 AP - 00229706 AP - 00229708 AP - 00229709 AP - 00229710 AP - 00229711 AP - 00229712 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 002297 16 AP - 00229716 AP - 00229716 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 1012612005 through 111812005 Check Date Vendor Name Amount 111212005 RIVERSIDE BLUEPRINT 111212005 RIVERSIDE BLUEPRINT 1112/2005 RIVERSIDE CO DEPT CHILD SUPPORT 1112/2005 SAFELITE GLASS CORP 11/212005 SAN BERNARDINO COUNTY FLOOD CONTROL 1112/2005 SAN BERNARDINO COUNTY AUDITOR CONTRC 111212005 SAN BERNARDINO COUNTY AUDITOR CONTRC 1112/2005 SAN BERNARDINO COUNTY AUDITOR CONTRC 11/212005 SAN BERNARDINO COUNTY 11/2/2005 SAN BERNARDINO COUNTY 111212005 SAN BERNARDINO COUNTY 1112/2005 SAN BERNARDINO COUNTY 11/2/2005 SAN BERNARDINO CTY CHILD SUPPORT P A YM 111212005 SAN BERNARDINO CTY CHILD SUPPORT P A YM 1112/2005 SAN BERNARDINO CTY CHILD SUPPORT PA YM 11/2/2005 SAN BERNARDINO CTY SHERIFFS DEPT 11/212005 SAN BERNARDINO, CITY OF 1112/2005 SCARLETT, MARLENE 11/2/2005 SCHAFER, CARL W 1112/2005 SCOTT, DIANA 1112/2005 SEASONS OF LIFE CAREER CONSULTING 11/2/2005 SONORA INDUSTRlES 1112/2005 SPAGNOLO, SAM 1112/2005 SPLASH POOLS & CONSTRUCTION INC 1112/2005 SPORT SUPPLY GROUP INC 111212005 STEELWORKERS OLDTIMERS FOUNDATION 1112/2005 STEELWORKERS OLDTlMERS FOUNDATION 11/212005 STEELWORKERS OLDTIMERS FOUNDATION 11/2/2005 STOFA, JOSEPH 11/2/2005 STOVER SEED COMPANY 1112/2005 STOVER SEED COMPANY 111212005 TERRY, DONNA 11/212005 THOMPSON, MAROMA D 1112/2005 TRINITY ROSE WEDDINGS 11/2/2005 TRUMAN, GINA 11/212005 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 11/2/2005 UNITED WAY 11/2/2005 URETEK I C R SOUTHWEST 11/2/2005 US PRINTING 11/2/2005 USPS/PITNEY BOWES 11/212005 VERIZON 11/212005 VERIZON 11/212005 VERIZON 111212005 VERIZON 111212005 VERIZON 11/2/2005 VERIZON 111212005 VERIZON 11/2/2005 VERIZON 1112/2005 VERIZON 11/2/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 23.27 76.50 250.00 170.17 40,525.00 361.50 482.00 361.50 768.01 115.00 1,624.40 992.00 408.00 322.50 213.50 318.00 600.00 100.00 300.00 500.00 35.55 40.00 83.12 188.80 612.89 778.01 873.48 708.33 15.00 3,500.00 325.13 300.00 250.00 500.00 80.00 1,384.66 471.82 36.00 143.14 46,000.00 86.39 206.98 467.75 467.75 47.41 90.81 43.69 20.61 20.56 20.56 89.10 20.56 37.48 User: KFINCHER - Karen Fincher Page: 22 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11/08120C TimtA 16:05:C Check No. AP - 00229716 AP - 00229716 AP - 002297 16 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 002297 16 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 002297 16 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 AP - 00229716 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/26/2005 through 1118/2005 Check Date Vendor Name Amount 111212005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 11/212005 VERIZON 11/2/2005 VERIZON 11/212005 VERIZON 111212005 VERIZON 11/2/2005 VERIZON 1112/2005 VERIZON 111212005 VERIZON 11/212005 VERIZON 11/212005 VERIZON 11/212005 VERIZON 11/212005 VERIZON 11/212005 VERIZON 111212005 VERIZON 111212005 VERIZON 111212005 VERIZON 11/212005 VERIZON 1112/2005 VER1Z0N 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 11/2/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 11/2/2005 VERIZON 1112/2005 VERIZON 11/212005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 11/2/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 111212005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 111212005 VERIZON 11/212005 VERIZON 111212005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 11/212005 VERIZON 111212005 VERIZON I 112/2005 VERIZON 21.19 90.83 20.60 28.32 20.56 20.56 399.54 29.51 60.18 29.28 29.28 781.44 56.67 29.42 29.28 138.70 42.05 498.63 386.43 29.40 90.59 90.58 90.58 34.52 20.71 29.29 28.32 317.22 111.78 150.46 29.28 28.33 28.33 90.58 90.58 90.59 28.32 29.28 169.67 55.85 32.87 28.32 58.60 87.89 28.32 27.80 27.34 43.48 29.38 20.89 29.28 20.56 130.99 User: KFINCHER - Karen Fincher Page: 23 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11108120C Tim~ 816:05:C Check No. AP - 00229716 AP - 00229716 AP - 00229716 AP - 002297 I 6 AP - 00229716 AP - 00229716 AP - 00229717 AP - 00229718 AP - 00229719' . AP - 00229720 AP - 00229722 AP - 00229723 AP - 00229724 AP - 00229725 AP - 00229726 AP - 00229727 AP - 00229727 AP - 00229727 AP - 00229727 AP - 00229727 AP - 00229728 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 1012612005 through 1118/2005 Check Date Vendor Name 1112/2005 VERIZON 111212005 VERIZON 111212005 VERIZON 111212005 VERIZON 1112/2005 VERIZON 1112/2005 VERIZON 11/212005 VERIZON 111212005 VOLM, LIZA 11/212005 VORTEX INDUSTRIES 11/212005 WARD, DESIREE 1112/2005 WEST COAST COMMUNICAITONS INC 11/2/2005 WEST END FAMILY COUNSELING SERVICES 1112/2005 WEST PAC HAWAII AGENCY INC 111212005 WORD MILL PUBLISHING 111212005 YOUNG CALIFORNIA HOMES LP 11/2/2005 ZEE MEDICAL INC 1112/2005 ZEE MEDICAL INC 111212005 ZEE MEDICAL INC 11/212005 ZEE MEDICAL INC 11/212005 ZEE MEDICAL INC 1112/2005 ZIGGYS REFACING SPECIALIST Total for Check 10 AP: Total for Entity: Amount 47.41 467.75 574.95 78.06 83.37 42.85 1,155.15 112.50 665.62 452.50 500.00 10,612.70 15.00 375.00 4,400.00 63.08 113.72 121.26 164.74 142.60 73.12 3,087,667.43 3,087,667.43 User: KFINCHER - Karen Fincher Page: 24 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 11/08/20C Timr;Z'f6:05:C <'0 0> C o E 13 ~ u o "" " C <'0 0: '5 Z- G l'll Cl C- O c ~ E~l'lllt) ~Q)Eg ::I Cl E C'I o ~ ::I OfGCI)~ .c:iEo..... g .51 '0 1l ~O1::~ ...l:oo 000. >-0. :!: o :E '> 0') ~'", ~ w ,.; '" lii ~ ~ ~ ~ (oj '<i In co:i '" ,; s:-g. w " '" ~ ~ ~ ~ M ('I') '<t 21;- 1\- ..i3 o:!! ~ " " '" m '" ~ '" E {!!. " '" " ~~~ -0 0_ ~~ o a.. J::: ~ a; ~ ~ lri 0 0 M 0) " ... . 0' o- m!: ~ 8 ~ ~ g ~~~.~~ g~~gg ~~~~~ '" li!l 8 N ~ t:"iQ . c.j lri cv> ; N '<t :t <0 (Q N wooi 2~~ mgj " . . , 0..- !: ~ :5 " 16 8 gig " ~ oilii ~ 000 0 <=! 0 0 C) 8 ci ci . 0:5:3 ~ Iii ci 0 co ~ g g S Iii g en ui '" ~ J!l c " E 'Iii ~ .5 o 1" " 8. ' C ;:, R C Lt 8 ~ & ]5 Ul Ul g $ E <IJ Q) U liS iii ~ ~ Ul E ~ ..!!! ..!!! ~ ~ .E (; (;"C l!:! (;' &5 &5 ~ ~ &5 ~ ~(/) C ~~~~l ~~~~~ ...J LL LL f- .E ~ N ill ("j c.j "" 0 00 ""': g g iD "''' ... ~~f g oti m '" ~ ~ lli ('II ..; '" ~ M CD '" ..; ., ~ '" ..; '" M CD o M "! ~ >t l!, o d o ~ M o ..; CD M i ... ui '" ~ J!l c " E 'Iii ~ .5 ~'" ~.~ -g 1d.!:; co 6~ .r; ::i2 '0 ~ B-Q 0 i Ul.l::: S co l3 S ....~ o o.~ " fi1 " ~ m .. " fi1 ~ .. m '" '" '" oi " '" ,.; .. m '" ill oi g ,.; .. m '" '" '" oi " J!l o c o " 'ai E a 1;; jj ~ .5 M CD N ..; ., ~ '" ..; N <'l CD o <'l N. ~ <'l '" ui o <'l N ;!; ,.; '" ~ o CD ~ ... N ... ... on '" ~ >t t 'a; ~ ~ c g;j m M {!. '<tA ~ (ij ~A m ~ 'is CD ~ ~ " iZ o ... on ., "! i lli ~ ;;. 01 0 M en I: co to- T"" :s ~ m M an '<t "I"'" ct5 'is ;:; ('f') N I: '<t <"1. o :;; ~ <'l " " .0 o o o 1l ~ Ii ~ ~ '0 l!t .b = I: ro 'cco 19 '2 Q) ~ : ~ &.~ Q) ftS U 'ii t:: I,;; Q) ....0 :::I ~ IS: U <( w '" " ~ Q)~ ="iii .S 1:: " <'0 :0 E Jl!"O .~ ~ <'0"" .!:2 'E ~~ o~ ~.... c " '" E i" t).a ~'O .S e ~~ 0"0 >.2 "-<'0 g .5 <:&1 ~~ o c NO uiE :v .~ .0 ~~ o C "0 " 20S g."iii "0 " <'0 E ~B =Z- 8.'6 - '5 53 .2" E- _ 3 '" 0 """ .5 iil " ~ oS ~ CD ~ ;: oS " .~ '0 z-1I5 .~ ~ o " 'E:2 g ~ "- .5 c .!:2 3: "0 0 c"" <'0 '" E'~ 8 " " .~ E "" " t) E II) ~ e? ~ 5 8':g "0 " "- " a. c 8&5~ "- g f' ~II)~ ;;~8 <'0- ~~~ "....0 ~-E~ 2-~:O ~ 'E ~ l::!! \"lI ~ ~ g. E 1$ 0-'- <'O"u 58@. "- .~ ~ Q) f5 (/)(J),J:: :EQ)-O :::::S;~ ~g:g ~.~ "8 :e 'E Q) 1l "0 0; _<3 E -E~~ ,,- " E c " i3 Q) ~ o~<( -oe'E "0 0> " c<g 0_", .0 C " 16 Q) > :::1.5..5 "0 '" " ~~= e-=o; 'Q; Q) 0 =~~ '0 c:i N~ "'0 C 0 ~ .201l .~ 55 ~ ~ ~~O.8 Q)(fl~\"lI ~-C)i t-2e15 & 5:6 c: o~~E ll..coo2 'EQ)Ne Q) = gf'O E .S Q) .$ ";;>(1) B 5 e? 'C: .., 16 -= Q) C) :::I caEee '0 ~'c ~ !E c: .S Q) 0~5f:; .?;-..... OJ .S u 5 ."'C Q) C)"'8 .$ :; ~'f6 l::!! :V:5 0.0 -g .~ 10 e-g ~_OS "'C &5 C).s ~ E.~.!:2 .~ ~ -5 ~ ~O>"'.c :;<( e == ~'E:E* c:Q)-oN Q) E c: OJ II) t) ~ <q j: Q) x ('f') C ~ Q).!:2 0-""0 E tV!5 .0 o B ~ ~ 'C .S (/) a. 0.-0....00 ~ Q) e .g Q) :;~C)>-~ '0 C:.S ~ Q)-o~ !'J .z=..a Q) ~ J!lG"oS C Q) -0 .... Q) :; '> ~ Jl~eo - 00. E ~oB.a .!:2 ~co e ~Ng'O j 2 N_2 $3.sref!! lB8~~ E c: :::I C t)o~~ ~ C) Q) e v.i :::I C) --ge~ -g2:;~ \"lI Q) E tV "Zi Xl :::I Ql <'0 "" C ()=~ '0 0 :v 0 ~"Ea.,- ctl Ql *' E Eo E ~q ~ <'0 "' (J)~~ ~Eo;2 {j ~ e .S Jl! 2 E \"lI E .S tV Q) ~ E Q) j!: 8, lX l \ <'0 ..., >- a. ~ ~ t: (.) ~ LO U _ ~ I H a. '" i .. ~' (!, 2 .. '" o o ~ ~ a ~ ,}, o o ~ ~ ~ ~ ~ ~ '8 't: g 8. f:! '" ~ c :e ili 8. il ~ ::<'5 '" ~ '" .. 0.. l'll III Cl C C - III o C E E~-It) l'll 0::; III uQ)~g ::I Cl c C'I o!!!- ..... . ... Ol'll..!lll') .c:iE ..... uo]iil :6 .- Q) 0 D::'Octj ... l: .2 0 00'0 ~o.t: o ~ "'s '" . '0 .. ::; s~ I\~ ..- o:!! ~~ '2S -.. J!'" VI -S . .. J!o ~ , a.. 1:-5 ~c ~~ <aJ ~ ~ ::; ~I ~I ~ I i8 ., ,.; . , ~ J ~ ~ ~ i ~ ~ oi .. - , .. > ~ . '" ~ ~ ~ ~. lli ill " " ai ai . , ~ ~ ~ ~ ~ i ~ ill " " oi f>>~ " . . . JI! ~ ,,: ~ " lli ~ ~ " "- I- ~ ;;:; G z 1:- w ~ ~ ~ < " u c o . ~ ~ '" , VI ~ 'D c C . ~ !l "- . ~ s 1: g " " E " ~ .5 ~ c ~ ~ '" a.. - ~ ~ g ~ " ..J VI ~~;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ o~of3~8o ' 00000................0000........00000........ OIOMONm......N Ol,..Qll)~..............O......O "'2N......"'......olt)co........,. S~~~~~~~~~~~~~~~~~~~~~~~~~~~~Q~~ 3(0...... m;! (08..... N Il).q-...... m......!'! LOO Mfi.l...... ~;X~~ $! 10...... NIO ~ (O~ ....~~C!;Ma; u;oCl;<o~:8;~C1iMr:::v~om..,.:;o~~~;J(l)g;N ~ MN MMMMM..t MNN N N N MMNM M..t MMN C"':i N N N C"':iMN(") ~ ~ ~~~~ ~ ~ ~ 8~ ~~~~~~ ~~~~ ~ ~ ~ ~~~~~~~~ M MNMMM M M M -iN NNNN..,. M NMM..t..,.", N MMNN'lt M NM 8 88filfil88 8 888 888888 888888 8 8888 8 888 ~~~~~88~~~~~@8@@8@~~~~~@@~@~8~~@ ~~~~~@@g~g~ggggg@@@~~~~g@tggg~gg NN~N~NNMMM~MNNMMN~NN~ .M~.NMM~~~ ~ 81e 8 8 888filfilfil88 8 fil8 8 8 8 8 fil8l:l~:g i81l ill 8188 8 M g M lri lri citrigc-.iNr--: go ll'i Ng aril{j Ii) lri r..: .olriMlri iZ $! a)lrig~"": 0...... ~ r;; ~g~N:g;:o~...... ~ ~ a;N~~~~ ~ ~a;8g.... CiS~~Q)""" ~ ~reMoi~2~~ai~~M~oN~S8g~N~~g~~~~~mw~ ~ C'l (:lj en C'lo,en<<i; ~~ en ~ ~ a;~O)c:oO) C'l ~ ~~O);s~~ ~~N~S; N~~N~~~MM~~N~~N~~~~~ .NM~~MN~~ 88888888888888888888888888888888 g~gg8~~~8~8ggggg~~~~~g8ggg~gggg~ ~g~ggggg~gg~~ggggg@gg~~g~ggg~~gg NN~MNNN.MM~MNNMMN~NN~~~M~~N.M~N~ ~ 8 8 ~ ~ N 0) CO') Oi ~U i:l_U UU ~UU ~ u ~ ~ ~ U~~~~ U U~U . ~~~~FJ5:!__~~~~FJ~FJ~~N~N __!2~_~~ -"'''''''------;::- "'''',,''''''"'"' --"'",--- ~8 _00 ~ s~:g::g ~o 5:!ooo 0 0 0 0008 8 5:! o~~~ a.. 0.: a.: a.: a.: a.: 0.: 0.: a.: a.: a: cr: cr: cr: cr: cr: cr: 0:: 0:: 0:: 8888888888 ~~~~~~~~~~ ~~~~~~~~~~ zzzzzzzzzz~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~zz~~~~~~~~"''''~~~'''''''''~''' 1-I-I-I-I-I-I-I-ccaJaJ~~aJaJmmaJaJaJm~~'"'"'"~~~~~ @@@@@@@@@@~~~~~~~~~~~~~~~~~~~~~~ 0::0::0::0::0::0::0::0::0::0::0000000000000000000000 uuuooouuuo~~~~~~~~~~~~~~~~~~~~~~ ::::!:::::!:::::!:::::!:::::!:::::!: ::::!:::::!:::::!:::::!:wwwwwwwwwwwwwwwwwwwwww 0::0::0::cr:cr:cr:0::0::0::0::::::!:::::!:::::!:::::!:~~5555555555~~5~55 ~ ~ ~it ~itititit~~~~2J: J: J: J: J: J:J:J:J: J: J: J: J: J: J: J:J:J: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww 00 cc coooooooo 0 000000 000000 00 0000 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u.. u. u. u. u.. u. u. u. u. u. u. c o a. ::l o o ill '" ~ fe :I ~ ~ ::~~N~~~ ~ .. !!l ~ c " ~~~~~~~~~N~VC:OC:O~8~~~M~~1 e ao~o~~~~~~~~~~~~o~~~~ M---"'O)O)O)O)O)1:S~xx~x ~ Baaaa~::l::J8888888~88888" u.. MMMMCO')M~~MMMCO')MMMMMMMMCO')~ ~ ~ NO NMC:O~~ ~NNNNE~~ ~~~ ~~~~~~~ ~ ~ i8" - ~~~ C:O~i!O 5I~a~ XX~~ re re N '" MM~~ ~~ ~~ MM ~~~~ ~~~~ NNNN MMMM ~Q.1l U u ~ .Q : ~ II o t 0.. '" ~ e, ~ :;; u; ~. > s. . "' ", ~ ~ ~ k, .. .. '" .. Q. l'll Ul Cl 'l: C - Q) o C E E QlE-1t) l'll Ul (,) QI ~ 15 ::I Cl l: C'I ()~"7T'" Ol'llUll'l .c:iE=; (,)O,f!.c ;=Q)O ...0:: .g C_ u l: .51 0 000 ~o.t: .- 0 o D. ~fJ '0 1; '" Sf I\,il ~ . 0", ~~ u (I) .$ !~ ~ , a.. U e. ~~ <:aJ . ... ~ '" ~ ~ ~ U ~ " U ~ ~h"_~L,,,!.'l !!!!::!.,_lll~~~_~ ~::~SS~....~~O ~ ftt 0 ~ ..... 8 ~ (;) 0 ~I ~ ........:n <D ~ 'If ~ C\{ t: <<> ;e (") IX) l? <D Q) In.... III <>> 01" ~~~~~~~~~~ ~ coicoiNNMMMMN.., M I ~ ~ U U ~ ~ @ 8 MMNNMMMv(")"'" ~ ;; > ! 81;:88881;:888 8 UU~U8U ~ ~~UgUU~ i If'i N <Ii -i ('f) N N o:i":"': lti ~ . , ~ 1; i! ~ '" :g~1;:8888888 ;;j :g~r.igsi:Qgg:eg ~ v .;J. Q) N N co.... .... M,.... &:t ai oj lli......18 2 M M ai ct 0 :i8~~:gco~a;l$~a; ~ ..f N <<i (') cti...: N (OJ .,.: a . , ;; > .f 8888888888 8 o ci ci c:i ci ci ci ci ci ci ci 8888888888 g UUUUU~ lr;",,":..j..jNM";"':<'i wi" ~ ~~aa - ~ ~ ~ ~ ~ ~.... ~ ~ ~ s UUU ill"''''''''''' ;:: i'i ~ iii ;; ~ 0....0000 - . , . !Il a.: a.: g a:: a:: wi 00 t: ()() r.Ji 00 ~ ~~~~~~55~~~ ~ ~~~~~~~~~~ ~~""""""(!)C) ~~~~~~~~~~ 55~~~~!.i~!;t!;t 8, ~ I Z Z Z Z Z Z Z Z ~ ~~~~~~~~~~ ~ wwwwwwwwww.tJ 0000000000 c wwwwwwwwww III LL. U. u.. u.. u. U. LL. LL. LL. l.L ! s .c , (I) .. 5 c c. . , ~ 8 ~ .E ~ ~ ~ ~ ~ ~ . .!l ~5~~~~~~ ~ C .. a.. i ~ ~ i ~ l.J "- '" N8NNIO......~CD8 1r>('l~<liitlf,1O"i:; ~f2f2l.L:tfu.tfu. re~~lH~~~~ M(")MMMMC?(')(") ~ ~ ~I ~ ~I! I 8 " ,.; lI.l ~ ll. ;:: ~ "". ~ g g ~ ~ ~ ~ v. :.. 8 8 ci c:i 8 8. '!i ~ ~ , '" I " z (I) ~ " ~ ~ !< & z e ~ ~ w .., o . w . l.L I c , ~ (I) o " . i5 " .. re .. ~ .. .!l ~ C .. :t ~ i I "- ~ ~ ~ iii " ~I~ ~I~ '" ~ I lI.l ,.; :i! ill * * lti wf ill ill ..t ..; 8 8 g Iii N "t. ~ i ..; ..; 8 8 g g " " ~ ~ .; '" ~ ~ :g '" '" ~ ~ "t ~ W I- o . z .. ~ e ::l ~ ~ ~ 0: . I- I , (I) C o c. ~ o ~ U ~ .. .. '" 'C ~ g ., ~ ?:' " ~ u .. re <'0 re ~ 0; -, ~I ~ I '" :8 ,.; l;! 8 " d " " " ". ~ g cO ':f 8 8 s;i g is ... g " '" ill g ~~ 8 8 c:i 0 8 & g " '" ill -;i '!f ~ ~ " '" ~ .; '" " . <: u ir w ~ (I) ~ & I- e z ~ o .., " . w . <: jj o 1; , (I) '" E ~ .. E ~ :t c " E :e ~ '" > (I)(I)~ .E ~ >-Q.D ....u~ C3 ,2 ;: ~ I a.. .. ~ ~I [ " 0. '" ;;j ~ ~ " ... '" ~ : ~ :8 ~ ~ '" '" ~ . ~ ~ ~ ~ ... i :8 ~ " " d 8 05 ~ ~ ~ ! .; , ~ . .. e ~ .., o . jj {!. ;\ ~ ~ ~ ~ l<1 '" " '" <'0 0. l'll Cl C-.c o C III ~~8:g (.) Q) . 0 0::1 g'.JIl C'I C'- "I""" Ol'll.f!.., fj:iE~; coo.c l'll'-'- 0 c:::.g'Otl ...'t:t:O 000 ~o.l1. o s~ 1\, .- o:!! ~~ i :E Hi ~ ~a:: 0 . , ~ ~ . , ~ ~ . :E . , ~ ~ .S . . '0 ~ , a.. .. ..u .c ".!! l~ " . , ~ on .. c - ~ ! J ~ on : _ g 0 c .!ll '8 on ~ ~ Q. ~ 8 ~ .~ rtJ U en ~ l:l >-a.~ l::()~ () - o '" ~ t ~ 6' '" ~ ci " 11 ~ s ~ " '" '" oj i3 g ~ ~ .; '" - s ~ " '" '" oj Ii! ~ ~ .. on ~ s ,.; '3, ,,: ill oj l! '" ill. (t .. :! " ~ " .. o ! <Ii ::[ ~ '" u 0: w ~ "- o '" z '" '" B . c S . c ;; . aJ S 1:. ~ l! .5 ~ 1! . .c ; u ! ::\ ~ i ;; ~~ on ~ 0- D8 " () ~.,; Cl U :;: ~ .. 0 0- I ~ 'S. l~ 0- m " ~ .. i!'B :;; Ii! g '" "' g ~ ~ "l "' '" iSla i ~. on m. ~ ,; .. ~ c_ t:: " :;! w.ll 0 .. ~ r;; ,,; ~ on ,; ~ ill. ~ "' Ii Cl. '" .. .. N '" ..; ~ '" ~ :! l'll .... Cl .., c:..... ;; 0; ,g EEGI's l'llQlQ,u ~ Cl2'O -l'll"--.c OC>-Cl o l'll a:l :l "5:iE~e COos: ;; ra=;l() ~~:i15 o 0 C'I ~o. (3 It) o o C'I .... ..... GI ,g o ... U o .. .. H at:! e" .; 'll- ",'it ~ :l! 2~ ~~ a.. - o c. 0- - . -0 il c e I- H J!'" II) i8 .. ,.; ~8 - c so!! - . g'''' '" o z ::> II. l- f!; " ~ ,. <'0 U E di E ~ ~ ~ , ~ ~ ~ c: -' o ~ - $ , .. .!! .. e . 5 ~ .E 'C C :> II. ~ '" c 8 " " Ii " '" ~ .5 '" u C .. ~ '" - ~ g ~ ...j '" a.. (ij " " " " " " ~ ~ o 0 " 0 ~ ~. on '" '" '" " "' N N ~ ~ Q ~ ~ I~ * * ~ ~ " ". ~ :e ~ ~ ~ " '" o oi ill ~ "' fi ~;) .. a: E w E " jj ~ <( 0 UJ LL li '" 0 ' :E ~ (I) c: :1 o '" ~ .l!l c ~ o ~ .. :> o " C .!!! "il .. :IE Ui g g' 0 l ~ <II '" " " 8 " 0 " 0 ci 0 ~ o .. '" o. m c o a. ~ o (J '" .. ~ .. .!! ~ C .. ~ E " 'C " II. o o on t:: ,,; ~ '" ~ I , II) c: ~ o u .. is ill ~ .. .!! ~ C " ~ E " il II. '" "l m. ;:: "t ~ jj o E , '" c o a. ~ o (J ill '" 'C ~ u " <II ~ ~ '" !! I- " " ~ on ill. .. I , II) .l!l c " E i! ~ ~ c " Ii .. .. > .5 o o ,; o o ,; o ~. '" ;\ Iii ... l:; " ~ o o ,; o o 05 o '" ~ ~ :Ii "l. ~ ~ "' ~ I > '" jj ~ '" ~ ~ S jj I! :2.'1 ~ .. ~ '" '" ~ '" <> N N '" Ii: ~ <> '" '" '" <> "' '" ~ '" ..; ..; ;!' 0 .,; '" 0 '" 0 " <> ... '" '" '" <> r::: '" <> '> ~ ~I ~ '" 0> '" '" <> .. '" '" '" ~ ~ U; ..; ~ oJ ..; 0 0 <0 ~ <> " 0- ... <> '" '" .. <> ~ ~ o:!: N N '" '" '" '" <> 00 0 ~ ~ '" '" '" '" .. ~I *<t.cf. "" #<*'ct.'#<t, "" ?f!.-<,?ft<(, ~ . ~ . ~ 0_0 0 0-.................--.. 0 0......."-....... qzl::! z <> z qz~Z-.::r:Z <> z qZ-.::r:Z <> <> 0 <> 0 <> ~ - ~I ~~ ~ " 100 :IE ~ 1: " :t", -<> B<> ~N U:o ".e'" g>~ :; O~'" E ~ E ~c:S ,"0. oE~ ~<J) 0~'O .t:.~Q) u~'O C _ ~ "'Ow O:c.e 'OC'lI- b-; a -~:O oo~ -.e o~ ~5 """ E E ~ <J) ~ I{I "I .e~ u" ~o ~ a.. 5) - ~ 'O~ i< ~ ~ ~ 'Ui- :> " ':0. ~~~~~~ zZzzzz .. .. '" '" 0)<(0)<( ~z~z co ~ 1: " E 'Ui ~ .E C C o 0 ~ ~ .2> .2> ::0 ::0 o 0 <:- <:- ~ ~ ~ ~ " " ~ ~ I- I- C C 13 13 "Iii .~ E E <.e< ~(/l~ iIOU: " E " z 1: , o " .:i ~~~~~~~~~~~~ zZzzzzzzzzzz .. '" ~~ z ~ o ~~ iDz ~ 0> '" '" '" '" '" 0)<((1)<((1)<( .....zSzSz r::: r:: ;:: 0> <> '" 0 O':l<(O<{ ......-N- ZNZ ;:::: M C o ~ .'2' :c o <:- ~ '" " ~ ,: C 13 .~ E <.e ~ ~ iIO c: c: c: c: c: c: o 000 0 0 :;:::I :;::::I :;::::I :;::::I :;::1 :;::::I n:l co ro ro co ro .9 .9 .2> .9 .9 .2' :0 :0 :0 :c :0 :0 o 000 0 0 <:- <:- <:- <:- <:- <:- ::I ::I ::I ::I :J ::::I I/l VI rn VI UJ (f.I ro ro m ro (IJ rn ~ ~ ~ ~ ~ ~ I- I- I- I- I- l- e: c: c: c: c: c 13 13 13 13 13 13 .~ ":ij "iij "iii .~ .~ E E E E E E <.t:.<(.c<(.c<(.c.<.t:,<(.t:. ~~f?~i?~~l3l!!~'@m LLOU:uU:utIuiLuiIu 'D C ~ "" " '" C " 0. X W 'D C ~ "" ~ '" " 0: '" ~ (f) 'D C ~ "" C o ~ 0. E " 'D " 0: 'D C ~ "" ro ~ 'D 'in " 0: 'D C ~ "" ~ '" " 0: ai -g-g-o'C-g-g ::I:J c: C::J::I ILLL.r~U.LL CCQ)Q)C.Ci. EE~~EE 2: 2: Q) Q) Q) Q) a.a.CI)(I)"'C"O .sS~~~& '" C " '" (f) ::::J .. ~ '" !!l 'D ~ o III , '" '" o z U E '" Q c ~ " " ~a: :fi 'iij '"~ ~ 'D C ~ "" " ~ C !! " 0: '" C " '" (f) ::::J '" " 'C " '" '" 'D C o '" > " 0: (!) o "" 0: < "" "- " o '" ~ !!!. '" '" '" '" oil ~ < 0> '" '" <J) .... Z W ~ ;;i o <J) ii: :I: t: so <J) I- Z w :IE .... <J) w > ~ o :'i :I: ~ o ~ o .... 'ci c " E " 'D C o 0. ~ 'D 2 " 'D .5 g " .c >> " E >> " oS '" " 2 " 'D Z. 'C ~ ;; E 'D 2 " <;; o c " > " .e .e u :E 3 '" 'E ~ 8 " " ;; t' " E >> " c o E l!! " J!l c " E <;; !! ." " '" " .e I- a; (5 Z ;;; ~ -;; u o .. .g ~ .<1 o . 0> '" .. .~ u: " ~ 36 THE CITY OF ,----- RANCUO CUCAMONGA Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D, Daniels, Redevelopment Director BY: Lynda L. Thompson, Asst. Redevelopment Analyst SUBJECT: APPROVAL OF AN ARMED SERVICES BANNER SPONSORSHIP PROGRAM. RECOMMENDAll0N: The City Council approve the Armed Services Banner Sponsorship Program and direct staff to begin implementing the program. BACKGROUND Staff has conducted research on similar successful programs from surrounding communities in response to interest expressed by residents of the City of Rancho Cucamonga to participate in an armed forces banner program. The Redevelopment Agency has a current banner sponsorship program as part of an economic development strategy to help promote the local business community. The program permits the display of 177 banners at thirteen major intersections in the City to directly promote and improve the economic and business environment of the community. Currently, there are two displays annually. One is between Thanksgiving and New Year's Day and the second display is from Memorial Day through the Fourth of July. ANALYSIS In an effort to minimize the impact on City resources for this banner program, qualified participants will purchase the banner for the cost of production and installation. However, to minimize the installation costs, although the program will be promoted throughout the year, the armed forces banners will be installed concurrent with the existing displays during the year. Currently, these displays are installed in May and in November. Unlike the current banner program, the armed forces banner program will allow a continuous display of the banners, and will be ..JJ Page 2 November 16, 2005 APPROVAL OF AN ARMED SERVICES BANNER SPONSORSHIP PROGRAM. removed if the banner is damaged, the military service person is no longer on active duty or the status is not verifiable, or the program is discontinued. The policy will insure the program's goals are maintained in promoting recognition and appreciation for active duty military personnel who reside in the City, or whose immediate family members reside in the City. Because this is a new program, staff requests authority to make administrative changes to the policy after implementation. A budget appropriation of expected revenues from the banner sponsors will be requested at a later date once the demand for the banners is determined. The program will be marketed through the Chamber, the City's government access channel (Channel 3) and the City's Internet website. Brochures will also be mailed to the VFW local post, service clubs, and sponsors of previous banner program displays. The concept design of the banner is also attached. Respectfully SUbm~tted, . \) ~J).~ Linda D. Daniels Redevelopment Director $2. CITY OF RANCHO CUCAMONGA ARMED FORCES BANNER SPONSORSHIP PROGRAM POLICY The City of Rancho Cucamonga ("City" sometimes herein) permits the display of banners at specified locations, on City-owned property, within City rights of way, and/or within other public rights of way subject to the City's control, on a first-come, first- served basis pursuant to established policies. This display of armed forces banners is permitted solely in conformance with this policy. In establishing this policy, the City does not intend in any manner to create a public forum or other means by which non- commercial, social, religious or political messages may be conveyed, or by which public discourse, exchange of opinions or discussion on issues of any nature may occur. Rather, the sole and limited purpose of the banner program is to recognize and honor the contribution of active duty military personnel that reside in the City by permitting the uniform display of banners containing the serviceperson's name and service division. Consistent with the intent of the City, as expressed above, the City permits the sponsorship and display of the armed forces banners solely in accordance with the following policy: Banner Sponsor Qualifications. Any person or organization can be a sponsor of a banner. Banner Printing - Military Serviceperson's Name and Division. The name (first and last and suffix, if any) and American armed forces division (Army, Navy, Air Force, Marines, Coast Guard) will be printed on the banner. A military serviceperson's name cannot appear on more than one banner. Eligibility Criteria. The designated honoree must be an active duty member of the armed forces and a Rancho Cucamonga resident, or an immediate family member (son/daughter, grandson/granddaughter, niece/nephew, son-in-Iaw/daughter-in-law) of a current Rancho Cucamonga resident. Determination of Eligibility. The application must include a copy of a driver's license or other picture identification satisfactory to the City, which shows the address of the military service person, or his or her immediate family member's address as being in Rancho Cucamonga. The application must also include satisfactory documentation (e.g., military identification) establishing the name, armed services division, and active duty status of the person whose name is to appear on the banner. Display Term. A banner will be displayed continuously once it has been installed and will be removed if : a. the banner becomes damaged due to wind, age, or other reasons as solely determined by the City; b. the military service person no longer meets the eligibility criteria c. the sponsor of the banner fails to submit the annual verification that the military service person continues to meet the Eligibility Criteria J3 d. In the event the Armed Forces Banner Sponsorship Program is discontinued for any reason in the discretion of the City Council Annual Eligibility Determination. On an annual basis, the City will request from all banner sponsors written verification that the service person continues to meet the Eligibility Criteria. Banner sponsors will be contacted at their last known address listed on their sponsorship application form. It shall be the responsibility of each banner sponsor to promptly update his or her information on file with the City, as needed. The City shall not be responsible in the event it does not receive any update information that is not personally delivered to the banner representative or designee ("Banner Representative"). Any banner no longer meeting the Eligibility Criteria shall be removed and the location reassigned. Application Process. Anyone wishing to sponsor a banner shall submit to the Banner Representative a complete banner application on a form provided by the City, together with the then-current application fee made payable to the City. The required fee has been calculated to offset a portion of, but does not exceed, the costs of the personalized banner, its installation and removal, and administration of the banner program. All banner locations are assigned on a first-come, first-served basis. The number of, and specific banner locations shall be determined solely by the City, and may be revised without prior notice. A banner sponsor cannot select a specific location. Once all available banner locations have been assigned, no further applications will be accepted. Each applicant must provide information on the application form sufficient to investigate and verify the facts stated and to determine whether the applicant satisfies the requirements of this policy. Each complete application shall be approved or denied within ten (10) business days of receipt. The City shall approve a banner application if a location is available upon completion of the review, provided: (1) the applicant meets all of the criteria set forth in this policy; (2) the applicant has provided all required information and has been completely truthful. Once an application is approved, there will be no refunds, even if a sponsor decides to withdraw the application. When an application is approved, the military serviceperson's name and armed forces division will be printed on both sides of the banner which currently measures approximately two feet by nine feet (2' by 9'). The lettering of the name and military division shall be sized to fit the banner. No other information of any kind whatsoever, including, but not limited to, rank, logos, photographs, graphics, telephone numbers, or website addresses is permitted on a banner. The banner sponsor shall own the banner. Approval of a banner application only entitles the banner sponsor's banner to be hung and displayed by the City pursuant to this policy. The City shall have no obligation to perform any maintenance to a banner or in conjunction with the display of any banner. Once installed, a banner sponsor shall have no right of access to the banner provided, however, that a banner sponsor may request the removal of the sponsor's banner. Once removed following such request, the banner sponsor shall have no further rights pursuant to this policy. A banner can be sponsored at any time, provided a location is available. Unless otherwise provided by the City Council, the installation of an Armed Forces Banner shall ..gt/ occur in conjunction with the installation or removal of either the Holiday Banner Program (Thanksgiving to New Years), or the Patriotic Banner Program (Memorial Day to July 4th), so long as these banner programs remain active. Neither the City nor the Agency shall be responsible for damage to or thefts of banners. Furthermore, by applying for and receiving approval to sponsor a banner, each banner sponsor agrees to indemnify and hold the City of Rancho Cucamonga, the Rancho Cucamonga Redevelopment Agency, and each of City's and Agency's elected officials, officers, employees, agents and volunteers free and harmless with respect to any and all liabilities, claims, lawsuits and/or damages of any nature whatsoever that allegedly arise from or are connected to the approval of the sponsor's banner application, including the display of, and/or damage to or loss of any banner or banners. In the event a banner must be replaced for any reason not due to the fault of a banner sponsor, and so long as the Eligibility Criteria remains satisfied as established by documentation provided by the banner sponsor, then upon payment of the City's banner replacement fee, a new banner will be made and displayed, either at the original location or alternative location as solely determined by the City. A banner sponsor shall have ten (10) business days from the date of written notification by the City that a banner has been removed, to request a replacement banner and submit the replacement fee and required documentation. Thereafter, the banner sponsor shall be required to re-apply and pay a new application fee. The right to have a banner displayed pursuant to this policy may not be transferred or assigned. If a banner is removed at the request of the banner sponsor, the banner sponsor shall have no rights to replace the banner except as provided by re-applying for a new banner. The City reserves the right to revise this policy, discontinue the Armed Forces Banner program, and/or revise applicable fees without prior notice. If the program is discontinued, each banner will be returned to the sponsor thereof. .3.5 2" STAFF REpORT CiTY OF RANCHO CUCAMONGA Date: November 16, 2005 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Linda D. Daniels, Redevelopment Director Subject: APPROVE A BUDGET APPROPRIATION FOR A BUSINESS REIMBURSABLE ACCOUNT FOR THE THIRD PARTY ELECTRICAL CERTIFICATION PROGRAM IN AN AMOUNT NOT TO EXCEED $35,000 TO ACCOUNT 1-001-000-4507 (REVENUE) AND ACCOUNT 1-001-302-5303 (EXPENDITURE) RECOMMENDAllON: The City Council approve the appropriation to both the revenue and expenditure accounts for the Third Party Electrical Certification Program. BACKGROUND: The Third Party Electrical Certification Program has been active since 1995. The participating companies deposit with the City an amount equal to the estimated cost, as prepared by the city's contract inspection engineer, APG Company, at the signing of the Third Party Electrical Certification Agreement. These monies are then used to pay the invoices from APG Company once the inspection services are complete. Even though no City funds are used to pay the electrical consulting services, the City must appropriate an amount each year to allow for revenue. from business payments, and the payment of invoices to the consultant in connection with the Third Party Electrical Certification program. ANALYSIS: This fiscal year several companies have utilized the Third Party program and the revenues and costs have exceeded the original $15,000 budget appropriation. In order to accommodate businesses that want to utilize the electrical consulting services, it is necessary to increase the appropriation for both the revenue and expenditure accounts. No City money is used for this program, rather businesses deposit the money with the City and the City pays the consultant after the work is performed from the deposits. Respectfully Submitted, ~J)~ Linda D. Daniels Redevelopment Director .17 RAN C HOC U C A M 0 N G A I COMMUNITY SERVICES Staff Report DAlE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director Joe O'Neil, City Engineer Dan Coleman, Acting City Planner Paula Pachon, Management Analyst III Karen McGuire-Emery, Senior Park Planner PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE RECOMMENDATION: In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering and the Planning Division. This report is provided to the City Council for informational purposes only. No action need be taken on this item. A. PARKS AND FACILITIES UPDATE Central Park: . Certificate of Occupancy was issued on May 21, 2005. Contractor is finishing punch list items including: replacing sections of damaged marmolium flooring and installing the monument lights on the corner of Milliken and Base Line Road. Rancho Cucamonga Cultural Center Project: . Building construction proceeding well. Theater - Interior walls and fly tower have been framed. Overhead mechanical, electrical and plumbing are being installed. Event Center - Installed Paper/lath and milcor. Completed scratch and brown coat. Library - Completed paper/lath and milcor and scratch and brown coat in library and lobby. Starting to install Library and Library Lobby roofing system. .3g Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 Pacific Electric Inland Empire Trail: . Grove to Base Line: City to start construction in fiscal year 2005f06 on widening of Foothill Boulevard, including installing a new bridge where Pacific Electric crosses Foothill Boulevard. Engineering staff is working on grant application under the state's Bicycle Transportation Account funding to design and construct. . Base Line Road to Amethyst: Planning staff has applied for Safe Route to School funds for the Base Line Road to Amethyst reach. . Amethyst to Archibald: Funded with $272,000 in state's Bicycle Transportation Account money and local matching funds (beautification fees). Construction bid of $692,000 is higher than available funding; therefore, City Council rejected bids on June 15, and directed staff to combine with Archibald to Haven segment. . Archibald to Haven: SAN BAG approved $954,900 in Transportation Development Act Funds (Article 3). Engineering design has begun. Field surveys complete. Design and construction in Fiscal Year 2005f06. . Haven to 1200' east of Etiwanda Avenue: SANBAG approved potential of $1.7 million federal TEA money if City can be ready to go out to bid by April 1, 2006; therefore, City is immediately going into design on portion between Haven and Milliken Avenues. The $3.7 million federal STE grant money and local matching funds (beautification fees) will be used between Milliken and 1200' east of Etiwanda Avenue, plus any remaining work that may be needed between Haven and Milliken. City's environmental consultant, LSA Associates, Inc. is working on a response to Caltrans corrections to various environmental documents to obtain the federal environmental clearance. Caltrans has approved the Area of Potential Effects maps. Environmental clearance is a crucial step that is required before we can get our allocation of the grant funding. . Two short segments of the trail have been constructed in Rancho Cucamonga along Milliken Avenue and Day Creek Boulevard in conjunction with the construction of Central Park' Phase I and Day Creek Fire Station, respectively. Both of these are "re-routes" to new signalized crossings of these busy streets. . The Planning Department and City Attorney have almost concluded negotiations with Joseph Filippi Winery on an agreement that would allow Winery to plant vineyards as an interim use down the middle of the railroad corridor. SANBAG, who owns the corridor, requires that the middle 45 feet be reserved for future transit. . The Rancho Cucamonga Community Foundation on October 13, 2004 approved use of their non-profit organization to become a donation collector for this important trail project. To date we have raised $646 in donations. . The Friends of the Pacific Electric Trail will hold their second meeting this month. The non- profit group is recruiting members and organizing their efforts in support of project. . Outdoor recreation retailer REI is a supporter of this trail project. REI presented a check at the City Council meeting August 17 for this $4,000 grant to Friends of the Pacific Electric Trail. On the basis of our grant application, REI corporate office also invited us to submit a Jq Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 nomination for a $20,000 REI Stewards for the Environment Award and we are awaiting word. Etiwanda Railway Station Property: The Pacific Electric Inland Empire Trail Master Plan identifies the station as a high priority "signature trailhead". The Engineering Department has begun using the station property for public works maintenance activities. . Site Clean-up: Work completed, including demolition of accessory structures. Next phase will be the historic depot building, pending funding availability, starting with repairing roof, then environmental clean-up (e.g., removal of asbestos, lead paint, and mold). . Etiwanda Depot: Floor plans, roof plan and elevations have been drawn to document the existing layout of structure. A structural engineer has inspected the depot and is preparing a report on needed work. Burglar alarms have been installed in the station building; however, there are no fire sprinklers in the building. Engineering Department has estimated it would cost approximately $253,000, including fire sprinklers, to bring station up to code for occupancy by Public Works staff. $50,000 in CDBG construction funds approved in FY2004- 05, mostly for demolition of accessory structures on property. Mayor and staff met with restaurateur who is interested in leasing Station building for an upscale steakhouse; however, before going any further, City Council policy discussion needed regarding desired uses for property. If City wishes to sublease Station, or a portion thereof, to a commercial business, then a Request for Proposals should be issued. . Alternative land Use Concepts: Three alternative schemes for the entire 4 +/- acre property have been drawn to provide the basis for consideration. These will be used to begin discussion regarding desired uses for property and depot. Seniors: . A Veteran's Dav Tribute will take place at the Senior Center on Friday, November 11, 2005 starting at 10:00 am. This special program will salute the men and women that serve and have served in our armed forces. Special presentations, guest speakers and spirited entertainment will all be a part of this special tribute. . A Thanksoivino Dinner will be served to those seniors in the community that do not have family in the area on the Sunday prior to Thanksgiving Day. The dinner will include all the usual dishes as well as entertainment and will take place on Sunday, November 20'h starting at 11 :00 a.m. Pre-registration is required. . Senior Advisory Committee will hold its next regular meeting on Monday, November 28, 2005, at 9:00 a.m. at the James L. Brulte Senior Center. This month a guest speaker from Omnitrans will present information on the Access program. Trips and Tours: . Newport Harbor Christmas Parade - December 16, 2005. This fun-filled holiday trip will start with a ride to the legendary Five Crowns Restaurant in Corona Del Mar where a traditional holiday dinner will be served. After dinner we'll take a short ride to the Balboa '1D Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 Pavilion where we will set sail to the calm waters of the harbor for the spectacular holiday boat parade. Cost: $66.00 per person. Human Services: . "The Doctor is In" - Dr. Harvey D. Cohen, M.D. will present the following lectures at the James L. Brulte Senior Center during the months of November and December: ~ 3rd Tuesdav of each month from 12:00 pm until 1 :30 pm: November 15 - Osteoporosis: New Treatment December 20 - Blood Thinners: Who Needs Them and Why? ~ 3rd Wednesdav of each month from 7:00 pm until 8:30 pm: November 16 - Constipation: Is it Cancer? December 21 - Potpourri: Bring All Your Own Questions! . Bereavement Support Group - Losing a loved one can result in a number of physical and psychological changes. Symptoms such as numbness, anger, depression, sleeplessness, loss of energy and appetite can occur. The bereavement support group is led by professionals from Inland Hospice Association who are trained to help those suffering from their loss get through this difficult time. The topic for this time of year will cover areas dealing with grief throughout the holidays. The group will meet at the James L. Brulte Senior Center every Tuesday from 3:30 pm until 5:00 p.m. The support group is offered free of charge and is available for adults 18 and older. . USDA Food Commodities - The San Bernardino County Food Bank, along with the City of Rancho Cucamonga, distributes surplus food on the first Monday of every month to eligible residents at the James L. Brulte Senior Center. Eligibility is based on residency, income and the size of the household. Distribution begins at 1 :30 pm on a first come, first served basis. A total of 528 residents were provided commodities during the month of October. Staff will be expanding the program to serve an additional 24 residents in November. Homebound residents can have their commodities delivered to their homes. Proof of residency and income are required. At the present time, food is also distributed at Villa Pacifica, Rudolph Hendrickson, and Olen Jones senior apartment complexes. Staff has added Heritage Pointe Senior Apartments and Chaparral Mobile Home Park to our distribution list. Staff expects to continue to expand the commodity program in the future. Pet food is now being distributed as a part of our USDA Food Commodities distribution program to residents meeting the criteria for commodity eligibility. Approximately 1,400 pounds of dog food, 110 cans of cat food, litter, and pet snacks have been provided to our residents. Volunteers: . Volunteer Opportunities - The City of Rancho Cucamonga volunteer program is continuing to grow in numbers and in opportunities. Volunteers have recently assisted the City at the Pumpkin Carving Workshop. Furthermore, a number of volunteers have committed to serve at our annual Flu Shot Clinic, Founders Day Parade, Thanksgiving baskets distribution and to implement the City's Season of Giving toy drive. tj/ Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 . Report on Volunteer Services - The table on the following page summarizes the Community Services Department volunteer usage for the month of September 2005 and year-to-date: SEPTEMBER 2004 July 2005-September 2005 #of #of #of Division Volunteers # of Hours $ Value Volunteers Hours $ Value Administration 5 15 210 15 45 630 Senior Services 40 670 9,380 330 3,574 50,216 Human Services 30 90 1,260 99 317 4,438 Sports 73 368 5,152 366 8,332 116,648 Special Events - - - 80 553 7,742 PerforminQ Arts 7 14 196 79 264 3,696 Teens 48 119 1,666 147 2,554 35,756 Youth ProQrams - - - 2 76 1,064 Totals 203 1,276 17,864 1,118 15,715 220,190 *At $14/hour Special Needs Program: . The Special Needs ProQram continues to be a great success. Two additional Creative Crafting classes will be offered in November on the 5th and 19th from 1 :30 p.m. until 2:45 p.m. at the Goldy S. Lewis Community Center at Central Park for individuals requiring special assistance to participate. Youth: . The table below summaries youth proQram attendance for the month of September. Pro ram Pia school Mobile Recreation Lewis Partnership Kids Club @ Evergreen & Del Mar & Terra Vista & Carmel A artments Classes/Sites 48 classes/4 sites 4 sites Re istrants 1,219 250 350 Attendance 18,894 102 4 Sites 126 . Our Plavschool classes have been preparing for their upcoming holiday performance at the James L. Brulte Senior Center, learning about giving back to their community through the Season of Giving, taking their school pictures and practicing for the Founders Day Parade. 'It Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 Our youngsters are keeping very busy and excited about the coming holiday months -- planning, parties, arts and crafts, development new skills, learning new things and most of all making new friends. . Our mobile recreation proaram, "Fun On the Run" winter session will run October 3rd through November 18th from 2:30 until 5:00 p.m. at the following parks: Park Location Bear Gulch Hermosa Old Town Elena Windrows . The Lewis Partnership Proaram had a very busy month during October. It was filled with Halloween activities, games and treats. Numbers have also increased due to the well- planned activities and the Family Nights organized by Lewis staff. Upcoming events for the month of November include: November 11 Ih - Family Harvest Party; November 161h and 17'h - Harvest Craft. Teens: . The table below summarizes teen proaram attendance for the month of October 2005: Pro ram/Activit Teen Center S ruce Skate Facilit TRAC - Meetin s TRAC - Bab sittin TRAC - Snack Bars Teen Connection -REAL Committee Workshops/Fairs - Girls Self-Defense Worksho /Colle e Fair Attendance - October 2005 637 725 35 61 artici ants; 12 volunteers 6 Monster Bash Dance 43 Volunteers; 3 hours 2,795 . October was a frightful month for the Teen Center. The teens kicked off the month with a spooktacular trip to, Knott's Scary Farm. Several teens enjoyed an evening of dodging monsters and escaping ghosts and goblins. On October 22nd over 300 teens danced at the, "Monster Mash", our first dance of the year. The teens enjoyed a night of music, dancing and spending time with friends. The Teen Center also had several activities that kept the teens busy this month. Teens participated in: video game challenges, dodge ball competitions, card games, bingo, basketball games, ping pong tournaments and a Halloween party to end the month. November will bea time for the teens to say thanks to the community. The Teen Center will participate in the Thanksgiving Food Basket Donations. We anticipate filling a couple baskets for families in our community. '1~ Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 . Skate Park - On the second Thursday of the month the Teen Center Program Specialist meets with local skaters at the skate park to review rules and to discuss items of mutual interest. . Teen Recreation Activitv Club (TRAC) - The month of October was the kick off of the first meeting for the new school year. A total of 35 teens attended. Of the 35, 15 were new to the program. As part of the new "Operation Helping Hands", members continue to visit the seniors at the Villa Del Ray Senior Housing complex. The seniors really enjoy playing games and chatting with the teens, and the teens enjoy hearing the stories from the seniors. The "Night on the Town" babysitting program continues to grow. Beginning in January the program will move to the RC Family Sports Center so we can accommodate more children and minimize the waiting list. The new location will increase the opportunity for a variety of sport activities and games. During the month of November, TRAC will be participating in the Founders Day Parade for the first time. The teens are excited about being in the parade and hope this will be the start of a new tradition. . Niaht on the Town Babvsittina - October was full of the Halloween spirit. Themed games such as Musical Graves and Witch Hunt were a big hit. The kids made tissue paper ghosts, paper plate spiders and trick-or-treat bags. To end the spooktacular night the kids were treated to G-rated spooky movies, "Haunted Mansion", and "Hocus Pocus". November will be "Slumber Party" month. Kids will be coming in their PJ's and will enjoy games typically played at slumber parties such as Telephone and Freeze Dance. Staff will be offering an all day babysitting service on Saturday, November 26'h. This is the day we entertain the kids so mom and dad can go play Santa and shop all day. This day is always a fun filled day packed with holiday themed games, crafts and activities. Parents really appreciate the opportunity to leave their children with us for the day because they can get a lot of the holiday shopping done. . Teen Connection - October brought out an abundance of high school teens in need of fulfilling their volunteer hours. We had 22 volunteers for the College Fair and 3 for the Pumpkin Carving Workshop. Other teen volunteers are working in the Teen Center on a daily basis. Teens will also be very busy volunteering during November and December with all our citywide events. . Rancho Cucamonaa, Etiwanda, Rancho Cucamonaa. Alta Loma (REAL) Hiah School Advisorv Committee - The steering committee of Associated Student Body (ASB) students from the four high schools continues to meet monthly. The goal is to develop activities for high school students that high school students will actually want to attend. 2006 looks to be a promising year for high school special events. . Workshops - A Teen Girls Advanced Self-Defense class was held in October, following up the Beginner class that was held in September. PROJECT SISTER presented this class. The girls involved learn many techniques in prevention and physical self-defense techniques. d.I'I Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 . Colleae Fair -Jhe ninth annual College Fair was held on October 13th at the Goldy S. Lewis Community Center and the James L. Brulte Senior Center at Central Park. There were representatives from 59 colleges in attendance. With over 2,500 students and parents in attendance, this new facility proved to be a great asset to the already successful college fair. Youth Sports: . The table below summarizes vouth soorts activities for the reporting period: Activit Pee Wee Soccer Pee Wee Basketball Youth Fla Football Cucamonga Middle School . CMS Judo Cucamonga Middle School CMS Youth Volle ball Practice # Partici ants 420 288 220 80 # Teams 62 24 20 N/A 140 8-14/boys & girls 4 RC Family Sports Center: . The table below provides droo-in/ooen olav participation at the Center for the reporting period: Activit Adult Basketball Youth Basketball Adult Rac uetball Youth Rac uetball Adult Volle ball Youth Volleyball Jazzercise # Partici ants 323 881 387 61 37 172 1,311 . The table below summarizes organized Adult Activitv at the Soorts Center during the reporting period: # Partici ants 18 120 50 A e/Gender Adult/Male & Females Adult/Males Adult/Males # Teams N/A 12 10 Adult Sports: . The table below and on the following page summarizes adult soort activities at the Epicenter for the reporting period: Activit Softball Football # Partici ants 2,720 50 # Teams 170 5 Gender Males/Females Males tiS Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 Activitv Soccer Tennis # ParticiDants 320 36 # Teams 20 N/A Gender Males/Females Males/Females . There are four (4) adult softball tournaments scheduled for the month of November at the Epicenter and Adult Sports Park. Sports Advisory Committee: . The Sports Advisorv Committee met on November 9th The 2006 spring (February 1, 2006 through July 31, 2006) field allocation recommendations were presented by staff at this meeting. Special Events: . Our new Founders Dav Parade format stepped off on Saturday, November 12th at the Victoria Gardens Shopping District. At the time this report was prepared the parade had not yet taken place, however, with over 100 entries and with a new location, our parade will be packed with community groups and great entertainment. This year's parade theme was "From the Page to the Stage: A Celebration of Children's Literature & Theatre." Staff will provided an update on the parade in the December staff report for Council. Cultural and Performing Arts: . The RC Theatre Arts Academy's newest program, the Adult Chorale Troupe (A.C.T.) is now underway with approximately 40 adults (age 18 and up) enrolled. The new singing group will perform a variety of musical styles including jazz, Broadway and pop. Holiday music is also included in their repertoire and A.C.T. will present a holiday cabaret this December. The new program is conducted by Don Cloud, who also directs the City's youth Showstoppers Performance Troupe, this summer's "Best of Broadway": Summer Youth Intensive program. Most recently Cloud was music director for the City's production of "Working." The vocal group currently meets at the City's Theatre Arts Center on Monday evenings and will offer open membership enrollment on a quarterly basis. . The Department welcomes three new staff members to the City's Victoria Gardens Cultural Center Team. Representing the theatre productions and program's staff are J.P. Rosenveldt (Theatre Technical Coordinator), Mireya Hepner (Theatre Production Coordinator) and Patrick Hediger (Community Arts Programs Coordinator). All three of these individuals have extensive experience working in theatre including Broadway shows, national touring productions, prominent Los Angeles theatres and Disney Theatricals. These talented new employees have joined our Cultural Center staff diligently preparing programs and productions for the theatre's opening season. The theatre team works out of the RC Theatre Arts Center (the former Senior Center) on Arrow Route until the Cultural Center construction is complete. Recreation Contract Classes: . Fall session classes began on September 10th and continue through December 3"'. The table on the follOWing page Illustrates the number of classes offered and class attendance. 'f(P Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 Number of Classes 354 Attendance 17,150 Tech Junction: . Tech Junction at Central Park offers Word, Excel, Power Point and beginning computer classes for community members to improve their computer skills. Classes are offered Monday through Thursday evenings. Facilities: . The table below list standard operatinQ hours, not including extended rental timeframes for our six recreation facilities: Lions West Community Center m Facili Gold S. Lewis Communit Center James L. Brulte Senior Center Lions East Community Center RC Famil Sorts Center Teen Center . The table below illustrates the number of rentals/bookinCls. attendance and hours of use for rentals during the month of September: Facility # Rentals/Bookings Attendance #of Hours Lions Center East Rentals 57 570 Lions Center East Buildin 5,850 600 Lions Center West Rentals 175 2,794 Lions Center West Buildin 50 6,135 1,109 James L. Brulte Senior Center 351 4,734 510 Gold S. Lewis Communit Center 167 4,641 382 . Staff is continuing to meet quarterly with users of the Equestrian Center to address maintenance needs and programming. Our local groups are very cooperative and supportive of the City's efforts. . Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Parks and Facilities: . The table on the following page provides usage information for park picnic shelters and special use facilities for the month of October 2005: tt1 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 Park/Shelter Attendance # Applications # Rentals Hours of Use Red Hill 1975 35 42 189 HeritaQe 709 15 19 62 Milliken 445 17 17 75 Hermosa 240 11 11 39 Covote Canvon 185 7 11 28 Civic Center 200 1 1 5 Courtvard Amphitheatre 150 3 3 16 TOTAL 3904 89 104 414 Equestrian Participants:344 7 19 39 Spectators: 130 . Equestrian participants include drop-in use. Epicenter Rentals/Activities: . The following activities/rentals took place during the reporting period: ~ Rancho Cucamonga Quakes - Wor/d. Series Activity for Season Ticket Ho/ders - October 26, 2005 - Epicenter Stadium. . Staff is working with the following applicants for uDcominq rentals and activities: ~ Active Ride Shop - Skate Demonstration and Concert - November 19, 2005 - Special Event Lot. ~ Christian Okoye Foundation - 5110K Run - January, 2006 - Epicenter Parking Lots A & B and City streets. ~ Freedom Films - Feature Filming - February/March 2006 - Epicenter Stadium. ~ Aray Artist - Music Festiva/- May 2006 - Epicenter Stadium. Park and Recreation Commission: . The next meetinq of the Park and Recreation Commission will take place on Thursday, November 17, 2005. The following items are scheduled to be discussed/acted upon at this meeting: ~ Update on the Senior Advisory Committee. ~ Update on the Sports Advisory Committee. ~ Update on Victoria Gardens Cultural Center project. ~ Consideration of spring/summer 2006 field allocations for youth sports groups. ~ Consideration of waiver of the December 13, 2005, regular meeting of the Park and Recreation Commission. ~ Update from Commissioners on various subcommittees. Rancho Cucamonga Community Foundation: . The Rancho Cucamonga Community Foundation Board of Directors hosted a tour of the Cultural Center construction site for prospective PAL Spotlight Donors on Wednesday, '1<6 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update November 16, 2005 November 9, 2005. Following the tour a special meeting of the Board has held. At this meeting the following agenda items were discussed/acted upon. )> Discussion relating to fund raising efforts and strategies. )> Discussion regarding Community Foundation's operating budget. )> Discussion regarding filling the vacancy on the Foundation's Executive Committee. The Executive Committee will next meet on December 14th and the next regular meeting of the Community Foundation Board of Directors will be on February 8, 2006. Kevin cArd Ie Community Services Director Joe O'Neil City Engineer Dan Coleman Acting City Planner /:ICOMMSERVlCounci/&BoardsICityCouncmStaffReports\2005\update 11. 16. 05.doc Ii' THE C I T Y o F _...._.:.:.::.=-==-===...J RANCIIO CUCAMONGA Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Dawn Haddon, Purchasing Manager SUBJECT: APPROVAL TO ACCEPT MOBILE DATA TERMINALS PREVIOUSLY DECLARED SURPLUS EQUIPMENT AS APPROVED ON OCTOBER 19,2005 RECOMMENDATION It is recommended that the City Council approve the acceptance of the Mobile Data Terminals (MDT's) equipment on the attached list, which was previously declared surplus equipment as approved on October 19, 2005. BACKGROUND The Fire Protection District has recently received information from the County of San Bernardino that Motorola will no longer manufacture the MDT's that were approved for surplus by Council on October j9, 2005. The District requests the Council to approve the acceptance of this equipment back into fixed assets. The MDT's will serve as valuable parts for current equipment that may need to be repaired. Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments so Page 2 APPROVAL TO ACCEPT CITY -OWNED MOBILE DATA COMPUTERS PREVIOUSLY DECLARED SURPLUS ON OCTOBER 19, 2005 RC Fire MDT's Description Serial Number RCF Tag ID Number Mobile Data Terminal 08911 21538 Mobile Data Terminal 08900 21653 Mobile Data Terminal 08910 21654 Mobile Data Terminal 08907 21656 Mobile Data Terminal 07363 21657 Mobile Data Terminal 07360 21658 Mobile Data Terminal 08908 21659 Mobile Da1a Terminal 07361 21661 Mobile Data Terminal 08916 21662 Mobile Data Terminal 08909 21663 Mobile Data Terminal 08907 21664 Mobile Data Terminal 07635 21665 Mobile Data Terminal 07362 21666 Mobile Data Terminal 07380 21667 Mobile Data Terminal 08902 21668 Mobile Data Terminal 08901 21669 Mobile Data Terminal 08904 21670 Mobile Data Terminal 08913 21671 Mobile Data Terminal 08914 21672 Mobile Data Terminal 08905 21673 Mobile Data Terminal 07364 21674 Mobile Data Terminal 08906 21675 51 RANCHO CUCAMONGA ._e__.___.___.____..______J COMMUNITY SERVICES Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director n /. Daniel Schneider, Community Services Supervisor ~ CONSIDERATION OF A REQUEST FROM AL TA LOMA HIGH SCHOOL FOR THE WAIVER OF LIONS CENTER WEST ROOM RENTAL FEES FOR FIVE MENTORSHIP PROGRAM MEETINGS FOR FRESHMAN FEMALE STUDENTS (NOVEMBER 2005 - MAY 2006) IN ORDER TO CONTINUE TO STRENGTHEN THE CITY/SCHOOL DISTRICT PARTNERSHIP. RECOMMENDATION: It is recommended that the City Council approve a request from Alta Loma High School to waive room rental fees for five school related meetings to take place at Lions West beginning December 2005 and continuing through May 2006. BACKGROUND/ANALYSIS: The Community Services Department has received a request to waive fees from Alta Loma High School to hold five meetings at Lions Center West for a Mentorship Violence Prevention program for incoming freshman females. The meetings would begin December 2005 and continue through May 2006. This program is intended to assist incoming freshman female students with a successful transition into high school. The goal of the conference is to teach the female students skills in building healthy relationships, managing anger, resolving conflict, and identifying resiliency strengths while making positive connections to peers and mentors. There will be four counselors that act as program leaders and provide credentialed supervision in addition to fifty upper-class students that serve as mentors and facilitators of the program. Staff recommends that City Council consider the waiver of fees associated with the proposed Mentorship Violence Prevention program as to strengthen the City/School district partnership in regards to the City usage of School facilities. 5J. CITY COUNCIL APPROVAL OF A REQUEST FROM THE ALTA LOMA HIGH SCHOOL TO WAIVE ROOM RENTAL FEES. NOVEMBER 16, 2005 PAGE 2 FISCAL IMPACT: The fiscal impact to the City for the waiver of fees associated with this event is approximately $473.00. Respectfully submitted, Kevin Ardle Community Services Director Attachment /:\COMMSERVlCounci/&Boards\CityCounc/IIStaffReporls\2005\ FeewaiverAltaLomaHighSchool. doc -2- 53 OCT-24-2005 11:53 ALTA LOMA HIGH SCHOOL 909 941 7083 P.01/01 Alia Lorna lIigh School 8880 RueIme RoJ, Al...loma. Cahfm,i.. 91701 . (909) 989-5511 Rill D.dr...uI M../l", MlII.... 110m.. Nallg I...... Wooierg s....I.a Cook P.I.d,.I A.w..l PdodI>J A.I.I..I P.i.dp.I A.I.I..IP.IodpJ D- O/sw..... (!~ ~ October 24, 2005 City of Rancho Cucamonga Community ServiceslLions Center Rancho Cucamonga, California 91701 To Whom It May Concern: Alta Lorna High School has been conducting a violence prevention program for freshman girls for the past four years. Freshman girls have difficulty making a successful transition to high school and experience numerous conflicts, "dramatic episodes", and feel disconnected resulting in an excessive loss of instructional time. The goal of the "Girl Talk" conference is to teach the girls skills in building healthy relationships, managing anger and resolving conflict, and identifying resiliency strengths while making positive connections to peers and mentors, The goal is to decrease suspensions and conflict and increase attendance, academic achievement, and connection to school. Girl Talk has been a collaborative effort. For the past three years the facility has bccn donated by the City of Rancho Cucamonga. Transportation is funded through Safe and Drug Free Schools. The Parent Teacher Association provides snacks and drinks by community donations. The copies for the student folders that present curriculum information is budgeted through he School Safety fund. We are requesting that the City of Rancho Cucamonga continue their support by providing the facility at the Lions Center on: v'November 9th, December 14th, February 15th, March 81h, Apri1141h, and May 24th from 7:30 a.m. to 2:30 p.m. Your continued support will enable UB to provide this opportunity to our 350 freslulllUl girls throughout the year. I thank you in advance for your consideration. 2relY, A . / .~~. anet Troner, . ... School Counselor CL./I."J.... V....lIlsl s.u Di.w.i . II.a" W. c...J..IL.I... s..r " J_. TOTAL P.01 ~~ ~ RANCHO CUCAMONGA COMMUNITY SERVICES Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director (\ /7 J Ryan Samples, Community Services superviso~U/\. CONSIDERATION OF A REQUEST FROM THE AMERICAN CANCER SOCIETY FOR THE WAIVER OF CENTRAL PARK ROOM RENTAL FEES FOR A MONTHLY COMMUNITY MEETING (DECEMBER 7, 2005 THROUGH MAY, 2006) FOR THE RELAY FOR LIFE EVENT. RECOMMENDATION: It is recommended that the City Council approve a request from the American Cancer Society to waive room rental fees for monthly community meetings that will be held at Central Park beginning December 7, 2005 and continuing through May 2006 for the American Cancer Society Relay for Life event. BACKGROUND/ANALYSIS: The City has received a request to waive fees from the American Cancer Society for a series of monthly community meetings at Central Park beginning December 2005 and continuing through May 2006 for the annual Relay for Life event. The meetings will be conducted for the purpose of planning and organizing the annual Relay for Life event that will be held at Los Osos High School in May 2006. It is anticipated that the meetings will be conducted in a portion of the Rancho Cucamonga Hall at the Goldy S. Lewis Community Center at Central Park on the first Wednesday of each month from 5:30 p.m. to 8:30 p.m., beginning December 7, 2005 and continuing through May 2006. The American Cancer Society has requested two meeting dates in May 2006, the first Wednesday (May 3) and an additional date that has yet to be determined. A total of seven meetings will be conducted at Central Park. Staff recommends that City Council consider the waiver of fees associated with the community meetings for the American Cancer Society Relay for Life event as a large portion of the funds raised from the event are directly returned to the community to fund 55 CITY COUNCIL CONSIDERATION OF A REQUEST FROM THE AMERICAN CANCER SOCIETY FOR THE WAIVER OF CENTRAL PARK ROOM RENTAL FEES NOVEMBER 16, 2005 support groups, medical services, informational brochures, educational forums, and other services within Rancho Cucamonga. In addition, the Relay for Life event is completely organized and operated by volunteers to raise funds specifically for those programs and services. FISCAL IMPACT: The fiscal impact to the City for the waiver of fees associated with this event is approximately $300. Kevin cArdle Community Services Director Attachment 1:\COMMSERVlCounci/&BoardsICityCounciI\StaffReports\2005\Fee WaiverAmericanCancerSociety11. 16. 05.doc - 2- 6(0 RANCHO CUCAMONGA - - COMMUNITY SERVICES Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director Nettie Nielsen, Community Services Superintendent RECOMMENDATION FROM PARK AND RECREATION COMMISSION FOR APPROVAL OF STREET BANNER APPLICATIONS AND SCHEDULE FOR CALENDAR YEAR 2006 RECOMMENDATION The Park and Recreation Commission recommends that the City Council approve the attached street banner schedule for calendar year 2006. BACKGROUND/ANALYSIS Annually, the Community Services Department requests applications for banner displays on Base Line Road and Archibald Avenue. According to City policy, only City sponsored events and activities are eligible to display banners. The only exception to this rule applies to those organizations that are supported by the City and have a history of advertising specific events on street banners. These groups provide us a ready-made banner at their cost. The Park and Recreation Commission reviewed the street banner applications and schedule for calendar year 2006 at their October 20, 2005, meeting and recommended approval. FISCAL IMPACT Attachments: Park and Recreation Staff Report Schedule of Banner Displays for Calendar Year 2006 \ S7 RANCHO CUCAMONGA ", ,,",,:,',\<,.),,"",..~.,>0',_;;-" "';':''J",-'.; ~-"'" COMMUNITY ,sERVICE" Staff Report DATE: TO: FROM: BY: SUBJECT: October 21, 2004 Park and Recreation Commission Kevin McArdle, Community Services Director Nettie Nielsen, Community Services Superintendent Jennifer Hunt, Community Services Supervisor APPROVAL OF STREET BANNER APPLICATION AND SCHEDULES FOR CALENDAR YEAR 2006 RECOMMENDATION It is recommended that the Park and Recreation Commission review the attached street banner schedule for calendar year 2006 and recommend approval to the City Council. BACKGROUND/ANALYSIS Annually the Community Services Department requests 'applications for banner displays on Base Line Road and Archibald Avenue. In June 2003, the Park and Recreation Commission approved changes to the Street Banner Policy, clarifying language on eligibility. The policy states that only City sponsored events are eligible to apply for a banner space. The applications for all of the requests are attached to this report along with the banner calendar for the year 2006. The policy also allows department administration to approve additional banners during the year if they meet the policy criteria. Staff is requesting your review and approval of the attached banner display schedule for calendar year 2006. Your recommendation will be forwarded to the City Council in November. itted, Attachments Schedule of Banner Displays for Calendar Year 2006 Street Banner Applications Received 1:\COMMSERVlCouncil&BoardslPark & ReclSlaff Report\2005\slreel banner allocation.10.05.doc 95 S8 SCHEDULE OF BANNER DISPLAYS FOR CALENDAR YEAR 2006 Oraanization Event Event Date Displav Dates Location City- CSD Performing Arts TBD January 16 - February 13 Both City- CSD Ticket Launch VGCC March- TBD February 27 - March 6 Both City- CSD Registration Spring 2006 March 6 - March 20 Both City- CSD Ticket Launch VGCC March-TBD March 20 - March 27 Both Quakes Quakes April 7, 2006 March 27 - April 10 Base Line City- Library National Library Week April 2-8, 2006 March 27 - April 10 Archibald Search/Rescue 10th Annual/RunlWalk April 29, 2006 April 17 - May 1 Archibald City- CSD Wellness Fair April 29, 2006 April 17 - May 1 Base Line City- RDA Business Appreciation May 8 -12, 2006 May 1-May8 Both May8-May14 Base Line CWJD Water Awareness Week May 13,2005 May 8 - May 14 Archibald City-CSD Registration Summer 2006 May 22 - June 5 Both City- Fire Dep!. Car Show June 2006 (Tentative) June 5 - June 12 Both City- CSD Grand Opening VGCC July - August TBD Both City- CSD 4th of July July 4, 2006 June 12 - July 5 Both City- CSD Concerts/Movies July 6 - August 24, 2006 Juiy 5 - July 24 Both July 24 - July 31 Archibald City-Police National Night Out August 1, 2006 July 24 - July 31 Base Line Quakes Quakes April - August, 2006 July 31 - August 14 80th City- CSD Registration Fall 2006 August 14 - August 28 Both City- CSD Mark Christopher Mid September (Tentative) August 28 - September 11 Archibald . Charity Classic City - CSD VGCC Season Launch Mid September (Tentative) August 28 - September 11 Base Line Chamber of Grape Harvest October 6 & 7, 2006 (Tentative) September 25 - October 9 Both Commerce Festival City- Fire Fire Prevention October 8 - 14, 2006 October 9 - October 16 Both City- CSD Founders Day Parade November 11 , 2006 October 30 - November 13 Both City Fire Spark of Love November - December November 27 - December 11 Archibald City- CSD VGCC Holiday Show Mid December (Tentative) November 27 - December 11 Base Line City- CSD Registration Winter 2007 December 11- December 26 80th Update<" WIT/Ins 96 S1 THE r-- C I T Y o F RANCtlO CUCAMONGA Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: Cathy Morris, Planning Specialist SUBJECT: HISTORIC LANDMARK DESIGNATION DRC2005-00377 - RICHARD AND SHARON LEA - A request for Historic Landmark Designation at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19 MILLS ACT AGREEMENT DRC2005-00376 - RICHARD AND SHARON LEA - A request for Mills Act Agreement at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19. RECOMMENDATION: The Historic Preservation Commission unanimously recommends designation of the house located at 8308 Baker Avenue as a Designated Local Landmark and approval of a Mills Act Agreement by adoption of the attached Resolution of Approval and Mills Act Agreement. BACKGROUND: The records indicate that the original structure was built by A. J. Becker, a peach rancher, in 1911. The original structure was described as a Bungalow style home. Sometime between 1911 and 1921, Hiram R. Alderfer took possession of the house. Mr. Alderfer was born approximately 1888 in Souderton, Pennsylvania, and was described as a citrus rancher and dairyman. Hiram Alderfer was an active member of his church, Upland Brethren in Christ Church, serving as a deacon, church treasurer, and as a member of the Board of Trustees. He was also on the Upland College School Board for 15 years. The Alderfers owned the property from 1921 until 1944, selling it to N. Musser in 1944. The Alderfer House is a two-story, irregularly shaped structure of wood and stone construction. This structure is unique because of the combination of surface materials used in the building. ANALYSIS: The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of this house. foD CITY COUNCIL STAFF REPORT DRC2005-00377 - RICHARD AND SHARON LEA November 16, 2005 Page 2 ENVIRONMENTAL ASSESSMENT: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Respectfully submitted, O~ Dan Coleman Acting City Planner DC:CM\ma Attachments: Exhibit A - Historic Preservation Commission Staff Report dated September 28,2005 Exhibit B - Mills Act Agreement for Mills Act Application DRC2005-00377 Draft Resolution of Approval for Landmark Designation DRC2005-00377 t,/ THE C I T Y o F w; ~h.l.' ;'<fl,};',,"'r';',;-;; -.f ki;.;"'","hiiH..0';;,),\'-~.i';">'-f"\/.,.'",,,,,, . :1. ';I._\c";,V~'< ,,,."'0 'i; ',. "'c' .~iC RANClIO CUCAMONGA '. H~~<:''''i,,;M.0';'jIi.;n,A'l<H."lff,c Staff Report DATE: September 28, 2005 TO: Chairman and Members of the Historic Preservation Commission FROM: Dan Coleman, Acting City Planner BY: Cathy Morris, Planning Specialist SUBJECT: HISTORIC LANDMARK DESIGNATION DRC2005-00377 - RICHARD AND SHARON LEA - A request for Historic Landmark Designation at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19. MILLS ACT AGREEMENT DRC2005-00376 - RICHARD AND SHARON LEA - A request for Mills Act Agreement at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19. BACKGROUND: The records indicate that the original structure was built by A. J. Becker, a peach rancher, in 1911. The original structure was described as a Bungalow Style home. Sometime between 1911 and 1921, Hiram R. Alderfer took possession of the house. Mr. Alderfer was born approximately 1888 in Souderton, Pennsylvania, and was described as a citrus rancher and dairyman. Hiram Alderfer was married to Mary R. Alderfer until his death in October 1969. Mary and Hiram had six children, two sons and four daughters. Hiram Alderfer was an active member of his church, Upland Brethren in Christ Church, serving as a deacon, church treasurer, and as a member of the Board of Trustees. He was also on the Upland College School Board for 15 years. Both of their sons, A. James Alderfer and Owen H. Alderfer became physicians. A. James Alderfer was a prorninentlocal physician until his death in October 2000, Dr. A. James Alderfer served with the 216th Armored Medical Battalion, 16th Armored Division, part of General George Patton's 3rd Army in its drive through Germany and Czechoslovakia in the winter and spring of 1945. Dr. Alderfer served as Chief of Staff at San Antonio Community Hospital in Upland, and served on many boams and-foundations. He was also a lifelong member of the Brethren of Christ Church, first in Upland, then in Alta Loma. EXHIBIT A cc. 1/_/(" -or-- t,z PLANNING COMMISSION STAFF REPORT DRC2005-00377 AND DRC2005-00376 - RICHARD AND SHARON LEA September 28, 2005 Page 2 ANALYSIS: A. General: The Alderfer House is a two-story, irregularly shaped structure of wood and stone construction. The roof is a high cross gable with composition shingles. The eaves are enclosed and the rafters are exposed. A dormer extends out from the second story, with a sundeck on the south side. The upper story wall material is stucco and the lower story wall is river rock. The windows are double hung with wood trim. The windows located on the first floor are recessed into the walls with a wide concrete. The large picture windows, with narrow double hung windows on either side, are located on each side of the front door. The front door is wood and glass with narrow panels of glass surrounding a large rectangular glass panel. A porch in a front gable extension is of rock construction with arches of stone. The front steps are side approach and are of concrete. The foundation is river rock. The landscaping includes large trees and mature hedges along the sidewalk. This structure is unique because of the combination of surface materials used in the building, The lower portion of the structure is constructed entirely of river rock, as is the front porch. The second story is constructed of wood and stucco. The assessor's records indicated that there was a building on this particular site prior to 1928. Given the type of construction, it appears that this was originally a single-story structure of stone construction. Hiram A. Alderfer possibly added a second story onto the structure in 1928. since the valuation changed from $400 to $1,600 for improvements. It is unknown what the circumstances were leading to this. It may be possible that the structure was involved in a fire, and then rebuilt using the existing stone walls. The Alderfer's owned the property from 1921 until 1944, selling it to N. Musser in 1944. B. Landmark Desiqnation: The subject site and structure certainly qualify for a landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance including: historical, cultural, architectural, and neighborhood and geographic settings. Details concerning these areas of significance are contained in the Facts for Findings section. The requested designation area inCludes the subject lot and residence. C. Mills Act Aqreement: In accordance with the City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference (Exhibit C). The concept of the Mills Act is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. Through the reduction of property taxes, the property owner is encouraged to reinvest the money saved from the reduced property tax and use it on improvements to the property. The properties that enter into the agreement are to be inspected by the City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. The exact amounts of annual property tax savings to the owner are dependent upon the County Assessor's property valuation that is based on income potential and the capitalization rate at the time of assessment. The current property tax is $2,199.83 per year and the estimated property tax with an approved Mills Act contract will be approximately $1,235.00, a reduction of $964.83. ~3 PLANNING COMMISSION STAFF REPORT DRC2005-00377 AND DRC2005-00376 - RICHARD AND SHARON LEA September 28, 2005 Page 3 D. Environmental Assessment: The project is categorically exempt under Class 3.e of the Guidelines for the California Environmental Quality Act. FACTS FOR FINDINGS: A. Historical and Cultural Sianificance: 1. Findina: The proposed landmark is particularly representative of an historic period, type, style, region, or way of life. Fact/s: The property identifies a historic period of the early 1900's when grove, vineyard production and ranching was at its prime in the community and the region. The residence is an example of a house, which was common at the turn of the century. 2. Findina: The proposed landmark is a greater age than most of its kind. Fact/s: The landmark-eligible property is 77 years old and an example of wood and stone construction. 3. Findina: The proposed landmark was connected with someone renowned or important or a local personality. Fact/s: The house was originally built by A.J. Becker in 1911 and rebuilt as it is today by Hiram Alderfer in 1928. 4. Findina: The proposed landmark is connected with a business or use, which was once common but is now rare. Fact/s: The residence is indicative of the style and design used by the once prevalent, but now rare, rural grove, ranch, and farm houses. B. Historic Architectural and Enaineerina Sianificance: 1. Findina: The overall effect of the design of the proposed landmark is beautiful or its details and materials are beautiful or unusual. Fact/s: The wood and stone is preserved and artfully incorporated into the residence. The roof is a high cross gable with wood shingles. The eaves are enclosed and the rafters are exposed. C. Neiahborhood and Geoaraphic Settina: 1. Findina: The proposed landmark materially benefits the historic character of the neighborhood. Facts: The proposed landmark contributes to the variety and historical continuity of the neighborhood. (,'1 PLANNING COMMISSION STAFF REPORT DRC2005-00377 AND DRC2005-00376 - RICHARD AND SHARON LEA September 28, 2005 Page 4 2. Findinq: The proposed landmark, in its location, represents an established and familiar visual feature of the neighborhood, community, or city. Factls: The residence and its mature landscaping represent a significant identifiable feature and thereby contributes to the entire neighborhood. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission approve the attached Resolution for Historic Landmark Designation DRC2005-00377 and recommend approval, by minute action, to the City Council for the Mills Act Agreement. an Coleman Acting City Planner DC:CM/ge Attachments: Exhibit A - Site Location Map Exhibit B - Photograph Exhibit C - Agreement Schedule List of Improvements Resolution Recommending Approval for Historic Landmark Designation DRC2005-00377 ~s -- I-uok: ~ E B 300 , o 300 600 Feet 00 DRC2005-00377 (Landmark Designation) DRC2005-00376 (Mills Act Contract) .. Subject Property fli',,1300 FT Notification Map EXHIBIT A / ~, EXHIBIT B /,1 City of Rancho Cucamonga Historic Preservation Commission MILLS ACT AGREEMENT SUPPLEMENTAL: (To be completed by the Applicant) Please list the improvements which are intended to take place over the next 10 years. List them in order of owner's priority. . I YEAR I IMPROVEMENT I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhi it attached to the Mills Act Agreement. Date: ~/,;.o /Iir:- I Signature: EXHIBIT C (,/6 RECORDING REQUESTED BY and when RECORDED MAIL TO: City clerk, city of Rancho Cucamonga P.O. BOx 807 Rancho cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this 16th day of November, 2005, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "city") and Richard and Sharon Lea (hereinafter referred to as the "owner"). WIT N E SSE T H A. Recitals. (i) california Government Code section 50280, et seq. authorize cities to enter into contracts with the OWners of qualified Historical property to provide for the use, maintenance and restoration of such Historical property so as to retain its characteristics as property of historical significance; (ii) OWner possesses fee title in and to that certain real property, together with associated structures and improvements thereon; commonly known as the Alderfer House and generally located at the street address 8308 Baker Avenue, EXHIBIT B -1- r Cc 1/-/& - (!)S> t,q Rancho Cucamonga, CA 91730 the "Hi stori c property"). attached hereto, marked as reference; (hereinafter such property shall be referred to as A 1 ega 1 descri pti on of the Hi stori c Property is Exhi bi t "A" and is incorporated herei n by thi s (i i i) On September 28, 2005, the ci ty counci 1 of the ci ty of Rancho Cucamonga adopted its Resolution NO.Os- thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of chapter 2.24 of the Rancho Cucamonga Municipal code; and, (iv) city and OWner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Chapter 3, of Part 2, of Division 1 of the california Revenue and Taxation Code. B. Aareement NOW. THEREFORE, City and OWner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Aareement. This Agreement shall be effective and commence on November 16, 2005, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non renewal is mailed as provided herein. If either OWner or city desires in any year not to renew the Agreement, OWner or city shall serve written notice of non renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. unless such notice is served by OWner to city at least 90 days prior to the annual renewal date, or served by city to OWner at least 60 days prior to the annual renewal date, one year shall automatically be added to -2- 10 the term of the Agreement as provided herein. OWner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWner of nonrenewal. If either City or OWner serves notice to the other of non renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Hi stori cal Propertv. Agreement, the Historic property shall be subject to requirements, and restrictions: During the term of this the following conditions, a. OWner shall preserve and mai ntai n the characteri sti cs of historical significance of the Historic property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. OWner shall, where necessary, restore and rehabilitate the property accordi ng to the rules and regul ati ons of the offi ce of Hi stori c preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the city council, attached hereto as Exhibit "c." c. OWner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine OWner's compliance with the terms and provisions of this Agreement. 4. provision of Information of Corporation. OWner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 7/ 5. cancellation. city, following a duly noticed public hearing as set forth in California Government code Sections 50280, et seq., may cancel this Agreement if it determines that OWner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the OWner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, OWner may be subject to payment of those cancellation fees set forth in california Government code sections 50280, et seq. 6. Enforcement of Aareement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, city may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by OWner, City shall give written notice to OWner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the city within 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or defaul t may be commenced wi thi n 30 days and must thereafter be diligently pursued to completion by OWner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of OWner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by OWner or apply for such other relief as may be appropriate. city does not waive any claim of default by owner if city does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwi se provi ded for in thi s Agreement or in ci ty' s regul ati ons governing historic properties are available to the city to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under thi s Agreement shall be deemed to be a wai ver of any other subsequent breach thereof or default herein under. -4- 72 7. Bi ndi na Effect of Aareement. The owner hereby subjects the Historic property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. City and owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the owner's successors and assigns in title or interest to the Hi stori c Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and OWner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the 1 and in that owner' s 1 egal interest in the Hi stori c property is rendered 1 ess val uabl e thereby. Ci ty and OWner hereby further decl are thei r understandi ng and intent that the benefi t of such covenants, reservati ons, and restri cti ons touch and concern the 1 and by enhanci ng and mai ntai ni ng the hi stori c characteri sti cs and si gni fi cance of the Hi stori c property for the benefit of the public and owner. 8. Noti ce. Any noti ce requi red to be gi ven by the terms of thi s Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. TO City: City of Rancho cucamonga 10500 civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City planner TO OWner: Richard and sharon Lea 8308 Baker Avenue Rancho Cucamonga, CA 91730 -5- 15 9. General provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. OWner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of OWner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. OWner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of OWner's acti vi ti es in connecti on wi th the Hi stori c property. Thi s hol d harml ess provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefi t of the parti es he rei n, thei r hei rs, successors, 1 ega 1 representatives, assigns and all persons acquiring any part or portion of the Historic property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevai 1 i ng party in such proceedi ng may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- i1 e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the State of california. 10. Recordation. NO later than 20 days after the parties execute and enter into this Agreement, the city shall cause this Agreement to be recorded in the office of the County Recorder of the County of san Bernardino. The OWner shall be responsible for any fees required by the County for recording this Agreement. 11. Amendments. only by a written recorded This Agreement may be amended, in whole or in part, instrument executed by the parties hereto. IN WITNESS WHEREOF, City and owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: William J. Alexander, Mayor Dated: By: OWner Dated: By: OWner -7- ~ STATE OF CALIFORNIA) ) ss. COUNTY OF SAN BERNARDINO) On , Kathryn L. Scott, Deputy City clerk of the city of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kathryn L. Scott Deputy City Clerk City of Rancho cucamonga STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) -8- 1~ LEGAL DESCRIPTION for Alderfer House 8308 Baker Avenue Rancho cucamonga, CA 91730 In care of Applicant: Richard and sharon Lea 8308 Baker Avenue Rancho cucamonga, CA 91730 parcel Map 6011 parcel No. 2 Exhibit "A" -9- 71 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonabl e effort shall be made to provi de a compati bl e use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or si te, and its envi ronment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when po~sible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. changes which may have taken place in the course of time history and development of a building, structure, environment. are evidence of the or site, and its 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the most gentle means possible. sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. 9. contemporary desi gn for alterati on and addi ti ons to exi sti ng properti es shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 10. wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit "B_1" -10- 7~ PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. oi 1 api dated, deteri orati ng, or unrepai red structures, such as: roofs, doors, walls, and windows; fences, 2. scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetati.on which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" -11- 7'1 POTENTIAL HOME IMPROVEMENTS for * (Applicant's Name and Address) The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation commission's staff. ITEM YEAR TASK 1. 200* * EXHIBIT "e" -12- <60 RESOLUTION NO. 05- $6'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION DRC2005-00377 DESIGNATING THE ALDERFER HOUSE, LOCATED AT 8308 BAKER STREET AS A HISTORIC LANDMARK; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-583-19. A. Recitals. 1. Richard and Sharon Lea filed an application for Landmark Designation DRC2005-00377, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On September 28, 2005, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On November 16, 2005, the City Council held their meeting and approved Landmark Designation DRC2005-00377. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts setforth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 1/2 acre of land, basically a square configuration, located at 8308 Baker Street. 3. Based upon substantial evidence presented to this Council, including minutes of the public hearing by the Historic Preservation Commission on September 28, 2005, written and oral staff reports, together with public testimony, and pursuant to Section 2.24,090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: Facts For Findinq: A. Historical and Cultural Siqnificance: 1. Findinq: The proposed Landmark is particularly representative of a historic period, type, style, region, or way of life. Fact/s: The property is an excellent example of the agricultural period of the Cucamonga area, also exemplifying the livelihood of many settlers in this region. 2. Findinq: The proposed landmark is of greater age than most of its kind. <if! CITY COUNCIL RESOLUTION NO. LANDMARK DESIGNATION DRC2005-00600 November 16, 2005 Page 2 Factls: The original Bungalow was built in 1911, with a subsequent addition in 1928. 3. Findinq: The proposed Landmark was connected with someone renowned or important or a local personality. Factls: A. J. Becker, a peach rancher, built the original structure in 1911. The subsequent structure to be land marked was built by Hiram R. Alderfer in 1928, who was a citrus rancher and dairyman. Mr. Alderfer was an active member of the community and his church. 4. Findinq: The proposed landmark is connected with a business or use, which was once common but is now rare. Factls: Citrus ranching represents one of the most popular agricultural livelihoods in the area. Citrus groves were once seen throughout the region, but are now a rare sight. B. Historic Architectural and Enqineerinq Siqnificance: 1. Findinq: The overall effect of the design of the proposed landmark is beautiful or its details and materials are beautiful or unusual. Factls: The wood and stone is preserved and artfully incorporated into the residence. The roof is a high cross gable with wood shingles. The eaves are enclosed and the rafters are exposed. C. Neiqhborhood and Geoqraphic Settinq: 1. Findinq: The proposed landmark materially benefits the historic character of the neighborhood. Factls: The proposed landmark is the location of one of the early citrus groves and is reminiscent of the agricultural days. 4. This Council hereby finds that the project has been reviewed and considered in compliance wi1h the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, as Landmark Designations are exempt under CEQA, section 15331 as a Class 31 exemption (historical resource/restoration/rehabilitation). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Landmark Designation DRC2005-00377. 6. The Mayor shall certify to the adoption of this Resolution. </l. THE C I T Y o F RANCUO CUCAMONGA Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: Tabe van der Zwaag, Assistant Planner SUBJECT: CONSIDERATION OF A PUBLIC CONVENIENCE AND NECESSITY - DRC2005-00896 - ALLURA FARM DAIRY (VANNAC DY) - A request to determine a Public Convenience and Necessity for a Type 20 off-sale beer and wine license for a convenience store in the General Commercial District, located on the east side of Grove Avenue and south of 9th Street - APN: 0207-252-89. RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience and Necessity for Allura Farm Dairy through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS: A. BackQround: Allura Farm Dairy is an existing drive-through convenience store located on the east side of Grove Avenue and south of 9th Street. The convenience store sells a limited selection of food and drink items. It is open 7 days a week from 7:00 a.m. to 8 p.m., Monday through Saturday and from 8:00 a.m. to 6:00 p.m. on Sundays. B. Requirements from Deoartment of Alcohol BeveraQe Control: The Department of Alcohol Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to population of the census tract. According to ABC staff, the off-sale and on-sale licenses in this census tract (0021) total 23, 6 over the limit of 17 licenses. San Bernardino County has placed a moratorium on all new ABC licenses and requires a finding of Public Convenience by the local agency (as governed by Section 23958 of the Business and Professional Code) to approve additional licenses in census tracts that surpass the limit. The legislation purposely left the term "Public Convenience and Necessity" undefined so that the local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. ~~ CITY COUNCIL STAFF REPORT DRC2005-00896 - ALLURA FARM DAIRY November 16, 2005 Page 2 C. Facts To SUDDort A Public Convenience and Necessitv Determination: 1. Fact: A convenience store selling general food items along with alcoholic beverages is a common and accepted business. 2. Fact: The site is located on the east side of Grove Avenue and south of 9th Street; Grove Avenue is designated as a local street and is the boundary line between Rancho Cucamonga and Upland. The limited size of the applicant's convenience store makes it well suited to the neighborhood in which it is located. 3. Fact: The census tract in which the site is located (0021) includes the Ontario Mills shopping center in the city of Ontario, which has a large concentration of restaurants with alcohol licenses. The Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, which greatly limits any negative effect the large concentration of alcohol licenses will have on the residents of Rancho Cucamonga. 4. Fact: With the addition of alcoholic beverages to the selection of general food items provided by the convenience store, Rancho Cucamonga residents would be afforded more convenient shopping opportunities CONCLUSION: Based on the above analysis, staff finds that the off-sale beer and wine (Type 20) license at the site will not have a negative impact to the surrounding uses. Respectfully submitted, 1) Dan Coleman Acting City Planner DC:TV/ma Attachments: Exhibit A - Aerial Map Exhibit B - Census Map Exhibit C - ABC Application Work Sheet Resolution of Approval for Public Convenience and Necessity DRC2005-00896 ~~ ~Q) .= ::J co C 0> E<( So... Q) co > lLe ~ <.9 pi _ """r,-. _, _..A~~ -' . ....J V" I ' ,.t ~ ., 7'>f~ --.. ~ <( ~. ..r I. ., ~ ".;: , ~~-;';;o;",,~~'.,~,C.~'~~_'~~i;;.'~~';~'~'; , ~ ~ z ~l~ ~~~ r/) EXHIBIT A :<- ~5 >- J- - (f) (f) W o W Z 0<0 zm <(~ WO oJ, zo WO _N ZO Wet: >0 Z o o o - ....J CO ::J 0... " Q) Ot: .~ ~ co .- - Q) 1OL...I> CJ E 0 o s... '- ...JcoC) +J LL. " CJcoz Q)s..._ "~ :::s ..., 0_0 '- -<( 00 a.. 00 i I _._'- . \ i . .....' . ",- I _.___.LO_ iI . . I rC:;>j . \'C_-~/-J'Og r -_~._!.n_. ~ .' 'i I " ---C-\nJ } tit 'C. " /' , , -\-- "I,~ ~ 1'0 N o '7"iO '\ I' /l"' LJ,ol w . .. - l-- I fi...-: o 'lit) l I - , . 'O::J: . · ~~~.- -.... "---"'0- ~.- "-~' "S:' i ,N ~ . I s--' ~"a1'd8IH~~'o' "; ..,.,-..:g.u-- - cO' "' .', --- J..; "'" "\ ; :: , --......- C " C 'N ! I I g /i\l 0.1 0, I , -y :::! 0 ::J: 0:: I- 0:: 8 <( LL 0) o " C N o o z z .~ ~ i ! )f:J3~O Ava ~31S3HOO~ N 0') o o ._,.""", ""-"y "',-~ ; . .~ -'. > M, ; ~_q_L_J .-... ~ N'o'Il3~~'o'O o ; ~c::r-3~iHdd\iS' f ., j ::J: ::J: I- I- eg ..". lVQ1M'L3 \0 . EXHIBIT B LI~~ .. ! N3>tml1W . (N3t'o'H 'o'SOW~3HJ U'~'l"'" : 0 I,,: M p 13HO I 0 r~'o' A3NI^ u J3^O~~ ::J: I- co 'tt, m'd l1::IlOl 23958.4 B & P APPLICA nON WORK SHEET PRE~. ~/~O LICENSE TYPE: 1)0 - ~ ~ CRIME REPORTING DISTRICf Total number of offenses: :Jurisdiction unable to provide statistical data. Average number of offenses per dl 120% of average number of offenses: Total offenses in district: Location is within a high crime reporting district: Yes 2. CENSUS TRACT UNDUE CONCENTRATION CensusTract:~. Population ICounty Ratio 1.1 1--fJ Number oflicenses allowed: Number of existing licenses: Undue concentration eXists:~O Letter of public convenience or necessity required' Three time publication required: eo ~&A __ nvestigator Supervisor Person Taking Application EXHIBIT C l::JJ =to 31l::J1S '?7 55:111> 500G-c.-1JD RESOLUTION NO. 05- E I (j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 8809 GROVE AVENUE - APN: 0207-252-89. A. Recitals. 1. Allura Farm Dairy filed an application for Public Convenience and Necessity DRC2005-00896, as described in the title of this Resolution, for a Type 20 (off-sale beer and wine) license from the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 16th day of November 2005, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds 1hat all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced meeting on November 16, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: a. A convenience store selling general food items along with alcoholic beverages is a common and accepted business; and b. The site is located on the east side of Grove Avenue and south of 9th Street; Grove Avenue is designated as a local street and is the boundary line between Rancho Cucamonga and Upland. The limited size of the applicant's convenience store make it well suited to the neighborhood in which it is located. c. The census tract in which the site is located (0021) includes the Ontario Mills shopping center in the city of Ontario, which has a large concentration of restaurants with alcohol licenses. The Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, which greatly limits any negative effect the large concentration of alcohol licenses will have on the residents of Rancho Cucamonga. d. With the addition of alcoholic beverages to the selection of general food items provided by the convenience store, Rancho Cucamonga residents would be afforded more convenient shopping opportunities. ~<o CITY COUNCIL RESOLUTION NO. 05- DRC2005-00896 - ALLURA FARM DAIRY November 16, 2005 Page 2 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the issuance of an off-sale liquor license for Allura Farm Dairy will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in Paragraphs 1 , 2, and 3 above, this Council hereby determines that the issuance of an off-sale liquor license for Allura Farm Dairy will service the Public Convenience and Necessity. 5. The City Clerk shall certify the adoption of this Resolution. S1 RANCHO CUCAMONGA I i;1g'R,j,;';:,~tf< ';,".c:f:-'..-- ,\''f?Ji;I~~1; "," 1, .0.", .-;.,;"1,""" 0.;,.,,-'. 'j ENGINEERING DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Bob Zetterberg, Integrated Waste Coordinator APPROVAL OF A CONSUMER PRICE INDEX (CPI) ADJUSTMENT AND LANDFILL FEE INCREASES BY FRANCHISED HAULERS, BURRTEC WASTE INDUSTRIES, INC. & WASTE MANAGEMENT OF THE INLAND EMPIRE, AS PER THEIR CONTRACT AGREEMENT, TO BE EFFECTIVE WITH THE NOVEMBER 2005 BILLING RECOMMENDATION: Staff recommends City Council grant Burrtec Waste Industries, Inc. (Burrtec) and Waste Management of the Inland Empire (Waste Management) a 4.1 % rate adjustment, landfill pass through fees and greenwaste disposal costs, effective November 1, 2005. BACKGROUND/ANALYSIS: In 1986 Council approved a franchise agreement with Burrtec and Waste Management. At that time, the services provided by the two haulers were primarily residential and commercial waste removal. Beginning in the early 1990's, services were added in addition to standard waste removal, and they include the following: . 1993 - Curbside recycling . 1995 - Greenwaste recycling . 2001 - Automated trash pickup . 2001 - Bulky item pickup . 2003 - Business select load recycling . 2003 - Construction & Demolition recycling program ~f) CITY COUNCIL STAFF REPORT CONSUMER PRICE INDEX ADJUSTMENT FOR SOLID WASTE AGREEMENTS NOVEMBER 16, 2005 PAGE 2 Though additional services have been added through the years for the benefit of residents and local businesses, the last increase to be imposed for solid waste removal was in '1994. Staff has reviewed the rate increase proposed by Burrtec and Waste Management, and based on the information submitted to staff; the increase is a result of the following factors: . Increased fuel costs . Increased employee costs . Increase in tipping/pass through fees at the landfill ($3/ton/household/year increase) . Increase in recycling costs . Increase in greenwaste disposal costs ($1/ton/household/year increase) Following these cost factors, Burrtec and Waste Management are requesting a 4.1 % increase in rates, which directly reflects the increase in the CPI for the last half of 2004, and the first half of 2005. This increase is projected to cover the increased expense for those cost factors listed above. Also, included in the proposed rate is a $3/ton/household/year increase in tipping fees imposed by San Bernardino County who operate the landfill, and a $1/ton/household/year increase for greenwaste disposal imposed by the greenwaste disposal facilities. These cost factors are added into the increase based on their total, $3/year & $1/year respectively, divided over a period of 12 months. This adjustment, if approved, will increase the residential rate from $19.30/20.00* per month, to $20.40/21.13* per month (* indicates a $.70 rate difference for residents located above Banyan as per the agreements). This amounts to a total increase of $1.10/1.13* per month, per household. Rates for multi-family residential units will increase from $18.30/19.00* per month to $19.40/20.13*,and senior rates will adjust from $12.90/13.40* per month to $13.67/14.16* per month. Commercial rates will also be adjusted accordingly. Attached to this staff report is Exhibit "A", which identifies all of the current fees and all of the proposed fees pertaining to this increase. Respectfully Submitted, Lj({ (VI~J William J. O'Neil City Engineer WJO:BZ:ED Attachments: Exhibit "A" and Resolution No. tt/ EXHIBIT A CITY OF RANCHO CUCAMONGA PROPOSED RATE INCREASE Current Proposed Current Service Type Rate Rate Service Type Rate Residential Service (South of Banvan) Commercial Trash Service Standard $ 19.30 $ 20 AO Size Freq Senior $ 12.90 $ 13.67 1.5 1 $ 84.55 Multi-Family - per unit $ 18.30 $ 19.40 1.5 2 $ 123.95 1.5 3 $ 162.55 Residential Service (North of Banvan) 2 1 $ 94A5 Standard $ 20.00 $ 21.13 2 2 $ 142.95 Senior $ 13AO $ 14.16 2 3 $ 191.70 Multi-Family - per unit $ 19.00 $ 20.13 3 1 $ 113A5 3 2 $ 174.00 Residential Service - Extra Barrels 3 3 $ 235.10 Extra Trash Barrel $ 5.00 $ 6.00 3 4 $ 295.85 Extra Recycling Barrel $ - $ 1.00 3 5 $ 356.55 3 6 $ 417.80 Residential Sino Ie & Multi-Family Bin Service 4 1 $ 132.20 Size Freq 4 2 $ 208.45 3 1 $ 102.10 $ 107.75 4 3 $ 284.50 3 2 $ 157.70 $ 167.07 4 4 $ 360.50 3 3 $ 213.30 $ 226.41 4 5 $ 436.50 3 4 $ 268.90 $ 285.76 3 5 $ 324.75 $ 345.35 3 6 $ 379.52 $ 403.83 4 6 $ 512.70 6 1 $ 157.10 Temporary Bins $ 82.80 $ 87.11 6 2 $ 263.20 Temporary Bins - Extra Pick-Up $ 50.75 $ 87.11 6 3 $ 369.30 6 4 $ 475.65 6 5 $ 581.75 6 6 $ 687.80 RolI-Ofts 10 yard $ 419.10 $ 445.67 Commercial ComDactor Trash Service 20 yard $ 419.10 $ 445.67 Size Freq 40 yard $ 419.10 $ 445.67 3 1 $ 170.15 40 yard compactor $ 628.65 $ 670.09 3 2 $ 261.00 Relocation Fee $ 50.00 $ 52.05 3 3 $ 352.65 3 4 $ 443.75 3 5 $ 534.80 3 6 $ 626.70 4 1 $ 198A5 4 2 $ 312.65 4 3 $ 426.75 4 4 $ 540.75 4 5 $ 654.75 4 6 $ 768.85 Proposed Rate $ 88.75 $ 130.52 $ 171A3 $ 99.28 $ 150.73 $ 202.46 $ 119.56 $ 184.D7 $ 249.13 $ 313.83 $ 378A8 $ 443.72 $ 139.56 $ 220.90 $ 302.02 $ 383.09 $ 464.15 $ 545.44 $ 166.46 $ 279.83 $ 393.19 $ 506.82 $ 620.19 $ 733.50 $ 179A5 $ 276.37 $ 374.11 $ 471.29 $ 568.40 $ 666AO $ 209.70 $ 331.72 $ 453.61 $ 575A1 $ 697.20 $ 819.10 qL RESOLUTION NO. 05-.3-11 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RATES FOR RESIDENTIAL AND COMMERCIAUINDUSTRIAL REFUSE COLLECTION WITHIN THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City Of Rancho Cucamonga recognizes that effective November 1, 2005, an increase in labor costs, increases in fuel costs, increases in the cost of greenwaste disposal, increases in tonnage fees as implemented by the County of San Bernardino, and WHEREAS, the City Council of the City of Rancho Cucamonga has determined due to these increases, it is necessary for the efficient operation and management of the residential and commercial/industrial refuse collection service within Rancho Cucamonga, that solid waste disposal rates be adjusted as follows: Charges for Service - Residential. A. Basic Individual Residential Unit rate utilizing curb service and individual payment. 1. Monthly rate $ 20.40 per service 2. Monthly rate differential for service north of Banyan Street $21.13. 3. Monthly rate for Seniors $ 13.67 4. Senior citizen shall be anyone sixty-two (62) years of age, head of household, and have a request with the permittee. B. Multiple Residential Unit rate utilizing curb service and group payment. 1. Monthly rate shall be $19.40 per unit 2. Monthly rate differential for service above Banyan Street $20.13 per unit. C. Extra Barrel Service rate: 1. Refuse $6.00 2. Recycle $1.00 tt~ RESOLUTION NO. November 16, 2005 Page 2 Residential Single Family & Multi-family Home Refuse Bin Service BIN SIZE FREQUENCY RATE 3 1 $107.75 3 2 $167.07 3 3 $226.41 3 4 $285.76 3 5 $345.35 3 6 $403.83 Commercial Rate Bin Service BIN SIZE FREQUENCY RATE 1.5 1 $ 88.75 1.5 2 $130.52 1.5 3 $171.43 2 1 $ 99.28 2 2 $150.73 2 3 $202.46 3 1 $119.56 3 2 $184.07 3 3 $249.13 3 4 $313.83 3 5 $378.48 3 6 $443.72 4 1 $139.56 4 2 $220.90 4 3 $302.02 4 4 $383.09 4 5 $464.15 4 6 $545.44 6 1 $166.46 6 2 $279.83 6 3 $393.19 6 4 $506.82 6 5 $620.19 6 6 $733.50 Commercial/Refuse Compactor Bin Service BIN SIZE Frequency Cost 3 1 $ 179.45 3 2 $ 276.37 3 3$374.11 3 4 $ 471.29 3 5 $ 568.40 3 6 $ 666.40 4 4 4 4 4 4 1 $ 209.07 2 $ 331.72 3 $ 453.61 4 $575.41 5 $ 697.20 6 $ 819.10 ROLLOFFS Size Tonnage Rate 10 Yard 6 $ 445.67 20 Yard 6 $ 445.67 40 Yard 6 $ 445.67 40 yd Compactor 10 $ 670.09 Relocate Fee $ 52.05 q~ RESOLUTION NO. November 16, 2005 Page 3 NOW, THEREFORE, the City Council of the City Of Rancho Cucamonga does hereby resolve that the rates listed above become effective November 1, 2005: '15 RANCHO CUCAMONGA l>/:;'>>-'_~"'!ii:it:0f.r;Pif:;!jS, ':!i(!1Jl';;iicA', ,<;>srt!Lbm!~-+:; '''' 'yth' :;:_:f~-_,,;;:;];:>';l\(;;-',_~ fNGINllRING DlPARTMlNT Staff Report DAlE: TO: FROM: BY: SUBJECf: November 16, 2005 Mayor and Members ofthe City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty Miller, Associate Engineer APPROVAL OF A REIMBURSEMENT AGREEMENT, SRA-38, FOR IMPROVEMENTS TO BANYAN STREET WEST OF BLUEGRASS A VENUE, IN CONJUNCTION WITH THE DEVELOPMENT OF THE RANCHO ETIWANDA PROJECT (ELEMENTARY SCHOOL FRONTAGE IMPROVEMENTS), LOCATED ON THE SOUTH SIDE OF BANYAN STREET BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13812, SUBMITTED BY RANCHO ETIWANDA 685, LLC, AND APPROVAL TO APPROPRIATE $200,000.00 FROM TRANSPORTATION FUND BALANCE TO ACCOUNT NUMBER 11243035650/1026124-0 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for street and parkway improvements on Banyan Street, between Bluegrass Avenue and the west boundary of Tract 13812, in conjunction with the development of the Rancho Etiwanda Project, adjacent to John L. Golden Elementary School, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS As set forth in Development Agreement DA 00-02, the Developer, Rancho Etiwanda 685, LLC, was required to install Banyan Street, between Day Creek Boulevard and Bluegrass Avenue (formerly Hanley). The Developer completed the full width street improvements with the frontage improvements to the elementary school that preceded Rancho Etiwanda Infrastructure Phase 1. Parkway community trail and landscape (LMD) improvements took longer, as a retaining wall needed to be designed. The developer of Tract 13812 , on the south side of Banyan Street, deposited a $200,000.00 cash contribution in lieu of construction for half of Banyan Street (formerly Summit Avenue) from Bluegrass Avenue to the centerline of the Southern California Edison right-of-way that was subsequently declared surplus and purchased for development by Rancho Etiwanda 685, LLC. q{, CITY COUNCIL STAFF REPORT Reimbursement Agreement, SRA-38, Banyan Street Improvements November 16,2005 Page 2 This deposit will be used to reimburse the Developer for street, community trail and LMD improvements on the south side of Banyan Street between Bluegrass Avenue and the west boundary of Tract 13812. The Developer has submitted an itemized accounting of the construction costs for the required ofT site street, community trail and LMD improvements. Staff has reviewed and concurs with the submittal. The total cost of said improvements was $330,312.48. This exceeds the $200,000.00 available on deposit, so the lesser amount will be reimbursed. COMMUNITY DEVELOPMENT SERVICES ENGINEERING DNISION Respectfully submitted, ~ t/t CvJ William J. O'Neil City Engineer WJO:BM:pjb Attachments CJ7 / / ~ f/ ____ ~/ .~~~\ II II L---- -------- ~--- - /~. ~t..J..::l'/;y1.1- I- ~ ::-i-~"" "'''''.~ t-'--' l-_ , . ..\~ : .' ." c=r= ;:: '--- 1>l.! .1\:-_...... u" r-I-- f-- .' . 0 . . .~A "f ., I- '--- / '" ~-~ """/011'~} ::: r:1- f--- L- . ,," ./ . ..~ _ _ _ ,Jo"\ ."?a:" " C' _ / fl II ~ --:; = ." '''!(\U ~c> _ ,,'.' >'/~Ir-X~~~Y. ~m ~:'"~." ,,,' rS .lliLJJH f-- '{lI)W~~'-';; Pn,~ ~\)A" rOh-IH.llJILI r::(t::::.}---y ~~ ~,(" ~1n.llllll t-, C 'VI ~. ;:IL IIIJLl &JIIIIJI..L "' '111'- -+-R .-l-..J...J../ /\\111, jJJlJ.. 111// = 8EE 1-1- --\8Jl=EH= f-Y~~\1-1~''A 11\ _ .J II :111 rtULllIllI1 ~~t:Y "<f: ~.l/- '\llllJlIIII/ 1I1!111I1I1I1I 1.111 1I11E \:::\~- t- I ill!'" 111/tfly)~II--. _ II 1, lllIIlIlJt: ~_\.J' IUULL If!I VIIIIIII 1.111111 III ...Ll.ll. II liE I~ -.111 I 11111 L J 1111_ I~ ..LUI II II JJ II 1111 / ..)-....)...;:::: I~ I.L LLlIII I I I "- ~~I::!:L: ,,^:'y :'..~'... 1111 1111 ~ /I ~ nnl= In- 1\ WillliW F u. ~J f-- I '" III 11111/\ ,U.l I IHcrrtJl- I ;: '~~m~~~~r-I- ~I \ .d-'I : .,11111111 I'--~~ r-- 'Jill ...--...: ,...'. ,f----L~~V : : ", "-I \"~- I-,\.. f- - := I T - ~ I I " , , 210 FWy \ I :::r ~ h ~ B ~ ~ IT IT CITY OF RANCHOCUCAMONGA ENGINEERING DIVISION NORTH ft 1"= 1000' ITEM: SRA-38 '/0 TITLE: Rancho Etiwanda D EXHIBIT: Vicinity Map RESOLUTION NO. t:>S-J/2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CDCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR IMPROVEMENTS TO BANYAN STREET, BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13812, SRA-38 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by Rancho Etiwanda 685, LLC, the Developer, for off site improvements in conjunction with the development of the Rancho Etiwanda Project adjacent to Tract 13812, on the south side of Banyan Street between Bluegrass Avenue and the west tract boundary; and WHEREAS, the Developer, at Developer's expense, has completed the required improvements; and WHEREAS, the City has on deposit a contribution in lieu of construction for these improvements from an adjacent developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest thereto. 't1 RANCHO CUCAMONGA I ENGINEERING DEPARTMENT Staff Report DAlE: TO: FROM: BY: SUBJECf: November 16,2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty Miller, Associate Engineer APPROVAL OF A REIMBURSEMENT AGREEMENT, SRA-40, FOR MEDIAN LANDSCAPING IN WILSON AVENUE, WEST OF BLUEGRASS A VENUE, IN CONJUNCTION WITH THE DEVELOPMENT OF RANCHO ETIWANDA INFRASTRUCTURE PHASE II, LOCATED ON THE NORTH 'SIDE OF WILSON A VENUE BETWEEN BLUEGRASS A VENUE AND THE WEST BOUNDARY OF TRACT 13527, SUBMITTED BY RANCHO ETIW ANDA 685, LLC, TO BE FUNDED FROM CONSTRUCTION PERMIT ACCOUNT NUMBER 1882-000-2315 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for the median landscaping on Wilson Avenue, between Bluegrass Avenue and the west boundary of Tract 13527, in conjunction with the development of Rancho Etiwanda Landscape Infrastructure Phase II, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS As set forth in Development Agreement DA 00-02, the Developer, Rancho Etiwanda 685, LLC, was required to complete a landscaped median in Wilson Avenue, between Day Cre.ek Boulevard and Bluegrass Avenue. The Developer completed this improvement with Phase II of the Landscape Infrastructure. The developer of Tract 13527, on the north side of Wilson Avenue, installed their half of the median curb and deposited a $50,000.00 cash contribution in lieu of construction for half of the median landscaping between Bluegrass A venue and their west tract boundary. This contribution will be used to reimburse the Developer who completed the median landscaping. lOt) CITY COUNCIL STAFF REPORT Reimbursement Agreement, SRA-40, Rancho Etiwanda Infrastructure Phase II November 16, 2005 Page 2 The Developer has submitted an itemized accounting of the construction costs for the required median landscaping and hardscape. Staff has reviewed and concurs with the submittal. The total cost of said improvements was $82,907. The Developer is responsible for their proportionate share (south half, fronting Tract 14498), leaving $41,453.50 to be reimbursed from Construction Permit Account Number 1882-000-2315. The balance of the $50,000.00 deposit will be refunded to the developer of Tract 13527. COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION Respectfully submitted, cp, (1 ~ William J. O'Neil City Engineer WJO:BM:pjb Attachments 10/ / / ~ L--~ ~ ~? jX~\1111 - ~/I. .'- .:(\ l- r- ~~. /. - ,~ r- ~<" ... :'"%:19 T 1-... . 41 II ~-r-r L- - . :. .... In -=t::::: ~ l- ., .. ~\.'.'.....r-' : ". -1= ~ ~ '.~~~\...:= .. 41 II \-- ~ I\' - ,'"., '"0'" 1iE~ / / =-- ",..- ~ " ~~ - - .:::- ~. . I I . n ---------1 _ !=i= f- ,\ 01(;;" v -\ \ill , J t=t f- '~.'1'~" ~ / "."",i.W\~1 t:f:'~:QY- dJffH.fHB ~:",.....""" '/ III1I Ib; (/~~ ~:~ "0.\0b N' Ib t; hr-:. .L"'~ SUI ~"""""-J!:r " ~ 111111:-, ,- ~/TT .~ "111111f II 'ill 1 I ---<'1111111 .A...IB ~ H / /0 \ I II J D Qj II Illl - I~rn I t jt1-j ~~ f:I/~w lJ ^\J- I \ - o ..--' ~ r-:Y y\ "y I 1111 m J IT 1 WlII I --.., H \--~"-- I I ill I--' : r \._\,? _ \111111UlJ.../ U JUI IIII I II ~I\\- 111/)r1Y'>~.?/r- -I I II III [:::j I I II. gI 111111111t-: Olllllll'l,~ VIII II '11111111 II IIIII vjll~ . '\ I1I1I11 III/ I J II II U L.J,- I~ I v" ~ '-1111111111./ 0:r::u:- 1/ II 111111" .\ .11111111111 III IIII11 - II.' :,. . .III~~ .III~.',II - I . III .. I n- 111111111. ~ tlIfffi1ID - 'III 111I11 \ , .,.-*,: .':"l" ' . :Ii- .;-.~.\ I'" Vi'.., ./ I ~. I- i== f- LJ ,. m- 1ffitlffiffi'bll 1"- , ,II ~~~~m I r-r-JEt!~ ,\ I I TIIIIITIT 1=:="" ~-tt:J r- r- ~ H ;:'i::;D~ V : : ", -, - I \" 1 I ~ ;::T ~ ~ . - -LL B - - I ~ -II I ,I "-UilJ illl ~ #-I[~ --i L f- II tt [f IT , , , 210 ''''1 CITY OF RANCHOCUCAMONGA ENGINEERING DIVISION NORTH 111"= 1000' ITEM: SRA-40 TITLE: Rancho Etiwanda EXHIBIT: Vicinity Map 101. RESOLUTION NO. 0 S - ! 1.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR MEDIAN LANDSCAPING ON WILSON AVENUE, BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13527, SRA-40 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by Rancho Etiwanda 685, LLC, the Developer, for off site improvements in conjunction with the development of Rancho Etiwanda Landscape Infrastructure, Phase II, located in Wilson Avenue east of Day Creek Boulevard; and WHEREAS, the Developer, at Developer's expense, has completed the required improvements; and WHEREAS, the City has on deposit a contribution in lieu of construction for these improvements from an adjacent developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest thereto. ID3 @ oolJ RANCHO CUCAMONGA ENGINEERING DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Walt Stickney, Associate Engineer 9;. Richard Oaxaca, Engineering Technician1ll&' ..;:> ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $178,088.00 TO THE APPARENT LOW BIDDER, LIGHTNING FENCE COMPANY, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $17,808.80 FOR THE BERYL PARK SPORTS FIELD SCREEN, TO BE FUNDED FROM PARK DEVELOPMENT FUNDS, ACCOUNT NO. 11203055650/1335120-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $178,088.00 to the apparent low bidder, Lightning Fence Company, and authorize the expenditure of a 10% contingency in the amount of $17,808.80, for the Beryl Park Sports Field Screen, to be funded from Park Development funds, Account No. 11203055650/1335120-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on September 22, 2005, for the subject project. The Engineer's estimate was $184,410.00. 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 Beryl Park Sports Field Screen scope of work consists of the installation of netting and support poles along the south side of Beryl Park. This construction is to mitigate liability for ID1 CITY COUNCIL STAFF REPORT Re: Accept Bids Received and Award Contract for the Beryl Park Sports Field Screen November 16, 2005 Page 2 claims that may arise from potential claims from soccer balls entering the adjacent 210 Freeway. San Bernardino Association of Governments (SAN BAG) will participate in funding this project and has agreed to provide fifty percent (50%) of the funding. The contract documents call for twenty-five (25) working days to complete this construction. Respectfully submitted, Y;f{1'~ William J. O'Neil City Engineer WJO:WS/RO:ls Attachment 105 on o o .... .... .... c:: ~ l'Q ~ ~ Eo< "" ~ '" " :z; .. :z; ~ "" o CI .. l'Q c:: o ... >< ~ ~ ~ .. '" EI l'Q ~ <::l ~ Ol il< c .., ;.. ~ 0:; .. "l: ... = .. ~- = ., ~ " :z; .g ... " ... .... Z en ~ 8 ~ e s " U " ... = " ... ~ 'S !:: ... ..zen ~ ~ 8 Eo< '" o~ UEo< "'< c::~ ~.. ~~ G ~ ... ... :z; ... en ~ Z 0 ~ u == a; a; l-o ... rr, "Cl - a; ... ... '" .... l-o Q Q, rr, .:.= l-o ~ ~ Z o ... ... ~ '2 u en f;;il ~ - .... l-o a; =:I ... ~ ;;.. ... 0' o Z ... Z ~ o ~ ... Z ~ o ~ ... Z ~ o ~ o o o o 0_ .,., ~ '" .8 - co ~ E o ::s en >-l ~ ~ o o o o r-- .,., ~ o o o o r--_ .,., ~ o o o o o ..0 ~ o c: 00 00 C"1 r--- .,., ~ o o o o o v;, ~ C"1 ""! ~ ~ o o o o o .,.,- ~ o o o ~ ""!, ..... Q>, ~ .,., ~ N ~ of 0> 0- f: .,,- 0> ~ t) bJl '" .~ "'O~ ;:l . ~ t) t) - '" 0> .~ " ~O> 01) ~ .S ~ -"'0 0) ~ Z"'" ~ r/J o o '<t ..... '<t N o o o '<t r-- r--- '<t ~ o c: 00 r-- "1, ..... ..... ~ ~ o c: 00 ~ o r--" 00 ~ ~ o ~ ~ ~ o c: 00 .,., "l ..... ~ o c: o o 00 .,f ~ ~ ~ o c: 00 00 o 00" r-- ~ ~ o c: o o oq, N ~ o c: o o ~ o o o ~ '<t '<t- oo ~ ~ "" 00 ~ o o o o ~ N ~ ~ ... o ... '" 0> "0 ~ -< ..a ~ '<t ..... ID" r;='111 ;1 j c~ ""=:===-=~~ -===~~==:=ccl II I' ~ 1 '\II~; , <-t,' ~ -." > \\ "'(?:~ '-", \\ : ~ : It '\ \\ .~ 21 ., '(!~ '~ \ f'''- ((If II 11 .I, I" 11;11/ ., ~j! . , ~'---~...~._,-- r,==- ._~ Ii I I _.J :':0 FtN'{ ~/. FYT'.,r ~ BEIR LARK .' ...; :J r. ." <1: // ~,., z > ~ \i\ "\ , L~__.-c_..=c____~~c.==;r~~=_""..L . Beryl Park Sports Field Screen 101 RANCHO CUCAMONGA ENGINEERING DEPARTMENT Staff Report DAlE: TO: November 16, 2005 FROM: BY: Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NOS. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR 8777 CENTER AVENUE, LOCATED ON THE EAST SIDE OF CENTER AVENUE SOUTH OF 25TH STREET RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ordering the annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District Nos. I and 2. BACKGROUND/ANALYSIS 8777 Center Avenue, located on the east side of Center Avenue south of 25th Street, 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 ] '-IX tt U,U( William J. O'Neil City Engineer WJO:SH:pjb Attachments ID8 ~ ~[JIIIITJ B ITillIIIIJ r- f--- ]1- f-- J~ IT :r: IT ~ ~ffiHI m r- ~ I Z 1\ II J I l '- Vicinity Map 8777 Center Avenue N + s 8777 Center Avenue Annexation I D1 RESOLUTION NO. () S. ~ IY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR 8777 CENTER AVENUE (APN: 0209-122-04) 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 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, 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 I/O . annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation ofthe 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 ofthe 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 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 8777 CENTER AVENUE 1/1 Exhibit A Identification of the Owner and Description ofthe Property To Be Annexed The Owners of the Property are: Michael R. Ross, a Single Man, as to an undivided 50.0000% interest and La Barge Industries, a California Corporation, as to an undivided 50.0000% interest, all as Tenants in Common The legal description ofthe Property is: Lots 9 and 10, in Block 58 of North Cucamonga, in the County of San Bernardino, State of California, as per map recorded in book 4 of Maps, page 8, in the Office ofthe County Recorder of said County. A-I 8777 CENTER AVENUE 11'b Exhibit B To Description ofthe District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): Landscape Maintenance District No.1 (LMD #1) represents 23.63 acres oflandscape 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 anyone 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, 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. 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 the 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 the 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 8777 CENTER AVENUE //3 Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 8777 Center Avenue Street Lights SLD# I SLD # 2 5800L Landscaping Community Trail DGSF LMD#I 'Existing items installed with original project Assessment Units by District Parcel DU or Acres I DU Number of Lamps 9500L l6,OOOL 22,OOOL Turf SF S I I B-2 Non-Turf SF S2 I 27,500L Trees EA -1- L I 1 8777 CENTER AVENUE /1'/ 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 foJlowing 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 Parcel 7699 1.0 7951 $92.21 $733,161.71 Family Multi- Units 7091 0.5 3570 $92.21 $329,189.70 Family CommlInd. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (8777 Center Avenue) is: I D.U. 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 assessment rate for Street Light Maintenance District No. I (Arterial Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvne 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 (8777 Center Avenue) is: 1 D.U. x 1 A.U. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment C-I 8777 CENTER AVENUE /15 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 Tvne Units Units Factor Units Unit Revenue Single Parcel 6050 1.00 6050 $39.97 $241,818.50 Family 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 (8777 Center Avenue) is: 1 D.U. x 1 A.U. Factor x $39.97 Rate Per A.U. = $39.97 Annual Assessment C-2 8777 CENTER AVENUE 1/(, RANCHO CUCAMONGA >?;^,i. .1 ENGINEERING DEPARTMENT Staff Report DAlE: TO: November 16,2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: William J. O'Neil, City Engineer Vicki Chilicki, Engineering Technician SUBJECT: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NOS. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR 5474 RANCH GATE ROAD LOCATED ON THE NORTHWEST CORNER OF RANCH GATE ROAD AND HILLSIDE ROAD 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. I 'and 2. BACKGROUND/ANALYSIS 5474 Ranch Gate Road, located on the northwest corner of Ranch Gate Road and Hillside Road in the Very Low Residential District (2 dwelling units per acre), has applied for a building permit for a new 1,605 square foot room addition, to an existing single-family residence. The developer is required to fultill certain conditions along with the normal processing. As part of those conditions, the developer is required to have the proj ect 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 ENG~l:~G DIVISION r n/Utl William J. O'Neil City Engineer WJO:VC:pjb Attachmen,ts 1/1 <,25.S;? 1 l- i) 6 ... 5 ~'i (, <:[ 2Zc;..88 III (0 ~ 0 Q:: W 2.30.5/ ::> Z w 5'-1/0 :> 5 ... <:[. ... ~ c:i I '" @ '" ~1tl.El 2.3S.Z I 'I- 0- "- SY2Y ~. '" 4 <\). '" ... ... '" Q) ~~ '" ''<i 0 "' '" "' '" '"' ~~' 'Il '" 237.Sc. t>: ~fO <t '" .. ,3 <Q' SY1~ ., ~ Cl ... ~. '" Ii 0) Ol 0\ '" '" \0 0 '" , Z.3&...2., '" \0 /9.28 '" .J I' 2 5'-15"2. I'l II> '" ..,. '<l @ ~ .. <t "l ~. / .... POR. BLK. 541~ w. 25 f- C.H.A. <:[ POR. LOT /2 ",- (!) I ~ W CI) ,I \I 0 \I S ,-r ~ 0\ ..0 ::t ::> (Ii J: 0 ... It '" u ::>. 2 f- <:[ ll: ... 30 30 '.33 '/_ t1\ .33 .~ ~ III HIU:SIDC __\l R{) " '" If! /I) III I r~ N CITY OF ITEM: 5474 f2ANCH GATE ReI RANCHO CUCAMONGA TITLE: AN Nf){fi T10N EXH 113fT ENGINEERING DIVISION EXHIBIT: Y Ie) N I TY MAP II~ RESOLUTION NO. tJ 5' P..J IS' 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 5474 RANCH GATE ROAD (APN: 1061-041-06) 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. I, 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 r€;lated 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 l~vy 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 /11 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 Exhil:5it 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 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 5474 Ranch aaie Road /~'6 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Peter B. Gunby and Sandra M. Gunby The legal description ofthe Property is: PARCEL NO. I: LOT 1, TRACT NO. 9426, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 138 -EAGES 44 AND 45, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND AMENDED BY A CERTIFICATE OF CORRECTION RECORDED APRIL 29, 1980 AS INSTRUMENT NO. 80-102651 OFFICIAL RECORDS. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTIES ALL INTEREST IN ALL OIL, GAS AND MINERALS, LYING AND BEING MORE THAN 500 FEET BELOW THE PRESENT SURFACE ELEVATIONS WITHOUT THE RIGHT OF SURFACE ENTRY. PARCEL NO.2: EASEMENTS FOR BRIDLE TRAILS, INGRESS AND EGRESS OVER THAT PORTION DELINEATED AS "BRIDLE TRAIL EASEMENTS" ON THE MAP OF TRACT 9426, AS PER MAP RECORDED IN BOOK 138 OF MAPS, PAGES 44 AND 45, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING ANY PORTION LYING WITHIN LOT NO. I. A-I 5474 Ranch Gate Road /2./ EXHIBIT "A"- 2- ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTiNG MAINTENANCE DISTRICT NOS. I AND 2 2ZS.82 1 1 (l 6 -.. ,,- 0\ 5?''1('' ~ q: 2Zco..8s CD 0 Q: lJ.J 230.5/ ~ 2 lJ.J S~ID :> 5 -.. q: , (l ti I '" 0 .. ElIAO I 23S.,z 'I' ~. "- SY2~ ~ ~. 'Ii 4 "l , CD r>.~ II .'<i ci '" '" II) '" l1\ '" '" ~r>., '" 237.5C. It: ~ro '" '" II. ~\ SY1~ . -l 3 Cl , ~. '" I:i 0 '" 0> I 01 L '" '" 0 '" , I ~..i1C..24 '" '" '" /9.29 ,) I 2 pi 52. " CD ~ '<t 0 ~ II. '" <:I ~. .4~ POR. BLK. 5'-I1Y 25 I.. lJ.J C.H.A. I t-- q: &;;(.. (.:) POR. LOT /2 lJ.J 1 ~ en ,I \I 0 -l &;;0 ~ :l S ,-"f' ~ 0> 0 \li -.. :x: Q:; 'II U :l ;Z t-- '" q: '" Iq Q: '" 30 30 -.. -"3 33 '1- ~ " ~ 11) HILt; __\3 RO " ", ", It) III r A CITY OF RANCHO CUCAMONGA NORTII COUNTY OF SAN BERNARDINO /22 "TATF OF rA T TJ;'nOt'H. 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 anyone 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, 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 ofthe 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 Distrist No. 2 (SLD #2) is used to fund the 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 the residential area of the City west of Haven Avenue. It has been determined that the 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 5474 Ranch Gate Road /2J Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 5474 Ranch Gate Road Street Lights SLD#I SLD # 2 5800L Landscaping Community Trail DGSF LMD#I "Existing items installed with original project Assessment Units by District Parcel DU or Acres I DU Number of Lamps 9500L 16,000L 22,000L Turf SF S I I B-2 Non-Turf SF S2 I 27,500L Trees EA 9 LI I 5474 Ranch Gale Road /2.~ 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 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 Parcel 7699 1.0 7951 $92.21 $733,161.71 Family Multi- Units 7091 0.5 3570 $92.21 $329,189.70 Family CommlInd. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (5474 Ranch Gate Road) is: 1 SFR xl 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 assessment rate for Street Light Maintenance District No. I (Arterial Streets): #of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type 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 (5474 Ranch Gate Road) is: 1 SFRx I A.U. Factor x $17.77 Rate Per A.V. = $17.77 Annual Assessment C-l 5474 Ranch Gale Road 125 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 Type Units Units Factor Units Unit Revenue Single Parcel 6050 1.00 6050 $39.97 $241,818.50 Family 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 (5474 Ranch Gate Road) is: 1 Parcel x 1 A.U. Factor x $39.97 Rate Per A.U. = $39.97 Annual Assessment C-2 5474 Ranch Gate Road /2.t, THE C I T Y o F RANCIIO CUCAMONGA Staff Report DAlE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer SUMMARY VACATION OF INGRESS AND EGRESS EASEMENT LOCATED SOUTH OF THE INTERSECTION OF STABLE FALLS AVENUE AND RODEO DRIVE (SUBVAC202) REQUESTED BY BCA DEVELOPMENT (APN 0225-161-31) RELATED FILE: SUBTT16812 RECOMMENDATION: It is recommended that the City Council adopt the attached resolution summarily ordering the vacation of a remnant portion of an ingress and egress easement south of the intersection of Stable Falls Avenue and Rodeo Drive. BACKGROUND/ANALYSIS: Tentative Tract SUBTT16812 was approved by the Planning Commission on December 8, 2004. Before processing the final map, the developer has asked the City to vacate an access easement granted by the previous property owner, prior to construction of the 1-210 Freeway. All but 398 square feet of the easement granted in 1990, was eliminated by the Final Order of Condemnation for the freeway on April 20, 2001. On November 9, 2005, the Planning Commission determined that said quitclaim is consistent with the General Plan and recommended the quitclaim occur. Respectfully submitted, 9Jt t/{A. ~ William J. O'Neil City Engineer WJO:BAM:dlw Attachments: Vicinity Map Letter of Request Resolution ! 21 e. TI w ke-J 1> A A--J e -'1-"--"\:': --.;,~;(-'~.',-.r{--" ~,-~o~;.~l - - .\~,r:.-:-:-r-::rt~_.~ .-.-r....-r'77~~ ::"-,-_-.'};}f',.,t.:,-~.--." (JJ}l!{;r:.:"'I;\-;~ c)~.~: :'1 ;' t~~ ,,:~~1"'."~tff'1'1-~_,1 ~.. ''"- "_'~ -.,~ -'-',', .. ...:-'~ 1(",<- I -... k . r- ^ . . $ < ~., If '"'1 1 .. .."'. v ,'.'f ""! + '" - " ~ ... ~ '\ '" .,.. ~~-.1 ~ ."-! ~r'Jrr-,t,","',~'ijf""'i.' .il ',t,: 1,/;' -, )' \.~~ ?t~~r f tt;~",,;;: ~> .,:(L ;'1 ~- ;.. '~~S~'.*-'-'. f >J- - I" ~ .1'- ~). ~..~- ." l{'* ~<<, -,;- .-. 4-. \, :,~:.~'l~_ \:i$",',^.t><""-j.1-~'t_!t.._ '~"'~fi' j1,,_,_~~~ \~_)"i!~'jP\:~ !lJ',.~:' ":I~~~':fjl>F ~'l1U' :~~. lvi~<' rf~::~ ~- ;~~~~~; ",,:; :~ :;,: ,'~~> i;} t'f' :j',~1':;""'.;'i11~..i:..~..i~.:.~t.'..__~.___~:.R.~ii....~... :~j.'.J ;_;~ . '{'\V'f""~, ~" :'-I1..-'j.t\t)\~-Q"i i.~ '~i,\L"';:t~;t~d,i, " ", " .~.'.~ \' r.,;. '.,,':!l'};'~"':~I' "1 . ~ '," ;, ii, t~' .\,.~.,.;....."i,'lj."'.j..,.~._,,+. ."""~""".. "]. ,." I, f.:tr-;' ~ J.- Sl f ,} - 'J .,........ t'.~.-"'<o'-' , - ,,-,-t~. '-.'" -<'.L' ~~: .,31,"''1;flJ _.\. >f '<;1 ~l "': "".;...' "!.,.-C' f_ _,,~>'-wl - '-",;,'I''''k.~-.t.r-!,'.-!'''~.' ) .,..:.'~, ~'i ,~7 ""'J.f,iiliY0..-li. :).. ". '" ~t,.t,> j lif".r- - -,r..",.~,_. f2~. . ,~r:~'.;,', ;!~:":'{'~r r ci~'~':;Q; ~,t,l. ;,11 ~; ~",~;1~!i: '~t' ~>;;c' '..' .:~Hi;l:;~ }'~l C'.1'; . ";: i~;.\...i.., c-,":.",~"",,,,,,-..<:J.Y;i"~.l'!o.'-'" ~ J...'. O. '1:.0,<- "I.;?t'!).':i#"<-~'~'I~ /. .,,~; ,~,JI:. ." (t>",?:;- '!M-'~lf:~-_."'1:t:,1 ~1 ~r ~\"<;j ;'lJ:,,-, <.'. TJ.J~' ~>r~:' it'_'"""'t.J,.t:~.r'7.'?'",,":~,,-' '~:~'(;'-"-1~J~-'\.;, '_ di~~~<'- ,~"~~...'-'~-;,'t~.,->: .tf'.:" Jft'Jc1'-rf.,' -+"G"'''_~I:-'' ';fA,.,.-J- _,'~~ .";~ Ji\...._+..f:~_~~i..'/)-J--J\--.. <.lr-~ r'!)"-"f; .:1'';'' l'LJ_~:,,&1':1~, j,,;:<> t.""'?-,,,G' ',~-';o..,\t:~~-:i\,"t~ft~-"l..,/ ,'.- i' f),~-"'o; , ' ";'"~,-~~.~.-.:'jI "~-rl ~;)~,~:'~~?:I?t;i~J~~}~~i(~;9~,~~;~fl~:it~?1;,+]~t~:~ . ~~.'>:~'~"( c_~ '. C 'i! ':'t' ,c',i,;o". .. c,',,'J'. 1. .'. i. s .. ... . ",;. ~..L,.. .':,t1 -"~" 't- ....'-.~."':r !t '-.......!:,t, i;'..;c~r'i:" :;.'.','- ":'-'{ j'Y' l::'. if;' 4.. '~. ~~,;J_ 'r~.'':'{~.''''-JI--,~.. 'J"":1/t:~tX.:,~-t-}. '&. . :.' }.i,,~.~:4!..;"4t~~ ~'f~} ~/( ,,-=- 1.~'1 t.' ,~tJ if~; '~.'_~'. "<, 'i.....',...'.'.'_: '.~~)...:.l,.~,~ ".'. ',~ .... '" i "..1", ',,~' ~a- r ...Jf:~" 'ii,.\.. '<., ~'-t'!'ift. ~'.it,-'-J'~ " :I.-f' Vt'.:.i'.t~;; 0 ~ "..li.~","" " 1" "J' ~,-.:l,__ '~t-: . "'-4 f" -, '~.fr If'; *- f";rrl"~I'.'... J. 7..H..'."..JHt.l..';".~.'..Ir.{~.."'.:.t"/~~ .' ft';'r;~+ c'o'f'- !:_'o\'~ :' , ,t, _~ ~;.~ ',';;', 'r'':4f.J;-- ~ .t-""'l-""";';';';')' - '~< t < ,i.'.:; .; .c,Fi....;..~- ,,,,,.,1.';>:';'. ",,"'-'r::'t"--~.."'i''-'' ""; . ~ ,,;;"\~. ~" ";i~'''l',~-l',-~-<-'f.;'~l\~' 'l~\~' -' <1:;lj} .1~U,,~ , ' , ~cj:>:l-'~t- ''2-\,;,,;,~:r-<;:';: -1"~ - ;..~.:1 .,.. . t:f ~-. '\- o-.Jt I. 'i}," :,{_t':,~~"~ tl' \. E ;" ",$ ':'1;1.; l!t'!'ii . ~:~ ii!:,i~~.,::;:, . f,q/'~~:!vi1fi; '?,,," Ii, i r..., C .;, '.lf~:~.' ;:...:. : 'J:i j:: - '-s.r:~_: .,,' e.: :~.:" ;.ii.:.~~~{i~l "" i ,. t'i 1"~'S- x? ~ -~ " . .~ ~. ~:J' .f1>,f.'-f-.'~"'; - p'~ ,"' f~:).>~' ~!i . ";;' ~', '. >.I':"'.\~~~~~l~~2:'-,~... J I I -7. l 't-,.f'-;";+-~ ..'l~..-:J '':'_(:'{^",:'._~''<"l':J<.tf.'-~':.~lirt'~ :>'~'''~fj f"\,t ~"l"\.."ft~'ft:"!I'ii'il;f -~.'-i{., l <;;'l \~::_3~<::.!t'\~-'l j~ '.:~ ",~r(" 'I; :'$_ ..., i 1 ........r1- ) ~.:-,!;, r, t'.. .'11-- ~ .t'l r"!~;' J At ~: ;. ,'~ ,;)4,: ':~ ::::' ~j~J',> "::. ,~~';,"t'.-_:.~;,!~'~,,~i~.l r"'~/1'jf!x:~~' ., '.' .." .'-~ t 'j~r '. ..~..._..i::dllL~~t~;;; r 7.~'-" b;';~'_-J4~ kt,. .._~li:. Ir:t!1~'i .~ --t.:-~'~':~,.. , ~;." ~.lFN- r .~::~~- v i r, fj NORTH <= NTS ITEM: SUBV AC202 TITLE: Tentative Tract 16812 EXHIBIT: Vicinitv Map !2.f CITY OF RANCHO CUCAMONGA ENGINEERING DNISION EN GIN E E R S SURVEYORS . I," August 26,2005 City of Rancho Cucamonga Engineering Division 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Request for Quitclaim of Existing Easement Related Project: Tentative Tract No. 16812 Gentlemen: On behalf of our client, BCA Development, Inc., please process a Quitclaim Deed for an existing Cily-owned easement affecting Tentative Tract No. 16812. A processing fee of $1,156 is enclosed for that purpose. The easement was granted to the Cily of Roncho Cucamongo by document recorded November 29, 1990 as Instrument No. 90-472134 of Official Records for "Ingress and Egress and Related Purposes." The easement is obsolete and no longer needed for access from Highland Avenue to Rodeo Drive due to the completion of the 210 Freeway. The affected area is shown on the enclosed Street Improvement Plan for Stable Falls Avenue (Cily drawing no. 1417, sheet 2 of 20 sheets for Tract No. 13812). Please note revision number 4 "omit temporary secondary access" doted 10-26-98. For your use in processing this request I hove included: 1. Exhibit "A" - legal Description (3 copies) 2. Exhibit "B" - Sketch to accompany legal Description (3 copies) 3. Easement Deed recorded November 29,1990 os Instrument No. 90-472134 O.R. (2 copies) 4. Cily Drawing No. 1417, sheet 2 of 20 sheets for Tract No. 13812 (2 copies) 5. Preliminary Title Report (2 copies) Please do not hesitate to call if any additional. information or data is needed. Sincerely, JRD:jr cc: Ben Anderson, BCA Development G,\604\04\COR\L-CITY -QC.DOC Stanley C. Morse Gary W. Dok;ch J.R. "Skip"Schultz 17320 Redhill Avenue Suite 350 Irvine, CA 92614 VOICE: 949-251-8821 fAX: 949-251-0516 I~/t www.mdsconsulting.net RESOLUTION NO. oS-..511c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE REMNANT PORTION OF AN INGRESS AND EGRESS EASEMENT SOUTH OF THE INTERSECTION OF STABLE FALLS AVENUE AND RODEO DRIVE (SUBVAC202) - APN: 225-161-32 WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate portions of ingress and egress easements, hereinafter more particularly described; and WHEREAS, the City of Rancho Cucamonga Planning Commission on November 9, 2005 by minute action found and determined that the summary vacation of the subject easement herein contemplated conforms to the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject ingress and egress easement is no longer required and has not been used for the purpose for which it was dedicated or acquired for five (5) consecutive years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the remnant portion of an ingress and egress easement, as shown on File SUBVAC202, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A" and Exhibit "B", and by reference made a part thereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That from and after the date the resolution is recorded, said no longer constitutes a public easement. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. 130 EXHIBIT "A" (PROPOSED QUITCLAIM OF EXISTING EASEMENT) THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN EASEMENT RECORDED NOVEMBER 29, 1990 AS INSTRUMENT NO. 90-472134 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING SOUTHERLY OF THE NORTHERLY LINE OF PARCEL NO. 14082-1 (STATE ROUTE 210 FREEWAY) DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED APRIL 20, 2001 AS DOCUMENT NO. 20010147797 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. CONTAINING 398 SQUARE FEET OR 0.009 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B' ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 8/26/05 DATE GARY W. DO CH, P.L.S. 4693 LICENSE EX IRES 9-30-05 G:\604\04\lEGAl$\QC EXH A.DOC 13/ EXHIBIT "B" (PROPOSED QUITCLAIM OF EXISTING EASEMENT) I III I ~~ FILLY COURT : ~ ASCOT PLACE I L----1 ~----J II ~ I --~~----- =---11 > ~. '" SECRETARIAT DRIvE! II'" I j!?~ ~ m~((';'iI INJrQ). ~~'iI~ I I I ~ I ~ ~ ~ U. ~~@/~~-@~ I ~ ~~~~~ I I~ ~4:.~~ I'I~ I I I (J) i I,I~ I TENTATI'IE TRACT NO. 16812 I ~ I I ir N1YLWE I :~ w I FREF''' PARCEL > S TAT f RECORo:t~!;~~ FJZ~ b~~~~-1 (STATE R : ...;.. ......~ I R 0 U T f 2,001 DOC. NOOF CONDEM~~~ 210 / 1 0 2 1. 0 . 200101477Q!,ON / / ~ I I F R f f -~ ~R~ ,// I' ; I I 39' , EASEMENT FO,R INGRESS AND EGRESS PURPOSES~ L I IN FAVOR OF THE CllY OF RANCHO CUCAMONGA I I I RECORDED lj-29-1990 AS INST, NO. 90-472134 I 71 --.L OFFICIAL RECORDS. ---~----- ~ HIGHLAND AVENUE (OLD) S 1/4 COR SEC 2~, T 1 N. R 6 W LEGEND 1/ / / / / / /1 INDICATES SUBJECT PROPERlY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPA D UNDER THE SUP VISION OF: I I I ~~ I ~~ I ~;\~ I ~~~ !~~, Ii 101' ~I 15IL_~ g ----....... !- I~I '5/ ~ I~I VI I I ! I I SHEET 1 OF 2 SHEETS 8/26/2005 ( XPIRES 9/30/2005) 1 ~ SCALE 1"= 200' 200 100 0 200 I I I I GRAPHIC SCALE I S 2- 1:\60404(J.N.604-05)\MAPPING\EX-B-1-01.dwg 8/26/2005 1 ~- EXHIBIT "B" SHEET 2 OF 2 SHEETS ,- (PROPOSED QUITCLAIM OF EXISTING EASEMENT) I' 0 I 30' "--It. STABLE FALLS'" I AVENl!..E 0 I It. RODEO DRIVE ~'" I I o '" SCALE 1.= 30' 30 15 0 30 , I I I GRAPHIC SCALE TENTATIVE TRACT NO, 16812 11\ r-.. Cn ..... 0 ,....:;: cO "fi'~ <0 -';" ;;: ;..,. =-- _IV /2' --.!!.9.J.S. - _IV !?AD N'LY LINE PA N 81'2' . --- FREEWAY) RCEL NO. 1408 7SS' W lJ 68' RECORDED 4~~~ FINAL ORDE~-b/STATE ROUTE: 2;0 I 2001 DOC. NO CONDEMNATION . 20010147797 O.R. / EASEMENT FOR INGRESS AND EGRESS PURPOSES / IN FAVOR OF THE CITY OF RANCHO CUCAMONGA RECORDED 11-29-1990 AS INST. NO. 90-472134 OFFICIAL RECORDS. / 133 1:\60404(J.N.6D4-05)\MAPPING\EX-B-l-02.dwq 8/26/2005 RANCHO CUCAMONGA ENGINEERING DEPARTMENT Staff Report DAlE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Michael TenEyck, Administrative Resources Manager SUBJECT: ACCEPT THE ELECTRICAL DISTRIBUTION SYSTEM CABLING, CONNECTIONS AND EQUIPMENT PROJECT, CONTRACT NO. 03.127 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $3,009,145.39 RECOMMENDATION It is recommended that the City Council accept the Electrical Distribution System Cabling, Connections and Equipment Project, Contract No. 03-127 as complete, retain the faithful performance bond as a guarantee bond, release labor and material bond and authorize the city engineer to file a notice of completion and approve the final contract amount of $3,009,145.39 after the recordation of said notice if no claims have been received. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. . The Electrical Dislribution System Cabling, Connections and Equipment Project, consisted of installing 25,000 linear feet of 5" conduit and utility vaults within Foothill Blvd. East of Rochester Blvd. Pertinent information of the project is as follows: )> Budget Amount: $1,860,815.50 )> Account Number: 17053035650/1382705 )> Engineer's Estimate: $1,900,000.00 )> City Council's Approval to Advertise: Wednesday, November 19, 2003 13'1 CITY COUNCIL STAFF REPORT Re: Accept Electrical Distribution System Cabling, Connection and Equipment Project November 16, 2005 Page 2 ~ Publish dates for local paper: ~ Bid Opening: ~ Contract Award Date: ~ Low Bidder: ~ Contract Amount: ~ 10% Contingency: ~ Final Contract Amount: ~ Difference in Contract Amount: September 23rd & September 25th 2003 Wednesday, November 12, 2003 at 2:00 PM Wednesday, November 19,2003 Pouk & Steinle Construction Co. $1,691,656.82 $169,165.68 $3,009,145.39 $1,317,488.57 (77.88%) Increase The net increase in the total cost is a result of Five (5) change orders for various items that were necessary to complete construction of the electrical Distribution System Cabling, Connections improvements. Notable changes that were significant to the increase will be reimbursed from Fund 612 (Community Facilities District 2001-01) and Fund 614 (Community Facilities District 2003-01 fund for all CFD related lighting systems). The were the installation of Street Lighting System on Foothill Blvd, Day Creek Blvd and Victoria Gardens Lane, the installation of trail lighting on Day Creek Blvd, Foothill Blvd to Baseline Rd. Respectfully submitted, Will~qt/U/ c/ City Engineer WJO:ML T Attachments ISS RESOLUTION NO. () 'J - ~ /1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. ACCEPTING ACCEPT THE ELECTRICAL DISTRIBUTION SYSTEM CABLING, CONNECTIONS AND EQUIPMENT PROJECT, CONTRACT NO. 03-127 AS COMPLETE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Electrical Distribution System Cabling, Connections and Equipment Project, Contract No. 03-127 has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 1~1n RANCHO CUCAMONGA ENGINEERING DEPARTMENT Staff Report DAle: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dale B. Catrori, City Facilities Superintendent APPROVE PLANS AND SPECIFICATIONS FOR A WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLINK STATION AND AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" AND AUTHORIZE THE APPROPRIATION OF $15,000 FROM CAPITAL RESERVE FUND BALANCE INTO 1025001-5602 (CAPITAL OUTLAY BillLDING & IMPROVEMENT) RECOMMENDATION It is recommended that the City Council approve plans and specifications for a windscreen installation at the Rancho Cucamonga Metrolink Station and authorize the City Clerk to advertise the "Notice Inviting Bids" and authorize the appropriation of $5,000 from Capital Reserve fund balance into 1025001-5602 (Capital Outlay & Building Improvement). BACKGROUND/ANALYSIS In response to concern for the public, staff retained an engineering firm to design installation of glazing (windscreen) into the existing shelter on the north side of the railway at the MetroIink station. The main enclosures on the south side of the platform have glazing to protect the passengers from wind blown debris and dust. Staff desires to add glazing on the main north side enclosure to offer protection for the public that may be traveling east out of the Rancho station. Engineer's estimate for this project is $15,000. Respectfully submitted, . yer/t vAL William J. O'Neil City Engineer WJO:DC:jau /37 RESOLUTION NO. () 5...51 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR A WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLINK STATION 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 "WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLINK STATION". 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 DECEMBER 21, 2005, sealed bids or proposals for "WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLlNK STATION" 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, "WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METRO LINK STATION". A Pre-Bid Job Walk is scheduled for Wednesday, December 14, 2005, at 9:00 a.m. at the Rancho Cucamonga Metrolink Station, 11208 Azusa Ct., 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 /28 be documented by signing in at the meeting. Any bidder not docu~ented as being present at the Pre-Bid Job Walk will be excluded from the bid process. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than 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: 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 When the number of apprentices in training in the area exceeds a ratio of one to five, or 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 . When the Contractor provides evidence that he employs registered apprentices on ~ll 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. 1~1 The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work 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 exe"ute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (I 0%) 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 surplus, if any shall be retumed 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 percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) ofthe contract price for said work shall be given to secure the payment of claims for any materials or supplies fumished 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 It/I) but not limited to a Class "B" (General Building Contractor). In accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the California Business and Professions Code, Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of peIjury, 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 "WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLINK STATION" may be directed to: Dale Catron, City Facilities Superintendent 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 4090 By order of the City Council of the City of Rancho Cucamonga, CaIifomia. Dated this 16th day of November 2005. ADVERTISE ON: November 29, 2005 and December 6, 2005 1'/ I RANCHO CUCAMONGA ENGINEERING DePARTMENT Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Walter C. Stickney, Associate Engineer SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES AND TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE HIGHLAND AVENUE LINEAR PARK WALL CONSTRUCTION, TO BE FUNDED FROM ACCOUNT NUMBER 11203055650/133512-0 RECOMMENDATION Staff recommends that the City Council approve the plans and specifications for the Highland Avenue Linear Park Wall Construction, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS As part of the 210 Freeway construction, sound walls were constructed in locations where their presence would result in a significant reduction in noise from the freeway. Where a significant reduction would not result, no wall was constructed. The City and SAN BAG determined there should be continuity along the north boundary of the freeway between the area from Beryl Avenue to Hermosa Avenue. As such, staff is proposing to construct a 6- foot tall block wall within those vacant areas. While this wall is not designed for sound attenuation, is will be constructed of the same type and color of block as the sound walls along the freeway. And at a height of 6 feet, the wall will screen the view of the freeway from Highland Avenue and the houses along that street. Recently the City acquired the property along the south side of Highland Avenue between Amethyst Avenue and Archibald Avenue. This property is earmarked as a linear park. The Itlt CITY COUNCIL STAFF REPORT RE: Highland Avenue Freeway Wall November 16, 2005 Page 2 design of the park is ongoing with construction to follow the construction of this wall. The wall alignment will wrap around this property thereby providing separation between the future park and freeway. Construction is expected to commence in January of 2006 and last for approximately 5 weeks. Respectfully submitted, QJ-f(J~cu1 Willia~ J. O'Neil City Engineer WJO:WCS Attachments: Vicinity Map and Resolution 1'1$ ~=7L rr- L ~ ~ '\ II ~ ;. -- .. __"= =-_~O==_~__=====C_~I) [I -'~l Ii II II D ~ Ii ~ II ~ ~ I -V " ':c, ,', I > I <~ .,=~ - ?:: J; \" :t 1'::- ~ -. \:"H","1 .. 21Gi'WY 1 :/ ~ )fr \ ~IGH fAND AVE I :1\0 .... L! iT v ~ - - ~. ".I '> > ~;I/r <,c // :.2 :5 / -- .-0 ~ !Iv i:; '''' Q ~~ ) ;';; ?,; " ':r- - <0 ;I "' f:z~ ~o '" ~j, J1 II .. ~'t HXY"'IILt.HJ) iJ ?; L ~,~fY .., q ~ l(:r /"" ~ 'of,. qiL ff,!j- --j? ;1,;~~....:-.,__,_ --\ . . ( . "'i"J \: f II \' A I I \\ I I!:,~===,-,,-,. =='='_0.====""=__= __~==~~ fA " Highland Ave. Linear Park Wall I~'I RESOLUTION NO. 0 5- ~ 1'/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HIGHLAND AVENUE LINEAR PARK WALL CONSTRUCTION, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "HIGHLAND AVENUE LINEAR PARK WALL". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 6, 2005, sealed bids or proposals for the "HIGHLAND AVENUE LINEAR PARK WALL" capital improvement project in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the "HIGHLAND AVENUE LINEAR PARK WALL". 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 I"~ RESOLUTION NO. November 16, 2005 Page 2 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 posteq at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or . B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or 1'/(, RESOLUTION NO. November 16, 2005 Page 3 journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done I'll RESOLUTION NO. November 16, 2005 Page 4 thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done un.der contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder's Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class. as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or a combination of Specialty Class "C" licenses sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles. plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. 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 $25.00 (TWENTY-FIVE 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 reserves the right to reject any or all bids. /~'l RESOLUTION NO. November 16, 2005 Page 5 Questions regarding this Notice Inviting Bids for the "HIGHLAND AVENUE LINEAR PARK WALL" may be directed to: Walter C. Stickney, Associate Engineer at (909) 477- 2740, ext. 4076. By order of the Council of the City of Rancho Cucamonga, California. Dated this 16th day of November, 2005 Publish Dates: November 22, and November 29, 2005 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 16th day of November, 2005. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 16th day of November, 2005. Executed this 16th day of November, 2005, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: November 22, and November 29, 2005 1'19 RANCHO CUCAMONGA '--__ ENGINEERING DEPARTMENT Staff Report DAlE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Cindy Hackett, Associate Engineer Richard Oaxaca, Engineering Technician RELEASE OF FAITHFUL PERFORMANCE BOND NO. 104028074 IN THE AMOUNT OF $3,522,410.00, FOR THE HERMOSA AVENUE STORM DRAIN AND STREET IMPROVEMENTS FROM 280' NORTH OF BASE LINE ROAD TO AL TA LOMA CHANNEL, CONTRACT NO. 03-082 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 104028074 in the amount of $3,522,410.00 for the Hermosa Avenue Storm Drain and Street Improvements from 280' North of Base Line Road to Alta Lorna Channel, Contract No. 03- 082. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the storm drain and street improvements remain free from defects in materials and workmanship. Contractor: Steve Bubalo Construction Co. P.O. Box 1048 Monrovia, CA 91017 Respectfully submitted, 9,e?t ~ William J. O'Neil City Engineer WJO:CH/RO:ls Attachments I S'{) . - HERMOSA AVENUE STORM DRAIN AND. STREETIMPROVEMErITS . (FROM 280':i: N. OF BASE L1NE ROAD TO ALTA LOMA CHANNEL) 'PHASE m . . ,- 'ROJEC'l' SITE ,-"! ." : I I : . '-./1. ..., s: . 8TH Sf IL .' Qrnl..~.aJ._.. ~ ._!_.. . CITY OF RANCHO CUCAMONGA .. . VICINITY MAP , , ~ H'I'S RANCHO CUCAMONGA ,'1 ENGINEERING DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Tasha Hunter, Public Service Tech I ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16371 LOCATED ON THE SOUTHWEST CORNER OF VICTORIA PARK LANE AND BASE LINE ROAD, SUBMITTED BY US HOMES CORPORATION RECOMMENDATION: The required improvements for Tract 16371 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. ' BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16371, located on the southwest corner of Victoria Park Lane and Base Line Road, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: US Homes Corporation: 391 N. Main Street, Ste. #300, Corona, Ca 92880 Release: Accept: Faithful Performance Bond # 6232642 (Bond No.) Maintenance Bond # 6231642-0001 (Bond No.) $521,700.00 $ 52,170.00 Respectfully submitted, , 9Jt?11~,cJ William J. O'Neil City Engineer WJO:TCH Attachment(s) IS2 ..I" , , t;/ !lle ild II~! I I !J i '1/" :11"1 : I, iI f~ ~ )> (") -I ~ >< I ~ ,I ~ Ii :$ ;g :a n, > .~ "'"3 Z hoz U::Cz J >G) !~> [;1-:0 Ii"'"'m so> f ::c ('I) ,00 ~ , _.~. :<:,~:Ji:~~~;;;' c. :", ~.~. ". - oJ, ':i"~'-' ".....,', ~~:\~ ~~:~~.. -1,.'-; .~ 0;" ~.:~ '1, :t':,.,.- SOlTIllERN CALIFORNIA EDIS 'Ii,''';!;,'...'.;..,. '~,~.... . " .... .... '.(;;,t:.,"::-;,,!:~\.~~,-;;,:: ,.""i";.:l." 4~.'N"""":ii<""""t;. . ...,' -I m z S - i5 ~ ill m ... ~ .. z o . t{:~~:~ lJI ~~~~,. ..'~ c " ........ L- Iii:I .~.~t~'~'l1f,.Q Co( '"'"~''' "-I Ill' ~ ,. rn f'i , l'\ .... '.i '"i' .. CII ... .. GI EtlWANDA AVENUE ~ (:2 ;5 J ? ~ ~ ~ ~. ~ ::J -. ') r 1~3 @,..: ",', ~J~, RESOLUTION NO. t> ~ - J ~ t) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16371 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16371 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. IStJ RANCHO CUCAMONGA [. ...... '2~", f.-'..- i-'.-'--' ,',._, -"" ENGINEERING DEPARTMENT ;"'0 '.\A"~ "'1 Staff Report DAlE: TO: FROM: BY: SUBJECT: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Tasha Hunter, Public Service Tech I ACCEPT IMPROVEMENTS RELATING TO FAITHFUL PERFORMANCE BOND #6243458, RELEASE THE FAITHFUL PERFORMANCE BOND AND ACCEPT A MAINTENANCE BOND FOR TRACT 16370 LOCATED ON THE NORTHWEST CORNER OF CHURCH STREET AND ARBOR LANE, SUBMITTED BY US HOMES CORPORATION RECOMMENDATION: The required improvements for Tract 16370 relating to Faithful Performance Bond #6243458, have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16370, located on the northwest corner of Church Street and Arbor Lane, the applicant was required to complete a portion of the public improvements. Standard Pacific Corporation and US Homes posted two individual Faithful Performance Bonds. Standard Pacific Corporation is nearing completion. The improvements under this bond, submitted by US Homes, have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: US Homes Corporation: 391 N. Main Street, Ste. 300, Corona, Ca 92880 Release: Accept: Faithful Performance Bond # 6243458 (Bond No.) Maintenance Bond # 6243458-0001 (Bond No.) $402,400.00 $ 40,240.00 Res~.~ctfully submitted, UP C1/{~ WiIIi~ -J.- O'Neil City Engineer WJO:TCH Attachment(s) ISS 0 r--- ('() - --..- :3 ~ ~ g ~ . . ~ ~ ~ ~ g i .. C ~ c; ';) .- / NOSIml VINllOdnV;) NlI3/WlOS '1lINNVH;)Ja3lD AVO NOSIQij V1NlIO:InV:> NlIlII!.LlIOS ,;~ . .io~' W - o tf) 'I ,...~U C') ~ .&1 fl~ f ~~ll 1-0 & . O~I . ~s: , ~ i ~I CD .. ... III .. \- \)~ ~'t::6 ~~ o z i ',Ii 11.,'l a.l, "" III ~ ~ ~ - !C ... = ~i " '" . -, I. .. !! . I I. I " " I'I 111 . ,; ,~_; of' ; .:;: "'", ", "~'."., . . .. !" ~_,:r.. '.. <'" ""- .r-.-. .1, """llo.:.. '~11", 'f""(~,.., 'ir-l' '~ ~;~;~t~t, \.;.. liU:f;;:< , . '~: ~ 21 \'" f la" .. "'. RANCHO CUCAMONGA ENGINEERING DEPARTMENT Staff Report DAlE: TO: November 16, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Tasha Hunter, Public Service Tech I ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16312 LOCATED ON THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND CHURCH STREET, SUBMITTED BY VICTORIA ARBORS, LLC RECOMMENDATION: FROM: BY: SUBJECT: The required improvements for Tract 16312 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16312, located on the northwest corner of Day Creek Boulevard and Church Street, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Victoria Arbors, LLC; 391 N. Main Street, Ste. 300, Corona, CA 92880 Release: Accept: Faithful Performance Bond # 08641809 (Bond No.) Maintenance Bond # 0864 1809-M (Bond No.) $658,100.00 $ 65,810.00 Respectfully submitted, (J{;l(! Ut1--ti Willim- J. O'Neil City Engineer WJO:TCH Altachment( s) 157 - ! ~ I J; ; Jq ~ ~ I ~ ...=: \.. L~ ~ ~ (f.) 'ilClN!IAV VONVA\J.L3 - ... ~,r.' j.H.~~ I~ '--' , - ..H, '----1 '- - i-g-l _= ~=.~tj,- r-r ,". -~ I \, __..l~' --I;-=i=- I~ r-- It--- :;)-- ! -- e-- ,1---0-- If- - ! .ni- l!-- - ,I---t-, -- = 1r:--=:5= 1= t- I r-!:- i-- ~ _ t--. N ~.~ ~ - :: ~ :!:l:_ - I=-I~= a ~ r- J' - f--. 1= r 'I ...... ..' ;= r- I f-- ;;:;- ! -...J ..... - ,//-:-.... = - Wc';::: = ~"l:. e' -/;ll r- /'::: 1i/1"1'111~ I, ~ rr Iff: f!!l := I !hI/A(-' 1IIIll ~Il .. Hlj "''>i/ff 0y~ 1\:; ~~. ; liE -.L?- /1 5 '/ \~ r\ 0 lit: -::: F .... ..J )~~ ILV- ~lllll ~ '- ~ - nil I '" JII~I'-U/lJr :c lL u I II A F IWI == - ""\\,ll" t:: if ~~ I~~~~'l ~ r ~v- 1.1 '- ~ I 1111 j::: I- '" . 1111 ~ t-- Ir .-I ~.... i= ~ ~ r- t-- I 1~1::t'1 r- ~ I- 1'" _ ~TI I- .. 41111:v- rnIn I 1 I , 'v I..t.. .~(. . ~ ~.1ll ~\( \)~ ',~ ~~I . ~~;:,/'~J"~ lll\: - ~ -~\ ." "<~: .v" '-'I N.I 1'-1 I 'll.ll .. -: '{;,_;r . "., --,'.,. '..~:t-~j.::.~::I:::: =:~..~_:\ '--"-"-,';:..- --___m.___,__ . -., -." " " '," 'NOSIClB V1N11O<11"JV;) N1I3Hl.nOS , ~, ~ , ::. '- ~ ':- - - i~ rl r-- ..."' .. """- ~~ ~ (/) en ! <(c=:: WO ft a:=!s ~ <C~~~ C!l:f ~ ~; I!t ZO l'l-, ZE-q <c u g:, ...J -,' , o..;;"'l~ ~ ,I~ 3: & X W C Z - ...... o <c a: ...... r-J rf) ...3 ~ @i Ii l.lil i hlhl . , l i ,"! " . Ii - ! ! I Ii ~!5 .~~I ~~e. ~~~" ;u~ J$~ RESOLUTION NO. 0 ~.. ! J./ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16312 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16312 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /51 THE C I T Y o F I '/; i'; " ~i ";;LIUl1iJ1iiUJ1E\i';V;;',..; ib;-';-">" /":< RANCUO CUCAMONGA <d "':-'UJ Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, and City Manager FROM: Pamela S. Easter, Deputy City Manager Kimberly S. Thomas, Management Analyst III, City Manager's Office SUBJECT: CONSIDERATION OF AN ORDINANCE THAT ADOPTS BY REFERENCE ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO AND AMENDS TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE (SECOND READING) RECOMMENDATION For your consideration, it is recommended that the City Council hold a Public Hearing for Second Reading to consider the adoption of the attached Ordinance that adopts animal regulations of the County of San Bernardino by Reference. This Ordinance amends Title 6 of the Rancho Cucamonga Municipal Code to add new Chapter 6.02 to Title 6 of the Rancho Cucamonga Municipal Code, and adopts by Reference, Chapters 1, 2 and 14 of Division 2 of Title 3 of the San Bernardino County Code pertaining to the regulation of animals. The First Reading on this Ordinance was held on October 19, 2005, and the public notice was posted in the Inland Valley Daily Bulletin on November 2, 2005, and November 9, 2005. Thirty (30) days after Second Reading, and Adoption by Reference, City Ordinance No. 750 would become effective. BACKGROUND I ANALYSIS In accordance with the September 7, 2005, Contract Amendment for Animal Control Services, the City agreed that the County has the authority under current agreement to enforce State Law and the Chapters in the County Code, pertaining to the regulation of animals, which have been adopted by City Ordinance. Towards this end, the City agreed to adopt the most current version of Title 3, Division 2, Chapters 1, 2, and 14 of the County Code by November 1, 2005. Therefore, this Ordinance has been placed on the City Council Agenda for consideration. Adoption of this Ordinance by reference will allow the County to provide the same level of service to the City, as well as the 160 PAGE 2 CONSIDERATION OF AN ORDINANCE THAT ADOPTS BY REFERENCE ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO AND AMENDS TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE (SECOND READING) unincorporated areas, until the current contract with the County is effectively terminated and the County ceases to provide field/control services to the City. This Ordinance has been reviewed by the City Attorney's Office. In summary, Chapters 1, 2 and 14 of Division 2 of Title 3 of the San Bernardino County Code proposed for adoption by reference would provide the following: . Chapter 1: Addresses the impoundment of animals, disposal of dead animals, and the prevention of animals running at large. It also regulates the possession of wild, exotic and non-domestic animals in captivity. It further regulates the licensing of pet shops, bird farms and similar premises, and establishes procedures for dealing with noisy animals. . Chapter 2: Establishes procedures for handling animals that bite, rabies vaccinations, and the licensing of dogs. . Chapter 14: Replaces current procedures for handling potentially dangerous and vicious animals with County procedures, including procedures for providing notice and a hearing in connection with a determination that an animal is potentially dangerous or vicious. The proposed Ordinance provides criminal penalties for violations and authorizes the Council to set fees by Resolution. That Resolution will be forthcoming at a future Council meeting. CONCLUSION It is recommended that the Council conclude the Second Reading and adopt the attached Ordinance that adopts by reference, the County ordinance relating to the regulation of animals. Respectfully submitted, Pamela S. Easter Deputy City Manager p~s&.~ Attachments -Proposed City Ordinance No. 750 (Proposed Addition of Chapter 6.02 to Title 6 of the Rancho Cucamonga Municipal Code), adoption by reference of San Bernardino County Code, Chapters 1, 2 and 14 of Division 2 of Title 3 -San Bernardino County Code: Chapters 1, 2 and 14 of Division 2 of Title 3 //,/ -. ; ORDINANCE NO. 750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO BY REFERENCE, AND AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. (i) reference. Government Code 9 50022, et seq., authorizes the City to adopt codes by (ii) It is the intent of the City Council in enacting this Ordinance to adopt, by reference, certain animal regulations of the County of San Bernardino. (iii) The City Council has heretofore conducted a public hearing to consider adoption of the provisions of the San Bernardino Code specified herein. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section I. correct. The facts set forth in the Recitals, Part A, of this Ordinance are true and Section 2. Chapter 6.04 of Title 6 of the Rancho Cucamonga Municipal Code is hereby repealed provided, however, that sucq repeal shall not affect or excuse any violation of said Chapter occurring prior to the effective date of this Ordinance. Section 3. A new Chapter 6.02 is hereby added to Title 6 of the Rancho Cucamonga Municipal Code to read as follows: "Chapter 6.02 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS. Section 6.02.010 6.02.020 County regulations adopted. Establishment of fees. II231.0001\841575v1.doc I to 2. , 6.02.010 County regulations adopted. A. The following parts of the codified ordinances of the County of San Bernardino, as the same exist on November 1, 2005, are hereby adopted by reference in the same manner as if fully set forth herein: 1. Chapter I of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on October 1,2005, but excluding Section 32.0120 (Penalties). 2. Chapter 2 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on October I, 2005, but excluding Section 32.0224 (Penalty Provisions). 3. Chapter 14 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on October 1, 2005, but excluding Section 32.1409 (Criminal Penalties/Injunction). It is the intent of the City Council in adopting the foregoing County Code provisions that the same shall be enforced within the corporate limits of the City of Rancho Cucamonga to the same extent and with the same authority as would otherwise be applicable to the unincorporated areas of the County of San Bernardino. In accordance with the foregoing, all references to the unincorporated area(s) of the County in the County Code provisions being adopted by reference herein, shall mean and include the incorporated areas of the City, to the extent the context requires or permits. A certified copy of each of the foregoing provisions of the San Bernardino County Code is on file in the office of the City Clerk. B. Penalties. I. Any person, firm, partnership, corporation or other entity violating any provision of Chapter I of Division 2 of Title 3 of the San Bernardino County Code shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof such violation is in existence shall be a new and separate offense. Any violator so convicted shall be: (a) Guilty of an infraction and punished by a fine not exceeding one hundred dollars ($100.00) and not less than fifty dollars ($50.00) for a first offense. (b) Guilty of an infraction and punished by a fine not exceeding two hundred dollars ($200.00) and not less than one hundred dollars ($100.00) for a second offense. (c) Guilty ofa misdemeanor for the third and any additional offense, and shall be punishable by fines not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both. 2 11231.0001\84I575vl.doc /1,3 , ~ (d) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any fine or service of a jail sentence shall not relieve any violator from the responsibility of correcting the condition resulting from the violation. In addition to the foregoing penalties, the court may order that the guilty party reimburse the City and/or County for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City andlor County. The owner, manager, and operator of every activity or facility subject to this chapter shall be responsible for any violation of this chapter by an employee or agent thereof. 2. Any person, firm, partnership or corporation or other entity violating any of the provisions of Chapter 2 of Division 2 of Title 3 of the San Bernardino County Code shall be guilty of an infraction and upon being found guilty thereof shall be punished as set forth in Section 1.12.030 of the Rancho Cucamonga Municipal Code, pertaining to the penalty for infractions. 3. The penalties for violation of Chapter 14 ofOivision 2 of Title 3 of the San Bernardino County Code shall be the same as provided for in Section 6.02.010 B.l, above. 6.02.020 Establishment of fees. Fees for dog licenses and other services provided for in this chapter including, but not limited to, fees for food and care, vaccination, impound fees, placement fees, spay and neutering fees, and veterinary care and release fees, shall be as established by resolution of the City Council." Section 4. Civil remedies. The violation of any of the provisions of this Ordinance or the County Code provisions hereby adopted shall constitute a nuisance and may be abated by the City and/or County of San Bernardino acting on behalf of the City, through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 5. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or County Code provisions hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and County Code provisions hereby adopted shall remain in full force and effect. 3 11231-0001\841575vl.doc /~'I ANIMAL CONTROL DIVISION 2. ANIMALS Chapters: 1. Animal Control. 2. Rabies (Biting and Bitten Animals: Vaccination and Licensing). 3. Dog Kennels. 4. Hogs ---Garbage-Feeding Hog Ranches. 5. Livestock. 6. Cattle Tuberculosis Suppression. 7. Transportation and Movement of Livestock Over Public and Private Lands. 8. Repealed by Ordinance 3105. 9. Apiaries. 10. Commercial Calf Growers. 11. Repealed by Ordinance 3105. 12. Catteries. 13. Animal Food and Food Scraps. Chapter 1 ANIMAL CONTROL Section: 32.0101 Definitions. 32.0102 Impoundment of Animals - Persons Charged with Enforcement. . 32.0103 Disposition of Impounded Animals. 32.0104 Record of Impounded Animals 32.0105 Disposition of Dead Animals. 32.0106 Deleted by Ordinance 2100. 32.0107 Abandoned Animals. 32.0108 Control of Animals. 32.0109 Female Dogs and Puppies. 32.0110 Wild, Exotic or Nondomestic Animals in Captivity. 32.0111 Licensing of Animal Establishments Other Than Dog Kennels and Catteries. 32.0112 Application for a License to Operate. 32.0113 General Regulations Relating to Animals. 32.0114 Expiration of License. 32.0115 Renewal of License. 32.0116 Inspection. 32.0117 Revocation of License. 32.0118 License not Transferable. 32.0119 Animals Which Habitually Make Noise. 32.0120 Penalties. 32.0121 Injunction. 3 - 68 /t,s A~IMAL CONTROL 32.0101 Definitions. (a) The term "animal" as used herein shall mean any mammal, poultry, fowl, reptile, fish, or any other living creature. (b) The term "abandoned animal" as used herein shall mean any animal left unattended for a minimum of twenty-four (24) hours without receiving proper care and/or treatment by its owner or caretaker. (c) The term "animal control officer" as used herein shall mean any person duly appointed by the Health Officer and authorized to act on his/her behalf in the enforcement of the Animal Care and Control Program. (d) The term "animal menagerie" as used herein shall mean any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained, or kept for hire. (e) The term "potentially dangerous animal" as used herein shall mean any of the following: (1) Any animal which, unprovoked, on two separate occasions within any thirty- six month period, engages in any behavior that requires defensive action by any person to prevent bodily injury, but only if the person and the animal are off the property of the owner or keeper of the animal when the animal behavior occurs. (2) Any animal, which, unprovoked, bites a person causing a less than severe injury, as defined in subsection (y) of this section. (3) Any animal, which, unprovoked, kills, seriously bites or otherwise inflicts or causes injury to a domestic animal, but only if such occurs off the property of the owner or keeper of the attacking animal. (f) The term "animal shelter" as used herein shall mean all places where impounded animals are to be confined, whether by the County or by a private person or persons under contract or agreement with the County. (g) The term "vicious animal" as used herein shall mean any of the following~ (1) Any animal seized under section 599aa (fighting animals) of the California Penal Code and fighting dogs as provided in subdivision (a) of section 597.5 of the California Penal Code when there has been a conviction of the owner or keeper of the subject dogs under that subdivision of the Penal Code. (2) Any animal which, unprovoked, inflicts severe injury on a human being, as such injury is defined in subsection (y) of this section, or kills a human being. (3) Any animal previously determined and currently listed as a potentially dangerous animal, which, after its owner or keeper has been notified of this determination, continues the behavior described in subsection 32.0101(e) or is maintained in violation of section 32.1405 of this Code. (h) The term "wild animal" as used herein shall mean any wild, exotic, dangerous or venomous animal, including but not limited to mammals, fowl, fish, or reptile. (i) The term "cat" as used herein shall mean all domesticated felines. U) The term "chief officer" as used herein shall mean the San Bernardino County Public Health Program Manager assigned to the Animal Care and Control program or any other person so designated. (k) The term "dog" as used herein shall mean any dog of any age, female or male. (I) The term "altered dog" as used herein shall mean any dog which has been certified in writing by a veterinarian as being nonreproductive. (m)The term "guard dog" as used herein shall mean any dog used for the purpose of guard duty. 3 - 69 l~6 ANIMAL CONTROL (n) The term "unlicensed dog" as used herein shall mean any dog for which a current license has not been paid, or to which the current tag provided for in this Code is not attached. (0) The term "enclosure" as used herein shall mean a pen or structure suitable to confine an animal determined potentially dangerous or vicious. The enclosure shall be designed to prevent the animal from escaping and to prevent the entry of young children and other persons. (p) The term "health officer" as used herein shall mean the San Bernardino County Health Officer or any other person duly authorized to act on hislher behalf. (q) The term "impoundment" as used herein shall mean the picking up of an animal by a duly authorized person and bringing it into an animal shelter for confinement, custody, and disposition. (r) The term "leash" as used herein shall mean any rope, leather strap, chain or other material not exceeding six feet in length being held in the hand of a person capable of controlling the animal to which it is attached. (s) The term "license tag" as used herein shall mean a piece of metal or other durable material inscribed with a date and number which has been issued by the County or a municipal dog licensing agency. (t) The term "livestock" as used herein shall mean all domesticated bovine, equine, caprine, ovine and porcine species. (u) The terms "owner or keeper" as used herein shall mean any person who owns or maintains an animal, or who harbors or keeps an animal for fifteen (15) or more consecutive days, except a veterinarian or an operator of a grooming shop, a kennel or a pet shop engaged in the regular practice of this business. (v) The term "perimeter fence" as used herein shall mean a fence which shall guard and contain the enclosure and shall be totally separate from such enclosure and shall be a minimum of six (6) feet in height and shall be at least six (6) feet from the enclosure on all sides to prevent contact between the animal and the public. (w)The term "person" as used herein shall mean any person, firm, partnership, corporation, trust, or any association of persons. (x) The term "registration" as used herein shall mean that any animal which has been declared Potentially Dangerous or Vicious shall be registered as such with the Animal Care and Control Program. (y) The term "severe injury" as used herein shall mean any physical injury to a human being, which results in muscle tears or disfiguring lacerations or which requires multiple sutures or corrective or cosmetic surgery. (z) The term "shelterkeeper" as used herein shall mean the San Bernardino County Public Health Animal Shelter Supervisor assigned to the Animal Care and Control program or any other person so designated by the Health Officer. (aa)The term "stray" as used herein shall mean any animal with no identification or with no known owner or keeper. Adopted Ordinance 962 (1961); Amended Ordinance 1455 (1968); Amended Ordinance 1603 (1970); Amended Ordinance 1764 (1972); Amended Ordinance 3804 (2000); Amended Ordinance 3908 (2004); 3 - 70 /~1 ANIMAL CONTROL 32.0102 Impoundment of Animals - Persons Charged with Enforcement. (a) The Sheriff and his deputies, Animal Control Officers, every Shelterkeeper and any person employed or designated for that purpose by the Board of Supervisors are hereby authorized and empowered to: (1) Capture, receive, take up and impound: (A) Any dog or other animal found running at large in violation of this Code or of any law of the State of California. (B) Any dog or other animal which is harassing any person. (C) Any dog, which is harassing an animal upon the premises of any person's property or public place, including the owner's or keeper's property. (D)Any animal, including wild animals, being kept or maintained within a person's property in violation of this Code or of any law of the State of California. (E) Stray or abandoned animals. (F) Dogs, which are not licensed or not vaccinated, in violation of this Code. (G)Any animals delivered for disposition, by its owner, when the owner has paid the required fee and signed forms releasing all title and interest in the animal. (H)Any animal which cannot be cared for by its owner or custodian because of the owner or custodian's imprisonment, illness, bankruptcy, litigation, or other contingency, or because the owner or custodian cannot be found. (2) Regularly and adequately provide food, water and otherwise care for all animals impounded under the provisions of this Code. (3) Take up and impound any sick or injured animal whose owner is unknown or unidentified; to humanely destroy any such injured animal, when, in the opinion of the officer, registered veterinary technician or a licensed veterinarian, such destruction is necessary and humane; and make proper disposition of such destroyed animal. Should the owner of an injured or destroyed animal be identified, the owner shall be immediately notified of its injury or destruction. (4) Perform any other acts necessary to carry out the provisions of this Code and of the laws of the State of California relating to animals. (b) The officer having custody of any impounded animal may, by humane methods, summarily destroy the animal if: (1) the animal is suffering from any incurable or contagious disease as certified to by a licensed veterinarian or registered veterinary technician and the destruction has been approved by the Chief Officer, or designee, of the Animal Care and Control Program; (2) the animal is in the field and it is too severely ill or injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal and the destruction is approved by the Chief Officer, or designee, of the Animal Care and Control Program; (3) the animal is in the act of killing, wounding or persistently pursuing a human being. (c) Except as provided in Food and Agriculture Code sections 3175 or 31108 for owner redemption, any officer having in his/her custody any unlicensed, impounded animal not suffering from any infectious or communicable disease may release the animal to any adult person who will pay the pound fees and charges as specified in the San Bernardino County Code Schedule of Fees. If a resident of an unincorporated area, the person shall also pay rabies vaccination and license fees for a dog. (d) All the provisions of this Code pertaining to impounded, unlicensed dogs, except the licensing provisions thereof, shall apply to impounded cats. 3 - 71 /6g ANIMAL CONTROL (e) The Shelterkeeper or any duly authorized person shall have the right to receive and dispose of animals delivered into hislher possession by their owners and shall charge a fee for each animal delivered into custody pursuant to San Bernardino County Code Schedule of Fees. (f) Any impounded animal that has not been redeemed or adopted may be disposed of by euthanasia in accordance with State and County laws. Adopted Ordinance #962 (1961); Amended Ordinance #1455 (1968); Amended Ordinance #1603 (1970); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0103 Disposition of Impounded Animals. (a) An impounded animal may be redeemed by payment of a specified shelter fee in addition to the daily charges and other charges, if any, for each day the animal has been impounded, pursuant to the San Bernardino County Code Schedule of Fees. (b) Any dog over the age of four (4) months that has been impounded shall not be released from the pound, or from any shelter that is under contract with the County of San Bernardino, unless it shall first be licensed in accordance with the provisions of this Code. (c) Any officer acting under the provisions of this Code and impounding a licensed dog or otherwise identifiable animal, shall give notice of the impounding of the animal in person or by first class mail, postage prepaid, to the last known address of the owner. If the animal is not redeemed and the owner or possessor does not pay the license fee, obtain a license tag, and pay the fees required as specified in this Code after notice has been given, the officer shall destroy or dispose of such animal. (d) In accordance with California Food & Agriculture Code, sections 30503 (c) (dogs: spay/neuter), 31108 (b) (impounded dog) and 31752 (b) (cats: spayl neuter) in which the County is authorized to. release any stray dog or cat that is impounded prior to it being euthanized to an animal rescue group that has entered into an agreement with the County, the adoption fee and spaylneuter deposit shall be waived on said animal and authority is given to the Health Officer to enter into such agreements. Adopted Ordinance #962 (1961); Amended Ordinance #1753 (1972); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0104 Record of Impounded Animals. Each Shelterkeeper, Animal Control Officer, or any other duly authorized person, shall keep a record of all animals impounded by himlher that shall show: (a) Date of impoundment. (b) License tag number, if any. (c) Complete description of animal. (d) Date and manner of its disposal, and (e) If redeemed, sold or rescued, the name and address of the person by whom redeemed, purchased or rescued, the amount of all fees and other monies received or collected by him/her and the disposition thereof. Adopted Ordinance #962 (1961); Amended Ordinance #1753 (1972); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 3 - 72 1~9 ANIMAL CONTROL 32.0105 Disposition of Dead Animals. When any dog or other animal owned by or in the custody or control of any person or found in any person's private property dies, such person shall, within twenty-four (24) hours, provide for the burial, incineration, or other disposition of the body of such dead animal in a safe and sanitary manner. It shall be unlawful for any person to dispose of the body of such dead animal in any public or private property, other than his own, without proper authorization from the County Health Department. Adopted Ordinance #962 (1961); Amended Ordinance #1753 (1972); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0106 Deleted by Ordinance 2100 (1976). Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #1767 (1972); Amended Ordinance #1779 (1972); Amended Ordinance #1821 (1973); Amended Ordinance #3804 (2000); 32.0107 Abandoned Animals. It shall be unlawful to abandon any animal in the County of San Bernardino. Adopted Ordinance #962 (1961); Amended Ordinance #1603 (1970); Amended Ordinance #1753 (1972); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0108 Control of Animals. (a) No person owning or having control of any animal shall permit such animal to stray, to run at large upon any private or public street, sidewalk, schoolground, public park, playground, place of public assembly or any other public place or upon any unenclosed private lot or other unenclosed private place or upon any private property. without the consent of the owner or person in control thereof. Parkways comprising the area between the street and sidewalk shall be included as private property for purposes of this section. (b) Any person who finds any animal which has strayed or is running at large upon hislher own property or any other place contrary to the provisions of this chapter, may take possession of and hold same provided, within four (4) hours after securing possession thereof, helshe shall notify the Health Officer or Animal Control Officer or the Sheriff of the fact that helshe has such animal in hislher possession and give the Health Officer, Animal Control Officer, or Sheriff full information in regard to the animal, including a complete description of the animal and license number, if any, and shall surrender the animal to the Health Officer, Animal Control Officer, or Sheriff upon demand. (c) No person may lawfully bring hislher dog out of his/her property unless: (1) The dog is restrained by a leash and is in the charge of a person competent to restrain the dog; or (2) The dog is properly restrained and enclosed in a vehicle, cage or similar enclosure. 3 - 73 /1D ANIMAL CONTROL (d) Any dog found running at large, running loose or unrestrained may be impounded by the Health Officer, Animal Control Officer, or Sheriff for a period of not less than ninety-six (96) hours. Any unclaimed dogs shall then be destroyed or disposed of in accordance with section 32.0103 of this Code. (e) There shall be a reclaiming fee for all impounded dogs, as set forth in the San Bernardino County Code Schedule of Fees. (f) A person having custody of any dog shall not permit, either willfully or through failure to exercise due care or control, any such dog to defecate or urinate upon a public street or sidewalk; the floor of any common hall in any apartment house, hotel or other multiple dwelling; upon any entrance way, stairway, or wall immediately abutting on a public sidewalk; or upon the floor of any theater, shop, store, office building, or other building used by the public. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #1767 (1972); Amended Ordinance #1779 (1972); Amended Ordinance #1821 (1973); Amended Ordinance #3804 (2000); 32.0109 Female Dogs and Puppies. (a) It shall be unlawful for any person to permit any female dog that is owned, harbored or controlled by that person, when said female dog is in heat or in season or breeding condition, to be unconfined and in such a manner that it attracts stray male dogs. (b) All dogs under four (4) months of age and until vaccinated shall be confined to the premises of or kept under physical restraint by the owner or keeper. Nothing in this chapter shall be construed to prevent the sale or transportation of a puppy younger than four (4) months of age. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #2100 (1976); Amended Ordinance; Amended Ordinance #3804 (2000); 32.0110 Wild, Exotic or Nondomestic Animals in Captivity. No person shall have, keep, maintain, breed, sell, trade or let for hire, any wild, exotic, dangerous, or nondomestic animal without first applying to any receiving special authorization from the Health Officer. The keeping or maintenance of such animals shall also conform to the appropriate zoning codes as well as laws and regulations promulgated by the State of California and the Federal government. The Health Officer may authorize the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his or her opinion, any such animal may be kept or maintained without endangering the safety of any person, any animal or property, nor create a nuisance; provided however, that the Health Officer may require any such animal be properly caged, tethered, or restrained, and may create such additional requirements as may be necessary and proper under the circumstances. The Health Officer shall also require that the owner or keeper of any privately owned wild, exotic, dangerous or nondomestic animal pay a license fee as specified in the County Schedule of Fees; the initial fee to be paid at the time of application. The Health Officer may revoke such authorization when, in his or her opinion, the safety of any person, other animal or property is endangered, or the keeping of such animal creates a nuisance. 3 - 74 11\ ANIMAL CONTROL The provisions of this section shall not be applicable to licensed circuses, carnivals, zoos, or other collections of wild animals under jurisdiction of a city, or the State or Federal government. Adopted Ordinance #962 (1961); Amended Ordinance #1512 (1969); Amended Ordinance #1764 (1972); Amended Ordinance #2995 (1986); Amended Ordinance #3804 (2000); 32.0111 Licensing of Animal Establishments Other Than Dog Kennels And Catteries. No person shall conduct or operate any pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, or animal menagerie, without first obtaining a license from the County Health Officer. Any such establishment shall also conform to the appropriate zoning codes. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0112Application for a License to Operate. An application for a license to operate a pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, or animal menagerie, shall be made in writing to the Health Officer. Not later than ten (10) days after receipt of the application by the Health Officer, the facilities for which said license is requested will be examined by the Health Officer. No license shall be issued or renewed unless and until all general regulations relating to animals, as set forth by the Health Officer, are complied with, and an annual fee as specified in the County Schedule of Fees is paid. Any building or structure used in the housing or maintaining of said animals shall be approved by the County Building Department. 32.0113 General Regulations Relating to Animals. Every person within the County of San Bernardino who owns, conducts, manages, or operates any animal establishment for which a license is required by this chapter, shall comply with each of the following conditions: (a) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals. (b) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. (c) All animalS shall be supplied with sufficient good wholesome food and water as often as the feeding habits of the respective animals require. (d) Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. (e) All reasonable precautions shall be taken to protect the public from the animals and animals from the public. . (f) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals. (g) All animal rooms, cages, and runs shall be of sufficient size to provide adequate space for clean water and proper housing for animals kept therein. 3 - 75 /12. . . ANIMAL CONTROL (h) All animal runs shall be approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation. (i) All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the Health Officer. OJ Every precaution shall be taken to avoid the production of nuisances and any hazard to the public health as a result of the presence of any wild, dangerous and/or exotic animals. (k) Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the Health Officer. (I) Failure of the applicant for said license to comply with any of the foregoing conditions shall be deemed just cause for the denial of any license, whether original or renewal. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0114 Expiration of License. Any license issued under this chapter shall expire at the end of such fiscal year in which the license is issued. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0115Renewal of License. The procedure for the renewal of any license shall be subject to the same conditions and shall be done in the same manner as the issuance of an original license. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0116Inspection. The Health Officer shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0117 Revocation of License. The Health Officer may revoke any license issued pursuant to this chapter, whenever he or she shall determine from an inspection that any animal establishment fails to meet all conditions contained in section 32.0113, or for any other violation of this chapter. 3 - 76 11~ ANIMAL CONTROL Any revocation of a license shall be effective until all conditions of section 32.0113 have been met and complied with or such other violation of this chapter has been remedied, to the satisfaction of the Health Officer and written notice of this fact has been given to the licensee. Upon receipt of notice of compliance the license shall be deemed in full force and effect for the remainder of the original term for which issued. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0118 License Not Transferable. licenses issued pursuant to this chapter shall not be transferable, except when the owner of such property sells the original property that included a licensed animal establishment within such property, and the licensed animal establishment remains within the confines of the original property. Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended Ordinance #3804 (2000); 32.0119Animals Which Habitually Make Noise. (a) Excluding noise from property not zoned for residential purposes (property without "R" in its zoning classification), it shall be unlawful for any person owning or having control of one or more of any animal, either willfully or through failure to exercise proper control, to allow such animal to habitually bark, howl, crow, or make any other loud noises in such a manner as to at any time, day or night, cause general annoyance or discomfort to a neighboring inhabitant. The standard of general annoyance or discomfort is a "reasonable person" standard, i.e., the noise is such that a reasonable person, under the same or similar circumstances, would suffer annoyance or discomfort. (b) Evidence of a violation may be based upon complaints from neighboring inhabitant(s), hereby defined as persons living within two hundred (200) yards of such animal owner or keeper's premises, or if said animal wanders outside of said premises, within two hundred (200) yards of any place where such animal wanders outside of said premises. If there is more than one neighboring inhabitant, as defined above, evidence of a violation requires complaints from at least two (2) neighboring inhabitants living in separate residences. If there is only one neighboring inhabitant, evidence of a public nuisance may be based on a complaint from only one (1) person or persons in that household. If there is more than one neighboring inhabitant, as defined above, evidence of a public nuisance may, upon application of a single complaining neighboring inhabitant, be established by that person by seeking a waiver from the chief officer of the two- complainant requirement. To obtain such a waiver, a single complainant shall provide to the Animal Control Officer additional credible evidence of a violation, which may include, but is not limited to, tape recordings, videotapes, sound monitoring logs, photographs, maps, or declarations of other persons. 3 - 77 17'/ ANIMAL CONTROL If the complainant(s) lives in excess of two hundred (200) yards of such animal owner or keeper's premises, that person or those persons may establish evidence of a violation by seeking a waiver from the chief officer of the two hundred (200) yard requirement. To obtain such a waiver, a complainant or complainants living more than two hundred (200) yards from the noise shall provide to the Animal Control Officer additional credible evidence that helshelthey are experiencing a level of noise comparable to a person residing within two hundred (200) yards of the noise, which evidence may include, but is not limited to, tape recordings, videotapes, sound monitoring logs, photographs, maps, or declarations of other persons living a similar distance away from the noise. (c) The Animal Control Officer will substantially follow the procedures below in responding to all complaints of noisy animals, however, the procedures and timelines set forth herein are discretionary and not mandatory. Should a particular stage in the process take longer than the period set forth, or should exceptional circumstances require any of the periods be shortened, the process may proceed to the next step without the necessity of repeating any prior step. (1) Upon receiving an initial complaint from any person, either orally or in writing, the owner(s) or keeper(s) of the animal that may be violating this section will'be sent a courtesy abatement lelter. The lelter will notify the owner(s) or keeper(s) that San Bernardino County Animal Care and Control has received a complaint or complaints regarding hislherltheir animal(s) that may be in violation of this section, describing the substance of the complaint. The lelter will also explain the process and potential costslconsequences for all parties of the process going to citation, will encourage the parties to altempt to resolve the complaint themselves, and, if that is unsuccessful, to seek mediation services, and will provide information on free and low cost mediation services available. Upon sending out the initial courtesy abatement lelter, Animal Care and Control personnel will enter the date and address of the animal owner or keeper in the Nuisance Animal Noise Lelter Log that is kept on file. ' A-blindcopy of the letter will'" be sent to the complainant, with a cover memo requesting the complainant contact Animal Care and Control if the noise has not abated by the end of the two-week period specified in the lelter. At the same time the initial lelter is sent, the complainant will be sent a Nuisance Animal Noise Information Sheet along with two Nuisance Animal Noise Complaint Forms, with instructions that, if the nuisance has not abated by the end of the two week period, to complete the form and have at least one neighboring inhabitant in a separate household complete the second form. The complainants must complete and sign the forms under penalty of pe~ury, and return them to Animal Care and Control. The letter shall also contain a Waiver Application Form, and advise a single complainant, or complainants or a complainant that lives further than two hundred (200) yards from the animal owner(s) or keeper(s), that helshelthey may, by filling it out, obtain from the chief officer a waiver of the two-complainant requirement. Upon sending out the Nuisance Animal Noise Information Sheet and Nuisance Animal Noise Complaint Form, Animal Care and Control personnel will enter the date, complainant's name and address and the alleged violator's name and address on the Nuisance Animal Noise Complaint Form Log that is kept on file. 3 - 78 /1? ANIMAL CONTROL (2) If, at the end of the two-week period, the complainant(s) advise(s) Animal Care and Control that the noise is not abated, the complainant(s) will be advised that helshelthey may file a formal written complaint by submitting the Nuisance Animal Noise Complaint Form. At the time of this second contact, in which the complainant(s) indicate(s) that a nuisance animal noise problem still exists, the Nuisance Animal Noise Letter Log will be checked to verify that an initial letter has been sent to the animal owner or keeper. (3) Upon receipt of two or more completed Nuisance Animal Noise Complaint Forms, or one if there is only one neighboring inhabitant or a waiver of the two- complainant rule is granted, an Animal Control Officer will be assigned to serve a Notice of Violation on the animal owner(s) or keeper(s). The notice shall be served in person, or sent first class mail, postage prepaid, and shall advise the animal owner or keeper that helshe will be given two-weeks from the mailing or service of the notice to comply with the provisions of this section in order to avoid further enforcement action. A file will be kept on the residential address of the animal owner or keeper. The completed Nuisance Animal Noise Complaint Form(s) and a copy of the Notice of Violation will be kept on file. A blind copy of the Notice of Violation will be sent to the complainant(s), with a cover memo requesting the complainant(s) contact Animal Care and Control if the noise has not abated by the end of the two-week period specified in the Notice of Violation. (4) If, at the end of the two-week period specified in the Notice of Violation, the complainants or complainant advises Animal Care and Control that the noise is not abated, a citation will be issU€d to the violator. The complainants or complainant at that stage must be willing to have hislherltheir name(s) appear on the citation in the area designated for "arresting officer". An Animal Control Officer will be assigned to issue a citation to the animal owner or keeper for violation of this section on behalf of the complainant(s). The Animal Control Officer will sign the citation in the area designated for "issuing officer". (5) Each subsequent day, or portion thereof, that an animal owned or kept by a party receiving a Notice of Violation creates an animal noise nuisance beyond the two- week period specified in (4) above, shall constitute a separate violation and a separate citation may be issued. For each citation issued, steps (6) and (7) below shall be followed. (6) Once a citation or citations have been issued to the animal owner or keeper, the issuing Animal Control Officer must complete an Investigation Report. The immediate supervisor or Supervising Animal Control Officer II will review the court's copy of the citation or citations and the completed Investigation Report. After the report has been approved and typed, the following documents will be attached and forwarded to the appropriate court: (A) Court's copy of the citation or citations. '(8) Investigation Report. (C) Copy of the Notice of Violation. (D)AII copies of the Nuisance Animal Noise Complaint Form or forms received from the complainant or complainants, if there is more than one complainant. (7) A complete copy of the documents that are forwarded to the appropriate court will be placed in the file kept on the animal owner or keeper. Adopted Ordinance #3280 (1988); Amended Ordinance #3804 (2000); 3 - 79 /1t. . ANIMAL CONTROL 32.0120 Penalties. (a) Any person, firm, partnership, corporation or other entity violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof such violation is in existence shall be a new and separate offense. Any person so convicted shall be: (1) Guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) and not less than fifty dollars ($50.00) for a first offense. (2) Guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) and not less than one hundred dollars ($100.00) for a second offense. (3) The third and any additional offenses shall constitute misdemeanors and shall be punishable by fines not exceeding one thousand dollars ($1,000.00) and not less than five hundred dollars ($500.00) or six (6) months in jail, or both. (4) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. (b) Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation. (c) In addition to the above penalties, the court may order that the guilty party reimburse the County for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the County. (d) The owner, manager, and operator of every activity or facility subject to this chapter shall be responsible fqr any violation of this chapter by an employee. Adopted Ordinance #3280 (1988); Amended Ordinance #3804 (2000); 32.0121 Injunction. Any violation of this chapter is hereby declared to be unlawful and a public nuisance. Upon request of the Health Officer, an action for injunctive relief may be commenced for the abatement, removal and enjoinment thereof in the manner provided by law. Application shall be made to such court that has jurisdiction to grant such relief to abate or remove such illegal activity and to restrain any person from engaging in such illegal activity. This remedy shall be in addition toany other civil or criminal relief or penalty. Adopted Ordinance #3804 (2000); 3 - 80 111 RABIES Sections: 32.021 32.022 32.023 32.024 32.025 32.026 32.027 32.028 32.029 32.0210 32.0211 32.0212 32.0213 32.0214 32.0215 32.0216 32.0217 32.0218 32.0219 32.0220 32.0221 32.0222 32.0223 32.0224 Chapter 2 RABIES (BITING AND BITTEN ANIMALS: VACCINATION AND LICENSING) Duty to Report Animal Bites. Confinement of Biting Animal. Reporting and Confinement of Rabid Animals. Disposition of Animals Bitten by Rabid Animals. Posting of Quarantine Sign. Prohibiting the Keeping and Sale of Skunks. Possession of Unvaccinated Dogs. Vaccination. License Responsibility. License Application. License Fees. Exceptions to Vaccination. Penalty Fee. Effective Duration of License. Duplicate License Tag. Wearing of Tag. Falsification of License Tag. Unlawful Use of Tag. Exemption of Payment of License Fee. Categories of Dogs Not Requiring License. Transfer of Ownership. Renewal of License. Authority to Enter Any Premises. Penalty Provisions. 32.021 Duty to Report Animal Bites. It shall be the duty of any person having knowledge that any animal subject to rabies, whether or not the animal is suspected of having rabies, has bitten any human being within the unincorporated areas of the County to immediately report that fact to the Health Officer or to the Sheriff with full information in regard to the incident. Amended Ordinance #1764 (1972); 32.022 Confinement of Biting Animal. Upon receipt of a report that a person has been bitten by an animal subject to rabies (all warm-blooded mammals), any person authorized to enforce the provisions of this chapter, is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and to seize and impound if necessary, in a place and manner approved by the County Health Officer, any such animal for a period of ten (10) days (for dogs and cats) and fourteen (14) days (for other animals). Excepted are rodents, (members of the order Rodentia) rabbits and hares (members of the order Lagomorpha). 3 - 81 /71 RABIES Notwithstanding the foregoing provIsions, the Health Officer may authorize, with permission of the owner, if known, and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test in the County Health Department Laboratory. It shall be unlawful for any person to remove from any place of isolation or quarantine, any animal which has been isolated or quarantined under the provisions of this chapter, without the consent of the Health Officer. Amended Ordinance #1764 (1972); 32.023 Reporting and Confinement of Rabid Animals. It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to the Health Officer. If such person is the owner or possessor or has custody of such animal, he shall immediately confine it and keep said animal strictly confined until it shall be established to the satisfaction of said official that such animal has or has not rabies. Where such owner or possessor does not have the proper facility for such confinement, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital, or other adequate facility in a manner approved by the County Health Officer, and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies. If such animal creates a menace to the public health and safety, the Health Officer or his representative may kill or destroy the animal forthwith and examine it for rabies in the laboratory using the fluorescent rabies antibody (FRA) test in the County Health Department Laboratory. Whenever any such owned biting animal is quarantined in a place other than the premises of its owner, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal. Amended Ordinance #1764 (1972); 32.024 Disposition of Animals Bitten by Rabid Animals. Any animal that is subject to rabies which has been exposed to a known rabid animal or suspected rabid animal shall, upon notification of its owner, possessor or custodian, be: (a) immediately securely confined in a place and manner approved by the Health Officer for a period of six (6) months; or (b) Immediately destroyed unless the biting animal is determined by laboratory examination to be negative from rabies; except that in the case of dogs and cats, the following alternative is permitted: (1) The dog or cat shall be revaccinated and then quarantined for a period of thirty (30) days provided such dog or cat bas been vaccinated not less than thirty (30) days, with a rabies vaccine approved by the California State Department of Public Health. The Health Officer may, in his discretion, kill or quarantine the animal so bitten, in case the owner, possessor or custodian, thereof shall fail to do so immediately, or in case the owner, possessor or custodian thereof is not readily accessible or is not known. 3 - 82 /1q RABIES The carcass of any dead animal exposed to rabies will, upon demand, be surrendered to the Health Officer. Upon the discretion of the Health Officer, the County Health Laboratory shall examine for rabies specimens of high-risk or medium-risk animals involved in a biting incident. Specimens of low-risk animals may be examined upon payment of reasonable laboratory fees. Amended Ordinance #1512 (1969); Amended Ordinance #1764 (1972); Amended Ordinance #2354 (1979); 32.025 Posting of Quarantine Sign. It shall be the duty of any person authorized to enforce the provisions of this chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or confined to warn the public of this fact. It shall be unlawful for anyone to obstruct the posting of such a sign or to remove or destroy such a posted sign without permission of the Health Officer. Amended Ordinance #1512 (1969); Amended Ordinance #1764 (1972); 32.026 Prohibiting the Keeping and Sale of Skunks. It shall be unlawful for any person, firm or corporation to (a) trap or capture skunks for pets; (b) trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and (c) transport skunks from or into the County, except that the importation or exportation of skunks may be permitted by the Health Officer for recognized zoological gardens or research institutions. Amended Ordinance #1764 (1972); 32.027 Possession of Unvaccinated Dogs. It shall be unlawful for any person within the County of San Bernardino, outside municipal corporations, to own, have an interest in, harbor and feed, or have the care, charge, custody, or possession of a dog over the age of four (4) months, whether such dog is confined or not, unless such dog has a current vaccination with the rabies vaccine approved by the California State Department of Public Health and is officially tagged as provided for in this chapter. Said vaccine shall be used exclusively to vaccinate all dogs within the County of San Bernardino. Vaccination with said vaccine shall be valid for a period not to exceed one (1) year when administered to a dog under one (1) year of age, or three (3) years when administered to a dog over one (1) year of age. Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990); 32.028 Vaccination. Said rabies vaccination shall be performed only by a veterinarian who is duly licensed to practice in the State of California. Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the County or any incorporated city. Amended Ordinance #1764 (1972); 3 - 83 /~D RABIES 32.029 License Responsibility. (a) Every resident in the unincorporated areas of San Bernardino County who owns, has an interest in, harbors and feeds, or has the care, charge, custody, or possession of a dog four (4) months of age or over, and whether such dog is confined or not, shall obtain a San Bernardino County dog license for such a dog. Each dog shall have a current rabies vaccination as evidenced by a valid rabies certificate issued by the veterinarian who performed the vaccination as a requisite to licensing. Provided further that rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a County or City low-cost clinic. (b) While a dog is being used as a guard dog within the unincorporated area of San Bernardino County, it must have a San Bernardino County dog license and the license tag must be securely fixed to the dog's collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction. Amended Ordinance #1764 (1972); Amended Ordinance #2354 (1979); 32.0210 License Application. Each application for a license shall be in writing upon a form to be furnished by the Health Officer, and shall contain such information as the Health Officer, by rule or regulation, shall require. Amended Ordinance #1764 (1972); 32.0211 License Fees. Each application for a dog license shall be accompanied by a license fee as specified in the County fee schedule, and shall be obtained; (a) Within a period of thirty (30) days after expiration of a San Bernardino County dog license; (b) Within thirty (30) days after said dog attains the age of four (4) months; (c) Within fifteen (15) days after the purchase or obtaining control, care or custody of a dog which previously attained the age of four (4) months, and provide further the proof of recent acquisition as indicated by the date of purchase receipt as shown at the time of application; or (d) Within thirty (30) days after the date of establishing residency in the County provided further that said dog had a current license from another county or a city, and within fifteen (15) days if said dog has no current license. Amended Ordinance #1764 (1972); Amended Ordinance #1795 (1973); Amended Ordinance #2000 (1975); Amended Ordinance #3208(1988); Amended Ordinance #3402 (1990); 32.0212 Exceptions to Vaccination. Notwithstanding the provisions of this chapter, a dog may be exempted from rabies vaccination if such vaccination would jeopardize the health of such dog due to infirmity or other disability provided the owner has in his possession a written certification from a licensed veterinarian attesting to such infirmity or disability. The owner or custodian of such dog shall, within ten (10) days after the termination of such infirmity or disability, 3 - 84 I~\ RABIES cause such dog to be vaccinated and licensed. Any such dog with infirmity or disability shall be securely confined within its owner's or harborer's premises so that it does not come in contact with any other animal or person. Amended Ordinance #1764 (1972); 32.0213 Penalty Fee. Any person who obtains a license not in conformity with any of tile provisions of Section 32.0211, shall pay a penalty fee as specified in the County Fee Schedule in addition to the regular license fee. Amended Ordinance #1764 (1972); 32.0214 Effective Duration of License. The San Bernardino County dog license shall remain valid for a period not less than one (1) month and not greater than thirty-six (36) months. Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990); 32.0215 Duplicate License Tag. When the original license tag is lost, a duplicate tag shall be obtained upon submission to the Health Officer such proof as he may require. The cost of each duplicate tag shall be as specified in the County Fee Schedule. Amended Ordinance #1764 (1972); 32.0216 Wearing of Tag. It shall be the responsibility of every County resident who owns, harbors, cares for, or has in custody a licensed dog, to securely attach.or fasten the license tag to the dog's collar or harness so that such tag is worn by the dog at all times except while such dog remains indoors or in any enclosed yard or pen where the dog cannot escape. Amended Ordinance #1764 (1972); 32.0217 Falsification of License Tag. It shall be unlawful for any person to place upon or attach to a dog any false, counterfeit or unauthorized tag for the purpose of evading the provisions of this chapter. Amended Ordinance #1764 (1972); 32.0218 Unlawful Use of Tag. It shall be unlawful to attach a license tag on a dog to which said tag was not originally issued. It shall be unlawful to attach a license tag to any dog that does not have a current rabies vaccination. , 3 - 85 /~L RABIES It shall be unlawful for an unauthorized person to remove from any dog, any collar or harness or other device to which is attached a San Bernardino County license tag for the current year or remove such tag therefrorn. Amended Ordinance #1764 (1972); 32.0219 Exemption of Payment of License Fee. (a) The Health Officer may, upon hislher discretion, issue a license without payment of the required license fee to an owner or custodian of a dog, if such dog meets the following conditions: (1) Such dog is a guide dog and the owner is blind or deaf and can submit proof that such dog has been successfully trained to lead the blind or aid the deaf as a guide dog. (2) Such dog is a service dog and the owner is handicapped and can submit proof that such dog has been successfully trained to aid the handicapped as a service dog. Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990); 32.0220 Categories of Dogs Not Requiring License. San Bernardino County license is not required for the following categories of dogs, however, they must have a current rabies vaccination: . (a) Any dog within the unincorporated areas of the County when the owner thereof resides in any municipality within the County, and such dog is wearing or has attached to it a license tag for the current year issued by such municipality. (b) Any dog owned by or in the charge of any person who is a nonresident of the County and is traveling through the County or temporarily sojourning therein for a period of not exceeding thirty (30) days. (c) Any dog brought into the County and kept therein for a period not exceeding thirty (30) days for the exclusive purpose of entering the same in any bench show or dog exhibition or field trials or competition. (d) Any dog brought or sent into the unincorporated territory of the County from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital. (e) Dogs kept for the sole purpose of being used for research in research institutions approved by the Califomia State Department of Public Health. (f) Dogs over four (4) months of age which are offered for sale in a duly licensed pet shop or dog kennel. Amended Ordinance #1764 (1972); 32.0221 Transfer of Ownership. If a currently licensed dog is sold or title to the dog is otherwise transferred to a new owner, such new owner may apply to the Health Officer for a transfer of such dog's tag and license and pay a transfer fee as specified in the County Fee Schedule. Upon receipt of such application fee, the Health Officer shall issue a certificate of transfer of such tag and the name and addresses of the owner and new owners. Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990); 3 - 86 \'D~ RABIES 32.0222 Renewal of License. Each San Bernardino County dog license shall expire on the date recorded on the license receipt and shall be renewed: (a) Prior to expiration or within a period of thirty (30) days after expiration. (b) Within one hundred and twenty (120) days after license expiration, or thirty (30) days after expiration of the vaccination, whichever date is later if rabies vaccination expires during the period of July 1,1990, through October 31,1990. Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990) 32.0223 Authority to Enter Any Premises. The Health Officer shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. Amended Ordinance #1764 (1972); 32.0224 Penalty Provisions. Any person violating any of the provisions of this chapter shall be guilty of an infraction and upon being found guilty thereof, shall be punished as set forth in Section 11.021 of this Code, pertaining to the penalty for infractions. Amended Ordinance #1795 (1973); Amended Ordinance #2354 (1979) 3 - 87 18'! POTENTIALLY DANGEROUS AND VICIOUS ANIMALS Chapter 14 POTENTIALLY DANGEROUS AND VICIOUS ANIMALS 32.1401 Purpose. 32.1402 Exceptions to Chapter. 32.1403 Determinations and Notice Process. 32.1404 Authority to Seize Animal Posing Immediate Threat to Public Safety. 32.1405 Disposition of Potentially Dangerous or Vicious Animals. 32.1406 Removal of Designation as Potentially Dangerous or Vicious. 32.1407 Conditions for Destroying Animal Found Vicious or Potentially Dangerous. 32.1408 Conditions for Prohibiting Ownership of Vicious Animals. 32.1409 Criminal Penalties/lnjunction. 32.1401 Purpose. The purpose of this chapter is to provide regulations and procedures related to the declaration, conditions for release and control, and the disposition and destruction of potentially dangerous and vicious animals. Adopted Ordinance #3804 (2000); 32.1402 Exceptions to Chapter. (a) This chapter does not apply to licensed kennels, humane society shelters, animal control facilities or veterinary clinics. (b) This chapter shall not apply to any dog utilized by any police department or any law enforcement officer in the performance of police or law enforcement work. Adopted Ordinance #3804 (2000); 32.1403 Determinations and Notice Process. (a) Determination of Potentially Dangerous or Vicious animal: If an Animal Control Officer, after conducting an investigation, has determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, he or she shall report the results of his or her investigation in writing to the Chief Officer, who shall review said written report for the purpose of determining whether or not the animal in question is potentially dangerous or vicious. (b) Complaints and Evidence: If the written report submitted by the Animal Control Officer is based on a complaint or complaints received from a member of the public, the Animal Control Officer shall require the complainant to put the complaint in writing and sign it under penalty of perjury, so that it may be offered as evidence at the Review Hearing described below. The Animal control Officer may also include in said report to. the Chief Officer: (1) If known, the animal's previous history of biting, attacking, or causing injury to a human being or animal; (2) the nature and extent of injuries inflicted and the behavior of victims involved; (3) the place where the bite, attack or injury occurred; (4) the presence or absence of any provocation for the bite, attack or injury; (5) the extent to which property has been damaged or destroyed; (6) the extent to which the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domestic 3 - 128 " {~ 5 POTENTIALL Y DANGEROUS AND VICIOUS ANIMALS animals; and (7) the extent to which the animal exhibits any characteristics of being trained for fighting or attack and any evidence tending to show such training. (c) Hearing Before and Determination Of Chief Officer: (1) If the Chief Officer, after examining the written report of the Animal Control Officer, determines that probable cause exists that the animal is potentially dangerous or vicious, he or she shall mail a written notice to the owner or keeper of the animal of a hearing to be presided over by the Chief Officer for the purpose of determining whether or not the animal should be declared potentially dangerous or vicious, which notice shall be mailed by first class mail, postage prepaid, not less than fourteen (14) days before the date set for the hearing, at which time the owner or keeper of the animal shall be given an opportunity to present evidence as to why the animal should not be declared potentially dangerous or vicious. (2) At the hearing, the Chief Officer shall review all relevant evidence, including the written report of the Animal Control Officer and any evidence submitted by the owner or keeper. Following the hearing, the Chief Officer shall prepare a written Notice of Determination as to whether or not the animal is potentially dangerous or vicious, and make whatever other orders are authorized by this chapter, and shall mail said Notice of Determination to the owner or keeper by first class mail, postage prepaid. The Chief Officer shall decide all issues for or against the owner or keeper of the animal if the owner or keeper fails to appear at a scheduled determination hearing, and such determination shall be final and conclusive and not subject to further review. (d) Notice of Determination and Review Hearing: (1) If a determination is made by the Chief Officer that the animal is potentially dangerous or vicious, the owner or keeper shall comply with section 32.1405 in accordance with a time schedule established by the Chief Officer, but in no case more than thirty (30) days after the date of mailing of the Notice of Determination. (2) If the owner or keeper of the animal appeared at the hearing and contests the determination, he or she may request a review hearing of the decision of the Chief Officer. A written request for review must be actually received in the office of the Chief officer within ten (10) days of the mailing of the Notice of Determination, or the right to review shall be deemed waived and the Notice of Determination of the Chief Officer shall be final for all purposes. (3) Upon receipt of a request for review, the Chief Officer shall convene an Administrative Review Panel to review the case. The Chief Officer shall mail a written notice to the owner or keeper of the animal of a hearing before and Administrative Review Panel for the purpose of reviewing the Chief Officer's Notice of Determination that the animal should be declared potentially dangerous or vicious, which notice shall be mailed by first class mail, postage prepaid, not less than 14 days before the date set for the hearing, at which time the owner or keeper of the animal shall be given an opportunity to present evidence as to why the Chief Officer's Notice of Determination that the animal should be declared potentially dangerous or vicious is erroneous. At the review hearing, the Panel shall review the Chief Officer's Notice of Determination, and, if it deems it appropriate, all relevant evidence considered by Chief Officer at the prior hearing. The Panel shall submit a written recommendation to the Health Officer regarding the appropriateness of the Notice of Determination of the Chief Officer andlor disposition of the subject animal, and shall mail a copy of said written recommendation to the owner or keeper by first class mail, postage prepaid. The Administrative Review Panel may issue recommendations for or against the owner or keeper of the animal if the owner or keeper fails to appear at a scheduled review 3 - 129 , 1St:, POTENTIALLY DANGEROUS AND VICIOUS ANIMALS hearing, and such recommendations shall be final and conclusive and not subject to further review. (4) The Administrative Review Panel shall consist of three members which shall be appointed by the Chief Officer: a representative of the Animal Care and Control Program, but not the investigating officer or an officer with knowledge of the case; a representative of a private veterinary or animal care provider; and a representative of another public animal control agency. (5) If the owner or keeper of the animal appeared at all hearings, the Health Officer shall review the Chief Officer's Notice of Determination and the Administrative Review Panel's recommendations thereon and make a finding as to whether or not the animal is potentially dangerous or vicious, and make such other orders authorized by this Chapter, and shall mail a copy of said findings and orders to the owner or keeper by first class mail, postage prepaid. The findings and orders of the Health Officer shall be final and conclusive upon all parties. If the Health Officer determines that an animal is potentially dangerous or vicious, the Health Officer may establish a time schedule to ensure compliance with this Chapter, but in no case more than thirty (30) days subsequent to the date of the mailing of the Health Officer's findings and orders. (e) Exceptions: (1) An animal may be found not potentially dangerous or vicious if the Chief Officer, Administrative Review Panel or Health Officer reasonably determines any of the following: (A) any injury or damage was sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass upon the premises occupied by the owner or keeper of the animal or was committing or attempting to commit a crime upon the premises; (B) the person who sustained the injury or damage was teasing, tormenting, abusing or assaulting the animal at the time; (C) the animal was protecting or defending a person within the immediate vicinity of the animal from an attack, assault, battery, crime or attempt to commit an attack, assault, battery or crime by the person who sustained the injury; or (D) any injury or damage was sustained by a domestic animal, which, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal. (2) No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting, herding, or a predator control dog and it was on the property of, or under the control of, its owner or keeper and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. Adopted Ordinance #3804 (2000); 3 - 130 1'01 POTENTIALLY DANGEROUS AND VICIOUS ANIMALS ~ 32.1404Authority to Seize Animal Posing Immediate Threat to Public Safety. If an Animal Control Officer has investigated and determined there exists probable cause to believe an animal poses an immediate and serious threat to the safety of the public, then the Animal Control Officer may seize and impound the animal pending the hearing to be held pursuant to subsection 32.1403(c). If confinement is not contrary to public safety, the Chief Officer may require the animal to be confined at the owner's or keeper's expense in a kennel or veterinary facility approved by the Animal Care and Control Program. Adopted Ordinance #3804 (2000); . , 32.1405 Handling of Potentially Dangerous or Vicious Animals. . (a) Animal to Be Kept Under Control at All Times: (1) Control While On Owner's or Keeper's Premises: A potentially dangerous or vicious animal, while on the owner's or keeper's property, shall at all times be kept indoors or in an enclosure which shall secure the yard so that the animal cannot escape and children cannot trespass. The enclosure shall be approved by the Animal Care and Control Program and meet the following criteria: (A) the enclosure shall be constructed to prevent the going in of the public or other animals and the entrance to the enclosure shall be locked at all times while the animal is contained within the enclosure; (B) the enclosure shall be six (6) sided, consisting of four (4) walls, a cover or roof and a permanent floor to prevent the animal from escaping by either climbing or digging under the wall. If the bottom is not secured to the sides, the sides must be embedded in the ground no less than two (2) feet; (C) the animal shall be housed pursuant to the provisions of section 597t of the California Penal Code (adequate enclosed area). The minimum dimensions of the enclosure shall measure five (5) feet by ten (10) feet and be of a height which does not restrict the animal's natural movements and which allows the owner or keeper into the enclosure to maintain the animal. (D) the enclosure shall be surrounded by a perimeter fence which prevents the entry of the public onto the property of the owner or keeper but which shall not serve in any part as a primary enclosure for the animal. (2) Compliance Inspections: As a condition of maintaining a potentially dangerous or vicious animal, its owner or keeper shall allow access to the Animal Care and Control Program to inspect the premises to ensure compliance with the provisions of this chapter between the hours of 9:00 a.m. and 9:00 p.m. daily. Prior notification of the inspection to the owner or keeper of the potentially dangerous or vicious animal shall not be required. (3) Control When Off Owner's or Keeper's Premises: At all times, when a potentially dangerous or vicious animal is not on the premises of the owner or keeper, the animal shall be securely muzzled and restrained by a leash. The animal shall also be under the control of a person eighteen (18) years of age or older, who is physically capable of restraining the animal. (b) Warning Notice: The owner or keeper of the animal shall display, in a prominent place upon the premises where the animal is kept or maintained, a sign easily readable by the public using the words "DANGEROUS ANIMAL", or "VICIOUS ANIMAL", as ordered by the Chief Officer or Health Officer after a hearing or hearings pursuant to section 32.1403, in letters at least two (2) inches in height. (c) Permanent Identification of Animal: The owner or keeper of the animal shall 3 - 131 /tt~ POTENTIALLY DANGEROUS AND VICIOUS ANIMALS provide a permanent identification by means of either a registered tattoo or implanted microchip that shall be registered with the Animal Care and Control Program. A photograph of the animal shall be kept on record for identification, in addition to registration as a Dangerous Animal or Vicious Animal. (d) Notice of Change of Location or Death of Animal: (1) If an animal determined to be potentially dangerous or vicious dies, is sold, transferred or permanently removed from the County, the owner or keeper shall notify the Chief Officer of the changed condition(s) and new location of the animal in writing within two (2) working days of the changed status. (2) Animals determined to be potentially dangerous or vicious may be relocated to other premises within the County only upon written notification to the Animal Care and Control Program a minimum of five (5) working days in advance of the animal being physically transferred to new premises. Such physical transfer requires the inspection and approval by an Animal Control Officer of the new premises' enclosure and perimeter fencing for compliance with section 32.1405. (e) Licensing and Vaccination: All potentially dangerous and vicious dogs shall be licensed and vaccinated in accordance with Chapter 2 of Title III of the County Code. The potentially dangerous or vicious dog designation shall be included in the license records of the dog. A potentially dangerous or vicious dog fee shall be charged in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog pursuant to San Bernardino County Code Schedule of Fees. (f) Designated Potentially Dangerous and Vicious Animal Listing: All animals designated potentially dangerous or vicious shall be recorded on a listing maintained by the Animal Care and Control Program. Animals designated potentially dangerous or vicious shall remain on the listing until the animal dies, is permanently removed from the County, or is removed from designation pursuant to section 32.1406. Adopted Ordinance #3804 (2000); 32.1406 Removal of Designation as Potentially Dangerous or Vicious. If the owner or keeper demonstrates changes that mitigate the risk to public safety to the satisfaction of the Chief Officer, the designation of potentially dangerous or vicious shall be removed. Adopted Ordinance #3804 (2000); 32.1407 Conditions for Destroying Animal Found Vicious or Potentially Dangerous or Vicious. (a) An animal determined to be a vicious or potentially dangerous animal may be destroyed by the Animal Care and Control Program when it is found, after proceedings conducted under section 32.1403, that the release of the animal would create a significant threat to the public health, safety and welfare. If it is determined that a vicious or potentially dangerous animal may be released, the Chief Officer shall impose conditions upon the ownership of the animal, including, but not limited to, the conditions set forth in section 32.1405 in order to protect the public health, safety, and welfare. 3 -132 I r&q POTENTIALLY DANGEROUS AND VICIOUS ANIMALS (b) An animal previously determined to be a vicious or potentially dangerous animal may be destroyed by the Animal Care and Control Program when it is found, after proceedings conducted under section 32.1403, that the owner or keeper of the animal has failed to comply with the provisions of section 32.1405(a). Adopted Ordinance #3804 (2000); 32.1408 Conditions for Prohibiting Ownership of Vicious Animals. The owner of an animal determined to be vicious or potentially dangerous may be prohibited by the Health Officer from owning, possessing, controlling or having custody of any other animals of dangerous propensities for a period of up to three (3) years, when it is found, after proceedings conducted under section 32.1403, that ownership or possession of such an animal by that person would create a significant threat to the public health, safety, and welfare, as determined by the Chief Officer. Adopted Ordinance #3804 (2000); 32.1409 Criminal Penalties/Injunction. The penalties and remedies for violation of this Chapter shall be the same as provided for in Sections 32.0120, Penalties and 32.0121, Injunction. Adopted Ordinance #3804 (2000); 3 - 133 /qD THE CI1Y OF l -~_~_ _ RANCUO CUCAMONGA Staff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager . FROM: Dan Coleman, Acting City Planner BY: Larry Henderson AICP, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00699 - THE RANCH GROUP - A request for a land use amendment from Industrial Park to Low-Medium Residential (4-8 dwelling units per acre) in connection with a proposal for a master plan for 79 single-family residential lots on 18.6 acres, located at the southwest corner of Archibald Avenue and 6th Street - APN: 0210-062-08. Related File: Development District Amendment DRC2004-00700. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700 - THE RANCH GROUP - A request to change the Development District Map designation from Industrial Park (Subarea 16) to Low-Medium Residential (4-8 dwelling units per acre) for 18.6 acres at the southwest corner of Archibald Avenue and 6th Street - APN: 0210-062-08. Related Files: General Plan Amendment DRC2004-00699. RECOMMENDATION: Approval as recommended by the Planning Commission and Staff by the adoption of the attached Resolution and Ordinance. BACKGROUND/ANALYSIS: The Planning Commission previously held a public hearing on this matter on August 10, 2005, and unanimously recommended approval; however, because of some mailing list deficiencies, staff and the applicant brought the applications back to the Commission after correcting the mailing list and re-noticing for this new public hearing. The Planning Commission after re-noticing under the revised mailing list held another public hearing on October 26, 2005, and again recommended approval to the City Council. At both previous hearings, neighborhood residents expressed concerns about future single-story houses versus two-story, view protections, and an existing cross lot drainage easement on the existing single-family residential lots, on a portion of the south boundary, of the subject site. It was included in the public record, that these issues are most appropriately handled at the future Tract Map and house Design Review levels. A copy of the Planning Commission staff report is attached for reference. Iql CITY COUNCIL STAFF REPORT DRC2004-00699 AND DRC2004-00700 November 16, 2005 Page 2 The applicant, with staff in attendance, held a neighborhood meeting on July 28, 2005, at the Lion's West Community Center. Approximately 10 residents were in attendance with general concerns such as supporting future single-story houses versus two-story, view protections, and circulation improvements. In general, the attendees were supportive of the single-family master plan. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. No correspondence has been received. CONCLUSION: Staff finds the proposed changes in the land use designations for the subject site to be appropriate and an effective means for implementing the goals and objectives of the General Plan. The proposed changes will encourage orderly development of the site which will be consistent and compatible with the surrounding development. DC:LH/ge Attachments: Exhibit A - Planning Commission Staff Report dated October 26, 2005 City Council Resolution for General Plan Amendment DRC2004-00699 City Council Ordinance for Development District Amendment DRC2004-00700 /91 THE CITY OF I RANCffO CUCAMONGA Staff Report DATE: October 26,2005 TO: Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00699 - THE RANCH GROUP - A request for a land use amendment from Industrial Park to Low-Medium Residential (4-8 dwelling units per acre) in connection with a proposal for a master plan for 79 single-family residential lots on 18.6 acres, located at the southwest corner of Archibald Avenue and 6th Street _ APN: 0210-062-08. Related File: Development District Amendment DRC2004-00700. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700 - THE RANCH GROUP - A request to change the Development District Map designation from Industrial Park (Subarea 16) to Low-Medium Residential (4-8 dwelling units per acre) for 18.6 acres at the southwest corner of Archibald Avenue and 6th Street - APN: 0210-062-08. Related Files: General Plan Amendment DRC2004-00699. PROJECT AND SITE DESCRIPTION: A. Project Densitv: 4.25 units per acre as shown on the illustrative Master Plan B. Surroundinq Land Use and Zoninq: North - Single-Family Residential, Low Residential (2-4 dwelling units per acre) South - Single-Family Residential, Low-Medium Residential (4-8 dwelling units per acre) East - General Industrial West - Neighborhood Park, Park C. General Plan Desiqnations: Project Site - Industrial Park with a Master Plan North - Low Residential (2-4 dwelling units per acre) South - Low-Medium Residential (4-8 dwelling units per acre) East - General Industrial West - Park CxI-l/8rT II /15 PLANNING COMMISSION STAFF REPORT DRC2004-00699 AND DRC2004-00700 - THE RANCH GROUP October 26, 2005 Page 2 D. Site Characteristics: The 18.6-acre site is the remaining acreage of the DeBerard Ranch homestead. It is currently used as a vineyard, and dilapidated farming accessory structures are included on the site. The site is generally flat and drains southerly. BACKGROUND: The Planning Commission previously held a public hearing on this matter on August 10, 2005, and unanimously recommended approval, however, because of some mailing list deficiencies, staff and the applicant brought the applications back to the Commission after correcting the mailing list and re-noticing for this new public hearing. The applicant, with staff in attendance, held a neighborhood meeting on July 28, 2005, at the Lion's West Community Center. Approximately 10 residents were in attendance with general concerns such as supporting future single-story houses versus two-story, view protections, and circulation improvements. In general, the attendees were supportive of the single-family master plan (Exhibit C). ANALYSIS: A. General: The site is bordered on the north and south by single-family residential uses and a public park on the west side to the east across Archibald Avenue. Therefore, the requested amendment is compatible with the neighborhood. It should be noted that when the area to the south was rezoned November 17, 1999, from Industrial to Low-Medium Residential, it was a consideration at that time to change the subject site as well. However, the property owner objected and, therefore, the site was left within the Industrial Park designation. The requested designation would generate less traffic, air pollution, and have only a marginal increase in park and recreation needs than the current Industrial Park designation. In addition, the designation would be highly compatible with the other residential uses in the area. The Master Plan as submitted illustrates that a conventional Low-Medium Subdivision of 79 single-family residential lots (4.24 dwelling units per acre) can be reasonably developed on the site. It should be noted that the Master Plan is Illustrative only and that a separate Tentative Tract Subdivision Map and application, will need to be processed at a later date. B. Environmental Assessment: The Initial Study indicates possible temporary environmental impacts that may occur as a result of future development and grading activities such as air quality and noise. With the noted mitigations in place, the temporary impacts will be reduced to a less-than-significant level. No development is being proposed at this time. A Mitigated Negative Declaration has been prepared for this project. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. /~1 PLANNING COMMISSION STAFF REPORT DRC2004-00699 AND DRC2004-00700 - THE RANCH GROUP October 26, 2005 Page 3 RECOMMENDATION: Staff recommends the adoption of the attached resolutions recommending the City Council approve the requested applications for General Plan Amendment DRC2004-00699 and Development District Amendment DRC2004-00700, and to adopt the Mitigated Negative Declaration of environmental impacts. Dan ole man Acting City Planner DC:LH\ma Attachments: Exhibit A - Location Map Exhibit B - Master Site Plan Exhibit C - Neighborhood Sign-in Sheet Exhibit D - Initial Study Parts I and II Draft Resolution of Approval for General Plan Amendment DRC2004-00699 Draft Resolution of Approval for Development District Amendment DRC2004-00700 /15 , \ , I .~ I ~ ~ , \ I " ~ !!I 1--- I I -J .~ I I I I .J l I I. I ~ .~ I GOLDEN OAK PARK , & DE BERARD RANCH DEVELOPMENT 11 . IT . 1./ I \ . r ') u\ I ~ .H~..ACCItCDR -\ r ~I y ~ - . ~ - ~ f--' - ij - '. ~~ - - - : ffB \(__ , '. . .-- I I T ""r--- I - I \ r'\ ( I , 1 I l \~~ L1- \ . .7 ~ \ - 1-.-.1 '-' I 61H Sf 300 , o 300 600 Feet , DRC2004-00699 (GPA) DRC2004-00700 (DDA) .' Exhibit .A. LOCA liON MAP . , , . I ~ ~ . . ~ . ~ . t~~, , Ilnltit1r:,. , ,I · !_~ . 'llt1lllln1illl !! i~" > J itl,1J!l ~hrll~11 illlll, ~11111,IIJI ~ I '= I . @ '~_ _ .:.' I _.@~~, , (1)~~ I I~ (!!) --~-.,.,-_JI.-~-~~---~f, --cn.os~ ~ ~ - ..~.._.-..- . tY' . @ OJ! '" ,-~ \ ,T /1 dO] ~ i . I ,,' I@08'@' I I ,. . I ". 1 UItY.I woe ",,'1 ______...,-1----. ~ P' "" . -- E ~ @ I' I I I I I .. I r. ~ ., i ii i j ~ 1;--- ---:.,. ~ I. ,,' t , , --:- @ ~ . @Ol' --t"7""~.+..-~-~...-r.--- am @ In\ I I It' . '1---'" ~ ~~ I( . @'lliij . i . ~ lu __.-J ~ @ . ~ o , :.:::::, -- ~ @ i I@ ,,- r- - -J.-~------- ,', I: ! ~ : j · ! j; j i · ''-'' ~ - ~ '"' .1 ~ I I " , .... 9 $i Ii @, i" , '. @ ~i @,@w ""I ~----~----'- ~- ~,~I i @ ~il :. t :: . : I rJi: ' I:i: .. > @, ,I I I I : I( @_@I'<9(.;)I' . ~ j@!,.:-l-'r--rti-ri' i ~ i'@1;11 I.__<i~._ ' " t " 'I@ Y-LLQ!l !l:"J II ~.--_-_.- ..-.-( ,"'.." """ .~..i -....-....--... I. I t......~_.--.--,-._- .0::' J ___~~ _ . t <lV i Ii: W _.. .._ . . i!lt,. ~)l.,., en rO; !i I"" 11 ~ .f"! r" .~~ ~.@ ~ )@I@\\E).@( ~tl\&\T B ,Q7 . i-'-' \' \ .. . " DEBERARD RANCH COMMUNTIY MEETING Thursday, . July 28, 2005, 7:30 pM UONS wEST COMMUNTY CENTER Filipe Room PLEASE SIGN IN Name. Address ~l Z- fA- 5f rsS-V:-S"" Eo, ~ '30 C.4- '1/74. r .. 6H/6/r e 11<J , L,) ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) (Please type or print clearly using ink use lire"'" ksy to........ -...... _10 "'" _1In&) Cily at F/JUIChO c;ucamonga P1ftnting DMsIon (909) Jr17-vro ,4, INCOMP~ APpUCATIONS WILL NOT8E pF/OCESSEli P/eaSS nol8lhatltis!he /'fiSPOlISIbIIioftheapp/icBllfloensumlhat the applica.lion is comp/8I9 at /he lime of submitta1; City staff will not be available 10 perfotm woI1C requited to plOvids missing infanntdion. Application Number for !he project 10 which !his fonn pertainS: p~2004- -(!)O~ff <<:,PA) 5 CPGa>>4--0cJ7~ proJectT/Ile: PeI3~JI2-O ~NoH .PEvELo~ .p~ec:r Name&AddressofplOjectowner(s): 7J.Ie. RAlJ,c;r! ~ ~j&.>~y SANGHez.J Rd. /.3dx 225. ~~,.JA. c;;'4 'lZ878 R<J/!3&P-T II. Pe136~ """"''1 n&JST" <~L 61'01"'8'" J Name & Address of deveiopeT OTproject sponsor: 5414e AS ~L4i &#tBff f) . _... _......_...._1 C!1o.u4t.. Part1 rlnr:Paoe 1 Rev. 3/17104 /qq, " ConlactPerson&Address: Joe A. FV1M65 AlA - AFic,;/rr-a:;.:r- 2075 N- F/!e5T AVe:. Ur'~ 4NO. C4. "117134 - . Name & AddreSS of pelSOIl preparing this fann (if adferent from aboVe): . ~ ..d6 ..48oY'iS Telephone Number. '7tJ?- 7,8/-3171 Information iIJdjcaled by an as/BIiSk n is not requimd of lJOfK)OIIStnJdi CUP's unless o/henNiS8 requested by staff. "1} Provide a full scaJe (8-1/2 x 11) copy of the USGS Quadrant Sheef(s) which IncludeS the project sI/S. and indica1B the sitS boundatiss- 2) provide a set of color photographs thet shoW represen/Jl/ivfl viewS Into the sitS from the 1IOIfh, south. east. and west; viewS into and tmm the sI/S from the primary access points thai serve the sits; and rtlpfBSBllta/ivfl viewS of signifJCat/t fea/UTBS tmm the sitS. /nCIudB a map showing /oCalion of each photogTaPh. 3) ProjectLocation(dasCtibB): SW CC!'eI'.JeF: AflCl-/IPAt..O AV2S' 8- ~ :5'n!:.eE!fT 4) Assessors parcel Numbers (attach addiIional sheet if necessary): 210-0~2-r;?~ '5) Gross Site Area (acfSq. ft.): aP.~ A<2L'5.6S '6) Net Site AI8B (IDIal sits sizB minus area ot publiC streets & proposed de<TlCBlionS): --1~,M.cxes 7} DesCribe any proposed general plan amendment or mllB change which would affect the proJect sitS (attach edd't/ionSI sheet if necessary): GeH~P ~M AMENOMr-"'T./:zbI../e GRANGE -m ~//...t?/M. P":;':;;~ ~.<V,,:e IP "'7BueO PARr~. 7J:J ~ ~HAJ-JGet:> ~1'L=k'~,P..tf1 /!?E':floel"lT/A~ ?p,.J15 r ~M.)--r:t:J/e .;"f'~x. . 7'1 /'fL:U/L?-e?:I7"/AI- k>7S :l ~. _-" .~.....-r"_I_;,I~1 CMtlrN Parl1.docPage 2/ Rev. 3/17/04 2..t) f) 8) Include a description of all pennils wtlich will be necessaf}' from the City of Rancho CUcamonga and other governmental agencies in order to fully implement the project: . /p~Anve PAt'\cet- MA-P TeHTA77Ve ~~r HAP CCJPO. d::;;;,e ,oQ'i!J>'Or oev/O&5/&"../ ;El:'v/ay Fue.{JL. WoJ"'.l<5 13ull nlN~ /Jeff ' 9) Describe the physical setting of the site as It existS /Jf1forB the project incIudinginformBOon on IDpography. soil stability, plants and animals. malUre trees. trails and roads, drainage COUISBS, and scenic aspects. Describe any eXisting structures on sile (inCluding age and condition) and the use of the structures. Attach photographs of significant fealUn>S described. In addition. cIIB all sources of infonnaUon (L,,-- geofogical and/or hydrologic studiBs. bjofjc and met,..oJogical smveys. trBfflc stuc/iBS): SI7E GtJt-IS'/:5r~ ~MAf<.I'-Y OF GRApe V/N5YAR/;}C; /11//71-1- .:5uF3.'77Ar-IOAP-Q ANC///.ARr .&..Ill...CJ/N6S INC~t./,CJ/NG A ~"/t!>R 15ARN ~o ;3 S7?J~ ANO E6Jut,PI'-'1l3'HT Sl-I&OS:: wnH MA7U~ Euc.LA'-yP/L./S ~ ..5v~NOIN6 7nl? 577<tJG7UI'<i5<5, rop~FAPHY 6L.o,P5S G;PADuAL.L.:y' 70 71te 6oc..r71-/ (' /. -'IT- .,5UJp& ) - - (0) Describe /he known cultural and/or historical aspects of thesite. CIte all sources ofinfonnBlion (books. published reports and oral histOly): ex/ e>rJJ'-/& .5~ /~oes ..5aCJ_97tNnA-!<-P S772t.Jc.7/~~ wnH f-/.t2 IUOfCAf/OA/ of ~S7ZJ,R/CA~ ~Lub. ____ ._......... ...~"......~t ~llrtu PArl1.docPaQs31 Rev. 3117104 :z. fj I 11) Describe any noise sources and theirlevels tr.at f1Q!!:' affect the site (aircraft, roadway noise. etc.) and how they will affect proposed uses: 12) Descn'be !he proposed project in detaJ7. This should provide an adequalB description of !he sits In telmS 01 ut/imBts use that wiN _ult from the proposed project. Indicats if there "'" proposed phases tor development. the extent of development to occur with each phase. and the anticipated completion of each increment Attach additional sheet(s) if necessary; -p;:q f'-'1Af'"{Y , . r~Rc, Ho/-Se. S/bLl~ ;Burr--~ OGVL-t:>,o#f15HI . ~ mIse 5:xJ1"fC.& /s ~a-N.8AL-O Ave -...-..'-- No/se 72) 77-/15 TlE'5/.o t5r-o/'AG GPA "At-./O Zo'-'€: CH4H&8 /:7 /J..J7ENoc:o 72J Au."JA/ ~~ ?He- oev~P/Y1~r CJr ;Z~ l<1C'$\OEt-l~.IA~ :ut..lrr~ . ~ L./G& ..4L.bH6 ~oHl t:;,4L.L:J Ave: - .- , _'._ _J, .. -.- -' - *. -.....- - . . . -;. "--a-. - =-+- - 13) Descnbe the surround"mg properties. including Intormalkm on ptsnts and aromals and any cultural. hlslorical. or scenic aspects. InolC8ts!he type of land use (residential, commerr:lal. etc.). intsnsily of land use (one-Iamily. apaJtment houses. shoPS. department 510_. etc.) and scale of development (height. frontage. selback, rear yatd. etc.): b<J.577#J& S/7"Ei" /S ~~~7LY SU~UNORJ e.y .;?/;./t;.U": F'i4#1Il" RC!:7/n~A/. TZJ TilE I'Iofim & ~m .5 A6~e p~ 7l> 7716 ~T ANt/.. COMM6RC/A6. J;lJOuS-rR/.A~ ANi? ~ Sd/3:5".7AT7CJN A~55 A~r.u18J!J./J) - /Z) p.le F:A:~r 14) Will the proposed project change the pattern. scale. or chaIacter of the sunounding general sma of the project? No.. P'/{61P~6ep LI..~ A;i!6 . 70 Suf'(.RDU,..;.o/Nr-<? L/?e7S- vaoc.y Cb.MPA T/~ _ .__ _ _". __'_'""_' eo........ 0....1 ,..1......0.0.-.0 4. Rev. 3/17104 :2.~l 15) Indicate the type of short-term and long-term noise to be generated. including source and amount How will these noise levels affect adjacent properties and on-<;ife uses? What methods of sOundproofing are proposed? ..sc:e '16) Indicate proposed removals ancVor replacements of mature or scenic trees: ,P/?Pj7C7:5eo P&i/leU:?p/'w"lt:5H/ Wc>ULO ,l-/6C5:5.5/774/5 7U& /feMtJVA{., C)r- ExlS7/Nh 7'J'e6&5.. e'J1o../ .3'/7l5 " 17) Indicate any bodies of water (/Ilcluding domestic water supplies) into which the site drainS: Ij/A 18) Indicate expected aJ1IC)!J1ll of water usage. (See Attachment A tor usage estimateS). For further cIa1illcation, please contact the eucamonga Valley Waler DistIict at 987-2591. j-I~ . a. Residentiat (gaVday) Peak use (gaVDay) b. CommerciaVlneJ. (gaVdaylac) Peale use (gaVminlac) 19) ImflCale proposed method of sewage disposal. /-I,,;{A 0 Septic Tank 0 s..-r. If sep1ic tanks are proposed, attach percolation tests. If disCharge to a sanitary sewage system Is proposed indicate expected daily sswage generation: (See Attachment A for usage estimates). Forfurther cJsrificalion. p/8ase contact the eucamongs VaJ/ey Waler District at 9If7-2591. a. Residential (gaVday) b. Commercial/lndusttial (gaVdaylaci RESIDENTIAL PROJECTS: 20) Number of residential units:-1:L Deteched (tndicate range of parcel siZeS. minimum lot siZB and maximum lot siza: ~, ~t>O 6.r MIN - /4. t!7(f, z S.F MAX LAr ..:JlzE . Attached (indicate whether units are rental or for sale units): o/A- Rev. 3117104 . .. n. ._' .......... 'O"'\DU.~r.ot INTER\Jnitial Study Part1.docPage 5 :2. f) !J 21) Anticipated range of sale prices an(!/or renlS: Sale Price(s} $ 525:"t7tJO Ie $ ~t:Jl7i> . Rent (per month) $ to $ 3-4 B&J:;:J~~ 22) Specify number of bedrooms by unit type: . -4 -t;:, 23) Indicale anticipated /1oUS8hOId si:rB by unit typs: . 24) Indicate the expected nurnberof sc/JOO/ children who will be resiDing within the projecl; Contact the appropriale SchOOl DistriClS as shown in Auschrn9nt B: c. Senior HIgh .:J!L Ci.lcA""CJ~tJA ~ , .M.. CLl~dl'-lt;,A J 1<.. 1-1 , ~ cHAFPey a. EJemenlar}': b. Junior High: COMMERCIAL. INDUSTRIAL. AND INSTITUTIONAL PROJECTS ~- 25} Describe type of uss(s} snd major (uncIion{s) of commercial, industrial or inslilUlional uses: 26} Total floor area of cornrnsrcial, industrial, or inslitulional uses by type: 27) Indicate haulS of operation: Total: 28} Number of employees: Maximum Shift Time of Maximum Shift .. __0 ..______;':""l c:tolrtu p~rt1.docPage 6 Rev. 3/17104 ;2/2 t./ 29) Provide breakdown, of anticipated job classifications, including wage and salary ranges, as well as an indication of lhe rate ot hire for each classification (attach additional sheet if necessary): t-M SO) Estimation of the number of workers to be hired thaI currenUy reside In the CiW: H./fA I <, 'S1) For commercial and industlial uses only, indicate the source, type. and amounl of air poHulP9 emissions. (Date should be verified Illrough the South Coast Air Qualify Management District, at (BtB) 572-fJ2B3): t-j/A ' ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted 10 determine their ability ID provide adequate selvice /0 the proposed projec17 If so, please indicate their response. NO In the known hislory of this properly, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazanJoUS ancVor toxic materials include, but are not limtted ID PCBs; radioactive substances; pesticides and herbicides; fuels. oils. solvenls. and other flammable liquids and gases. Also note undeTgroUndstrJrage of any of the above. Please list the materials and descnbe their use, stDrage, and/or OIScha1ge on the property, as we" as the daleS of use, " known. SS) ,P0:5:5f8t..e .ou&- 7Z> G~~ l./~e C),p P&5Tl~/LJ8"S AND J-/el'i?BIC/Ot7S . rnNeYA~ ~71~'" ....... .. .._....._cn.IAI \alRU~NTER\lnitiaJ study Part1.docPage 7 Rev. 3/17104 ;l.~5 :14) Will me proposea prolecr involVe me remporary of/ong-term use, storage, or olscnarge at nazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. NO t hereby certify that the statements fumished above and in the attached exhibits present the data and information required for adequate evaluation ofthis"projectto the best of my ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and beliel I further understand th "fional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho camonga. Date: 7, /2. t!J of- - ~III Tfi'1r . 1:\PLANNlNG\FINAL\FORMS\COUNTER~nltiaJ Study Partl.docPage 8 Rev. 3117104 A/) b ) ') ... Ul Q) ~ .I:; ... ... Ul j Q) 0 3: CI) I Q) ... , Q) j e c: Q) ... > CI) < .I:; ... '0 .!S III CI) .c .I:; u ... <( .I:; ... .I:; j ... 0 j CI) 0 CI) Cl C Q) ~ j 0 c: 0 Q) .J ~ I ... :!2 Q) e III ... .c CI) .I:; .I:; U ... ... >< <( Ci5 ,2))1 ) ~ ... III a.. ) .I:; ... j o CI) Q) j c: Q) ~ :!2 III .c .- .I:; u ... < .I:; >- 1:: 1::: 0 Q) z C- O Cl ... c: a.. ~ - 0 0 0 .I:; ..J ... j 0 Q) CI) j ... c: III Q) III ~ ;; '0 c: Cii Q) '0 .c .- .- Ul .I:; Q) u a::: ... < 2bg ) ... Ul III W I ... Q) e ... CI) .I:; ... >< Ci5 ) "" .! Ci5 c: o Ul Q) ... j ... U j ... ... CI) 'CJ C ;0 Ul ';( W ... = 3: CJ c: .- ... ~ Ul 0 III 0 W ..J . I Qj ... Q) Q) e ... ... ... CI) CI) .I:; .I:; ... ... >< >< Ci5 .- CI) ,Zo1J1 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: GENERAL PLAN AMENDMENT DRC2004-00699 and DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700 2. Related Files: None 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00699 - THE RANCH GROUP - A request for a land use amendment from Industrial Park to Low-Medium Residential (4-8 dwelling units per acre) in connection with a proposal for a Master Plan on 18,6 acres at the southwest corner of Archibald Avenue and 6th Street - APN:0210-062-08 Related Files: Development District Amendment DRC2004-00700, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2004- 00700 - THE RANCH GROUP - A request to change the Development District Map designation from Industrial Park (Subarea 16) to Low-Medium Residential (4-8 dwelling units per acre) for 18,6 acres at the southwest corner of Archibald Avenue and 6th Street - APN:021 0-062-08 Related Files: General Plan Amendment DRC2004-00699, 3. Project Sponsor's Name and Address: Rocky Sanchez Ranch Development Group, LLC P,O, Box 225 Corona, CA 92878 4. General Plan Designation: Industrial Park 5. Zoning: Industrial Park Sub Area 16 6. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): The site is a vineyard bordered by Neighborhood Park to the west, 6th Street and Single-family residential on the north, Archibald Avenue and Industrial Park uses to the east and Single-family residential to the south, 7. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 8. Contact Person and Phone Number: Larry Henderson AICP, Principal Planner (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None A/b Initial Study for DRC2004-00699 and DRC2004-0700 City of Rancho Cucamonga Page 2 GLOSSARY - The following abbreviations are used in this report: CVWD - Cucamonga Valley Water District EIR - Environmental Impact Report FEIR - Final Environmental Impact Report NPDES - National Pollutant Discharge Elimination System NOx - Nitrogen Oxides ROG - Reactive Organic Gases PM10 - Fine Particulate Maller RWQCB - Regional Water Quality Control Board SCAQMD - South Coast Air Quality Management District SWPPP - Storm Water Pollution Prevention Plan URBEMIS7G - Urban Emissions Model 7G Rev 1/20/05 2// Initial Study for ' DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 3 . ENVIRONME!'lTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless, Mitigation 'Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. . ( ) Aesthetics ( ) Biological Resources ( ) Hazards & Waste Materials ( ) Mineral Resources ( ) Public Services ( ) Utilities & Service Systems (X) Agricultural Resources ( ) Cultural Resources (X) Hydrology & Water Quality (X) Noise ( ) Recreation ( ) Mandatory Findings of Significance (X) Air Quality ( ) Geology & Soils ( ) Land Use & Planning ( ) Population & Housing ( ) Transportationffraffic DETERMINATION On the basis of this initial evaluation: () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared, (X) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on allached sheets~ An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. () () I find that although the proposed project could have II significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier or NEGATIVE DECLARATION, including revisions or mitigation mea e img ed u on the proposed project, nothing further is required. Date: June 21. 2005 Date: '1 /~/cJJ Rev. 1/20/05 2Jl Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 4 Issues and Supporting Information Sources: Less Than Significant With Mitigation Inco orated No 1m acl Less Than Significant 1m acl Potentially Significant 1m act EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? () () () (.....) b) Substantially damage scenic resources, including, but () () () (.....) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (.....) quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () (.....) () which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site, The site is not within a view corridor according to General Plan Exhibit 111-15, b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway, There are no State Scenic Highways within the City of Rancho Cucamonga, c) The site is located at the southwest corner of Archibald and 6th Street and is characterized by Single-family residential development to the north and south, The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No, 87-96, unless exempted by said Resolution, d) The project would increase the number of streetlights and security lighting used in the immediate vicinity, The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare, Lighting will be selected and located to confine the area of illumination to within the project site, The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or () () (.....) () Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (.....) Williamson Act contract? c) Involve other changes in the existing environment, () () () (.....) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Rev, 1/20/05 2/J Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 5 less Than Significant less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant Im~~cl In-maet IncorOorated imoBct Comments: a) The site is a vineyard designated as Prime Farmlands, The site is located at the southwest corner of Archibald Avenue and 6th Street, and is characterized by Single- family residential development to the north and south, There are approximately 1,300 acres of Prime Farmlands, Unique Farmland or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2, The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan, The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated, b) There is no agriculturally zoned land within the City of Rancho Cucamonga, There are no Williamson Act contracts within the City, c) The site is located at the southwest corner of Archibald and 6th Street and is characterized by Single-family residential development to the north and south, The nearest agricultural use is more than 1.46 mile northeast from the project site, Therefore, no adverse impacts are anticipated, 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the () () () (.....) applicable air quality plan? b) Violate any air quality standard or contribute () (.....) () () substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () () () (.....) any criteria pollutant for which the project region is non-allainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (.....) () () concentrations? e) Create objectionable odors affecting a substantial () () () (.....) number of people? Comments: a) As noted in the General Plan FEIR (Section 5,6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards, The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated, Rev, 1/20105 ~/o/ Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 6 Issues and Supporting Information Sources: Potentially Significant rmDact less Than Significant With Mitigation rncorDorated less Than Significant rmoact No Imoact Air Quality Impact Report, prepared by OJI Environmental Services Inc" dated March 1, 2005 has concluded that none of the project-related activities exceed the emissions threshold of significance established by the South Coast Air Quality management District, the California Air Resources Board, and the Federal Environmental Protection Agency, b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions, In addition, fugitive dust would also be generated during grading and construction activities, While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area, Construction is an on-going industry in the Rancho Cucamonga area, Construction workers and equipment work and operate at one development site until their tasks are complete, They then transfer to a different site where the process begins again, Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region, Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis, Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to anyon-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. . . . Rev, 1/20105 2/5 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 7 Issues and Supporting Information Sources: Potentially Significant tinnect Less Than Significant With Mitigation lnco";:;orated Less Than Significant tmoact No Imnact . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. . Suspend grading operations during high winds (Le., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,. emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5,6), Based upon on the URBEMIS7G model estimates in Table 5,6-4 of the General Plan FEIR, Nox, ROG, and PM,. would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council, In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5,6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant. The following mitigation measures shall be implemented: 10) All residential and commercial structures shall be required to incorporate high efficiencyllow polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. Rev, 1/20105 :2lb Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 8, less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No lmnact Inco";;orated lmnact lmnact c) As noted in the General Plan FEIR (Section 5,6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards, The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated, d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large, The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities, According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401, According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401, The project site is located within 1/4 mile of a sensitive receptor because it abuts existing single-family homes to the south and north, Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan, During construction, there is the possibility of fugitive dust to be generated from grading the site, The mitigation measures listed under b) above will reduce impact to less-than-significantlevels, e) Typically, the uses proposed do not create objectionable odors, No adverse impacts are anticipated, 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () () () (,.1') through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U,S, Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat () () () (.....) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () () (,.1') protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc,) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native () () () (.....) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Rev, 1/20/05 2J1 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 9 Issues and Supporting Information Sources: less Than Significant With Mitigation Incor orated No 1m act less Than Significant 1m act Potentially Significant 1m act e) Conflict with any local policies or ordinances () () () (.....) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat () () () (.....) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential, recreation and industrial park uses, The site is a vineyard that has been previously disrupted during farming, According to the General Plan Exhibit IV-3, and Section 5,3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals due to the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan, b) The project site is located in an urban area with no natural communities, No riparian habitat exists on site, meaning the project will not have any impacts, c) No wetland habitat is present on site, As a result, project implementation would have no impact on these resources, d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed, No adverse impacts are anticipated, e) There are some heritage trees on the project site, At the time of a development application (Tract map or Development Review) a tree removal permit will need to be submitted and evaluated at that time, It is therefore, premature to consider the proposed project will conflict with any local ordinance or have an adverse impact. f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, ExhibitlV-4, No conflicts with habitat conservation plans will occur, 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the () () () V) significance of a historical resource as defined in 9 15064,5? b) Cause a substantial adverse change in the () (.....) () () significance of an archeological resource pursuant to 9 15064,5? c) Directly or indirectly destroy a unique paleontological () (.....) () ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () () () (.....) outside of formal cemeteries? Rev, 1/20105 l;g Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 10 Issues and Supporting Information Sources: Potentially Significant tmnact Less Than Significant With Mitigation Jncomoraled less Than Significant lmnact No I~~~CI Comments: a) The project site has previously been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2,24 (Historic Preservation), There will be no substantial adverse impact since the De Berard Ranch House was demolished after a major structural fire a few years ago, An appropriate Historic Point of Interest Designation and signage will be considered at the time of Development for information and local history purposes only, b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5,11), Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources, The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: . Enact mterlm measures to protect undeslgnated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. . Consider establishing provIsions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. . Pursue educating the public about the area's archaeological heritage. . Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. . Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5,11) indicates that the Rancho Cucamonga area is on an alluvial fan, According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resources, The older alluvium, which would have been deposited during the welter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils, The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also Rev, 1/20105 2J1 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 11 less Than Significant Less Issues and Supporting Information Sources: Potentially With Than si~~~cant Mitigation Significant No 1m act lnco";;orated tmoact Imoact provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: . Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. . Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. . Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by on going farming, No known religious or sacred sites exist within the project area, No evidence is in place to suggest the project site has been used for human burials, The California Health and Safety Code (Section 7050,5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097,98, As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site, No adverse impacts are anticipated, 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as () () () (.....) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, Ii) Strong seismic ground shaking? () () () (,.1') iii) Seismic-related ground failure, including () () () (.....) liquefaction? iv) Landslides? () () () (.....) b) Result in substantial soil erosion or the loss of topsoil? () (.....) () () c) Be located on a geologic unit or soil that is unstable, () () () (.....) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Rev, 1/20105 ~2b Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 12 Issues and Supporting Information Sources: Potentially Significant 1m act lass Than Significant With Mitigation Inco orated less Than Significant 1m acl No 1m act d) Be iocated on expansive soil, as defined in Table () () () (,.1') 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use () () () (.....) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposai of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5,1 of the General Plan FEIR. The Red Hill Fault, passes within 1,75 miles northwest) of the site, and the Cucamonga Fault Zone lies approximately 5 miles north, These faults are both capable of producing Mw 6,0-7,0 earthquakes, Also, the San Jacinto fault, capable of producing up to Mw 7,5 earthquakes is 10,5 miles northeasterly of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 18 miles northeasterly of the site, Each of these faults can produce strong ground shaking, Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant. b) The proposed project will require the excavation, stockpiiing, andlor movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to Aprii, which generates blowing sand and dust, and creates erosion problems, Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established, Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than- significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,. emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,. emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM" emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,. emissions. c) The General Plan FEIR (Section 5,1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer, The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure Rev, 1/20105 2~1 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 13 less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Si~~fillcant Mitigation Significant No 1m act Inco';;oraled fmDact frnnae! 5,1-2, Soil types on site consist of HaC Soil association according to General Plan FEIR Exhibit 5,1-3, No adverse impacts are anticipated, d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits, These types of soils are not considered to be expansive, Soil types onsite consist of HaC Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5,1-3, These soils are typically Hanford Sandy Loam, 0 to 2 percent slopes, No adverse impacts are anticipated, e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed, 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the () () () (.....) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or'the () () () (,.1') environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (.....) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (.....) hazardous materials sites compiled pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, () () () (.....) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, () () () (v'") would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () (.....) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of () () () (.....) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The project will not involve the transport, use, or disposal of hazardous materials, The City participates in a countywide interagency coalition that is considered a full service Rev, 1/20105 224 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 14 Issues and Supporting Information Sources: Potentially Significant linnect Less Than Significant With Mitigation Inco";;orated Less Than Significant Imnact No Imnact Hazardous Materials Division that is more comprehensive than any other in the state, The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Pian to respond to chemical emergencies, Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials andlor waste will reduce the potential for significant impacts to a level less than significant. No adverse impacts are expected, b) The proposed project does not include the use of hazardous materials or volatile fuels, The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state, The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies, Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less than significant. No adverse impacts are anticipated, c) There are no schools located within 1/4 mile of the project site, The project site is located within ,75 mile of the nearest existing (Cucamonga Elementary and Rancho Cucamonga Middle) public schools and within ,39 mile of a private day care (Montessori) and private school for special needs children (Keystone), Typically, the uses proposed do not create objectionable odors, No adverse impacts are anticipated, No impacts are anticipated, d) The proposed project is not listed as a hazardous waste or substance materials site, Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials, No impact is anticipated, e) The site is not located within an airport land use plan and is within 2 miles of a public airport, Project site is located approximately 1,5 mile northerly of the Ontario Airport and is offset north of the flight path, No impact is anticipated, f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits, No impact is anticipated, g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project will include at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated, h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7, Rev, 1/20105 223 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 15 Issues and Supporting Information Sources: Potentially Significant 1m act Less Than Significant With Mitigation Inco orated less Th" Significant 1m act No 1m act 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge () () (.....) () requirements? b) Substantially deplete groundwater supplies or interfere () () () (,.1') substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e,g" the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the () () () (,.1') site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pallern of the () () () (.....) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed () () () (,.1') the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () () () (.....) g) Place housing within a 1 DO-year flood hazard area as () () () (.....) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other fiood hazard delineation map? h) Place within a 1 DO-year fiood hazard area structures () () () (.....) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of () () () (.....) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () () () (,.1') Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD), Project is designed to connect to existing water and sewer systems, The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits, Rev, 1/20105 2.:LV Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 16 Issues and Supporting Information Sources: Potentially Significant IlnDaet less Than Significant 1Mth Mitigation IncorCorated Less Than Significant Imoact No Im':'acl Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: . Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters, . Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation, . Perform inspections of all BMPs, Waste discharges include discharges of storm water and construction project discharges, A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP), To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff, At the time a Tentative Tract Map Application is filed a WQMP, will prepared and submitted, that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction, Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system, BMPs include both structural and non-structural control methods, Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials, Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system, The following mitigation measures would be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to BUilding Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in grading_ plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods Rev, 1/20105 ~:tS Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 17 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Th," Significant Mitigation Significant No Imoact Inconloraled lmoacl Imoact experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared pursuant to any Tract or Parcel Map Application to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins, CVWD has adopted a master plan that estimates demand needs until the year 2030, The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Pian Exhibit IV-2, The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface, As noted in the General Plan FEIR (Section 5,9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities, c) The project will cause changes in absorption rates, drainage pallerns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on the site; however, the project wiJi not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows, The future projeCt design will include landscaping of all non-hardscape areas to prevent erosion, A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits, Therefore, the project will not result in substantial erosion or siltation on- or off-site, The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new 'building and hardscape Rev, 1/20105 A2? Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 1 B Less Than Significant Less Issues and Supporting Information Sources: Potentially With Thoo Significant Mitigation Significant No Impact IncorPorated Impact Impact proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows, A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits, Therefore, increase in runoff from the site will not result in flooding on- or off-site, No impacts are anticipated, e) The project will cause changes in absorption rates, drainage pallerns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on the site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff, A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits, Therefore, increase in runoff from the site will not result in flooding on- or off-site, No impacts are anticipated, f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface fiows during a concurrent storm event, thus resulting in surface water quality impacts, The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution, The following mitigation measures shall be implemented: 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5, No adverse impacts are expected, h) The project site is not located within a 1 DO-year flood hazard area according to General Plan Exhibit V-5, No adverse impacts are expected, i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows, This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6, The, project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected, Rev, 1/20/05 'Zt7 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 19 less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imnacl Incor;;orated Imnact Imnact j) There are no oceans, lakes or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated, The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams, Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City, This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City, 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () (.....) b) Conflict with any applicable land use plan, policy, or () () () (.....) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () () () (.....) or natural community conservation plan? Comments: a) The site is located at the southwest corner of Archibald Avenue and 6th Street and is characterized by single-family residential development to the north and south, and a public park to the west. The proposed land use and zone change to Low-Medium Residential would allow for the development of a range of residential housing product, including, single-family detached, single-family allached (du-, tri, and four-plex), multiple family dwellings (apartments), and would conditionally permit mobile home park, The project will become a part of the larger community, No adverse impacts are anticipated, b) The proposed project site land use designation is Low-Medium Residential. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, As such, no impacts are anticipated, c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5,3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals due to the fact that the project is surrounded by urbanized land uses and is consistent with the General Pian Land Use Plan, 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () (.....) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important () () () (.....) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Rev, 1/20105 ~2~' Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 20 less Than Significant Less Issues and Supporting Information Sources: Potentially 1M'" Than Significant Mitigation Significant No lmoact Incoltlorated Imoacl Impact Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () (.....) () () excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () () (.....) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise () () () (.....) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in () V) () () ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, () () () V) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, () () () (.....) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. A Noise Study was prepared by Ultrasystems Environmental, dated March 2005 indicated that; Mitigation measures listed below would reduce exterior and interior noise levels to less-than- significant levels: Exterior: 65dba Interior: 45dba 1) A 7.5-foot tall wall along 6th Street and Archibald Avenue will be required at the time of development. b) The uses associated with this type of project normally do not induce ground borne vibrations, As such, no impacts are anticipated, Rev, 1/20105 ;l.Z~ Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 21 Less Than Significant less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact lmnatt c) The primary source of ambient noise levels in Rancho Cucamonga is traffic, The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5,7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts due to the transport of construction materials and debris, The following mitigation measures shall then be required: 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is within 2 miles of a public airport, Located approximately 1,5 miles northerly of the Ontario Airport and is offset north of the flight path, No impact is anticipated, f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits, No impact is anticipated, Rev, 1/20105 2ab Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 22 less Than Significant Less Issues and Supporting Information Sources: Potentially IIWh Than Sig;~fiacant ~~t~~tion Significant No 1m ael Inco orated Imnacl Imnact 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either () () () (.....) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, () () () (.....) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating () () () (.....) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth, Construction activities at the site will be short-term and will not attract new employees to the area, No impacts are anticipated, b) The project site contains no existing housing units, No adverse impact expected, c) The project site is vacant land, No impacts are anticipated, 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (.....) b) Police protection? () () () (,f) c) Schools? () () () (.....) d) Parks? () () () (.....) e) Other public facilities? () () () (.....) Comments: a) The site is located at the southwest corner of Archibald Avenue and 6th Street and is characterized by Single-family residential development to the north and south, Future Housing Units would be served by a fire station located approximately 1,66 mile from the project site, The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities, Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services wiil occur, No impacts are anticipated, b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled, Rev, 1/20/05 ;;. ~f Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 23 Less Than Significant less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) The Cucamonga School District and the Chaffey Joint Union High School District serve the project area, Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the school impact fees, With this standard mitigation, impacts to the School Districts are not considered significant. No impacts are anticipated, d) The site is in a developed area, currently served by the City of Rancho Cucamonga, The nearest park is located adjacent to the project site, The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities, A standard condition of approval will require the developer to pay park development fees, No impacts are anticipated, e) The proposed project will utilize existing public facilities, The site is in a developed area, currently served by the City of Rancho Cucamonga, The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities, Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5,9,9), the projected increase in library space under the General Plan will not meet the projected demand, The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated, Since the adoption of the General Pian, the City has planned and is constructing a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City, 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and () () () (.....) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or () () () (.....) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga, The nearest park, Golden Oak Park, is adjacent to the project site, This project is proposing new housing that would cause a less than significant increase in the use of parks or other recreational facilities, A standard condition of approval will require the developer to pay park development fees, No impacts are anticipated, b) See a) response above, Rev, 1/20105 :2.32 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 24 less Than Significant less Issues and Supporting Information Sources: Potentially With Than Sig;~fiacant M~t~~tion Significant No 1m act Inco orated Imoact lmoact 15. TRANSPORTATIONITRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in () () () (,.1') relation to the existing traffic load and capacity of the street system (Le" result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of () () () (.....) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including () () () (.....) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature () () () (.....) (e,g" sharp curves or dangerous intersections) or incompatible uses (e,g" farm equipment)? e) Result in inadequate emergency access? () () () (.....) f) Result in inadequate parking capacity? () () () (.....) g) Conflict with adopted policies, plans, or programs () () () (.....) supporting alternative transportation (e,g" bus turnouts, bicycle racks)? Rev, 1/20105 Comments: a) The proposed land use and zone change to Low-Medium Residential would allow for the development of a range of residential housing product, including single-family detached, single-family attached (du-, trio, and four-plex), multiple family dwellings (apartments), and would conditionally permit mobile home park, The density allowed in the Low-Medium Residential zone is 4-8 dwelling units per acre, Implementation of the proposed 18,6-acre project will generate between 967 to 1,934 average vehicle trips daily, at the low and high end of the density range, respectively, The proposed project proposes the development of 79 single-family residences, The Rancho Cucamonga Traffic Model estimates that each dwelling unit will generate13 trips daily, As noted in the General Plan FEIR (Section 5,5), continued development will contribute to the traffic load in the Rancho Cucamonga area, The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated, A Traffic Study prepared by OJI International Consultants Inc, indicates that the Land Use Amendment from Industrial Park to Low- Medium Residential will reduce the average net daily Trips by 337, The project is in an area that is mostly developed with street improvements existing or included in project design, The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections, The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards, In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits, Fees are used to fund roadway improvements necessary to support adequate traffic circulation, No impacts are anticipated, 2~3 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 25 Less Than Significant less Issues and Supporting Information Sources: Potentially With Th," Significant Mitigation Significant No Imnact IncorDorated Imoact Imoact b) The density allowed in the Low-Medium Residential zone is 4-8 dwelling units per acre, Implementation of the proposed 18,6-acre project will generate between 74 and 149 two-way peak hour trips, at the low and high end of the density range, respectively, This is less than 250 two-way peak hour trips for non-retail; therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis, The Rancho Cucamonga Traffic Model estimates that each of the 79 dwelling units will generate 2,79 two-way peak hour trips daily, The project is in an area that is mostly developed with all street improvements existing, The project will not negatively impact the level of service standards on adjacent arterials, The project will be required to provide street improvements (curb, guller and sidewalk) along the street frontage of the site, No impacts are anticipated, c) Located approximately 1.4 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns, No impacts are anticipated, d) The project is in an area that is mostly developed, The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site, The project design does not include any sharp curves or dangerous intersections or farming uses, The project will, therefore, not create a substantial increase in hazards due to a design feature, No impacts are anticipated, e) The project will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access, No impacts are anticipated, f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity, No impacts are anticipated, g) The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e,g" bus bays, bicycle racks, carpool parking, etc,), 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the () () () (.....) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () () (.....) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause , significant environmental effects? c) Require or result in the construction of new storm () () () (.....) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects,? d) Have sufficient water supplies available to serve the () () () (.....) project from existing entitlements and resources, or are new or expanded entitlements needed? Rev, 1/20105 2~~ Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 26 less Than Significant less Issues and Supporting Information Sources: Potentially With Thoo Significant Mitigation Significant No Imcact Incorcorated I~Dact Impact e) Result in a determination by the wastewater treatment () () () (.....) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permilled () () () (.....) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (.....) regulations related to solid waste? Comments: a) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga, The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater, No impacts are anticipated, b) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity, The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater, No impacts are anticipated, c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the fiows, A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits, The impact is not considered significant. d) The project is served by the Cucamonga Valley Water District water system, There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. ' No impacts are anticipated, e) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity, No impacts are anticipated, f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs, g) This project complies with Federal, State, and local statutes and regulations regarding solid waste, The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939, Therefore, no impacts are anticipated, Rev, 1/20105 . Z3S Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 27 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Th," Sig~~~canl In~t~~~:t~d Sig~~~cant No 1m act 1m act I~~~cl 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () () (.....) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (.....) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () (.....) cause substantial adverse effects on human beings, either directly or indirectly? Rev, 1/20105 Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan ExhibitlV-3, Additionally, the area surrounding the site is developed, Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site, b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan, The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse envirbnmental effects of build-out in the City and Sphere of Influence, The City made findings that adoption of. the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources, Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less than significant levels, As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Pian Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)), These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space, With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required, c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings. either directly or indirectly, The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels, Additionally, impacts resulting from air quality would be short-term and would cease once 23b Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 28 construction activities were completed, The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels, Mitigation measures contained in this Initial Study will ensure impacts are at less than significant levels, EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D), The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis, The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive: General Plan FEIR (SCH#2000061027, Certified October 17, 2001) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) Industrial Area Specific Plan EIR (Certified September 19,1981) Industrial Area Specific Plan, Subarea 18, EIR (SCH #93102055, certified June 15, 1994) Traffic Study, prepared by OJllnternational Consultants Inc" and dated May 2005 Acoustical Analysis, prepared by, Ultrasystems Environmental, dated March 2005 Air Quality Impact Report, prepared by OJI Environmental Services Inc" dated March 1, 2005 Rev, 1/20/05 2~1 Initial Study for DRC2004-00699 and DRC2004-00700 City of Rancho Cucamonga Page 29 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a pOint;venrct11Y no Signific~n nvironmental effects would occur. C. J I Applicant's Signa ure: ." Date: 7 - h -~ . i Print Name and Title: Rev. 1/20105 23fJ RESOLUTION NO, (j 5.., .32.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00699, A REQUEST FOR A LAND USE AMENDMENT FROM INDUSTRIAL PARK TO LOW-MEDIUM RESIDENTIAL IN CONNECTION WITH A PROPOSAL FOR A MASTER PLAN FOR 79 SINGLE-FAMILY LOTS (4-8 DWELLING UNITS PER ACRE) ON 18.6 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08. A, Recitals. 1. The Ranch Group filed an application for General Plan Amendment DRC2004-00699, as described in the title of this Resolution, Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On October 26, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date, 3. On the 16th day of November 2005, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date, 4. All legal prerequisites prior to the adoption of this Resolution have occurred, B. Resolution, NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on November 16, 2005, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 18,6 acres of land, basically a rectangle configuration, located on the southwest corner of Archibald Avenue and 6th Street, and is presef)tly a vineyard. Said property is currently designated as Industrial Park with a Master Plan; and b. The property to the north of the subject site is designated Low Residential (2-4 dwelling units per acre) and is an existing single-family residential neighborhood. The property to the west is designated Park and is developed as a Neighborhood Park. The property to the east is designated Industrial and is developed with industrial and commercial uses. The property to the south is designated Low-Medium Residential (4-8 dwelling units per acre) and is an existing single-family residential neighborhood; and Jl3q CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties, f, The Master Plan as submitted illustrates that a conventional Low-Medium Subdivision of 79 single-family residential lots (4.24 dwelling units per acre) can be reasonably developed on the site. It should be noted that the Master Plan is illustrative only and that a separate Tentative Tract Subdivision Map and application, will need to be processed at a later date. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a, That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b, That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application, b, Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed within the Mitigation Monitoring Plan, c, Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study :1. /It> CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 3 and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753,5(c-1-d) of Title 14 of the California Code of Regulations, 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of General Plan Amendment DRC2004-00699, as shown in Exhibit A attached hereto for reference and each and every condition set forth below, Environmental Mitiqation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions, Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications, Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use, Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113, Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108, 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering, . Pave or apply gravel to anyon-site haul roads. · Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. 2i// CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 4 . Schedule activities to minimiZe the amounts of exposed excavated soil during and after the end of work periods. . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling, Timing may vary depending upon time of year of construction. . Suspend grading operations during high winds (i.e" wind speeds exceeding 25 mph) in accordance with Rule 403 requirements, . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCBJ) daily to reduce PMlO emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean altemative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use, 10) All residential and commercial structures shall be required to incorporate high efficiencyllow polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping, Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: :;,q1. CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 5 . Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. . Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. . Pursue educating the public about the area's archaeological heritage, . Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines, . Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area, Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site, The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: . Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities, . Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage, If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. . Submit summary report to City of Rancho Cucamonga, Transfer collected specimens with a copy of the report to San Bernardino County Museum, Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2.1/'; CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 6 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site, Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in 9rading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a speCified time frame, 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff, 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust ir: order to prevent discharge of debris or sediment from the site, 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared pursuant to any Tract or Parcel Map Application to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 2. 'It; CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 7 6) Landscaping plans shall include provIsions for controlling and minimizing the use of fertilizers/pesticides/herbicides, Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable, The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004, 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) A 7.5-foot tall wall along 6th Street and Archibald Avenue will be required at the time of development. 2) Construction or grading shall not take place between the hours of 8:00 p,m. and 6:30 a,m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17,02,120-D, as measured at the property line, Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02,120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase, :Z'lS CITY COUNCIL RESOLUTION NO DRC2004-00699 - THE RANCH GROUP November 16, 2005 Page 8 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m, and 6:30 a,m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, Additionally, if heavytnucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6.. The Secretary to this Council shall certify to the adoption of this Resolution, APPROVED AND ADOPTED THIS 16TH DAY OF NOVEMBER 2005. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA 2t11, -n 6TH $T ) ) f t , II J I j! MEADOW 8T ,~ a ~ I ~""~-~T'--=""l---?"--h_--- ~ , -, . I (--i , , , - '-" i-~-"-~ ,r----l , ! - bE ~~~, '~~k~~HllrDEvECoPJN,t~J I----j , , , i ',,' ", :, J,," " j ; Ii I --~ '" -i r--' - [c:-~~:~~\_,r~~~c.L~I,<__I,' Ii .:\... ,--' ---, .' IF ~r:~-' i/ ',I '" <( o z w " ...J, gr ;,~ o!:, GOLDEN 9AK P.l\R SHADOWBROOK DR HEARTHS IDE CT /\,' DE BERARD RANCH PROJECT PRbPOSED GENERAL PLAN CJ LOW CJ LOW MEDIUM D INDUSTRIAL PARK _ GENERAL INDUSTRIAL CJ PARK Exhibit A POPPYFIELD s: o c z >! z '" I 1< '" )> '" 5: <3 ELMWOOD ;0 () 0 I ...J Z ij; ~ 0 )> z ,. r => Z 0 '" <( )> 0 < ,,, ,,, 500 750 ORC20Q4-00699 (GPA) DRC2004-Q070Q (DDA) LOCATION MAP WOOF_ (fJ 2'11 ORDINANCE NO. 1.$/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP FROM INDUSTRIAL PARK (SUBAREA 16) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 18.6 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08, A. Recitals, 1. The Ranch Group filed an application for Development District Amendment DRC2004-00700, as described in the title of this Resolution, Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On the 26th day of October 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On the 16th day of November 2005, the City Council of the City of Rancho Cucamonga conducted a duly noticed pUblic hearing on the application and concluded said hearing on that date. 4, All legal prerequisites prior to the adoption of this Ordinance have occurred. B, Ordinance, The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on November 16, 2005, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a, The application applies to approximately 18.6 acres of land, basically a rectangle configuration, located on the southwest corner of Archibald Avenue and 6th Street, and is presently a vineyard, Said property is currently designated as Industrial Park with a Master Plan; and b, The property to the north of the subject site is designated Low Residential (2-4 dwelling units per acre) and is an existing single-family residential neighborhood, the property to the west is designated Park and is developed as a Neighborhood Park, the property to the east is designated General Industrial and is developed with industrial and commercial uses, the property to the south is designated Low-Medium Residential (4-8 dwelling units per acre) and is an existing single-family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and :z 'leg CITY COUNCIL ORDINANCE NO, DRC2004-00700 - THE RANCH GROUP November 16, 2005 Page 2 d, This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties. f. The Master Plan, as submitted, illustrates that a conventional Low-Medium Subdivision of 79 single-family residential lots (4,24 dwelling units per acre) can be reasonably developed on the site. It should be noted that the Master Plan is illustrative only and that a separate Tentative Tract Subdivision Map and application, will need to be processed at a later date. 3, Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a, That the subject property is suitable for the uses pemnitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b, That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared, therefore, reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application, b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed within the Mitigation Monitoring Plan. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends, Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753,5(c-1-d) of Title 14 of the California Code of Regulations. .2 tf~ CITY COUNCIL ORDINANCE NO. DRC2004-00700 - THE RANCH GROUP November 16, 2005 Page 3 I 5, Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Development District Amendment DRC2005-00107 as shown in Exhibit A attached hereto for reference and each and every condition set forth below, Environmental Mitiqation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification, 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Ruie 1108, 5) All construction equipment shall comply with SCAQMD Rules 402 and 403, Additionally, contractors shall include the following provisions · Reestablish ground cover on the construction site through seeding and watering, . Pave or apply gravel to anyon-site haul roads. . Phase grading to prevent the susceptibility of large areas to erosion over extended periOdS of time. · Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods, . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. · Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs 1st> CITY COUNCIL ORDINANCE NO. DRC2004-00700 - THE RANCH GROUP November 16, 2005 Page 4 as a result of hauling. Timing may vary depending upon time of year of construction. . Suspend grading operations during high winds (i,e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means, 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,0 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions, 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters, 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: . Enact interim measures to protect undesignated sites from' demolition or significant modification without an opportunity for the City to establish its archaeological value. . Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. . Pursue educating the public about the area's archaeological heritage. 25/ CITY COUNCIL ORDINANCE NO, DRC2004-00700 - THE RANCH GROUP November 16, 2005 Page 5 . Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines, · Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specifiC recommendations regarding further mitigation measures (Le., paleontological monitoring) that may be appropriate, Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. . Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. · Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum, Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site, Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes, 25.1. CITY COUNCIL ORDINANCE NO, DRC2004-00700 - THE RANCH GROUP November 16, 2005 Page 6 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff, 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared pursuant to any Tract or Parcel Map Application to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth, Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent 25.3 CITY COUNCIL ORDINANCE NO. DRC2004-00700 - THE RANCH GROUP November 16, 2005 Page 7 practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004, 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (Le" a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) A 7.5-foot tall wall along 6th Street and Archibald Avenue will be required at the time of development. 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17,02.120-D. as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02,120, Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase, 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a,m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6, The Secretary to this Council shall certify to the adoption of this Ordinance. ~s'l ,,------ i[{ 6TH ST u MEADOW ST l I :! -~--"'_.' ,'.. .......r.\.- ~OLDEN OA~ ~~~I _ ," I ;:(1 0, z w <.;) -' o '" ',. , - ......:-".- . c: SHADOWBROOK DR !~ ~ I~i /\ / DE BERARD RANCH PROJECT PRbPOSED ZONING o L(2-4 DUJAC) U lM (4-8 DUlAC) c::J IP(IND,PArk) IllJ} GI (Gen. Ind.) DP(Park) Exhibit A J~I 1:L ]1 ~ -i.~.T ! ! - ~..; . _....__. L .... !., ~-------,---~--' . DE BERARD RANCH DEVELOPMENT L._ I" . . LD i--.--, n~. L! \- ----~, ,- ", ,-- "TJ --I,"~"'lj ---..:._--~- .{ ;; o -' '" Z => '" '" '"', <3 z o >- z <C <J ,.. :,~I /y-' : .J.~~:;'~., i : -, , ____._J _ _ _.' <>, ,. " " " '" ,. r o 1: " ,-" ! J,/r' ELMWOOD ". '"' 1000 Feet DRC2004-00699 (GPA) DRC2004-00700 (DDA) LOCATION MAP 00 ~55 THE I C I T Y o F RANCtlO CUCAMONGA Staff Report DATE: November 16, 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 November 2, 2005 the City Council began the public hearing regarding the appeal. During the meeting the Council took testimony from the members of the public opposed to the appeal. Because of the lateness of the hour, the council voted to continue the public hearing to November 16, 2005 in order to take further public testimony from the appellant. However, because of prior commitments that could not be changed, the attorney for the appellant is not able to attend and represent his client during this meeting, Staff is working with the Council and the appellant to determine a new date to continue a review of the appeal, When a date has been selected, the Council and public will be duly notified. 1 Res Dan oleman Acting City Planner DC:MD:ls "5' THE CITY OF RANCHO CUCAMONGA Mayor WILLIAM J. ALEXANDER lv/ayor Pro "Rill DrANE WILLlM1S Councilmembrrs REX GUTIERREZ L DENNIS MICHAEL SAM SPAGNOLO City Manager JACK LAM, AIel' RANCHO CUCAMONGA November 23,2005 Mr. John W. Weston WESTON, GARROD, DEWITT & WALTERS 12121 Wilshire Blvd., Suite 900 Los Angeles, California 90025 Re: Margarita Beach Dear Mr. Weston: At the request of my City Attorney, James Markman, I am enclosing two letters that were distributed at our City Council meeting held November 16, 2005. If you have any questions, please feel free to contact me. Enclosure (as noted) 10500 Civic Center Dr." PO. Box 807" Rancho Cucamonga, CA 91729-0807. Tel 909-477-2700" Fa.x 909-477-2849" W\\'"\v.ci.ram:ho-cucamonga.ca.us @, . f'1JIi;;f:..,.c.., . ~. j("~J A'D~..!.. t,' "0---." ~ l~~ Dear City Council Members 0:: ~ I've been following the newspaper articles reporting the fate of crry ~II!I, Margarita Beach. I understand there have been complaints by the local residents. I understand they have some valid concerns that do need to be addressed. But I feel it important to consider both sides before rendering your decision. I have been a patron of Margarita Beach on and off for the past 10 years. My roommate and I have become somewhat of "regulars." I am a hard working, taxpaying local resident. When Friday comes around I look forward to going to Margarita Beach. It's like my own CHEERS. I go to unwind from a busy work week. I am greeted by the friendly staffs who have befriended my roommate and me. It is a nice relaxing place to have a few drinks and socialize. I understand that Margarita Beach has been categorized as a strip club type atmosphere. I take great offense to this. If that was ever my impression I would never have returned. The newspaper has stated that they promote it as if it were that type of place. They do promote a "SIN' night. They do a happy hour night for those like me that work in the service industry. I understand the concerns of cars racing on the streets, or parking in front of nearby houses. I would have a problem with that as well. I have noticed the increase in security as soon as this concern was brought to their attention. You have to realize that there is only so much they can do. You can't expect to hold them responsible for the actions of adult individuals. Margarita Beach brings a lot of revenue to Rancho. I've met people that have come from as far as L.A. and Orange County. If you change their hours of operation you will lose the revenue brought by these people. They come to this small local establishment along the way seeing all that Rancho has to offer. Thank you for your time. I just thought it important to hear the other side as well. Sincerely ~~~ - ~'- (,', .,:1".~ .V:~ "--.,..;;~~':J~ .......:...) ~-..: / S:v~'r-<""'" ~ ~"'.,.. ~. , .) ..... '\.<(" x., ,"}' \. ,) ~..:: ,.... .-l t- .-l .-l \0 C1> 0\ <:{ <:( ;! u U 0. >- < 1I1 It Z ~ t- w /!'4 Vl 0 ... :J ~ .... Q "'. ~ Z ... _ ... 0. tfl u.. \>! o ~ u ~ ~ ...- ., .J . s: ).. ~p. g '1 s !) , -0 ~6' ~ j - ~\) ~ fJ-7g \Jl C5 ~ 5 g $ (j)~rJ- .0 . r(l ~-+ . r 3VJ -5 6- ~1 i, ~~ c()5 3.33 "1:::r , ~bo pL . ..- '- .- "- -- ~ .- - .- - - .- '- ...., :::f~i ,.,'t :1:. () ,.... '.' p.. 'r'; 'n Dear City Council Members, N~'CEJVED @taM ~ c' 'J:~11'" V 1.\ {t;~ CITY OF RANCHO CUCAMQl\It:>. CITY CLERK 'VWi , , I've become a bit concerned about some of the articles in the newspaper about a local establishment I frequent. Margarita Beach has gotten some negative press and I just felt that one side has been addressed. The perception has been residents & other businesses vs. Margarita Beach. I don't want to discount the validity of the residents, but even some of them have acknowledged that there have been some improvements. They have made the effort to curb the reckless driving .. _ Jhat useJo go.OD.. More security_was.added. I resent the "strip club" implication. !fit was that kind of place, I wouldn't go. That's not the caliber of our city. I've been part of the Rancho Cucarnonga community for 5 years. I work hard, pay taxes, and spend my dollars in Rancho. I'm an adult responsible for what I do and say, just like the others that frequent Margarita Beach What's wrong with having different theme nights? How is that any different than what other restaurants do? "2 for }" night, "Taco Tuesday", "Children eat for free" night, it is the nature of the business. I'm in the food service industry. It's about capturing guests, increasing sales, and promoting your business. And is not your role to contribute to improving Rancho, building the community? So how are you supporting Margarita Beach? Are they not entitled to your support? I know for a fact that Mark puts his dollars back in Rancho. I use to manage in another restaurant that he frequented 2-3 times a week. He would bring his kids. What about the longevity they have had? They have been there longer than half the businesses in that area. I have met so many people that come because they have heard about Margarita Beach in Rancho Cucamonga or they come every year with the races in Fontana. These people put money into our community; they visit other restaurants and shops. There are always going to be people who have no consideration for others in every industry. My roommate and I are "regulars" every Friday. We have our favorite bartenders, but all the staff is friendly; the owners are present and accessible. I've seen more lude acts in another establishment in Rancho and they are not acknowledged or questioned. I'm not some easily impressed 20- something, I'm a mature 3D-something that likes her weekly ritual. And I like being in my community. Why should that change? Isn't it important that they are willing to comply and work within the perimeters? Why are you giving up on them? They are part of your constituency too. Thank you for your time and consideration. Life isn't one sided and neither should this decision be. .~~~ Earlicia Henderson )5 ~j ~ ~,~ r rr, -::J v- ~ J~j () r0 S c? ~ 5',' . .' -'.'1 " - .~ :.-:. - - '- - :::: ...::: ....::: - - - :::: ...::: "":: ...::: .::::: "":: - :::: RANCHO CUCAMONGA ENGINEERING DEPARTMENT Siaff Report DATE: November 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J, O'Neil, City Engineer BY: Maria E, Perez, Associate Engineer SUBJECT: APPROVAL OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS IN APNs 0209-143-02, 0209-251-05, 0209-242-08, 0209- 251-11, 0209-251-14, 0209-131-02, 0209-131-01, 0209-242-07, and 0209-242-06 IN CONNECTION WITH THE CONSTRUCTION OF THE HAVEN GRADE SEPARATION PROJECT I. INTRODUCTION: The Resolutions of Necessity on the City Council agenda seek to acquire the following real property interests (the "Subject Property Interests") in the City of Rancho Cucamonga: 1, Permanent easement acquisition of a portion of the parcel located at the southeast corner of Jersey Blvd. & Haven Avenue (Assessor's Parcel Number ("APN") 0209- 143-02) 2. Permanent easement acquisition of a portion of the parcel located at 9000 Haven Avenue, north of the intersection of Acacia Street and Haven Avenue (APN 0209- 251-05) 3, Partial acquisition of the fee simple interest in the parcel located at 8978 Haven Avenue (APNs 0209-242-08 and 0209-251-11) 4, Temporary construction easement over a portion of the parcel located at 9060 Haven Avenue (APN 0209-251-14) :<s1 CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 2 5, Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 8812 Haven Avenue (APN 0209- 131-02) 6. Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 10451 26th Street (APN 0209-131- 01) 7. Fee simple acquisition of the parcel located at 10489 8th Street (APN 0209-242-07) 8. Fee simple acquisition of the parcel located at 10483 8th Street (APN 0209-242-06) The Subject Property Interests are sought for public purposes. Specifically, the Subject Property Interests are being acquired for the construction of a railroad under crossing at Haven Avenue and all uses necessary or convenient thereto, and is commonly referred to as the Haven Grade Separation Project ("the Proposed Project"). The City Council will acquire the Subject Property Interests pursuant to California Constitution Article I, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404, and 54031 and California Code of Civil Procedure section 1230.010 ef seq. ("Eminent Domain Law"), including, but not limited to, sections 1240.010 through 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. As explained more fully below, the Proposed Project would require the acquisition of the Subject Property Interests for the re-grading of the existing railroad crossing at Haven Avenue in connection with the Proposed Project. The Project calls for the upgrade to the existing railroad crossing. It is to be constructed as an under crossing, with the lowest point being approximately 25' in depth. In addition, the City will have to construct a temporary detour of Haven Avenue during construction, relocate existing utilities, cul-de-sac Humboldt Avenue and 8th Street where they intersect with Haven Avenue, and install curbs, gutters and sidewalks on both sides of Haven Avenue. That the City Council: Consider the Resolutions of Necessity on its agenda, which are Resolutions of Necessity of the City of Rancho Cucamonga Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof, In Connection With The Haven Grade Separation Project. If the City Council finds, based upon the evidence contained in and referred to in this Report and the testimony and comments received at this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt the Resolutions (which require a 4/5ths vote) and authorize that eminent domain proceedings be filed to acquire the following real property interests: 25€ CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 3 1. Permanent easement acquisition of a portion of the parcel located at the southeast corner of Jersey Blvd. & Haven Avenue (Assessor's Parcel Number ("APN") 0209- 143-02) (Scheu ownership) 2. Permanent easement acquisition of a portion of the parcel located at 9000 Haven Avenue, north of the intersection of Acacia Street and Haven Avenue (APN 0209- 251-05) (Chan ownership) 3. Partial acquisition of the fee simple interest in the parcel located at 8978 Haven Avenue (APNs 0209-242-08 and 0209-251-11) (KVL ownership) 4. Temporary construction easement over a portion of the parcel located at 9060 Haven Avenue (APN 0209-251-14) (SKW-MBT ownership) 5. Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 8812 Haven Avenue (APN 0209- 131-02) (Hofer ownership) 6, Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 10451 26th Street (APN 0209-131- 01) (D. R. Landmark ownership) 7. Fee simple acquisition of the parcel located at 10489 8th Street (APN 0209-242-07) (Corral ownership) 8. Fee simple acquisition of the parcel located at 10483 8th Street (APN 0209-242-06) (Amador ownership) These real property interests are described more particularly in the Exhibits attached to the Resolutions. If the Resolutions of Necessity are approved, authorize the City Attorney's office and staff to take all necessary steps to file and prosecute eminent domain proceedings to acquire the subject property interests. Authorize the City Manager to execute all necessary documents. II. BACKGROUND: The Proposed Project is consistent with the Circulation Element, Major Divided Highway of the City's General Plan. The Proposed Project would consist of lowering the existing grade of Haven Avenue, where it intersects the Southern California Regional Rail Authority (SCRRA) railroad tracks, construction of a temporary detour of Haven Avenue during construction, cul-de-sac ~s9 CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 4 Humboldt Avenue and 8th Street where they intersect with Haven Avenue, and the installation of curbs, gutters and sidewalks on both sides of Haven Avenue. The construction of the Proposed Project in the manner proposed would require the acquisition of the Subject Property Interests for the above-stated purposes. The City anticipates that the construction of the Proposed Project would commence no later than September, 2006. However, some utility relocations will have to be completed prior to the commencement of construction. The City expects that the construction will take approximately twenty-four (24) months. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study for the Haven Avenue Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings, The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004, Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or 2'D CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 5 the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Existing utilities will be relocated either before or during the construction of the Proposed Project so as to minimize any potential service disruption. In addition, the City will construct a temporary detour of Haven Avenue prior so as to provide continued access along Haven Avenue during the construction of the Project. As more fully described below, pursuant to Government Code section 7262, et se.q., the City of Rancho Cucamonga obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the fair market value, and extended a written offer to the owners of record. Following is a brief summary of the City's actions with respect to the Subject Property Interests pursuant to Government Code section 7262, et seq. Permanent easement acquisition of a portion of the parcel located at the southeast corner of Jersey Blvd. & Haven Avenue (Assessor's Parcel Number ("APN') 0209-143- 02) (Scheu ownership) Permanent easement acquisition of a portion of the parcel located at 9000 Haven Avenue, north of the intersection of Acacia Street and Haven Avenue (APN 0209-251- 05) (Chan ownership) Partial acquisition of the fee simple interest in the parcel located at 8978 Haven Avenue (APNs 0209-242-08 and 0209-251-11) (KVL ownership) Temporary construction easement over a portion of the parcel located at 9060 Haven Avenue (APN 0209-251-14) (SKW-MBT ownership) Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 8812 Haven Avenue (APN 0209-131-02) (Hofer ownership) Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 10451 26th Street (APN 0209-131-01) (D. R. Landmark ownership) Fee simple acquisition of the parcel located at 10489 8th Street (APN 0209-242-07) (Corral ownership) Fee simple acquisition of the parcel located at 10483 8th Street (APN 0209-242-06) (Amador ownership) 2 (PI CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 6 Pursuant to Government Code section 7262, et seq., the City obtained a fair market value appraisal of the subject real property interests based on a July 11, 2005 date of value. The City set just compensation in accordance with the appraised fair market value, and in August 2005 extended a written offer letter to the owners of record, but there has been no agreement on the sale of the subject real property interests. A true and correct copy of the offer letters are on file in the Office of the City Engineer and are incorporated in this Staff Report by this reference. The City has not received a response to its offer from any representative of Hofer. To date, no negotiated purchase for their Subject Property Interests has been consummated, and the schedule of the Proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. The City has received a response from the Amador ownership and is in the process of negotiating the acquisition of the Amador property. The City has also received responses from Chan, KVL, SKW-MBT, Scheu and D.R. Landmark, and Corral, but the City has not been able to negotiate a purchase from these owners. A. The Public Interest And Necessity Require The Proposed Project As explained above, the City seeks to acquire the Subject Property Interests for a public purpose. Specifically, the Subject Property Interests are needed for lowering the existing grade of Haven Avenue, where it intersects the Southern California Regional Rail Authority (SCRRA) railroad tracks, construction of a temporary detour of Haven Avenue during construction, cul-de-sac Humboldt Avenue and 8th Street where they intersect with Haven Avenue, and the installation of curbs, gutters and sidewalks on both sides of Haven Avenue, which constitutes a public use. The public interest and necessity require the Proposed Project because it will alleviate traffic congestion and provide for safety consistent with the public health and safety element of the General Plan. Therefore, as a whole, the Proposed Project will preserve, protect and enhance the public interest. In short, the public interest and necessity require the Proposed Project to better meet the City's traffic and circulation needs within the City and fulfill the City's General Plan objectives. B. The Proposed Project is Planned and Located in The Manner That Will be Compatible With The Greatest Public Good And Least Private Injury As shown above, the proposed acquisitions would cover: Permanent easement acquisition of a portion of the parcel located at the southeast comer of Jersey Blvd. & Haven Avenue (Assessor's Parcel Number ("APN'? 0209-143- 02) (Scheu ownership) Permanent easement acquisition of a portion of the parcel located at 9000 Haven Avenue, north of the intersection of Acacia Street and Haven Avenue (APN 0209-251- 05) (Chan ownership) ~~.4 CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 7 Partial acquisition of the fee simple interest in the parcel located at 8978 Haven Avenue (APNs 0209-242-08 and 0209-251-11) (KVL ownership) Temporary construction easement over a portion of the parcel located at 9060 Haven Avenue (APN 0209-251-14) (SKW-MBT ownership) Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 8812 Haven Avenue (APN 0209-131-02) (Hofer ownership) Partial acquisition of the fee simple interest in and a temporary construction easement over a portion of the parcel located at 10451 26th Street (APN 0209-131-01) (D. R. Landmark ownership) Fee simple acquisition of the parcel located at 10489 8th Street (APN 0209-242-07) (Corral ownership) Fee simple acquisition of the parcel located at 10483 8th Street (APN 0209-242-06) (Amador ownership) The acquisitions sought through this eminent domain action are consistent with the 'Circulation Element, Major Divided Highway of the City of Rancho Cucamonga's General Plan. Private development of the subject parcel would have required the same dedication and public improvements as conditions of approval. The City seeks to acquire the Subject Property Interests for the construction of a railroad under crossing at Haven Avenue and related purposes. The acquisitions would permit the City to construct the Proposed Project which will consist of lowering the existing grade of Haven Avenue, where it intersects the Southern California Regional Rail Authority (SCRRA) railroad tracks, construction of a temporary detour of Haven Avenue during construction, cul-de-sac Humboldt Avenue and 8th Street where they intersect with Haven Avenue, and the installation of curbs, gutters and sidewalks on both sides of Haven Avenue.. The construction of the Proposed Project would cause minimal impact to the properties on which these acquisitions are sought. As described in the Initial Site Assessment and Initial Study presented to the City Council in connection with approval of the Proposed Project, the City will be vigilant throughout the construction process in requiring the contractor to comply with the environmental requirements as defined in the project specifications, which will ensure the least amount of impact to the surrounding area. Those environmental studies are incorporated herein by reference. C. The Subject Property Interests Described in The Resolutions of Necessity Are Necessary For The Proposed Project As explained above, the construction of the Proposed Project in the manner proposed would require the acquisition of the Subject Property Interests for re-grading of the Haven Avenue. This construction would include lowering the existing grade of Haven Avenue, 2t,3 CITY COUNCIL STAFF REPORT Re: Haven Grade Separation Project November 16, 2005 Page 8 where it intersects the Southern California Regional Rail Authority (SCRRA) railroad tracks, construction of a temporary detour of Haven Avenue during construction, cul-de-sac Humboldt Avenue and 8th Street where they intersect with Haven Avenue, and the installation of curbs, gutters and sidewalks on both sides of Haven Avenue. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Existing utilities will be relocated either before or during the construction of the Proposed Project so as to minimize any potential service disruption. In addition, the City will construct a temporary detour of Haven Avenue prior so as to provide continued access along Haven Avenue during the construction of the Project. The Subject Property Interests sought to be taken are not being put to an existing public use, Consequently the Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or future use. E. The Offer Required by Section 7267.2 of The Government Code Has Been Made to The Owners of Record of The Real Property Interests Sought to be Acquired Pursuant to Government Code section 7262, et seq., the City obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to the record owners of the Subject Property Interests identified above. ' A true and correct copy of the offer letters are on file in the Office of the City Engineer and are incorporated in this Staff Report by this reference. To date, however, no negotiated purchase has been consummated, and the schedule for the Proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. Respectfully submitted, .(/:t'(?,{~ William J. O'Neil City Engineer WJO:MEP Enclosures :1.~'f /_.. ~ (......' WI5 LJ WI N AV ~ > <{ ~ > :i1 " BN5F RR 8TH 5T ~ z :> PROJ ECT LOCATION CITY OF RANCHO CUCAMONGA HAVEN AVENUE GRADE SEPARATION VICINITY MAP NTS :2~S manalt I phelps I phillips C(~~. Edward G. Burg ~ Manatt, Phelps & Phillips, LLP Direct Dial: (310) 312-4189 Facsimile: (310) 312-4224 E-mail: eburg@manatt.com manatt MECEIVEO ~O~ 1 f 21m ~11Y OF RANCHO CUCAMONGA CITY CLER" CLf.Lw i,&A/dJ O/,} /!I./~oS BY FAX (909) 477-2846 AND U.S. MAIL .iJ:lJ November 14, 2005 Client-Matter: 26887.060 Debra Adams City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Notice of Proposed Eminent Domain Proceeding 8812 Haven Avenue -- APN 02090-131-02 Hearing Date: November 16,2005 Dear Ms. Adams: We represent the owners of the property located at 8812 Haven A venue. We are writing in response to the Notice of Proposed Eminent Domain Proceeding and of Opportunity to be Heard, dated November 1, 2005, regarding this property, This is our written request, pursuant to Code Civ. Proc. 91245.235(c), to appear and be heard at the November 16, 2005 hearing on this matter. Verv truhr yours.. J _ . Edward G. Burg Manatt, Phelps & Phillips, LLP 11355 West Olympic Boulevard, Los Angeles, Califomia 90064-1614 Telephone: 310.312.4000 Fax: 310.312.4224 Albany I Los Angeles I Mexico City I New York I Orange County I Palo Alto I Sacramento I Washington, D.C. (), - (. D.R. Landmark, Inc. 1042 North Mountain Avenue, Unit B-449 Upland, Ca 97186-3695 Attention: Debra Adams, City Clerk R~CEJVED NO'J 15g CITY OF RANCHO CUCAMONGA CITY CLERK This is our written request to appear and be heard in regards to the possible proposed eminent Domain proceeding by the City Of Rancho Cucamonga. Referring to the property located on 10451 26th Street in the city of Rancho Cucamonga. We are filing this notice on the last day of time period you gave us, due to the officers of this company being out of the country . Your prompt respond is greatly appreciated. Thank You. 11/15/05 RESOLUTION NO. CJS.. ~~.3 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-143-02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project (" Proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351,37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240,010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests sought to be taken are a permanent easement acquisition for roadway purposes on the property identified as vacant land located at the southeast COrner of Jersey Boulevard and Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-143-02. The legal descriptions of the Subject Property Interests are attached as Exhibit "A-1" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit "B-1" to this Resolution. Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. Section 4, The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study forthe Haven Grade Separation Project. ' Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the 2~' RESOLUTION NO. November 16, 2005 Page 2 Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September .8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September .8, 2004. Further, in accordance with Section 21152 ofthe Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as a vacant lot. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510. Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: 1. The public interest and necessity require the Proposed Project; :2. to 1 RESOLUTION NO. November 16, 2005 Page 3 2. The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; 4. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and 5. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. Section 7. The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. Section 8. The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A-1" attached hereto. Section 9. This Resolution shall take effect upon adoption. Section 1 O. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005. William J. Alexander, Mayor City of Rancho Cucamonga, California 2'8 RESOLUTION NO. November 16, 2005 Page 4 ATTEST: Debra Adams City Clerk (SEAL) APPROVED AS TO FORM: James L. Markman City Attorney Jack Lam City Manager :Z~9 PSOMAS EXHIBIT 'A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 5 6 (APN 209-143-02) 7 ALL THAT PORTION OF nlE SOUTH \-S OF SECTrON 12, TOWNSHIP I SOUTH, 8 RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF 9 RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF 10 CALIFORNIA, RECORDS OF SAID COUNTY, ACCORDING TO THE OFFICIAL 11 PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, MORE 12 PARTlCULARLYDESCRlBEDASFOLLOWS: 13 14 COMMENCING AT A POINT 50.00 FEET NORTH OF THE SOUTHWEST 15 CORNER OF SAID SECTION 12; THENCE EAST AND PARALLEL WlTH THE 16 SOUTH LINE OF SAID SECTION, 101.00 FEET TO A POINT ON THE EAST 17 RIGHT OF WAY LINE OF HAVEN AVENUE (CURRENTLY 134 FEET WIDE) 18 SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE 19 CONTINUING ALONG SAID PARALLEL LINE SOUTH 89056'54" EAST 20 66.37 FEET; THENCE LEAVING SAID PARALLEL LINE 21 NORTH 3003'42" WEST 207.43 FEET; THENCE NORTH 8012'09" WEST 2l 276.68 FEET; THENCE NORTH 5020'20" WEST 232.70 FEET TO A POINT ON 23 SAID EAST RIGHT OF WAY LINE OF HA VEN AVENUE; THENCE SOUTHERLY 24 ALONG SAID EAST RIGHT OF WAY LINE OF HAVEN AVENUE 25 SOUTH 0028'10': EAST 712.64 FEET TO SAID TRUE POINT OF BEGINNING. 26 27 CONTAINING 0.587 ACRES MORE OR LESS. 28 29 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF 30 m:\2urs200408\sun'C)'\lepls\lcgals\npn.:!09.143'{)2-tcc-rcv09220S doc Scpcembl!l' 22, 200.5 l<m,LCM Sheet 1 of 2 ;"10 PS OMAS THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 2 AND/OR CONVEYANCE OF LAND IN VIOLA nON OF THE SUBDIVISION MAP 3 ACT OF THE STATE OF CALIFORNIA. 4 5 PREPARED UNDER THE DIRECTION OF 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 Sb.PI. 9-2. 2(:;05 DATE .1 D', ~..... 22 23 24 25 26 27 28 29 m:\2urs200408\aul'Vey\1qQlI;\Jqal~\1pn~209.14J.02_1Cc-Mv092205 doc: Sepccmber 22. ZOOS Lcm:LCM Sheet 2 of 2 ;:),7/ EXHIBIT IIBII - - I JERSEY BLVD .. t c. I t I~ SCERANKA LUC C .PN NO. 209.143. z J: U' en tJ )> c c ;;;; rJ ,.; A POFrrJON 0 I ~ c Z c -i. . ... SOUTH ~ :> ;;;; SEe-nON '" -ft~. fl.7. W. '" . D. '" I -..... 134' c. 33' 101' I :::l '" \\ I 0. "". z "'!::l ..I", "'. ..,. g.,,! 'it I I I \\ AS 02 ) F -n-IE OF -J2 8...8lYJ. DESCRIPTION, , TEMPORARY CONSTRUCTION EASEMENT rOR A PORTION OF SECTION 12 OF THE. NORTH CUCAUQNCA TRACT, IN THE CITY OF RANCHO CUCAMONC4. COUNTY Of SAN BERNARDINO. STATE OF CAliFORNIA. SHEET I OF 2 SCALE_ NONE CRAFTED. L'" P 5 0 M A 5 CHECKED. It.IHJ'P.JF 3"1 Iled HI A..... r: taI!Iu... taIICIm~ 21 JOB ZURSZOO40B (n4) 751-1>>J In.) ~~IUJ {r.u:) 'IIUMBER ;l1~ EXHIBIT liB I. I \ z I 5 , r tv. 0 "'. :E SCERANKA LUCAS I III tv ( 4PN NO. 209- I '3- 02 ) 0 )> N .... en < ~ g, ITI 0 01. . Z '" I )> rii 1\ A POFfrJON OF THE eOU-fJ-J ~ OF 134' BBe-nON 012 33' 101' z -f:l.e. Fl.1. W. 6.El.J\l1. I ... d ... .: '" . :e :1 '" - a. "- HUMBOL T tv 0 -A~ ,.. ... "'. f I POC I S69'S6'S4"E '- __' 101.00' - TPOB / --- ~ S69'S6'S4"E 66,)7' '" 0. ATCHISON, TOPEKA AND SANTA FE RAILWAY L.... (SCRRA TRACKS) SW COR SECIlON 12 OEseR IPT IONI ... TEMPORARY CONSTRUCT ION EASEhlENT 'OR SHEET 2 OF 2 A PORTION or SECTION 12 or THE NORTH CUCAMOHCA TRACT, IN THE CITV OF RANCHO CUC"'WONCA. COUNTY Of SCALE_ NONE SAN BERNARDINO. STATE OF CA~lrORNIA. DRAFTED. LeM p 5 0 M A 5 CHECKED I LWl/PJF JlIlItdH....-....fiiD CoslIIII-.CIIIor_ 2f JOB 2URS2004Q8 (lit) 15l.1J1J {JUI ~-IIU (J'AX) NlAI9ER ;173 RESOLUTION NO. () 5..~; tf A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-251-05 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350,37350.5,37351,37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230.010, ef seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests sought to be taken are a permanent easement acquisition for roadway purposes on the property identified as vacant land located at the northwest corner of Acacia Street and Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-251-05. The legal descriptions of the Subject Property Interests are attached as Exhibit "A-1" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit "B-1" to this Resolution, Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. Section 4. The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study forthe Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the ~7'f RESOLUTION NO. November 16, 2005 Page 2 measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004. Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has 'reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and . pursuant to the criteria of Section 15162 of the California Environmental Quality Act , Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as a vacant lot. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510, Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Proposed Project; B, The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; .;;z 1S RESOLUTION NO. November 16, 2005 Page 3 C. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. Section 7. The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. Section 8. The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A-1" attached hereto. Section 9, This Resolution shall take effect upon adoption, Section 1 O. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005. ATTEST: William J. Alexander, Mayor City of Rancho Cucamonga, California Debra Adams City Clerk (SEAL) ~1~ RESOLUTION NO. November 16, 2005 Page 4 APPROVED AS TO FORM: Jack Lam City Manager James L, Markman City Attorney :J. 77 PS OMAS EXHIBIT' A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 5 (APN 209-251-05) 6 THAT PORTION OF LOT 2 OF TRACT NO. 2203, IN THE CITY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 8 FILED IN BOOK 34, PAGE 65, RECORDS OF SAID COUNTY, MORE 9 PAR TlCULARL Y DESCRIBED AS FOLLOWS: 10 11 COMMENCING AT THE MOST EASTERLY NORTHEASTERLY CORNER OF 12 LOT 2 AS SHOWN ON SAID TRACT MAP SAID CORNER ALSO BEING THE 13 TRUE POINT OF BEGINNING: THENCE WESTERLY ALONG THE NORTH 14 LINE OF SAID LOT 2 NORTH 89'56'59" WE,ST 105.85 FEET; THENCE LEAVING 15 THE NORTH LINE OF SAID LOT 2 SOUTH 0.31'34" EAST 363.00 FEET TO A 16 LINE DRAWN PARALLEL WITH AND DISTANT 363.00 FEET MEASURED AT 17 RlOHT ANGLES FROM SAID NORTH LINE OF SAID LOT 2; THENCE 18 EASTERLY ALONG SAID PARALLEL LINE SOUTH 89.56'59" EAST 105.72 FEET 19 TO A POINT ON THE WEST RIGHT OF WAY LINE OF HAYEN AVENUE; 20 THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE 21 NORTH 0.30'23" WEST 363.00 FEET TO SAID TRUE POINT OF BEGINNING, 22 2.l 24 CONTAINING 0.882 ACRES MORE OR LESS. 25 26 27 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF 28 29 30 31 m:Uurs200-4Q8\5urvey\Jcpls\!ClP1ls\apn_209_2SI...oS_rev0912OS doc Scp\cmbcr 12, 2005 Lcm:lCM Sheet I of 2 ~7g PS OMAS 2 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DNISION 3 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 4 ACT OF THE STATE OF CALIFORNIA. S 6 PREPARED UNDER THE DIRECTION OF 7 8 9 10 II 12 1J 14 IS 16 11 18 19 20 21 II 23 24 S~PT 22 tJ5 DATE EN, PLS 5679 IRES 09/30/05 2S 26 27 28 29 30 31 m:\J.urs20040B\sul'Ycy\leg:a Is\lepls\llpn.2D9-'2 51-05 rev09120S.doc September 22, 200.5 - Lo..:LCM Sheet 2 of 2 ..J 79 NORTH CUCAMONaA '/RACl BOOK 4 PAW! 8 BLOCK ee NORTH LINE LOT 2 PORTJON Or Lo-r 2 -rRAer NO. 2203 BOOK 84, PAGE 65 F IP IN EASEMENT IN FAVOR OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED FEBRUARY 13, 1936 BOOK 1117, PAGE 3,31, OR. ... 0. ACACIA ST '" o ~ <.i ...- ,.; ... Ol ... I:> o. '" q EXHIBIT LOT S Lot 1 10S,85' N6S'S6'SS"W CHAN TONY L ( APN NO. 209.251.05 S6S"56'5S"E 105.72' DESCRIPTION. A PORTION OF LOT 2 Of' TRACT "'AP 2203. IN THE CITv or RANCHO CUCAMQNCA. COUNTY or SAN BERNARDINO. SlATE OF CALIFORNIA. UB"" z o !.i o N ... i TPOB 33' VARIES lor ... Ol !" o q "'I'" .... .... (") (") ::! ::! o 0 z z '" .-_. ,+,."... '.'-- PSOMAS :'':::r=n& (JM)WI-Jm CltJI4HII.)lI'AIJ :c :> < rrJ Z :> i$i .'. ___ L __. I I I SHEET I OF SCALE' NONE DRAFTEDI la4 c.IECKED. LMH/PJF JOB NUMBER 2URS200408 , " ;Z~6 RESOLUTION NO. (j 5.. .! .< 5 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBERS 0209-242-08 AND 0209- 251-11 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOllOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. Section 2, The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353, 40401, 40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240.010 through 1240,050, 1240.110, 1240.120,1240.410,1240.510,1240.610,1240.650, and other provisions of law. Section 3. The real property interests sought to be taken are a partial acquisition of a fee simple for roadway purposes on the property identified as land located at 8978 Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Numbers 0209-242-08 and 0209-251-11. The legal descriptions of the Subject Property Interests are attached as Exhibit "A-1" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit "B-1" to this Resolution. Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. Section 4. The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study for the Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the Proposed Project, the City Council, as the lead agency, found that with the mitigation ;zg-/ RESOLUTION NO. November 16, 2005 Page 2 Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004. Further, in accordance with Section 21152 ofthe Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination , which was posted by the County Clerk on September 14, 2004. i The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as vacant land, The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Proposed Project; B. The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 2~2. RESOLUTION NO. November 16, 2005 Page 3 C. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. Section 7. The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. Section 8. The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A-1" attached hereto. Section 9, This Resolution shall take effect upon adoption. Section 1 O. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005. William J, Alexander, Mayor City of Rancho Cucamonga, California ATTEST: (SEAL) Debra Adams City Clerk :zg3 RESOLUTION NO. November 16, 2005 Page 4 APPROVED AS TO FORM: James L. Markman City Attorney Jack Lam City Manager 2~tf PSOMAS EXHIBIT 'A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 S (APN 209-251-11) 6 THAT PORTION OF LOT 2 OF TRACT MAP 2203, IN THE CITY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, 8 FILED IN BOOK 34, PAGE 65, RECORDS OF SAID COUNTY, MORE 9 PARTICULARLY DESCRmED AS FOLLOWS: 10 II COMMENCING AT THE MOST NORTHERLY CENTERLINE INTERSECTION OF 12 ACACIA STREET (54 FEET WIDE) AND HA VEN AVENUE (134 FEET WIDE) AS 13 SHOWN ON PARCEL MAP NO. 9318 FILED IN BOOK 103, PAGES 56 AND 57 OF 14 PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG IS THE CENTERLINE OF HAYEN A VENUE NORTH 0030'23" WEST 50.63 FEET; 16 THENCE LEAVING SAID CENTERLINE OF HAVEN AVENUE 17 NORTH 89056' 59" WEST 33.00 FEET TO THE WEST RIGHT OF WAY LINE OF 18 SAID HAVEN AVENUE AND THE TRUE POINT OF BEGINNING; THENCE 19 SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE SOUTH 0030'23" EAST 20 60.00 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 423.00 FEET 21 MEASURED AT RIGHT ANGLES FROM THE NORTH UNE OF SAID LOT 2; 22 THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 89056'59" WEST 23 105.68 FEET; THENCE NORTH 0031'34" WEST 60.00 FEET TO A LINE'DRA WN 24 PARALLEL WITH AND DISTANT 363.00 FEET MEASURED AT RlGHT ANGLES 2S FROM THE NORTH LINE OF SAID LOT 2; THENCE EASTERLY ALONG LAST 26 SAID PARALLEL LINE SOUTH 89056'59" EAST 105.70 FEET TO SAID mUE 27 POINT OF BEGINNING. 28 29 CONTAINING 0.146 ACRES MORE OR LESS. 30 31 SEE EXHmIT 'B' ATTACHED HERETO AND MADE A PART HEREOF m:\2I1n1!00408\$urwey\lepls\legals\apn-2Cg_2S 1-II_n:v09220S doc Sep'ember 22, 200S Lcrn:lCM Sheet 1 of 2 2tJ,S PSOMAS THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 2 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 3 ACT OF THE STATE OF CALIFORNIA. 4 5 6 PREPARED UNDER THE DIRECTION OF 7 8 9 10 '. .> c=.PJ'. 22. ZCl::>5" DATE 111 ri~ II KARl J. LA N, PLS 5679 12 LICENSE EXPIRES 09/30/05 IJ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 m:Uun20040S"ul'Yey'IIcg315'IJcjJDls\Dpn.209_25I.11 rev0922D5_doc Scplcmber 22, 2.005 - u:m:LCM Sheet 2 of 1 2.~~ EXHIBIT II B II HUMBOLDT AVE 40 FOOT PIPELINE EASEMENT IN FAVOR OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED FEBRUARY 13, 1936 BOOK 1117, PAGE 3,31, Q,R, S89'56'59"E z '" '" ui "'''!. ",,,, .", o . q:e ... '" "!, 105,70' TPOB -mr'\C-r NO. 2203 ... q BOOJ< ~j. PAGE 85 LO-r 2 1Il o ",. 0'" .0 0- 0'" -"!, ,.; '" q KVL ( APN NO. 209-2SI-11 ) 10568' 20TH 5T Ol q N89'56'S9"W '" '"! PARCEL 2 PJIJJB -J03/56~51 DESCRIPTION. A PORT ION OF LOT 2 OF TRACT MAP 2203. IN THE CITY OF RANCHO CUCAMONCA, COUNTY OF SA" BERNARDINO. STATE or CALIFORNIA. PSOMAS =.~~cm. tn.l ~~7.)"~ (714) s.l5-1W "AI) z o '" . 0'" . 0 Ol . ",'" -'" i _____. ACACIA ST POC :r: }> < r'1 Z )> < r'1 SHEET I OF I SCALE I NONE DRAFTED. LDI CI~ECKEDI U,ftt.tPJF J08 NUWlER 2URSZOO408 '" '"! '" '! 2~1 RESOLUTION NO. 0 5- 5 t./P A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-251-14 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. Section 2, The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350,37350.5,37351,37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240.010 through 1240,050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests sought to be taken are a partial temporary construction easement for roadway purposes on the property identified as 9060 Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-251-14. The legal descriptions of the Subject Property Interests are attached as Exhibit "A-1" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit "B-1" to this Resolution. Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. Section 4. The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study for the Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or 2~tg RESOLUTION NO. November 16, 2005 Page 2 reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004. Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as land improved with concrete and trees which are part of an Industrial Facility. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Section 6, The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Proposed Project; B. The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 28''1 RESOLUTION NO. November 16, 2005 Page 3 C, The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. Section 7. The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. Section 8. The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A-1" attached hereto. Section 9. This Resolution shall take effect upon adoption. Section 1 0, The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005. ATTEST: William J. Alexander, Mayor City of Rancho Cucamonga, California Debra Adams (SEAL) ~ 'tfJ RESOLUTION NO. November 16, 2005 Page 4 City Clerk APPROVED AS TO FORM: James L. Markman City Attorney Jack Lam City Manager 2. ell PSOMAS EXHIBIT' A' 2 LEGAL DESCIUPTION 3 TEMPORARY CONSTRUCTION EASEMENT 4 5 (APN 209-251-14) 6 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 9318, IN THE CITY OF 7 RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF 8 CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 103, PAGES 56 AND 57 9 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY 10 DESCRffiED AS FOLLOWS: II 12 COMMENCING AT THE MOST NORTHERLY CENTERLINE INTERSECTION OF IJ HAVEN AVENUE (134 FEET WIDE) AND ACACIA STREET (54 FEET WIDE) AS 14 SHOWN ON SAID PARCEL MAP; THENCE SOUTIIERL Y ALONG THE IS CENTERLINE OF HAVEN AVENUE SOUTH 0030'23" EAST 222.85 FEET; 16 THENCE LEA VrNG SAID CENTERLINE NORTH 89029'37" WEST 33.00 FEET TO 17 A POINT ON THE WEST RIGHT OF WAY LINE OF SAID HAVEN A VENUE AND 18 THE TRUE POINT OF BEGINNING: THENCE NORTHERLY ALONG SAID 19 WEST RIGHT OF WAY LINE NORTH 0030'23" WEST 163.08 FEET TO THE 20 BEGINNING OF A CURVE CONCA VE SOUTHWESTERLY HAVING A RADIUS 21 OF 24.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 22 37.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89026'50" 2J TO A POINT OF TANGENCY ON THE SOUTH RIGHT OF WAY LINE OF ACACIA 24 STREET (27 FEET WIDE); THENCE WESTERLY ALONG SAID SOUTH RIGHT OF 25 WAY LINE NORIH 890STI3"WEST8L93FEET; THENCE LEAVING SAID 26 SOUTH RIGHT OF WAY LINE SOUTH 290S2'05" EAST 215.56 FEET TO SAID 27 TRUE POINT OF BEGINNING, 28 29 CONI AINING 0-224 ACRES MORE OR LESS. 30 31 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF m:\1uIll2004()S\survey\lcgab\ll:fl:lJls\olpn~209_2SI.14 ftlv09220S doc: Sl:plcmber:ZZ. ;ZOOS L:m:LCM Sheet 1 of 2 ;2.t;2., PSOMAS 2 3 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 4 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDMSION MAP S ACT OF THE STATE OF CALIFORNIA. 6 7 PREPARED UNDER THE DIRECTION OF 8 9 10 II 17 18 19 20 21 22 23 24 2S 26 , 27 28 29 30 31 , S 87/ 'J? 2ex::>S DATE m:\2ws1D0408\survey\l~als\lc~ls\opn_20g_:!SI_14 rcy09nos doc Scpl.C:mber 22, 2005 L:m:LCM 12 13 14 IS 16 KARl J. LAUN N, PLS 5679 LICENSE EXP 09/30105 Sheet 2 of 2 :J..dfj,3 EXHIBIT liB II ACACIA 5T ... ~ POC ACACIA 5T ... ~ ... ~ N89'57'IJ"W 81.93" PAflCEL 2 VI o I~ '" . '" SKW-M8T OPERA nONS INC z o U ( APN NO. 209-251- 14) 0 ,.; '" . :E J}" 101' 134' PARCEL J\lJAP NO. WJ8 PJIjLa -103 / 66 &f.l7 0> ... :J: '" I~ )> (:, ~ "! "! Z )> < rrJ TPOB N89'29'J7"W 33 DO' DESCRIPTION. , PORTION OF PARCEL 2. OF PARCEL ~p 9318, IN THE CITY OF RANCHO CUCAMDNCA. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. SHEET 1 OF PSOMAS =I'::r:l~=- (714)JS1aJm (n4)545-lIlIIJV.u) SCALE. NONE CRAFTED_ lOot CHECKED_ .JOB MJ~BER LMH/PJF' 2URS200408 .).'f~ RESOLUTION NO. b 5 cs ~ j. ? A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131-02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOllOWS: Section 1. The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240,010 through 1240.050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240,650, and other provisions of law. Section 3. The real property interests sought to be taken are a partial acquisition of fee simple and a temporary construction easement for roadway purposes on the property identified as 8812 Haven Avenue, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-131-02. The legal descriptions of the Subject Property Interests are attached as Exhibits "A-1" and "A-2" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibits "B-1" and "B-2" to this Resolution. Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. Section 4. The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference, The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study for the Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the .215 RESOLUTION NO. November 16, 2005 Page 2 Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004. Further, in accordance with Section 21152 ofthe Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes. City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as a vacant land on an industrial facility. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Proposed Project; 8, The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; :2.1 , RESOLUTION NO. November 16, 2005 Page 3 C. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510; and E. The offer required by Section 7267.2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. Section 7. The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. Section 8. The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibits "A-1" and "A-2" attached hereto. Section 9. This Resolution shall take effect upon adoption. Section 1 O. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005. ATTEST: William J. Alexander, Mayor City of Rancho Cucamonga, California (SEAL) Debra Adams City Clerk :L'11 RESOLUTION NO. November 16, 2005 Page 4 APPROVED AS TO FORM: Jack Lam City Manager James L. Markman City Attorney ~'1tt PSOMAS EXHmIT 'A' 2 LEGAL DESCRIPTION ] FOR PUBLIC STREET PURPOSES 4 5 (APN 209-131-02) 6 THAT PORTION OF LOT J OF TRACT MAP 2203, IN THE CITY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 8 FILED IN BOOK 34, PAGE 65, RECORDS OF SAID COUNTY, MORE 9 PARTICULARLY DESCRIBED AS FOLLOWS: JO II COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE 12 (CURRENTLY 134 FEET WIDE) AND 26'" STREET (60 FEET WIDE); THENCE J] SOUTHERLY ALONG THE CENTERLINE OF HAYEN AVENUE 14 SOUTH 0028'10" EAST 267.D3 FEET; THENCE LEAVING SAID CENTERLINE IS NORTH 89031 '50" WEST ]3.00 FEET TO A POINT ON THE WEST RIGHT OF 16 WAY LINE OF SAID HA VEN AVENUE AND THE TRUE POINT OF 17 BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY LINE 18 SOUTH 0028'10" EAST 579.13 FEET TO THE NORTH RIGHT OF WAY LINE OF 19 HUMBOLDT AVENUE (280 FEET WIDE) AS SHOWN ON SAID TRACT MAP 20 2203; THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE 21 NORTH 89056'39" WEST 34.30 FEET TO A LINE DRAWN PARALLEL WITH AND 22 DISTANT 34.30 FEET MEASURED AT RIGHT ANGLES FROM SAID WEST 23 RIGHT OF WAY LINE; THENCE NORTHERLY ALONG SAID PARALLEL LINE 24 NORTH 0028'10" WEST 308.60 FEET; THENCE NORTH 6045'53" EAST 25 272.38 FEET TO'SAID TRUE POINT OF BEGINNING, 26 27 CONTAINING 0.350 ACRES MORE OR LESS. 28 29 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF 30 m:\2urs200408\sul"VCy\lca.uls\l~al,\D"n_20Sl.I) 1..02 rcvCt92205 doc Seplcmbc:r n. 2005 - u:m:LCM Sheet 1 Of2 :;99 PSOMAS THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 2 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 3 ACT OF THE STATE OF CALIFORNIA. 4 5 PREPARED UNDER THE DIRECTION OF 6 7 8 9 10 KARlJ. LA EN,PLS 5679 II LICENSE EXPIRES 09/30/05 S~'T'. <2:2..:7 rn.5 DATE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 m:\2u.rsl0D408\swvey\lCll4ls\Jcga.Is'l4pn_209_1) J -02 Je\'091105 ,doc September 22, :Z005 Lcm:LCM Sheet 2 of 2 .30D EXHIBIT II B.I 26TH ST '" ~ POC HOFER PROPERTIES LLC I I I I I , I I h VI o N ell ~ ,..; Lo-r -J .... z UJ ::; W V> <( w 2 o ,;::: 'u '::> I", '.... 'v> 12 'a IU >- a:: <( '" o a. ::; w .... 2 ell '" '" "'~- "'01 '0 0, o_:!!: 01 '" '" '" (;,PH NO. 209.1,31.02 TPOB BOOl< 34 a:J '" c\i " '" v> o N ell ... ~ ,..; I )> < f'TI Z )> < f'TI POFrfJON Of -rm\c-r J'yJAP 2203 PAGE 65 Cl W VI o a. o '" a. 134' _41 101' ;" 33' .U") U") ~ 01 co ..... <: ~ - N ~, - 2 Z Q 0 I ! .... ;::: UIU ww v> VI SHEET I OF 2 SCALEI NONE DRAF TED. LeM p S 0 M A S CHF:eHO. LMHI'PJf ~r.~,.~1m. JOB 2URS20040B (7141751.1.113 tn4)5ol5-WJcrAlI NUMBeR 1___.., I , , DESCRIPTION. A PORTION OF LOT I OF TRACT MAP 2203. IN THE cr TV OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE Of CALIFORNIA .31>/ EXH~BIT DB II I \ 1 I .' N6'4S'S.3"E 27238' , I I I ;_1 I )> , I < HOFER PROPERTIES LLC I (/) ~~ 0 fTl ( APN NO. ZOg-lll- 02 ) r-3 Z ~ O_ J> I Z Z ,.,; : >la.J 0 < ,0::::> oJ fTl ,<cW ~ PORTJON OF '0::'" '0 <C 0 laW , ,:::;;z :::E 134' , LO-r -J ~Q ~ au 33' lor THACT J\lJJ.\P 2203 w:::> "'0:: a~ Q.'" az 34.30' BOO}{ OL~ Ira Q.u PAGE 66 r-------- 1 I I I I , I I u o ~ m a. (J> .... !" ~ - N - - u_ z,z o 0 t= t= U U W W (/) V1 .. o. HUMBOL T AVE N89'S6',39"W 34,.30' .. o. DESCRIPTION. A PORTION Of LOT I OF TRil.CT lM,p 22'0). 1M THE CITy OF RANCHO tUCAUONCA. COUNTY Of SAN BERNARDINO. STATE OF CAl.IFORNIA. SHEET 2 OF 2 SCALE. NONE DRAFTED_ ley p S 0 M A S CHECKEO. lMH/PJF JUll ilK HI A-. ~ CtM 1Iua, (..... JOB 2URS200408 (71tJl~l~lm (lI.)$olS-III.)IFAI) HUYSER ~DZ PSOMAS EXHIBIT 'A'-I 2 LEGAL DESCRIPTION 3 TEMPORARY CONSTRUCTION EASEMENT 4 S (APN 209-131-02) 6 THAT PORTION OF LOT I OF TRACT MAP 2203, IN THE CITY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 8 FILED IN BOOK 34, PAGE 65, RECORDS OF SAID COUNTY, MORE 9 PARTICULARLY DESCRIBED AS FOLLOWS: 10 II COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN A VENUE 12 (134 FEET WIDE) AND JERSEY BOULEVARD (80 FEET WIDE) AS SHOWN ON IJ PARCEL MAP 4256 PER MAP FILED IN BOOK 38 PAGES 64 AND 65 OF PARCEL 14 MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG , I S THE CENTERLINE OF HA YEN AVENUE SOUTH 0028' 10" EAST 144.46 FEET; 16 THENCE LEAVING SAID CENTERLINE NORTH 89056' 39" WEST 33.00 FEET TO 17 A POINT ON THE WEST RIGHT OF WAY LINE OF SAID HAVEN AVENUE AND 18 THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WEST RIGHT OF 19 WAY LINE NORTH 89056'39" WEST I 16.00 FEET TOA LINE DRAWN 20 PARALLEL WITH AND DISTANT 116.00 FEET MEASURED AT RIGHT ANGLES 21 FROM SAID WEST RIGHT OF WAY LINE; THENCE SOUTHERLY ALONG SAID 22 PARALLEL LINE SOUTH 0028'] 0" EAST 34 \.67 FEET; THENCE 23 NORTH 89019'10" EAST 19.64 FEET; THENCE SOUTH 0041'05" EAST 69.46 FEET; 24 THENCE SOUTH 89026'21"WEST 9.60 FEET TO A LINE DRAWN PARALLEL 2S WITH AND DISTANT 105.70 FEET MEASURED AT RIGHT ANGLES FROM THE 26 WEST RIGHT OF WAY LINE OF HAVEN AVENUE; THENCE ALONG LAST SAID 27 PARALLEL LINE SOUTH 0028'10" EAST 180.69 FEET; THENCE LEAVING LAST 28 SAID PARALLEL LINE NORTH 89056'59" WEST 45.00 FEET TO A LINE DRAWN 29 PARALLEL WITH AND DISTANT 150.70 FEET MEASURED AT RIGHT ANGLES 30 FROM THE WEST RIGHT OF WAY LINE OF HAYEN AVENUE; THENCE ALONG J 1 LAST SAID PARALLEL LINE SOUTH 0028'10" EAST 11 0.33 FEET TO THE m:\2u~00401l'&urve)'\rc:;nlsIJc:pb\apn-109.IJ I-02-lcc re\t09220S.dac Scplmlbcr 22. 2003 - '=',LCM Sheet 1 of 2 3IJ3 PSOMAS NORTH LINE OF HUMBOLDT AVENUE (280 FEET WIDE) AS SHOWN ON SAID 2 TRACT MAP 2203; THENCE ALONG SAID NORTH LINE SOUTH 89056'39" EAST 3 116.40 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 34.30 FEET 4 MEASURED AT lUGHT ANGLES FROM SAID WEST lUGHT OF WAY LINE; 5 THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE 6 NORTH 0028' ] 0" EAST 308.60 FEET; THENCE LEAVING LAST SAID PARALLEL 7 LINE NORTH 6045'53" EAST 272.38 FEET TO SAID WEST RIGHT OF WAY LINE;' 8 THENCE NORTHERLY ALONG SAID WEST lUGHT OF WAY LINE 9 NORTH 0028'10" WEST 122.87 FEET TO SAID TRuE POINT OF BEGINNING. 10 11 CONTAINING 1.534 ACRES MORE OR LESS. 12 13 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF 14 15 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 16 ANDIOR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 17 ACT OF THE STATE OF CALIFORNIA. 18 19 PREPARED UNDER TIlE DIRECTION OF 20 21 22 23 24 25 26 27 28 29 30 31 \Lp.. KARl J. LAUN N, PLS 5679 LICENSE EXPIRES 09/30/05 s.~\. 2-2....2...00..:;- DATE m:\1unJ00408\suTvcy\lcpls\lccnls\apn_209_13 1..02Acc _rev09"J-205 doc September 22, 2005 u,m,LCM Sheet 2 of 2 .:J" 'I I EXHIBIT uB"1_1 POC JERSEY HALSTEAD FAMILY PARTNERSHIP BLVD .. 0. ( APN NO. 209-1)1' 02 ) SO'2B'10"E 14446' TPOB NB9"S6'J9"W 11600' "'z "'''' '>D 8... 'en z '" _0 >D. "'''' s! "'01 HOFER PROPERTIES LLC CD ...: '!O. 116.00' :e (.,. HO. 201-111- 0' ) POFfIJON OF III 0 N LO-r -J ~ 0 , ,.., -r FL-'\Cn wL-'\P 2208 :r: )> aOOK 34 ~ a, z PA<::lE 00 .., ~ )> '" ~ .... :!: '" 1J4' "! ,OJ ,3.}' 101' .., .'" '" .... '" Z SO'41'0S"E 6946' I EE SHEET 2 OF 2 SHEET I OF 2 SCALE I NONE DRAFTED. Lew p S 0 M A S CHECKEDI UlH/PJF =.~.:a~~ r~6 JO' 2URS200<lOB (11&) 711-7.311 (1l41)U-1lW (rAX) NUMBER DESCRIPTION' A. TEMPORARY CONSTAUCTION EASEUENT FOR . PORTION O~ LOT I OF TRACT MAP 2203. IN THE CITY or RANCHO CUCAMQNCA, COUNTY OF SAN BERNARDINO. SUTE OF CALIFORNIA. ~bS EXHIBIT SEE SHEET 1 OF 2 VARIES 50'41'05"[ 6946' S89'?6'21"W 960 HOFER PROPERTIES LLC [ "PH NO. 20'.111- or ] III o oJ "'. o , ,., POffflON OF LO-f"] -rFiAOT j\j]AP 2203 BOOK ~J PAGE 65 '" o '" "', N89'56'S9"W 4500' III 0- "";0 ai' .", -", o , , ,., 150,70' II B "-I N6'4S'S3"[ 272. 38' z o oJ ~ 0, .. IOS.70' 33' 34.30' .... o '" '" q - ... 0, 589'56' 39"[ 116 40' '" - '" ... o. q HUMBOL T AVE DESCRIPTION. A lEMPORAR'l' CONSTRUCT ION EASEMENT fOR " PORT ION OF LOT I Of TRACT YAP 22'03. IN THE CITY OF RANCHO CUCAMONCA. COUNTY OF SAN BERNARQlNO. SUn OF CALIFORNIA. 134' lOr ::r: )> r;; Z )> r;; SHE ET Z OF 2 S.CAlE. NONE DRAfTED_ LOl P S 0 M A S CHECKED. UIH/PJF' JIIJII..H.A-....rz= c.llI~tcQ... 1121 Joe 2URS2004D8 (1141 151-1J1.) (114)~!I-IW(rAl) NlAI8ER ;5 () (;, RESOLUTION NO, () S-.!:. 8 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131-01 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1, The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California, Section 2, The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350,37350,5,37351,37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230,010, et seq" including, but not limited to sections 1240,010 through 1240,050,1240,110,1240.120,1240.410,1240,510, 1240,610, 1240,650, and other provisions of law, Section 3, The real property interests sought to be taken are a partial acquisition of fee simple and a temporary construction easement for roadway purposes on the property identified as 1 0451 26t~ Street, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-131-01, The legal descriptions of the Subject Property Interests are attached as Exhibits "A-1" and "A-2" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibits "B-1" and "B-2" to this Resolution, Said Exhibits are incorporated herein by this reference, The Subject Property Interests are required for the Haven Grade Separation Project. Section 4, The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference, The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study forthe Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the ~t> 1 RESOLUTION NO, November 16, 2005 Page 2 Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings. The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004, Further, in accordance with Section 21152 ofthe Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004, The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho , Cucamonga and are incorporated in this report by this reference, City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes, City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review, Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5, The real property interests sought to be acquired are currently being used as vacant land on an industrial facility. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240.510. Section 6, The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Proposed Project; B, The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; .BDg RESOLUTION NO. November 16, 2005 Page 3 C. The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D, The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510; and E. The offer required by Section 7267,2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2. Section 7, The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and . documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference. ' Section 8, The City Council of the City of Rancho Cucamonga authorizes and directs, the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibits "A-1" and "A-2" attached hereto, Section 9, This Resolution shall take effect upon adoption, Section 1 0, The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005, William J, Alexander, Mayor City of Rancho Cucamonga, California ATTEST: (SEAL) Debra Adams City Clerk .3 tYI RESOLUTION NO, November 16, 2005 Page 4 APPROVED AS TO FORM: James L. Markman City Attorney Jack Lam City Manager $/D PSOMAS EXHIBIT 'A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 5 (APN 209-131-01) 6 THAT PORTION OF LOT 1 OF TRACT MAP 2203, IN THE ClTY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 8 FILED IN BOOK 34, PAGE 65, RECORDS OF SAID COUNTY, MqRE 9 PARTICULARLY DESCRIDED AS FOLLOWS; 10 II COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE 12 (CURRENTLY 134 FEET WIDE) AND 26TH STREET (60 FEET WIDE); THENCE 13 SOUTHERLY ALONG THE CENTERLINE OF HAYEN A VENUE 14 SOUTH 0028' 10" EAST 2 I 5. 7S FEET; THENCE LEAVING SAID CENTERLINE 15 NORTH 89031 '50" WEST 33.00 FEET TO A POINT ON THE WEST RIGHT OF 16 WAY LINE OF SAID HAYEN AVENUE AND THE TRUE POINT OF 17 BEGINNING: THENCE LEAVING SAID WEST RIGHT OF WAY LINE 18 SOUTH 47029'01" WEST 23.]8 FEET; THENCE NORTH 890S6'55" WEST 19 98,79 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 1]6.00 FEET 20 MEASURED AT RIGHT ANGLES FROM SA]D WEST RIGHT OF WAY LINE; 21 THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0028' I 0" EAST 22 177.45 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 702.00 FEET 23 MEASURED AT RIGHT ANGLES FROM THE NORTH RIGHT OF WAY LINE OF 24 HUMBOLDT AVENUE (280 FEET WIDE) AS SHOWN ON TRACT MAP 2203; 25 THENCE EASTERLY ALONG SAID PARALLEL UNE SOUTH 89056'39" EAST 26 ] 16.00 FEET TO SAID WEST RIGHT OF WAY LINE OF HA VEN AVENUE; 27 THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE NORTH 28 0028'10"WEST 193.]4 FEET TO SAID TRUE POINT OF BEGINNING. 29 30 CONTAINING 0.476 ACRES MORE OR LESS. 31 m:Uu.rs200408\sW"Vcy\lcg:lIs\Jepls\l1pn.209.131...(] l_rev091205 doc Seplcmbcr 22, 200S u-m:LCM Sheet 1 of 2 ~// SEE EXHIBIT 'B' AITACHED HERETO AND MADE A PART HEREOF 2 3 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DNISION 4 AND/OR CONVEYANCE OF LAND IN VIOLA nON OF THE SUBDNISION MAP 5 ACT OF THE STATE OF CALIFORNIA. 6 7 PREPARED UNDER THE DIRECTION OF 8 9 KARl J. LA N, PLS 5679 LICENSE EXPIRES 09/30/05 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -~ S~. 22-.7 oa~ DATE m:\111B200408\wrwy\lc;ab\Jcpls'apn--209_13I.o1 fC\1)92205 doe September 22., 2005 - Lc:m:LCM Sheet 2 of 2 .g/l EXHIBIT ..B.. 26TH STREET 111I q '" "! 0 . ,., ::r: I~ )> u< < :... f'TI "! Z )> r;; HALSTEAD FAMILY PARTNERSHIP ( APN NO. 209~131. 01 ) POffrJON OF w-r -J -rFlJ.\c-r MAP 2203 BOOK 34 PAGE 85 III o oJ 10 FOOT PUBLIC UTIUTY ~ A 0 GENERAl. TELEPHONE COMPANY . OF CALIFORNIA RECORDED M JANUARY \7. 19151, IN BOOK 5238. PACE 420. 0 R 116' z o oJ ~ o :i JERSEY BLVD - '" q '" 0._ '" q I 1- ". .... :-" '" "! '" ~ "'. ... . -- '. - - - - --- 116.00' 589'56'.39"[ 134' .... o "'. JJ' 101' HUMBOLT AVE o~ DESCRIPTION_ A PORTION or Lor 2 or TRACT MAP 2203. IN THE CITY or RANCHO CUCA~ONCA. (OUNTy Of SAN BERNARDINO. STAlE or CALIFORNIA. SHEET I OF SCALEt NONE PSOMA IIPA"Ul_.I2SQ 110 Wall. Ccib-";G t2126 1I411~1-1)lJ (m) S4~-eea) (r.ul DRAFTED. S CHECKED. JOB NI..IA8(R LOU LLOl/P.IF 2UR5200408 .;/.3 PSOMAS EXHlBIT'A'-1 2 LEGAL DESCRIPTION 3 TEMPORARY CONSTRUcnON EASEMENT 4 5 (APN 209-131-01) 6 THAT PORTION OF LOT I OF TRACT MAP 2203, IN THE CITY OF RANCHO 7 CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 8 FILED IN BOOK 34, PAGE 65, RECORDS OF SAID COUNTY, MORE 9 PARTICULARLY DESCRIBED AS FOLLOWS: 10 II COMMENCING AT THE CENTERLINE INTERSECTION OF HAVEN AVENUE 12 (CURRENTLY 134 FEET WIDE) AND 26T1l STREET (60 FEET WIDE); THENCE 13 WESTERLY ALONG THE CENTERLINE OF 26m STREET NORm 89058'29" WEST 14 76.26 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 0001 '31" EAST 1 5 30,00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID 26m STREET AND 16 THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID SOUTH RIGHT 17 OF WAY LINE soum 34056'30" EAST 40.74 FEET; THENCE 18 soum 29019'04" WEST 192.33 FEET; mENCE SOUTH 89056'55" EAST 19 98.79 FEET; mENCE NORTH 47029'01" EAST 23,18 FEET TO THE WEST RIGHT 20 OF WAY LINE OF SAID HAVEN AVENUE; THENCE NORTHERLY ALONG SAID 21 WEST RIGHT OF WAY LINE NORm 0028'10" WEST 165.67 FEET TO THE 22 BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS 23 OF 20.00 FEET; THENCE NORTHERLY, NORlliWESTERL Y, AND WESTERLY 24 31.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89030'18" lS TO A POINT OF T~NGENCY TO SAID SOUTH RIGHT OF WAY LINE OF 26m 26 STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE 27 NORm 89058'29" WEST 23.69 FE.ET TO SAID TRUE POINT OF BEGINNING. 28 29 CONTAINING 0.282 ACRES MORE OR LESS. 30 JI SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF m:\2urs2004D8\surYC)'\JCK<lls\lcPJRpn.209_131-al.~ n:v092205 doc Seplember 22. 2DOS - Lcm:LCM Sheet I of 2 J/'/ 19 20 21 22 23 24 lS 26 27 28 29 30 PS OMAS 2 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 3 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 4 ACT OF THE STATE OF CALIFORNIA, S 6 PREPARED UNDER THE DIRECTION OF 7 8 9 10 II 12 13 14 IS 16 17 ~ KARl J. LA LICENSE DATE <,>,2..0'1, '2. 'Z ,,'2J-v, ~ EN, PLS 5679 IRES 09/30/05 18 m:UWS2004081.survC:Y\/c;:I!s\lc(:Dls\apn_209_13I..o I ~c rcv09220S doc Scplcmhcr :1:2. 200S - Lcm,LcM Sheet 2 of 2 ~/.s EXHIBIT UBU_I ~ N89'58'29"W 76.26' '" o. SO'01'31"E 3000' TP08 R=20 00' L=31 24' ~=89'30'18. 26TH STREET S34'56'30"E 4074' HALSTEAD FAMILY PARTNERSHIP ( 'PN NO. Z09-131- 01 ) 3:. , .... ~"! I - on re", b- z ~ <C Z ~ <C ::r: POFrnON OF LOT-J TMO-r MAP 2203 BOOK 84 PAGE 85 98.79' S89'56'55"E I N47'29'Ol"E 2318' ---____1____. __. ...___ ------l~-- -- JERSEY BLVD '" q '" q 10 rOOT PUBlIC UnUTY M IN AVO CENERAL TELEPHONE COMPANY OF CAlIFORNIA RECORDED JANUARY 17. 1961. IN BOOK 5Z38, PACE 4Z0. 0 R '" q 134' 33' I' DESCRIPTION. A TEMPORARY CONstRUCTION EASEMENT rOR A PORTION Of LOT I Of TRACT MAP 2203. IN THE CITV OF RANCHO CUCAMONGA. COUNTy OF SAN 8ERNARDlNO. STATE or CALIFORNIA. SHEET I OF seA!.E. HONE DRAFTED. La.o p S 0 M A S ClfECKED_ LUlUPJF' 3al7RIldMlA.w.= taslo",-,CaIitnli 2IU JOB 2URS2004Q8 171')1S1"7J7J(114)~(F'AI) NUMBER J/~ RESOLUTION NO, () 5.. J.:l. 9 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242-07 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1, The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California, Section 2, The real property interests described in Section 3 of this Resolution . are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed" Project"), and all uses necessary or convenient thereto pursuant to the authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350,5, 37351,37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230,010, et seq,. including, but not limited to sections 1240,010 through 1240,050, 1240,110, 1240,120, 1240.410, 1240,510, 1240,610, 1240,650, and other provisions of law. Section 3, The real property interests sought to be taken is a fee simple acquisition for roadway purposes of the property identified as land improved with a single family residence located at 10489 8tH Street, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-242-07, The legal descriptions of the Subject Property Interests are attached as Exhibit "A-1" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit "B-1" to this Resolution, Said Exhibits are incorporated herein by this reference, The Subject Property Interests are required for the Haven Grade Separation Project. Section 4. The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference. .The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study for the Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the Proposed $/1 RESOLUTION NO, November 16, 2005 Page 2 Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings, The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations, On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004, Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004, The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga . and are incorporated in this report by this reference, City Staff, in connection with the proposed Resolutions of Necessity, has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes, City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review. Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as a single-family residence, The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510, Section 6, The City Council of the City of Rancho Cucamonga hereby finds and determines that: A, The public interest and necessity require the Proposed Project; B. The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3(8 RESOLUTION NO. November 16, 2005 Page 3 C, The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; D, The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510; and E, The offer required by Section 7267,2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267.2, Section 7, The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and . documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference, Section 8, The City Council of the City of Rancho Cutamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A-1" attached hereto, Section 9, This Resolution shall take effect upon adoption, Section 1 0, The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005, ATTEST: William J, Alexander, Mayor City of Rancho Cucamonga, California Debra Adams City Clerk (SEAL) 3/'/ RESOLUTION NO, November 16, 2005 Page 4 APPROVED AS TO FORM: James L. Markman City Attorney Jack Lam City Manager $2D PS OMAS EXHmIT 'A' 2 LEGAL DESCRIPTION 3 FOR PtmLIC STREET PURPOSES 4 S (APN 209-242-07) 6 LOT I OF BLOCK 65 OF THE NORTH CUCAMONGA TRACT, IN THE CITY OF 7 RANCHO CUCAMONGA, COUNTY OF SAN BERNARDlNO, STATE OF 8 CALIFORNIA, FILED IN BOOK 4, PAGE 8, IN THE OFFICE OF THE COUNTY 9 RECORDER OF SAID COUNTY. 10 II THE ABOVE DESCRIBED LOT CONT AlNS 0,192 ACRES MORE OR LESS. 12 13 SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF 14 . IS THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION 16 AND/OR CONVEYANCE OF LAND IN VIOLA nON OF THE SUBDIVISION MAP 17 ACT OF THE STATE OF CALIFORNIA. 18 19 PREPARED UNDER THE DIRECTION OF 20 21 22 23 24 KARl J. LA EN, PLS 5679 2S LICENSE EXPIRES 09/30/05 26 27 28 29 30 31 J2 s.et/" '2..2:.9 1''''ClS; DATE m:'\2ursJ00408\survcy\lC.lllIlslJe~I$\Apn_109.242-o7 Jcv09220S doc Sqncmbcr 22. 2005 Lcm:LCM Sheet I of 1 ~2.1 EXHIBIT aB"" HUMBOLT AVE. '" q '" '" 0. '" q N89'56'59"W 55.70' :J: z )> III CORRAL MANUEL 0 ~ 0. '" '" ( APN NO. ) 0 '" 209-242- 07 .; Z Z <fi '" 0 .... :i '" )> . 0 BLOCJ( 65 ,., ..; ~ '" . Lo-r 1 .. NOFrrH CUCAMONGA TFl.AC-r 33' 101' BOQJ( 4 PAGE a 134' u; u; LOla 0 0 0 0 q o. 5585' S89'S6.39"E III III '" "" n n ::! ::! ~ ~ :: ~ Lo-r ,4 Lo-r 2 DESCRIPTION. lOT I or BLOCK 65 OF' THE NORTH CUCAMQNCl TRACT, IN THE CITY or RANCHO CUCA~aNCA. COUNTY OF SAN BERNARDINO. STATE OF CALIfORNIA. SHEET I OF PSOMAS ="::a~mo. p")nl.J'11)(7J.)5~(1AlJ SCALt. NONE DRAf"TEO. LCY CHECKED, JOB NUMBER LIAH/PJF 2URszOOollJoa 312. RESOLUTION NO, () 5. ~5 t> A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242-06 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: Section 1, The City of Rancho Cucamonga is a municipal corporation in the County of San Bernardino, State of California, Section 2, The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for the Haven Grade Separation Project ("Proposed Project"), and all uses necessary or convenient thereto pursuant to the . authority conferred upon the City of Rancho Cucamonga to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350,5, 37351,37353,40401,40404, and 54031 and California Code of Civil Procedure section 1230.010, et seq., including, but not limited to sections 1240,010 through 1240,050, 1240,110, 1240,120, 1240.410, 1240,510, 1240,610, 1240.650, and other provisions of law, Section 3. The real property interests sought to be taken is a fee simple acquisition for roadway purposes of the property identified as land improved with a single family residence located at 10483 811i Street, Rancho Cucamonga, California, also identified as Assessor's Parcel Number 0209-242-06. The legal descriptions of the Subject Property Interests are attached as Exhibit "A-1" to this Resolution and the Subject Property Interests are depicted on the diagrams attached as Exhibit "B-1" to this Resolution, Said Exhibits are incorporated herein by this reference. The Subject Property Interests are required for the Haven Grade Separation Project. Section 4. The acquisition of the Subject Property Interests is required to carry out and make effective the principal purpose of the Proposed Project. A general . description of the Proposed Project is set forth in the Staff Report dated November 16, 2005 and the evidence, reports, and documents cited in that Staff Report are all incorporated herein by this reference, The potential environmental impacts of the Proposed Project were studied and analyzed in connection with the Initial Site Assessment ("ISA") and Initial Study for the Haven Grade Separation Project. Pursuant to CEQA Guidelines Section 15074, in certifying the ISA for the Proposed Project, the City Council, as the lead agency, found that with the mitigation measures and all significant impacts identified in the ISA have been mitigated, avoided, or $2.5 RESOLUTION NO, November 16, 2005 Page 2 reduced to an acceptable level, except for one identified unavoidable impact described in the Statement of Facts of Findings, The unavoidable significant impact of the project as identified in the Statement of Facts of Findings is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations, On September 8, 2004, the City conducted a public hearing to certify the Environmental Assessment for the Proposed Project. The City executed a Mitigated Negative Declaration on September 8, 2004, Further, in accordance with Section 21152 of the Public Resources Code and CEQA Guidelines section 15075, the City prepared a Notice of Determination, which was posted by the County Clerk on September 14, 2004. The ISA together with its Exhibits, the Mitigated Negative Declaration and the Notice of Determination are on file in the Office of the City Clerk of the City of Rancho Cucamonga and are incorporated in this report by this reference. City Staff, in connection with the proposed Resolutions of Necessity, . has reviewed all of the environmental documentation prepared on the Proposed Project, including Certification of the Initial Site Assessment and the Notice of Determination and pursuant to the criteria of Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Codes, City Staff concluded that there have been no substantial changes in the Proposed Project or the circumstances surrounding the project, nor has the City obtained any new information of substantial importance that could have been known with reasonable diligence at the time that the negative declaration was adopted that would require further environmental review, Therefore, no further environmental documentation is necessary and there continues to be no substantial evidence that the Proposed Project or the proposed acquisitions of the Subject Property Interests will have any significant environmental impact. Section 5. The real property interests sought to be acquired are currently being used as a single family residence, The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510, Section 6, The City Council of the City of Rancho Cucamonga hereby finds and determines that: A. The public interest and necessity require the Proposed Project; B, The Proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C, The property interests hereinabove described are necessary to carry out and make effective the principal purpose of the Proposed Project; 3J.if RESOLUTION NO, November 16, 2005 Page 3 D. The Proposed Project will not unreasonably interfere with or impair the continuance of any existing public use or as the public use may reasonably be expected to exist in the future as allowed pursuant to Code of Civil Procedure Section 1240,510; and E. The offer required by Section 7267,2 of the Government Code has been made to the owners of record and/or due diligence has been exercised in order to comply with Section 7267,2, Section 7, The findings and declarations contained in this Resolution are based on the record before the City Council on November 16, 2005 when it adopted this Resolution, including the Staff Report dated November 16, 2005, all documents referenced and incorporated in the Staff Report, the testimony at the hearing, and the records and documents prepared in connection with the Proposed Project, all of which are incorporated in this Resolution by this reference, Section 8, The City Council of the City of Rancho Cucamonga authorizes and directs the City Attorney's office and Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the real property interests described in Exhibit "A-1" attached hereto, Section 9, This Resolution shall take effect upon adoption, Section 1 0, The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of this City, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _ day of November 2005, William J, Alexander, Mayor City of Rancho Cucamonga, California ATTEST: Debra Adams City Clerk (SEAL) 325 RESOLUTION NO, November 16, 2005 Page 4 APPROVED AS TO FORM: James L, Markman City Attorney Jack Lam City Manager .32.t, PSOMAS EXHIBIT 'A' 2 LEGAL DESCRIPTION 3 FOR PUBLIC STREET PURPOSES 4 S (APN 209-242-06) 6 LOT 3 OF BLOCK 65 OF THE NORTH CUCAMONGA TRACT, IN THE CITY OF 7 RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF 8 CALIFORNIA, FILED IN BOOK 4, PAGE 8, IN THE OFFICE OF THE COUNTY 9 RECORDER OF SAID COUNTY. 10 II THE ABOVE DESCRIBED LOT CONTAINS 0.172 ACRES MORE OR LESS. 12 13 SEE EXHffilT 'B' ATTACHED HERETO AND MADE A PART HEREOF 14 15 THIS LEGAL DESCRlPTION IS NOT INTENDED FOR USE IN THE DIVISION 16 AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP 17 ACT OF THE STATE OF CALIFORNIA. 18 19 PREPARED UNDER THE DIRECTION OF 20 21 2l 23 - ..- !;'.:.PI. -z. 'Z. . 2..oD.S. DATE 24 KARl], LAUN N, PLS 5679 25 UCENSE EXPI 09/30/05 26 27 32 28 29 30 31 m:\2W!i20040S\survey\lC:SQls\lcgaIS\apn--209_242~ rcv09220S doc Seplember ll. 200S - Lc:m:LCM Sheet I of 1 J~7 EXHIBIT DB" I ~ . -'- HUMBOL T AVE. '" 0, - . ~ '" - '" '" 0 ~ N89'S6'5~~ - c ___ 50,00' --------- I 1\ ~ ~ :r: I }:- III AMAOOR ARMANOO z < 0 0 fT1 oJ BLOCK 66 0> APN NO. 209~lU. ~6 ,,; Z ti '" .... ti )> . .... NOFrrH CUC,AtvJONGJ.\ ,., . .. r?i TMen LOT 3 LO-r 'J 8001< -4 PAGE a 33' 10,'A -v 134' . LO-r -5 - '" '" 0 0 I 0 0 0. 0. \ I lJl III ,., ,., n n :::I ~ ---- SOOO'~ ~ 0 z S89'S6'39"[ = - ... LOT ,4 LO-; 2 \ DESCRIPT ION. loot 1 Of' BLOCK 65 OF THE SHEET I OF I NORTH CUCAMONCA fRAtl. IN THE CITY OF RANCHO CUCAMONCA, COUNTY or SAN BERNARDINO. STATE or CALIFORNIA SCALE_ NONE DRArTED' lCM - P S 0 M A S CHECJC.E:D. lMH/PJF ~~-:::~c:. Joe I''') J>>-JJU In,} 56-UIJ VAl) ~lAIBtR ZUR5Z0D4QB .3.2~ " AIM ALL STORAGE Conditional Use Permit DRC2003-00850 Resolved Issues: I.Hours of operation - Close at 7:00 p.m. · Resident requested closing time at 7:00 p.m. · Aim All now closing at 7:00 p.m. with "one hour" grace period. 2. Glare from lights shining onto the two large white wall of the 2-story building. · Resident requested repainting darker color · Repainting completed by Aim All. 3. Gaps between walls at southeast comer · Residents requested closing gaps · Aim All has agreed to close the gap with solid wall when the new stepping wall is built (see item no. 4 below). C D\lClIlllcnts iJnd St'lllllgS'ICOllltl\1:' I oell SClllllgs,j ell1por~r) Il1lt'lI1('1 hle~ 01 K8FU ,\ It\] i\J I STOJL\Cil- doc: AIM ALL STORAGE Conditional Use Permit DRC2003-00850 4. Sloping block walls at the southeast comer · Residents requested a new stepping wall to hide the existing sloping wall. · Aim All obtained permits for both the as- built wall and the new stepping wall. Building & Safety has inspected the as-built wall and we are waiting for the starting of the construction of the new stepping wall. Outstanding Issues: 5. Freeway noise · Resident wanted sound wall matching the height of Caltrans wall (14-16 feet high) · Aim All declined 6. Security · Resident wanted perimeter wall raised and gaps closed · Aim All has installed 7' wrought iron gate at bottom of slope, but not at top of slope. C \[)nCtlllll'llb and Sl'!1II1g:S ICO\ll"lllc Loc<ll Stlllllgs Tempo!";.!!") II1kTI1Cl Filc~ OLKSFI1'i\I!\.1 AU, STUR;\C;r: dOL' AIM ALL STORAGE Conditional Use Permit DRC2003-00850 Outstanding Issues: 7. Lighting glare · Resident wanted lights turned off or shielded. · Aim All has tried various levels of lighting from no lighting to full lighting. At this time the lights are at a very minimum level in order to operate the security camera. 8. Glare from sunlight on white rooftops · Resident wanted roofs painted darker color. . Aim All declined 9. Noise of rain falling on metal rooftops · Resident wanted different roofing material · Aim All declined C:\DOo.:lInlClIlS ,1I1U Seltlllgs\lcollrlnc\Local SClllllgs,Tcmpnrary Inlernet Flle~,Ol I<:SF()' 1\1;'1"1 Al I S I OR,i\( ii- duc .. .." WI L.L.IAM G. BISSEL.L. ATTORNEY AT LAW 110 NE:WPORT CE:NTER DRIVE. SUITE: 200 NEWPORT BEACH, CALIFORNIA 92660 TE:LE:PHONE: (949) 719-1159 TE:LEFAX (949) 719-1156 November 14, 2005 k;&~'lf::li/; , " f1ff}fj L,' 'l:(j u'filt OF J '-'I @J}J ~HO~.Jl&.' ct.ii11r .,,~ The City of Rancho Cucamonga Planning Department Attn: Dan Coleman Acting City Planner 10550 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Re: Aim AU Storage 210 I CUP DRC2003-00850 Dear: Mr. Coleman: Aim All Storage 210 (Aim All), the owner under City of Rancho Cucamonga Conditional Use Permit DRC 2003-00850 has asked this office to respond to your November 3, 2005 letter to Aim All as well as address some of the comments contained in the letters of Gordon and Eileen Crowl and Steve and June Selos to you dated November 2nd and 6th 2005 respectively. In your letter you state "Throughout the City's discussions with Aim All, both yourself and Mike Tormey, we have stressed the importance of Aim All being a good neighbor. " It is the position of Aim All that from its earliest involvement in this project it has gone the extra mile in taking the reasonable and legitimate concerns of its neighbors into consideration beginning with the design of the facility , extending into the construction process and more recently, the operation. Consistent with its ongoing efforts to be a good neighbor Aim All continues to take the concerns of the residents in the vicinity of its facility to heart. This is evidenced not only by Aim All operating a clean, attractive, well maintained, well managed and safe self storage facility, but also by Aim All going substantially beyond the requirements of its conditional use permit and at no small cost to itself, and modifying aspects of its facility or operation which although having received full City approval have nontheless been the subject of complaints by a small minority of its neighbors. Specifically Aim All has agreed to: I. Repaint two large walls of its facility from the City approved white, to a color which has less light reflecting properties. 2. Reduce the hours of its operations on the site to between 7:00 am and 7:00 pm. 3. At the City's insistence Aim All has (at least temporarily, pending comment from the City Fire Department) substantially reduced the lighting in its facility to appease what Aim All understands to be two complaining neighbors. It is worth noting that the City has ~ Dan Coleman Nov. 14,2005 Page 2 insisted on this concession from Aim All despite being informed by Aim All that the reduction in lighting will compromise Aim All's security system. It would seem that Aim All's efforts to keep its facility safe, secure and a crime free site would be of greater importance to the surrounding community than the appeasement of a very few possibly hyper-sensitive individuals. 4. Build a new wall on its property to hide from view an existing approved wall which again, reportedly a very few individuals have complained of on purely aesthetic grounds. The single item which has been the subject of complaint, again apparently from only one or two residents, which Aim All has declined to modifY is the roofmg material used throughout the facility. The approved metal roofing is an architectural feature of the facility, the replacement of which would be an extremely expensive undertaking. As noted by Mr. Huynh's October 13, 2005 letter to the Mayor and Members of the city council, the present composition of the roofing at the facility "meets the requirements of the approved plans". In addressing the most recent letters of Mr and Mrs Crowl and Mr and Mrs Selos to the City Planning Department it seems appropriate to respond to each letter point by point. Before doing so however it is worth noting that both the Selos' and the Crowls have acknowledged that they have actively opposed this project from the earliest planning stages. It is the rare project that is able to win over the hearts of all of its former opponents. In many instances there is a point at which it must be recognized that some people are simply never going to be satisfied with the project (or at least admit to being satisfied) regardless of any measures the owner may take. In the Crowl letter ofN ovember 2nd 2005 Mr and Mrs Crowl list nine areas of concern. Those areas of concern and Aim All's response are as follows: I.Claimed denial of access to the elevations for the project. Aim All's Response: The elevations for the project have always been available for inspection by any interested party either at the City's Building Department or at the offices of Aim All. The elevations were, of course, a component of the information reviewed and considered in the permit application process and were subject to public review and comment both prior to and at the public hearing held in connection with the permit application. 2. Completion ofCal Trans sound Wall Aim All's Response: The only representations concerning the "sound wall" to which the letters refer are purported representations made to area residents by Cal Trans. Aim All has made no representations concerning the construction of any wall the purpose of which .> Dan Coleman Nov. 14,2005 Page: 3 was in any way to mitigate sound, which was inconsistent with the plans approved for the project Aim All has in fact heard from various residents that its building "A" with its raised parapet has reduced to nil the volume of sound coming from Haven A venue while the wall of building "B" has done the same with noise coming from the 210 Freeway. 3. Concerns about the metal roofmg material of the project. Aim All's Response: The use of metal roofmg has been an architectural feature of the project from the earliest conceptual design. Just as with all other features of the project the use of metal roofing was subject to public comment or objection in the permit application stage. Following completion of the public hearing and after giving the matter its full consideration the City's Planning Commission approved the use of metal roofing for the project. It is Aim All's contention that an independent investigation into the complaints concerning the metal roofmg would establish that the complaints as to glare and noise are simply unfounded. 4. Concerns over the height of the Buildings adjacent to the Moore residence. Aim AU's Response: (see comments re: number 3 above which apply equally to the heights of each of the buildings comprising the project.) 5. Concerns re: landscaping and beautification plans: Aim AU's Response: All landscaping has been installed in strict accordance with the approved plans for the project. While Aim All believes the landscaping in its present state is very attractive and is consistent with highest standards of the neighborhood, the beauty of the landscaping will only improve with time as it matures. 6. Concerns re: lighting: Aim All's Response: While the location and candlepower/watts of the exterior lighting for the project have been a known quantity since well before the construction phase, Aim All is cognizant of the fact that the actual effect the lighting will have is difficult to know until it is actually observed in operation. Aim All has taken a number of steps to reduce direct light as well as glare from reflected light from being directed toward the adjacent residences. It is Aim All's understanding that its mitigative efforts have been successful and that light / glare concerns are no longer an issue. It is however important that Aim All and the City keep the interests of the entire housing development in mind when making changes which may benefit the few to the possible detriment of the whole. It may well be that the interests of the neighboring residents as a whole in having Aim All take all available steps, including sufficient lighting, to insure that the project is safe and crime free may be greater than their interest that no glare be visible to a few homes. While a very few residents may object to any light at all coming from the Aim All premises, it should be understood that to the extent that the exterior lighting is reduced at the project Aim All's security efforts are to some extent compromised. ..' Dan Coleman Nov. 14,2005 Page: 4 7. Concern re: pink colored walls: Aim AIl's Response: The pink colored walls of the project were depicted as such from the early artists renderings. No representations were ever made by Aim All that the walls would be painted any other color, only that the colors used on the project would be compatible and not clash with the existing neighborhood. Aim All believes that the present colors are very neutral, tasteful and achieve that objective. The like or dislike of any particular color is such a subjective matter that it is doubtful that any color would gain universal approval. 8. Concern re: hours of operation: Aim All's Response: The hours during which Aim All tenants are permitted access to the facility have been reduced to between 7:00am and 7:00 pm. The Crowls are certainly aware of this concession by Aim All and it is difficult to understand why this resolved issue is being revived at this date. 9. Concern re: traffic control: Aim All's Response: Traffic control on the City streets is of course beyond the control of Aim All. With regard to the Crowl's expressed concern over the use of the "emergency entrance" by Aim All tenants, Aim All will make that entrance unavailable to its tenants. As for the Selos' letter of November 6th, it appears that their concerns are for the most part limited to the "completion of the Cal Trans sound wall" and the impact the 210 freeway and the subject project has had on their view. With regard to the sound wall [information to be supplied by client] As for the impact on the Selos' view, while one can certainly understand and commiserate with them in the loss of view, the fact remains that as a general rule in California a property owner does not have a right to a continued unimpeded view. Most new construction will in some way affect or interfere with the view of nearby existing neighbors, it is one of the unfortunate byproducts ofliving in a developing area. As stated in Miller & Starr California Real Estate 2nd at ~ 29:6 "...since a property owner has no implied easement for a view ...he cannot complain about the creation of a building or structure, and it is not a nuisance, merely because it obstructs the view or light and air as long as it was constructed lawfUlly pursuant to validly issued permits" citing among other authorities Wolford v. Thomas (1987) 190 CA3d 347. In your November 3"'letter to Mr. Giurbino of Aim All you advise Mr. Giurbino that Aim All's alleged violations or nonconformance with its conditional use permit are set forth in your previous letter of September 28, 2005 to Mike Tormey, Aim All's construction supervisor. The September 28, 2005 letter discussed the need for Aim All to reduce the reflecting glare of light from its facility and to reduce the hours during which tenant access to the facility is available. Both of these concerns as well as others have, as discussed above, been addressed by Aim All or are in the process Dan Coleman Nov. 14,2005 Page: 5 of being remedied. Accordingly, in the absence of the City directing Aim All to a specific uncured violation or non-compliance with the terms, conditions or requirements of its conditional use permit Aim All considers itself to be in full compliance with the permit. This letter opened with the comment that Aim All has strived and will continue to strive to be a good and responsible neighbor. In doing so it asks for the same consideration from its own neighbors and that the City continue to give equal consideration to the interests of both factions. Sincerely, LAW OFFICES OF WILLIAM G. BISSELL ~~~~/ William G. Bissell cc: Mayor William J. Alexander Mayor Pro Tern Diane Williams Councilman Rex Gutierrez Councilman 1. Dennis Michael Councilman Sam Spagnolo Mr. Trang Huynh Dept. of Building & Safety