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HomeMy WebLinkAbout2006/10/18 - Agenda Packet 5:30 p.m. 7:00 p.m. THE CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive? Rancho Cucamonga, CA 91730-3801 AGENDAS . Redevelopment Agency . Fire Protection District . City Council REGULAR MEETINGS 1st and 3rd Wednesdays? 7:00 p.m. OCTOBER 18, 2006 AGENCY. BOARD & CITY COUNCIL MEMBERS William J. Alexander.................... Mayor Diane Williams............... Mayor Pro Tern Rex Gutierrez............ ...... ..........Member L. Dennis Michael .....................Member Sam Spagnolo.......................... Member Jack lam......................... City Manager James L. Markman.............City Attorney Debra J. Adams..................... City Clerk ORDER OF BUSINESS Closed Session. . . . . . . . . . . . . . . . . .. Tapia Conference Room Regular Redevelopment Agency Meeting. .. Council Chambers Regular Fire Protection District .......... Council Chambers Regular City Council Meeting. . . . . . . . . . . . . Council Chambers ~. INFORMATION FOR THE PUBLIC . 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 (DSLlCable 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 II 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. C CITY COUNCIL AGENDA OCTOBER 18, 2006 -7:00 P.M. 1 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE . UCAMONn> c I A. CALL TO ORDER I 1. Roll Call: Alexander -' Gutierrez -' Michael -' Spagnolo _' and Williams - II B. ANNOUNCEMENTS/PRESENTATIONS ~ 1. Presentation of Proclamation declaring October as Adopt-A-Dog Month. II C. PUBLIC COMMUNICATIONS ~I This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previousty 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. COUNCIL RESPONSES TO PUBLIC COMMENTS I] This is the time and place for the City Council to respond to comments made by the general public. II E. CONSENT CALENDAR ~I The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: August 29, 2006 (Special Joint Meeting) September 20, 2006 September 27,2006 (Special Meeting) October 4, 2006 (Special Closed Session) 2. Approval of Check Register dated 9/27/06 through 10/10106 and 1 Payroll ending 10/10/06, for the total amount of $3,517,995.64. 3. Approve to receive and file current Investment Schedule as of 32 September 30, 2006. 4. Approval of Parks, Recreation Facilities and Community Services Update. 39 " CITY COUNCIL AGENDA OCTOBER 18,2006 -7:00 P.M. 2 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL. 10500 CIVIC CENTER DRIVE c--CUCAMONG' 5. Approval of a request from Valley Baseball Club, Inc. (DBA: Quakes) for a Waiver of Rental Fees for use of the Epicenter Stadium on Wednesday, October 25, 2006, for a season ticket holder World Series activity. 48 6. Approval of a request for a Public Convenience or Necessity Determination DRC2006-00848 - Nick Nazari for Haven Car Wash - for a Type 20 Off-Sale Beer and Wine license for a convenience store in the Industrial Park District (Subarea 6), located on the northeast corner of Haven Avenue and Jersey Boulevard - APN: 0209-491-14. 51 RESOLUTION NO. 06-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6), LOCATED ON THE NORTHEAST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD - APN: 0209-491-14 58 7. Approval of a recommendation from the Park and Recreation Commission to increase the funding limits available for scholarship program participants involved in recreation programs. 60 8. Approval to award the purchase of one (1) lot of Hubbell Sports lighting from CED. Ontario, in the amount of $48,828.82, as per RFB#06/07-001, to be funded from Ace!. No. 1130303-5650/1484130- o (Landscape Maintenance District NO.1 Capital Improvements) and appropriate $8,830 into Ace!. No. 1130303-5650/1484130-0 (Landscape Maintenance District NO.1 Capital Improvements). 62 9. Approval for the replacement purchase of one (1) Ford F-250 service bed truck with a ladder rack from Fairview Ford Fleet and Truck Center of San Bernardino, CA, as an off-the-Iot purchase, not to exceed the amount of $22,629.79 and authorization to appropriate $22,629.79 into Ace!. No. 1712001-5604 (Vehicle and Equipment Replacement Fund). 63 10. Approval of Map, Monumentation Cash Deposit, Improvement Agreement and Improvement Security for Public Street Improvements, and Ordering the Annexation to Landscape Maintenance District No. 3B and Street light Maintenance District Nos. 1 and 6 for Parcel Map 17653, located on the north side of Jersey Boulevard, east of White Oak Avenue and west of Milliken Avenue, submitted by Panattoni Development Co., LLC. 64 - CITY COUNCIL AGENDA OCTOBER 18,2006 -7:00 P.M. 3 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE ~CUCAMONG' RESOLUTION NO. 06-317 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17653, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-318 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17653 11. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No.9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 16882, located on the north side of Foothill Boulevard, east of Etiwanda Avenue, submitted by Lewis Investment Company, LLC. 77 RESOLUTION NO. 06-319 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16882 RESOLUTION NO. 06-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16882 81 ft CITY COUNCIL AGENDA OCTOBER 18,2006 -7:00 P.M. 4 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE ~CUCAMONnA 12. Approval of yearly agreement with Grainger Industrial Supply to 89 provide citywide maintenance parts and supplies, piggybacking off of a competitively bid, Western States Contracting Alliance (WSCA) Agreement, Number 6416, in the amount of $60,500, to be funded from Acct. Nos. 1001312-5204, Facilities Maintenance and Operations ($40,000); 1700201-5204, Sports Complex Maintenance and Operations ($4,000); 1001316-5200, Streets and Parks Maintenance and Operations ($10,000); 1848303-5200, PD 85 Park Maintenance and Operations ($2,000); 1848303-5204, PD 85 Facilities Maintenance and Operations, Landscape and Maintenance Districts 1131303-5204 ($1,000), 1133303-5200 ($1,500); 1134303-5204 ($1,000); and 1001104-5204, Animal Care and Services Facilities Maintenance and Operations ($1,000), as approved in the FY 2006/07 budget. II F. CONSENT ORDINANCES 11 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 G. 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 RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE). (CONTINUED FROM SEPTEMBER 20, 2006 91 RESOLUTION NO. 06-321 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA VALLEY WATER DISTRICT AND THE INLAND EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2006- 01 (VINTNER'S GROVE) - CITY COUNCIL AGENDA OCTOBER 18,2006 -7:00 P.M. S THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE ,--CUCAMON RESOLUTION NO. 06-322 109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006- 01 (VINTNER'S GROVE) AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT TO THE QUALIFIED ELECTORS THEREOF RESOLUTION NO. 06-323 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2006- 01 (VINTNER'S GROVE) SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES, AND GIVING NOTICE THEREON RESOLUTION NO. 06-324 139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. 769 (first reading) 141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT ft CITY COUNCIL AGENDA OCTOBER 18, 2006 -7:00 P.M. 6 THE MEETING TO BE.HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONm RESOLUTION NO. 06-325 159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT IN COMMUNITY FACILITIES DISTRICT NO. 2006- 01 (VINTNER'S GROVE). 2. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66). (CONTINUED FROM SEPTEMBER 20, 2006 RESOLUTION NO. 06-326 183 187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA VALLEY WATER DISTRICT AND THE INLAND EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2006- 02 (AMADOR ON ROUTE 66) RESOLUTION NO. 06-327 202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006- 02 (AMADOR ON ROUTE 66) AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT TO THE QUALIFIED ELECTORS THEREOF - CITY COUNCIL AGENDA OCTOBER 18,2006 -7:00 P.M. 7 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _CmJAMONG' RESOLUTION NO. 06-328 225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2006- 02 (AMADOR ON ROUTE 66) SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES, AND GIVING NOTICE THEREON RESOLUTION NO. 06-329 231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. 770 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT 233 RESOLUTION NO. 06-330 251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT IN COMMUNITY FACILlTEIS DISTRICT NO. 2006- 02 (AMADOR ON ROUTE 66) fa CITY COUNCIL AGENDA OCTOBER 18, 2006 -7:00 P.M. 8 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY R,\NCHO HALL, 10500 CIVIC CENTER DRIVE L-t. UCAMONG-' c II .1 H. PUBLIC HEARINGS II The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. [ I. CITY MANAGER'S STAFF REPORTS II The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. WEST NILE VIRUS UPDATE (Oral) [ J. COUNCIL BUSINESS ] The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) K. IDENTIFICATION OF ITEMS FOR NEXT MEETING II L. ADJOURNMENT ~ I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 12, 2006, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. August29,2006 CITY OF RANCHO CUCAMONGA CITY COUNCil AND PLANNING COMMISSION MINUTES Special Joint Meetino I A. CALL TO ORDER I A special joint meeting of the Rancho Cucamonga City Council and Planning Commission was held on Tuesday, August 29, 2006, in the Tri Communities Room at City Hall, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:00 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams (arrived at 7:14 p.m.), and Mayor William J. Alexander. Present were Planning Commissioners: Rich Fletcher, Rich Macias, Cris McPhail, Lou Munoz, and Chairman Pam Stewart. Also present were: Jack lam, City Manager; James Markman, City Attorney, Linda D. Daniels, Redevelopment Agency Director; James Troyer, Planning Director; James C. Frost, City Treasurer; Captain Pete Ortiz, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. ****** I B. PUBLIC COMMUNICATIONS I No communication was made from the public. * * It It * It I C. ITEM(S) OF BUSINESS I C1. PRESENTATION BY FOREST CITY DEVELOPMENT REGARDING FUTURE DEVELOPMENT VISION FOR VICTORIA GARDENS SHOPPING CENTER Jack lam, City Manager, stated there will be a presentation by Forest City pertaining to development of the Victoria Gardens Shopping Center (VGSC). Randall Lewis stated they are here tonight to share the future plans and thoughts for VGSC, and added they are proud to be part of this. He stated they want to get feedback about their preliminary plans. He felt this project has been a huge success for the City and the community. He stated VGSC has been named as one of the 10 best developments in the Country. Brian Jones stated he has enjoyed working with the City and also congratulated everyone on the VGSC. He told about various awards they have received for this shopping center project, which includes national awards. He felt the project demands more uses. He introduced his team: Frank Fuller, Yahn Taylor and Dan Hill. Mr. Jones stated they want this to be the finest shopping center around. Frank Fuller and Yahn Taylor, assisted by Dan Hill gave a power point presentation, which is on file in the City Clerk's office. Chairman Stewart felt this area of the City allows for "out-of-the-box" thinking. She stated she was not sure about residential for this area. She thought office could be used and fell a senior complex could work. She felt we need more after-hour activities with the Cultural Center opening up. She suggested we have a Macy's Home Store and a Nordstrom. She mentioned a container store that is at South Coast City Council/Planning Commission Special Joint Meeting Minutes August29,2006 Page 2 Plaza and felt this would be very beneficial. She suggested more Mom/Pop Restaurants. She also suggested a Farmers Market inside the mall area. Commissioner Fletcher didn't want to see this get too dense where people don't want to take their families there to stroll. He liked the Idea of another hotel with a spa, and felt this would be a good thing for Rancho Cucamonga. He didn't want to see it get so built out that it is uncomfortable to go there. Commissioner Macias felt there should be an urban element to this, but wasn't sure how urban this should become. He stated he does like what he sees in the power point. He liked the mixed use and felt we need some type of transit system. Commissioner McPhail stated she likes the boldness of the height of the buildings. She felt open space and livable space should be balanced. She suggested putting residential on top of existing buildings. She liked the idea of putting the visuai focus from the freeway. She felt technology shouid continue to be incorporated into the project. She suggested roof top gardens on some of the buildings. Commissioner Munoz stated he would like to focus on the excitement of the project. He mentioned a mall in Columbus that is very successful. He felt what draws people to malls are the signature restaurants. Mayor Alexander felt transportation needs are important and should be looked at. He liked the senior aspect and stated he appreciated all the comments of the Planning Commission. He stated he was delighted that we are having this meeting. Councilmember Gutierrez stated he is glad about the work of Lewis and Forest City. He stated he liked the idea of a larger plaza area where people can congregate after shopping. He stated he likes the fountain currently at the mall and would like a bigger one with lights. He stated he would like to see an Improv or a House of Blue. He stated he hears from people that they like the mall and felt it should be a place they can take the family. He hoped the Planning Commission's ideas are considered. He felt people should be able to drive down the freeway and think "WOW" when they see the lights on the mall buildings. He liked the idea of a Nordstrom. He stated congestion is something to consider. He commented on the crowded sidewalks and added the wind and rain concerns him because it affects the people shopping. He stated he is happy what the future presents. Councilmember Michael felt we should focus on looking to the future now instead of waiting. He stated he likes the idea of building up so people along the freeway will see the mall. He didn't feel this should be a nightclub destination and felt we should be careful with that. He stated he likes offices and the mixed use idea. He likes the pedestrian walkways and paseos. He stated he is in favor of exploring height for the buildings. He felt the Victoria Gardens Shopping Center is the place that can attract people to our community. He stated he has confidence in the Planning Commission's opinions. Councilmember Spagnolo stated he agrees with what has been said and felt we should do it right. He felt Bass Pro will enhance this area also. He felt the mall should be a family atmosphere. He stated he likes the rooftop idea. He felt security was important and stated our Sheriff's Department does a great job with the security because people feel safe going there. He stated he is also concerned about 24/7 entertainment and didn't know if our community was ready for that. He felt the Cultural Center has added to this center, and that what happens from here will add another level. He stated traffic is a concern of everyone. He felt this was the crown jewel of the Inland Empire. Councilmember Williams stated she is glad Forest City is ahead of the game and always striving to improve things. She liked the idea of condos for the snowbirds that come to the City. She felt a high hotel is very important, and felt it should be built as high as you can get. She felt a tower of lighting would really attract people. She added she liked the water features currently at the mall and felt more was needed. She felt there should be a nice restaurant on top of the hotel to view the mountains. She felt a gourmet area would be great. She liked the Crate and Barrel building. She felt we should have residential on top of the parking garages. She felt the transit issue was a huge issue to be looked at. She felt we need a City Council/Planning Commission Special Joint Meeting Minutes August29,2006 Page 3 unique breakfast restaurant. She liked the fireplace that Is currently at the mall. She applauded Lewis and Forest City for moving forward with this project. We stated she is pleased at what the Planning Commission is doing, including their dedication and focus. Captain Ortiz stated law enforcement has been very successful at Victoria Gardens. He commented on their good response time. He stated they are always looking at ways to do things better. Jack Lam, City Manager, felt there should be a larger space for law enforcement and felt they were doing a good job at the mall. He felt vertical elements would be a good thing. He stated he would like to see urban design features. He also felt there should be a first class hotel there. Randall Lewis asked for suggestions to improve the mall. Commissioner McPhail stated everything is done high end, but felt the landscaping can be enhanced. Commissioner Fletcher felt the parking during peak times is something that needs to be looked at. He felt we should have Class A office buildings to attract corporations to the City. He suggested we look at condo hotels. Brian Jones stated we need to see what the market is now. He felt the mall is a real comfortable place for people to hang out. He stated what he intended was not 24/7 commercial, but 24/7 residential. Chairman Stewart felt there should be an onsite fire department to enhance public safety. She didn't think people knew how to use the valet parking. She felt there should be a place where people can store numerous bags if they want to continue shopping. Jack Lam, City Manager, felt we should look at the parking demand with the increase of uses. He stated traffic is also an issue on the freeway at the Foothill exit. He felt we should advertise where the other exits are to access the mall from the 15 Freeway. Commissioner Macias felt we should include restaurants and offices at the mall. He felt we should increase the transit system. Commissioner Munoz fell the sidewalks are too crowded and should be expanded with the grow1h of the project. Councilmember Spagnolo felt the parking should be improved for the elderly and felt a tram or trolley in the outer areas of the parking lot would help. Councilmember Gutierrez stated he would like a big toy store. He mentioned the cobblestones and stated some people had a hard time walking on them. Brian Jones stated they are working on replacing those areas. Mayor Alexander stated he cannot think of one negative thing at this time. He commended Forest City and Lewis for going forward with this project. Councilmember Williams felt some of the fast food restaurants on the perimeter should be replaced with restaurants because we have enough fast food restaurants in the City. She felt there should be more ramps for wheelchairs and strollers for easier sidewalk access. She fell there should be more benches under the trees where people can sit, and fell they should be kept in good condition. Councilmember Michael mentioned the parking situation and felt we need to keep security at a good level and made a priority. City C.ouncil/Planning C.ommissi.on Special J.oint Meeting Minutes August29,2006 Page 4 May.or Alexander stated he didn't want t.o be f.orced int.o vaiet parking and felt s.ome pe.ople like t.o park their .own vehicle. Brian J.ones felt this was a terrific sessi.on and appreciated everyb.ody's input. He liked hearing what things can be improved. He stated they will w.ork with the staff and wiil want t.o meet with every.one again in the future. ******** A recess was taken at 9:00 p.m. The meeting was called back t.o .order at 9:10 p.m. with all C.ouncilmembers present. 'It..***** C2. UPDATE ON CITYWIDE AFFORDALBE HOUSING A staff rep.ort was presented by Linda D. Daniels, Redevel.opment Agency Direct.or. She stated in July a w.orksh.oP was held with the C.ouncil t.o discuss aff.ordable h.ousing and that an inclusi.onary h.ousing ordinance was discussed which W.ould help the City meet .our legal requirements. She stated the C.ouncil gave c.onsensus t.o pursue this and prepare s.omething t.o be br.ought back t.o them f.or c.onsiderati.on. She stated the Planning C.ommissi.on will be I.o.oking at an inclusi.onary h.ousing .ordinance .once rec.ommended by the C.ouncil. She added the City is sh.ort by 1,100 units in meeting .our legal requirements f.or aff.ordable h.ousing. ACTION: Rep.ort received and filed. C3. DISCUSSION REGARDING ITEMS OF MUTUAL INTEREST TO THE CITY COUNCIL AND PLANNING COMMISSION C.ouncilmember Michael felt there have been c.ontroversiai issues that every.one has dealt with, and felt we sh.ould be careful with General Plan issues and mixed use issues. He c.ommended the Planning C.ommissi.on f.or the great j.ob they d.o. C.ouncilmember Williams asked the Planning C.ommissi.on t.o h.old the line .on high end quality projects that c.ome bef.ore them. She urged them n.ot t.o give this up. She felt the F.o.othill C.orrid.or sh.ould be treated carefully. She felt we sh.ould maintain standards f.or .office and retail. She felt we sh.ould make the m.ost .of what iand is left. May.or Alexander felt the Planning C.ommissi.on is very hard w.orking. He thanked them f.or all their hard w.ork. C.ouncilmember Gutierrez stated he is c.oncerned ab.out density and added there isn't a I.ot .of land left. He felt we sh.ould expect the very best fr.orn the devel.opers. He felt all devel.oper meetings sh.ould be rec.orded. He felt every.one sh.ould be n.otified .of their right t.o appeal s.omething t.o the City C.ouncil. He thanked the Planning C.ommissi.on f.or making this a great City. C.ouncilmember Spagn.ol.o stated he agrees with c.omments made by every.one else. He c.ommended the Planning C.ommissi.on f.or the j.ob they d.o and felt bad that s.ome .of their previ.ous decisi.ons g.ot .overturned. Chairman Stewart thanked the C.ouncil f.or being able t.o serve. She talked ab.out s.ome .of the decisi.ons they have recently made. She menti.oned the n.oticing requirements being I.o.oked at. She felt signage .on the freeways sh.ould be I.o.oked at. She felt it was imp.ortant for C.ode Enf.orcement t.o enf.orce the rules. C.ommissi.oner McPhail felt these meetings sh.ould .occur m.ore .often. She thanked the C.ouncil f.or letting them d.o their j.ob. City Council/Planning Commission Special Joint Meeting Minutes August 29, 2006 Page 5 Commissioner Fletcher feit it was important to try to get developers to build more single story homes. He felt it is important to make sure the public understands about zoning requirements. Commissioner Macias felt Code Enforcement was important to the City. He thanked the staff for the good job they do and thanked the Council for their support. Commissioner Munoz stated he is thrilled to be doing this and appreciated the support of the Council. He stated the staff is excellent. He felt findings were important in making a decision. He felt the Planning Commission was excellent and stated he will enjoy working on the DRC. The Council and Commission felt they should meet again in six months. ****** I D. ADJOURNMENT I The meeting adjourned at 10:08 p.m. Respectfully submitted. Debra J. Adams. CMC City Clerk Approved by Planning Commission: October 11, 2006 Approved by City Council: . September 20, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, September 20, 2006, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, Caiifornia. The meeting was called to order at 5:30 p.m. by Mayor William J. Aiexander Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; and Linda D. Daniels, Acting Administrative Services Director. ****** B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item: B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LINDA D. DANIELS, ACTING ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY ****** II C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No one was present to comment on the closed session item. ****.* II D. CONDUCT OF CLOSED SESSION II Closed session began at 5:35 p.m. ****** II E. CITY MANAGER ANNOUNCEMENTS AND REpORTS II MOTION: Moved by Williams, seconded by Gutierrez to add the following item under City Manager's Staff Reports during the regular Council meeting: "CONSIDERATION OF REQUEST BY DAREN GARDNER AND LUCRETIA SNIJDERS TO WAIVE CITY FEES FOR A PROPOSED "HALLOWEEN STREET" EVENT" Motion carried unanimously 5-0. ****** City Council Minutes September 20, 2006 Page 2 F. RECESS The closed session adjourned at 6:40 p.m. with no action taken. ****** CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 20, 2006, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:17 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director and Acting Administrative Services Director; James C. Frost, City Treasurer; Sid Siphomsay, Sr. Information Systems Specialist; Sam Davis, Sr. Information Systems Specialist; Joe O'Neil, City Engineer; James Troyer, Planning Director; Trang Huynh, Building & Safety Official; Kurt Keating, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Captain Pete Ortiz, Lieutenant Bill Lenew, Sergeant Kish Doyle and Emily Campbell (Crime Prevention) - Rancho Cucamonga Police Department; Chief Peter Bryan and Deputy Chief Mike Bell, Rancho Cucamonga Fire Protection District; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Debra J. Adams, City Clerk. ****** II B. ANNOUNCEMENTS/PRESENTATIONS II B1. Presentation of a Proclamation in recognition of National Community Pianning Month. The Mayor and City Council presented the proclamation to the Planning Commissioners. James Troyer, Planning Director, gave a power point presentation which is on file in the City Clerk's office. B2. Presentation of a Proclamation in recognition of Dyslexia Awareness Month in October. No one was present to accept the Proclamation. Mayor Alexander read the proclamation. B3. Presentation of Proclamations and Certificates of Recognition to three Little and Major League Division All Star teams for winning the District 21 Championships in Rancho Cucamonga. Doug Morris, District 21 Area Administrator, assisted the City Council with the presentation of the Proclamations and Certificates of Recognition. B4. Presentation by KIDZWATCH Academy by Sgt. Kish Doyle. City Council Minutes September 20, 2006 Page 3 Sergeant Doyle gave a power point presentation, which is on file in the City Clerk's office, regarding this program. She also introduced Emily Campbell who also helped with the program. They stated they are working on expanding the program to other age groups. ****** C. PUBLIC COMMUNICATIONS C1. Jim Moffatt stated he is a resident and candidate for City Council. He stated he wants to talk about the Sign Ordinance. He felt the Fire Union was trying to buy a seat on the City Council and that they are backed by Bill Alexander and Sam Spagnolo. He stated the unions have been told that no political signs can go up any sooner than 30 days prior to the election, but they went ahead and did this anyway. He stated the candidate knows this and is not doing anything to take down any of his political signs. Mr. Moffat stated he has even gone around and told people not to put up their signs any sooner than 30 days prior to the election. He added that the Fire Chief has nothing to do with this, and added he didn't agree with what the Fire Union is doing. He did not feei Bill Alexander and Sam Spagnolo should be asking the fire fighters to support their candidate. He did not think we needed this type of person in our City. C2. Terry Smith of Alta Loma stated she stands behind our first amendment right, but does not think it is right for John Lyons to use this podium to campaign for City Council. She stated she is asking for the City Attorney to explain if campaigning is allowed to go on during Council meetings. She stated there are already three people on the Council that are part of the Fire Department, and didn't know if we need two more. Mayor Alexander stated it is allowed and asked the City Attorney to explain. James Markman, City Attorney, stated the Brown Act does allow anyone to come to the podium and address the Council on anything, which does include elections. He stated he cannot imagine telling someone they cannot come up under Public Communications and essentially campaign. He stated this happens in every City he has worked in. He stated the incumbents also have their three minutes to make announcements about their campaign as well. He stated this is not a legal problem and people have their first amendment right to campaign right here at the Council meeting. Councilmember Michael stated he wished the Council can set a requirement that no campaigning be done at the podium during election season. He said he understands we can't stop them, but felt the Council should at least set the decorum or standard that this should be done. Councilmember Gutierrez felt Ms. Smith is trying to say the Mayor of this City has the obligation and the moral duty to run this meeting with some degree of decorum and that this hasn't been happening. Mayor Alexander stated he would love to control this, but that based on what the City Attorney indicated, he cannot be selective in stopping certain people from speaking. He stated he will go by the City Attorney's advice. C3. Diane Mindrum of Rancho Cucamonga for 14 years and also owns a business in the City, asked the Mayor if he recommended a tax increase to change the response crews from 3 men to 4 men and to also add five new fire stations. Mayor Alexander stated he certainly has asked that stations be added and has asked that personnel be added, and that he will continue to do so not only for Fire, but Police also. He stated he will do anything that has to for public safety to keep our community at the level it should be at. Ms. Mindrum talked about salaries of various fire personnel and the cost to tax payers. She talked about the fire fighters retirement benefits. She did not feel we can afford any more firemen or fire stations. She stated 98% of fire calls are non-fire related and 2% are fire related. She did not think we could afford any more fire related Councilmembers. She did not think we should be paying retired employees more than working employees. She commented about the political billboards that should not be up and them being City Council Minutes September 20, 2006 Page 4 endorsed by Bill Alexander and Sam Spagnolo, when the Ordinance says no signs should go up any sooner than 30 days prior to the election. She felt this candidate should follow the iaws like everybody else. C4. Vince Dilde from Hungary stated he has come to America because it is a free Country. He talked about the boat he purchased that is parked in his driveway. He stated he is being told by Code Enforcement that he cannot do this. He felt he is being ganged up on and that he does not agree with this law. C5. John Lyons stated he is running for City Council and lives in the Etiwanda area of the City. He stated he is running against Council members Williams and Gutierrez because of their record on the Council. He wanted to defend our fire fighters and the job they do. He felt the firemen get paid part of their salary by the Statewide Mutual Aid Program. He talked about circulating the petition to incorporate the City many years ago. He felt the number one issue in the City is too many apartments. He felt Diane Williams and Rex Gutierrez take the developer's money and that is why we have so many apartments. He felt this was increasing crime and overcrowding our schools. He stated he would not approve any apartment buildings if he was on the Council. C6. Sandra Maggard, lives on Riallis at the top of Beryl, mentioned the Christmas tree farm owned by the Carrari family. She stated Congressman Miller now owns this land and is going to build where the tree farm is. She stated everyone has read in the newspaper about the many questionable land deals that Congressman Miller has been involved in. She felt his infiuence has the potential to find him special favors in our City when it comes to his planned destruction of this mountain. She stated she and some of her neighbors have met with the Councilmembers about this issue. She stated most of them are very concerned about the potential negative impact this will have on the City. She stated they were very disappointed with the Mayor's response to them when they met. She did not feel the Mayor should be supporting a project when it is in the early development stages. She asked if Mayor Alexander is the point man for Congressman Miller's project. She stated she knows the Mayor has plans to leave the City and move to Arizona. She felt the Mayor doesn't care what type of project will be going in and what the residents will be left with. C7. Jim and Gwyn Frost stated last Friday was National POW-MIA Recognition Day. He stated a lot of people did not know this. He showed a picture of a cemetery in Sicily-Rome, where his uncie is buried. He mentioned the POW-MIA fiag and what it means to the Country. He felt the flag should be flown on City flag poles and added that they want to present another fiag in order to accomplish this. He asked that the City treat this with respect. Mayor Alexander stated he would like to see this back on the City fiag pole. Jack Lam, City Manager, stated if Council gives direction it will be done. Mayor Alexander asked that this be on the next agenda. Councilmember Spagnolo felt this should be done and the fiag be fiown. C8. Tony Mize Co-Chair of the PAL Campaign wanted to remind everyone about the new Cultural Center in the City. He stated tomorrow there will be 500 kids to tour the Cultural Center and Library. He congratulated everyone involved with this project. He mentioned the amount of money they have raised and that they are a little short of meeting their $5 million goal. He reported about the Library Telethon and the Community Foundation Gala to take place on December 1 - 3. He stated they are raffling off a new home or $850,000 in cash to raise the rest of the money to meet that $5 million goal. Councilmember Williams commented that the program called "Miss Nelson is Missing" was coming this weekend. Cg. Don Kurth stated he is a local physician and was surprised by the Mayor's comments on raising local taxes. He stated he was surprised to hear the Mayor say he supported higher taxes. He stated if it wasn't for Councilmembers Williams, Gutierrez and Michael, the City's money would be flying out the City Council Minutes September 20, 2006 Page 5 door faster than it can be earned. He asked people to think about this come election day. He stated people should elect the candidates that have broad interests, not special interests.. He didn't think any candidate should be bringing in outside agitators to walk precincts and felt this was scandalous. C10. Greg Rosalia stated he is not running for City Council and lives on Falling Star Court. He talked about his neighborhood stating that because the homes are very close together located on a cul-de-sac, there is very limited frontage on the street for parking vehicles there. He stated even though it is allowed to park in front of your neighbor's house, it should be done with responsibility and respect to your neighbors and not done on a regular basis. He felt people should listen to their neighbor's complaints if they are parking too frequently in front of someone's house. He stated he knows that some communities have limited, on street, overnight parking during certain hours with tickets being issued to violators. He stated he really didn't recommend this. He stated he knows there are some communities that limit the number of vehicles one can park at a given location altogether. He suggested that possibly the Council might want to adopt something so that people purchase a permit from the City granting exclusive parking in front of one's own home. He hoped this could come back on the next agenda for further discussion. Council member Gutierrez stated he would be placing this on the next agenda. * * * * * * II D. CONSENT CALENDAR II 01. Approval of Minutes: August 28, 2006 (Special Joint Mtg.) August 29,2006 (Special Mtg.) September 6, 2006 02. Approval of Check Register dated August 30 through September 12 and Payroll ending September 12, 2006, for the total amount of $2,639,931.14. D3. Approve to receive and file current Investment Schedule as of August 31, 2006. 04. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Base Line Road Pavement Rehabilitation from West City Limit to Carnelian Street, to be funded from Accl. No. 1176303-5650/1374176-0 (Measure "I" Funds). RESOLUTION NO. 06-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "BASE LINE ROAD PAVEMENT REHABILITATION FROM WEST CITY LIMIT TO CARNELIAN STREET' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 05. Approval of Parks, Recreation Facilities and Community Services Update. 06. Approval of sole source vendor selection for the purchase of parts, supplies, and services for the Vactor Storm Drain Truck, Elgin Street Sweepers, and Mobile Street Sweeper from Haaker Equipment Company, of Pomona, for an annual total not to exceed $35,000 for Fiscal Year 2006/07, with an option to renew annually atter review and confirmation of pricing, for additional one year periods, to be funded from Accl. No. 1006303-5250 ($10,000) and 1001317-5250 ($25,000). 07. Approval of a resolution approving grant funds for the Pacific Eiectric Inland Empire Trail from the Recreation Trails Program under the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). City Council Minutes September 20, 2006 Page 6 RESOLUTION NO. 06-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM D8. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for CUP 99-53, located at the northwest corner of 6th Street and Haven Avenue, submitted by Rancho Haven, LLC. RESOLUTION NO. 06-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CUP 99-53 RESOLUTION NO. 06-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CUP 99-53 D9. Approval of Improvement Agreement and Improvement Security for Public Street Improvements and Development Review Project DRC2004-00656, located on the southeast corner of Sixth Street and Rochester Court, submitted by Mangini Development. RESOLUTION NO. 06-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2004-00656 D10. Approval of Improvement Agreement, Improvement Securities, Map, Monumentation Cash Deposit, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Parcel Map 16574, located on the southwest corner of Ironwood St. and Teak Way, submitted by Martinez Properties, LLC. RESOLUTION NO. 06-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16574, MONUMENTATION CASH DEPOSIT, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 06-291 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 LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 16574 City Council Minutes September 20, 2006 Page 7 011. Approval of Map for Parcel Map No. 17426, located on the southwest corner of Foothill Boulevard and Milliken Avenue, submitted by Foothill and Milliken JP/PI, LLC. RESOLUTION NO. 06-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 17426 (TENTATIVE PARCEL MAP NO. 17426) 012. Approval of Improvement Agreement, Improvement Securities and Annexation of Work Program Areas to Landscape Maintenance District Nos. 7 and 10 for Rancho Etiwanda Estates Infrastructure (Tentative Tracts 16226 and 16227), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 06-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (LMD LANDSCAPING FOR TRACTS 16226 & 16227) RESOLUTION NO. 06-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 FOR RANCHO ETIWANDA ESTATES (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 06-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 10 FOR RANCHO ETIWANDA ESTATES (TENTATIVE TRACTS 16226 AND 16227) 013. Approval of Map and Monumentation Cash Deposit for Tract Map 17745, located on the north side of Highland Avenue between Archibald and Hermosa Avenues, submitted by G-APEX, LLC. RESOLUTION NO. 06-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 17745 AND MONUMENTATION CASH DEPOSIT 014. Approval of Map, Improvement Agreement, Improvement Security, Ordering the Annexation to Landscape Maintenance District NO.2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Nos. 17487 and 17840, generally located south of Church Street and east of Day Creek Boulevard by Shea Homes, LP 227-452-22 & 23. RESOLUTION NO. 06-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBERS 17487 AND 17840, IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES City Council Minutes September 20, 2006 Page 8 RESOLUTION NO. 06-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.2 AND STEET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 36 FOR TRACT NOS. 17487 AND 17840 D 15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $544,896.25 to the apparent low bidder, American Asphalt South, Inc., (CO 06-163)and authorize the expenditure of a 10% contingency in the amount of $54,489.62, for the FY 2006/2007 Pavement Rehabilitation - Slurry Seal of Various Streets, to be funded from Gas Tax Funds, Accl. No. 1170303-5650/1022170-0, Measure "I" Funds, Accl. No. 1176303-5650/1022176-0 and Prop 42 Traffic Relief Funds, Accl. No. 1190303-5650/1022190-0. D16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,062,213.77 to the apparent low bidder, Bond Blacktop, Inc., (CO 06-164) and authorize the expenditure of a 10% contingency in the amount of $106,221.38, for the FY 2006/2007 Pavement Rehabilitation - Cape Seal of Various Streets, to be funded from Prop 42 Traffic Relief Funds, Accl. No. 1190303-5650/1022190-0. D17. Approval to authorize the execution of a Professional Services Agreement in the amount of $107,700 to Butsko Utility Design, Inc., (CO 06-165) for system planning, design and inspection of Victoria Hospitality Center, Footchester Center and Foothill Crossing-Rancho within the Rancho Cucamonga Municipal Utility service area, respectiveiy, to be funded $43,600 from 1705303- 5650/1518705; $43,600 from 1705303-5650/1396705; $20,500 from 1705303-5650/1397705 Municipal Utility Fund. D18. Approval of an Agreement with the Chaffey College Foundation (CO 06-166) to Broadcast the "Chaffey College Foundation Telethon" on RCTV-3. D19. Approval of Local Agency - State Agreement (CO 06-167) Bicycle Transportation Account Project for Phase V of the segment of the Pacific Electric Trail, from 1350 feet east of Etiwanda Avenue to the east City limit and authorization of the Mayor to sign the Agreemenl. RESOLUTION NO. 06-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA FOR BICYCLE TRANSPORTATION ACCOUNT FUND GRANT, LOCAL AGENCY - STATE AGREEMENT, FOR PAHSE V OF THE PACIFIC ELECTRIC TRAIL, "RAILS TO TRAILS", FROM EAST OF ETIWANDA AVENUE TO THE EAST CITY LIMIT D20. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa Horticultural Enterprises, Inc., or Irwindale, California, for the maintenance of City parks and City and Fire District Landscape sites, in the amount not to exceed $1,313,596 for City facilities and $60,980 for Fire District facilities with the option to renew for additional one year periods, and authorize the City Engineer and Fire Chief to execute said contract renewals; to be funded from 1001312-5304 ($7,940); 1001316-5300 ($438,465); 1008316-5300 ($81,450); 1130303-5300 ($230,100); 1131302-5300 ($73,276); 1132303- 5300 ($2,350); 1133303-5300 ($339,500); 1134303-5300 ($116,600); 1137303-5300 ($13,800); 1140303-5300 ($10,115); 3281514-5300 ($34,170) and 3281515-5300 ($26,810) for Fiscal Year 2006/2007. City Council Minutes September 20, 2006 Page 9 021. Approval to execute a contract renewal (CO 92-011) with Trugreen Landcare of Monrovia, California, for the maintenance of City trees, in the amount not to exceed $683,190 with the option to renew for additional one year periods, to be funded from 1001316-5300 ($352,000); 1130303-5300 ($41,000); 1130303-5310 ($76,280); 1131303-5310 ($68,900); 1133303-5310 ($40,800); 1134303-5310 ($20,700); 1136303-5310 ($27,770),; 1137303-5310 ($14,330); 1138303-5310 ($11,000); 1139303-5310 ($6,350); 1140303-5310 ($6,560); 1848303-5310 ($17,400), as approved in the Fiscal Year 2006/2007 Budget. 022. Approval to execute contract renewals (CO 90-143, 90-144, 93-041, 93-080, 02-018) with Trugreen Landcare of Upiand, California, for the maintenance of various landscape sites citywide, in the amount not to exceed $2,555,990 with the option to renew for additional one year periods, and authorize the City Engineer to execute said contract renewals; to be funded from 1001316-5300 ($30,000); 1130303-5300 ($378,390); 1131303-5300 ($1,041,680); 1133303-5300 ($7,700); 1134303-5300 ($339,700); 1135303- 5300 ($2,000); 1136303-5300 ($259,640); 1137303-5300 ($267,300); 1138303-5300 ($22,800); 1139303-5300 ($24,500); 1140303-5300 ($92,640) and 1868203-5300 ($89,640) for Fiscal Year 2006/2007. 023. Approval of Improvement Agreement Extension for Rancho Etiwanda Estates infrastructure (Tracts 16226 & 16227), located north of the extension of Oay Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 06-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR RANCHO ETIWANOA ESTATES INFRASTRUCTURE (TRACTS 16226 & 16227) 024. Approval of Improvement Agreement Extension for Tract 16227, located at the northwest corner of Oay Creek Boulevard and Etiwanda Avenue, submitted by K. Hovnanian at Rancho Etiwanda, LLC. RESOLUTION NO. 06-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR TRACT 16227 025. Approval of Improvement Agreement Extension for Tract 16311, located at the southeast corner of Hellman Avenue and 6th Street, submitted by Crestwood Corporation. RESOLUTION NO. 06-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR TRACT 16311 026. Approval to release the Faithfui Performance Bond, No. 6253067, In the amount of $153,900 for the Traffic Signals and Safety Lighting at the intersection of Victoria Street and Etiwanda Avenue, Contract No. 03-133. 027. Approval to release the Faithful Performance Bond, No. 6227214, in the amount of $193,049 for the Traffic Signals and Safety Lighting at Los Osos High School, Contract No. 04-028. City Council Minutes September 20, 2006 Page 10 D28. Approval to accept the ADA 2005/2006 Access Ramp and Drive Approach Improvements at Various Locations, Contract No. 06-016, 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 $98,741. RESOLUTION NO. 06-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ADA 2005/2006 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS AT VARIOUS LOCATIONS, CONTRACT NO. 06-016 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D29. Approval to accept the Bridge Maintenance and Rehab Project at Heritage Park, Contract No. 06- 066, 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 $38,326. RESOLUTION NO. 06-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BRIDGE MAINTENANCE AND REHAB PROJECT AT HERITAGE PARK, CONTRACT NO. 06-066 AUD AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D30. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2001-00772 (TR 10246), located at the southwest corner of Haven Avenue and Hillside Road, submitted by Prestige Homes, L.P. RESOLUTION NO. 06-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00772 (TR 10246) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D31. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance bond, and file a Notice of Completion for improvements for Parcel Map 16323, located on the east side of Haven Avenue, south of 6th Street, submitted by Ledesma & Meyer Development Company, Inc. RESOLUTION NO. 06-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16323 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D32. Approval to release the Faithful Performance Bond retained in lieu of a Maintenance Guarantee Bond for Tracts 16257 & 16347, located on the west side of Etiwanda Avenue, north of Foothill Boulevard, submitted by Empire Commercial Real Estate, LLC. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes September 20, 2006 Page 11 ******** Jack Lam, City Manager, stated there was a request to add an item to the agenda to go under "City Manager's Staff Reports" as item 2 entitled "Consideration of Request by Daren Gardner and Lucretia Snijders to waive City Fees for a Proposed "Halloween Street" Event." He stated this was voted on in closed session to add this to the agenda. (See closed session minutes for vote to add this item.) ******** ****** E. CONSENT ORDINANCES E1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2006-00576 - CITY OF RANCHO CUCAMONGA - An Amendment to Section 17.02.110 - Public Hearings and Notification Requirements. This action is exempt from environmental review pursuant to Section 15061 (b)(3) of the State CEQA guidelines. Debra J. Adams, City Clerk, read the title of Ordinance No. 768. ORDINANCE NO. 768 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPEMNT CODE AMENDMENT DRC2006-00576, AMENDING SECTION 17.02-110 - PUBLIC HEARINGS AND NOTIFICATION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and approve Ordinance No. 768. Motion carried unanimously 5-0. ****** II F. ADVERTISED PUBLIC HEARINGS ~ F1. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE). (CONTINUE TO OCTOBER 18, 2006) Jack Lam, City Manager, stated items F1 and F2 were advertised to be heard as public hearings; but because they are reiated to a Joint Facilities Agreement, it is necessary for other agencies to act on this first. He stated since they have not done so, it is requested that Items F1 and F2 be continued to October 18, 2006. MOTION: Moved by Gutierrez, seconded by Spagnolo to continue items F1 and F2 to the October 18, 2006 meeting at 7:00 p.m. in this room. Motion carried unanimously 5-0. F2. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66). (CONTINUE TO OCTOBER 18, 2006) Jack Lam, City Manager, stated items F1 and F2 were advertised to be heard as public hearings; but because they are related to a Joint Facilities Agreement, it is necessary for other agencies to act on this first. He stated since they have not done so, it is requested that Items F1 and F2 be continued to October 18,2006. City Council Minutes September 20, 2006 Page 12 MOTION: Moved by Gutierrez, seconded by Spagnolo to continue items F1 and F2 to the October 18, 2006 meeting at 7:00 p.m. in this room. Motion carried unanimously 5-0. ****** II G. PUBLIC HEARINGS II No items submitted. ",. '* * '* '" '* II H. CITY MANAGER'S STAFF REpORTS II H1. CONSIDERATION OF A RESOLUTION ENDORSING THE FORMATION OF THE INLAND EMPIRE LANDSCAPING ALLIANCE. CONSISTING OF CITIES AND WATER AGENCIES SERVED BY THE INLAND EMPIRE UTILITIES AGENCY AND APPOINTMENT OF A REPRESENTATIVE TO SERVE AS A MEMBER OF THE EMPIRE LANDSCAPING ALLIANCE A staff report was presented by Jack Lam, City Manager. Fabian Villenas, Management Analyst III, stated Martha Davis with the Inland Empire Utilities Agency is also present and is willing to answer any questions the Council has. Council member Williams felt this was a good idea and that this would be good for the whole region. Martha Davis, Inland Empire Utilities Agency, stated this was suggested by the Upland Mayor, and felt this would strengthen the region's efforts on conservation. She appreciated the Council's support. RESOLUTION NO. 06-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENDORSING THE FORMATION OF THE INLAND EMPIRE LANDSCAPING ALLIANCE MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 06-307. Motion carried unanimously 5-0. MOTION: Moved Alexander, seconded by Williams to appoint Dennis Michael to serve as the representative on the Empire Landscaping Alliance. Motion carried unanimously 5-0. 12. ADDED ITEM (Vote taken during closed session to add this item.) - CONSIDERATION OF REQUEST BY DAREN GARDNER AND LUCRETIA SNIJDERS TO WAIVE CITY FEES FOR A PROPOSED "HALLOWEEN STREET" EVENT A staff report was presented by Kurt Keating, Code Enforcement Supervisor. Councilmember Michael asked how many homes are on this street. Joe O'Neil, City Engineer, stated it is a City block. Councilmember Michael expressed concerns how emergency vehicles would access a home if there is an emergency during their event. City Council Minutes September 20, 2006 Page 13 Councilmember Gutierrez asked if this is a public event or private party. Kurt Keating, Code Enforcement Supervisor, stated it is a community event where anyone can attend on Halloween evening. Mayor Alexander stated this is a neighborhood event and added that he attended the meeting to organize this. He stated it was the requestors' intent to develop a safe place where kids can go and celebrate Halloween. Councilmember Gutierrez stated he didn't want to set a precedent by doing this and waiving their fees. He asked if we have approved other waivers of fees from people wanting to have neighborhood parties. Councilmember Michael referred to Christmas on Thoroughbred Street. He wished he could have heard from the applicant. Mayor Alexander suggested this be continued to the next meeting to allow the Mr. Gardner and Ms. Snijders an opportunity to address the Council. Kurt Keating, Code Enforcement Supervisor, stated he is not aware of other events where a waiver has been approved. He suggested they might want to place their decorations on private property instead of on the public street, which would eliminate the need for hiring deputies and the Temporary Use Permit. Councilmember Gutierrez stated he is always asked by the Alta Loma Oldtimers to have their fees waived when they hold their annual party. Councilmember Williams felt this should come back and allow for the people to present their case. Counciimember Gutierrez stated he would like to ask the Council to cover their costs of $2200 that the City is requiring. Councilmember Williams stated she is also happy to pitch in and cover their costs. ACTION: The Council gave consensus to continue this item to the October 4,2006 meeting. ****** II I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 11. Councilmember Michael stated he has observed allegations toward his colleagues tonight and commented on the crime rate going up 40%. He referred to the billboard that stated the Council needs one more vote to prioritize public safety. He stated the Council has always made public safety a priority. He asked if after public comments, can the Council respond to these comments. He felt everyone should hear the accurate information when comments are made. James Markman, City Attorney, stated staff or the Council can briefly respond to comments made from the public. Councilmember Michael stated he would like to see on the website what the City can do in emergency situations. Councilmember Williams stated this City is ready to handle emergencies and probably more so than any other City around. She talked about the Grand Prix Fire and how other cities came to Rancho Cucamonga for information. She stated we are ready for earthquakes, terrorist attacks or anything else. She felt the residents should be reassured that the City is ready for emergency situations. She stated she is frequently asked why Metrolink does not run a night train. She stated there is now a late train that City Council Minutes September 20, 2006 Page 14 runs around 11 :15 p.m., which is a new addition. She stated if it is not used it will be lost. She stated the Library on Archibald is the main Friends of the Library book store with a smaller one at the Victoria Gardens Library. She stated they are inundated with kids' books for only 25 cents. Councilmember Spagnolo stated there are two documents, i.e, the Strategic Plan for Fire and Police that people can be referred to in order to get their questions answered. He stated payroll can answer any questions what the fire fighters make. He did not think the statements people make about public safety personnel payroll is correct. He felt people should walk in their shoes before condemning them. Counciimember Gutierrez didn't feei people should mix what Police and Fire make because he didn't hear anyone complaining about that. He stated most people are really happy they live here. He didn't feel they deserved the defamation of what the billboard represents. He stated he regrets the City didn't have one day to celebrate the Cultural Center and Library before the billboards went up. He stated this is not acceptable. Mayor Alexander stated this is why it is called the "silly season." He remembers all the problems that have occurred throughout the years about political signs going up inappropriately. He hoped people will take their signs down in a timely manner and was glad there are only three more meetings to hear all of this before the election occurs. **,,*** J. IDENTIFICATION OF ITEMS FOR NEXT MEETING I Councilmember Michael stated he would like to have an item on the agenda for the Council to consider having a new section be added after "Public Comments" called "Council Responses to Public Comments." Councilmember Gutierrez stated he would like to know what other cities do as far as number of cars that are allowed to be parked in front of a house. Council member Michael asked that the City Manager respond on the issues of pubic safety as was done in a letter written to Senator Dutton because of his concerns. Councilmember Gutierrez asked that a report be given at the next meeting. ****** K. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:28 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * September 27,2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meetinq ~ A. CALL TO ORDER II A special meeting of the Rancho Cucamonga City Council was held on Wednesday, September 27,2006, in Etiwanda Hall at Central Park located at 11200 Base Line Road, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 6:35 p.m. Present were Councilmembers: Rex Gutierrez (arrived at 6:45 p.m.), L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager and Acting Shelter Director; Jen Woodard, Animal Shelter Manager; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst III; Shelly Munson, Information Systems Specialist; Animal Shelter Staff; and Debra J. Adams, City Clerk. ****** B. PUBLIC COMMUNICATIONS B1. Nicole Myerchin stated she is disappointed in the set-up for tonight's meeting and wished that the public could have more time to discuss the information being presented tonight. She stated some decisions have been made at the shelter that she doesn't think are very good. She stated other people have also contacted her that are not happy with what is going on at the shelter. She felt some of the policies should be further examined. She also mentioned various incidents that happened at the shelter which she felt needed to be addressed. ****** II C. ITEM(S) OF BUSINESS II C1. UPDATE AND PRESENTATION ON THE ANIMAL CARE AND SERVICES PROGRAM A staff report and power point presentation, which is on file in the City Clerk's office, were given by Pamela Easter, Assistant City Manager and Acting Shelter Director. Jack Lam, City Manager, stated what has been accomplished could not have been done without the staff that has been hired and added they have worked very hard. He felt the staff is up to the challenges that are ahead. Pameia Easter, Assistant to the City Manager and Acting Shelter Director, agreed and commended the staff for their hard work and dedication. Councilmember Michaei commented on the 400 volunteer applications that have been submitted and that some of them are already working at the shelter. The Council concurred to allow more public input regarding this item. Mayor Alexander stated the report was very good and focused on the "warm and fuzzy," but did not address the problems at the shelter. He felt we need to work on some personnel issues. He stated Special City Council Minutes September 27,2006 Page 2 nothing was brought up on the staff that is overworked that are not getting a lunch or breaks and are working many extra hours. He asked why we can't hire more part time staff to help out. He felt a subcommittee environment would be more beneficial to work out some of these types of issues. He stated he was disappointed this couldn't be handled in a subcommittee as we do with other subcommittees. He felt each Councilmember should go unannounced to the shelter during the day to see what is going on as opposed to doing this tonight. He asked if we are using all the rescue groups to the largest extent possible. Pamela Easter, Assistant to the City Manager and Acting Shelter Director, stated yes. Kelly Heilig asked if there could be a Board established to oversee things at the shelter and hoped this could be established tonight. She wished this Board could oversee things as the Library Board does for the Libraries. Council member Michael asked why Ms. Heilig can't talk to staff about these things instead of involving the Council. He stated he supports the staff and the job they do, and added that everyone wants a "no kill" shelter. Nicole Myerchin stated she has gone to Pam Easter about previous issues in the past and was not satisfied with what was done. She felt friendships were more important amongst the staff than trying to work out the problems. James Markman, City Attorney, stated there is a process to go through if there is a problem with an employee and that it is not to be done at a public meeting. Jack Lam, City Manager, stated any personnel matters are confidential. Mayor Alexander stated he agrees that personnel issues should not be discussed in public. He stated he has talked to Pamela Easter and Jen Woodard and hopes some of these issues will be taken care of. Councilmember Spagnolo stated this is not the forum to discuss personnel issues. He said there are policies and procedures to go through to take care of any personnel problems. He feit someone should make a complaint in writing and it go to the department head to evaluate. He stated he is more interested in where this program will go or where it is headed. He did not think this meeting should be about pointing fingers at anyone. He felt the staff is all overworked. He felt we have come a long way in the last four months. He added he would like to move forward with the things Pamela Easter brought up during her presentation. Nicole Myerchin felt we need policies and procedures and a way to discipline someone that does not follow these. She felt we need written policies and procedures like the Helen Woodward Center has regarding disciplinary actions. Councilmember Spagnolo stated from the organization he comes from there is an evaluation process to correct an employee's actions if they are doing something wrong. Councilmember Gutierrez stated we have been in operation for four months and felt a lot of progress has been made. He stated he is so proud of the staff for the work they have done. He didn't know why we have to answer to Ms. Myerchin.. . Dr. Barr, the Shelter Veterinarian, talked about some of the viruses that cats get and what procedures are followed at the shelter to take care of this. She stated they had a bad situation and they are trying to do something to change it so that this does not occur again. Councilmember Michael felt everyone needs to work together and communicate more. Kelly Heilig suggested there be a suggestion box that people use. Special City Council Minutes September 27, 2006 Page 3 Brenda Devereaux and Penny Herman stated that Ms. Myerchin does not talk to the staff. They stated the staff is dedicated. They asked that Ms. Myerchin look at the positive and not the negative. They asked not to be judged and stated staff will get there. They stated they do get their breaks and lunches and do get paid overtime. They stated they do not have a problem with the Animal Shelter Manager's dog. Dave Dykstra stated a lot of what has been done at the sheiter is because of Ms. Myerchin. He stated she is not the enemy. Pameia Easter, Acting Shelter Director, stated all employees work very hard when any new venue is about to open up. She stated the shelter staff works very hard with the rescue groups also. She stated she and Jen Woodard always tell the voiunteers to come to them when they see something that isn't right. She stated the staff is always open to a better way of doing things. She stated euthanasia is a very tough subject. She stated they will improve and will learn from their mistakes. She stated the struggle they have is because of so many animals. She felt they are having to apologize for doing the best job they can do. Jen Woodard, Animal Sheiter Manager, taiked about her prior experience which inciuded the setting up of a "no kill" shelter. She talked abut the great staff at the shelter. She talked abut the process they go through to euthanize an animal. She stated it is a difficult decision to make. She felt they are doing the right thing and headed in the right direction. She added she takes her profession very seriousiy. Councilmember Williams stated she is so impressed with what has been done at the shelter and felt we are headed in the right direction. She wished other cities could get on board with the same type of program. She felt for only being into this for four months we have done a great job. She stated she does not want to micromanage the shelter or any other department. She felt round table discussions once a month with the volunteers and anyone else might be a good idea to work out problems. Councilmember Michael congratulated the staff .again on a good job and hoped everyone can be objective starting tomorrow. Mayor Alexander stated he does go to the shelter and does spend time with everybody. He felt it was important to get together tonight and work out some of these issues. Councilmember Spagnolo agreed with Mayor Alexander and thanked Ms. Heilig and Ms. Myerchin for getting this ball rolling. ******** NO TOUR OF THE SHELTER WAS CONDUCTED AS WAS LISTED ON THE AGENDA. ******** ****** D. ADJOURNMENT MOTION: Moved by Spagnolo, seconded by Michael to adjourn. The meeting adjourned at 9:08 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk/Records Manager Approved: * October 4,2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Closed Session II A. CALL TO ORDER II A special closed session of the Rancho Cucamonga City Council was held on Wednesday, October 4, 2006, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 3:00 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager and Dr. Bill Mathis, Facilitator ****** B. ANNOUNCEMENT OF CLOSED SESSION ITEM Mayor Alexander announced the closed session item. * * * * * * C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM No communication was made from the public. ****** D. CONDUCT OF CLOSED SESSION 01. PERFORMANCE EVALUATION OF CITY MANAGER PER GOVERNMENT CODE SECTION 54957. MOTION: Moved by Michael, seconded by Williams to approve Amendment NO.6 to the City Manager's Agreement (CO 89-037). Motion carried 3-2 (Alexander and Spagnolo voted no). ****** II E, ADJOURNMENT ~ The meeting adjourned at 5:20 p.m. with the following action taken: Respectfully submitted, Approved: . Debra J. Adams, CMC City Clerk/Records Manager CITY OF RANCHO CUCAMONGA P1 Al!:enda Check Rel!:ister 9/27/2006 through 10/1 0/2006 Check No. Check Date Vendor Name Amount AP - 00242407 9/27/2006 A AND A AUTOMOTIVE 50.00 AP - 00242408 9/27/2006 AA EQUIPMENT RENTALS CO INC 68.36 AP - 00242408 .9127/2006 AA EQUIPMENT RENTALS CO INC 21.31 AP - 00242409 9/27/2006 AAVCO 6,513.00 AP - 00242410 9/27/2006 ABC LOCKSMITHS 11.35 AP - 00242410 9/27/2006 ABC LOCKSMITHS 521.78 AP - 00242410 9/27/2006 ABC LOCKSMITHS 163.21 AP - 00242410 9/27/2006 ABC LOCKSMITHS 49.57 AP - 00242410 9/27/2006 ABC LOCKSMITHS 121.87 AP - 00242410 9/27/2006 ABC LOCKSMITHS 276.86 AP - 002424 J 0 9/27/2006 ABC LOCKSMITHS 58.12 AP - 002424 I I 9/27/2006 ABLAC 16.39 AP - 00242412 9/27/2006 ACTION AWARDS INC. 43.20 AP - 00242414 9/27/2006 ADOBE ANIMAL HOSPITAL 1,749.00 AP - 00242415 9/27/2006 AED INSTITUTE OF AMERICA INC. 902.95 AP - 00242416 9/27/2006 AG ELECTRIC CAR SPECIALISTS 233.18 AP - 00242418 9/27/2006 ALL CITIES TOOLS 193.95 AP - 00242419 9/27/2006 ALL WELDING 125.00 AP - 00242420 9/27/2006 ALPHAGRAPHICS 249.51 AP - 00242421 9/27/2006 AL T A LOMA ANIMAL HOSPITAL 7,622.00 AP - 00242422 9/27/2006 AMERICAN ROTARY BROOM CO. INC. 294.96 AP - 00242422 9/27/2006 AMERICAN ROTARY BROOM CO. INC. 90.28 AP - 00242422 9/27/2006 AMERICAN ROTARY BROOM CO. INC. 90.28 AP - 00242422 9/27/2006 AMERICAN ROTARY BROOM CO. INC. 461.15 AP - 00242423 9/27/2006 AMERICAN SOCIETY OF SAFETY ENGINEERS 175.00 AP - 00242424 9/27/2006 APPLIED METERING TECHNOLOGIES INC 11,155.50 AP - 00242425 9/27/2006 ARCHITERRA DESIGN GROUP 5,397.62 AP - 00242425 9127/2006 ARCHITERRA DESIGN GROUP 3,000.00 AP - 00242425 9/27/2006 ARCHITERRA DESIGN GROUP 31.45 AP - 00242425 9/27/2006 ARCHITERRA DESIGN GROUP 302.89 AP - 00242425 9/27/2006 ARCHITERRA DESIGN GROUP 20.00 AP - 00242425 9/27/2006 ARCHITERRA DESIGN GROUP 5,980.00 AP - 00242426 9/27/2006 ARROW TRUCK BODIES AND EQUIPMENT INC 323.25 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 281.18 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 80.19 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 243.40 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 24.97 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 241.49 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 203.93 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 30.25 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 62.36 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 59.]9 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 7.95 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 126.64 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 335.99 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 25.90 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 30.98 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 375.00 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION -50.00 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION -100.00 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 1,200.81 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 1,201.78 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 111.29 AP - 00242428 9/27/2006 ARROWHEAD CREDIT UNION 1,055.01 User: KFINCHER - Karen Fincher Page: I Current Date: 10/11/2 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:41 Check No. AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242428 AP - 00242430 AP - 00242430 AP - 00242431 AP - 00242432 AP - 00242432 AP - 00242432 AP - 00242432 AP - 00242432 AP - 00242433 AP - 00242433 AP - 00242435 AP - 00242436 AP - 00242436 AP - 00242436 AP - 00242436 AP - 00242437 AP - 0024243& AP - 00242439 AP - 00242440 AP - 00242442 AP - 00242443 AP - 00242444 AP - 00242445 AP - 00242446 AP - 00242447 AP - 00242447 AP - 00242447 AP - 00242448 AP - 00242449 AP - 00242451 AP - 00242452 AP - 00242453 AP - 00242455 AP - 00242456 AP - 00242457 AP - 00242458 AP - 00242459 AP - 00242460 AP - 00242462 AP - 00242463 AP - 00242463 CITY OF RANCHO CUCAMONGA Al!.enda Check Register 9/27/2006 through 10110/2006 P2 Check Date Vendor Name Amount 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ARROWHEAD CREDIT UNION 9/27/2006 ASSI SECURITY 9/27/2006 ASSI SECURITY 9/27/2006 ASSOCIATED GROUP 9/27/2006 AUFBAU CORPORATION 9/27/2006 AUFBAU CORPORATION 9/27/2006 AUFBAU CORPORATION 9/27/2006 AUFBAU CORPORATION 9/27/2006 AUFBAU CORPORATION 9/27/2006 BAND K ELECTRIC WHOLESALE 9/27/2006 BAND K ELECTRIC WHOLESALE 9/27/2006 BARNES AND NOBLE 9/27/2006 BEARD PROVENCHER AND ASSOC INC 9/27/2006 BEARD PROVENCHER AND ASSOC INC 9/27/2006 BEARD PROVENCHER AND ASSOC INC 9/27/2006 BEARD PROVENCHER AND ASSOC INC 9/27/2006 BEARINGS & DRIVES INC. 9/27/2006 BEDIN! BUILDERS 9/27/2006 BERGOT, MARY 9/27/2006 BERNELL HYDRAULICS INC 9/27/2006 BHUIYAN, MIRAZ 9/27/2006 BIAS, GORDON 9/27/2006 BIG COZY BOOKS INC. 9/27/2006 BLACK, MARY A 9/27/2006 BMJ WORK GROUP INC 9/27/2006 BOLTON, HEATHER 9/27/2006 BOLTON, HEATHER 9/27/2006 BOLTON, HEATHER 9/27/2006 BONGARDE HOLDINGS INC. 9/27/2006 BRAVO, PATRICIA 9/27/2006 BRUGGER, KATHLEEN 9/27/2006 BUNNY BUNCHES 9/27/2006 BUSINESS OBJECTS AMERICA 9/27/2006 CAGLlOSTRO, MICHELE 9/27/2006 CALOLYMPIC SAFETY 9/27/2006 CALSENSE 9/27/2006 CAMACHO, ANA 9/27/2006 CASTRO, RUBEN 9/27/2006 CENTERSTAGING MUSICAL PROD. INC. 9/27/2006 CHIANG, SHIRLEY 9/27/2006 CITY RENTALS 9/27/2006 CITY RENTALS 27.80 180.42 260.00 42.90 25.96 8.80 116.63 111.29 96.94 184.12 46.14 5.56 -65.48 135.00 990.00 2,131.59 3,131.50 11,412.00 3,157.00 16,380.00 3,676.00 18.73 168.54 55.81 6,365.00 7,800.00 2,235.00 5,450.00 27.69 100.00 500.00 39.00 500.00 295.56 9,103.88 50.00 200.00 32.50 230.13 241.59 266.95 250.00 69.00 231.68 5,250.00 500.00 22.29 154.53 500.00 34.00 2,417.37 40.00 434.53 37.50 Current Date: 10/11/2 Time: 13:41 User: KFINCHER - Karen Fincher Page: 2 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA P3 Ae:enda Check Ree:ister 9/27/2006 through 10110/2006 Check No, Check Date Vendor Name Amount AP - 00242464 9/27/2006 CLABBY, SANDRA 1,000.00 AP - 00242465 9/27/2006 COLLETTE TRAVEL SERVICE INC. 3,768.00 AP - 00242465 9/27/2006 COLLETTE TRAVEL SERVICE INC. 4,996.00 AP - 00242466 9/27/2006 COLTON TRUCK SUPPLY 53.88 AP - 00242467 9/27/2006 CONTACT ONE FUNDING CORP. 228.50 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 109.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 57.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 57.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 57.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 114.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 171.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 57.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 1]4.00 AP - 00242468 9/27/2006 COPP CRUSHING CORP, DAN 57.00 AP - 00242468 9/2712006 COPP CRUSHING CORP, DAN 285.00 AP - 00242469 9/27/2006 CORDOVA, CLAUDIA 79.00 AP - 00242470 9/27/2006 CRILLEY, NICOLE 91.00 AP - 00242472 9/27/2006 D 3 EQUIPMENT -190.74 AP - 00242472 9/27/2006 D 3 EQUIPMENT 191.51 AP - 00242472 9/27/2006 D 3 EQUIPMENT 1,052.89 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 371.74 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 793.04 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 413.76 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 276.92 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 656.20 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 508.58 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 793.04 AP - 00242473 9/27/2006 D AND K CONCRETE COMPANY 508.58 AP - 00242474 9/27/2006 D&S GRAPHIC DESIGN 492.54 AP - 00242474 9/2712006 D&S GRAPHIC DESIGN 357.23 AP - 00242475 9/27/2006 DALE ELECTRIC SERVICE INC. 39.60 AP - 00242476 9/27/2006 DAN GUERRA AND ASSOCIATES 36,455.00 AP - 00242476 9/27/2006 DAN GUERRA AND ASSOCIATES 18,855.00 AP - 00242476 9/27/2006 DAN GUERRA AND ASSOCIATES 36,809.00 AP - 00242476 9/27/2006 DAN GUERRA AND ASSOCIATES 11,665.00 AP - 00242476 9/27/2006 DAN GUERRA AND ASSOCIATES 2,500.00 AP - 00242478 9/27/2006 DE HESA, CALVIN 4,045.46 AP - 00242479 9/27/2006 DEERE COMPANY, JOHN 16,848.0 I AP - 00242479 9/27/2006 DEERE COMPANY, JOHN 16,848.01 AP - 00242480 9/27/2006 DELTA MICROIMAGING INC 350.68 AP - 00242481 9/27/2006 DENTAL HEALTH SERVICES 133.20 AP - 00242482 9/27/2006 DGO AUTO DETAILING 100.00 AP - 00242483 9/27/2006 DISONELL, THOMAS F. 250.00 AP - 00242484 9/27/2006 DMJM HARRIS 11,622.46 AP - 00242485 9/27/2006 EDWARDS, MYRA 80.00 AP - 00242486 9/27/2006 EFTYCHIOU, AUDREY 375.00 AP - 00242486 9/27/2006 EFTYCHIOU, AUDREY 150.00 AP - 00242487 9/27/2006 EIGHTH A VENUE GRAPHICS 1,083.40 AP - 00242488 9/27/2006 ELEPHANT SET 10,919.57 AP - 00242489 9/27/2006 EMPIRE MOBILE HOME SERVICE 1,339.60 AP - 00242490 9/27/2006 ESGlL CORPORATION 13,926.03 AP - 00242490 9/27/2006 ESGIL CORPORATION 32,828.19 AP - 00242490 9/27/2006 ESGIL CORPORATION 46,556.32 AP - 00242491 9/27/2006 ESPINO'S COP SHOP INC 129.08 ---. -..-- User: KFINCHER - Karen Fincher Page: 3 Current Date: 10111/2 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:41 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 9/27/2006 through 10/10/2006 P4 Check No. Check Date Vendor Name Amount AP - 00242492 9/27/2006 ETlWANDA SCHOOL DISTRJCT AP - 00242492 9/27/2006 ETIWANDA SCHOOL DISTRJCT AP - 00242493 9/27/2006 EWING IRRJGATION PRODUCTS AP - 00242493 9/27/2006 EWING IRRJGA TlON PRODUCTS AP - 00242493 9/27/2006 EWING IRRlGATION PRODUCTS AP - 00242493 9/27/2006 EWING IRRlGATION PRODUCTS AP - 00242494 9/27/2006 EXCEL TOWING AP - 00242495 9/27/2006 FAR DEVELOPMENT INC AP - 00242495 9/27/2006 FAR DEVELOPMENT INC AP - 00242495 9/27/2006 FAR DEVELOPMENT INC AP _ 00242496 9/27/2006 FEDERAL EXPRESS CORP AP - 00242496 9/27/2006 FEDERAL EXPRESS CORP AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP _ 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP _ 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP _ 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOC1ATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP _ 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242497 9/27/2006 FINESSE PERSONNEL ASSOCIATES AP - 00242499 9/27/2006 FISHER SCIENTIFIC AP - 00242499 9/27/2006 FISHER SCIENTIFlC AP - 00242499 9/27/2006 FISHER SCIENTIFIC AP - 00242500 9/27/2006 FLEET GLASS AP - 00242500 9/27/2006 FLEET GLASS AP - 00242500 9/27/2006 FLEET GLASS AP - 00242501 9/27/2006 FLEET STAR INC. AP - 00242504 9/27/2006 GADDIS, ALICIA AP - 00242505 9/27/2006 GAIL MATERJALS AP - 00242505 9/27/2006 GAIL MATERJALS AP - 00242506 9/27/2006 GALE, BRJAN AP - 00242507 9/27/2006 GALVAN, ANDREA AP - 00242508 9/27/2006 GARCES, GEORGINA -.--------- User: KFINCHER - Karen Fincher Page: 4 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 752.50 385.00 892.11 100.66 997.91 515.97 60.00 500.00 500.00 500.00 21.24 19.1 I 651.00 630.00 840.00 840.00 840.00 840.00 840.00 840.00 780.00 2,526.75 780.00 960.00 480.00 960.00 780.00 871.50 809.25 577.00 1,087.00 2,532.75 840.00 840.00 840.00 840.00 840.00 840.00 781.20 792.05 868.00 518.00 16.74 1,263.62 219.96 217.31 217.31 928.50 75.00 1,316.03 560.30 1,140.00 500.00 184.00 Current Date: 10/1 1/2 Time: 13:41 CITY OF RANCHO CUCAMONGA P5 Ae:enda Check Ree:ister 9/27/2006 through 10110/2006 Check No, Check Date Vendor Name Amount AP - 00242509 9/27/2006 GARRETT CONCRETE CORING AND SA WING ]]\ 385.00 AP - 00242509 9/27/2006 GARRETT CONCRETE CORING AND SA WING Il' 225.00 AP - 00242510 9/27/2006 GEOGRAPHICS 1,564.53 AP - 00242511 9/27/2006 GOODMAN AUDIO SERVICES 6,356.75 AP - 00242512 9/27/2006 GRADY, MERRILL 300.00 AP - 00242513 9/27/2006 GRAINGER 730.19 AP - 00242513 9/27/2006 GRAINGER 829.80 AP - 002425 I 3 9/27/2006 GRAINGER 163.82 AP - 00242513 9/27/2006 GRAINGER 38.60 AP - 00242513 9/27/2006 GRAINGER 580.88 AP - 00242513 9/27/2006 GRAINGER 172.86 AP - 00242513 9/27/2006 GRAINGER -568.38 AP - 00242513 9/27/2006 GRAINGER -1,055.08 AP - 002425\3 9/27/2006 GRAINGER 1,821.45 AP - 00242513 9/27/2006 GRAINGER -72.90 AP - 00242513 9/27/2006 GRAINGER 51.46 AP - 002425\3 9/27/2006 GRAINGER 38.60 AP - 002425 13 9/27/2006 GRAINGER 387.97 AP - 00242513 9/27/2006 GRAINGER 1,565.92 AP - 00242513 9/27/2006 GRAINGER 156.24 AP - 00242513 9/27/2006 GRAINGER 13.19 AP - 00242513 9/27/2006 GRAINGER 88.26 AP - 00242513 9/27/2006 GRAINGER 1,101.42 AP - 00242513 9/27/2006 GRAINGER 140.08 AP - 00242513 9/27/2006 GRAINGER -383.96 AP - 00242513 9/27/2006 GRAINGER 112.81 AP - 00242514 9/27/2006 GTSI CORP 11,481.94 AP - 00242514 9/27/2006 GTSI CORP 2,517.24 AP - 00242515 9/27/2006 HAAKER EQUIPMENT CO \90.52 AP - 00242515 9/27/2006 HAAKER EQUIPMENT CO 528.30 AP - 00242516 9/27/2006 HARDMAN, NADINE LEE 250.00 AP - 00242517 9/27/2006 HARRIS, WENDY 40.00 AP - 00242519 9/27/2006 HERRERA, CHRISTINA 100.00 AP - 00242520 9/27/2006 HOLIDAY CENTER 483.88 AP - 00242521 9/27/2006 HOLLIDAY ROCK CO INC 2,527.41 AP - 00242523 9/27/2006 HOOD, KARYE 62.93 AP - 00242524 9/27/2006 HOSE MAN INC 218.00 AP - 00242524 9/27/2006 HOSE MAN INC 7.41 AP - 00242524 9/27/2006 HOSE MAN INC 153.90 AP - 00242524 9/27/2006 HOSE MAN INC 85.43 AP - 00242524 9/27/2006 HOSE MAN INC 233.30 AP - 00242525 9/27/2006 HUANG, PRUDENCE 1,425.00 AP - 00242526 9/27/2006 HULS ENVIRONMENTAL MGT LLC 7,998.10 AP - 00242527 9/27/2006 HYDROSCAPE PRODUCTS INC 332.7\ AP - 00242528 9/27/2006 IBM CORPORATION 948.64 AP - 00242528 9/27/2006 IBM CORPORA TlON 341.1 0 AP - 00242530 9/27/2006 INLAND EMPIRE BUILDERS 15,000.00 AP - 00242531 9/27/2006 INLAND EMPIRE BUILDERS 1,000.00 AP - 00242532 9/27/2006 INLAND FAIR HOUSING AND MEDIATION 793.83 AP - 00242532 9/27/2006 INLAND FAIR HOUSING AND MEDIATION 1,075.57 AP - 00242532 9/27/2006 INLAND FAIR HOUSING AND MEDIATION 998.51 AP - 00242532 9/27/2006 INLAND FAIR HOUSING AND MEDIATION 762.39 AP - 00242533 9/27/2006 INLAND V ALLEY DAILY BULLETIN 893.60 AP - 00242533 9/27/2006 INLAND V ALLEY DAILY BULLETIN 350.40 ---- -- ------~---"--"- -- User: KFINCHER - Karen Fincher Page: 5 Current Date: 10111/2 Report:CK~AGENDA~REG]ORTRAIT~RC - CK: Agenda Check Register Portrait Layout Time: 13:41 CITY OF RANCHO CUCAMONGA Agenda Check Register .9127/2006 through 10/]0/2006 P6 Check No. Check Date Vendor Name Amount AP - 00242536 9/27/2006 ]NTERNETWORK EXPERTS ]NX INC. AP - 00242537 9/27/2006 ]NTERSTATE BATTERIES AP - 00242537 9/27/2006 INTERSTATE BATTER]ES AP - 00242538 9/27/2006 ]NTRA V AlA ROCK AND SAND INC AP - 00242538 9/27/2006 INTRA V AlA ROCK AND SAND INC AP - 00242539 9/27/2006 J J KELLER AND ASSOC ]NC AP - 00242539 9/27/2006 J J KELLER AND ASSOC INC AP - 00242540 9/27/2006 JOHNSON CONTROLS INC AP _ 00242541 9/27/2006 JOHNSTON CONSULT]NG, CHRIS AP - 00242542 9/27/2006 JONES, ROBERT AP - 00242543 9/27/2006 JUBILE, DENISE AP - 00242544 9/27/2006 KA]SER FOUNDATION HEALTH PLAN INC AP - 00242545 9/27/2006 KARATSU, ROBERT AP - 00242546 9/27/2006 KARl SOH, DANIEL T AP - 00242547 9/27/2006 KAZALBASCH, NEHA AP - 00242548 9/27/2006 KC PRINTING & GRAPHICS INC AP - 00242549 9/27/2006 KLAUS AND SONS AP - 00242549 9/27/2006 KLAUS AND SONS AP - 00242549 9/27/2006 KLAUS AND SONS AP - 00242551 9/27/2006 KONE INC AP - 00242552 9/27/2006 KVCR EDUCATIONAL FOUNDAT]ON AP - 00242553 9/27/2006 LAM, JACK AP - 00242554 9/27/2006 LASER TECHNOLOGY INC AP - 00242554 9/27/2006 LASER TECHNOLOGY INC AP - 00242555 9/27/2006 LATHAN, YVETTE AP - 00242555 9/27/2006 LA THAN, YVETTE AP - 00242556 9/27/2006 LAWSON PRODUCTS INC AP - 00242557 9/27/2006 LEDESMA AND MEYER CONSTRUCTION CO AP - 00242558 9/27/2006 LEINWEBER, MICHAEL AP - 00242559 9/27/2006 LEMUS, ALEXANDRA AP - 00242561 9/27/2006 LITTLE BEAR PRODUCTIONS AP - 00242562 9/27/2006 LOGAN SUPPLY COMPANY ]NC AP - 00242563 9/27/2006 LOVE PRODUCTIONS AP - 00242565 9/27/2006 MA]N STREET SIGNS AP - 00242565 9/27/2006 MAIN STREET SIGNS AP - 00242566 9/27/2006 MANSOURI,IRAJ AP - 00242567 9/27/2006 MARK CHRISTOPHER INC AP - 00242567 9/27/2006 MARK CHR]STOPHER INC AP - 00242567 9/27/2006 MARK CHRISTOPHER INC AP - 00242568 9/27/2006 MARTINEZ UNION SERVICE AP - 00242569 9/27/2006 MCCAULEY, STELLA AP - 0024257] 9/27/2006 MIDWEST TAPE AP - 00242571 9/27/2006 MIDWEST TAPE AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242572 9/27/2006 MIJAC ALARM COMPANY AP - 00242573 9/27/2006 MITY LITE ]NC. AP - 00242574 9/27/2006 MORTON, JULIE AP - 00242575 9/27/2006 MYERS T]RE AP - 00242576 9/2712006 NAFFZ]GER, MICHAEL User: KFINCHER - Karen Fincher Page: 6 Report:CK_AGENDA_REG]ORTRA]T_RC - CK: Agenda Check Register Portrait Layout 4,955.42 ]85.22 475.39 ]50.85 ]50.85 165.00 8.16 40.50 625.00 2,660.00 40.00 94,029.30 10.00 1,000.00 40.00 704.09 7,450.00 5,800.00 350.00 4]0.00 2,000.00 1]0.36 150.86 400.04 90.00 50.00 88.95 ]0,000.00 40.00 79.00 585.00 51.47 3,000.00 980.53 237.05 4,200.00 ]25.12 18.62 29.95 45.00 55.00 45.98 45.98 7,304.40 384.00 300.00 1,864.60 600.00 96.00 1,696.96 ],238.19 40.00 23.43 750.00 Current Date: ] Oil 1/2 Time: ]3:41 CITY OF RANCHO CUCAMONGA P7 Al!enda Check Rel!ister 9/27/2006 through ]0110/2006 Check No. Check Date Vendor Name Amount AP - 00242577 9/27/2006 NAPA AUTO PARTS 221.29 AP - 00242577 9/27/2006 NAPA AUTO PARTS 34.56 AP - 00242577 9/27/2006 NAPA AUTO PARTS 91.67 AP - 00242577 9/27/2006 NAPA AUTO PARTS 18.51 AP - 00242577 9/27/2006 NAPA AUTO PARTS 22.44 AP - 00242577 9/27/2006 NAPA AUTO PARTS 9.76 AP - 00242577 9/27/2006 NAPA AUTO PARTS -43.94 AP - 00242578 9/27/2006 NA T]ONAL AN]MAL CONTROL ASSOC]A TION 40.00 AP - 00242579 9/27/2006 NATIONAL CONSTRUCTION RENTALS ]43.52 AP - 00242580 9/27/2006 NAT]ONAL DEFERRED 2],782.73 AP - 0024258] 9/27/2006 NEWMAN, SHA 1,316.00 AP - 00242582 9/27/2006 NEWPORT PRINTING SOLUTIONS 46.28 AP - 00242583 9/27/2006 NEXTEL 696.18 AP - 00242584 9/27/2006 NICOLS, KRIST]E 500.00 AP - 00242585 9/27/2006 NIKPOUR, MOHAMMED 96.00 AP - 00242586 9/27/2006 NIKPOUR, SHIRlN 24.00 AP - 00242587 9/27/2006 NIMCO INC ] ]5.]3 AP - 00242589 9/27/2006 o C B REPROGRAPH]CS ]NC 9.43 AP - 00242589 9/27/2006 o C B REPROGRAPH]CS ]NC 53.55 AP - 00242589 9/27/2006 o C B REPROGRAPHICS INC 20.90 AP - 00242590 9/27/2006 OCLCINC 44.30 AP - 00242591 9/27/2006 ODUYEMI, SOLA 250.00 AP - 00242592 9/27/2006 OFF]CE DEPOT 213.18 AP - 00242592 9/27/2006 OFFICE DEPOT 22.15 AP - 00242592 9/27/2006 O.FF]CE DEPOT 26.64 AP - 00242592 9/27/2006 OFFICE DEPOT ],087.09 AP - 00242592 9/27/2006 OFF]CE DEPOT 112.00 AP - 00242592 9/27/2006 OFFICE DEPOT 856.54 AP - 00242592 9/27/2006 OFFICE DEPOT 17.50 AP - 00242592 9/27/2006 OFFICE DEPOT 57.69 AP - 00242592 9/27/2006 OFFICE DEPOT 3.90 AP - 00242592 9/27/2006 OFFICE DEPOT 31.42 AP - 00242592 9/27/2006 OFFICE DEPOT 126.38 AP - 00242592 9/27/2006 OFFICE DEPOT 39.58 AP - 00242592 9/27/2006 OFFICE DEPOT 29.09 AP - 00242592 9/27/2006 OFF]CE DEPOT 9.99 AP - 00242592 9/27/2006 OFFICE DEPOT 3.33 AP - 00242592 9/27/2006 OFF]CE DEPOT 829.85 AP - 00242592 9/27/2006 OFFICE DEPOT 29.24 AP - 00242592 9/27/2006 OFFICE DEPOT 34.89 AP - 00242592 9/27/2006 OFFICE DEPOT 413.68 AP - 00242592 9/27/2006 OFFICE DEPOT 6]6.55 AP - 00242592 9/27/2006 OFF]CE DEPOT 22.30 AP - 00242592 9/27/2006 OFFICE DEPOT 71.76 AP - 00242592 9/27/2006 OFFICE DEPOT 67.87 AP - 00242592 9/27/2006 OFF]CE DEPOT 78.46 AP - 00242592 9/27/2006 OFFICE DEPOT -8.46 AP - 00242593 9/27/2006 OFFICE MAX CONTRACT INC 65.73 AP - 00242594 9/27/2006 ONESOURCE DISTRlBUTORS INC.' -41.43 AP - 00242594 9/27/2006 ONESOURCE DISTRlBUTORS ]NC. 193.48 AP - 00242594 9/27/2006 ONE SOURCE DISTRlBUTORS INC. 613.30 AP - 00242594 9/27/2006 ONESOURCE DISTRIBUTORS INC. 1,053.15 AP - 00242594 9/2712006 ONESOURCE DISTRIBUTORS INC. 250.12 AP - 00242594 9/27/2006 ONESOURCE DISTRlBUTORS INC. 593.65 User: KFINCHER - Karen Fincher Page: 7 Current Date: 10111/2 Report:CK_AGENDA_REG]ORTRA]T_RC - CK: Agenda Check Register Portrait Layout Time: 13:4! CITY OF RANCHO CUCAMONGA Ae:enda Check Ree:ister 9/27/2006 through] 0/1 0/2006 Check Date Vendor Name P8 Check No. Amount AP - 00242594 9/27/2006 ONE SOURCE DISTRIBUTORS INC. AP - 00242594 9/27/2006 ONESOURCE DISTRIBUTORS INC. AP - 00242594 9/27/2006 ONESOURCE DISTRlBUTORS INC. AP - 00242594 9/27/2006 ONE SOURCE DISTRlBUTORS INC. AP - 00242594 9/27/2006 ONESOURCE DISTRlBUTORS INC. AP - 00242594 9/27/2006 ONESOURCE DISTRlBUTORS INC. AP _ 00242594 9/27/2006 ONESOURCE DISTRlBUTORS INC. AP - 00242594 9/27/2006 ONESOURCE DISTRIBUTORS INC. AP - 00242595 9/27/2006 ORKIN PEST CONTROL AP - 00242595 9/27/2006 ORKIN PEST CONTROL AP - 00242595 9/27/2006 ORKIN PEST CONTROL AP - 00242596 9/27/2006 OWEN ELECTRlC INC AP - 00242596 912712006 OWEN ELECTRIC INC AP - 00242596 912712006 OWEN ELECTRIC INC AP - 00242597 912712006 PAP A AP - 00242598 9/27/2006 PACIFICARE OF CALIFORNIA AP - 00242599 9127/2006 PACIF]CARE OF CALIFORNIA AP - 00242600 9/27/2006 PARRY, STUART AP - 00242602 9/27/2006 PENINSULA LIBRARY SYSTEM AP - 00242603 9/27/2006 PEP BOYS AP -.00242604 9/27/2006 PEPES TOWING SERVICE AP - 00242605 9/27/2006 PERVO PAINT CO AP - 00242605 9/27/2006 PERVO PAINT CO AP - 00242606 9/27/2006 PETERSON, JILL AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/2712006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE ]NC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242607 9/27/2006 PETES ROAD SERVICE INC AP - 00242608 9/27/2006 PHONG, BRYAN AP - 00242611 9/27/2006 PIONEER MANUFACTURlNG AP - 002426]4 9/27/2006 POMA DISTRlBUTING CO AP - 00242615 9/27/2006 POMONA FIRST FEDERAL AP - 002426]6 9/27/2006 PORAC LEGAL DEFENSE FUND AP - 002426]7 9/27/2006 POSTER SOLUTIONS AP - 002426 I 7 9/27/2006 POSTER SOLUTIONS AP - 00242618 9/27/2006 POUK AND STEINLE INC. AP - 00242619 9/27/2006 POWER PLUS AP - 00242619 9/27/2006 POWER PLUS AP - 00242620 9/27/2006 PRE-PAID LEGAL SERVICES INC AP - 00242621 9/27/2006 PRESTIGE HOMES AP - 00242622 9/27/2006 PRlNCIP AL LIFE AP - 00242623 9/27/2006 PRlZIO CONSTRUCTION INC AP - 00242623 9/27/2006 PRIZ]O CONSTRUCTION INC AP - 00242624 9/27/2006 QUICKSTART INTELLIGENCE AP - 00242625 9/27/2006 RANCHO CUCAMONGA CHAMBER OF COMMEI AP - 00242626 9/27/2006 RANDOM HOUSE INC AP - 00242627 9/27/2006 RAULS AUTO TRlM INC AP - 00242628 9/27/2006 RBM LOCK AND KEY SERVICE User: KFINCHER - Karen Fincher Page: 8 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 211.16 133.62 254.54 853.08 96.98 86.84 219.47 -528.84 ]50.00 886.00 922.35 149.10 464.84 150.12 65.00 79,615.26 46,273.30 132.00 75.00 37.66 150.00 758.56 ] ,672.28 57.00 6.00 -258.88 258.88 -506.37 21.00 802.71 506.37 506.37 258.88 -80.81 350.00 1,981.98 ],606.36 15,000.00 90.00 105.00 30.57 19,386.33 25.00 25.00 34.20 5,000.00 1,955.00 6,025.00 -602.50 1,050.00 130.00 83.05 168.88 25.86 Current Date: 10/1 1/2 Time: ]3:41 Check No. AP - 00242629 AP - 00242630 AP - 0024263 I AP - 00242632 AP - 00242633 AP - 00242634 AP - 00242635 AP - 00242635 AP - 00242636 AP - 00242637 AP - 00242638 AP - 00242638 AP - 00242638 AP - 00242638 AP - 00242639 AP - 00242640 AP - 00242641 AP - 00242642 AP - 00242643 AP - 00242645 AP - 00242648 AP - 00242649 AP - 00242650 AP - 00242651 AP - 00242652 AP - 00242653 AP - 00242653 AP - 00242655 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 AP - 00242656 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 9/27/2006 through 10/1 0/2006 Check Date Vendor Name 9/27/2006 RCPF A 9/27/2006 RDO EQUIPMENT COMPANY 9/27/2006 RDO EQUIPMENT CO 9/27/2006 RED WING SHOE STORE 9/27/2006 RED WING SHOE STORE 9/27/2006 REID, KELLY 9/27/2006 ROBLES SR, RAUL P 9/27/2006 ROBLES SR, RAUL P 9/27/2006 ROBLES, RAMON 9/27/2006 RODGERS AND HAMMERSTEIN THEATRE LIBR 9/27/2006 RODRIGUEZ INC, R Y 9/27/2006 RODRIGUEZ INC, R Y 9/27/2006 RODRIGUEZ INC, R Y 9/27/2006 RODRIGUEZ INC, R Y 9/27/2006 RODRIGUEZ, NORMA LINDA 9/27/2006 ROSILLO, JUAN 9/27/2006 SAND S HARDWARE 9/27/2006 SADIE CONSTRUCTION INC 9/27/2006 SALMI, RALPH 9/27/2006 SAN BERNARDINO COUNTY 9/27/2006 SAN BERNARDINO CTY SHERIFFS DEPT 9/27/2006 SAN BERNARDINO CTY SHERIFFS DEPT 9/27/2006 SANTOS, MANNY 9/27/2006 SARKANI, CLAUDETTE 9/27/2006 SCWMF 9/27/2006 SEMMATERIALS L P 9/27/2006 SEMMATERIALS L P 9/27/2006 SHAW, STEVE 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9127/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9127/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA 9/27/2006 SHOETERIA _.-- _._--_.__._-----~--_.._.,. User: KFINCHER - Karen Fincher Page: 9 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout pg Amount 7,298.60 332.86 33.33 146.53 137.37 52.00 65.00 65.00 72.00 915.46 306.50 96.50 240.00 199.20 718.61 500.00 409.45 49,951.00 500.00 34.26 316.00 10,004.95 48.00 48.00 300.00 130.42 209.80 61.00 164.84 164.84 189.08 83.64 155.15 83.64 92.12 174.53 198.78 200.00 200.00 121.21 121.21 100.00 100.00 179.38 200.00 200.00 200.00 198.78 200.00 200.00 200.00 200.00 200.00 189.Q7 Current Date: 10/1 1/2 Time: 13:41 CITY OF RANCHO CUCAMONGA P10 Al!enda Check Rel!ister 9/27/2006 through 10/10/2006 Check No. Check Date Vendor Name Amount AP - 00242656 9/27/2006 SHOETERlA 193.93 AP - 00242658 9/27/2006 SIGN SHOP, THE 1,185.25 AP - 00242659 9/27/2006 SIMS, ANDREA 45.00 AP - 00242661 9/27/2006 SO CALIF GAS COMPANY 91.75 AP - 00242661 9/27/2006 SO CALIF GAS COMPANY 850.31 AP - 00242662 9/27 /2006 SOLOMON, VICTORIA 34.00 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 48.50 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 78.47 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON \2.98 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.41 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.60 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.67 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.24 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.49 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON ]2.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 93.13 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.17 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.67 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 129.96 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.85 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.66 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON ]3.85 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.17 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.66 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.66 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 91.10 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.98 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 131.38 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 30.19 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 109.29 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 29.16 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.85 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.24 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 6,129.85 AP - 00242670 9/27/2006 SOUTHERN CALIFORN]A EDISON 13.66 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.81 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 14.02 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 10.54 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 18.39 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON \2.55 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 12.38 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 20.73 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 24.25 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.49 AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON 13.60 .__._~------- - User: KFINCHER - Karen Fincher Page: ]0 Current Date: 10/11/2 Report:CK~AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:41 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 9/27/2006 through 1011 0/2006 P11 Check No. Check Date Vendor Name Amount AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006. SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN.CALlFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: I I Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 12.81 31.92 12.81 13.67 17.12 15.81 13.42 14.00 12.81 203.18 42.36 12.81 12.81 14.43 12.81 13.24 17.30 58.42 14.19 12.38 12.55 78.94 13.24 13.92 12.81 13.3 I 12.38 12.38 12.81 49.62 14.10 35.28 13.24 15.48 13.06 13.85 13.49 344.79 66.04 7.00 12.81 13.24 13.24 12.74 12.98 61.52 13.42 12.81 83.09’36.73 1,146.86 154.24 12.74 151.83 Current Date: 10111/2 Time: 13:41 Check No. CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 912712006 through 1011 012006 Check Date Vendor Name P12 Amount AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP _ 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP _ 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP _ 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP _ 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 . 912712006 SOUTHERN CALIFORNIA EDISON AP _ 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 912712006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 12 Report: CK _AGENDA_REG _PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout 12.81 12.81 101.14 12.81 12.81 29.32 14.36 209.42 9,529.73 12.81 13.66 35.61 12.81 14.00 13.24 12.38 13.24 12.38 12.81 12.81 13.06 12.38 12.38 51.10 51.65 59.69 27.01 12.38 83.53 12.81 82.11 53.50 1,497.50 59.55 12.81 14.10 81.04 40.97 12.38 62.63 174.01 12.38 26.10 26.10 15.07 368.47 12.38 12.38 12.81 12.81 13.24 81.15 12.81 12.81 Current Date: 1011112 Time: 13:41 CITY OF RANCHO CUCAMONGA A!!enda Check Re!!ister 9/27/2006 through 10/10/2006 P13 Check Date Vendor Name Amount Check No. AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/2712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/2712006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 13 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 20.42 12.74 63.93 13.93 41.38 12.38 12.98 150.32 12.81 12.98 89.54 13.06 17.71 13.67 13.67 12.38 113.38 12.38 12.81 42.56 57.80 45.97 13.85 12.98 13.31 13.67 84.91 16.18 12.81 14.00 88.97 12.81 14.68 12.98 12.55 12.81 78.94 101.24 113.57 120.78 1 I 1.24 71.57 96.77 334.1 I 13.24 112.88 24.87 39.66 105.64 13.67 12.98 13.67 56.73 18.67 Current Date: 10/11/2 Time: 13 :41 CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 9/27/2006 through 10/10/2006 Check No. Check Date Vendor Name AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242670 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 0024267\ 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242671 9/27/2006 SOUTHERN CALIFORNIA EDISON AP - 00242672 9/27/2006 SOUTHLAND SPORTS OFFICIALS AP - 00242673 9/27/2006 SPARKLETTS AP - 00242674 9/27/2006 SSDC LEAGUE HEALTH FUND AP - 00242675 9/27/2006 SSDC LEAGUE PENSION FUND AP - 00242676 9/27/2006 STAMEN, TED AP - 00242677 9/27/2006 STANDARD INSURANCE COMPANY AP - 00242678 9/27/2006 STATE HUMANE ASSOCIATION OF CALIFORNI, AP - 00242679 9/27/2006 STECYK, SUSAN AP - 00242680. 9/27/2006 STEELWORKERS OLDTIMERS FOUNDATION AP - 00242680 9/27/2006 STEELWORKERS OLDTIMERS FOUNDATION AP - 00242680 9/27/2006 STEEL WORKERS OLDTIMERS FOUNDATION AP - 00242681 9/27/2006 STICKY NOTES INC AP - 00242682 9/27/2006 SULLENS, TERRY AP - 00242683 9/27/2006 SULLY-MILLER CONTRACTING COMPANY AP - 00242684 9/27/2006 SUN BADGE CO AP - 00242685 9/27/2006 SUNRISE FORD AP - 00242685 9/27/2006 SUNRISE FORD AP - 00242685 9/27/2006 SUNRISE FORD AP - 00242686 9/27/2006 T AND D INSTALLATIONS AP - 00242687 9/27/2006 TARIN, LISA AP - 00242688 9/27/2006 TAYLOR, JENNIFER AP - 00242689 9/27/2006 THEATRE COMPANY, THE AP - 00242690 9/27/2006 THOMPSON PUBLISHING GROUP AP - 00242691 9/27/2006 TOBIAS, LA TASHA L AP - 00242692 9/27/2006 TOMARK SPORTS INC AP - 00242693 9/27/2006 TORRES, JESSICA AP - 00242695 9/27/2006 TUCKER & SON INC, J G AP - 00242696 9/27/2006 UMPS ARE US ASSOCIATION User: KFINCHER - Karen Fincher Page: 14 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout P14 Amount 14.19 15.48 13.24 14.85 ] 9,429.89 181.47 48.37 39.64 38.26 2,858.20 98.83 7,749.01 677.24 9,116.09 38,245.52 9,253.95 3,059.47 39.02 29.12 30.25 44.24 14,992.80 4,212.90 2,868.67 2,727.75 12,\20.96 871.50 145.80 750.00 316.00 250.00 391.21 175.00 85.00 708.33 708.33 596.96 1,000.00 80.00 8],025.00 355.15 224.78 235.37 83.75 2\7.40 57.00 62.00 252.53 497.50 300.00 765.96 51.62 54.45 320.00 Current Date: 10/11/2 Time: 13:41 Check No. AP - 00242696 AP - 00242697 AP - 00242697 AP - 00242697 AP - 00242697 AP - 00242698 AP - 00242699 AP - 00242700 AP - 0024270 I AP - 00242701 AP - 00242701 AP - 00242702 AP - 00242703 AP - 00242704 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242705 AP - 00242706 AP - 00242707 AP - 00242707 AP - 00242708 AP - 00242709 AP - 00242709 AP - 00242710 AP - 00242711 AP - 00242712 AP - 00242712 AP - 00242712 AP - 00242712 AP - 00242712 AP - 00242712 AP - 00242713 AP - 00242714 AP - 00242714 AP - 00242714 AP - 00242714 CITY OF RANCHO CUCAMONGA Ae:enda Check Ree:ister 9/27/2006 through 1011 0/2006 Check Date Vendor Name 9/27/2006 UMPS ARE US ASSOCIA nON 9/27/2006 UNIFIRST UNIFORM SERVICE 9/27/2006 UNIFIRST UNIFORM SERVICE 9/27/2006 UNIFIRST UNIFORM SERVICE 9/2712006 UNIFIRST UNIFORM SERVICE 9/27/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 9/27/2006 UNITED SITE SERVICES OF CA INC 9/27/2006 UNITED WAY 9/27/2006 UPLAND ANIMAL HOSPITAL 9/27/2006 UPLAND ANIMAL HOSPITAL 9/27/2006 UPLAND ANIMAL HOSPITAL 9/27/2006 UPS 9/27/2006 URQUIZU, MARIA 9/27/2006 VALDEZ, SUSAN 9/27/2006 VERIZON 9/27/2006 VERlZON 9/27/2006 VERlZON 9/27/2006 VERlZON 9/27/2006 VERIZON 9/27/2006 VERIZON 9/27/2006 VERIZON 9i27/2006 VERIZON 9/27/2006 VERIZON 9127/2006 VERlZON 9/27/2006 VERlZON 9/27/2006 VERIZON 9/27/2006 VERlZON 9127/2006 VERIZON 9/27/2006 VERIZON 9/27/2006 VERlZON 9/27/2006 VERIZON 9/27/2006 VERlZON 9/27/2006 VERIZON 9/27/2006 VERIZON 9/27/2006 VERIZON 9127/2006 VIDEO GUYS, THE 9/27/2006 VIGILANCE, TERRENCE 9/27/2006 VIGILANCE. TERRENCE 9/27/2006 VI LAN, MARCELLA 912712006 VILLAGE NURSERIES WHOLESALE LLC 912712006 VILLAGE NURSERIES WHOLESALE LLC 9/27/2006 VILLENAS, FABIAN 9127/2006 VISION SERVICE PLAN CA 9/27/2006 VISTA PAINT 9/27/2006 VISTA PAINT 9/27/2006 VISTA PAINT 912712006 VISTA PAINT 9/27/2006 VISTA PAINT 9/27/2006 VISTA PAINT 9/27/2006 W ALTERS WHOLESALE ELECTRIC CO 9/2712006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 912712006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL User: KFINCHER - Karen Fincher Page: 15 Report: CK _AG ENDA _REG ]ORTRAIT _ RC - CK: Agenda Check Register Portrait Layout P15 Amount 1,932.00 849.27 49.62 23.37 145.69 1,649.72 132.71 31.00 224.01 1,476.75 1,402.49 29.88 184.00 74.00 83.18 75.14 450.25 95.95 46.61 40.05 27.66 85.70 89.91 18.87 89.91 28.15 89.91 27.66 257.54 58.73 37.27 89.91 135.15 55.35 623.80 251.94 1,850.00 1.80000 16.00 329.72 258.28 101.46 9,328.32 10.96 598.75 299.37 26.57 700.38 560.30 125.27 252.05 437.25 401.35 395.50 Current Date: 10111/2 Time: 13 :41 Check No. AP - 00242714 AP - 00242714 AP - 00242714 AP - 00242714 AP - 00242714 AP - 00242714 AP - 00242714 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242715 AP - 00242716 AP . 00242717 AP.00242717 Ap.00242717 AP . 00242717 AP . 00242717 AP . 00242717 AP . 00242717 Ap.00242717 Ap.00242718 AP . 00242719 AP . 00242720 AP . 00242720 AP . 00242720 AP . 00242720 AP . 00242720 AP . 00242720 AP . 00242720 AP . 00242720 AP . 00242720 Ap.00242720 AP . 00242720 AP . 00242720 Ap.00242720 Ap.00242720 AP . 00242720 AP . 00242720 Ap.00242720 AP . 00242720 AP . 00242720 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 9/27/2006 through 10/10/2006 P16 Check Date Vendor Name Amount 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WARREN & CO INC, CARL 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAX IE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 W AXlE SANIT AR Y SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 W AXlE SANITARY SUPPLY 9/27/2006 W AXlE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 W AXlE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WAXIE SANITARY SUPPLY 9/27/2006 WELLBROCK BUILDERS 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WELLS FARGO BANK 9/27/2006 WEST END MATERIAL SUPPLY 9/27/2006 WEST PAYMENT CENTER 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST VALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST VALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 9/27/2006 WEST V ALLEY MRF LLC 84.55 527.00 96.65 320.35 344.59 188.52 194.28 177.48 316.27 16.67 232.20 505.52 105.51 186.02 92.23 269.78 146.13 37.18 678.83 67.82 134.30 2,948.69 188.92 1,435.96 500.00 1,000.00 1,000.00 1,000.00 2,000.00 830.00 170.00 1,750.00 1,750.00 85.10 268.27 162.00 77.25 84.50 88.50 243.50 44.25 104.75 146.50 102.50 147.00 120.25 80.00 73.75 147.00 55.25 93.25 117.50 96.25 114.50 Current Date: 10/11/2 Time: 13:41 User: KFINCHER. Karen Fincher Page: 16 Report:CK_AGENDA_REG_PORTRAIT_RC. CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA P17 Agenda Check Register 9/27/2006 through 1011 0/2006 Check No. Check Date Vendor Name Amount AP - 00242720 9/27/2006 WEST V ALLEY MRF LLC 81.75 AP - 00242720 9/27/2006 WEST V ALLEY MRF LLC 146.50 AP - 00242721 9/27/2006 WESTERN MEDICAL SUPPLY INC 1,702.45 AP - 00242721 9/27/2006 WESTERN MEDICAL SUPPLY INC 786.49 AP . 00242721 9/27/2006 WESTERN MEDICAL SUPPLY INC 48.49 AP - 00242721 9/27/2006 WESTERN MEDICAL SUPPLY INC 769.23 AP - 00242722 9/27/2006 WESTRUX INTERNATIONAL INC -116.37 AP . 00242722 9/27/2006 WESTRUX INTERNATIONAL INC 491.91 AP - 00242723 9/27/2006 WHITTIER FERTILIZER 447.16 AP - 00242724 9/27/2006 WILSON AND BELL ] 13.00 AP - 00242725 9/27/2006 WORD MILL PUBLISHING 375.00 AP - 00242725 9/27/2006 WORD MILL PUBLISHING 700.00 AP - 00242726 9/27/2006 XEROX CORPORATION 176.33 AP - 00242727 9/27/2006 YEE, LARRY 18.00 Ap.00242728 9/27/2006 YORK INDUSTRJES 948.20 AP - 00242729 9/28/2006 COLLETTE TRAVEL SERVICE INC. 3,280.30 AP - 00242729 9/28/2006 COLLETTE TRAVEL SERVICE INC. 4,508.30 AP - 00242731 10/4/2006 41 I PUBLISHING 2,808.00 AP - 00242732 ] 0/4/2006 A AND A AUTOMOTIVE 200.43 AP - 00242732 10/4/2006 A AND A AUTOMOTIVE 458.60 AP - 00242733 10/4/2006 A AND K 30 MIN PHOTO LAB INC 34.48 AP - 00242734 10/4/2006 AA EQUIPMENT RENTALS CO INC 88.89 AP - 00242734 10/4/2006 AA EQUIPMENT RENTALS CO INC 350.19 AP - 00242735 10/4/2006 ABC LOCKSMITHS 10.78 AP - 00242735 ] 0/4/2006 ABC LOCKSMITHS 54.95 AP - 00242735 10/4/2006 ABC LOCKSMITHS 267.36 AP - 00242735 10/4/2006 ABC LOCKSMITHS 36.64 AP - 00242735 10/4/2006 ABC LOCKSMITHS 6.47 AP - 00242735 10/4/2006 ABC LOCKSMITHS 19.91 AP - 00242735 10/4/2006 ABC LOCKSMITHS 237.05 AP . 00242735 10/4/2006 ABC LOCKSMITHS 19.61 AP - 00242735 10/4/2006 ABC LOCKSMITHS 23.38 AP - 00242735 10/4/2006 ABC LOCKSMITHS 355.58 AP - 00242735 10/4/2006 ABC LOCKSMITHS 81.14 AP - 00242735 10/4/2006 ABC LOCKSMITHS 45.79 AP - 00242735 10/4/2006 ABC LOCKSMITHS 28.93 AP - 00242735 10/4/2006 ABC LOCKSMITHS 25.97 AP . 00242736 10/4/2006 ABLAC 217.58 AP - 00242737 10/4/2006 ACUNA, JAMI 25.00 AP - 00242738 10/4/2006 ADVINCULA, MALAYA 500.00 AP - 00242740 10/4/2006 ALL CITY MANAGEMENT SERVICES INC. 3,902.57 AP - 00242740 10/4/2006 ALL CITY MANAGEMENT SERVICES INC. 4,854.08 AP - 00242741 10/4/2006 ALL WELDING 125.00 AP - 00242742 10/4/2006 AL T A FIRE EQUIPMENT CO 47.05 AP - 00242743 10/4/2006 AMERICAN ROTARY BROOM CO. INC. 249.28 AP - 00242744 10/4/2006 AMTECH ELEVATOR SERVICES 146.31 AP - 00242744 10/4/2006 AMTECH ELEVATOR SERVICES 195.97 AP - 00242745 10/4/2006 ARAMARK UNIFORM SERVICES 6.70 AP - 00242746 10/4/2006 ARBOR NURSERY PLUS 581.85 AP - 00242747 10/4/2006 ARCH WIRELESS 441.32 AP - 00242748 10/4/2006 ARCHITERRA DESIGN GROUP 5,475.00 AP - 00242748 10/4/2006 ARCHITERRA DESIGN GROUP 2,217.60 AP - 00242748 10/4/2006 ARCHITERRA DESIGN GROUP 362.23 AP - 00242749 10/4/2006 AT&T LONG DISTANCE 1,363.03 User: KFINCHER. Karen Fincher Page: 17 Current Date: lOll 1/2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:4! CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 9/27/2006 t.hrough 10/1 0/2006 Check Date Vendor Name P18 Check No. Amount AP - 00242750 10/4/2006 AT&T AP - 00242750 10/4/2006 AT&T AP - 00242750 10/4/2006 AT&T AP - 00242752 10/4/2006 AUFBAU CORPORATION AP - 00242752 10/4/2006 AUFBAU CORPORA TlON AP - 00242752 10/4/2006 AUFBAU CORPORATION AP . 00242752 10/4/2006 AUFBAU CORPORATION AP - 00242753 10/4/2006 AUTO BODY 2000 AP - 00242754 10/4/2006 A YSO REGION 65 Ap.00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE. AP - 00242755 10/4/2006 BAND K ELECTRIC WHOLESALE AP - 00242756 10/4/2006 BADOY. ARLENE LUBRlNO AP - 00242757 10/4/2006 BALDERRAMA, AMANDA AP - 00242758 10/4/2006 BALLAY, DIANNE AP - 00242759 10/4/2006 BALLOONS R US INC/UNITED CALIF FACTORS AP - 00242760 10/4/2006 BARKERS FOOD MACHINERY SERVICE AP - 00242761 10/4/2006 BARNES AND NOBLE AP - 00242761 10/4/2006 BARNES AND NOBLE AP - 00242761 10/4/2006 BARNES AND NOBLE Ap.00242762 10/4/2006 BEARINGS AND DRIVES INC AP - 00242762 10/4/2006 BEARINGS AND DRIVES INC AP - 00242763 10/4/2006 BEl BETTER ENERGY IDEAS AP - 00242764 10/4/2006 BELLlTTI, NATHALIE AP - 00242765 10/4/2006 BENNETT, JENNIFER AP - 00242766 10/4/2006 BERG ELECTRIC CORPORATION AP - 00242766 10/4/2006 BERG ELECTRIC CORPORATION AP - 00242767 10/4/2006 BERNELL HYDRAULICS INC AP - 00242768 10/4/2006 BEST BEST AND KRIEGER AP - 00242768 10/4/2006 BEST BEST AND KRIEGER AP - 00242769 10/4/2006 BISHOP COMPANY AP - 00242769 10/4/2006 BISHOP COMPANY AP - 00242769 10/4/2006 BISHOP COMPANY AP - 00242769 10/4/2006 BISHOP COMPANY Ap.00242770 10/4/2006 BLACK, MARYA AP - 00242772 10/4/2006 BONDAD, CESAR AP - 00242775 10/4/2006 BUTSKO UTILITY DESIGN INC. AP - 00242775 10/4/2006 BUTSKO UTILITY DESIGN INC. AP . 00242776 10/4/2006 BUTSKO UTILITY DESIGN INC AP - 00242777 10/4/2006 CALBO AP - 00242778 10/4/2006 CALIFORNIA, STATE OF AP - 00242779 10/4/2006 CALIFORNIA, STATE OF AP - 00242780 10/4/2006 CALIFORNIA, STATE OF AP - 00242781 10/4/2006 CALIFORNIA, STATE OF AP - 00242782 10/4/2006 CALL, KARAL YNNE AP - 00242782 10/4/2006 CALL, KARAL YNNE User: KFINCHER - Karen Fincher Page: 18 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 2,961.67 169.80 110.78 8,510.00 Il,618.00 5,920.00 14,208.00 413.34 200.00 32.21 33.62 68.96 33.62 680.88 20'3.65 192.05 32.21 363.02 234.13 297.33 24.00 500.00 50.00 60.34 200.25 530.49 30.84 1,117.43 27.69 89.32 222.70 80.00 89.83 32,388.00 -3,238.80 292.19 6,423.60 5,828.40 800.00 800.00 444.49 800.00 49.00 89.00 937.18 9,097.94 1,327.25 3,750.00 43.31 344.79 25.00 380.00 184.00 10.00 Current Date: 10/11/2 Time: 13 :41 Check No. CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 9/27/2006 through 10/]0/2006 Check Date Veodor Name P19 Amount AP - 00242783 10/4/2006 CARRILLO, TRINA AP - 00242784 ] 0/4/2006 CENTRAL CITIES SIGNS INC AP - 00242784 ]0/4/2006 CENTRAL CIT]ES SIGNS INC AP - 00242784 10/4/2006 CENTRAL CITIES SIGNS INC AP - 00242784 10/4/2006 CENTRAL CITIES SIGNS ]NC AP - 00242784 ] 0/4/2006 CENTRAL CIT]ES SIGNS ]NC AP - 00242784 ] 0/4/2006 CENTRAL CITIES SIGNS INC AP - 00242785 10/412006 CERTIF]ED TOWING AP - 00242786 ] 0/4/2006 CHAMBERS, JAN]ENNE AP - 00242787 ]0/4/2006 CHARTER COMMUNICATIONS AP - 00242787 10/4/2006 CHARTER COMMUN]CA TIONS AP - 00242787 10/4/2006 CHARTER COMMUN]CA TIONS AP - 00242788 1014/2006 CHEMSEARCH AP - 00242789 ]0/4/2006 CISNEROS, ANDRIANA AP - 00242790 10/4/2006 CISNEROS, HERNANDO AP - 00242791 10/4/2006 CIV]C SOLUTIONS INC AP - 00242791 10/4/2006 CIVIC SOLUTIONS ]NC AP - 0024279] 10/4/2006 CIVIC SOLUTIONS ]NC AP - 00242792 10/4/2006 CLAAR, KAREN AP - 00242792 10/4/2006 CLAAR, KAREN AP - 00242793 ] 0/4/2006 CLOUT c/o T]M JOHNSON CLOUT CHAIR AP - 00242793 ] 0/4/2006 CLOUT c/o T]M JOHNSON CLOUT CHAIR AP - 00242793 ] 0/4/2006 CLOUT c/o TIM JOHNSON CLOUT CHA]R AP - 00242793 10/4/2006 CLOUT c/o TIM JOHNSON CLOUT CHA]R AP - 00242793 10/4/2006 CLOUT c/o TIM JOHNSON CLOUT CHAIR AP - 00242793 ] 0/412006 CLOUT c/o T]M JOHNSON CLOUT CHAIR AP - 00242794 10/4/2006 COFFEE BIZ 101 AP - 00242795 10/4/2006 COLE, KAREN AP - 00242796 I 014/2006 COLTON TRUCK SUPPLY AP - 00242797 10/4/2006 CONDORDIA HOMES OF SO. CAL AP - 00242798 10/4/2006 CONEY, CRlSTY AP - 00242799 10/4/2006 CONTINENTAL FLOORING ]NC. AP - 00242800 ] 0/412006 COPIES & INK PRINTING INC. AP - 0024280] ]0/4/2006 CORPLOGOWARE LLC AP - 00242801 10/4/2006 CORPLOGOW ARE LLC AP - 00242801 10/4/2006 CORPLOGOW ARE LLC AP - 0024280] ]0/4/2006 CORPLOGOWARE LLC AP - 00242802 ]0/4/2006 CORPORATE BLDG SERVICES ]NC. AP - 00242802 10/4/2006 CORPORATE BLDG SERVICES INC. AP - 00242802 ]0/4/2006 CORPORATE BLDG SERVICES INC. AP - 00242802 ]0/4/2006 CORPORATE BLDG SERVICES INC. AP - 00242802 10/4/2006 CORPORATE BLDG SERVICES ]NC. AP - 00242802 10/4/2006 CORPORATE BLDG SERVICES ]NC. AP - 00242803 ] 0/4/2006 CORSE, JESS]CA AP - 00242804 10/4/2006 CPRS DISTRICT Xl AP - 00242805 10/4/2006 CRUZ, SANDRA AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00242807 ] 0/4/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00242807 ] 014/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00242807 ] 0/4/2006 CUCAMONGA V ALLEY WATER DISTR]CT AP - 00242807 ] 0/4/2006 CUCAMONGA V ALLEY WATER DISTR]CT AP - 00242807 ] 0/4/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DISTRICT User: KFINCHER - Karen Fincher Page: ] 9 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 93.50 965.44 323.25 150.85 754.47 268.05 991.30 670.00 50.00 14.79 83.98 186.54 726.57 80.00 577.00 13,570.50 1 ],703.00 1,012.50 2]6.00 196.50 20.00 20.00 20.00 20.00 20.00 20.00 3,918.00 52.00 51.33 3,800.00 36.00 305.00 1,071.82 623.20 54.]9 521.76 6,458.98 600.00 34,076.17 2,585.12 5,427.24 2,509.84 34,555.00 107.00 240.00 18.20 240.68 ],143.07 1,330.35 ]03.85 1,0]2.88 626.06 157.40 ] ,479.08 Current Date: 1011112 Time: ] 3 :4! CITY OF RANCHO CUCAMONGA P20 Aeenda Check Reeister 9/27/2006 through 10/10/2006 Check No. Check Date Vendor Name Amount AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DlSTRlCT 461.00 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 1,255.44 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 108.05 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 662.66 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 1,005.38 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 105.04 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 44.12 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 551.72 AP - 00242807 10/4/2006. CUCAMONGA V ALLEY WATER DlSTRlCT 2,056.16 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 142.78 AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DlSTRlCT 164.90 AP - 00242807 10/4/2006 . CUCAMONGA V ALLEY WATER DlSTRlCT 115.58 AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DlSTRlCT 380.36 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 264.44 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 1,558.46 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 45.60 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 1,670.60 AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DlSTRICT 224.12 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 363.98 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 3,210.32 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 205.28 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 123.14 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 234.02 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 433.28 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 321.14 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 120.86 AP - 00242807 J 0/412006 CUCAMONGA V ALLEY WATER DlSTRlCT 376.95 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 85.34 AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DlSTRlCT 20.18 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 178.58 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 91.64 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 203.78 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 857.90 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 472.88 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 136.48 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 971.30 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRICT 965.00 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 724.34 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 900.74 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 33.68 AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DlSTRICT 607.16 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 167.48 AP - 00242807 10/4/2006 CUCAMONGA V ALLEY WATER DlSTRlCT 1,246.04 AP - 00242807 10/4/2006 CUCAMONGA VALLEY WATER DISTRICT 246.80 AP - 00242808 10/4/2006 D AND K CONCRETE COMPANY 8,377.58 AP - 00242810 10/4/2006 DAN GUERRA AND ASSOCIATES 10,220.00 AP - 00242810 10/4/2006 DAN GUERRA AND ASSOCIATES 4,430.79 AP - 00242811 10/4/2006 DAPPER TIRE CO 228.40 AP - 00242811 10/4/2006 DAPPER TIRE CO 943.88 AP - 002428 I I 10/4/2006 DAPPER TIRE CO 943.88 AP - 00242812 10/4/2006 DAY & NIGHT DJ SERVICE 700.00 AP - 00242814 J 0/4/2006 DEKRA-LlTE INDUSTRIES lNC 262.57 AP - 00242815 10/4/2006 DELEISE, JENAE 519.24 AP - 00242816 10/4/2006 DELGADO, JOE 28.14 --.-.----- User: KFINCHER - Karen Fincher Page: 20 Current Date: 10/11/2 Report: CK _AGENDA_REG ]OR TRAIT _ RC - CK: Agenda Check Register Portrait Layout Time: 13:41 -- CITY OF RANCHO CUCAMONGA P21 A2enda Check Re2ister 9/27/2006 through 10/10/2006 Check No. Check Date Vendor Name Amount AP - 00242817 10/4/2006 DELTA DENTAL 41,251.86 AP - 00242818 10/4/2006 DIONISIO, DENNIS 79.00 AP - 00242819 ] 0/4/2006 DlRECTV 25.50 AP - 00242820 10/4/2006 DOMINGO, ELEANOR 500.00 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 139.39 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 9.48 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 99.35 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 152.27 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 131.44 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 121.60 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 157.18 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 84.70 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 49.86 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 150.83 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 172.02 AP - 00242821 10/4/2006 DUNN EDWARDS CORPORATION 84.28 AP - 00242822 10/4/2006 DURAN, TESS 55.00 AP - 00242823 10/4/2006 ECONOLITE CONTROL PRODUCTS INC 1.655.00 AP - 00242823 10/4/2006 ECONOLITE CONTROL PRODUCTS INC 60.68 AP - 00242824 . 10/4/2006 EFTYCHIOU, AUDREY 200.00 AP - 00242824 10/4/2006 EFTYCHIOU, AUDREY 75.00 AP - 00242824 10/4/2006 EFTYCHIOU, AUDREY ]50.00 AP - 00242825 10/4/2006 ELLISON-SCHNEIDER & HARRIS L.L.P. 7.322.50 AP - 00242827 10/4/2006 ESPINO'S COP SHOP INC 742.77 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 54.18 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 159.52 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS -0.58 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 157.79 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 285.71 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 139.22 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 145.25 AP - 00242828 ] 0/4/2006 EWING IRRIGATION PRODUCTS 118.61 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 247.68 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 123.78 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 296.53 AP - 00242828 10/4/2006 EWING IRRIGATION PRODUCTS 75.86 AP - 00242829 10/4/2006 EZE, CHINY 930.00 AP - 00242830 10/4/2006 F S MOTOR SPORTS INC 114.00 AP - 00242831 10/4/2006 FABIAN. CRAIG 70.00 AP - 00242832 10/4/2006 FASTENAL COMPANY 15.96 AP - 00242833 10/4/2006 FEDERAL EXPRESS CORP 21.06 AP - 00242833 10/4/2006 FEDERAL EXPRESS CORP 18.06 AP - 00242834 10/4/2006 FEDEX KINKO'S OFFICE AND PRINT SERVICES 323.25 AP - 00242834 10/4/2006 FEDEX KINKO'S OFFICE AND PRINT SERVICES 25.00 AP - 00242835 10/4/2006 FERGUSON ENTERPRISES INC 199.03 AP - 00242835 10/4/2006 FERGUSON ENTERPRISES INC 86.43 AP - 00242835 10/4/2006 FERGUSON ENTERPRISES INC 53.41 AP - 00242835 10/4/2006 FERGUSON ENTERPRISES INC 370.61 AP - 00242836 10/4/2006 FlELDMAN ROLAPP AND ASSOCIATES 1,874.65 AP - 00242836 10/4/2006 FlELDMAN ROLAPP AND ASSOCIA TES 1,888. ]7 AP - 00242837 10/4/2006 FINESSE PERSONNEL ASSOCIA TES 868.00 AP - 00242837 10/4/2006 FINESSE PERSONNEL ASSOCIATES 930.00 AP - 00242838 10/4/2006 FISCHER PLUMBING INC., ROBERT 7.20 AP - 00242839 10/4/2006 FISHER SCIENTIFIC 27.95 ._---~.~ User: KFINCHER - Karen Fincher Page: 21 Current Date: 10/11/2 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:4! CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 9/27/2006 through 10/10/2006 P22 Check No. Check Date Vendor Name Amount AP - 00242840 10/4/2006 FLEET STAR INC. AP - 00242841 10/4/2006 FORD OF UPLAND INC AP - 00242841 10/4/2006 FORD OF UPLAND INC AP - 00242843 10/4/2006 FREESE, LORRAINE AP - 00242844 10/4/2006 FUKUSHIMA, JUDITH AP - 00242845 10/4/2006 FUTURE AMERICA AP - 00242845 10/4/2006 FUTURE AMERICA AP - 00242846 10/4/2006 G AND M BUSINESS INTERIORS AP - 00242847 10/4/2006 GALLARDO, DEBORAH AP - 00242848 10/4/2006 GAMEROOM GALLERY, THE AP - 00242849 10/4/2006 GAROFALO, JOL YNN AP - 00242849 10/4/2006 GAROFALO, JOL YNN AP - 00242850 10/4/2006 GEOGRAPHICS AP - 00242850 10/4/2006 GEOGRAPHICS AP - 00242851 10/4/2006 GOLDEN WEST OIL INC AP - 00242852 10/4/2006 GOLF VENTURES WEST AP - 00242853 10/4/2006 GONZALEZ, SANDRA AP - 00242854 10/4/2006 GRAINGER AP - 00242854 10/4/2006 GRAINGER AP - 00242854 10/4/2006 GRAINGER AP - 00242854 10/4/2006 GRAINGER AP - 00242856 10/4/2006 GREY, ANGIE AP - 00242858 10/4/2006 GUARDIAN AP - 00242859 10/4/2006 GUTIERREZ, BIANCA AP - 00242860 10/4/2006 GUTIERREZ, REX AP - 0024286 I 1 0/4/2006 HAMILTON, CRAIG AP - 00242862 10/4/2006 HANSON, BARRYE AP - 00242863 10/4/2006 HARALAMBOS BEVERAGE COMPANY AP - 00242864 10/4/2006 HARRIS, MARY AP - 00242865 10/4/2006 HARTSELL, DIANA AP - 00242866 10/4/2006 HERRERA, SYLVIA AP - 00242867 10/4/2006 HERRERA, SYLVIA AP - 00242868 10/4/2006 HI STANDARD AUTOMOTIVE AP - 00242869 10/4/2006 HIGHLAND, DARCY AP - 00242870 10/4/2006 HOLlDA Y PRINTING AP - 00242871 10/4/2006 HOME DEPOT CREDIT SERVICES AP - 00242872 10/4/2006 HONG, EUN JUNG AP - 00242873 10/4/2006 HOT SHOTS ATHLETIC APPAREL INC AP - 00242874 10/4/2006 HOUNAM, AHN AP - 00242875 10/4/2006 HUNT, JENNIFER AP - 00242875 1014/2006 HUNT, JENNIFER AP - 00242875 10/412006 HUNT, JENNIFER AP - 00242876 10/4/2006 HUNTINGTON GLAZING AP - 00242876 10/4/2006 HUNTINGTON GLAZING AP - 00242876 10/4/2006 HUNTINGTON GLAZING AP - 00242876 10/4/2006 HUNTINGTON GLAZING AP - 00242877 10/4/2006 HURST, CHERYL AP - 00242878 10/4/2006 HURTADO, CINDY AP - 00242879 10/4/2006 lEMA AP - 00242880 10/4/2006 IMPRESSIONS GOURMET CATERING AP - 00242882 10/4/2006 INLAND EMPIRE TOURS AND TRANSPORTATIC AP - 00242882 10/4/2006 INLAND EMPIRE TOURS AND TRANSPORTATlC AP - 00242882 10/4/2006 INLAND EMPIRE TOURS AND TRANSPORTATIC AP - 00242883 10/4/2006 INLAND V ALLEY DAILY BULLETIN User: KFINCHER - Karen Fincher Page: 22 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 1,029.90 94.78 176.41 55.00 2,178.00 50.00 50.00 4,641.87 60.00 3,000.00 50.00 25.00 2,680.07 534.92 100.00 24.56 57.00 14.50 199.43 29.03 65.56 500.00 3,996.39 250.00 306.61 85.00 2,940.00 185.56 20.00 250.00 34.00 59.00 79.78 75.00 5,545.43 61.90 80.00 3,669.68 80.00 51.62 277 .oJ 30.54 57,135.86 2,907.83 -5,713.59 -290.78 288.50 197.00 25.00 209.98 1,982.00 1,118.00 1,353.00 184.80 Current Date: 10/1 ]/2 Time: 13:41 Check No. AP - 00242884 AP - 00242885 AP - 00242886 AP - 00242887 AP - 00242888 AP - 00242888 AP - 00242889 AP - 00242890 AP - 00242891 AP - 00242892 AP - 00242893 AP - 00242893 AP - 00242894 AP - 00242895 AP - 00242895 AP - 00242895 AP - 00242896 AP - 00242896 AP - 00242897 AP - 00242898 AP - 00242898 AP - 00242898 AP - 00242898 AP - 00242899 AP - 00242900 AP - 0024290 I AP - 00242903 AP - 00242904 AP - 00242904 AP - 00242905 AP - 00242906 AP - 00242907 AP - 00242909 AP - 00242912 AP - 00242913 AP - 00242913 AP - 00242913 AP - 00242913 AP - 00242913 AP - 00242913 AP - 00242913 AP - 002429 I 3 AP - 00242913 AP - 00242913 AP - 00242914 AP - 00242914 AP - 00242914 AP - 00242914 AP - 00242914 AP - 002429 14 AP - 00242914 AP - 00242914 AP - 00242915 AP - 002429 I 6 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 9/27/2006 through 10/10/2006 P23 Check Date Vendor Name Amount 10/4/2006 INLAND VALLEY EMERGENCY PET CLINIC 10/4/2006 INTERNATIONAL ASSOC OF ASSEMBLY MGRS 10/4/2006 INTERNATIONAL SOCIETY OF ARBORlCUL TUR 10/4/2006 J J KELLER AND ASSOC INC 10/4/2006 JAECKEL. TABEA 10/4/2006 JAECKEL, TABEA 10/4/2006 JOHNSTON CONSULTING, CHRlS 10/4/2006 JONES, JENNIFER 10/4/2006 JOUZY, YANINA 10/4/2006 KAMBLE, PURNIMA I 0/4/2006 KELLY EQUIPMENT 10/4/2006 KELLY EQUIPMENT 10/4/2006 KELLY, DEEANN 10/4/2006 KONE INC 10/4/2006 KONE INC 10/4/2006 KONE INC 10/4/2006 KONICA MINOLTA BUSINESS SOLUTIONS 10/412006 KONICA MINOLTA BUSINESS SOLUTIONS 10/4/2006 LAIDLAW EDUCATION SERVICES 10/4/2006 LAIRD CONSTRUCTION CO 10/4/2006 LAIRD CONSTRUCTION CO 10/4/2006 LAIRD CONSTRUCTION CO 10/4/2006 LAIRD CONSTRUCTION CO 10/4/2006 LANE, NICOLE 10/4/2006 LEE, HEE 10/4/2006 LEWIS, JULIA 10/4/2006 LlNA 10/4/2006 LlSNER, VIALED 10/4/2006 LlSNER, VIALED 10/4/2006 LOESCH, TONYA 10/4/2006 LOPEZ, RUDY 10/4/2006 LOS ANGELES TIMES 10/4/2006 MAAT, AKUA 10/4/2006 MARQUEZ, BETSY 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARSHALL PLUMBING 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTIN, ED 10/4/2006 MARTINEZ, BONNIE 10/4/2006 MCI 52.50 345.00 145.00 795.00 68.00 46.00 500.00 80.00 43.50 10.00 550.90 415.17 128.00 410.00 410.00 410.00 610.00 245.68 1,864.67 460.00 6,800.00 1,472.00 832.60 335.65 50.00 80.00 13,098.19 0.17 120.00 5.00 48.00 21.20 65.00 88.00 403.19 -100.80 750.00 -187.50 431.54 -107.89 775.00 -193.75 524.93 -131.23 210.00 210.00 210.00 210.00 240.00 90.00 90.00 630.00 60.00 437.03 Current Date: 10/11/2 Time: 13:41 User: KFINCHER - Karen Fincher Page: 23 Report: CK _AGENDA_REG ]ORTRAIT _ RC - CK: Agenda Check Register Portrait Layout - ---- CITY OF RANCHO CUCAMONGA P24 Al!.enda Check Rel!.ister 9/27/2006 through 10/1 0/2006 Check No. Check Date Vendor Name Amount AP - 002429]8 10/4/2006 MCLOUGHLIN ENGINEERING CO INC, J 270.00 AP - 00242919 10/4/2006 MDS CONSULTING 69,880.00 AP - 00242919 10/4/2006 MDS CONSULTING 83,840.00 AP - 00242920 10/4/2006 MELTON, SHAWN 500.00 AP - 0024292 I 10/4/2006 MICROSOFT CORP 429.93 AP - 00242922 10/4/2006 MIDWEST TAPE 134.94 AP - 00242922 10/4/2006 MIDWEST TAPE 134.94 AP - 00242922 10/4/2006 MIDWEST TAPE 16.99 AP - 00242923 10/4/2006 MIGLIACCI, THERESA 120.00 AP - 00242924 10/4/2006 MITSOS, MICHELLE 65.00 AP - 00242926 10/4/2006 MORALES, AGNES 36.50 AP - 00242927 10/4/2006 MOSQUEDA, DEB I 120.00 AP - 00242928 10/4/2006 MOUNTAIN VIEW SMALL ENG REPAIR ] 52.44 AP - 00242928 10/4/2006 MOUNTAIN VIEW SMALL ENG REPAIR 34.3 I AP - 00242929 10/4/2006 N IG P 315.00 AP - 00242930 10/4/2006 NAPA AUTO PARTS .60.64 AP - 00242930 10/4/2006 NAPA AUTO PARTS 132.21 AP - 00242930 10/4/2006 NAPA AUTO PARTS 29.26 AP - 00242930 10/4/2006 NAPA AUTO PARTS 10.88 AP - 00242930 10/4/2006 NAPA AUTO PARTS 10.88 AP - 00242930 10/4/2006 NAPA AUTO PARTS 229.1 I AP - 00242930 10/4/2006 NAPA AUTO PARTS 25.50 AP - 00242930 10/4/2006 NAPA AUTO PARTS 89.37 AP - 0024293 I 10/4/2006 NATIONAL DEFERRED 29,785.66 AP - 00242932 10/4/2006 NATIONS RENT -126.61 AP - 00242932 10/4/2006 NATIONS RENT -6.13 AP - 00242932 10/4/2006 NATIONS RENT -70.04 AP - 00242932 10/4/2006 NATIONS RENT -116.90 AP - 00242932 10/4/2006 NATIONS RENT -70.58 AP - 00242932 10/4/2006 NATIONS RENT 595.92 AP - 00242932 10/4/2006 NATIONS RENT 44.45 AP - 00242932 10/4/2006 NATIONS RENT 63.58 AP - 00242932 10/4/2006 NATIONS RENT 55.95 AP - 00242932 10/4/2006 NATIONS RENT 87.80 AP - 00242933 J 0/4/2006 NEC UNIFIED SOLUTIONS INC 1,622.50 AP - 00242933 10/4/2006 NEC UNIFIED SOLUTIONS INC 160.00 AP - 00242934 10/4/2006 NEWPORT PRINTING SOLUTIONS 167.76 AP - 00242934 10/4/2006 NEWPORT PRINTING SOLUTIONS 83.88 AP - 00242935 10/4/2006 NEWPORT REAL ESTATE SERVICES 46.85 AP - 00242936 10/4/2006 NEXTEL 139.65 AP - 00242937 10/4/2006 NIKPOUR, MOHAMMED 144.00 AP - 00242938 10/4/2006 NO KILL 100.00 AP - 00242940 10/4/2006 OFFICE DEPOT 95.94 AP - 00242940 10/4/2006 OFFICE DEPOT 16.94 AP - 00242940 10/4/2006 OFFICE DEPOT 149.52 AP - 00242940 10/4/2006 OFFICE DEPOT 1,143.63 AP - 00242940 10/4/2006 OFFICE DEPOT 159.71 AP - 00242940 10/4/2006 OFFICE DEPOT 9.57 AP - 00242940 10/4/2006 OFFICE DEPOT 61.16 AP - 00242940 10/4/2006 OFFICE DEPOT 10.00 AP - 00242940 10/4/2006 OFFICE DEPOT 41.96 AP - 00242940 10/4/2006 OFFICE DEPOT 70.85 AP - 00242940 10/4/2006 OFFICE DEPOT 54.40 AP - 00242940 10/4/2006 OFFICE DEPOT 49.76 -. ---_.~_._--_.- .--- User: KFINCHER - Karen Fincher Page: 24 Current Date: ]0/11/2 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:41 Check No. AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242940 AP - 00242941 AP - 00242941 AP - 0024294] AP - 0024294] AP - 00242942 AP - 00242942 AP - 00242942 AP - 00242942 AP - 00242944 AP - 00242945 AP - 00242946 AP - 00242946 AP - 00242946 AP - 00242947 AP - 00242948 AP - 00242948 AP - 00242949 AP - 00242950 AP . 00242951 AP - 00242952 AP - 00242953 AP . 00242954 AP - 00242955 AP - 00242956 Ap.00242957 AP - 00242958 AP - 00242959 AP . 0024296] CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 9/27/2006 through ]0110/2006 P25 Check Date Vendor Name Amount ]0/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT ]0/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT ]0/4/2006 OFFICE DEPOT ]0/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFF]CE DEPOT ]0/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT ]0/4/2006 OFFICE DEPOT 10/4/2006 OFFICE DEPOT 10/4/2006 OFFICE MAX CONTRACT INC ]0/4/2006 OFFICE MAX CONTRACT INC 10/4/2006 OFFICE MAX CONTRACT INC 10/4/2006 OFFICE MAX CONTRACT INC 10/4/2006 OFFICE TEAM 10/4/2006 OFFICE TEAM 10/4/2006 OFFICE TEAM 10/4/2006 OFFICE TEAM 10/4/2006 ORONA, PATRICIA 10/4/2006 OSHKOSH B GOSH RETAIL INC ]0/4/2006 OTT. LAURA 10/4/2006 OTT, LAURA 10/4/2006 OTT, LAURA 10/412006 OTT, SHARON 10/4/2006 OWEN ELECTRIC INC ]0/4/2006 OWEN ELECTR]C INC 10/4/2006 PAP A 10/4/2006 PACIF]C CREST COMM. 10/4/2006 PAL CAMPAIGN 10/4/2006 PASILLIAS, SIGGlE ]0/4/2006 PENNY, JANE 10/4/2006 PETERMAN LUMBER INC 10/4/2006 PETTY. JENNIFER 10/4/2006 PHOENIX GROUP INFORMATION SYSTEMS 10/4/2006 PIMENTEL, ANISSA 10/4/2006 POMA DISTRIBUTING CO 10/412006 PRE-PAID LEGAL SERVICES INC ]0/4/2006 QUICK WRAP 114.41 70.20 4.96 51.17 42.94 ]45.38 58.40 202.82 118.83 -101.48 44.95 6.95 45.94 63.29 20.78 10.75 414.76 72.22 47.39 21.54 66.16 34.46 192.22 3.45 1.39 72.58 65.73 65.73 -26.29 4,203.33 205.70 822.80 807.53 127.50 575.00 333.74 450.00 137.50 162.00 261.00 745.00 248.20 525.00 ],827.99 107.39 250.00 53.34 89.58 181.30 448.80 110.00 16,771.02 330.30 404.90 Current Date: 1011 ]/2 Time: 13 :41 User: KFINCHER - Karen Fincher Page: 25 Report:CK_AGENDA_REG]ORTRAIT_RC. CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA Ae.enda Check Ree.ister 9/27/2006 through 10110/2006 P26 Check No. Check Date Vendor Name Amount AP - 00242962 10/4/2006 QUINTANA, ZITA AP - 00242963 10/4/2006 QWEST AP - 00242964 10/4/2006 RAMIREZ, GEORGE AP - 00242965 10/4/2006 RANDOM HOUSE INC AP - 00242965 10/4/2006 RANDOM HOUSE INC AP - 00242965 10/4/2006 RANDOM HOUSE INC AP - 00242966 10/4/2006 RASMUSSEN, MILT AP - 00242969 10/4/2006 RAY A, RACHEL AP - 00242970 10/4/2006 REF CONSULTING AP - 00242970 10/4/2006 REF CONSULTING AP - 00242971 10/4/2006 REM LOCK AND KEY SERVICE AP - 00242972 10/4/2006 RDO EQUIPMENT COMPANY AP - 00242973 10/4/2006 RED WING SHOE STORE AP - 00242973 10/4/2006 RED WING SHOE STORE AP - 00242974 10/4/2006 REINHARDTSEN, DEBRA AP - 00242975 10/4/2006 REISNER, SID AP - 00242977 10/4/2006 REMODELING STORE, THE AP - 00242978 10/4/2006 REVILLA, JOHN AP - 00242979 10/4/2006 RICHARDS WATSON AND GERSHON AP - 00242979 10/4/2006 RICHARDS WATSON AND GERSHON AP - 00242980 10/4/2006 RIVERSIDE CONSTRUCTION COMPANY AP - 00242980 10/4/2006 RIVERSIDE CONSTRUCTION COMPANY AP - 00242981 10/4/2006 ROBLES SR, RAUL P AP - 00242981 10/4/2006 ROBLES SR, RAUL P AP - 00242982 10/4/2006 ROBLES, RAMON AP - 00242983 10/4/2006 RODRIGUEZ, MALISA AP - 00242984 10/4/2006 ROEDIGER, VIVIAN AP - 00242985 10/4/2006 SAN ANTONIO MATERIALS AP - 00242985 10/4/2006 SAN ANTONIO MATERIALS AP - 00242986 10/4/2006 SAN BERNARDINO COUNTY AP - 00242987 10/4/2006 SAN BERNARDINO COUNTY FLOOD CONTROL AP - 00242988 10/4/2006 SAN BERNARDINO COUNTY AUDITOR CONTRC AP - 00242988 10/4/2006 SAN BERNARDINO COUNTY AUDITOR CONTRC AP _ 00242988 10/4/2006 SAN BERNARDINO COUNTY AUDITOR CONTRC AP - 00242989 10/412006 SAN BERNARDINO, CITY OF AP - 00242990 10/4/2006 SCOTT, DIANA AP - 00242991 10/4/2006 SCWMF AP - 00242992 10/4/2006 SECAS, MANUEL AP - 00242994 10/4/2006 SHERIFFS COURT SERVICES AP - 00242995 10/4/2006 SHERIFFS COURT SERVICES AP - 00242996 10/4/2006 SHOETERIA AP - 00242996 10/4/2006 SHOETERIA AP - 00242998 10/4/2006 SILVA, ERIKA AP - 00243000 10/4/2006 SIMPLOT PARTNERS AP - 00243000 10/4/2006 SIMPLOT PARTNERS AP - 00243000 10/4/2006 SIMPLOT PARTNERS AP - 0024300 I 10/4/2006 SISLER, JOAN AP _ 00243002 10/4/2006 SKYE HEART PRODUCTIONS INC AP - 00243004 10/4/2006 SMIDERLE, BEA AP - 00243005 10/4/2006 SO CALIF GAS COMPANY AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/412006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 26 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 193.00 3.84 75.00 41.25 39.00 43.50 400.00 79.00 8,775.30 17,689.99 96.98 13.57 146.53 140.06 282.50 250.00 176.61 80.00 40.00 8,963.75 6,818.61 187.49 65.00 80.00 144.00 40.00 20.00 642.46 210.92 72.00 11,465.00 378.00 504.00 378.00 1,200.00 375.00 100.00 52.00 280.94 69.92 161.60 190.16 99.00 6,000.00 3,848.83 2,858.67 40.00 200.00 150.00 1,300.48 57,155.89 14.59 14.26 13.66 Current Date: 10111/2 Time: 13:41 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 9/27/2006 through 10/10/2006 P27 Check No. Check Date Vendor Name Amount AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/412006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/412006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP.00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP.00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP.00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009' 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON Ap. 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP.00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON Ap.00243009 10/412006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/412006 SOUTHERN CALIFORNIA EDISON AP.00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON Ap.00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON --------.----- User: KFINCHER - Karen Fincher Page: 27 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 18.15 52.72 85.32 102.09 13.42 13.06 13.93 76.81 110.20 42.42 14.19 124.88 12.74 12.38 13.06 14.94 12.38 109.62 13.66 122.31 13.24 12.55 192.38 129.22 110.63 146.1 I 14.16 14.09 33,259.20 113.54 88.59 19.01 7,821.75 13.66 13.66 12.38 115.62 14.52 13.49 14.09 42.72 205.53 13.31 142.09 595.34 205.24 240.71 131.46 27.63 593.37 79.36 24.77 283.31 226.37 Current Date: 10/11/2 Time: 13:4f CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 9/27/2006 through 10/1 0/2006 P28 Check No. Check Date Vendor Name Amount AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243009 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243010 10/4/2006 SOUTHERN CALIFORNIA EDISON AP - 00243011 10/4/2006 SOUTHWEST MOBILE STORAGE INC AP - 00243011 10/4/2006 SOUTHWEST MOBILE STORAGE INC AP - 00243012 10/4/2006 SPECTRA COMPANY AP - 00243012 10/4/2006 SPECTRA COMPANY AP - 00243013 10/4/2006 SPORT SUPPLY GROUP INC AP - 00243014 10/4/2006 STATE DISBURSEMENT UNIT AP - 00243015 10/4/2006 STATE DISBURSEMENT UNIT AP - 00243016 10/4/2006 STATE DISBURSEMENT UNIT AP - 00243017 10/4/2006 STATE DISBURSEMENT UNIT AP - 00243018 10/4/2006 STATE DISBURSEMENT UNIT AP - 002430 I 9 10/4/2006 ST ATE DISBURSEMENT UNIT AP - 00243020 10/4/2006 STATE DISBURSEMENT UNIT ------~. User: KFINCHER - Karen Fincher Page: 28 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 175.92 84.21 669.59 12.38 26.74 25.32 577.08 24.89 15.90 12.38 7.00 9,082.38 119.36 162.32 12.38 14.09 324.16 19.01 57.28 12.38 271.46 65.65 169.15 8.53 121.48 143.48 53.53 100.91 15.36 13.66 13.66 12.38 46.70 12.55 12.38 111.95 13.66 14.09 92.00 12.38 470.41 1,797.21 175.60 175.60 1,265.00 1,456.00 169.79 33.50 200.00 218.75 382.50 322.50 420.50 213.50 Current Date: 10/11/2 Time: 13 :41 Check No. AP - 00243021 AP - 00243022 AP - 00243023 AP - 00243023 AP - 00243023 AP - 00243024 AP - 00243025 AP - 00243025 AP - 00243027 AP - 00243027 AP - 00243028 AP - 00243029 AP - 00243031 AP - 00243032 AP - 00243033 AP - 00243033 AP - 00243034 AP - 00243037 AP - 00243038 AP - 00243039 AP - 00243040 AP - 00243041 AP - 00243042 AP - 00243043 AP - 00243044 AP - 00243044 AP - 00243045 AP - 00243046 AP - 00243046 AP - 00243046 AP - 00243046 AP - 00243046 AP - 00243047 AP - 00243047 AP - 00243047 AP - 00243047 AP - 00243048 AP - 00243048 AP - 00243049 AP - 00243049 AP - 00243049 AP - 00243050 AP - 00243051 AP - 00243052 AP - 00243053 AP - 00243055 AP - 00243056 AP - 00243057 AP - 00243057 AP - 00243057 AP - 00243061 AP - 00243061 AP - 00243061 AP - 00243061 CITY OF RANCHO CUCAMONGA Ae:enda Check Ree:ister 9/27/2006 through] 0/1 0/2006 P29 Check Date Vendor Name 10/4/2006 STATE DISBURSEMENT UNIT ] 0/4/2006 STATE DISBURSEMENT UNIT 10/4/2006 STERLING COFFEE SERVICE 10/4/2006 STERLING COFFEE SERVICE 10/4/2006 STERLING COFFEE SERVICE 10/4/2006 STOF A, JOSEPH 10/4/2006 STORQUEST-RANCHO CUCAMONGA EAST ]0/4/2006 STORQUEST-RANCHO CUCAMONGA EAST 10/4/2006 SUNRISE FORD 10/4/2006 SUNRISE FORD 10/4/2006 SUNSHINE GROWERS NURSERY INC 10/4/2006 SWIATEK, ROSALIE 10/4/2006 T MOBILE 10/4/2006 TAMBANUA, VELTY ] 0/4/2006 TAUSSIG AND ASSOCIATES INC, DAVID 10/4/2006 TAUSSIG AND ASSOCIATES INC, DAVID 10/4/2006 T A VISON, CHRISTINA 10/4/2006 THOMAS, KIMBERLY 10/4/2006 THOMSON GALE ]0/4/2006 TIME WARNER TELECOM 10/4/2006 TORELLA, LAURIE 10/4/2006 TORRES, MARIA 10/4/2006 TORREZ, LETICIA 10/4/2006 TRANS WEST TRUCK CENTER 10/4/2006 TRUGREEN LANDCARE 10/4/2006 TRUGREEN LANDCARE 10/4/2006 UNDERGROUND SVC ALERT OF SO CAL 10/4/2006 UNDERGROUND TECHNOLOGY INC 10/4/2006 UNDERGROUND TECHNOLOGY INC 10/4/2006 UNDERGROUND TECHNOLOGY INC 10/412006 UNDERGROUND TECHNOLOGY INC 10/412006 UNDERGROUND TECHNOLOGY INC 10/4/2006 UN1FIRST UNIFORM SERVICE 10/4/2006 UNIFIRST UNIFORM SERVICE 10/4/2006 UNIFIRST UNIFORM SERVICE 10/4/2006 UNIFIRST UNIFORM SERVICE 10/4/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/4/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/4/2006 UNITED SITE SERVICES OF CA INC 10/4/2006 UNITED SITE SERVICES OF CA INC ]0/4/2006 UNITED SITE SERVICES OF CA INC 10/4/2006 UNITED STATES POSTAL SERVICE 10/4/2006 UNITED WAY 10/4/2006 UPSCO POWERSAFE SYSTEMS INC 10/4/2006 UPS 10/4/2006 VARNEY, SUSAN I 0/4/2006 VASQUEZ, LOURDES 10/4/2006 VEND U COMPANY 10/4/2006 VEND U COMPANY ]0/4/2006 VEND U COMPANY 10/4/2006 VERlZON 10/4/2006 VERlZON 10/4/2006 VERlZON 10/4/2006 VERlZON Amount 250.00 100.00 96.35 246.95 106.43 14.00 175.00 175.00 33.01 756.52 50.86 72.00 43.35 500.00 1,744.67 1,898.75 89.00 94.34 26.64 2,580.32 50.00 500.00 80.00 118.76 9,819.07 2,221.49 172.80 655.62 588.72 788.04 778.38 575.34 80.55 151.43 49.62 824.73 3,374.67 39,651.76 166.94 217.78 217.78 160.00 383.82 110,188.39 20.45 1,000.00 250.00 75.64 54.22 68.60 80.23 27.66 18.87 18.87 Current Date: 10/11/2 Time: 13:41 User: KFINCHER - Karen Fincher Page: 29 Report:CK_AGENDA~REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA P30 Al!enda Check Rel!ister 9/27/2006 through ] 0/1 0/2006 Check No. Check Date Vendor Name Amount AP - 00243061 10/4/2006 VERlZON 18.87 AP - 00243061 ] 0/4/2006 VER]ZON 403.]6 AP - 0024306] ] 0/4/2006 VERlZON 28.56 AP - 00243061 10/4/2006 VER]ZON 28.56 AP - 0024306] ] 0/4/2006 VERlZON 28.56 AP - 00243061 10/4/2006 VERlZON 28.56 AP - 0024306] ] 0/4/2006 VER]ZON 89.91 AP - 0024306] 10/4/2006 VER]ZON 30.25 AP - 00243061 10/4/2006 VERIZON 27.66 AP - 0024306] 10/4/2006 VERlZON 18.87 AP - 0024306] 10/4/2006 VERIZON 89.9] AP - 00243061 10/4/2006 VERlZON 89.9] AP - 0024306] 10/4/2006 VERIZON 90.16 AP - 0024306] 10/4/2006 VERlZON 18.87 AP - 00243061 10/4/2006 VERlZON 87.63 AP - 00243061 10/4/2006 VERlZON ]8.87 AP - 0024306] 10/4/2006 VERlZON 90.16 AP - 0024306] J 0/4/2006 VERIZON 26.60 AP - 0024306 I ] 0/4/2006 VERlZON 19.43 AP - 00243061 ] 0/4/2006 VER]ZON 90.16 AP - 00243061 10/4/2006 VERIZON 27.66 AP - 00243061 10/4/2006 VERlZON 155.80 AP - 0024306] 10/4/2006 VERIZON 27.93 AP - 0024306 I 10/4/2006 VERlZON 54.]8 AP - 00243061 ] 0/4/2006 VERlZON 28.66 AP - 0024306] 10/4/2006 VERIZON 18.9] AP - 0024306 I 10/4/2006 VERlZON 553.46 AP - 00243061 ] 0/4/2006 VERlZON 130.00 AP - 00243061 10/4/2006 VERlZON 351.21 AP - 0024306] 10/4/2006 VERlZON 28.56 AP - 00243061 10/4/2006 VER]ZON ]8.87 AP - 00243061 10/4/2006 VERlZON 199.26 AP - 0024306] 10/4/2006 VERIZON 41.27 AP - 00243061 10/4/2006 VER1Z0N 89.91 AP - 00243061 ] 0/4/2006 VERIZON 29.26 AP - 00243061 10/4/2006 VERlZON 41.67 AP - 00243061 10/4/2006 VERlZON 28.67 AP - 0024306 I 10/4/2006 VERIZON 28.56 AP - 00243061 ] 0/4/2006 VERIZON 30.05 AP - 00243062 10/4/2006 VERlZON 32.23 AP - 00243062 ] 0/4/2006 VERlZON 2,337.04 AP - 00243063 10/4/2006 VIDEO GUYS, THE 301.94 AP - 00243063 ] 0/4/2006 VIDEO GUYS, THE 251.94 AP - 00243064 10/4/2006 VILLAGE NURSERIES WHOLESALE LLC 465.73 AP - 00243065 10/4/2006 VIOLETTE, KAMELIA 150.00 AP - 00243066 10/4/2006 VIRTUAL PROJECT MANAGER INC 500.00 AP - 00243067 10/4/2006 VISTA PA]NT 115.29 AP - 00243067 10/4/2006 VISTA PAINT 102.63 AP - 00243068 10/4/2006 VOLM,LIZA 112.50 AP - 00243069 10/4/2006 VORTEX INDUSTRIES INC 457.33 AP - 0024307] 10/4/2006 WALTERS WHOLESALE ELECTRIC CO 37.72 AP - 00243071 10/4/2006 WALTERS WHOLESALE ELECTRIC CO 134.80 AP - 00243071 ] 0/4/2006 W ALTERS WHOLESALE ELECTRIC CO 1 78.44 AP - 00243072 10/4/2006 WARD, DESIREE 452.50 ._~--~--- User: KFINCHER - Karen Fincher Page: 30 Current Date: ]0/11/2 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:41 Check No. AP - 00243073 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243074 AP - 00243075 AP - 00243075 AP - 00243076 AP - 00243077 AP - 00243078 AP - 00243079 AP - 00243079 AP - 00243080 AP - 00243081 AP - 00243081 AP - 00243082 AP - 00243082 AP - 00243082 AP - 00243083 AP - 00243084 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/27/2006 through 10/1 0/2006 Check Date Vendor Name 10/4/2006 WASHINGTON, JADA 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 W AXlE SANIT AR Y SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 WAXlE SANITARY SUPPLY 10/4/2006 W AXlE SANlT AR Y SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 W AXlE SANIT AR Y SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 W AXlE SANlT AR Y SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 W AXlE SANlT AR Y SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 WAXIE SANITARY SUPPLY 10/4/2006 WEST END MA TERJAL SUPPLY 10/4/2006 WEST END MA TERJAL SUPPLY 10/4/2006 WESTERN UNIVERSITY 10/4/2006 WESTRUX INTERNATIONAL INC 10/4/2006 WILLDAN ASSOCIATES 10/4/2006 WLC ARCHITECTS 10/4/2006 WLC ARCHITECTS 10/4/2006 WORD MILL PUBLISHING 10/4/2006 WORLD PRECISION INSTRUMENTS INC 10/4/2006 WORLD PRECISION INSTRUMENTS INC 10/4/2006 XEROX CORPORATION 10/4/2006 XEROX CORPORATION 10/4/2006 XEROX CORPORATION 10/4/2006 YEE, LARRY 10/4/2006 ZETTERBERG, BOB Total for Check JD AP: Total for Entity: P31 Amount 48.00 -58.40 58.40 138.80 187.92 13.49 -69.48 222.40 1,020.09 40.21 4.57 656.51 785.89 84.76 748.47 108.01 777.05 681.43 408.86 185.00 27.58 49,967.50 13,005.00 11,475.00 700.00 1,320.00 1,247.54 5,743.27 176.3.3 38.12 12.00 41.73 2,505,839.70 2,505,839.70 User: KFINCHER - 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B -;; u 0 . ,!j ., P39 RANCHO CUCAMONGA r :_:""'~'-:'''''';'''~'''''''_''.'.'';,~''< ,J!,.,-4i,: '(.',;If; -.->.~ ;.,i':':",~.'-.."",!-h-,""",_, , ,..::.<,':' ."",'(', ....-" .." "i,;+', , ....\.>;:.:;-.'1...... ,".' .. ,', ':;'.:::.: '.>~:?>'~'~..>;: .J COMMUNITY SfRVICfS Staff Report FROM: October 18, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director Joe O'Neil, City Engineer Paula Pachon, Management Analyst III Karen McGuire-Emery, Senior Park Planner PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE DATE: TO: BY: SUBJECT: RECOMMENDATION: In accordance with the City Council's request to become more informed of recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in the Community Services Department. 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 Legacy Park: . The play equipment has been installed and the resilient surfacing is scheduled for installation the week of October 91h. All plant material has been installed and the sod has been placed. It is anticipated that the park site will be opened to the public by the end of October. Rancho Summit Park: . The pre-construction meeting for the second park to be developed by Pulte Homes was held on October 91h; construction is underway. B. COMMUNITY SERVICES UPDATE Seniors: . The Senior Advisory Committee will hold its next regular meeting on Monday, October 23, 2006, at 9:00 a.m. at the James L. Brulte Senior Center. P40 Mayor and Members of the City Councii Parks, Recreation Facilities and Community Services Update October 18, 2006 . The Center is now accepting appointments for a 1-hour private session with our personal trainer in Weliness Pass. Participants can customize a workout to meet their particular goals. Each 1-hour session is $25.00. Appointments are required. . The annual senior citizen Halioween Spooktacular that will take place on Thursday, October 26th at 9:30 a.m. There wili be games and prizes, refreshments and a master story-telier wili read the spooktacularly scary "The Teli-Tale Heart" by Edgar Alien Poe. . On Saturday, November 11th at 6:00 p.m. the Department wili host a Senior Citizens Veterans' Day Proaram and Dance. AIi are invited to honor those men and women who served in our country's armed forces. . On Sunday, November 19th at 2:00 p.m. the Department wili host our annual Senior Center Thanksaivina Dinner. This special celebration is designed especialiy for those seniors in the community who are unable to be with family and friends on the holiday. There will be friendship, fun, turkey and ali the trimmings. Trips and Tours: . San Francisco & Napa Valiev Wine Train - October 16-19, 2006. Participant can enjoy four days and three nights in San Francisco, including a gourmet lunch at Harris Rancho on the way. The trip also includes a 3-hour trip on the Napa Valiey wine train. Cost: $550/per person double occupancy; $770/person single occupancy. . San Dieao Train Excursion - November 3, 2006. Enjoy a train ride down to San Diego where participants will stop at Seaport Village for lunch and shopping. The ferry wili take participants to Coronado Island to take in the sights at the Hotel del Coronado. Cost: $55/person. . Chukchansi Gold Resort - November 13-15, 1006. Enjoy spending three days and two nights at the Chukchansi Gold Resort in Coarsegold, California. The trip includes a excursion into Yosemite National Park for lunch at the Akwahnee Restaurant. Cost: $266/person double occupancy; $340/person single occupancy. Human Services and Volunteer Services: . "The Doctor is In" series, presented by Harvey D. Cohen, M.D., wili present the foliowing lectures at the James L. Brulte Senior Center in November: ~ 3rd Tuesday of each month from 12:00 pm until 1 :30 pm: November 21st - Can you prevent a stroke? ~ 3rd Wednesday of each month from 7:00 pm until 8:30 pm: November 22nd - Are you on too many medications? . Senior Health and Weliness Proaram - Although the Administration on Aging Weliness Grant funding ended on August 31, 2006, the Resource Library continues to be popular. The library features reference materials with a wide range of topics, including not only senior health and weliness topics, but cooking, craft, and hobby books as well. The library continues to feature an assortment of equipment including a Brailie printer, a Braille labeler, Brailie games, a magnifier, and a computer with special needs capability. Visitors to the P41 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 library are able to check their blood pressure, use the scale and magnifier. Seniors are continuing to track their blood pressure with cards donated by the Visiting Nurses Association. They are also utilizing the computer with the adaptive features it provides. . USDA Food Commodities - The San Bernardino County Food Bank and the City of Rancho Cucamonga, continue to distribute surplus food on the first Monday of every month to eligible residents at the James L. Brulte Senior Center. Staff distributed commodities to 528 residents in September. Pet food continues to be distributed every month to residents for their pets. It is extremely popular with the recipients. Residents meeting the criteria for commodity eligibility receive free food for their pets. In September, Petco donated approximately $1,500.00 in pet food and supplies. Target continues to donate the plastic shopping bags to help with distribution and delivery of commodities and the pet food. . The Bereavement Support Group continues to meet on the first and third Tuesday of each month from 3:30 until 5:00 p.m. at the Brulte Senior Center. This is an interactive group that encourages active participation. The support group is offered free of charge and is available for adults 18 and older. The group is conducted by Inland Hospice. . A Flu Shot Clinic for seniors ages 60+ and individuals with serious medical conditions is tentatively scheduled for Tuesday, November 14th at the Brulte Senior Center. Nurses from San Antonio Community Hospital will administer the vaccinations. . Wellness Workshop - A Balance and Mobilitv class is being offered at the Brulte Senior Center on the first and third Friday each month from 10:00 until 11 :00 a.m. This class focuses on improving balance as well as strengthening all major muscle groups of the body. Volunteers: . Report on Volunteer Services - The table below summarizes the Community Services Department volunteer usage for the month of August 2006 and fiscal year to date: AUGUST 2006 JULY. AUGUST 2006 # of # of # of # of Division Volunteers Hours * $ Value Volunteers Hours *$ Value Administration 5 15 $296 10 30 $20 Senior Services 94 1,655 $32,670 225 2,565 $36,090 Human Services 30 98 $1,935 60 198 $2,772 Sports 11 772 $15,239 228 7,344 $102,816 Special Events 6 79 $1,559 80 553 $7,742 Performina Arts 93 618 $12,199 72 250 $3,500 Teens 43 832 $16,424 134 2,431 $34,034 Youth Proqrams 3 27 $533 2 76 $1,064 Totals 285 4,096 $80,855 811 13,447 $188,438 *Based on $19. 74/hour - State average as determmed the Callforma Independent Sector. P42 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 Special Needs Programs: . The Special Olympians Club is our newest edition to our Special Needs Program. This exciting sport program will offer a variety of sport opportunities including basketball, bowling, volleyball, soccer and cheer. All sports offered will coincide with the Southern California Special Olympics tournaments and events. Our fall session starts out with basketball with practices beginning on October 17'h. . Friday Nioht Fun Club is a special monthly activity where participants will be able to meet new friends and increase their self-esteem. Every other month participants enjoy fun themed activities that include a special activity craft, games, food and much more. Upcoming fun nights include: "Halloween Hop" Dance on October 27th. These events take place at the Goldy S. Lewis Community Center at Central Park . The fall session of the Star Performers class gives participants the chance to learn special holiday songs and dance routines. Participants will perform at City Founders Day Parade and holiday events to show off their new skills. Classes are held weekly at the Goldy S. Lewis Community Center. To date, fourteen performers have registered for this exciting program. . Creative Craftino - participants have the opportunity to create special holiday themed crafts including: reindeer magnets, turkey pictures, and much more. Classes are held on Saturday afternoons at the Goldy S. Lewis Community Center. . The Friend of a Friend program is designed to match parents of special need children with parents with similar needs. This program enables parents to share experiences, advice and information with one another. To date, twenty-seven (27) 'Friends' are participating in this program. Youth: . The table below summaries youth prooram attendance for the month of September. Program Classes/Sites Attendance Playschool 63/4 20,150 Lewis Partnership Kids Club @ Evergreen & Del Mar & Terra 4 sites 210 Vista & Carmel Apartments . Mobile Recreation "Fun on the Run" Program offers a variety of active games and sport activities for participants including "themed activities", The program was down the month of September due to scheduled maintenance. In addition, the trailer was painted with a beautiful mural added inside the trailer. Fall session began on October 2nd and will run through November 17'h Mobile Recreation also participated at the Grape Harvest Festival during the reporting period, The table on the following page outlines our upcoming fall schedule: P43 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 Park Location Bear Gulch Hermosa Old Town Elena Windrows Time Frame 2:30 until 5:00 .m. 2:30 until 5:00 .m. 2:30 until 5:00 .m. 2:30 until 5:00 .m. 2:30 until 5:00 .m. Teens: . The table below summarizes teen proqram attendance for the month of September 2006: Teen Connection . The Teen Center opened for the fall on September 11th with a new look and new equipment including a new ping pong table. air hockey table. two new pool tables, and several new pieces of furniture. The teens love the new look and the addition of color to the facility. . Two seminars to assist college bound students were held at the Goldy S. Lewis Community Center this fall. The seminars. Colleqe Application Essav Writinq and Colleqe Admissions was presented by Princeton Review on Tuesday, October 3"' and Tuesday. October 10th. Both of these programs were very well received by our teens and their parents. . Our annual Colleqe Fair sponsored by the Community Services Department and our local high schools will take place on October 12th from 6:30 p.m. until 8:30 p.m. at the Goldy S. Lewis Community Center at Central Park. This event is the perfect opportunity for college teens and their parents to gather information from participating colleges. . After a very busy summer, our Teen Recreation Activitv Club (TRAC) continued their Night on the Town babysitting service during the month of September and provided three nights of service. On September 30th several TRAC members participated in the Rancho Cucamonga Day LA Fair. The month of October starts off TRAC's official fall season of programs, activities and service projects. . Teens have started to sign up for our Teen Connection program this month and are being placed in various Community Services Department's programs and activities. The Cultural Center has been added to the list of possible volunteer locations for the first time for our teens. Youth Sports: . The table on the following page summarizes vouth sports activities for the reporting period: P44 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 Activitv # ParticiDants Age/Gender # Teams Pee Wee Soccer 469 3-5/bovs & qirls 62 Youth Basketball 781 6-16/bovs & qirls 88 Youth Flaa Football 254 6-13/bovs & qirls 20 Cucamonqa Middle School Judo 80 8-adult N/A RC Family Sports Center: . The table below provides drop-in/open plav participation at the Center for the reporting period: Activitv # Participants Adult Basketball 231 Youth Basketball 884 Adult Racquetball 326 Youth Racquetball 303 Adult Vollevball 3 Youth Volleyball 32 Jazzercise 1,100 Adult Sports: . The table below summarizes adult sport activities for the reporting period: Activitv # Participants # Teams Gender Softba II 2,592 165 Males/Females Tennis 16 N/A Males/Females Racauetball 22 N/A Males/Females Basketball (Full Court) 192 24 Males Football 88 11 Males Soccer 152 19 Males . There are four (4) adult softball tournaments scheduled for the month of October at the Epicenter and Adult Sports Park. . The Senior Advisorv Committee met on October 11th. At this meeting the 2007 spring (February 1, 2007 - July 31, 2007) field allocation requests were due. Special Events: . The 2006 Grape Harvest Festival Arts & Craft Fair sponsored by Rancho Cucamonga Chamber of Commerce and the City of Rancho Cucamonga was held on October 6th and 7'" at the Victoria Gardens regional town center. Activities included: arts and craft vendors, pie- eating contests, grape stomps, fun zone area for children, wine tasting and a community stage for entertainment. . Staff has started work on a public opening for Leqacv Park. This neighborhood event is tentatively scheduled for late October. The event will provide an opportunity for residents surrounding the park to come out and see Rancho Cucamonga's newest passive park area. P45 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 . On Saturday, November 11th the City's annual Founders Dav Parade will take place at the Victoria Gardens regional town center. The parade steps off at 9:30 a.m. with a theme of "Everything Seuss". . Staff is working with the Community Foundation to plan the 2006 Gala for the Arts benefiting the Promoting Arts and Literacy (PAL) Campaign. This invitation only, black-tie event will be held on Saturday, December 2, 2006 at the Victoria Gardens Cultural Center. The evening will provide an opportunity to acknowledge and thank the many PAL Spotlight donors who have given generously to make the dream of the Cultural Center a reality. Cultural and Performing Arts: . Thornton Wilder's Pulitzer Prize-winning American Classic, Our Town, will be the first RC Community Theatre production to be performed on the Lewis Family Playhouse stage. Fulfilling the City's Vision 2010 goals to "provide opportunities for artistic expression" and "encourage both observation and participation", 30 local residents have been working since August with Director Michael Naffziger to present this heartwarming play to the community. Our Town plays Friday and Saturdays at 7:30 p.m. and Sundays at 2:00 p.m. on October 20-22 and October 27-29. . Nearly all of the RC Theatre Arts Academy classes for children have reached capacity during the 2006 fall session. Many participants are new to the program and the increase can be directly contributed to publicity generated by the Academy's new location, Celebration Hall at the Victoria Gardens Cultural Center. . Local talent continues to audition for the Sootliqht on the RC, the City's first official talent showcase. A first round of auditions took place on October 13th additional auditions are also scheduled for November 19th. Space is still available for those interested in auditioning. Local merchants are providing gifts and cash prizes for the event. Finalist from the auditions will go on to perform at the Library Telethon to be held the weekend of December 1-3, 2006 at the Cultural Center and broadcast over the local Charter access station. Recreation Contract Classes: . Classes in our fall session began on September 9th and continue through December 1st. During the fall session 275 classes are offered with 5,452 community members currently enrolled. Attendance in our fall classes toped 138,000. Facilities: . The table below illustrates the number of rentals/bookinqs and attendance fiqures for our community facilities during the month of August: Facility Rentals # Rentals/Bookinas Attendance Lions Center East 69 1,968 Lions Center West 185 2,221 James L. Brulte Senior Center 70/168 11,769 Goldv S. Lewis Communitv Center 73/119 13,849 . Staff continues to meet quarterly with users of the Equestrian Center to address maintenance needs and programming. Our local riding groups include: Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga P46 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 Citizen Mounted Patrol. 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 below provides usage information for park picnic shelters and special use facilities for the month of September 2006: Park/Shelter Attendance # Rentals Red Hill 3,067 53 Heritaae 935 22 Milliken 565 23 Hermosa 405 16 Covote Canyon 195 8 Civic Center 150 1 Courtyard. Amphitheatre 150 7 TOTAL 5,467 130 Equestrian.. Participants:783 14 Spectators: 115 ... Courtyard Unavailable ..Equestrian participants include drop-in use. Epicenter Rentals/Activities: . The following rental activities took place during the reporting period: ~ Leukemia, Lymphoma Society - Light the Night Walk - October 8, 2006 - Epicenter Stadium. . Staff is working with the fallowing applicants for upcominq rentals and activities: ~ Rancho Cucamanga Library - Bookmobile Driver Training - October 16, 2006 - Special Event Area. ~ Animal Care and Adoption Center - Public Grand Opening - October 21, 2006 - Epicenter Soccer Fields. ~ Active Ride - Bling Fest 2006 Skate Demonstration and Concert - November 18 & 19, 2006 - Special Event Area. Park and Recreation Commission: . A ioint meetinq between the Commission and the City Council was held on October 9th. The following topics were reviewed/discussed at this meeting: ~ Overview of Senior Transportation Need Analysis Report and review of a proposed action plan. ~ Presentation on Aquatics Center models and review of Feasibility Study results. P47 Mayor and Members of the City Council Parks, Recreation Facilities and Community Services Update October 18, 2006 . The next meeting of the Park and Recreation Commission is scheduled for October 19, 2006. At this meeting the following items are agenized for review/discussion/action: ~ Senior Advisory Committee Update. ~ Sports Advisory Committee Update. ~ Review and discussion of potentiai park project summary analysis charts. ~ Approval of street banner applications and schedule for caiendar year 2007. Rancho Cucamonga Community Foundation: . Communitv Foundation Board of Directors met on Wednesday, October 11, 2006. The following items were discussed/acted upon by the Foundation: ~ Review and approval of a Community Foundation Action Plan - October 2006 through December 2006. ~ Update on the 2006 Gala for the Arts benefiting the Promoting Arts and Literacy (PAL) Campaign. ~ Review and approval of Phase 2 donor benefits for the Promoting Arts and Literacy (PAL) Campaign. ~ Update on current solicitation efforts for the Promoting Arts and Literacy (PAL) Campaign. ~ Discussion regarding conducting a joint special meeting with the Library Foundation. Joe O'Neil City Engineer R~~ "'.~fIj Kevin cArdle Community Services Director 1:\COMMSERVlCounci/&BoardsICityCounciAStaffReporlsI2006Iupdatel O. 18.06. doc P48 RAN C HOC U C A M 0 N G A K!ii'i:.~I!.'t'":U~~CJ,.'~';1!~t~~;;.j,?f.....!"~",,,,,~,~ u.' .......,"""". ~_lf1!;:1:,_.,..~ftc,:~"',.;.:'J';~"':'.'T"~"'''.1!'."",f.1,',,,,,,mr.~'":;"",.~./w."'_>r.:'ii't&'lffi,l}t::h~ COMMUNITY J'>ERVICES Staff Report DATE: TO: FROM: BY: SUBJECT: October 18, 2006 Mayor and Members of the City Council Kevin McArdle, Community Services Director Paula Pachon, Management Analyst III APPROVAL OF A REQUEST FROM VALLEY BASEBALL CLUB INC. (DBA: QUAKES) FOR A WAIVER OF RENTAL FEES FOR USE OF THE EPICENTER STADIUM ON WEDNESDAY, OCTOBER 25,2006, FOR A SEASON TICKET HOLDER WORLD SERIES ACTIVITY RECOMMENDATION: It is recommended that the City Council approve a request from Valley Baseball Club, Inc. (dba: Quakes) for a waiver of rental fees for use of the Epicenter Stadium on Wednesday, October 25, 2006, for a season ticket holder World Series activity. BACKGROUND/ANALYSIS: City staff has received a letter from the Quakes requesting to host a World Series party at the Epicenter for approximately 200 of their season ticket holders, corporate clients and individuals from the Quakes Heavy Hitters Club. The event would be held on Wednesday, October 25, 2006, from 4:00 p.m. until approximately 10:00 p.m. and would be free to their invited guests. Hors d'oeuvres, soft drinks, beer and wine would be served while attendees watched the World Series game from the left field cafe and the in-field of the Stadium on the Quakes' video board. The Quakes would be responsible for their own set-up and clean-up of the event. The Quakes have indicated that this event has been designed as both a thank you for their clients and an opportunity for the Quakes to advertise their 2007 season. As this event promotes both the Quakes and the Epicenter it is recommended that Council approve the Quakes request for a waiver of rental fees for the event. Following our City approved policy for waiver of fees and consistent with prior years, the Quakes would still be responsible for the payment of any direct service fees and charges. P49 Mayor and Members of the City Council Approval Request from the Quakes to Waive Rental Fees Associated with World Series Activity at the Epicenter October 18, 2006 Page 2 FISCAL IMPACT: Should the Council approve the waiver of the rental fees for this event the fiscal impact to the City would be $2,000. The Quakes would be required to any pay direct Public Works costs associated with the facility use and staffing for the event. In addition, the Quakes would also be required to submit public liability insurance naming the City of Rancho Cucamonga as additionally insured for the event. 1:\COMMSERVlCounci/&Boards\CityCounciIlSlaffReports\2005\FeeWaiverOuakesWorldSeries1 O. 19.05.doc ~~ ~/1t R!~~~ f "JIll ~~;.~ rJ' ".,M..J;Iii~~ II -~'~~ ~C> "(tCAt4.0 P50 October 3,2006 Kevin McArdle Community Services Director City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Dear Mr. McArdle: The Rancho Cucamonga Quakes would like to host a World Series party at the Epicenter on Wednesday, October 25,2006 for our season ticket and ticket plan holders. Estimated time of the party would be from 4pm-1 Opm. The party is a free event for our ticket holders as a perk and thank you for their continued support of Quakes Baseball. This event is a great way for our fans to socialize and get to know the Quakes front office staff and their fellow fans. Our plan includes serving food and drinks for those in attendance, as well as setting up twenty tables often on the infield with buffet tables in front of the dugouts. We plan on watching the game on the stadium video board. Our staffwill be responsible for the clean up associated with the event. We respectfully request the rental fee of the stadium to be waived as part of one of our three dates associated with the July 4 provisions. Feel free to contact me with any questions or comments. Sincerely, J~)A~ Gerard McKearney Executive Vice President & General Manager cc: Paula Pachon Rancho Cucamonga Quakes Professional Baseball Club 8408 Rochester Avenue' P,O, Box 4139 . Rancho Cucamonga, CA 91730 Administration (909) 481-5000 . Ticket Office (909) 481-5252 . Fax (909) 481-5005 . www,RCQuakes,com Ca(ifornia League 'Affi(iate of the 'Angers P51 THE 1,:.;;.0 C I T Y o F , '<,?:,>j RANCtlO CUCAMONGA Staff Report DATE: October 18, 2006 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James Troyer, AICP, Planning Director BY: Tabe van der Zwaag, Assistant Planner SUBJECT: CONSIDERATION OF PUBLIC CONVENIENCE OR NECESSITY DETERMINATION DRC2006-00848 - NICK NAZARI FOR HAVEN CAR WASH - A request for a Public Convenience or Necessity determination for a Type 20 Off-Sale Beer and Wine license for a convenience store in the Industrial Park District (Subarea 6), located on the northeast corner of Haven Avenue and Jersey Boulevard - APN: 0209-491-14. RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience or Necessity for Haven Car Wash through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS: A. Backqround: The Haven Car Wash is located at the northeast corner of Haven Avenue and Jersey Boulevard, as shown on the attached project location map (Exhibit A). The applicant's business presently consists of a car wash and gas station. On September 28,2006, the applicant received approval from the City to construct and operate a 1,100 square foot convenience store on the same site. The convenience store will sell packaged foods, general household items, and beer and wine. They will not sell videos or have coin-operated amusement devices. The proposed hours of operation are from 6:00 a.m. to 10:00 p.m., seven days per week. B. Requirements from the Department of Alcoholic Beveraqe Control: The Department of Alcoholic 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 licenses in this census tract (0021) total 26. This is 9 over the limit of the 17 licenses and thus necessitates a finding of Public Convenience or Necessity. Additionally, ABC staff stated that a finding of Public Convenience or Necessity (PCN) is required by the local agency (as governed by Section 23958 of the Business and P52 CITY COUNCIL STAFF REPORT DRC2006-00848 - NICK NAZARI FOR HAVEN CAR WASH October 18, 2006 Page 2 Professions Code), because of a moratorium on all new ABC licenses within San Bernardino County. The legislation purposely left the term Public Convenience or 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. C. Facts To Support A Public Convenience or Necessity Determination: The following are facts to support the requested Public Convenience or Necessity. Fact: A retailer of alcoholic beverages, package foods, and general household items is a common and accepted business. Fact: The site is located at the northeast corner of Haven Avenue and Jersey Boulevard; Haven Avenue is designated as a major thoroughfare and the site is suited for this type of business. Fact: The census tract in which the site is located (0021) also includes the Ontario Mills shopping center, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods. Fact: The site is not close to sensitive users, such as day care facilities, schools, and/or churches. Fact: Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of beer and wine to the market's proposed selection of packaged foods and general household items. CONCLUSION: Based on the above analysis, staff finds that the off-sale beer and wine license (Type 20) at the site will not have a negative impact to the surrounding uses. ""poc""" ,"b~ J'Z: A'CP Planning Director JT:TV\ma Attachments: Exhibit A - Project Location Exhibit B - Site Plan Exhibit C - Business Description dated September 27,2006 Exhibit D - Census Map Exhibit E - Alcoholic Beverage Control Application Work Sheet Resolution of Approval for Public Convenience or Necessity DRC2006-00848 P53 ,\'",,"":1 I,"~"~ O~"1Clrd ru~'::>~-~l ... C t D1 L . '/---~./I ;;:=::= ~ I C",-"-'_IIJ11 ~_"_'Y,' I..;lvic en lOr ~ ~ ,?".J.:/ II J L_~~ -. ;-. ::ooj. , 1> ,/. ~I -- Q.,' ~ ! -~)l <1J \\ ~...,f..'> \\ 'f"11/ ... - PI",cel 5t E Lh.~_dyO-" . d \\ "/' 'I'L ;t.'.' q-, ' --, -r- --"" D, ~ ':'>:f./' ~'ri' elll ,"J~A~~:~,,__ HJ _JL.J[~Lj ;~L11'-=--::--=-ll'~~~i]J . -=--l~'~t--kb~Ct /) - 'if :~~t df, D n;111 ~L.n C't ~'1I c~ C F;:~~~ D. ,I~ 1~~I,~IJ~~~d" 'I' ':;,~iJ~ Jrll~ ~r L ~~'-lC==O~'~lIn. W,., ~ ; -'::;~f :t:tLJ ~]~"~~"I~ .-.--c---'----tr=.=......--.....---.--' I ~ II ;7\hSt~ j I ir'lll ,.,. . , lU ~.lf.::;\:;~y4~Il;ire J> 'l .;~t~;}:'7;~';6%t'~ a -<"~' ~ . ,~_, . C ~':~r'" \ ~ '."'1. ~ '~)~ "..,0 . ,~, 'It:',' . ---"-----=7..." ,-'... " ~II ,". - _~:ll ';,,(.,., :; -;:;r.. PROJE9T SITE EXHIBIT A ~.. . , , ,I .....:J ..0"'0......:10:) ON:)"''''" ..~^W NilNf'H LLL. HS'd'MIIV:t N~^"H ..::':~~~~ . ... P54 . ~-- US,.Dl]-")IW lL!,l J----- L I \ J/) ~, Hmo:) 30ClNOV\l EXHIBIT 8 _J III :-::_:::~f::::l , . , L------l~__n" j_U___ .l-nui , L____________.J r-- , , i I r~ , , o ,~o C?' o (~ -- 'I'r::s tJ- I" m ~ _n - ;,: /:t i 001:) _: I ' 11 . "n, "- , . f , , , , ?I! :I! I 'I' c:() I..I! 1- ..I. i Att:;,' '~ _J.~~ ,I. "-., '~\';1. O~'t I.'\~%t~: , ~N ~I-~j~ ).'1'j.I'~ "~~;;~"l '~~.'t~" ".!"~ '7 , I~~~ '.- "I", II Ii ,~, '!' 0 (1'; > 'lid --l aJ ~ Iii: II: >- ~ Ii I !' W ~ to :)!ili (f) 0:: ~ "1 w . I I'll " -, 0 I'ill w 0 " I a,!: ~ I:!) r!.l P55 DA: 9/27/2006 TO: CITY OF RANCHO CUCAMONGA FR: HAVEN CAR WASH 8777 Haven Ave. We are requesting an off site (#20) beer and wine license from ABC. Our business consist of a full service carwash with gas station and a mini mart to be built soon, (CUP pennit #DRC2006-00437). Our hours of operation is seven days a week from 6am to lOpm for gas and seven days a week from 8am to 6pm for the carwash.. The reason that we need a convenience and nesessity letter is because, it is a requirment from ABC. We are located in a heaviley con jested indusrtrial area with very few stores around us. The number ofbeer&wine licenses allowed is 17 and there are 26 existing licenses. We think that we are in an ideal and safe location for a mini-mart that also sells beer and wine. It has become very hard to make a profit in our business anymore so we need additional profit centers to be able to compete with our competetors. THANK YOU FOR YOUR CONSIDRATIONS EXHIBIT C ~ ~ -- tn tn (1) o (1) Zco ....~ Oco (1)0 OC;> c:(Q (1)0 -- 0 C:N (1)0 >Q:: SO o o -- - .c ~ a.. Q) :::l J:C: III Q) n:s~ 3:c: ~ Q) n:s > Un:s c:::I: ..,J Q),...::! :s: 1;::: i: 0 ::I: CO 0 ~ ~ c::c ;, . F j . 'I, ,O...J t ! ! 33~:)AtfcJE i--1.~ c-i-- \ I ; - !...., ~ " '1\ ! ~ :; ~\ ,', ,/"''1",~ i ~ '''"' ~ 1 ;},<(O '\,.-; J' \ ) 1ft fo LI_' .-'..", I "\'--r-r'~'-'-"t 1 j I '--'~ t I ~ '~JTt),' t 1'1: 0.'" ,i "1 -,- . ~"""':rot /T'r\...,)j t i I, ! ,,<(.1';'.,....# r~ , . "I't i)1 'i a '. f-\ I ~", , . . ,~"~__,~~~,_",,,(-';r-,._,,:=, '~""~-;~N3"AtfH1 " .... "I I \ I t ..., " \.1 l-r- , . I , 0" J t.N;' Ii ' .' I" ,'......., , ,I , ; ""~-:' '~-r"~" '- (io--rs~~B3R'1 . ~ t-~- ~~;'~'i---~8i~f"i-<-~-- I ~.. l '~-i-~--:NtfW~.' 13HJ .0 (II') .' "'I ~. .." ,', ~! Ntf/13N~tf:) ~,- - ," 8.,....~. .., J:::>;';'-,.~...a_,..~:.3~~~'1\ "'I ~. or-:: \.'" ,._'.-J ol~ co';';; o 0 . 'i,~ o . I ;P6-'.'.' -t~ ....'. ~'.. 0') o . o N o o P56 i: \ " ~L.'. L N3>1/11fW ~<: -0 ..,J ..,J~ :t :s; "'I o . o "'I,., o '0 P57 23958.4 B & P APPLICATION WORK SHEET I'REMISES ADDRESS: ~'7'1'7 f-/4VE:-,J A~O ~mD^-.ty't / 7 () - OFF :5A-/c fJ vt: C-4 41'(30 - s/{z,.. LICENSE TYPE: Total number of reporting districts: 1. ~RIME REPORTING DISTRICT/, :Jurisdiction unable to provide s.~ta 'stical data. Reporting District: /. / / Total number of offenses: Average number of offenses per diLt: ./ 120% of average numb7r 0 ffenses: Total offenses in 7 t: . . Location is with.in a high crime reporting district: Yes/No 2. CEN~TRACT UNDUE CONCENTRATION Census Tract: COLI, Population /County Ratio 1 II ZlP Number of licenses allowed: Number of existing licenses: Undue concentration eXists~O Letter of public convenience or necessity reqUire~ning Bod Three time publication reqUired:~O ~ I . q It/IOU' . Person Taking A lication Investigator Supervisor EXHIBIT E P58 RESOLUTION NO. 06- 3/ (. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6), LOCATED ON THE NORTHEAST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD - APN: 0209-491-14. A. Recitals. 1. Nick Nazari, for Haven Car Wash, has filed an application for Public Convenience or Necessity Determination DRC2006-00848, as described in the title of this Resolution, for a Type 20 (general off-sales) 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 18th day of October 2006, 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 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 meeting on October 18, 2006, including written and oral staff reports, this Council hereby specifically finds as follows: a. The applicant's business presently consists of a car wash and gas station. On September 28, 2006, the applicant received approval from the City to construct and operate a 1,100 square foot convenience store on the same site. The convenience store will sell packaged foods, general household items, and beer and wine. They will not sell videos or have coin-operated amusement devices. The proposed hours of operation are from 6:00 a.m. to 10:00 p.m., seven days per week; and b. A retailer of beer and wine, packaged foods, and general household items is a common and accepted business; and c. The site is located at the northeast corner of Haven Avenue and Jersey Boulevard; Haven Avenue is designated as a major thoroughfare and the site is well suited for this type of business; and P59 CITY COUNCIL RESOLUTION NO. 06- DRC2006-00848 - NICK NAZARI FOR HAVEN CAR WASH October 18, 2006 Page 2 d. The census tract in which the site is located (0021) also includes the Ontario Mills shopping center in the City of Ontario, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods. e. Staff does not anticipate that the addition of beer and wine sales will significantly increase traffic flow to the site, with the majority of customers coming to the site to either refuel or have their vehicles washed; and f. Rancho Cucamonga residents would be afforded more convenient shopping opportunities of the convenience store with the addition of beer and wine to the proposed sales of packaged food and general household items. 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 Haven Car Wash 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 Haven Car Wash will service the Public Convenience or Necessity. 5. The City Clerk shall certify the adoption of this Resolution. P60 RANCHO CUCAMONGA COMMUNITY S~RVICEI\ Staff Report DAlE: TO: FROM: BY: SUBJECT: October 18, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager - Kevin McArdle, Community Services Director' (- Ii' Daniel Schneider, Community Se~ices supervisor~Wl APPROVAL OF A RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION TO INCREASE THE FUNDING LIMITS AVAILABLE FOR SCHOLARSHIP PROGRAM PARTICIPANTS INVOLVED IN RECREATION PROGRAMS RECOMMENDATION: The Park and Recreation Commission is forwarding a recommendation that the City Council approve the request to increase the current Scholarship fund limit of $65 per individual per year and $200 per household per year to $130 per individual per year and $400 per household per year. BACKGROUND/ANALYSIS: At the October 21st Park and Recreation Commission meeting staff recommended an increase for the current Scholarship program and its funding limits of $65 per individual per year and $200 per household per year to $130 per individual per year and $400 per household per year which was passed unanimously by the Commission. The Scholarship Assistance Program was established in 1993 to ensure that all City residents are afforded an opportunity to participate in Community Services classes and programs should they require short-term financial assistance. Applicants must meet the maximum gross income criteria established by the U.S. Department of Housing and Urban Development based on family size. If they meet these requirements, the registration fee for one to two family participants will be a minimum of 30% of the program fee and a minimum of 10% for three or more family participants during each session, for example: the registration fee for one person for a $60 class is $18 ($60.00 X 30%=$18.00). The $42 funded by the City would then be deducted from the total scholarship limitation which is currently $65 per person and $200 per household. Since the inception of the Scholarship program, staff has not adjusted the scholarship funding limits for individuals and households. The original scholarship limits were P61 CITY COUNCIL RECOMMENDATION TO INCREASE FUNDING LIMITS FOR SCHOLARSHIP PROGRAM PARTICIPANTS OCTOBER 18, 2006 PAGE 2 established when the average class fee was $20. The average class fee in 2006 is approximately $60 but the limits have remained constant. Due to low individual and family scholarship limits, scholarship participation in the program has diminished over the years. By raising these limits, the City will offer these families the opportunity to register for five out of six swim class sessions or two seasons of a youth sport or two out of three playschool sessions. Recently, these families were limited to registering for only three Swim Sessions or one Youth Sport or one Playschool Program. The Scholarship program is funded by the revenue of non-resident fees. The City previously received approximately $40,000 in non-resident fees and utilized approximately $20,000 for the Scholarship funding. The current non-resident fees have been increased from $5 up to $10; this will present the City the ability to project $75,000 in revenue from non-resident fees which will provide the $40,000 in funding needed to 'make this recommendation feasible. Kevin cArdle Commu ity Services Director 1:ICOMMSERVlCounci/&BoardsICityCounci/IStaffReportsI2006IScho/arshipfundingincrease.doc - 2- P62 STAFF REpORT ENGINEERING DEP.\RnIENT Date: October 18, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Dale B. Catron, Facilities Superintendent Dawn Haddon, Purchasing Manager Subject: APPROVAL TO AWARD THE PURCHASE OF ONE (1) LOT OF HUBBELL SPORTS LIGHTING FROM CEO. ONTARIO IN THE AMOUNT OF $48,828.82, AS PER RFB#06/07-001, TO BE FUNDED FROM ACCOUNT NUMBER 1130303- 5650/1484130-0 (LANDSCAPE MAINTENANCE DISTRICT NO. 1 CAPITAL IMPROVEMENTS) AND APPROPRIATE $8,830 INTO ACCOUNT NUMBER 1130303- 5650/1484130-0 (LANDSCAPE MAINTENANCE DISTRICT NO. 1 CAPITAL IMPROVEMENTS RECOMMENDATION It is recommended that the City Council authorize the purchase of one (1) lot of Hubbell sports, lighting from CEO. Ontario in the amount of $48,828.82, as per RFB#06/07-001, to be funded from account number 1130303-5650/1484130-0 (Landscape Maintenance District No. 1 Capital Improvement) and appropriate $8,830 into Account Number 1130303-5650/1484130-0 (Landscape Maintenance District NO.1 Capital Improvements). BACKGROUND ANALYSIS The lighting for East Beryl Park is original to the construction of the park and in recent years, the fixtures have proven to be troublesome and expensive to maintain. During analysis for additional repairs, it was discovered that replacement was a less costly option. Staff contacted one of our lighting consultants and requested them to develop specifications for new fixtures on the existing poles that would provide equal lighting levels with much higher reliability. These specifications were given to the Purchasing Department to solicit bids and were sent to seven (7) vendors as well as posted on the City's Web site. The solicitation resulted in three (3) responses. After careful review and analysis of the three responses, the Purchasing Division and Engineering Division staff has determined that CEO Ontario is the lowest, most responsive, responsible bidder, meeting the City's specifications. The abstract is attached for review. ReS~;tfUIIY(jSU 7 i~.ted,}',,7, ",- I .,/ / .,:#1/', iJAI//:..f4p/1 L-....-///1/l/j?c (/0'/[ // Fo .rt.. / '?/William J. O'Neil City Engineer WJO:GG:ju P63 STAFF REpORT ENGINEERING DEP.\RTMENT Date: October 18, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Greg Gunski, Fleet Supervisor Dawn Haddon, Purchasing Manager Subject: AUTHORIZATION FOR THE REPLACEMENT PURCHASE OF ONE (1) FORD F-250 SERVICE BED TRUCK WITH A LADDER RACK FROM FAIRVIEW FORD FLEET AND TRUCK CENTER OF SAN BERNARDINO, CA AS AN OFF-THE-LOT PURCHASE NOT TO EXCEED THE AMOUNT OF $22,629.79 AND AUTHORIZATION TO APPROPRIATE $22,629.79 INTO ACCOUNT NUMBER 1712001-5604 (VEHICLE AND EQUIPMENT REPLACEMENT FUND) RECOMMENDATION It is recommended that the City Council authorize the replacement purchase of one (1) Ford F- 250 service bed truck with a ladder rack from Fairview Ford Fleet and Truck Center of San . Bernardino, CA as an off-the-Iot purchase not to exceed the amount of $22,629.79 and authorization to appropriate $22,629.79 into account number 1712001-5604 (Vehicle and Equipment Replacement Fund) BACKGROUND ANALYSIS As you are all aware, recently, the City experienced a second tragedy when we lost one of our City employees in a traffic accident. While we continue to try to heal emotionally from this loss, we also need to return back to business as usual with respect to the duties this employee performed. As such, it is necessary to replace the vehicle that was involved in the accident. Purchasing conducted a quick quote among local auto dealerships for an off the lot purchase. After review from Engineering staff, a truck meeting the required specifications was selected The price has been determined as price reasonable; therefore, Purchasing is recommending proceeding with the award for immediate delivery. ~espeMt,fu111 ;S,~br;n i)t<1, " : / .//'.'1 I 1/, / /. I '-~/// ~ f'0tft/ { /,'William J. O'Neil/ ;::Y/.(Z.. / City Engineer , WJO:GG:dlw P64 STAFF REpORT ENGINEERlNG DEP.\RnIENT Date: October 18, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Cam Amos, Assistant Engineer Subject: APPROVAL OF MAP, MONUMENTATION CASH DEPOSIT, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PUBLIC STREET IMPROVEMENTS, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17653, LOCATED ON THE NORTH SIDE OF JERSEY BOULEVARD EAST OF WHITE OAK AVENUE AND WEST OF MILLIKEN AVENUE, SUBMITTED BY PANATTONI DEVELOPMENT CO., LLC. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Parcel Map 17653, accepting the subject agreement, securities and monumentation cash deposit, ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. I and 6 and authorizing the Mayor to sign said agreement and the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Parcel Map 17653, consisting of a subdivision creating two additional parcels where there is currently an industrial building, located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue in the Industrial Park District (Subarea 9), was approved by the Planning Commission on June 19,2006. The Developer, Panattoni Development Company, LLC, is submitting an agreement, securities and monumentation cash deposit to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond $ 115,200.00 Labor and Material Bond $ 115,200.00 Monumentation Cash' Deposit $ 2,550.00 Copies of the agreement and securities are available in the City Clerk's Office. P65 CITY COUNCIL STAFF REPORT RE: P "-\RCEL MAP 17633 OCTOBER 18, 2006 P,IGE 2 A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. ~ ~:~ p.eGtt /~:vey;lY~S bttt"~,~,,,~,,;, / ~,.L:/' L /' .', (:/4 . ./ /;" fo~'-- AilliamJ. O'Neil City Engineer WJO:CA:tv Attachment( s) CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION 10 VICINITY MAP NTS ITEM: TITLE: EXHffiIT: P66 NORTH Ii )"= P67 RESOLUTION NO. f)~. 3/1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING PARCEL MAP 17653, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND MONUMENTATION CASH DEPOSIT. WHEREAS, Parcel Map 17653, submitted by Panattoni Development Company, LLC, and consisting of a subdivision creating two additional parcels where there is currently an industrial building, located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue in the Industrial Park District (Subarea 9), was approved by the Planning Commission of the City of Rancho Cucamonga on June 19,2006; and WHEREAS, all the requirements established as prerequisite to approval by the City Council of said City have now been met by posting the Improvement Security by Panattoni Development Company, LLC, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement, Improvement Securities and Monumentation Cash Deposit submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and that said Parcel Map 17653 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. P68 RESOLUTION NO ~... 3/i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17653 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 "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. I and Street Lighting Maintenance District No.6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 1972 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation ofresolutions, 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 owner 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 xmD of the Constitution of the State of California ("Article XlIlD") 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 fornls 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 P69 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not 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 PARCEL MAP 17653 P70 Exhihit A Identification of the Owner and Description ofthe Property To Be Annexed The Owner of the Property is: General Latex and Chemical Corporation, a Massachusetts Corporation The legal description of the Property is: THAT PORTION OF THE SOUTH y, OF SECTION 12, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY SURVEYOR GENERAL, DATED SEPTEMBER 18, 1865, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 1026.04 FEET OF SAID SECTION 12, WITH THE WESTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY AS DESCRIBED IN DEED RECORDED FEBRUARY 6,1914, IN BOOK 542, PAGE 243 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 59' 30" WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 1092.03 FEET; THENCE NORTH 00 15' 40" WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 510.00 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO M-2 LEASING CO., RECORDED AUGUST 30,1968 IN BOOK 7086, PAGE 260 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 890 59' 30" EAST ALONG LAST SAID LINE A DISTANCE OF 687.83 FEET TO THE BEGINNING OF A TANGENT CIRCULAR CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 410.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND DISTANT NORTHEASTERLY FROM 10.00 FEET, MEASURED RADIALLY, FROM THAT CERTAIN CURVE DESCRIBED IN EASEMENT TO SAID RAILWAY RECORDED IN BOOK 7409, PAGES 723 THROUGH 728 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A RADIUS OF 400.00 FEET N.m A LENGTH OF 576.64 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CONCENTRIC CURVE A DISTANCE OF 584.61 FEET, SUBTENDING A CENTRAL ANGLE OF 810 41' 48", TO THE WESTERLY LINE OF SAID DEED TO SAID RAILWAY COMPANY RECORDED IN BOOK 542, PAGE 243 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 00 15' 40" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 159.21 FEET TO THE POINT OF BEGINNING. A-I PARCEL MAP 17653 P71 SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY. The above described parcels are shown on sheet A-3 attached herewith and by this reference made a part hereof. A-2 PARCEL MAP 17653 ~ w :z: 1';"'885 M9<! 511. III LNOIl.::lJS : ~.;ry;.)~--'W;';SiisM'iilsu o \,'S"99...i \ 21 NCIDJS '" .. ~! '>1 Iii :'00 ell ::8 ~ '",~~ ~I ;:1.i :g~~ oi 0;; ~....:l IE' z ~ <t!:~ <I :'::1,; "'~z ~ ..8:: ",. \' ,., ~<J~ i ;~~ N~ -0 zi? Ow 0> Uo Wz :~ :g ~<:OI:9 ~ CI (:!m . z "'0 ~ O.O:rZ ~ B- U O~ Z"WZ () w" o i=~ a.. J: l.L Z ti u 0< ~ <( ~ g~ ~ '" IJ.. Cl:: W UJ .::::: 0 ~3: ~ ~ <~ ~ ...J u l)~ ~ W~zq I- 0 . _ O ~ ~~ g 00 gJ f'V ~ tI) <( u.. w- e:{ <' U$ zz a.. iB .0 " (I') L.(') <0 t-- -iZ "~ ' -< . ., ~ 3 E. o ,! ., . .' . ,i.! , ~ i:~~~ " ; ~~ 0 ~~ii~.~ w ! z 13 U@tu ~ ii;'H z ! ~oz w .iH:1 W ".. 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"gl ~j ~i ~ ~ 10" 1'-'/1'-_ I'~ oll~ ,g~; 1,-, .. ~... !~a; 1":;'- ':- ,~.~ 1"0 ie~;t " ti > ". 0_ 0- 'o~ ",tri. t. ~ " . .:6 g~ .- g~ "t , ~ij ~, "- ~~ ~" ". ,I ~~ , c. ~~ * 2 !lI '" ;'j~ ~:~ !ffi~ 0" 1'0 " i!i'i ,,. ~::~ ~~8 ,.~"~.:;'~a<'OON I (,OOU\" ".9L.9'.DON) .8 I ~ 07 n/,,~~ t .. ~ ~ "- '!~ ~3df1:lI~O~~).~"O.dl s~ ' -':~'r ~ '" _HI' I I< 8-"'''~:lVjlpdl"Z/L-IC'<J ~ n~ !j,,, ~,;~~~~~ D<IOiUVIOa ' z ~l/j1li ,""... ~...~ 1ii JJ<;;~lr A"'"' . w:~~..~ !i''''~'''''- )f1N)/IV)I'O'Q]JIH... t ;:;: ~ .., :>,,, ~ "- u,o~'" .<0 NOOD3S.lINr ~ H' "'r z",. 3NI'.J1Nl1 < fil~ !~ ~~ ..,Q~ ~ ]f<l <;;V O]ld)~'" 8Z:. LJJ w ~..I" (J"''''90,"-(L/6(S""ld. "," gRI 01 c" '- C S'l~w 0 ~N .<0 ]015 NlJ10S .:!.-~, frl J ~ ~~ O~"'~~'g NOA03'SiH~Oj~ ~ ~~: i; ...."-"-' Hg:~~::~~~~:~l i ~ ~!1J e~ ~ '-3nN3^V)jV~~~~M~;7~._. : @ i^~ ii~ i~; m Ii' i'5~ ',' 3~~ @ <llIlI :t l- I:!: o II Z : ..... , ; i~. 0" !~: ~ 5- ~:~ ,!g j.' ad ~ "'-I f-< - -< I-' Z o ~ -< U o U ~O 0= ;>o<U E--Z U~ P72 (XI \ 't: ~ ..-l f-< E=: f-< - o:l ~ "'-I z o - C/l - > - Cl o ~ "'-I "'-I is o Gi P73 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-1 PARCEL MAP 17653 P74 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: PARCEL MAP 17653 Street Lights SLD # 1 SLD # 6 5800L Number of Lamps 9500L 16,000L 22,000L 27,500L 3 Landscaping LMD # 3B Community Trail DGSF Turf SF Non-Turf SF Trees EA 19 *Existing items installed with original project Assessment Units by District Parcel DU or Acres 1 4.52 2 3.11 3 4.27 S 1 9.04 6.22 8.54 86 4.52 3.11 4.27 L3B 4.52 3.11 4.27 B-2 PARCEL MAP 17653 P75 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2006/07. summarizes the assessment rate for Landscape Maintenance (Commercialllndustri al): The following table District No. 3B # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Comm/Ind Acre 2626.46 1.0 2626.46 $352.80 $926,615.09 The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is: Parcel I Parcel 2 Parcel 3 4.52 Acres x I A.U. Factor x $352.80 Rate Per A.u. = $1594.66 Annual Assessment 3.11 Acres x I A.U. Factor x $352.80 Rate Per A.U. = $1097.21 Annual Assessment 4.27 Acres xl A.U. Factor x $352.80 Rate Per A.U. = $1506.46 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Single Parcel 22,901 1.00 22,901 $17.77 $406,950.77 Family Multi-Family Unit 10,449 1.00 10,449 $17.77 $ 1 85,678.73 Commercial Acre 2,834.56 2.00 5,669.12 $17.77 $100,740.26 TOTAL $693,369.76 The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is: Parcel I Parcel 2 Parcel 3 4.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $160.64 Annual Assessment 3.11 Acres x 2 A.u. Factor x $17.77 Rate Per A.U. = $110.53 Annual Assessment 4.27 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $151.76 Annual Assessment C-! PARCEL MAP 17653 P76 STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Comm erc ial/Ind ustrial): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Comm/Ind Acre 2450.2 1.00 2450.2 $51.40 $125,940.28 The Proposed Annual Assessment against the Property (PARCEL MAP 17653) is: Parcell Parcel 2 Parcel 3 4.52 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $232.33 Annual Assessment 3.11 Acres xl A.U. Factor x $51.40 Rate Per AU. = $159.85 Annual Assessment 4.27 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $219.48 Annual Assessment C-2 PARCEL MAP 17653 P77 STAFF REpORT ENGINEERING DEP~\RnIENT Date: October 18, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO.9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16882, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF ETIW ANDA A VENUE, SUBMITTED BY LEWIS INVESTMENT COMPANY, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract Map 16882, accepting the subject agreement, securities, monumentation cash deposit and ordering the annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 16882 and authorizing the Mayor to sign said agreement. BACKGROUND/ANALYSIS Tentative Tract Map 16882, located on the north side of Foothill Boulevard, east of Etiwanda Avenue, in the Medium Residential District (8-14 Dwelling Units per acre), was approved by the Planning Commission on January 11 2006. This project is for a subdivision of 9.68 acres of land into a seven numbered and two lettered lots for the development of 99 attached condominiums with common recreation facilities and common area landscaping. The Developer, Lewis Investment Company, LLC, is submitting an agreement, secunlIes and monumentation cash deposit to guarantee the construction of the public street improvements in the following amounts: Faithful Performance Bond Labor and Material Bond Monumentation Cash Deposit $ 517,500.00 $ 517,500.00 $ 2,700.00 Copies of the agreement and securities are available in the City Clerk's Office. P78 CITY COUNCIL STAFF REPORT TRACT 16882 October 18,2006 Page 2 A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. ~);;l14) /'William J. O'Neil City Engineer WJO:WV:tv Attachment( s) # 15 MILLER AVE ~ z ~ "<( "<( ~ i-. <: t.f) ~ L5 ES PROJECT S/li FOOTHILL BLVD. CHESTNUT CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION P79 i-. V) e;s ::::;! CHESTNUT I~ "<( g ~ <: ~ Cl \...l .. N ITEM: 7je1CT /6Be~ TITLE:Y/CI/VITY M~ P8D RESOLUTION NO. ()(,..~, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16882 WHEREAS, Tentative Tract Map 16882, submitted by Lewis Investment Company, LLC and consisting of a subdivision of 9.68 acres of land into seven numbered and two lettered lots for the development of 99 attached condominiums with common recreation facilities and common area landscaping, located on the north side of Foothill Boulevard, east of Etiwanda Avenue, in the Medium Residential District (8-14 Dwelling Units per acre), was approved by the Planning Commission of the City of Rancho Cucamonga on January 11,2006; and WHEREAS, Tract Map 16882 is the final map of the division ofland approved as shown on the Tentative Tract Map; and WHEREAS, all the requirements established as prerequisite to approval of the installation of public street improvements by the City Council of said City have now been met by posting the Improvement Securities and monumentation cash deposit by Lewis Investment Company, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement, Improvement Securities and Monumentation Cash Deposit submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and that said Tract Map 16882 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. P81 RESOLUTION NO. V".. 3~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. I AND 8 FOR TRACT MAP 16882 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 "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No.9, Street Light Maintenance District No.1 and Street Light Maintenance District No.8 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 1972 Act 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 owner 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 xmD 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 fonus 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 . P82 RESOLUTION NO. TRACT MAP 16882 October 18. 2006 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XlIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B 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 TRACT MAP 16882 P83 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Lewis Investment Company, LLC, a California Limited Liability Company The legal description of the Property is: TRACT NO. 16882 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF THE SOUTH Y2 OF THE SOUTHWEST Y. OF THE SOUTHWEST 'I. OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I TRACT MAP 16882 EXHIBIT "A~~"" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. '1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND'iJ CHESTNUT ~ " ;;; ~ ~ & S7pJ;rl/f5//TS S(J(g( 71\ t't<; ;1bN' ltlff ~t.A ,Jlf/IWJ- P84 FOOTHILL BL VD. 8' cA. 81 Elf . 6~16 S,F CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA .. NORTH m 16'if~ P85 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.9 (LOWER ETIW ANDA): Landscape Maintenance District No. 9 (LMD #9) represents landscape sites throughout the Lower Etiwanda Area. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various sites maintained by the district consist of parkways, median islands and street trees. STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.8 (SOUTH ETIW ANDA): Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally, this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. B-l TRACT MAP 16882 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: TRACT 16882 Street Lights SLD# I SLD # 8 Landscaping LMD#9 5800L Community Trail DGSF Number of Lamps 16,OOOL 22,OOOL 9500L 7 1 Turf SF *Existing items installed with original project Assessment Units by District Parcel DU 99 S I 99 B-2 Non-Turf SF 8275 S8 99 P86 27,500L Trees EA 84 L9 99 TRACT MAP 16882 P8l Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.9 (LOWER ETIW ANDA): The rate per assessment unit (A.u.) is $375.91 for the fiscal year 2006/07. The following table summarizes the assessment rate for Landscape Maintenance District No.9 (Lower Etiwanda): # of Assessment # of Rate Per Physical Units Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 594 1.0 594 $375.91 $223,290.54 Family Multi- Parcel 692 1.0 692 $375.91 $260,129.72 Family TOTAL $483,420.26 The Proposed Annual Assessment against the Property (TR 16882) is: 99 Units xl A.U. Factor x $375.91 Rate Per A.U. = $37,215.09 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type 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 AlU1Ual Assessment against the Property (TR 16882) is: 99 Units xl A.U. Factor x $17.77 Rate Per A.U. = $1,759.23 Annual Assessment C-l TRACT MAP 16882 P88 STREET LIGHT MAINTENANCE DISTRICT NO.8 (SOUTH ETIWANDA): The rate per assessment unit (A.D.) is $193.75 for the Fiscal Year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No.8 (South Etiwanda): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Single Parcel 675 1.00 675 $193.75 $130,781.25 Family Multi Unit 692 1.00 692 $193.75 $134,075.00 Family TOTAL $264,856.25 The Proposed Annual Assessment against the Property (TR 16882) is: 99 Units xl A.U. Factor x $193.75 Rate Per A.U. = $19,181.25 Annual Assessment C-2 TRACT MAP 16882 P89 THE CITY OF '-R. ^ N C H~~' C ij-1:-=;'-=t;::'6 N G ^ .:-] "d Staff Report DATE: October 18, 2006 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Joe O'Neil, City Engineer BY: Julie Ungashick, Management Analyst II Dawn Haddon, Purchasing Manager SUBJECT: APPROVAL OF YEARLY AGREEMENT WITH GRAINGER INDUSTRIAL SUPPLY TO PROVIDE CITYWIDE MAINTENANCE PARTS AND SUPPLIES PIGGYBACKING OFF OF A COMPETITIVELY BID, WESTERN STATES CONTRACTING ALLIANCE (WSCA) AGREEMENT, NUMBER 6416 IN THE AMOUNT OF $60,500 TO BE FUNDED FROM ACCOUNT NUMBERS 1001312-5204 FACILITIES MAINTENANCE AND OPERATIONS ($40,000), 1700201-5204 SPORTS COMPLEX MAINTENANCE AND OPERATIONS ($4,000),1001316-5200 STREETS AND PARKS MAINTENANCE AND OPERATIONS ($10,000), 1848303-5200 PD 85 PARK MAINTENANCE AND OPERATIONS ($2,000) 1848303-5204 PD 85 FACILITIES MAINTENANCE AND OPERATIONS, LANDSCAPE AND MAINTENANCE DISTRICTS 1131303-5204 ($1,000), 1133303-5200 ($1,500), 1134303-5204 ($1,000), AND 1001104-5204 ANIMAL CARE AND SERVICES FACILITIES MAINTENANCE AND OEPRATlONS ($1,000) AS APPROVED IN THE FY 2006/07 BUDGET RECOMMENDATION It is recommended that the City Council approve a yearly agreement with Grainger Industrial Supply to provide citywide maintenance parts and supplies piggybacking off of a competitively bid, Western States Contracting Alliance (WSCA) agreement, number 6416 in the amount of $60,500 to be funded from account numbers 1001312-5204 Facilities Maintenance and Operations ($40,000), 1700201-5204 Sports Complex Maintenance and Operations ($4,000), 1001316-5200 Streets and Parks Maintenance and Operations ($10,000), 1848303-5200 PD 85 Park Maintenance and Operations ($2,000) 1848303-5204 PD 85 Facilities Maintenance and Operations, Landscape and Maintenance Districts 1131303-5204 ($1,000), 1133303-5200 ($1,500), 1134303-5204 ($1,000), and 1001104-5204 Animal Care and Services Facilities Maintenance and Operations ($1,000) as approved in the FY 2006/07 budget. P90 CITY COUNCIL STAFF REPORT RE: Approval of Yearly Agreement with Grainger Industrial Supply October 18, 2006 Page 2 BACKGROUND/ANALYSIS Staff recommends that miscellaneous maintenance parts and supplies be purchased under the Western States Contracting Alliance (WSCA) Agreement, number 6416 awarded to Grainger Industrial Supply for the remainder of the contract term expiring in November 30, 2007, The items covered by this contract include industrial supplies and equipment, janitorial supplies and equipment, lamps and light fixtures ordered on a repetitive base by all Maintenance sections. Purchasing has evaluated the Master Agreement and has determined that it meets the Cities procurement requirements. Staff also requests that continuation of this agreement renew on a year-to-year basis contingent upon the WSCA renewing said contract for approved dollar amounts as per citywide fiscal year budgets, R;S.P-1CtfU;~ ~u~~. i/.€id, , L//P /iltti1lP1 ,', .-- /l / J}-/ I-"Or& ' /' William J. O'Neil City Engineer JO/dh/jau P91 STAFF REpORT CITY MANAGER'S OFFICE Date: October 18, 2006 . RANCHO CUCAMONGA To: Mayor and Members of City Council Jack Lam, AICP, City Manager From: Pamela S. Easter, Assistant City Manager Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITY DISTRICT No. 2006-01 (VINTNER'S GROVE) RECOMMENDATION: It is recommended that: 1. The City Council open the public hearing and take testimony on forming and establishing Community Faci]ities District (CFD) No. 2006-0] (Vintner's Grove) and authorizing the levy of a special tax in the CFD to finance the acquisition or construction of certain public facilities. During this hearing the City . Council should take testimony on the necessity to incur bonded indebtedness to be secured by the levy of such special taxes and submitting propositions to the qualified electors of the CFD to authorize the levy of such special taxes, to authorize the bonded indebtedness and to establish an appropriations limit for the CFD 2. Immediate]y following the public hearing, the City Council adopt the resolutions (a) approving the forms of Joint Community Facilities Agreements with the Cucamonga Valley Water District ("CVWD") and the Inland Empire Utilities Agency ("IEUA"), (b) forming and establishing the CFD and (c) determining the necessity to incur a bonded indebtedness for the CFD and submitting the propositions described above to the qualified electors of the CFD. 3. Immediately following the adoption of the foregoing resolutions, the City Clerk canvas the votes on the above propositions. 4. After the votes are canvassed, the City Council approve the resolution declaring the results of the election. 5. ]fthe propositions receive the appropriate affirmative vote, the City Council adopt (a) a resolution approving an Acquisition/Financing agreement with Lewis Investment Company, LLC, the master developer of the property within the CFD, and William Lyon Homes, the owner of the property within the CFD, and (b) a motion to introduce and waive the first reading of the ordinance authorizing the levy of a special tax and the resolution approving the acquisition financing agreement between the City and the developer. These foregoing recommended actions are brought to you in accordance with the request of the property owner and pursuant to City Policy. P92 STAFF REpORT OCTOBER 18, 2006 BACKGROUNO: The proposed CFO is being requested by William Lyon Homes, Inc., as the owner of the property within the CFO (the "Owner"), to fund the acquisition or construction public improvements related to their development of the property within Tentative Tract Map No. 17382 (Vintners Grove). The development in question is located on the south side of Arrow Route with Haven Avenue on the east and Center Street on the west. Attached is a boundary map showing the exact boundaries ofthe CFO. These facilities will serve the residents within this southern region of the community by providing street improvements, landscape improvements within the public right-of-way, and water and sewer improvements. To help fund these improvements, the developer has requested that a CFO be formed. This request is in keeping with the City's policy on CFO formations and all costs associated with the formation of the CFO are being borne by the Owner. In order to pay for the acquisition or construction of these facilities, it is proposed that a special tax authorized to be levied within the CFO. The special tax will be levied only on the properties in the CFO. The special tax is based on the square footage of the home for residential properties. The tax rates are listed in Table I below: TABLE 1 MAXIMUM SPECIAL TAX DEVELOPED PROPERTY FISCAL YEAR 2006-2007 Land Use Residential Floor Area Class I Sin More than 2,900 SF $3,687 2 Sin 2,601 - 2,900 SF $3,379 3 Sin 2,301- 2,600 SF $3,244 4 Sin Less than 2,301 SF $3,109 5 Sin More than 1,850 SF $2,774 6 Sin 1,601 - 1,850 SF $2,678 7 Sin 1,351-1,600 SF $2,501 8 Less than 1,351 SF $2,324 9 NA $49,234 These rates for the special taxes are consistent with the City policy to insure that the total taxes on any property do not exceed 1.85%. These special tax rates have been reviewed with the Owner and the Owner is in concurrence with the rate and method of apportionment for the special taxes. Finally, in order to finance the facilities in question, it is necessary for the CFO to incur bonded indebtedness. The debt service for these bonds will be paid from the proceeds of the special tax levied in this CFO. Neither the City nor other property owners or residents will be responsible for this debt. It is proposed that the total amount of bonded indebtedness shall not exceed $5,800,000. P93 STAFF REpORT OCTOBER 18, 2006 Because some of the facilities to be financed by the bonds will be owned by public agencies other than the City, we are asking the City Council to approve Joint Community Facilities Agreements (each a "JCF A") with these agencies. The other agencies that will have facilities funded by this District are the Cucamonga Valley Water District and the Inland Empire Utilities Agency. These agreements provide for the transfer of funds and facility ownership and are required to comply with the state law. Before the bonded indebtedness and levy of the special tax can happen, the property owners of the CFD need to vote on these matters and the establishment of an appropriations limit for the CFD. The attached resolution contains the language of the ballot propositions. It should be noted that the Owner is the only property owner and the only qualified elector. The Owner is the party that originally requested the formation of this CFD. If the City Council decides to approve the resolutions approving the JCF As, forming and establishing the CFD and determining the necessity to incur a bonded indebtedness for the CFD, then the matter will be put before the property owner for a vote. If the vote is successful, the City Council would then need to approve the resolution declaring the results of the election, the ordinance authorizing the levy of a special tax, and the resolution approving the Acquisition/Financing Agreement. After these actions, the staff and the City's financing team will undertake the steps necessary to sell the necessary bonds to see that acquisition and construction of the authorized public facilities can be financed. The City Council will subsequently be asked to determine that the proposed bond issue conforms to the City's policies, approve the issuance of bonds for the CFD and the documents related to the issuance of such bonds including a Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement and Continuing Disclosure Agreement, These actions are consistent with established City policy on CFD formations and comply with the necessary state and federal regulations regarding these matters. Respectfully submitted, ~1e!lc0S~ Pamela S. Easter Assistant City Manager q~~ ~~ Bruce (/~ GIS/Special Districts Manager - Attachments: Boundary Map Resolutions JCFAs Acquisition & Financing Agreement Ordinance '" L" ..~ ....'" ,,~ ,.,. ~'" <. C "0 . =~. '" 0 ~a "" 'li~:t .0 o c ... ~'" ,.. 0'" o . "" ,.,~ ~~O .... "" ,., <. . ." "'" ~~~' <.,.. "-0 '" L . . ...... <>C o "1. ~ = .... 0 <>a " .0 '3 :1i ~-I~ : l . ~ t; ~f>. '- .,~ -, ..... " ::. C'I o I U) o o C'I c(. 0 II.(!JO Z oZZ'-'I-4c( C/)il-l8~1-4 Wc(U c(Z l-4u....CPza:: a::=a:....a::O c(UI-;lWII. o C/)01Q.... zo....a:: ..J =::co zc( ouC/)cc(u IQZwOC/)1I. O:;....L.II.O w l:;oow c/)II. "0 ~O~=i=:~ o>-~c(ztn a:: I- II. ....... = AoI-4 0 u> u I- .... Z = ::IE :IE o U P94 0.. 0 ~>> . .t:: o.a ..... >- 0 c >>. o+" C..-41:O .... ~.~(\I:"E>~ "0..-1 .l:'" ::I 0 co C C OJ.J >. .......c _ ..... c: r..... c::~ .a -;: ;. ! 8 0 :; ~a:: =-..\ ~ ,ooo>om.....m......g ec: (II'" OGil ~::I. ....c:. _ ...0010.(,)10_>> N .a c:: 0 U,l.,.. l.. ... 0 Z - "'" <<I. CIS "0. --..... ~o""...t ~ '5 : ~ 1; i 0 .:: '" &.5 o :lI....t >-C..c;l ,>,Q.u"-....r.....t..c ~o ......co 0 ......L 0.::1::1........ = ... Q..J:.... 0 0..-4 0 "0 0 fD.gOetOCi1....~; Z o z:: lG . II: ~(,).... z:: ...a:.o_ om >- ... OJ.... 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Of,;, 3~J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA VALLEY WATER DISTRICT AND THE INLAND EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the acquisition of certain public facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) (the "District"); and, WHEREAS, included among the public facilities proposed to be acquired are certain public facilities which will be owned, operated and maintained by the Cucamonga Valley Water District ("CVWD") or the Inland Empire Utilities Agency ("IEUA" and together with CVWD, the "Public Agencies"); and, WHEREAS, the Act provides that the District may finance the acquisition of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") only pursuant to a Joint Community Facilities Agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, Government Code Section 53316.2 provides that the City Council and the legislative bodies of the Public Agencies may enter into separate Joint Community Facilities Agreements at any time prior to the adoption by the City Council of the resolution of formation creating the District if each legislative body declares that such Joint Community Facilities Agreement would be beneficial to the residents of each respective agency; and WHEREAS, the legislative body of each of the Public Agencies has approved the applicable form of Joint Community Facilities Agreement and thereby declared that such Joint Community Facilities Agreement would be beneficial to the residents of the applicable Public Agency; and WHEREAS, the form of each Joint Community Facilities Agreement by and between the City and each of the Public Agencies have been presented to this City Council for its consideration. SECTION 1. RECITALS. The above recitals are all true and correct. 1 P96 SECTION 2. DECLARATION. The City Council hereby declares that each of the Joint Community Facilities Agreements would be beneficial to the residents of the City. SECTION 3. APPROVAL OF JOINT COMMUNITY FACILITIES AGREEMENTS. The forms of each Joint Community Facilities Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other official of the City as may be designated by the City Manager (an "Authorized Officer"), acting for and on behalf of the District, is hereby authorized and directed to execute and deliver each Joint Community Facilities Agreement subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the District's bond counsel. PASSED, APPROVED, And ADOPTED this ,2006. AYES: NOES: ABSENT: day of William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 P97 JOINT COMMUNITY FACILITIES AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND CUCAMONGA V ALLEY WATER DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2006-01 . (VINTNER'S GROVE) THIS JOINT COMMUNITY FACILITIES AGREEMENT, dated as of October _, 2006, is entered into by and between CITY OF RANCHO CUCAMONGA, a municipal corporation (the "City") and CUCAMONGA VALLEY WATER DISTRICT, a county water district (the "Water District"). . RECITALS: (a) The City Council of the City, at the request of William Lyon Homes, Inc. as the owner (the "Owner") of certain property in the City and Water District located generally north of 26th Street and ~outh of Arrow Route, between Center Avenue and Haven Avenue in the City and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), has initiated proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code (the "Mello-Roos Act") to include the Property for the purpose of financing the construction of certain public facilities to be owned by various public entities (the "Public Facilities") necessary to serve new development within the Property (the "Project"). Such community facilities district has been designated as City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove) (the "CFD"). The City has also initiated proceedings proposing to authorize the issuance of bonds to be secured by the levy of special taxes within the CFD in an amount expected to be sufficient to finance the acquisition or construction ofthe Public Facilities. (b) The Owner has requested that certain water and sewer facilities to be owned and operated by the Water District and which are necessary to provide water and sewer service to the Project be included among the Public Facilities to be financed by the CFD. The Water District, as the public agency responsible for providing water and sewer service to the Project, and the Owner have agreed that the Owner will construct or cause the construction of such water and sewer facilities (the "Owner Constructed Water District Facilities"), all as described in Exhibit B attached hereto and incorporated herein by this reference. (c) The Water District levies and collects water and sewer capacity fees (collectively, the "Water District Capacity Fees") as a condition precedent to the approval of new development within the Water District, including the Project, to .finance the construction of the water and sewer facilities and the acquisition of capacity in existing facilities (the "Water District Capacity Facilities" and, together with the Owner Constructed Water District Facilities, the "Water District Facilities") described in Exhibit B necessary to provide capacity in the Water District's water and sewer systems to serve such new development. The Owner has requested that the CFD 1 P98 finance the construction and acquisition of the Owner Constructed Water District Facilities and the construction and acquisition of the Water District Capacity Facilities that would otherwise be fmanced with the proceeds of the Water District Capacity Fees. (d) The Water District also collects fees (the "Agency Capacity Fees") for and on behalf of the Inland Empire Utilities Agency, a municipal water district (the "Agency"), which are required by the Agency as a condition precedent to the approval of new development within . the Agency, including the Project, to finance regional wastewater treatment facilities (the "Agency Capacity Facilities") necessary to provide the treatment capacity within the Agency's wastewater treatment facilities to serve such new development. The Owner has requested that the CFD finance the Agency Capacity Facilities that would otherwise be funded with the proceeds of the Agency Capacity Fees. (e) The City desires to assist the Water District and the Agency by financing through the CFD (i) the acquisition or construction of the Owner Constructed Water District Facilities; (ii) the construction and acquisition of the Water District Capacity Facilities in the approximate amount of $447,000 (representing the estimated amount of the Water District Capacity Fees for the Project) based upon the Water District's 2006 fee schedule for 156 single family homes (the "Water District Capacity Facilities Amount"); and (iii) the construction and acquisition of the Agency Capacity Facilities in the approximate amount of $245,000 based on the Agency's 2006 fee schedule for 156 single family homes (the "Agency Capacity Facilities. Amount"). In exchange for the receipt of the Water District Capacity Facilities Amount, the Water District agrees to grant a credit in an amount equal to the funds actually received by the Water District from the bond proceeds of the CFD pursuant to this Agreement in the payment of the Water District Capacity Facilities Amount to be applied against the Water District Capacity Fees charged by the Water District in connection with the development of the Project. In exchange for the receipt of the Agency Capacity Facilities Amount, the Water District will, subject to the approval of the Agency, grant a credit in an amount equal to the funds actually received by the Water District from the bond proceeds of the CFD pursuant to this Agreement in payment of the Agency Capacity Facility Amount to be applied against the Agency Capacity Fees in connection with the development ofthe Project. (f) The Water District has reviewed the Water District Facilities and represents that the construction of such facilities is required by the Water District as a condition of regulatory approval by the Water District of the development of the Project. (g) Pursuant to Sections 53316.2,53316.4 and 53316.6 of the Government Code, (i) a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to Section 53316.2; (ii) a party to such an agreement may use the proceeds of any bonds or other indebtedness issued pursuant to the Mello- Roos Act to provide facilities which that party is otherwise authorized by law to provide, even though another party to the agreement does not have the power to provide those facilities; and (iii) no local agency which is a party to a joint community facilities agreement, other than a city, a county, a city and county, or certain joint powers authorities, shall have primary responsibility for formation of a community facilities district unless it is reasonably 2 P99 expected to have responsibility for providing facilities to be financed by a larger share of the proceeds of bonds of the connnunity facilities district created pursuant to the agreement than any other local agency. (h) The purpose of this Agreement is to set forth the understandings of the parties with respect to the establishment of the CFD, the authorization of bonded indebtedness and the sale of bonds for the CFD, and the allocation of a portion of the proceeds of the sale of such bonds for the acquisition or construction of the Owner Constructed Water District Facilities, the Water District Capacity Facilities and the Agency Capacity Facilities. (i) The City and the Water District have each determined that entering into a joint connnunity facilities agreement to enable the CFD to finance the acquisition or construction of the Owner Constructed Water District Facilities, the Water District Capacity Facilities and the Agency Capacity Facilities will be beneficial to the residents of the City and the Water District respectively, and, therefore, desire to enter into this joint connnunity facilities agreement pursuant to Government Code Section 53316.2. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties agree as follows: 1. Formation Proceedin!!s: Responsibilitv. The City Councildf the City shall have the jurisdiction to and shall be solely responsible for conducting proceedings pursuant to the Mello- Roos Act for the establishment of the CFD. The City Council shall also have the jurisdiction to and shall be solely responsible for conducting proceedings pursuant to the Mello-Roos Act to authorize the CFD to incur a bonded indebtedness for the purpose of financing the acquisition or construction of the Public Facilities, including the Water District Facilities and the Agency Capacity Facilities. The City Council of the City, acting as the legislative body of the CFD, shall have the sole discretion to establish the terms and conditions for and approve the issuance of bonds for the CFD. The Water District is not directly or indirectly approving or responsible in any way whatsoever for the formation of the CFD, the authorization for the levy of special taxes within the CFD or the issuance of bonds for the CFD. The Water District shall not be responsible in any way whatsoever for the costs of formation ofthe CFD. 2. Issuance of Bonds. Upon completion of the proceedings for the establishment of the CFD and the authorization of bonded indebtedness, the CFD shall proceed to issue and sell a series of bonds of the CFD in an aggregate principal amount which shall not exceed $5,800,000 for the purpose of providing funding for financing the design, construction and acquisition of Public Facilities, including the Water District Facilities and the Agency Capacity Facilities. The CFD shall proceed with the issuance and sale of such bonds if and when it is determined, in the sole discretion of the CFD, that all of the conditions which must be satisfied in connection with , 3 P100 the issuance and sale of bonds of a community facilities district such as the CFD, including the requirements of Section 53345.8 of the Government Code and the goals and policies of the City with respect to community facilities districts, have been satisfied. In making such determination, the City shall be guided by the advice of its bond counsel and financial advisor and the underwriter ofthe bonds. 3. The Owner Constructed Water District Facilities. (a) Plans and Specifications. The parties agree that the Owner shall be responsible for preparing or causing the preparation of the plans and specifications for the construction of the Owner Constructed Water District Facilities (the "Owner Constructed Water District Facilities Plans and Specifications"). The Owner Constructed Water District Facilities Plans and Specifications shall conform to the requirements of the Water District for such facilities and shall be subject to the review and approval by the Water District. (b) Construction and Inspection of the Owner Constructed Water District Facilities. The parties agree that the Owner shall be responsible for constructing or causing the construction of the Owner Constructed Water District Facilities, the acquisition of which will be financed by the CFD. Neither the City nor the Water District will be responsible for constructing or causing the construction of the Owner Constructed Water District Facilities. The construction of the Owner Constructed Water District Facilities shall be subject to inspection by the Water District. The Owner Constructed Water District Facilities must be constructed in accordance with the Owner Constructed Water District Facilities Plans and Specifications as approved by the Water District and the policies and requirements of the Water District applicable to such construction. The Water District shall notify the Water District and the City when the Owner Constructed Water District Facilities have been completed in accordance with the Owner Constructed Water District Facilities Plans and Specifications and are ready for acceptance by the Water District. The City, the CFD, and the Water District understand and agree that (i) Owner Constructed Water District Facilities will be constructed prior to the issuance of the bonds by the CFD, a portion of the proceeds of which will be used to reimburse the Owner for the Owner Constructed Water District Facilities; (ii) the Owner may submit payment requests for Owner Constructed Water District Facilities in an amount that exceeds the portion of the bond proceeds allocated for the Owner Constructed Water District Facilities; (iii) all payment requests submitted by the Owner will be inspected and reviewed in the manner set forth in this Agreement; and (iv) the City, the CFD, and the Water District have no obligation to pay the Owner for any costs or expenses related to Owner Constructed Water District Facilities that exceed the portion of bond proceeds allocated thereto. The Owner Constructed Water District Facilities will be purchased by the Water District solely from the portion of the proceeds of the CFD bonds that is allocated thereto (which shall not include any part of such proceeds that is allocated to the payment of the Water District Capacity Fees or the Agency Capacity Fees). The conveyance of Owner Constructed Water District Facilities to the Water District prior to receipt of the purchase price for such facilities shall not be construed as a dedication or gift, or a waiver of the purchase price for such facilities. 4 P101 (c) Ownership of the Owner Constructed Water District Facilities. Upon receipt of written notification from the Water District that the Owner Constructed Water District Facilities have been completed in accordance with the Owner Constructed Water District Facilities Plans and Specifications and are accepted by the Water District, ownership of and title to the Owner Constructed Water District Facilities shall vest in the Water District. The parties agree to execute and deliver to the Water District the documents reasonably necessary to transfer to the Water District such right, title, and interest in and to the Owner Constructed Water District Facilities and any real property associated with the Owner Constructed Water District Facilities as is appropriate. Upon acceptance of the Owner Constructed Water District Facilities by the Water District, the Water District shall incorporate the Owner Constructed Water District Facilities in the Water District's water or sewer system, as applicable, and the Water District shall thereafter be respo~sible for the maintenance of the Owner Constructed Water District Facilities in accordance with all applicable Water District maintenance procedures and practices. 4. The Water District Capacity Facilities. (a) Allocation of Bond Proceeds. Upon the issuance and sale of the CFD bonds, the fiscal agent agreement with respect to such bonds shall provide for the delivery by the fiscal agent for the bonds to the Water District of an aggregate amount not to exceed the Water District Capacity Facilities Amount (the "Water District Capacity Facilities Proceeds"). The exact amount of such funds to be transferred to the Water District shall be the net amount of bond proceeds available after allocating the bond proceeds to funding (a) the reserve fund for the bonds and (b) the costs of issuance of the bonds, the costs of formation of the CFD and the cost of the administration of the CFD and the bonds for the first year following the issuance of such bonds. (b) Use of Bond Proceeds Received bv the Water District. The Water District agrees that the Water District Capacity Facilities Proceeds will be used to pay for the construction and acquisition of Water District Capacity Facilities, and that any facility constructed or acquired, in whole or in part, using such funds, shall have a useful life of not less than five years and shall, . upon completion and acceptance thereof, be owned and operated by the Water District. (c) Credit Against Water District Capacity Fees. Following its receipt of the Water District Capacity Facilities Proceeds pursuant to paragraph 4( a) of this Agreement, the Water District agrees to apply a dollar-for-dollar credit, in the amount thereof, against Water District Capacity Fees otherwise due with respect to the Project. Such credit shall be applied in accordance with the policies and procedures of the Water District. The City and Water District understand that to the extent that the Water District Capacity Facilities Proceeds is less than the Water District Capacity Fees due with respect to the development of the Project that payment of such deficiency shall be required by the Water District as a condition of approval of the development of the Project at the time such Water District Capacity Fees are otherwise due. Any credit for the payment of such Water District 5 P102 Capacity Fees shall be applied to the first units of the Project connecting to the Water District's water system, and any deficiency shall be payable by the Owner from the last units of the Project at the time such Water District Capacity Fees are otherwise due. The City further understands and acknowledges that the Water District may, from time to time, increase the amount of the Water District Capacity Fees. Consequently, nothing in this Agreement shall be interpreted to in any way set or fix the Water District Capacity Fees that will be due in connection with any development, including the Project. Except to the extent a credit is granted pursuant to this paragraph 4(c), it is not the intent of this Agreement to relieve any person or entity of any obligation they would otherwise have with regard to Water District Capacity Fees. Furthermore, the City does not, by this Agreement, assume the obligation to pay any Water District Capacity Fees that it would not otherwise be obligated to pay. 5. The Aeency Capacity Facilities Amount. (a) Allocation of Bond Proceeds. Upon the issuance and sale of the bonds of the CFD, the fiscal agent agreement with respect to such bonds shall provide for the delivery by the fiscal agent for the bonds to the Water District of an amount not to exceed the Agency Capacity Facilities Amount (the "Agency Capacity Facilities Proceeds"). (b) Retention and Transfer of Agencv Capacitv Facilities Proceeds. The Water District agrees to retain the Agency Capacity Facilities Proceeds and to transfer such proceeds to the Agency pursuant to the practices and procedures utilized by the Water District in the retention and transfer of Agency Capacity Fees. Investment of the Agency Capacity Facilities Proceeds and the disposition of earnings thereon shall be subject to the approval of the Water District and the Agency. (c) Credit Against Agencv Capacity Facilities Fees. Following its receipt of the Agency Capacity Facilities Proceeds pursuant to paragraph 5(a) of this Agreement, the Water District agrees to apply a credit, in the amount thereof, against Agency Capacity Fees otherwise due with respect to the Project. Such credit shall be applied in accordance with the policies and procedures of the Water District and the Agency. The City and the Water District understand that to the extent that the Agency Capacity Facilities Proceeds is less than the Agency Capacity Fees due with respect to the development of the Project that payment of such deficiency shall be required by the Agency and the Water District as a condition of approval of the development of the Project at the time such Agency Capacity Fees are otherwise due. Any credit for the payment of such Agency Capacity Fees shall be applied to the first units of the Project connecting to the Water District's wastewater system, and any deficiency shall be payable by the Owner for which such Agency Capacity Fees are due for the last units of the Project. The City further understands and acknowledges that the Agency may, from time to time, increase the amount of the Agency Capacity Fees. Consequently, nothing in this Agreement shall be interpreted to in any way set or fix the Agency Capacity Fees that will be due in connection with any development, including the Project. 6 P103 Except to the extent a credit is granted pursuant to this paragraph 5( c), it is not the intent of this Agreement to relieve any person or entity of any obligation they would otherwise have with regard to Agency Capacity Fees. Furthermore, the City does not, by this Agreement, assume the obligation to pay any Agency Capacity Fees that it would not otherwise be obligated to pay. (d) Obligations Contingent Upon Approval bv Agencv. The proVIsIOns of this paragraph 5 shall become effective only upon the execution of this Agreement by an authorized representative of the Agency, acting for and on behalf of the Agency, acknowledging and consenting to the provisions of paragraph 5 ofthis Agreement. 6. Investment Earnin!!s. The Water District shall assist the City in complying with the arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations which relate thereto, by keeping accurate records of the investment earnings on any and all investments which the Water District may make of the amount of the proceeds of the bonds which are delivered to the Water District pursuant to paragraphs 4(a) and 5(a) of this Agreement, and at the end of each fiscal year shall provide to the City and its consultants such records and documents as they may reasonably request to enable them to determine the nature of any such investments and the interest earnings thereon for purposes of . determining whether any portion thereof must be rebated to the United States of America as rebateable arbitrage earnings. 7. Indemnification. The City, acting for and on behalf of itself and the CFD, shall defend, indenmify and hold harmless the Water District, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out of (a) the formation of the CFD, (b) the authorization of the levy of special taxes and the issuance of bonds by the CFD, (c) the administration of the CFD and the bonds issued by the CFD, (d) the levy and collection of special taxes by the CFD, (e) the issuance of bonds by the CFD and initial and continuing disclosure related to such bonds and (f) the design and construction of the Public Facilities other than the Water District Facilities. The Water District shall defend, indemnify and hold harmless the City and the CFD, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or . arising out of the operation and maintenance of the Water District Facilities from and after the date on which the Water District accepts the Water District Facilities. 8. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. 9. Entire A!!reement: Amendment. This Agreement and the agreements expressly referred to herein contain all of the agreements of the parties hereto with respect to the matters 7 P104 contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 10. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 92029 Attention: City Manager Water District: Cucamonga Valley Water District 10440 Ashford Street Rancho Cucamonga, CA 91729-0638 Attention: General Manager All notices will be deemed to be effective on the date of mailing. In case any party changes its address at which notice is to be received, written notice of such change of address will be given without delay to the other party. II. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 12. Successors aud Assil!:ns. Each and all provisions hereof shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 13. Governinl!: Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, irrespective of such state's choice-of-Iaw principles. 14. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights upon the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms ofthis Agreement thereafter. 15. Sinl!:ular and Plural: Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 8 ~ P105 16. Counteruarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which will constitute one and the same instrument. 17. Construction of Al!reement. This Agreement has been reviewed by legal counsel for both the City and the Water District and shall be deemed for all purposes to have been jointly drafted by the City and the Water District. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the obj ectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. 18. No Oblil!ation to Form cm or Construct Water District Facilities or Al!encv Cauacity Facilities. The Water District acknowledges that the decision of the. City Council of the City to form the CFD or to include any particular improvement or activity among the improvements to be financed by the CFD is a legislative action and the City may not enter into an agreement to obligate the City Council to exercise its legislative discretion in a particular manner or for a particular result. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the CFD orto construct, or cause the construction of, any Water District Facilities or any Agency Capacity Facilities. 19. Termination. This Agreement shall be null and void if the CFD bonds are not sold by the end ofthe third year following the date ofthis Agreement or any mutually agreed extension. 20. Entire Al!reement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all prior amendments, understandings and negotiations regarding the same. This Agreement may not be changed, modified, amended or supplemented except by a written instrument signed by both parties to this Agreement. 21. Further Assurances. Each party to this Agreement agrees to execute, acknowledge and deliver such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the purposes and intent ofthis Agreement. 22. Beneficiaries. The Owner (and its successors and assigns) is a third-party beneficiary of this Agreement. No person or entity, other than the Owner (and its successors and assigns), shall be deemed to be a third-party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the Water District, and the Owner (and its successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Agreement. [Remainder of this page intentionally left blank.] 9 ~ P106 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: City Clerk CUCAMONGA V ALLEY WATER DISTRICT By: President of the Board of Directors ATTEST: Secretary of the Board of Directors ACKNOWLEDGMENT AND CONSENT The Inland Empire Utilities Agency (the "Agency") hereby acknowledges and consents to the provisions of paragraph 5 of this Agreement. The undersigned represents that he/she is a representative of the Agency and as such is legally authorized to execute this acknowledgement and consent for and on behalf of the Agency. INLAND EMPIRE UTILITIES AGENCY By: Title: 10 P107 EXHIBIT "A" DESCRIPTION OF THE PROPERTY That property identified as Assessor's Parcel No. 0209-092-05 on the maps of the Office of the Assessor of the County of San Bernardino. A-I. P108 EXHIDIT "B" DESCRIPTION OF FACILITillS (VITNER'S GROVE) Owner Constructed Water Facilities Sewer Improvements Estimated Cost 8" V.C.P. sewer line 48" manhole Adjust sewer manhole to grade AC paving Total Sewer Improvements $2,250 4,500 800 2,500 $10,050 Water Improvements Estimated Cost 8" hot tap Fire hydraots 8" detector check service 2" landscape meter service Total Waterlmprovements $3,700 6,900 20,000 1,800 $32,400 Water District Capacity Facilities Water Capacity Fee Water Meter & Box Charge Sewer Connection Fee TOTAL $446,784 51,480 193,284 $691,558 P109 RESOLUTION NO. (Xp"',3.).)., RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE DISTRICT TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously declared its intention to form a community facilities district for the purpose of financing the acquisition or construction of certain public facilities and ordered the preparation of a Community Facilities District Report pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This community facilities district shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain public facilities and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and, WHEREAS, the City Council has previously declared its intention to authorize the levy special taxes within the District pursuant to the rate and method of apportionment that was attached to and incorporated into such resolution (the "RMA"); and WHEREAS, the RMA as set forth in Exhibit B attached hereto and incorporated herein by this reference has been presented to this City Council for its consideration; and WHEREAS, all communications relating to the establishment of the District, the financing of certain public facilities and the proposed rate and method of apportionment of special tax has been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within the District; and, WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners thereof, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: 1 P110 SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and as applied to the District and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed subject to the RMA conforms with the City of Rancho Cucamonga Statement (the "Goals and Policies"). D. Less than twelve (12) registered voters have resided within the territory of the District for each of the ninety (gO) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each such 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 District. E. 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 District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. The City Clerk, 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 forming and establishing the District. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by David Taussig & Associates, Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. 2 P111 SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE)." SECTION 5. BOUNDARIES OF DISTRICT. The boundaries of the District are hereby generally described as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 6. DESCRIPTION OF THE PUBLIC FACILITIES AUTHORIZED TO BE FINANCED. A general description of the public facilities which are proposed to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The public facilities as above-described are facilities which the City Council is authorized by law to contribute revenue to or to construct, own, or operate. It is hereby further determined that the proposed facilities are necessary to meet increased demands placed upon the City as a result of development occurring within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities attributable to this District. For a full and complete description of such types of facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above described types of facilities, the financing of those incidental expenses described in the Report are also approved and authorized. SECTION 7. SPECIAL TAX. Except where funds are otherwise available, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries thereof. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit "B" (as previously defined, the "RMAn), which sets forth in sufficient detail the method of apportionment of the special tax to allow each landowner or resident within the District to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described public facilities, to pay debt service on bonds issued by the District to assist in financing such public facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. . The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem 3 P112 taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formula. . Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within the District, a continuing lien to secure each levy of the special tax shall attach to all non- exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with the law or until collection of the tax by the legislative body ceases. SECTION 8. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, 'this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above: A. The special tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of the special tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. The District shall establish a separate account into which the proceeds of the special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 9. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: 4 P113 GIS/Special Districts Supervisor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2575 SECTION 10. SUBSTITUTION FACILITIES. The description of the public facilities, as set forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described facilities and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 11. ELECTION. This City Council herewith submits the levy of the special tax within the District to the qualified electors thereof, such electors being the landowners in the District, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within the District. 5 P114 PASSED, APPROVED, AND ADOPTED this AYES: NOES: ABSENT: day of ,2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 6 P115 EXHIBIT A Description Of Public Facilities The public facilities proposed to be financed by the District are generally described as follows: 1. Facilities authorized to be financed from the proceeds of the following City of Rancho Cucamonga fees: (a) Transportation fee; (b) Beautification fee; . (c) Parks and Recreation Facility fee; (d) Drainage fee. 2. Facilities authorized to be financed from the proceeds of the following Cucamonga Valley Water District fees: (a) Water capacity fee; (b) Water meter & box charge; (c) Sewer capacity fee; and (d) Sewer connection fee. 3. Facilities authorized to be financed from the proceeds of Inland Empire Utility Agency fees. 4. Street improvements. 5. Landscaping improvements located within public rights-of-way. 6. Drainage improvements. 7. Water improvements. 8. Sewer improvements. A-I P116 EXHIBIT B Rate and Method of Apportionment of Special Tax ATTACH A COPY OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A-I P117 RESOLUTION NO. DG. '3.?3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE), SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the City Council (the "City Council") of the City of Rancho Cucamonga (the "City") has received a petition from the owners and developer of certain property in the City (the "Owner") requesting that the City Council conduct proceedings pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello- Roos Community Facilities Act of 1982," for the establishment of a community facilities district and the issuance and sale of bonds for the financing of certain public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within said proposed community facilities district and that the proposed community facilities district be authorized to issue bonds and incur a bonded indebtedness for such purposes in the aggregate principal amount of $5,800,000; and WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council has adopted a resolution declaring its intention to establish proposed Community Facilities District No. 2006-01 (Vintner's Grove) (the "District") for the purpose of financing the design, construction and acquisition of such public facilities for the property to be included therein; and WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur a bonded indebtedness for the District, to declare the purposes for such debt, and to authorize the submittal to the qualified electors of the District, being the landowners of the District, of a proposition to authorize the District to incur such indebtedness all as authorized and required by the Act; WHEREAS, the City Council further desires to authorize the submittal of additional propositions to such qualified electors of the District to (a) authorize the levy of special taxes within the District, and (b) to establish an appropriation limit for the District; 1 P118 WHEREAS, all of the qualified electors of the District have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal analysis and arguments have also been waived by the unanimous consent of the qualified electors of the District; and WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. NECESSITY TO INCUR BONDED INDEBTEDNESS. The City Council hereby expressly declares and states that it is necessary to incur a bonded indebtedness of the District as authorized under the terms and provisions of the Act, in order to finance the public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities") which are necessary to meet increased demands placed upon the City as a result of development which will occur within the District. SECTION 3. BOND INDEBTEDNESS. The specific purposes for the proposed bonded indebtedness are as follows: To finance the costs of the acquisition or construction of the Facilities, appurtenances and appurtenant work and any and all of those applicable incidental costs described in and authorized by Government Code Section 53345.3. SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the property within the entire District will pay for the bonded indebtedness referred to in Section 3 above. A general description of the District is as follows: All property within the boundaries of Community Facilities District No. 2006-01 (Vintner's Grove), as shown on a map of the boundaries of such District as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the Facilities, together with all incidental expenses, shall not exceed $5,800,000. SECTION 6. BOND TERM. This City Council hereby further determines that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such 2 P119 bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax within the District, and are not secured by any other taxing power or funds of the District or the City. SECTION 7. ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, this City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District: A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth in the Section 3. B. The proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes identified in Section 3. C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with this City Council as required by Government Code Section 53411. SECTION 8. ELECTION. The proposition related to the incurring of the bonded indebtedness shall be submitted to the appropriate qualified voters, together with ballot propositions to authorize the levy of special taxes within the District and to establish an appropriations limit for the District, at a special election to be held on September 20, 2006, and such election shall be a special election to be conducted by the City Clerk (the "Election Official"). If the proposition for the levy of the special tax and the proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may be authorized, issued and sold for the applicable purposes set forth herein and the applicable special tax may be levied as provided in "Resolution of the City Council of the City of Rancho Cucamonga Forming and Establishing Community Facilities District No. 2006-01 (Vintner's Grove) and Authorizing the Submittal of Levy of Special Taxes to the Qualified Electors Thereof." If the proposition to establish the appropriations limit for the District receives the approval of a majority of the votes cast on such proposition, such appropriations limit shall be established. SECTION 9. BALLOTS. The ballot proposals to be submitted to the qualified voters of the District at the election shall generally be as follows: 3 P120 PROPOSITION A Shall the City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove), subject to accountability measures set forth in California government Code section 50075.1, levy a special tax throughout such district pursuant to the rate and method of apportionment thereof set forth in Exhibit A to this ballot for the purposes of paying debt service on bonds of such district, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for the public facilities described in Exhibit B to this ballot? PROPOSITION B Shall the City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove), subject to accountability measures set forth in California Government Code section 53410 and following, incur a bonded indebtedness of such district in an amount not to exceed $5,800,000 for the public facilities described in Exhibit B to this ballot? PROPOSITION C Shall the City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove) establish an Article XIIIB appropriations limit equal to $5,800,0007 SECTION 10. VOTE. The appropriate mark placed on the line in front of the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line in front of the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 11. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: 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. 4 P121 C. Furnish and address official ballots for the qualified electors. D. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. 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 result of services performed by 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. PASSED, APPROVED, AND ADOPTED this 2006. day of AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 5 P122 EXHIBIT A DESCRIPTION OF PUBLIC FACILITIES The public facilities proposed to be financed by the District are generally described as follows: 1. Facilities authorized to be financed from the proceeds of the following City of Rancho Cucamonga fees: (a) Transportation fee; (b) Beautification fee; (c) Parks and Recreation Facility fee; (d) Drainage fee. 2. Facilities authorized to be financed from the proceeds of the following Cucamonga Valley Water District fees: (a) Water capacity fee; (b) Water meter & box charge; (c) Sewer capacity fee; and (d) Sewer connection fee. 3. Facilities authorized to be financed from the proceeds of Inland Empire Utility Agency fees. 4. Street improvements. 5. Landscaping improvements located within public rights-of-way. 6. Drainage improvements. 7. Water improvements. 8. Sewer improvements. A - 1 RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) A Special Tax hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove) ("CFD No. 2006-01") and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined through the application ofthis Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or ifthe land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded document creating or describing such land area. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006-01: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2006-01 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-01 or any designee thereof of complying with disclosure requirements applicable to CFD No. 2006-0 I and/or the City associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006-01 or any designee thereof related to an appeal ofthe Special Tax; the costs associated with the release of funds from any escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2006-01 for any other administrative purposes ofCFD No. 2006-0 I, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 1 P124 P125 "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number. "Authorized Facilities" means those improvements eligible to be financed by CFD No. 2006-01 under the Act and authorized to be financed pursuant to the Resolution of Formation. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2006-01" means City of Rancho Cucamonga Community Facilities District No. 2006-0 I (Vintner' s Grove). "CFD No. 2006-01 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by or on behalf ofCFD No. 2006-01 under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD No. 2006-01. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which a building permit for new construction was issued after January I, 2006 and on or before March I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied, provided that a Final Subdivision for such Assessor's Parcel was recorded on or before January I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. "Final Subdivision" means a subdivision of property by recordation ofa (i) final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 64410 et seq.), (ii) lot line adjustment approved by the City, or (iii) condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Agent" means the trustee or fiscal agent under the Fiscal Agent Agreement. . . "Fiscal Agent Agreement" means the fiscal agent agreement, bond indenture, resolution or other instrument pursuant to which CFD No. 2006-01 Bonds are issued, as modified, amended and/or supplemented from time to time. "Fiscal Year" means the period starting July I and ending on the following June 30. City of Rancho Cucamollga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 2 P126 "Land Use Class" means any of the classes listed in Table I below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means an Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more non-residential facilities, and which is not otherwise Residential Property. "Outstanding Bonds" means an CFD No. 2006-01 Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006-01 that was owned by a property owner association, including any master or sub-association, as of January I of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for an Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax. levy per Acre to the Maximum Special Tax per Acre is equal for an Assessor's Parcels of Undeveloped Property. The term "Proportionately" shan be similarly applied to other categories of Taxable Property as listed in Section E below. "Public Property" means property within the boundaries ofCFD No. 2006-01 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of- way has been granted to, the federal government, the State of California, the County of San Bernardino, the City of Rancho Cucamonga, or any local government or other public agency, provided that any property owned by a public agency and leased by such public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. Such determination shall be final following the issuance of a certificate of occupancy for the residential dwelling unit located on such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more residential dwelling units. "Resolution of Formation" means the resolution of formation adopted pursuant to Government Code Section 53325.1 for CFD No. 2006-01. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 3 P127 "Single Family Attached Property" means all Assessor's Parcels of Residential Property for which building permits have been issued by the City for the purpose of constructing attached residential units. "Single Family Detached Property" means all Assessor's Parcels of Residential Property for which building permits have been issued by the City for the purpose of constructing detached residential units. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property within CFD No. 2006-01 to fund the Special Tax Requirement. "Special Tax Buydown" means a mandatory bond principal buydown payment made by a property owner to reduce the amount of Outstanding Bonds to compensate for a loss of Special Tax revenues resulting from the construction of fewer residential dwelling units, smaller residential dwelling units, or a modified amount of non-residential Acreage, as determined in accordance with Section D below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2006-01 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the CFD No. 2006-0 I Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006-01 Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax levy on Undeveloped Property; (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. "State" means the State ofCalifomia. "Taxable Property" means all ofthe Assessor's Parcels within the boundaries ofCFD No. 2006-01 which are not exempt from the Special Tax pursuant to law or Section F below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 4 P128 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006-0 I shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and E below. Residential Property shall be assigned to Land Use Classes I through 8, as listed in Table I below, and Non-Residential Property shall be assigned to Land Use Class 9. The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area ofthe dwelling unites) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. C. MAXIMUM SPECIAL TAX 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table I. TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-01 Land Use Residential Floor Maximum Class Description Area Special Tax 1 Single Family Detached Property More than 2,900 SF $3,687 per unit 2 Single Family Detached Property 2,601 - 2,900 SF $3,379 per unit 3 Single Family Detached Property 2,301 - 2,600 SF $3,244 per unit 4 Single Family Detached Property Less than 2,301 SF $3,109 per unit 5 Single Family Attached Property More than 1,850 SF $2,774 per unit 6 Single Family Attached Property 1,601 - 1,850 SF $2,678 per unit 7 Single Family Attached Property 1,351 - 1,600 SF $2,501 per unit 8 Single Family Attached Property Less than 1,351 SF $2,324 per unit 9 Non-Residential Property NA $49,234 per Acre City of Rancho Cucamonga (Vintner's Grove) CFD No. 1006-01 . August 3, 1006 Page 5 P129 (b) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on such an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a) Maximum Special Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, andTaxable Property Owner Association Property shall be $54,668 per Acre. D. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the issuance of the first series ofCFD No. 2006-01 Bonds. Prior to the issuance of the first series ofCFD No. 2006-01 Bonds, the terms of the Special Tax Buydown shall not apply. The following additional definitions apply to this Section D: "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section D. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal ofa request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section D. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section D, Update Property shall be taxed as if it were already Developed Property during the current Fiscal City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 6 P130 Year. 1. Request for Letter of Compliance After the issuance of the first series ofCFD No. 2006-01 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Parcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. Ifa Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each' residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each prospective building permit. 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes I through 9 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-01 shall not be less than 156 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject property, and such subject property shall no longer be subject to the terms ofthe Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non- residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-01 to below 156 residential dwelling units or an increase in the amount of non-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance ofthe first series ofCFD No. 2006-01 Bonds. City of Rancho Cucamonga (Vintller's Grove) CFD No. 2006-01 August 3, 2006 Page 7 P131 TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-01 Land Use Number of Class Description Residential Floor Area Units/Acres I Single Family Detached Property More than 2,900 SF 22 units 2 Single Family Detached Property 2,601 - 2,900 SF 28 units 3 Single Family Detached Property 2,30 I - 2,600 SF o units 4 Single Family Detached Property Less than 2,30 I SF 28 units 5 Single Family Attached Property More than 1,850 SF 26 units 6 Single Family Attached Property 1,601- 1,850 SF 26 units 7 Single Family Attached Property 1,351 - 1,600 SF o units 8 Single Family Attached Property Less than 1,351 SF 26 units 9 Non-Residential Property NA 0.00 Acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-0 I in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-0 I, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that results from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for Letter of Compliance to assure the CFD' s ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step I. Compute the sum of the Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006-0 I, plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 8 P132 Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other payments included in the Special Tax Requirement. Step 3. If the total sum computed pursuant to step I is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits currently being requested. Ifthe total sum computed pursuant to step I is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step I from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section I, with the following exceptions: (i) skip Paragraphs I, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 ofthe prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days ofthe billing date. Ifthe Special Tax Buydown is not paid within 45 . days ofthe billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt ofthe Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property, and such subject property shall no longer be subject to the terms ofthe Special Tax Buydown. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 9 E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% ofthe Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property; Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-01 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-01 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-01. F. EXEMPTIONS No Special Tax shall be levied on up to 11.0 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property, its tax -exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable City of Rancho Cucamonga (Vintner's Grove) CFD No. 1006-01 August 3, 1006 Page 10 P133 P134 Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. G. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-01. The CFD Administrator shall review the appeal and ifthe CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration ofthe Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006~01 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. I. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section I: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-01 may only be prepaid after all authorized CFD No. 2006-01 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-0 I Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only ifthere are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 11 P135 The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Special Tax Prepayment Amount As ofthe proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: Paragraph No.: I. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2006-01 (as reasonably determined by the CFD Administrator), excluding any Assessor's Parcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100% ),.if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date not covered by the current Fiscal Year Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 12 P136 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'l 10. The administrative fees and expenses ofCFD No. 2006-01 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-01 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). II. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Fiscal Agent Agreement) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Fiscal Agent Agreement). 12. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to paragraphs 11 and 12 (the "Special Tax Prepayment Amount"). From the Special Tax Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10, 11 and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment ofCFD No. 2006-0 I Bonds. In such cases, the increment above $5,000 or integral multiple City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 13 P137 thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to be used with the next prepayment ofCFD No. 2006-01 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2006-01 (after excluding 11.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-0 I Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:\CLIENTS2\RanchoCucamonga\Vintner's Grove\RMA\Vintner RMA for ROI.doc City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 14 P138 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2006-2007 Land Use Residential Floor Maximum Class Description Area Special Tax I Single Family Detached Property More than 2,900 SF $3,687 per unit 2 Single Family Detached Property 2,601 - 2,900 SF $3,379 per unit 3 Single Family Detached Property 2,30 I - 2,600 SF $3,244 per unit 4 Single Family Detached Property Less than 2,30 I SF $3,109 per unit 5 Single Family Attached Property More than 1,850 SF $2,774 per unit 6 Single Family Attached Property 1,601 - 1,850 SF $2,678 per unit 7 Single Family Attached Property 1,351 - 1,600 SF $2,50 I per unit 8 Single Family Attached Property Less than 1,351 SF $2,324 per unit 9 Non-Residential Property NA $49,234 per Acre P139 RESOLUTION NO. /){,g - 3~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to create and did establish a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2,5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act''), This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the District separate propositions relating to the levy of special taxes within the District, the issuance of bonds to be secured by the levy of special taxes within the District and the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's of the votes cast by the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION OF ELECTION RESULTS. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. MINUTES OF RESULTS. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. 1 P140 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA ) ) ss. ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) SPECIAL ELECTION in said City, held ,2006. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES NO 2. VOTES CAST ON PROPOSITION B: YES NO 3. VOTES CAST ON PROPOSITION C: YES NO WITNESS my hand this day of ,2006. CITY CLERK ELECTION OFFICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA 2 P141 ORDINANCE NO. 7 ~q ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) (the "District"). . The City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2006-01 (Vinter's Grove), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Rate and Method"). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property 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; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in 1 P142 accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on , 2006; Enacted at a regular meeting of the City Council of the City of Rancho Cucamonga, California, held on the day of , 2006, by the following vote: AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 P143 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01, (VINTNER'S GROVE) P144 RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) A Special Tax hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove) ("CFD No. 2006-01") and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or ifthe land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded document creating or describing such land area. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006-01: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2006-01 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-01 or any designee thereof of complying with disclosure requirements applicable to CFD No. 2006-01 and/or the City associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006-01 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2006-01 for any other administrative purposes ofCFD No. 2006-01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 1 P145 "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number. "Authorized Facilities" means those improvements eligible to be financed by CFD No. 2006-01 under the Act and authorized to be financed pursuant to the Resolution of Formation. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2006-01" means City of Rancho Cucamonga Community Facilities District No. 2006-01 (Vintner's Grove). "CFD No. 2006-01 Bonds" means any bonds or other debt (as defined in Section 53317(d) ofthe Act), whether in one or more series, issued by or on behalf ofCFD No. 2006-0 I under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body ofCFD No. 2006-01. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which a building permit for new .construction was issued after January I, 2006 and on or before March 1 ofthe Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied, provided that a Final Subdivision for such Assessor's Parcel was recorded on or before January I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. "Final Subdivision" means a subdivision of property by recordation of a (i) final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 64410 et seq.), (ii) lot line adjustment approved by the City, or (iii) condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Agent" means the trustee or fiscal agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the fiscal agent agreement, bond indenture, resolution or other instrument pursuant to which CFD No. 2006-01 Bonds are issued, as modified, amended and/or supplemented from time to time. "Fiscal Year" means the period starting July 1 and ending on the following June 30. City of Rancho Cucamonga (Vintner's Grove) CFD No. 1006-01 August 3, 2006 Page 2 P146 "Land Use Class" means any of the classes listed in Table I below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more non-residential facilities, and which is not otherwise Residential Property. "Outstanding Bonds" means all CFD No. 2006-01 Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006-01 that was owned by a property owner association, including any master or sub-association, as of January I of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio ofthe actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" shall be similarly applied to other categories of Taxable Property as listed in Section E below. "Public Property" means property within the boundaries ofCFD No. 2006-01 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of- way has been granted to, the federal government, the State of California, the County of San Bernardino, the City of Rancho Cucamonga, or any local government or other public agency, provided that any property owned by a public agency and leased by such public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. Such determination shall be final following the issuance of a certificate of occupancy for the residential dwelling unit located on such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more residential dwelling units. "Resolution of Formation" means the resolution of formation adopted pursuant to Government Code Section 53325.1 for CFD No. 2006-0 I. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 3 P147 "Single Family Attached Property" means all Assessor's Parcels of Residential Property for which building permits have been issued by the City for the purpose of constructing attached residential units. "Single Family Detached Property" means all Assessor's Parcels of Residential Property for which building permits have been issued by the City for the purpose of constructing detached residential units. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property within CFD No. 2006-0 I to fund the Special Tax Requirement. "Special Tax Buydown" means a mandatory bond principal buydown payment made by a property owner to reduce the amount of Outstanding Bonds to compensate for a loss of Special Tax revenues resulting from the construction of fewer residential dwelling units, smaller residential dwelling units, or a modified amount of non-residential Acreage, as determined in accordance with Section D below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2006-01 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the CFD No. 2006-01 Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006-0 I Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax levy on Undeveloped Property; (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. "State" means the State ofCalifomia. "Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No. 2006-0 I which are not exempt from the Special Tax pursuant to law or Section F below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 4 P148 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006-01 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and E below. Residential Property shall be assigned to Land Use Classes I through 8, as listed in Table I below, and Non-Residential Property shall be assigned to Land Use Class 9. The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the dwelling unites) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. C. MAXIMUM SPECIAL TAX 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-01 Land Use Residential Floor Maximum Class Description Area Special Tax I Single Family Detached Property More than 2,900 SF $3,687 per unit 2 Single Family Detached Property 2,60 I - 2,900 SF $3,379 per unit 3 Single Family Detached Property 2,301 - 2,600 SF $3,244 per unit 4 Single Family Detached Property Less than 2,30 I SF $3,109 per unit 5 Single Family Attached Property More than 1,850 SF $2,774 per unit 6 Single Family Attached Property 1,601 - 1,850 SF $2,678 per unit 7 Single Family Attached Property 1,351 - 1,600 SF $2,50 I per unit 8 Single Family Attached Property Less than 1,351 SF $2,324 per unit 9 Non-Residential Property NA $49,234 per Acre City of Rancho Cucamollga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 5 (b) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on such an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a) Maximum Special Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $54,668 per Acre. D. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the issuance ofthe first series ofCFD No. 2006-0 I Bonds. Prior to the issuance ofthe first series ofCFD No. 2006-01 Bonds, the terms ofthe Special Tax Buydown shall not apply. The following additional definitions apply to this Section D: "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section D. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a request for Letter of Compliance by a property owner. "Special Tax Buydown Requiremeut" means the total amount of Special Tax Buydown uecessary to be prepaid iu order to permit the issuance of building permits listed iu a request for Letter of Compliance, as calculated under this Section D. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section D, Update Property shall be taxed as if it were already Developed Property during the current Fiscal City of Roncho Cucomonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 6 P149 P150 Year. 1. Request for Letter of Compliance After the issuance of the first series ofCFD No. 2006-01 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Parcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each prospective building permit. 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes I through 9 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number ofresidential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-0 I shall not be less than 156 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non- residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may causea decrease in the number ofresidential dwelling units within CFD No. 2006-01 to below 156 residential dwelling units or an increase in the amount of non-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance of the first series ofCFD No. 2006-0 I Bonds. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 7 P151 TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-01 Land Use Number of Class Description Residential Floor Area Units/Acres I Single Family Detached Property More than 2,900 SF 22 units 2 Single Family Detached Property 2,60 I - 2,900 SF 28 units 3 Single Family Detached Property 2,30 I - 2,600 SF o units 4 Single Family Detached Property Less than 2,301 SF 28 units 5 Single Family Attached Property More than 1,850 SF 26 units 6 Single Family Attached Property 1,601 - 1,850 SF 26 units 7 Single Family Attached Property 1,351 - 1,600 SF o units 8 Single Family Attached Property Less than 1,351 SF 26 units 9 Non-Residential Property NA 0.00 Acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-01 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-01, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that results from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006-01, plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). City of Rancho Cucamonga (Vintner's Grove) CFD No. 1006-01 August 3, 1006 Page 8 P152 Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstlmding Bonds, plus any other payments included in the Special Tax Requirement. . Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all ofthe building permits currently being requested. If the . total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step I from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section I, with the following exceptions: (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments ofthe Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days ofthe billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 9 P153 E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property; Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-01 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-01 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-01. F. EXEMPTIONS No Special Tax shall be levied on up to 11.0 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property, its tax-exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 10 P154 Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. G. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-01. The CFD Administrator shall review the appeal and ifthe CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration ofthe Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-01 may directly bill the . . Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. I. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section I: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-01 may only be prepaid after all authorized CFD No. 2006-01 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-01 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only ifthere are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 11 P155 The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Special Tax Prepayment Amount As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2006-0 1 (as reasonably determined by the CFD Administrator), excluding any Assessor's Parcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date not covered by the current Fiscal Year Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. City 0/ Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 12 P156 8. Compute the minimum amount the CFO Administrator reasonably expects to derive from the reinvestment ofthe Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'~. 10. The administrative fees and expenses ofCFO No. 2006-0 I are as calculated by the CFO Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFO No. 2006-0 I Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). II. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Fiscal Agent Agreement) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Fiscal Agent Agreement). 12. If any capitalized interest for the Previously Issued Bonds will not have been expended as ofthe date immediately following the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to paragraphs II and 12 (the "Special Tax Prepayment Amount"). From the Special Tax Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10, II and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment ofCFO No. 2006-01 Bonds. In such cases, the increment above $5,000 or integral multiple City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 13 P157 thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-01 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2006-01 (after excluding 11.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year ifthe CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-01 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:\CLlENTS2\RanchoCucamonga\Vintner's Grove\RMAWintner RMA for ROI.doc City of Ralleho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 14 P158 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2006-2007 Land Use Residential Floor Maximnm Class Description Area Special Tax I Single Family Detached Property More than 2,900 SF $3,687 per unit 2 Single Family Detached Property 2,60 I - 2,900 SF $3,379 per unit 3 Single Family Detached Property 2,30 I - 2,600 SF $3,244 per unit 4 Single Family Detached Property Less than 2,30 I SF $3, I 09 per unit 5 Single Family Attached Property More than 1,850 SF $2,774 per unit . 6 Single Family Attached Property 1,601 - 1,850 SF $2,678 per unit 7 Single Family Attached Property 1,351 - 1,600 SF $2,501 per unit 8 Single Family Attached Property Less than 1,351 SF $2,324 per unit 9 Non-Residential Property NA $49,234 per Acre P159 RESOLUTION NO. ()~ - 3:;;5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT IN COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings relating to formation of a community facilities district and the authorization to levy special taxes and to issue of bonds of such community facilities district to finance the acquisition or construction of certain public improvements, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). Such community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) (the "District"); and, WHEREAS, Lewis Investment Company, LLC (the "Developer") is the master developer of the property within the District and sold the property within the District to William Lyon Homes (the "Owner") pursuant to a purchase and sale agreement (the "Purchase Agreement"); and WHEREAS, under the terms and conditions of the Purchase Agreement the Owner is to construct certain public improvements and the Developer is obligated to reimburse the Owner for such costs; and WHEREAS, the District is proposed to be formed for, among other purposes, the purpose of financing the acquisition of certain public improvements from the Developer; and, WHEREAS, the City, the Owner, and the Developer have negotiated the terms and conditions pursuant to which such public improvements are to be constructed or acquired and bonds are to be issued to finance the acquisition or construction of such public improvements and such terms and conditions have been memorialized in an Acquisition/Financing Agreement by and among the City, the Owner, and the Developer (the "Acquisition/Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. RECITALS. The above recitals are all true and correct. 1 P160 SECTION 2. APPROVAL OF FORM OF ACQUISTION/FINANCING AGREEMENT. The form of Acquisition/Financing Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other official of the City as may be designated by the City Manager (an "Authorized Officer"), acting for and on behalf of the District, is hereby authorized and directed to execute and deliver the Acquisition/Financing Agreement subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the District's bond counsel. PASSED, APPROVED, AND ADOPTED this AYES: day of ,2006. NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 P161 ACQUISITION/FINANCING AGREEMENT ~ THIS AGREEMENT is made and entered into this _ day of 2006, by and between the CITY OF RANCHO CUCAMONGA, a charter city duly organized and validly existing under the Constitution and laws of the State of California, (the "City") acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE), Lewis Investment Company, LLC, a California Limited Liability Company (the "Developer"), and William Lyon Homes, Inc., a California corporation (the "Owner"). A. Pursuant to the petition of the Owner, the City has formed a community facilities district under the terms and conditions ofthe "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following) (the "Act"), for the purpose of financing the acquisition or construction of certain public improvements, together with appurtenances and appurtenant work within the jurisdictional limits of such the City, such community facilities district known and designated as COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) (the "Community Facilities District"). B. The Developer is the master developer of the project located in the City known as "Vintner's Grove" (the "Development"). The Developer sold the Development to the Owner pursuant to a purchase and sale agreement (the "Purchase Agreement"). Under the terms of the Purchase Agreement, the Owner is to construct certain improvements which are to be financed by the proceeds of bonds issued by the Community Facilities District, arid the Developer is obligated to reimburse the Owner for such costs. Consequently, so long as the Developer has reimbursed the Owner for such costs, any and all bond proceeds for such facilities will be payable to the Developer in accordance with this Agreement. C. The Owner, in order to proceed in a timely way with development of (the "Development") and in accordance with the conditions of approval of the entitlements authorizing such development, is responsible for mitigating the impact that the Development will have on the community and certain public improvements by (a) financing its proportionate share of the cost of construction of certain public improvements (collectively, the "Fee Related Improvements") to be owned by the City, the Cucamonga Valley Water District ("Water District") or the Inland Empire Utility Agency ("Utility Agency") by the payment of certain development impact fees to the applicable public agency and (b) constructing certain other public improvements that are to be owned, operated and maintained by the City (the "Owner Constructed City Improvements") or Water District (the "Owner Constructed Water District Improvements" and together with the Owner Constructed City Improvements, the "Owner Constructed Improvements"), which, together with the Fee Related Improvements, are set forth and described in Exhibit "A" (each, an "Improvement") attached hereto and incorporated herein by this reference. The Owner has requested that the cost of the Owner Constructed Improvements and payment of its proportionate share of the cost of construction ofthe Fee Related Improvements for the City, the Water District and the Utility Agency (collectively, the "Fee Obligation") be financed, in whole or in part, through the Community Facilities District. D. An estimate of the cost of the Improvements is also set forth in Exhibit "A" hereto. 1 P162 E. It is the intent of this Agreement that the Owner shall, upon the formation of the Community Facilities District, the sale of bonds by or for the Community Facilities District and the completion ofthe construction ofthe Owner Constructed Improvements pursuant to this Agreement, be entitled pursuant to the provisions of this Agreement to direct to the Developer payment for such Owner Constructed Improvements at the prices as determined by the City pursuant to this Agreement. F. The Owner and the Developer acknowledge that the Cornmunity Facilities District may only finance the Improvements to be owned by the Water District and the Utility Agency only if the City and each respective agency enter into joint community facilities agreements as required pursuant to the Act (each, a "JCFA"). G. The City is willing to finance the acquisition ofthe Owner Constructed Improvements from the Owner and the payment of the Fee Obligation subject to the requirements of the Act, the City of Rancho Cucamonga Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts adopted by the City Council (the "Goals and Policies") and this Agreement and, where applicable, the JCF A's, and the Owner and the Developer desire that the City acquire such Improvements. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Plans and Specifications for the Owner Constructed City Improvements. All plans, specifications and bid documents for the Owner Constructed City Improvements (the "Plans and Specifications") shall be prepared by the Owner at the Owner's initial expense, subject to City approval. The costs of acquisition of such Improvements shall include costs ofthe preparation ofthe Plans and Specifications and all related documentation as set forth in Section 8 below. Except as provided below, the Owner shall not award bids for construction, commence construction or cause commencement of construction of an Owner Constructed City Improvement until the Plans and Specifications for such Improvement have been approved by the City. SECTION 3. Construction of Owner Constructed City Improvements. The Owner covenants and agrees that each Owner Constructed City Improvement to be acquired from the Owner pursuant to this Agreement shall be constructed: A. in substantial compliance with the approved Plans and Specifications for such Improvement; B. in a good and workmanlike manner by well-trained adequately supervised workers; C. in strict compliance with all governmental and quasi-governmental rules, regulations, laws, building codes and all requirements ofthe Owner's insurers and lenders; D. free of any material design flaws and defects; and 2 P163 E. in compliance with the requirements ofthis Section 3. The Owner shall solicit or has solicited at least three (3) bids for the construction of such Improvements and shall award or has awarded the bid for the construction of such Improvements to the lowest responsible bidder. Nothing in the preceding sentence shall prohibit the Owner from including more than one such Improvement in a single solicitation for bids. In the case where the Owner does include more than one such Improvement in a single solicitation for bids, the Owner shall award the bid for the construction of such Improvements to the bidder submitting the lowest aggregate bid for the construction of all such Improvements. . The description of the Owner Constructed City Improvements in Exhibit A is preliminary and general in nature. The final nature and location of such Improvements will be determined upon the preparation of final Plans and Specifications. The description of such Improvements and their budgeted cost may be modified or Owner Constructed City Improvements substituted as long as the modified or substituted Owner Constructed City Improvements provide a service substantially similar to the Owner Constructed City Improvements currently described in Exhibit A. Any such modification or substitution shall be set forth in a supplement to Exhibit A approved by the City Manager of the City, or his or her designee (the "City Manager") . SECTION 4. Inspection and Acceptance of the Owner Constructed City Improvements. The construction activities relating to the Owner Constructed City Improvements shall be subject at all reasonable times to inspection by authorized representatives of the City. Once the construction of an entire Owner Constructed City Improvement to be acquired by the City is substantially completed in accordance with the approved Plans and Specifications (including any change orders reasonably approved by the City), then such Improvement shall be eligible for acceptance by the City for purposes of paying the Base Increment of the Purchase Price (each term as defined in Section 8 below) for such Improvement. Prior to acceptance of any Owner Constructed City Improvement by the City for purposes of paying the Retained Increment (as defined in Section 8 below) of the Purchase Price, the Owner shall provide to the City Engineer of the City, or his or her designee (the "City Engineer"), the documentation set forth in Section 8( c )(2) below and obtain approval of as-built drawings in accordance with the process described below in this Section 4. The Owner's engineer of record for the Owner Constructed City Improvement ("Engineer of Record") shall file a request with the City Engineer for a punchlist of any items which must be completed prior to payment of the Retained Increment. Within 20 working days of such filing, the field inspector ofthe City ("Field Inspector") shall issue and transmit to the Engineer of Record a letter requesting as-built drawings for such Improvement and a punchlist of any items which must be completed prior to payment of the Retained Increment. Within 20 working days of receipt ofthe Field Inspector's letter, the Engineer of Record shall prepare redline as-built drawings and submit them to the Field Inspector. Within 10 working days ofthe Engineer of Record's submittal, the Field Inspector shall review the redline as- built drawings and provide comments. The Engineer of Record shall revise the redline as-built drawings per the Field Inspector's comments and resubmit within 10 working days. The Field Inspector shall make his final review within 5 working days ofthe Engineer of Record ' s resubmittal and notify the Engineer of Record to prepare mylar as-built drawings and a microfiche copy and submit both to the City Engineer or his designee. The City and the Owner shall make best efforts to 3 P164 perform within the time periods described above. The inability of the City or the Owner to perform within each time period, notwithstanding its best efforts, shall not constitute a breach of this Agreement. SECTION 5. Warranty of Owner Constrncted City Improvements. Prior to payment of the Retained Increment of the Purchase Price for a Owner Constructed City Improvement, the Owner shall be responsible for maintaining such Improvement at the Owner's expense (which cost is reimbursable to the Owner from the Developer). The Owner shall be obligated for a period of twelve (12) months after the date the City pays the Retained Increment to repair or replace any defects or failures resulting from the work ofthe Owner, its contractors or agents. Upon the expiration of such twelve (12) month period, the Owner shall assign to the City and the Community Facilities District its rights in and to any warranties, guarantees, or other evidence of contingent obligations of third persons with respect to such Improvement. As a condition precedent to the payment of the Retained Increment (as defined in Section 8 below) of the Purchase Price, the Owner shall post a maintenance bond in a form reasonably approved by the City, cause a maintenance bond to be posted, or assign the Owner's rights under such a bond naming the City and/or the Community Facilities District as beneficiary in an amount equal to fifteen percent (15%) ofthe Purchase Price of the Owner Constructed City Improvement in order to secure the Owner's obligations pursuant to this Section. Such maintenance bond will be . .. released upon the date which is 12 months past the date on which the City pays the Owner the Retained Increment for such Improvement. Upon posting of such maintenance bond, the City shall release any performance, labor and material bonds for such Improvement. The costs of any such bonds shall be paid by the Owner but reimbursed to the Owner by the Developer. SECTION 6. Notice of Completion and Lien Releases. The Owner shall notify the City Engineer in writing upon completion of each of the Owner Constructed City Improvements to be acquired hereunder and shall prepare and execute a Notice of Completion for such Improvement in the form prescribed by Section 3093 of the California Civil Code and shall record such notice in the Official Records of the County of San Bernardino. The Owner shall cause its contractors to provide unconditional lien releases for such Improvement or all Owner Constructed City Improvements thereofin accordance with Section 3262 ofthe Civil Code. Notwithstanding the foregoing, the City may waive the requirement for a Notice of Completion and lien releases if the City determines that as ofthe date of payment ofthe Retained Increment ofthe Purchase Price for a Owner Constructed City Improvement, title to such Improvement or portion thereof satisfies the requirements for Acceptable Title (as hereinafter defined). SECTION 7. Construction of the Owner Constructed Water District Improvements. The design, construction, bonding, inspection, acceptance and warranty of the Owner Constructed Water District Improvements shall be subject to the rules, regulations, policies and practices of the Water District (the "Water District Requirements"). In the event of a conflict between the terms and conditions of this Agreement and the Water District Requirements regarding the design, construction, bonding, inspection, acceptance and/or warranty of the Owner Constructed Water District Improvements, the provisions of the Water District Requirements shall prevail. SECTION 8. Payment of Purchase Price. 4 P165 A. Amount of Purchase Price. The amount to be paid by the City for the Owner Constructed Improvements to be acquired from the Owner (the "Purchase Price") shall, as to each such Improvement, (i) be determined by the City in accordanc~ with the provisions of this Section 8, (ii) equal the lesser of the cost or the value thereof; (iii) include the reasonable cost or value of eligible appurtenant public facilities; (iv) include the costs of the title insurance policy described in Section 10 (a) as to any Owner Constructed City Improvement; and (v) include all other costs of construction and incidental costs eligible under the Act and the Goals and Policies as a part of the cost of the Owner Constructed Improvements, including the following: 1. the actual hard costs for the construction of such Owner Constructed Improvement as established by the approved construction contracts and change orders, including costs of payment, performance and maintenance bonds and insurance costs; 2. the design and engineering costs of such Owner Constructed Improvement including, without limitation, the costs incurred in preparing plans; 3. the costs of environmental evaluations and public agency permits and approvals attributable to the Owner Constructed Improvement; 4. professional costs associated with the Owner Constructed Improvement, such as engineering, inspection; construction staking, materials testing and similar professional services; and; 5. costs of acquiring from an unrelated third party any real property or interests therein required for the Owner Constructed Improvement including, without limitation, temporary construction easements, haul road and maintenance easements. In no event shall the cost or value of the construction of the Owner Constructed Improvements be deemed to exceed the sum of the construction contract prices set forth in the contracts and change orders approved by the City or Water District, as applicable, and the incidental expenses identified in paragraphs 1 through 5 above. B. Incremental Payment of Purchase Price. The Purchase Price for an Owner Constructed Improvement shall be payable in not to exceed two increments: the "Base Increment" which shall be an amount not to exceed 85% of the Purchase Price for such Improvement and the "Retained Increment" which shall be an amount not to exceed the remaining, unpaid portion ofthe Purchase Price for such Improvement determined pursuant to the provisions of subsection A. above. C. Requisition for Incremental Payment of Purchase Price. 1. Base Increment. The Owner may submit a written request to the City Manager for the payment ofthe Base Increment for an Owner Constructed Improvement upon the substantial completion of the construction of such Improvement in accordance with the approved Plans and Specifications. The criteria for determining "substantial completion" of each Owner Constructed City Improvement shall mean generally that construction, or work with respect to the Owner Constructed City Improvement has progressed to the point where it is sufficiently complete so that 5 P166 the Owner Constructed City Improvement can be utilized for the purpose for which it was intended. "Substantial Completion" ofan Owner Constructed Water District Improvement shall be deemed to have occurred when the City Manager shall have received notification from the Water District that such Improvement has been completed in accordance with the Water District Requirements and is ready for acceptance by the Water District. Each Base Increment payment request must be in the form attached hereto as Exhibit B and conform to the requirements of subsection D. below. 2. Retained Increment. The Owner may submit a written request to the City Manager for the payment ofthe Retained Increment for an Owner Constructed Improvement upon the completion of such Improvement in accordance with the approved Plans and Specifications as to any Owner Constructed City Improvement and in accordance with the Water District Requirements as to any Owner Constructed Water District Improvement. Such Retained Increment payment request must be in the form attached hereto as Exhibit C and conform to the requirements of subsection D. below and, unless previously provided to the City, must be accompanied by (I) evidence that the Owner has posted a maintenance bond for any such Owner Constructed City Improvement as required by Section 5 hereinabove, and (2) evidence ofthe satisfaction of the requirements of Section 9, hereinbelow directly related to such Owner Constructed City Improvement. D. Documentation. Any payment request submitted by the Owner shall be properly executed and shall include all supporting documents referred to in the payment request. E. Review ofPavrnent Request. The City Manager shall review each payment request. If the City Manager finds that any such payment request is incomplete, improper or otherwise not suitable for approval, the City Manager shall inform the Owner in writing within twenty (20) working days after receipt thereof, the reasons for his finding. The Owner shall have the right to respond to this finding by submitting further documentation and/or to resubmit the payment request within thirty (30) days after receipt of the denial. A resubmittal shall be deemed a new payment request for purposes of this Section. The City Manager shall review any resubmitted payment request and inform the Owner of his approval or denial of it in accordance with this Section within ten (10) working days after receipt ofthe resubmission. Costs incurred under a construction contract entered into pursuant to the requirements of this Agreement and pursuant to change orders approved by the City shall be deemed to be reasonable. The City Manager shall, after the sale of Bonds (defined in Section 19 below) pursuant to Section 19 and the receipt of the proceeds of such Bonds which are intended to be used to acquire the Owner Constructed Improvements and after his or her approval of a payment request, immediately forward a request to the Director of Administrative Services ofthe City, or his or her designee (the "Director of Administrative Services") notifying the Director of Administrative Services of his or her approval ofthe payment request and requesting that such payment be made to the appropriate payee. The Director of Administrative Services shall process any such request of the City Manager pursuant to the applicable procedures ofthe Finance Department and shall make or authorize such payment pursuant to such procedures and subsection F. below. F. Pavrnent. The Developer agrees that the Owner shall requisition for the Purchase Price of each Owner Constructed Improvement. The Developer and the Owner agree that the Owner 6 P167 shall direct payment ofthe Purchase Price to the Developer so long as the Developer has reimbursed the Owner for all costs ofthe Owner Constructed Improvement, maintenance bonds, title insurance and other incidental expenses, in accordance with the Purchase Agreement. The increment of the Purchase Price for each Owner Constructed Improvement shall be paid to the Owner's designee within fifteen (15) days after the date of the City Manager's approval ofthe payment request for any such Improvement; provided, however, no Retained Increment may be paid for (a) any Owner Constructed City Improvement prior to (i) completion of all punch list items as specified in the letter from the Field Inspector to the Engineer of Record pursuant to Section 4 above; (ii) receipt of the maintenance bond as required pursuant to Section 5 above; (iii) the date which is thirty-five (35) days after the recording of a Notice of Completion for such Improvement as required pursuant to Section 6 above unless the requirement for such Notice of Completion has been waived by the City pursuant to such section; (iv) receipt of unconditional lien releases for such Improvement as required pursuant to Section 6 above unless the requirement for such unconditional lien releases has been waived by the City pursuant to such section; and (v) receipt of Acceptable Title as required pursuant to Section 9 below or (b) any Owner Constructed Water District Improvement prior to receipt by the City Manager of written notice from Water District that Water District has accepted such Owner Constructed Water District Improvement. Notwithstanding the foregoing, the Purchase Price or any increment thereof shall not be due and payable to the Owner except to the extent of available funds solely from the proceeds of the sale of Bonds as provided in Section 19 hereof, after all costs of formation of the Community Facilities District and all costs of issuance of such Bonds have been paid and deposits of accrued and capitalized interest to the redemption fund and the initial deposit to the reserve fund have been made and funds for the payment ofthe Fee Obligation have been set aside for such purpose. Beyond the amount of such available proceeds, neither the City, the Community Facilities District nor Water District shall have any obligation whatsoever to pay for the Owner Constructed Improvements contemplated hereby. In addition to the foregoing, the City shall have the right to withhold payment ofthe Purchase Price or any increment thereof of any Owner Constructed Improvement if(a) the Owner is delinquent in the payment of any assessment installments or special taxes levied by the City or a community facilities district established by the City on properties then owned by the Owner within the Community Facilities District or (b) the City Manager reasonably determines that the Owner is not then in substantial compliance with all applicable conditions and obligations imposed upon the Development pursuant to the land use entitlements approved by the City of the Development, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction of all applicable public improvements. The City Manager shall provide written notice to the Owner ofthe decision to withhold any such payment and shall specify the reason for such decision within five (5) business days of the later of (i) receipt of the applicable payment request or (ii) the date upon which the City Manager is made aware of such delinquency or substantial non-compliance. If the payment is withheld as a result ofthe delinquency in the payment of assessment installments or special taxes, the notice shall identify the delinquent parcels and the amount of such delinquency. If the payment is withheld as a result of substantial non-compliance with a condition or obligation, the notice shall specifY such condition or obligation and what action will be necessary by the Owner to substantially comply with such condition or obligation. Upon receipt by the City Manager of evidence reasonably satisfactory to the City Manager of the payment ofthe delinquent special taxes or assessments or upon the determination by the City Manager that the 7 P168 Owner has substantially complied with the subject condition or obligation, the City shall forthwith make any payment which has been withheld pursuant to the provisions of this paragraph. SECTION 9. Audit. The authorized representatives ofthe City shall have the right, upon two (2) days prior written notice to the Owner and during normal business hours, to review all books and records of the Owner pertaining to costs and expenses incurred by the Owner in construction ofthe Owner Constructed Improvements. SECTION 10. Ownership and Transfer of Owner Constructed City Improvements. The conveyance of the Owner Constructed City Improvements by the Owner to the City shall be in accordance with the following procedures: A. Improvements Constructed on Land not Owned bv the Citv. As a condition to the payment ofthe Retained Increment of the Purchase Price, the Owner shall cause an irrevocable offer of dedication to be made to the City or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City ofthe appropriate right, title and interest in and to the portion of the applicable property related to the applicable Owner Constructed City Improvement, including any temporary construction or access easements. The Owner, whether or not it is the entity constructing the Owner Constructed City Improvements, agrees to execute and deliver to the City the documents required to complete the transfer of Acceptable Title. For purposes of this Agreement, the term "Acceptable Title" shall mean title to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases, whether any such item is recorded or unrecorded, except those non-monetary encumbrances and easements which are reasonably determined by the City not to interfere with the intended use of the portion of the property. As a further condition to the payment ofthe Retained Increment of the Purchase Price for any Owner Constructed City Improvement, the Owner at its sole cost and expense, subject to reimbursement pursuant to Section 8, shall cause to be issued a policy oftitle insurance for such portion of the property in an amount not to exceed the Purchase Price and in the form reasonably required by the City in connection with the dedication of land for subdivision improvements and containing such title endorsements as may be reasonably requested by the City. The City's final acceptance of the portion ofthe property and the Owner Constructed City Improvements constructed thereon shall not be unreasonably withheld or delayed. All costs of title insurance shall be paid by the Owner and reimbursed to the Owner by the Developer. B. Owner Constructed Citv Improvements Constructed on Land Owned bv the Citv. If the Owner is authorized to construct an Owner Constructed City Improvement on land owned in fee by the City or on land over which the City owns an easement, the Owner shall obtain the necessary encroachment permits to enter such land for purposes of constructing such Improvement. The City shall cooperate with the Owner in issuing such encroachment permits. The Owner Constructed City Improvements shall be inspected by the City on an ongoing basis. SECTION 11. Grading and Subdivision Improvement Bonds. Except as provided below, the Owner shall be required to post bonds or other security acceptable to the City to guarantee completion of the Owner Constructed City Improvements in accordance with the City's standard subdivision requirements and conditions of approval of the Development (the "Conditions of Approval"). 8 P169 Performance and labor and material bonds for specific Owner Constructed City Improvements shall not be required or may be released if: (1) such Improvements constitute a portion of the required subdivision improvements; (2) Bond proceeds to construct or acquire such Owner Constructed City Improvements are available; and (3) the Owner Constructed City Improvements are to be constructed or acquired entirely with the proceeds of the Bonds. Provided that conditions (1) and (2) are satisfied, if an Owner Constructed City Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, performance and labor and material bonds shall not be required for that portion of such Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or constructed with Bond proceeds. The City will cooperate with the Owner in the termination or exoneration of any performance and labor and material bonds assuring completion of Owner Constructed City Improvements for which bonds have been sold or in accordance with Section 5 above. SECTION 12. Indemnification by the Owner. The Owner shall defend, indemnify and hold harmless the City, its officers, directors, employees and agents, the Community Facilities District, its officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys fees by reason of, or resulting from, or arising out of the design, engineering and construction ofthe Owner Constructed City Improvements; provided that any claims which relate to the Owner Constructed City Improvements shall be limited to those arising out of personal injury or property damage caused by actions or omissions by the Owner or the Owner's employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the Owner Constructed City Improvements to the City, whether or not a claim is filed prior to the date of acceptance of such Improvements. Nothing in this Section 12 shall limit in any manner the rights of the City and/or the Community Facilities District against any of the architects, engineers, contractors or other consultants employed by the Owner which have performed work in connection with construction or financing of the Owner Constructed Improvements. Notwithstanding the foregoing, the Owner shall not be obligated to defend, indemnify or hold harmless the City, its officers, directors, employees and agents for the sole negligence or willful misconduct of the City, its officers, directors, employees and agents. Except as set forth in this Section 12, no provision of this Agreement shall in any way limit the extent of the responsibility of the Owner for payment of damages resulting from the operations of the Owner, its agents, employees, or contractors. SECTION 13. Financing of Fee Related Improvements. The Community Facilities District shall finance, solely from the proceeds of the Bonds, the construction of the Fee Related Improvements for the Water District and the Utility Agency contingent upon each such public agency entering into a JCF A with the City pursuant to the Act. The terms and conditions of each JCF A will govern the financing of the applicable Fee Related Improvements for each such public agency. The Community Facilities District shall finance, solely from the proceeds ofthe Bonds, the construction ofthe Fee Related Improvements for the City in an amount equal to the City's share of the Fee Obligation set forth in Exhibit A hereto. The financing ofthe Fee Related Improvements of the City from the proceeds of the Bonds shall be in lieu of the payment of the corresponding development impact fee of the City. In the event that the Bond proceeds allocated to finance the Fee 9 P170 Related Improvements of the City are less than the corresponding development impact fee, the Owner shall be obligated to pay the balance of the development impact fee obligation applicable to the Development in accordance with the Conditions of Approval. In such an event, the Developer may be required by the Purchase Agreement to pay such impact fees. Ifit is necessary or desirable to pay any Fee Obligations in advance of the issuance of the Bonds (herein, the "Advances"), the Community Facilities District and the City agree that such Advances shall be reimbursed from the proceeds of the Bonds to the party that paid such Advances. The parties hereto agree that any such Advances shall be paid with an expectation of reimbursement solely from the proceeds of the Bonds, and shall not be construed as a gift or a waiver of reimbursement. SECTION 14. Obligations ofthe City, the Community Facilities District or the Water District. Except as provided in this Agreement, neither the City, the Community Facilities District nor the Water District has a legal or financial obligation to construct or finance the actual construction of the Owner Constructed Improvements. All costs incurred for actual construction of the Owner Constructed Improvements, including all incidentals thereto, shall be borne by the Owner. The obligations ofthe City are limited to (a) the acquisition ofthe Owner Constructed Improvements pursuant to the provisions of this Agreement and (b) the transfer to the City, the Water District and the Utility Agency of an amount equal to the applicable portion ofthe Fee Obligation. SECTION 15. Failure by the Owner to Construct Owner Constructed City Improvements. At any time that the construction of the Owner Constructed City Improvements is not progressing within a reasonable time in accordance with the Conditions of Approval or the Owner fails to demonstrate a continuing ability to complete the construction of the Owner Constructed City Improvements in accordance with the Conditions of Approval, the City may give written notice of such failure of performance to the Owner. The Owner shall have sixty (60) days from the date of receipt of such notice to cure such failure of performance by demonstrating to the satisfaction of the City during such cure period reasonable progress in the construction of the Owner Constructed City Improvements and a continuing ability to complete the construction of such Improvements in accordance with the Conditions of Approval. Should the Owner fail to satisfactorily demonstrate such reasonable progress or such continuing ability, the obligations of the City under this Agreement related to the Owner Constructed City Improvements may be terminated by the City by providing ten (10) days written notice to the Owner. Upon termination, the City may in its sole discretion then proceed to advertise and bid the balance of the Owner Constructed City Improvements, and there will be no further obligation on the part ofthe City for payment due to the Owner pursuant to this Agreement with regard to the Owner Constructed City Improvements. In the event that the City chooses not to advertise and bid the balance of the Owner Constructed City Improvements following such a termination, any monies remaining in the improvement fund for the Community Facilities District and eligible to be utilized to pay the Purchase Price for the Owner Constructed City Improvements and not appropriated or subject to appropriation for eligible expenses ofthe Community Facilities District previously incurred shall be utilized in accordance with the provisions of the fiscal agent agreement applicable to the Bonds (as such term is defined in Section 19). 10 Pl?l SECTION 16. Agreement Contingent. This Agreement shall be null and void ifthe first series of Bonds are not sold within a three (3) year period following the date ofthis Agreement, or any mutually agreed upon extension. The City may, at its option, suspend the performance of its obligations under this Agreement if any legal challenge is filed relating to the validity or enforceability of this Agreement, the Community Facilities District proceedings or the issuance ofthe Bonds. The obligations of the City hereunder shall be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and enforceability of the Agreement, the Community Facilities District proceedings and the issuance of the Bonds. In the event that a final judgment is entered invalidating or declaring unenforceable this Agreement, the Community Facilities District proceedings or the issuance of the Bonds, the City may, at its option, terminate this Agreement. SECTION 17. Notice of Special Tax. The Owner, or the successor or assigns ofthe Owner, shall provide written notice to all potential purchasers of lots in a form satisfactory to the City so advising the potential owner of the existence ofthe Community Facilities District and the levy ofthe special taxes, with such document being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the lot so that the potential purchaser may knowingly consider the impact of the special tax in the decision to purchase the lot. A copy of all such notices executed. by actual purchasers shall be sent to the City Manager. SECTION 18. Relationship to Pnblic Works. This Agreement is for the construction and acquisition of certain Owner Constructed Improvements by the City and the sale of the Bonds for the payment of construction and acquisition costs for such Owner Constructed Improvements and such other amounts as are herein provided, and is not intended to be a public works contract. In performing its obligations under this Agreement, the Owner is an independent contractor and not the agent of the City. The City shall have no responsibility for payment to any contractor or supplier of the Owner. SECTION 19. Sale of Bonds. The City shall initiate proceedings to issue and sell bonds secured by the levy of special taxes within the Community Facilities District (the "Bonds") to be issued pursuant to the Act only upon the receipt of a written request from the Owner that the Community Facilities District initiate proceedings to issue and sell such Bonds. The proceeds of the Bonds shall be used in the following priority to (i) fund a reserve fund for the payment of principal and interest with respect to the Bonds; (ii) fund capitalized interest, if necessary, on the Bonds in an amount not to exceed the amount required to pay interest on the Bonds until sufficient special taxes of the Community Facilities District are collected; (iii) pay for costs of issuance of the Bonds including, without limitation, underwriter's discount, bond counsel fees, disclosure counsel fees, printing, and fiscal agent fees; (iv) reimbursement for the costs of forming the Community Facilities District, the rate and method of apportionment of the special taxes and the bond authorization; (vi) pay the Fee Obligation pursuant to the provisions of this Agreement, and (v) pay for the costs ofthe construction or acquisition of the Owner Constructed Improvements pursuant to the provisions of this Agreement. Proceeds ofthe Bonds in an amount equal to the Fee Obligation shall be deposited and set 11 P172 aside in a separate account (the "Fee Related Improvement Account") to be established by the instrument establishing the terms and conditions related to the issuance of the Bonds (the "Fiscal Agent Agreement"). Upon the deposit of the Fee Obligation in the Fee Related Improvement Account, such amount shall be credited the City, the Water District and the Utility Agency, as applicable. The timing of the issuance and sale of the Bonds, the terms and conditions upon which the Bonds shall be issued and sold, the method of sale ofthe Bonds and the pricing of the Bonds shall be determined solely by the City and shall conform to the Goals and Policies and this Agreement. The sale of the Bonds shall be subject to receipt by the City of a competitively bid or negotiated bond purchase agreement which is acceptable to the City. The sale ofthe Bonds shall also be conditional upon the preparation of an official statement related to the Bonds that is, in the sole judgment of the City, "deemed final" as such term is used in Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The aggregate principal amount ofthe Bonds shall not exceed one-third (1/3) ofthe value of the property within the Community Facilities District subject to the levy of special taxes as determined by an independent appraisal undertaken for the City utilizing appraisal assumptions approved by the City. Notwithstanding the foregoing, a value-to-lien ratio ofless than 3: 1 may be approved, in the sole discretion ofthe City Council, upon determination by the City Manager, after consultation with the Director of Administrative Services, the bond counsel, the underwriter and the financial advisor, that a value-to-lien ratio of less than 3: 1 is financially prudent under the circumstances of the Community Facilities District. The City may, in its sole discretion, accept a form or forms of credit enhancement such as a letter of credit, cash deposit, bond insurance or the escrow of bond proceeds to offset a deficiency in the required value-to-debt ratio. The amount of the Bonds to be issued shall be determined in accordance with the Goals and Policies such that the maximum projected annual special tax revenues equal (i) 110% of the projected annual gross debt service on the Bonds for the calendar year commencing in such fiscal year, plus (ii) projected administrative expenses of the Community Facilities District for the calendar year commencing in such fiscal year. The Owner, on behalf of itself, any affiliates of the Owner and any successor or assign of the Owner including, but not limited to, all persons or entities acquiring all or a part of the Development for the purpose of constructing and selling owner-occupied residential dwelling units, agrees to (a) provide all information regarding the development ofthe property within the Community Facilities District, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of the Rule and all other applicable federal and state securities laws, (b) enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the Community Facilities District, the development thereof and the Owner as necessary to ensure ongoing compliance with the continuing disclosure requirements of the Rule and (c) cause its counsel to provide an opinion of such counsel in a form satisfactory to disclosure counsel of the City and the underwriter of the Bonds. SECTION 20. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing the Owner from any condition of 12 P173 development or requirement imposed by any other agreement with the City. In the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the City. SECTION 21. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 22. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 23. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Owner: William Lyon Homes 11870 Pierce Street, Suite 200 Riverside, California, 92505 Attn: Rick Brown Developer: Lewis Investment Company, LLC c/o Lewis Operating Corp. 1156 North Mountain Avenue Upland, California, 91786 Atto: Bryan T. Goodman City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. SECTION 24. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 13 P174 SECTION 25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The Owner may not assign its rights or obligations hereunder except upon written notice to the City within ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations ofthe Owner arising under or from this Agreement, the Owner shall be released by the City from all future duties or obligations arising under or from this Agreement. Notwithstanding the preceding sentence, the Owner may assign its rights and obligations hereunder as security to lenders for the purpose of obtaining loans to finance development within the Community Facilities District, but no such assignment shall release the Owner from its obligations hereunder to the City. SECTION 26. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws ofthe State of California, Additionally, this Agreement and the construction of the Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 27. Waiver. Failure by a party to insist upon the strict performance of any ofthe provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. SECTION 28. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. SECTION 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. SECTION 30. Construction of Agreement. This Agreement has been reviewed by legal counsel for the City, the Developer, and the Owner and shall be deemed for all purposes to have been jointly drafted by the City, the Developer, and the Owner. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives ofthe parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. 14 P175 Signature Page to Acquisition/Financing Agreement by and between the City of Rancho Cucamonga, Lewis Investment Company, LLC and William Lyon Homes, Inc. EXECUTED by and between the parties hereto on the day and year first hereinabove written. "CITY" CITY OF RANCHO CUCAMONGA CITY MANAGER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA "OWNER" WILLIAM LYON HOMES, INC., A California corporation By: Name: Title: By: Name: Title: "DEVELOPER" LEWIS INVESTMENT COMPANY, LLC, A California Limited Liability Company By: Lewis Operating Corp. A California Corporation, Its Sole Manager By: Authorized Agent S-I EXHIBIT "A" P176 DESCRIPTION OF IMPROVEMENTS AND COST ESTIMATE ,2006 1. Fee Related Improvements to be owned by the City which are authorized to be financed from the proceeds of City fees: Transportation Fee Beautification Fee Parks and Recreation Fee Drainage Fee Sub Total . 2. Fee Related Improvements to be owned by the Water District authorized to be financed from proceeds of Water District fees: Water Capacity Fee Water Meter & Box Charge Sewer Connection Fee Sub Total 3. Fee Related Improvements to be owned by the Utility Agency which are authorized to be financed from proceeds of Utility Agency fees: Sewer Capacity Fee Sub Total of Fee Obligation (sum of 1, 2 and 3 above) 4. Owner Constructed City Improvements Street Improvements' Landscaping Improvements located in public right-of-way Drainage Improvements Sub Total of Owner Constructed City Improvements 5. Owner Constructed Water District Improvements Water Improvements Sewer Improvements Sub Total of Owner Constructed Water District Improvements Sub Total of Owner Constructed Improvements (sum of 4 and 5 above) Total Improvement Cost Estimate 1 Cost estimate includes $230,825 for dry utilities. B-1 Total $456,534 98,436 478,710 331,895 $1,365,575 $446,784 51,480 193,294 $691,558 $655,200 $2,712,333 $640,013 428,840 520,000 $1,588,853 $32,400 10,000 $42,400 $1,631,253 $4,343,586 Pl77 EXHIBIT "B" BASE INCREMENT PAYMENT REQUEST NO. The undersigned (the "Owner") hereby requests payment in the total amount of$ for the Base Increment of the Purchase Price of the Owner Constructed Improvements (as defined in the AcquisitionfFinancing Agreement by and among the City of Rancho Cucamonga (the "City") and the Owner (the "Agreement") and described in Exhibit A to that Agreement), all as more fully described in Attachment I hereto. The Purchase Price shall be paid to Capitalized terms used in this Payment Request and not defined herein shall have the meanings given such terms in the Agreement. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: I. He( she) is a duly authorized officer of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein. 2. The Owner Constructed Improvements that are the subject of this Payment Request have been substantially completed in accordance with the provisions ofthe Agreement. 3. The Purchase Price for the Owner Constructed Improvements has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Base Increment for which payment is requested has not been the subject of any prior payment request paid by the City. 4. Supporting documentation (such as third party invoices, change orders and copies of checks or other evidence of payment) is attached with respect to each cost for which payment is requested. 5. The Owner Constructed Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement [and the JCFA with the Water District and the Water District Requirements as to any Owner Constructed Water District Improvements]. 6. The Owner is in compliance with the terms and provisions of the Agreement [and the JCF A with the Water District and the Water District Requirements as to any Owner Constructed Water District Improvements]. 7. Except as otherwise permitted pursuant to the Agreement, no mechanics liens or other encumbrances have attached, or to the best knowledge of the Owner, after due inquiry, will attach to the Owner Constructed Improvements. B-2 P178 I hereby declare under penalty ofpetjury that the above representations and warranties are true and correct. OWNER: Dated: CITY Payment Request Approved for Submission to Director of Administrative Services City Manager Dated: B-3 P179 ATTACHMENT 1 SUMMARY OF OWNER CONSTRUCTED IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _ Base Increment Description of Purchase Price Disbursement Owner Constructed for Owner Base Increment Requested Improvement Constructed Imorovement [List here all Improvements for which payment is requested, and attach supporting documentation] B-4 P180 EXHIBIT "C" RETAINED INCREMENT PAYMENT REQUEST NO. The undersigned (the "Owner") hereby requests payment in the total amount of$ for the Retained Increment of the Purchase Price of the Owner Constructed Improvements (as defined in the AcquisitionlFinancing Agreement by and among the City of Rancho Cucamonga (the "City") and the Owner (the "Agreement") and described in Exhibit A to that Agreement), all as more fully described in Attachment I hereto. The Purchase Price shall be paid to . Capitalized terms used in this Payment Request and not defined herein shall have the meanings given such terms in the Agreement. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: 1. He(she) is a duly authorized officer of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein. 2. The Owner has submitted or submits herein to the City, if applicable, as-built drawings or similar plans and specifications for any Owner Constructed City Improvements included in this Payment Request and such drawings or plans and specifications, as applicable, are true, correct and complete. 3. The Purchase Price for the Owner Constructed Improvements has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Retained Increment for which payment is requested has not been the subject of any prior payment request paid by the City. 4. Supporting documentation (such as third party invoices, change orders, lien releases and copes of checks or other evidence of payment) is attached with respect to each cost for which payment is requested. 5. The Owner Constructed Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement [and the JCFA with the Water District and the Water District Requirements as to any Owner Constructed Water District Improvements]. 6. The Owner is in compliance with the terms and provisions ofthe Agreement [and the JCF A with the Water District and the Water District Requirements as to any Owner Constructed Water District Improvements]. 7. No mechanics liens or other encumbrances have attached, or to the best knowledge ofthe Owner, after one inquiry, will attach to the Owner Constructed Improvements. C - I P181 I hereby declare under penalty of peIjury that the above representations and warranties are true and correct. . OWNER: By: Dated: CITY Payment Request Approved for Submission to Director of Administrative Services City Manager Dated: C - 2 P182 ATTACHMENT 1 SUMMARY OF OWNER CONSTRUCTED IMPROVEMENTS TO BE ACQUlRED AS PART OF PAYMENT REQUEST NO. _ Retained Increment Description of Base Increment Disbnrsement Owner Constructed Purchase Price Previously Paid Requested Imnrovement [List here all Owner Constructed Improvements for which payment is requested, and attach supporting documentation] C - 3 P183 STAFF REpORT CI1Y MANAGER'S OFFICE Date: October 18, 2006 To: Mayor and Members of City Council Jack Lam, AICP, City Manager From: Pamela S. Easter, Assistant City Manager Ingrid Y. Bruce, GIS/Special ~istricts Manager Subject: CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITY DISTRICT No. 2006-02 (AMADOR ON ROUTE 66) RECOMMENDATION: It is recommended that: 1. The City Council open the public hearing and take testimony on forming and establishing Community Facilities ~istrict (CFO) No. 2006-02 (Amador on Route 66) and authorizing the levy of a special tax in the CFO to finance the acquisition or construction of certain public facilities. During this hearing the City Council should take testimony on the necessity to incur bonded indebtedness to be secured by the levy of such special taxes and submitting propositions to the qualified electors of the CFO to authorize the levy of such special taxes, to authorize the bonded indebtedness and to establish an appropriations limit for the CFO 2. Immediately following the public hearing, the City Council adopt the resolutions (a) approving the forms of Joint Community Facilities Agreements with the Cucamonga Valley Water ~istrict ("CVWO") and the Inland Empire Utilities Agency ("lEU A"), (b) forming and establishing the CFO and (c) determining the necessity to incur a bonded indebtedness for the CFO and submitting the propositions described above to the qualified electors of the CFO. 3. Immediately following the adoption ofthe foregoing resolutions, the City Clerk canvas the votes on the above propositions. 4. After the votes are canvassed, the City Council approve the resolution declaring the results ofthe election. . 5. Ifthe propositions receive the appropriate affirmative vote, the City Council adopt (a) a resolution approving an Acquisition/Financing agreement with Lewis Investment Company, LLC, the master developer of the property within the CFO, and William Lyon Homes, the owner of the property within the CFO, and (b) a motion to introduce and waive the first reading of the ordinance authorizing the levy of a special tax and the resolution approving the acquisition financing agreement between the City and the developer. These foregoing recommended actions are brought to you in accordance with the request of the property owner and pursuant to City Policy. P184 STAFF REpORT OCTOBER 18, 2006 BACKGROUND: The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tentative Tract Map No. 16882 (Amador on Route 66). The development in question is located on the north side of Foothill Boulevard and east of Etiwanda Avenue and west of East Avenue. Attached is a boundary map showing the exact boundaries ofthe CFD. These facilities will serve the residents within this southern region of the community by providing street improvements, landscape improvements within the public right-of-way, and water and sewer improvements. To help fund these improvements, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all costs associated with the formation of the CFD are being borne by the Owner. In order to pay for the acquisition or construction of these facilities, it is proposed that a special tax authorized to be levied within the CFD. The special tax will be levied only on the properties in the CFD. The special tax is based on the square footage ofthe home for residential properties. The tax rates are listed in Table I below: TABLE 1 MAXIMUM SPECIAL TAX DEVELOPED PROPERTY FISCAL YEAR 2006-2007 Land Use Residential Floor Maximu,m Class Description Area Special Tax I Residential Property More than 1850 SF $2,816 per unit 2 Residential Property 1,601- 1,850 SF $2,697 per unit 3 Residential Property 1,351 - 1,600 SF $2,469 per unit 4 Residential Propertv Less than 1,351 SF $2,24] per unit 5 Non-Residential Property NA $64,747 per Acre These rates for the special taxes are consistent with the City policy to insure that the total taxes on any property do not exceed 1.85%. These special tax rates have been reviewed with the Owner and the Owner is in concurrence with the rate and method of apportionment for the special taxes. Finally, in order to finance the facilities in question, it is necessary for the CFD to incur bonded indebtedness. The debt service for these bonds will be paid from the proceeds of the special tax levied in this CFD. Neither the City nor other property owners or residents will be responsible for this debt. It is proposed that the total amount of bonded indebtedness shall not exceed $3,100,000. P185 STAFF REpORT OCTOBER 18, 2006 Because some of the facilities to be financed by the bonds will be owned by public agencies other than the City, we are asking the City Council to approve Joint Community Facilities Agreements (each a "JCF A") with these agencies. The other agencies that will have facilities funded by this District are the Cucamonga Valley Water District and the Inland Empire Utilities Agency. These agreements provide for the transfer of funds and facility ownership and are required to comply with the state law. Before the bonded indebtedness and levy ofthe special tax can happen, the property owners ofthe CFD need to vote on these matters and the establishment of an appropriations limit for the CFD. The attached resolution contains the language of the ballot propositions. It should be noted that the Owner is the only property owner and the only qualified elector. The Owner is the party that originally requested the formation of this CFD. If the City Council decides to approve the resolutions approving the JCFAs, forming and establishing the CFD and determining the necessity to incur a bonded indebtedness for the CFD, then the matter will be put before the property owner for a vote. If the vote is successful, the City Council would then need to approve the resolution declaring the results of the election, the ordinance authorizing the levy of a special tax, and the resolution approving the Acquisition/Financing Agreement. After these actions, the staff and the City's financing team will undertake the steps necessary to sell the necessary bonds to see that acquisition and construction of the authorized public facilities can be financed. The City Council will subsequently be asked to determine that the proposed bond issue conforms to the City's policies, approve the issuance of bonds for the CFD and the documents related to the issuance of such bonds including a Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement and Continuing Disclosure Agreement, These actions are consistent with established City policy on CFD formations and comply with the necessary state and federal regulations regarding these matters. Respectfully submitted, 9f~:~ GIS/Special Districts Manager ~~~ Assistant City Manager Attachments: Boundary Map Resolutions JCFAs Acquisition & Financing Agreement Ordinance '" ~. ... ~" ".. "'0 ~.. <la . . !~8 ~'o '''' :!l: - o c ~o ..0: "00 . ..,.... ~..o .. e<) ,., .~ . .... !~tJ ~.. ,,"0 '" ~ .. ~... <)e ~l:;= ~o ", u ,~ "0 '- 1"5 (v'"i : ~';l; . "--_ I- >- ".. .~ cu .... o I CO o o N lI..c1o 0 ozZ ~ o C1c:( CI):lE.........a:1-4 Wc:(OGlc:(Z MO;~Z~ a:=...&..a:lI.. 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OJ .c E " Zoo ....0 Q)' 0'" ....0> ",0 0..' 0> ....0 0'" .,0 ., <II U) ., < ~ . ~ 2 o v E ~ '~~I ~ ! , . : j!l :lAY rBxrt"U1'( UY IGII.VH ,^y :lAV atYCl.IC'lfV 1; P186 l-J H .1" ~ . . .. ~ c . . c I~ \~ ~ \ . . ".!j ~. v ;:" ~o ",- ~~ ~. i Ji ~ < . . " j ~ . o ~ ~ s ~ .. P187 RESOLUTION NO. D(p / z;) (0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA VALLEY WATER DISTRICT AND THE INLAND EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the acquisition of certain public facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) (the "District"); and, WHEREAS, included among the public facilities proposed to be acquired are certain public facilities which will be owned, operated and maintained by the Cucamonga Valley Water District ("CVWD") or the Inland Empire Utilities Agency ("IEUA" and together with CVWD, the "Public Agencies"); and, WHEREAS, the Act provides that the District may finance the acquisition of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") only pursuant to a Joint Community Facilities Agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, Government Code Section 53316.2 provides that the City Council and the legislative bodies of the Public Agencies may enter into separate Joint Community Facilities Agreements at any time prior to the adoption by the City Council of the resolution of formation creating the District if each legislative body declares that such Joint Community Facilities Agreement would be beneficial to the residents of each respective agency; and WHEREAS, the legislative body of each of the Public Agencies has approved the applicable form of Joint Community Facilities Agreement and thereby declared that such Joint Community Facilities Agreement would be beneficial to the residents of the applicable Public Agency; and WHEREAS, the form of each Joint Community Facilities Agreement by and between the City and each of the Public Agencies have been presented to this City Council for its consideration. SECTION 1. RECITALS. The above recitals are all true and correct. 1 P188 SECTION 2. DECLARATION. The City Council hereby declares that each of the Joint Community Facilities Agreements would be beneficial to the residents of the City. SECTION 3. APPROVAL OF JOINT COMMUNITY FACILITIES AGREEMENTS. The forms of each Joint Community Facilities Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other official of the City as may be designated by the City Manager (an "Authorized Officer"), acting for and on behalf of the District, is hereby authorized and directed to execute and deliver each Joint Community Facilities Agreement subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the District's bond counsel. PASSED, APPROVED, And ADOPTED this ,2006. AYES: NOES: ABSENT: day of William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 P189 JOINT COMMUNITY FACILITIES AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND CUCAMONGA VALLEY WATER DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) THIS JOINT COMMUNITY FACILITIES AGREEMENT, dated as of October _, 2006, is entered into by and between CITY OF RANCHO CUCAMONGA, a municipal corporation (the "City") and CUCAMONGA V ALLEY WATER DISTRICT, a county water district (the "Water District"). RECIT ALS: (a) The City Council of the City, at the request of William Lyon Homes, Inc. as the owner (the "Owner") of certain property in the City and Water District located generally north of Foothill Boulevard, east of Etiwanda Avenue and west of East Avenue in the City and more . . particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), has initiated proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part I of Division 2 of Title 5 of the Government Code (the "Mello-Roos Act") to include the Property for the purpose of financing the construction of certain public facilities to be owned by various public entities (the "Public Facilities") necessary to serve new development within the Property (the "Project"). Such community facilities district has been designated as City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66) (the "CFD"). The City has also initiated proceedings proposing to authorize the issuance of bonds to be secured by the levy of special taxes within the CFD in an amount expected to be sufficient to finance the acquisition or construction of the Public Facilities. (b) The Owner has requested that certain water and sewer facilities to be owned and operated by the Water District and which are necessary to provide water and sewer service to the Project be included among the Public Facilities to be financed by the CFD. The Water District, as the public agency responsible for providing water and sewer service to the Project, and the Owner have agreed that the Owner will construct or cause the construction of such water and sewer facilities (the "Owner Constructed Water District Facilities"), all as described in Exhibit B attached hereto and incorporated herein by this reference. (c) The Water District levies and collects water and sewer capacity fees (collectively, the "Water District Capacity Fees") as a condition precedent to the approval of the provision of water and sewer service to new development within the Water District, including the Project, to finance the construction of the water and sewer facilities and the acquisition of capacity in existing facilities (the "Water District Capacity Facilities" and, together with the Owner Constructed Water District Facilities, the "Water District Facilities") described in Exhibit B necessary to provide capacity in the Water District's water and sewer systems to serve such new I P190 development. The Owner has requested that the CFD finance the construction and acquisition of the Owner Constructed Water District Facilities and the construction and acquisition of the Water District Capacity Facilities that would otherwise be financed with the proceeds of the Water District Capacity Fees. (d) The Water District also collects fees (the "Agency Capacity Fees") for and on behalf of the Inland Empire Utilities Agency, a municipal water district (the "Agency"), which are required by the Agency as a condition precedent to the approval of new development within the Agency, including the Project, to finance regional wastewater treatment facilities (the "Agency Capacity Facilities") necessary to provide the treatment capacity within the Agency's wastewater treatment facilities to serve such new development. The Owner has requested that the CFD finance the Agency Capacity Facilities that would otherwise be funded with the proceeds of the Agency Capacity Fees. (e) The City desires to assist the Water District and the Agency by financing through the CFD (i) the acquisition or construction of the Owner Constructed Water District Facilities; (ii) the construction and acquisition of the Water District Capacity Facilities in the approximate amount of $284,000 (representing the estimated amount of the Water District Capacity Fees for the Project) based upon the Water District's 2006 fee schedule for 99 single family homes (the "Water District Capacity Facilities Amount"); and (iii) the construction and acquisition of the Agency Capacity Facilities in the approximate amount of exceed $156,000 based on the Agency's 2006 fee schedule for 99 single family homes (the "Agency Capacity Facilities Amount"). In exchange for the receipt of the Water District Capacity Facilities Amount, the Water District agrees to grant a credit in an amount equal to the funds actually received by the Water District from the bond proceeds of the CFD pursuant to this Agreement in the payment of the Water District Capacity Facilities Amount to be applied against the Water District Capacity Fees charged by the Water District in connection with the development of the Project. In exchange for the receipt of the Agency Capacity Facilities Amount, the Water District will, subject to the approval of the Agency, grant a credit in an amount equal to the funds actually received by the Water District from the bond proceeds of the CFD pursuant to this Agreement in payment of the Agency Capacity Facility Amount to be applied against the Agency Capacity Fees in connection with the development of the Project. (f) The Water District has reviewed the Water District Facilities and represents that the construction of such facilities is required by the Water District as a condition of regulatory approval by the Water District of the development of the Project. (g) Pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Government Code, (i) a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement or ajoint exercise of powers agreement adopted pursuant to Section 53316.2; (ii) a party to such an agreement may use the proceeds of any bonds or other indebtedness issued pursuant to the Mello-Roos Act to provide facilities which that party is otherwise authorized by law to provide, even though another party to the agreement does not have the power to provide those facilities; and (iii) no local agency which is a party to a joint community facilities agreement, other than a city, a county, a city and county, or certain joint powers authorities, shall 2 P191 have primary responsibility for formation of a community facilities district unless it is reasonably expected to have responsibility for providing facilities to be financed by a larger share of the proceeds of bonds of the community facilities district created pursuant to the agreement than any other local agency. (h) The purpose of this Agreement is to set forth the understandings of the parties with respect to the establishment of the CFD, the authorization of bonded indebtedness and the sale of bonds for the CFD, and the allocation of a portion of the proceeds of the sale of such. bonds for the acquisition or construction of the Owner Constructed Water District Facilities, the Water District Capacity Facilities and the Agency Capacity Facilities. (i) The City and the Water District have each determined that entering into a joint community facilities agreement to enable the CFD to finance the acquisition or construction of the Owner Constructed Water District Facilities, the Water District Capacity Facilities and the Agency Capacity Facilities will be beneficial to the residents of the City and the Water District respectively, and, therefore, desire to enter into this joint community facilities agreement pursuant to Government Code Section 53316.2. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties agree as follows: 1. Formation Proceedinl!s: Responsibilitv. The City Council of the City shall have the jurisdiction to and shall be solely responsible for conducting proceedings pursuant to the Mello- Roos Act for the establishment of the CFD. The City Council shall also have the jurisdiction to and shall be solely responsible for conducting proceedings pursuant to the Mello-Roos Act to authorize the CFD to incur a bonded indebtedness for the pnrpose of financing the acquisition or construction of the Public Facilities, including the Water District Facilities and the Agency Capacity Facilities. The City Council of the City, acting as the legislative body of the CFD, shall have the sole discretion to establish the terms and conditions for and approve the issuance of bonds for the CFD. The Water District is not directly or indirectly approving or responsible in any way whatsoever for the formation of the CFD, the authorization for the levy of special taxes within the CFD or the issuance of bonds for the CFD. The Water District shall not be responsible in any way whatsoever for the costs of formation of the CFD. 2. Issuance of Bonds. Upon completion of the proceedings for the establishment of the CFD and the authorization of bonded indebtedness, the CFD shall proceed to issue and sell a series of bonds of the CFD in an aggregate principal amount which shall not exceed $3,100,000 for the purpose of providing funding for financing the design, construction and acquisition of Public Facilities, including the Water District Facilities and the Agency Capacity Facilities. The CFD shall proceed with the issuance and sale of such bonds if and when it is determined, in the 3 P192 sole discretion of the CFD, that all of the conditions which must be satisfied in connection with the issuance and sale of bonds of a community facilities district such as the CFD, including the requirements of Section 53345.8 of the Government Code and the goals and policies of the City with respect to community facilities districts, have been satisfied. In making such determination, the City shall be guided by the advice of its bond counsel and financial advisor and the underwriter of the bonds. 3. The Owner Constructed Water District Facilities. (a) Plans and Specifications. The parties agree that the Owner shall be responsible for preparing or causing the preparation of the plans and specifications for the construction of the Owner Constructed Water District Facilities (the "Owner Constructed Water District Facilities Plans and Specifications"). The Owner Constructed Water District Facilities Plans and Specifications shall conform to the requirements of the Water District for such facilities and shall be subject to the review and approval by the Water District. (b) Construction and Inspection of the Owner Constructed Water District Facilities. The parties agree that the Owner shall be responsible for constructing or causing the construction of the Owner Constructed Water District Facilities, the acquisition of which will be financed by the CFD. Neither the City nor the Water District will be responsible for constructing or causing the construction of the Owner Constructed Water District Facilities. The construction of the Owner Constructed Water District Facilities shall be subject to inspection by the Water District. The Owner Constructed Water District Facilities must be constructed in accordance with the Owner Constructed Water District Facilities Plans and Specifications as approved by the Water District and the policies and requirements of the Water District applicable to such construction. The Water District shall notify the Water District and the City when the Owner Constructed Water District Facilities have been completed in accordance with the Owner Constructed Water District Facilities Plans and Specifications and are ready for acceptance by the Water District. The City, the CFD, and the Water District understand and agree that (i) Owner Constructed Water District Facilities will be constructed prior to the issuance of the bonds by the CFD, a portion of the proceeds of which will be used to reimburse the Owner for the Owner Constructed Water District Facilities; (ii) the Owner may submit payment requests for Owner Constructed Water District Facilities in an amount that exceeds the portion of the bond proceeds allocated for the Owner Constructed Water District Facilities; (iii) all payment requests submitted by the Owner will be inspected and reviewed in the manner set forth in this Agreement; and (iv) the City, the CFD, and the Water District have no obligation to pay the Owner for any costs or expenses related to Owner Constructed Water District Facilities that exceed the portion of bond proceeds allocated thereto. The Owner Constructed Water District Facilities will be purchased by the Water District solely from the portion of the proceeds of the CFD bonds that is allocated thereto (which shall not include any part of such proceeds that is allocated to the payment of the Water District Capacity Fees or the Agency Capacity Fees). The conveyance of Owner Constructed Water District Facilities to the Water District prior to receipt of the purchase price for such facilities shall not be construed as a dedication or gift, or a waiver 4 P193 of the purchase price for such facilities. (c) Ownership of the Owner Constructed Water District Facilities. Upon receipt of written notification from the Water District that the Owner Constructed Water District Facilities have been completed in accordance with the Owner Constructed Water District Facilities Plans and Specifications and are accepted by the Water District, ownership of and title to the Owner Constructed Water District Facilities shall vest in the Water District. The parties agree to execute and deliver to the Water District the documents reasonably necessary to transfer to the Water District such right, title, and interest in and to the Owner Constructed Water District Facilities and any real property associated with the Owner Constructed Water District Facilities as is appropriate. Upon acceptance of the Owner Constructed Water District Facilities by the Water District, the Water District shall incorporate the Owner Constructed Water District Facilities in the Water District's water or sewer system, as applicable, and the Water District shall thereafter be responsible for the maintenance of the Owner Constructed Water District Facilities in accordance with all applicable Water District maintenance procedures and practices. 4. The Water District Capacity Facilities. (a) Allocation of Bond Proceeds. Upon the issuance and sale of the CFD bonds, the fiscal agent agreement with respect to such bonds shall provide for the delivery by the fiscal agent for the bonds to the Water District of an aggregate amount not to exceed the Water District Capacity Facilities Amount (the "Water District Capacity Facilities Proceeds"). The exact amount of such funds to be transferred to the Water District shall be the net amount of bond proceeds available after allocating the bond proceeds to funding (a) the reserve fund for the bonds and (b) the costs of issuance of the bonds, the costs of formation of the CFD and the cost of the administration of the CFD and the bonds for the first year following the issuance of such bonds. (b) Use of Bond Proceeds Received bv the Water District. The Water District agrees that the Water District Capacity Facilities Proceeds will be used to pay for the construction and acquisition of Water District Capacity Facilities, and that any facility constructed or acquired, in whole or in part, using such funds, shall have a useful life of not less than five years and shall, upon completion and acceptance thereof, be owned and operated by the Water District. (c) Credit Against Water District Capacitv Fees. Following its receipt of the Water District Capacity Facilities Proceeds pursuant to paragraph 4(a) of this Agreement, the Water District agrees to apply a dollar-for-dollar credit, in the amount thereof, against Water District Capacity Fees otherwise due with respect to the Project. Such credit shall be applied in accordance with the policies and procedures of the Water District. The City and Water District understand that to the extent that the Water District Capacity Facilities Proceeds is less than the Water District Capacity Fees due with respect to the development of the Project that payment of such deficiency shall be required by the Water 5 P194 District as a condition of approval of the development of the Project at the time such Water District Capacity Fees are otherwise due. Any credit for the payment of such Water District Capacity Fees shall be applied to the first units of the Project connecting to the Water District's water system, and any deficiency shall be payable by the Owner from the last units of the Project at the time such Water District Capacity Fees are otherwise due. The City further understands and acknowledges that the Water District may, from time to time, increase the amount of the Water District Capacity Fees. Consequently, nothing in this Agreement shall be interpreted to in any way set or fix the Water District Capacity Fees that will be due in connection with any development, including the Project. Except to the extent a credit is granted pursuant to this paragraph 4( c), it is not the intent of this Agreement to relieve any person or entity of any obligation they would otherwise have with regard to Water District Capacity Fees. Furthermore, the City does not, by this Agreement, assume the obligation to pay any Water District Capacity Fees that it would not otherwise be obligated to pay. 5. The Al!:encv Capacity Facilities Amount. (a) Allocation of Bond Proceeds. Upon the issuance and sale of the bonds of the CFD, the fiscal agent agreement with respect to such bonds shall provide for the delivery by the fiscal agent for the bonds. to the Water District of an amount not to exceed the Agency Capacity Facilities Amount (the "Agency Capacity Facilities Proceeds"). (b) Retention and Transfer of Agencv Capacitv Facilities Proceeds. The Water District agrees to retain the Agency Capacity Facilities Proceeds and to transfer such proceeds to the Agency pursuant to the practices and procedures utilized by the Water District in the retention and transfer of Agency Capacity Fees. Investment of the Agency Capacity Facilities Proceeds and the disposition of eamings thereon shall be subject to the approval of the Water District and the Agency. (c) Credit Against Agencv Capacity Facilities Fees. Following its receipt of the Agency Capacity Facilities Proceeds pursuant to paragraph 5(a) of this Agreement, the Water District agrees to apply a credit, in the amount thereof, against Agency Capacity Fees otherwise due with respect to the Project. Such credit shall be applied in accordance with the policies and procedures of the Water District and the Agency. The City and the Water District understand that to the extent that the Agency Capacity Facilities Proceeds is less than the Agency Capacity Fees due with respect to the development of the Project that payment of such deficiency shall be required by the Agency and the Water District as a condition of approval of the development of the Project at the time such Agency Capacity Fees are otherwise due. Any credit for the payment of such Agency Capacity Fees shall be applied to the first units of the Project connecting to the Water District's wastewater system, and any deficiency shall be payable by the Owner of the property for which such Agency Capacity Fees are due for the last units of the Project. The City further understands and acknowledges that the Agency may, from time to time, increase the amount of the Agency Capacity Fees. Consequently, nothing in this Agreement shall be interpreted to in any way set or 6 P195 fix the Agency Capacity Fees that will be due in connection with any development, including the Project. Except to the extent a credit is granted pursuant to this pa;'agraph 5( c), it is not the intent of this Agreement to relieve any person or entity of any obligation they would otherwise have with regard to Agency Capacity Fees. Furthermore, the City does not, by this Agreement, assume the obligation to pay any Agency Capacity Fees that it would not otherwise be obligated to pay. (d) Obligations Contingent Upon Approval by Agency. The provIsIOns of this paragraph 5 shall become effective only upon the execution of this Agreement by an authorized representative of the Agency, acting for and on behalf of the Agency, acknowledging and consenting to the provisions of paragraph 5 of this Agreement. 6. Investment Earninl!s. The Water District shall assist the City in complying with the arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations which relate thereto, by keeping accurate records of the investment earnings on any and all investments which the Water District may make of the amount of the proceeds of the bonds which are delivered to the Water District pursuant to paragraphs 4(a) and 5(a) of this Agreement, and at the end of each fiscal year shall provide to the City and its consultants such records and documents as they may reasonably request to enable them to determine the nature of any such investments and the interest earnings thereon for purposes of determining whether any portion thereof must be rebated to the United States of America as rebateable arbitrage earnings. 7. Indemnification. The City, acting for and on behalf of itself and the CFD, shall defend, indemnity and hold harmless the Water District, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out of (a) the formation of the CFD, (b) the authorization of the levy of special taxes and the issuance of bonds by the CFD, (c) the administration of the CFD and the bonds issued by the CFD, (d) the levy and collection of special taxes by the CFD, (e) the issuance of bonds by the CFD and initial and continuing disclosure related to such bonds and (f) the design and construction of the Public Facilities other than the Water District Facilities. The Water District shall defend, indemnify and hold harmless the City and the CFD, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out of the operation and maintenance of the Water District Facilities from and after the date on which the Water District accepts the Water Distric~ Facilities. 8. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. 7 ~-.,... P196 9. Entire Aereemeot: Amendment. This Agreement and the agreements expressly referred to herein contain all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 10. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 92029 Attention: City Manager Water District: Cucamonga Valley Water District 10440 Ashford Street Raricho Cucamonga, CA 91729-0638 Attention: General Manager All notices will be deemed to be effective on the date of mailing. In case any party changes its address at which notice is to be received, written notice of such change of address will be given without delay to the other party. II. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 12. Successors and Assieos. Each and all provisions hereof shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 13. Governine Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, irrespective of such state's choice-of-law principles. 14. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights upon the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. 15. Sioeular and Plural: Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 8 P197 16. Counteruarts. This Agreement may be executed in one or more counterparts, each of 'which shall be deemed an original but all of which will constitute one and the same instrument. 17. Construction of Ae:reement. This Agreement has been reviewed by legal counsel for both the City and the Water District and shall be deemed for all purposes to have been jointly drafted by the City and the Water District. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. 18. No Oblie:ation to Form CFD or Construct Water District Facilities or Ae:encv Capacity Facilities. The Water District acknowledges that the decision of the City Council of the City to form the CFD or to include any particular improvement or activity among the improvements to be financed by the CFD is a legislative action and the City may not enter into an agreement to obligate the City Council to exercise its legislative discretion in a particular manner or for a particular result. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the CFD . or to construct, or cause the construction of, any Water District Facilities or any Agency Capacity Facilities. 19. Termination. This Agreement shall be null and void ifthe CFD bonds are not sold by the end of the third year following the date of this Agreement or any mutually agreed extension. 20. Entire Ae:reement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all prior amendments, understandings and negotiations regarding the same. This Agreement may not be changed, modified, amended or supplemented except by a written instrument signed by both parties to this Agreement. 21. Further Assurances. Each party to this Agreement agrees to execute, acknowledge and deliver such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the purposes and intent of this Agreement. 22. Beneficiaries. The Owner (and its successors and assigns) and Lewis Investment Company, LLC are third-party beneficiaries of this Agreement. No person or entity, other than the Owner (and its successors and assigns and Lewis Investment Company, LLC, shall be deemed to be a third-party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the Water District, the Owner (and its successors and assigns), and Lewis Investment Company, LLC, any rights, remedies, obligations or liabilities under or by reason of this Agreement. [Remainder of this page intentionally left blank.] 9 P198 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITYOFRANCHOCUCAMONGA By: Mayor ATTEST: City Clerk CUCAMONGA VALLEY WATER DISTRICT By: President of the Board of Directors ATTEST: Secretary of the Board of Directors ACKNOWLEDGMENT AND CONSENT The Inland Empire Utilities Agency (the "Agency") hereby acknowledges and consents to the provisions of paragraph 5 of this Agreement. The undersigned represents that he/she is a representative of the Agency and as such is legally authorized to execute this acknowledgement and consent for and on behalf of the Agency. iNLAND EMPIRE UTILITIES AGENCY By: Title: 10 P199 EXHIBIT "A" DESCRIPTION OF THE PROPERTY That property identified as Assessor's Parcel No. 1100-161-04 on the maps of the Office of the Assessor of the County of San Bernardino. o A-I P200 EXHIBIT "B" DESCRIPTION OF FACILITIES WATER DISTRICT FACILITIES Owner Constructed Water District Facilities. . Those water and sewer facilities authorized to be financed from the proceeds of the Water District Capacity Fees. Water District Capacity Facilities. . Those water and sewer facilities authorized to be financed from the proceeds of the Water District Capacity Fees. B-1 P201 EXHIBIT B DESCRIPTION OF FACILITIES (AMADOR ON ROUTE 66) Owner Constructed Water Facilities Sewer Improvements Estimated Cost 8" V.C.P. sewer 48" manhole Adjust sewer manhole to grade Backflow preventers Break into exist manhole Total Sewer Improvements $28,125 4,500 800 600 2,000 $36,025 Water Improvements Estimated Cost 8" C.M.L.&W. watermain & fittings 8" gate valve 8" fittings Fire hydrants 16" C.M.L. & watermain & fittings 16" gate valve 2" landscape meter service Blow-ofT assembly 8" tire meter assembly & vault 8" above ground reduced pressure backflow preventer Total Water Improvements $10,520 2,800 1,300 10,000 73,440 24,000 1,800 4,000 20,000 30,000 $127,860 Water District Capacity Facilities Water Capacity Fee Water Meter & Box Charge Sewer Connection Fee TOTAL $283,536 32,670 122,661 $483,867 P202 RESOLUTION NO. Dfo- 3d'7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE DISTRICT TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously declared its intention to form a community facilities district for the purpose of financing the acquisition or construction of certain public facilities and ordered the preparation of a Community Facilities District Report pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This community facilities district shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO, 2006-02 (AMADOR ON ROUTE 66) (the "District")' and , , WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain public facilities and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and, WHEREAS, the City Council has previously declared its intention to authorize the levy special taxes within the District pursuant to the rate and method of apportionment that was attached to and incorporated into such resolution (the "RMA"); and . WHEREAS, the RMA as set forth in Exhibit B attached hereto and incorporated herein by this reference has been presented to this City Council for its consideration; and WHEREAS, all communications relating to the establishment of the District, the financing of certain public facilities and the proposed rate and method of apportionment of special tax has been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within the District; and, WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners thereof, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: 1 P203 SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and as applied to the District and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed subject to the RMA conforms with the City of Rancho Cucamonga Statement (the "Goals and Policies"). D. Less than twelve (12) registered voters have resided within the territory ofthe District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each such 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 District. E. 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 District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. The City Clerk, 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 forming and establishing the District. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by David Taussig & Associates, Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. 2 P204 SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66)." SECTION 5. BOUNDARIES OF DISTRICT. The boundaries of the District are hereby generally described as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 6. DESCRIPTION OF THE PUBLIC FACILITIES AUTHORIZED TO BE FINANCED. A general description of the public facilities which are proposed to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The public facilities as above-described are facilities which the City Council is authorized by law to contribute revenue to or to construct, own, or operate. It is hereby further determined that the proposed facilities are necessary to meet increased demands placed upon the City as a result of development occurring within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities attributable to this District. For a full and complete description of such types of facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above described types of facilities, the financing ofthose incidental expenses described in the Report are also approved and authorized. SECTION 7. SPECIAL TAX. Except where funds are otherwise available, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries thereof. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit "B" (as previously defined, the "RMA"), which sets forth in sufficient detail the method of apportionment of the special tax to allow each landowner or resident within the District to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described public facilities, to pay debt service on bonds issued by the District to assist in financing such public facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem 3 P205 taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formula. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within the District, a continuing lien to secure each levy of the special tax shall attach to all non- exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with the law or until collection of the tax by the legislative body ceases. SECTION 8. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above: A. The special tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of the special tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. The District shall establish a separate account into which the proceeds ofthe special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 9. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: 4 P206 GIS/Special Districts Supervisor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2575 SECTION 10. SUBSTITUTION FACILITIES. The description of the public facilities, as set forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described facilities and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 11. ELECTION. This City Council herewith submits the levy of the special tax within the District to the qualified electors thereof, such electors being the landowners in the District, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within the District. 5 PASSED, APPROVED, AND ADOPTED this AYES: NOES: ABSENT: day of P207 ,2006. ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk 6 P20B EXHIBIT A Description Of Public Facilities The public facilities proposed to be financed by the District are generally described as follows: 1. Facilities authorized to be financed from the proceeds of the following City of Rancho Cucarnonga fees: (a) Transportation fee; (b) Beautification fee; (c) Parks and Recreation Facility fee; (d) Drainage fee. 2. Facilities authorized to be financed from the proceeds of the following Cucarnonga Valley Water District fees: (a) Water capacity fee; (b) Water meter & box charge; ( c) Sewer capacity fee; and (d) Sewer connection fee. 3. Facilities authorized to be financed from the proceeds oflnland Empire Utility Agency fees. 4. Street improvements. 5. Landscaping improvements located within public rights-of-way. 6. Drainage improvements. 7. Water improvements. 8. Sewer improvements. A-I P209 EXHIBIT B Rate and Method of Apportionment of Special Tax P210 RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) A Special Tax hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66) ("CFD No. 2006-02") and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined through the application of this Rate and Method of Apportionment as described below. All ofthe real property in CFD No. 2006-02, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on or determined from the applicable Assessor's Parcel Map. Notwithstanding the foregoing, the Acreage attributable to a Condominium shall be computed by the CFD Administrator by dividing the total Acreage for the Final Subdivision in which the Condominium is located, less the Acreage for any PropertY Owner Association Property and/or Public Property, by the total number of Condominiums to be constructed within such Final Subdivision as determined from the applicable Condominium Plan. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State ofCalifomia. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006-02: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2006-02 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-02 or any designee thereof of complying with disclosure requirements applicable to CFD No. 2006-02 and/or the City associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006-02 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2006-02 for any other administrative purposes ofCFD No. 2006-02, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 1 P211 "Assessor's Parcel" means a lot or parcel, including but not limited to Condominiums, to which an Assessor's parcel number is assigned as determined from an Assessor's Parcel Map or the applicable assessment roll. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Authorized Facilities" means those improvements eligible to be financed by CFD No. 2006-02 under the Act and authorized to be financed pursuant to the Resolution of Formation. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2006-02" means City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66). "CFD No. 2006-02 Bonds" means any bonds or other debt (as defined in Section 53317(d) ofthe Act), whether in one or more series, issued by or on behalf ofCFD No. 2006"02 under the Act. "City" means the City of Rancho Cucamonga. "Condominium" means a unit meeting the statutory definition of a condominium contained in the California Civil Code, Section 1351, and for which a condominium plan has been recorded pursuant to California Civil Code, Section 1352. "Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 1352. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body ofCFD No. 2006-02. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which a building permit for new construction was issued after January 1, 2006 and on or before March 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied, provided that a Final Subdivision for such Assessor's Parcel was recorded on or before January I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. "Final Subdivision" means a subdivision of property by recordation of a (i) final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 2 P212 Government Code Section 64410 et seq.) that creates individual lots for which building permits may be issued, or (ii) lot line adjustment approved by the City. "Fiscal Agent" means the trustee or fiscal agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the fiscal agent agreement, bond indenture, resolution or other instrument pursuant to which CFD No. 2006-02 Bonds are issued, as modified, amended and/or supplemented from time to time. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table I below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more non-residential facilities, and which is not otherwise Residential Property. "Outstanding Bonds" means all CFD No. 2006-02 Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. "Property Owner Association Property" means, for each Fiscal Year, (i) any property within the boundaries ofCFD No. 2006-02 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year, (ii) any property located in a Final Subdivision that was recorded as of the January I preceding the Fiscal Year in which the Special Tax is being levied and which, as determined from such Final Subdivision, is or will be open space, a common area recreation facility, or a private street, or (iii) any property which, as of the January I preceding the Fiscal Year for which the Special Tax is being levied, has been conveyed, irrevocably dedicated, or irrevocably offered to a property owner's association, including any master or sub-association, provided such conveyance, dedication, or offer is submitted to the CFD Administrator by January I preceding the Fiscal Year for which the Special Tax is being levied. Notwithstanding the preceding, Property Owner Association Property shall not include any property on which Condominiums are or will be located. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor'sParcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" shall be similarly applied to other categories of Taxable Property as listed in Section E below. "Public Property" means property within the boundaries ofCFD No. 2006-02 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of- City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 3 P213 way has been granted to, the federal government, the State of California, the County of San Bernardino, the City of Rancho Cucamonga, or any local government or other public agency, provided that any property owned by a public agency and leased by such public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. Such determination shall be final following the issuance of a certificate of occupancy for the residential dwelling unit located on such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more residential dwelling units. "Resolution of Formation" means the resolution of formation adopted pursuant to Government Code Section 53325.1 for CFD No. 2006-02. "Special Tax" means the sp,ecial tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property within CFD No. 2006-02 to fund the Special Tax Requirement. "Special Tax Buydown" means a mandatory bond principal buydown payment made by a property owner to reduce the amount of Outstanding Bonds to compensate for a loss of Special Tax revenues resulting from the construction of fewer residential dwelling units, smaller residential dwelling units, or a modified amount of non-residential Acreage, as determined in accordance with Section 0 below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2006-02 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the CFD No. 2006-02 Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006-02 Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax levy on Undeveloped Property; (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No. 2006-02 which are not exempt from the Special Tax pursuant to law or Section F below. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 4 P214 "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt from the levy ofthe Special Tax pursuant to the provisions of Section F below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property . B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006-02 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and E below. Residential Property shall be assigned to Land Use Classes I through 4, as listed in Table I below, and Non-Residential Property shall be assigned to Land Use Class 5. The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the residential dwelling unit(s) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non- Residential Property shall be based on the Acreage of such Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. C. MAXIMUM SPECIAL TAX 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 5 P215 TABLEl Maximum Special Tax for Developed Property in Community Facilities District No. 2006-02 ,., ,"l<. ".-,.-'"' ' ,'.:.',' .., " Land.Use': ' I: ',,;'c, ' . ' , ResidentiaIFloor Maximpm " " "., C".' , 1''<' '" "', Class,: Description ',. Area :SpeclliITal[- -. ,. I Residential Property More than 1,850 SF $2,816 per unit 2 Residential Property 1,601 - 1,850 SF $2,697 per unit 3 Residential Property 1,351-1,600 SF $2,469 per unit 4 Residential Property Less than 1,351 SF $2,241 per unit 5 Non-Residential Property NA $64,747 per Acre (b) Multiole Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one LandU se Class. The Maximum Special Tax levied on silch an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a) Maximum Soecial Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $71,889 per Acre. D. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the issuance of the first series ofCFD No. 2006-02 Bonds. Prior to the issuance of the first series ofCFD No. 2006-02 Bonds, the terms ofthe Special Tax Buydown shall not apply. The following additional definitions apply to this Section D: City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 6 P216 "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section D. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section D. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section D, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. 1. Request for Letter of Compliance After the issuance ofthe first series ofCFD No. 2006-02 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Parcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each prospective building permit. 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes I through 5 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-02 shall not be less than 99 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 7 P217 property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non- residential Acreage within any such Land Use Class to exceed the number ofresidential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-02 to below 99 residential dwelling units or an increase in the amount of non-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance ofthe first series ofCFD No. 2006-02 Bonds. TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-02 .' ',,' -- -;- '; :",;;i':;;;f>:.i'." :',~ .", ~ .,;' . '" .;.:~ .j~.f 2." ':." Lan~ Use' " . . NumIJe'rof;, ;, i-~ Class -'-', . .. I ,~':,' 0"""-:'.'-"" I' """""''''''''':~.,~ ".."".' Description: ,'., ' , Resid.entilil Floor Area'. I';:;Uitits/Acres ; .. ' .,', . I Residential Property More than 1,850 SF 33 units 2 Residential Property 1,601 - 1,850 SF 33 units 3 Residential Property 1,351 - 1,600 SF o units 4 Residential Property Less than 1,351 SF 33 units 5 Non-Residential Property NA 0.00 Acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-02 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-02, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that results from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 8 P218 Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum ofthe Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006-02, plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other payments included in the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits current! y being requested. If the total sum computed pursuant.to step 1 is less than the amount computed pursuant to step 2, then continue to step 4.. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section I, with the following exceptions: (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4.ofthe prepayment formula described in Section I shall equal the product ofthe quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days of the billing date. 1fthe Special Tax Buydown is not paid within 45 days ofthe billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property, and such subject property shall no longer be subject to the terms ofthe Special Tax Buydown. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 9 P219 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second:. If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property; Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-02 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-02. F. EXEMPTIONS No Special Tax shall be levied on up to 6.0 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 10 chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property, its tax-exempt status will be revoked. . Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. G. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-02. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make deteiminations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-02 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. I. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section I: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-02 may only be prepaid after all authorized CFD No. 2006-02 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, City of Rancho Cucamonga (Amador on Route 66) CFD No. 1006-01 August 3, 1006 Page 11 P220 P221 provided that a prepayment may be made with respect to a particular Assessor's Parcel only ifthere are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-02 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Special Tax Prepayment Amount Asofthe proposed date ofptepayment, the Special Tax Prepayment Amount shall be calculated as follows: Paragraph No.: I. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-02 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2006-02 (as reasonably determined by the CFD Administrator), excluding any Assessor's Parcels which have ,been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). City of Rancho Cucamonga (Amador on Route 66) CFD No. 1006-01 August 3, 1006 Page 11 P222 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the fust bond interest and/or principal payment date not covered by the current Fiscal Year Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'~. 10. The administrative fees and expenses ofCFD No. 2006-02 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-02 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). II. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Fiscal Agent Agreement) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Fiscal Agent Agreement). 12. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to paragraphs II and 12 (the "Special Tax Prepayment Amount"). City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 13 P223 From the Special Tax Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10, 11 and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment ofCFDNo. 2006-02 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-02 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2006-02 (after excluding 6.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-02 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:\CLIENTS2\RanchoCucamonga\Amador Route 66\RMA \Amador RMA for ROI.doc City of Rancho Cucamonga (Amador on Route 66) CFD No. 1006-01 August 3, 1006 Page 14 L:a~&~~~\: 1 2 3 4 5 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2006-2007 ,,,:~". ." . . ':"',;,-'":"';'~Y::';";;;',,~:~~-l'~"-:.;r:::.'-" "_,p" , Resi&~ti~!:Floor'; -.r~i ~ :,~~~i~r.;~~,':;~'~::~:~~:.: .': /~~ '>J:::r, ~ii.- : '., P~'~~i~tl~~:',' Residential Property More than 1,850 SF Residential Property Residential Property 1,601 - 1,850 SF 1,351 - 1,600 SF Residential Property Less than 1,351 SF Non-Residential Property NA P224 .' "'~,, MaXimum',' ,.~~ebiiii'iai .',S $2,816 per unit $2,697 per unit $2,469 per unit $2,241 per unit $64,747 per Acre P225 RESOLUTION NO. ()~ -- 3~8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66), SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the City Council (the "City Council") of the City of Rancho Cucamonga (the "City") has received a petition from the owners and developer of certain property in the City (the "Owner") requesting that the City Council conduct proceedings pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello- Roos Community Facilities Act of 1982," for the establishment of a community facilities district and the issuance and sale of bonds for the financing of certain public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within said proposed community facilities district and that the proposed community facilities district be authorized to issue bonds and incur a bonded indebtedness for such purposes in the aggregate principal amount of $5,800,000; and WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council has adopted a resolution declaring its intention to establish proposed Community Facilities District No. 2006-02 (Amador on Route 66) (the "District") for the purpose of financing the design, construction and acquisition of such public facilities for the property to be included therein; and WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur a bonded indebtedness for the District, to declare the purposes for such debt, and to authorize the submittal to the qualified electors of the District, being the landowners of the District, of a proposition to authorize the District to incur such indebtedness all as authorized and required by the Act; WHEREAS, the City Council further desires to authorize the submittal of additional propositions to such qualified electors of the District to (a) authorize the levy of special taxes within the District, and (b) to establish an appropriation limit for the District; 1 P226 WHEREAS, all of the qualified electors of the District have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal analysis and arguments have also been waived by the unanimous consent of the qualified electors of the District; and WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. NECESSITY TO INCUR BONDED INDEBTEDNESS. The City Council hereby expressly declares and states that it is necessary to incur a bonded indebtedness of the District as authorized under the terms and provisions of the Act, in order to finance the public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities") which are necessary to meet increased demands placed upon the City as a result of development which will occur within the District. SECTION 3. BOND INDEBTEDNESS. The specific purposes for the proposed bonded indebtedness are as follows: To finance the costs of the acquisition or construction of the Facilities, appurtenances and appurtenant work and any and all of those applicable incidental costs described in and authorized by Government Code Section 53345.3. SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the property within the entire District will pay for the bonded indebtedness referred to in Section 3 above. A general description of the District is as follows: All property within the boundaries of Community Facilities District No. 2006-02 (Amador on Route 66), as shown on a map of the boundaries of such District as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the Facilities, together with all incidental expenses, shall not exceed $3,100,000. SECTION 6. BOND TERM. This City Council hereby further determines that the maximum term of bonds and/or any series Shall not exceed forty (40) years, and such 2 P227 bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax within the District, and are not secured by any other taxing power or funds of the District or the City. SECTION 7. ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, this City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District: A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth in the Section 3. B. The proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes identified in Section 3. C. . The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with this City Council as required by Government Code Section 53411. SECTION 8. ELECTION. The proposition related to the incurring of the bonded indebtedness shall be submitted to the appropriate qualified voters, together with ballot propositions to authorize the levy of special taxes within the District and to establish an appropriations limit for the District, at a special election to be held on September 20, 2006, and such election shall be a special election to be conducted by the City Clerk (the "Election Official"). If the proposition for the levy of the special tax and the proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may be authorized, issued and sold for the applicable purposes set forth herein and the applicable special tax may be levied as provided in "Resolution of the City Council of the City of Rancho Cucamonga Forming and Establishing Community Facilities District No. 2006-02 (Amador on Route 66) and Authorizing the Submittal of Levy of Special Taxes to the Qualified Electors Thereof." If the proposition to establish the appropriations limit for the District receives the approval of a majority of the votes cast on such proposition, such appropriations limit shall be established. SECTION 9. BALLOTS. The ballot proposals to be submitted to the qualified voters of the District at the election shall generally be as follows: 3 P228 PROPOSITION A Shall the City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66), subject to accountability measures set forth in California government Code section 50075.1, levy a special tax throughout such district pursuant to the rate and method of apportionment thereof set forth in Exhibit A to this ballot for the purposes of paying debt service on bonds of such district, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for the public facilities described in Exhibit B to this ballot? PROPOSITION B Shall the City of Rancho Cucamonga Community Facilities District No. 2006-02 ( Amador on Route 66), subject to accountability measures set forth in California Government Code section 53410 and following, incur a bonded indebtedness of such district in an amount not to exceed $3,100,000 for the public facilities described in Exhibit B to this ballot? PROPOSITION C Shall the City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66) establish an Article XIIIB appropriations limit equal to $3,100,000? SECTION 10. VOTE. The appropriate mark placed on the line in front of the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line in front of the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 11. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: 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. 4 P229 C. Furnish and address official ballots for the qualified electors. D. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. 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 result of services performed by 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. PASSED, APPROVED, AND ADOPTED this 2006. day of AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 5 P230 EXHIBIT A DESCRIPTION OF PUBLIC FACILITIES The public facilities proposed to be financed by the District are generally described as follows: I. Facilities authorized to be financed from the proceeds of the following City of Rancho Cucamonga fees: (a) Transportation fee; (b) Beautification fee; ( c) Parks and Recreation Facility fee; (d) Drainage fee. 2. Facilities authorized to be financed from the proceeds of the following Cucamonga Valley Water District fees: (a) Water capacity fee; (b) Water meter & box charge; (c) Sewer capacity fee; and (d) Sewer connection fee. 3. Facilities authorized to be financed from the proceeds of Inland Empire Utility Agency fees. 4. Street improvements. 5. Landscaping improvements located within public rights-of-way. 6. Drainage improvements. 7. Water improvements. 8. Sewer improvements. A-I P231 RESOLUTION NO. D? ~ L~ 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to create and did establish a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Comrnunity Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the District separate propositions relating to the levy of special taxes within the District, the issuance of bonds to be secured by the levy of special taxes within the District and the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's of the votes cast by the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION OF ELECTION RESULTS. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. MINUTES OF RESULTS. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. 1 P232 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA ) ) ss. ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) SPECIAL ELECTION in said City, held ,2006. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES NO 2. VOTES CAST ON PROPOSITION B: YES NO 3. VOTES CAST ON PROPOSITION C: YES NO WITNESS my hand this day of ,2006. CITY CLERK ELECTION OFFICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA 2 P233 ORDINANCE NO. 7 70 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA. CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district. all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982". being Chapter 2.5. Part 1. Division 2. Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) (the "District"). The City Council of the City of Rancho Cucamonga. California, acting as the legislative body of Community Facilities District No. 2006-02 (Amador on Route 66), does hereby ordain as follows: SECTION 1. This City Council does. by the passage of this ordinance. authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Rate and Method"). SECTION 2. This City Council. acting as the legislative body of the District. is hereby further authorized. by Resolution. to annualiy determine the special tax to be levied within the District for the then current tax year or future tax years; provided. however. the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. SECTION 3. The special taxes herein authorized to be levied. to the extent possible. shall be collected in the same manner as ad valorem property 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; provided. however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may. by resolution. elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid. permanently satisfied and canceled in 1 P234 accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on , 2006; Enacted at a regular meeting of the City Council of the City of Rancho Cucamonga, California, held on the day of , 2006, by the following vote: AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 P235 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02, (AMADOR ON ROUTE 66) P236 RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) A Special Tax hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66) ("CFD No. 2006-02") and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined through the application ofthis Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006-02, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on or determined from the applicable Assessor's Parcel Map. Notwithstanding the foregoing, the Acreage attributable to a Condominium shall be computed by the CFD Administrator by dividing the total Acreage for the Final Subdivision in which the Condominium is located, less the Acreage for any Property Owner Association Property and/or Public Property, by the total number of Condominiums to be constructed within such Final Subdivision as determined from the applicable Condominium Plan. "Act" means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part I, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006-02: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2006-02 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-02 or any designee thereof of complying with disclosure requirements applicable to CFD No. 2006-02 and/or the City associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006-02 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2006-02 for any other administrative purposes ofCFD No. 2006-02, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 1 P237 "Assessor's Parcel" means a lot or parcel, including but not limited to Condominiums, to which an Assessor's parcel number is assigned as determined from an Assessor's Parcel Map or the applicable assessment roll. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Authorized Facilities" means those improvements eligible to be financed by CFD No. 2006-02 under the Act and authorized to be financed pursuant to the Resolution of Formation. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection ofthe Special Taxes. "CFD No. 2006-02" means City of Rancho Cucamonga Community Facilities District No. 2006-02 (Amador on Route 66). "CFD No. 2006-02 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by or on behalf ofCFD No. 2006-02 under the Act. "City" means the City of Rancho Cucamonga. "Condominium" means a unit meeting the statutory definition of a condominium contained in the California Civil Code, Section 1351, and for which a condominium plan has been recorded pursuant to California Civil Code, Section 1352. "Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 1352. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body ofCFD No. 2006-02. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which a building permit for new construction was issued after January I, 2006 and on or before March I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied, provided that a Final Subdivision for such Assessor's Parcel was recorded on or before January I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. "Final Subdivision" means a subdivision of property by recordation ofa (i) final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 2 P238 Government Code Section 64410 et seq.) that creates individual lots for which building permits may be issued, or (ii) lot line adjustment approved by the City. "Fiscal Agent" means the trustee or fiscal agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the fiscal agent agreement, bond indenture, resolution or other instrument pursuant to which CFD No. 2006-02 Bonds are issued, as modified, amended and/or supplemented from time to time. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more non-residential facilities, and which is not otherwise Residential Property. "Outstanding Bonds" means all CFD No. 2006-02 Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. "Property Owner Association Property" means, for each Fiscal Year, (i) any property within the boundaries ofCFD No. 2006-02 that was owned by a property owner association, including any master or sub-association, as of January 1 ofthe prior Fiscal Year, (ii) any property located in a Final Subdivision that was recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and which, as determined from such Final Subdivision, is or will be open space, a common area recreation facility, or a private street, or (iii) any property which, as of the January 1 preceding the Fiscal Year for which the Special Tax is being levied, has been conveyed, irrevocably dedicated, or irrevocably offered to a property owner's association, including any master or sub-association, provided such conveyance, dedication, or offer is submitted to the CFD Administrator by January 1 preceding the Fiscal Year for which the Special Tax is being levied. Notwithstanding the preceding, Property Owner Association Property shall not include any property on which Condominiums are or will be located. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio ofthe actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" shall be similarly applied to other categories of Taxable Property as listed in Section E below. "Public Property" means property within the boundaries of CFD No. 2006-02 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of- City of Rancho Cucamonga (Amador on Route 66) CFD No. 1006-01 August 3, 1006 Page 3 P239 way has been granted to, the federal government, the State of California, the County of San Bernardino, the City of Rancho Cucamonga, or any local government or other public agency, provided that any property owned by a public agency and leased by such public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. Such determination shall be final following the issuance of a certificate of occupancy for the residential dwelling unit located on such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued by the City for the purpose of constructing one or more residential dwelling units. "Resolution of Formation" means the resolution of formation adopted pursuant to Government Code Section 53325.1 for CFD No. 2006-02. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property within CFD No. 2006-02 to fund the Special Tax Requirement. "Special Tax Buydown" means a mandatory bond principal buydown payment made by a property owner to reduce the amount of Outstanding Bonds to compensate for a loss of Special Tax revenues resulting from the construction of fewer residential dwelling units, smaller residential dwelling units, or a modified amount of non-residential Acreage, as determined in accordance with Section D below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2006-02 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the CFD No. 2006-02 Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006-02 Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the SpeCial Tax levy on Undeveloped Property; (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. "State" means the State of California. "Taxable Property" means all ofthe Assessor's Parcels within the boundaries ofCFD No. 2006-02 which are not exempt from the Special Tax pursuant to law or Section F below. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 4 P240 "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt from the levy of the Special Tax pursuant to the provisions of Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006-02 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and E below. Residential Property shall be assigned to Land Use Classes 1 through 4, as listed in Table I below, and Non-Residential Property shall be assigned to Land Use Class 5. The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the residential dwelling unit(s) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. C. MAXIMUM SPECIAL TAX 1. Developed Property (a) Maximum Soecial Tax The Maximum Special Tax for each Assessor's Developed Property is shown below in Table 1. Parcel classified as City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 5 P241 TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-02 Land Use Residential Floor Maximum Class Description Area Special Tax 1 Residential Property More than 1,850 SF $2,816 per unit 2 Residential Property 1,601-1,850 SF $2,697 per unit 3 Residential Property 1,351- 1,600 SF $2,469 per unit 4 Residential Property Less than 1,351 SF $2,241 per unit 5 Non-Residential Property NA $64,747 per Acre (b) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on such an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a) Maximum Special Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $71,889 per Acre. D. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the issuance ofthe first series ofCFD No. 2006-02 Bonds. Prior to the issuance of the first series ofCFD No. 2006-02 Bonds, the terms of the Special Tax Buydown shall not apply. The following additional definitions apply to this Section D: City of Rallcho Cucamollga (Amador 011 Route 66) CFD No. 2006-02 August 3, 2006 Page 6 P242 "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section D. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal ofa request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section D. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section D, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. 1. Request for Letter of Compliance After the issuance ofthe first series ofCFD No. 2006-02 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Parcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each prospective building permit. 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes I through 5 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-02 shall not be less than 99 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 7 P243 property, and such subject property shall no longer be subject to the terms ofthe Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non- residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-02 to below 99 residential dwelling units or an increase in the amount of non-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, 'as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance ofthe first series ofCFD No. 2006-02 Bonds. TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-02 Land Use Number of Class Description Residential Floor Area Units! Acres 1 Residential Property More than 1,850 SF 33 units 2 Residential Property 1,601- 1,850 SF 33 units 3 Residential Property 1,351-1,600 SF o units 4 Residential Property Less than 1,351 SF 33 units 5 Non-Residential Property NA 0.00 Acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-02 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-02, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that results from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. . The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for City of Rancho Cucamonga (Amador 0/1 Route 66) CFD No. 2006-02 August 3, 2006 Page 8 P244 Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step I. Compute the sum ofthe Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006-02, plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other payments included in the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits currently being requested. Ifthe total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section I, with the following exceptions: (i) skip Paragraphs I, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments ofthe Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt ofthe Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. City of Rancho Cucamonga (Amador on Route 66) CFD No. 1006-01 August 3, 1006 Page 9 P245 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the .. . first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property; Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-02 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-02. F. EXEMPTIONS No Special Tax shall be levied on up to 6.0 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 10 P246 chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property, its tax-exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third step in Section E above, at up to 100% ofthe applicable Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. G. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006-02. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration ofthe Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-02 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. I. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section I: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-02 may only be prepaid after all authorized CFD No. 2006-02 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, City of Ranclro Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 11 provided that a prepayment may be made with respect to a particular Assessor's Parcel only ifthere are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shaH provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shaH notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-02 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Special Tax Prepayment Amount (defined below) shaH be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Special Tax Prepayment Amount As of the proposed date ofptepayment, the Special Tax Prepayment Amount shaH be calculated as foHows: Paragraph No.: I. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-02 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on aH expected development in CFD No. 2006-02 (as reasonably determined by the CFD Administrator), excluding any Assessor's Parcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount'} 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 12 P247 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date not covered by the current Fiscal Year Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment ofthe Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'1. 10. The administrative fees and expenses ofCFD No. 2006-02 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006-02 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). II. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Fiscal Agent Agreement) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Fiscal Agent Agreement). 12. Ifany capitalized interest for the Previously Issued Bonds will not have been expended as ofthe date immediately following the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to paragraphs II and 12 (the "Special Tax Prepayment Amount"). City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 13 P248 P249 From the Special Tax Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10, 11 and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment ofthe Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment ofCFDNo. 2006-02 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-02 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release ofthe Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2006-02 (after excluding 6.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year ifthe CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-02 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:\CLlENTS2\RanchoCucamonga\Amador Route 66\RMA\Amador RMA for ROT.doc City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 14 P250 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2006-2007 Land Use Residential Floor Maximum Class Description Area Special Tax I Residential Property More than 1,850 SF $2,816 per unit 2 Residential Property 1,601 - 1,850 SF $2,697 per unit 3 Residential Property 1,351-1,600 SF $2,469 per unit 4 Residential Property Less than 1,351 SF $2,241 per unit 5 Non-Residential Property NA $64,747 per Acre P251 RESOLUTION NO. O~ ~ ~30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT IN COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings relating to formation of a community facilities district and the authorization to levy special taxes and to issue of bonds of such community facilities district to finance the acquisition or construction of certain public improvements, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). Such community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) (the "District"); and, WHEREAS, Lewis Investment Company, LLC (the "Developer") is the master developer of the property within the District and sold the property within the District to William Lyon Homes (the "Owner") pursuant to a purchase and sale agreement (the "Purchase Agreement"); and WHEREAS, under the terms and conditions of the Purchase Agreement the Developer is to construct certain public improvements; and WHEREAS, the District is proposed to be formed for, among other purposes, the purpose of financing the acquisition of certain public improvements from the Developer; and, WHEREAS, the City, the Developer, and the Owner have negotiated the terms and conditions pursuant to which such public improvements are to be constructed or acquired and bonds are to be issued to finance the acquisition or construction of such public improvements and such terms and conditions have been memorialized in an Acquisition/Financing Agreement by and among the City, the Developer, and the Owner (the "Acquisition/Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. RECITALS. The above recitals are all true and correct.. SECTION 2. APPROVAL OF FORM OF ACQUISTION/FINANCING AGREEMENT. The form of Acquisition/Financing Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other 1 P252 official of the City as may be designated by the City Manager (an "Authorized Officer"), acting for and on behalf of the District, is hereby authorized and directed to execute and deliver Acquisition/Financing Agreement subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the District's bond counsel. PASSED, APPROVED, AND ADOPTED this day of ,2006. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 P253 ACQUISITION/FINANCING AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2006, by and between the CITY OF RANCHO CUCAMONGA, a charter city duly organized and validly existing under the Constitution and laws of the State of California, (the "City") acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66), Lewis Investment Company, LLC, a California Limited Liability Company (the "Developer"), and William Lyon Homes, Inc., a California corporation (the "Owner"). A. Pursuant to the petition of the Owner, the City has formed a community facilities district under the terms and conditions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following) (the "Act"), for the purpose of financing the acquisition or construction of certain public improvements, together with appurtenances and appurtenant work within the jurisdictional limits of such the City, such community facilities district known and designated as COMMUNITY F AClLITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) (the "Community Facilities District"). B. The Developer is the master developer of the project located in the City known as "Amador on Route 66" (the "Development"). The Developer sold the Qevelopment to the Owner pursuant to a purchase and sale agreement (the "Purchase Agreement"). Under the terms of the Purchase Agreement, the Developer is to construct certain improvements which are to be financed by the proceeds of bonds issued by the Community Facilities District, and the Owner shall have no responsibility for the construction of such improvements. C. The Owner, in order to proceed in a timely way with development of the Development and in accordance with the conditions of approval ofthe entitlements authorizing such development, is responsible for mitigating the impact that the Development will have on the community and certain public improvements by (a) financing its proportionate share of the cost of construction of certain public improvements (collectively, the "Fee Related Improvements") to be owned by the City, the Cucamonga Valley Water District ("Water District") or the Inland Empire Utility Agency ("Utility Agency") by the payment of certain development impact fees to the applicable public agency and (b) constructing certain other public improvements that are to be owned, operated and maintained by the City (the "Developer Constructed City Improvements") or Water District (the "Developer Constructed Water District Improvements" and together with the "Developer Constructed City Improvements, the "Developer Constructed Improvements"), which, together with the Fee Related Improvements, are set forth and described in Exhibit "A" (each, an "Improvement") attached hereto and incorporated herein by this reference. The Developer has requested that the cost of the Developer Constructed Improvements and payment of its proportionate share of the cost of construction of the Fee Related Improvements for the City, the Water District and the Utility Agency (collectively, the "Fee Obligation") be financed, in whole or in part, through the Community Facilities District. D. An estimate of the cost of the Improvements is also set forth in Exhibit "A" hereto. E. It is the intent of this Agreement that the Developer shall, upon the formation of the Community Facilities District, the sale of bonds by or for the Community Facilities District and the 1 P254 completion of the construction of the Developer Constructed Improvements pursuant to this Agreement, be entitled pursuant to the provisions of this Agreement to be paid for such Developer Constructed Improvements at the prices as determined by the City pursuant to this Agreement. F. The Developer acknowledges that the Community Facilities District may only finance the Improvements to be owned by the Water District and the Utility Agency only if the City and each respective agency enter into joint community facilities agreements as required pursuant to the Act (each, a "JCFA"). G. The City is willing to finance the acquISItIon of the Developer Constructed Improvements from the Developer and the payment ofthe Fee Obligation subject to the requirements of the Act, the City of Rancho Cucamonga Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts adopted by the City Council (the "Goals and Policies") and this Agreement and, where applicable, the JCF A's, and the Developer desires that the City acquire such Improvements. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Plans and Specifications for the Developer Constructed City Improvements. All plans, specifications and bid documents for the Developer Constructed City Improvements (the "Plans and Specifications") shall be prepared by the Developer at the Developer's initial expense, subject to City approval. The costs of acquisition of such Improvements shall include costs of the preparation of the Plans and Specifications and all related documentation as set forth in Section 8 below. Except as provided below, the Developer shall not award bids for construction, commence construction or cause commencement of construction of a Developer Constructed City Improvement until the Plans and Specifications for such Improvement have been approved by the City. SECTION 3. Construction of Developer Constructed City Improvements. The Developer covenants and agrees that each Developer Constructed City Improvement to be acquired from the Developer pursuant to this Agreement shall be constructed: A. in substantial compliance with the approved Plans and Specifications for such Improvement; B. in a good and workmanlike manner by well-trained adequately supervised workers; C. in strict compliance with all governmental and quasi-govemmental rules, regulations, laws, building codes and all requirements of the Developer's insurers and lenders; D. free of any material design flaws and defects; and E. in compliance with the requirements ofthis Section 3. 2 P255 The Developer shall solicit or has solicited at least three (3) bids for the construction of such Improvements and shall award or has awarded the bid for the construction of such Improvements to the lowest responsible bidder. Nothing in the preceding sentence shall prohibit the Developer from including more than one such Improvement in a single solicitation for bids. In the case where the Developer does include more than one such Improvement in a single solicitation for bids, the Developer shall award the bid for the construction of such Improvements to the bidder submitting the lowest aggregate bid for the construction of all such Improvements. The description ofthe Developer Constructed City Improvements in Exhibit A is preliminary and general in nature. The final nature and location of such Improvements will be determined upon the preparation of final Plans and Specifications. The description of such Improvements and their budgeted cost may be modified or Developer Constructed City Improvements substituted as long as the modified or substituted Developer Constructed City Improvements provide a service substantially similar to the Developer Constructed City Improvements currently described in Exhibit A. Any such modification or substitution shall be set forth in a supplement to Exhibit A approved by the City Manager of the City, or his or her designee (the "City Manager") . SECTION 4. Inspection and Acceptance of the Developer Constructed City Improvements. The construction activities relating to the Developer Constructed City Improvements shall be subject at all reasonable times to inspection by authorized representatives of the City. Once the construction of an entire Developer Constructed City Improvement to be acquired by the City is substantially completed in accordance with the approved Plans and Specifications (including any change orders reasonably approved by the City), then such Improvement shall be eligible for acceptance by the City for purposes of paying the Base Increment of the Purchase Price (each term as defined in Section 8 below) for such Improvement. Prior to acceptance of any Developer Constructed City Improvement by the City for purposes of paying the Retained Increment (as defined in Section 8 below) of the Purchase Price, the Developer shall provide to the City Engineer ofthe City, or his or her designee (the "City Engineer''), the documentation set forth in Section 8(c)(2) below and obtain approval of as-built drawings in accordance with the process described below in this Section 4. The Developer's engineer of record for the Developer Constructed City Improvement ("Engineer of Record") shall file a request with the City Engineer for a punchlist of any items which must be completed prior to payment ofthe Retained Increment. Within 20 working days of such filing, the field inspector ofthe City ("Field Inspector") shall issue and transmit to the ~ngineer of Record a letter requesting as-built drawings for such Improvement and a punchlist of any items which must be completed prior to payment of the Retained Increment. Within 20 working days of receipt of the Field Inspector's letter, the Engineer of Record shall prepare redline as-built drawings and submit them to the Field Inspector. Within 10 working days ofthe Engineer of Record's submittal, the Field Inspector shall review the redline as- built drawings and provide comments. The Engineer of Record shall revise the redline as-built drawings per the Field Inspector's comments and resubmit within 10 working days. The Field Inspector shall make his final review within 5 working days of the Engineer of Record ' s resubmittal and notify the Engineer of Record to prepare mylar as-built drawings and a microfiche copy and submit both to the City Engineer or his designee. The City and the Developer shall make best efforts to perform within the time periods described above. The inability ofthe City or the Developer to 3 P256 perform within each time period, notwithstanding its best efforts, shall not constitute a breach of this Agreement. SECTION 5. Warranty of Developer Constructed City Improvements. Prior to payment of the Retained Increment of the Purchase Price for a Developer Constructed City Improvement, the Developer shall be responsible for maintaining such Improvement at the Developer's expense. The Developer shall be obligated for a period of twelve (12) months after the date the City pays the Retained Increment to repair or replace any defects or failures resulting from the work of the Developer, its contractors or agents. Upon the expiration of such twelve (12) month period, the Developer shall assign to the City and the Community Facilities District its rights in and to any warranties, guarantees, or other evidence of contingent obligations ofthird persons with respect to such Improvement. As a condition precedent to the payment of the Retained Increment (as defined in Section 8 below) of the Purchase Price, the Developer shall post a maintenance bond in a form reasonably approved by the City, cause a maintenance bond to be posted, or assign the Developer's rights under such a bond naming the City and/or the Community Facilities District as beneficiary in an amount equal to fifteen percent (15%) of the Purchase Price of the Developer Constructed City Improvement in order to secure the Developer's obligations pursuant to this Section. Such maintenance bond will be released upon the date which is 12 months past the date on which the City pays the Developer the Retained Increment for such Improvement. Upon posting of such maintenance bond, the City shall release any performance, labor and material bonds for such Improvement. SECTION 6. Notice of Completion and Lien Releases. The Developer shall notify the City Engineer in writing upon completion of each of the Developer Constructed City Improvements to be acquired hereunder and shall prepare and execute a Notice of Completion for such Improvement in the form prescribed by Section 3093 of the California Civil Code and shall record such notice in the Official Records of the County of San Bernardino. The Developer shall cause its contractors to provide unconditional lien releases for such Improvement or all Developer Constructed City Improvements thereof in accordance with Section 3262 of the Civil Code. Notwithstanding the foregoing, the City may waive the requirement for a Notice of Completion and lien releases if the City determines that as of the date of payment of the Retained Increment ofthe Purchase Price for a Developer Constructed City Improvement, title to such Improvement or portion thereof satisfies the requirements for Acceptable Title (as hereinafter defined). SECTION 7. Construction oftbe Developer Constructed Water District Improvements. The design, construction, bonding, inspection, acceptance and warranty of the Developer Constructed Water District Improvements shall be subject to the rules, regulations, policies and practices of the Water District (the "Water District Requirements"). In the event of a conflict between the terms and conditions of this Agreement and the Water District Requirements regarding the design, construction, bonding, inspection, acceptance and/or warranty ofthe Developer Constructed Water District Improvements, the provisions of the Water District Requirements shall prevail. 4 P257 SECTION 8. Payment of Purchase Price. A. Amount of Purchase Price. The amount to be paid by the City for the Developer Constructed Improvements to be acquired from the Developer (the "Purchase Price") shall, as to each such Improvement, (i) be determined by the City in accordance with the provisions ofthis Section 8, (ii) equal the lesser of the cost or the value thereof; (iii) include the reasonable cost or value of eligible appurtenant public facilities; (iv) include the costs of the title insurance policy described in Section 10 (a) as to any Developer Constructed City Improvement; and (v) include all other costs of construction and incidental costs eligible under the Act and the Goals and Policies as a part ofthe cost of the Developer Constructed Improvements, including the following: I. the actual hard costs for the construction of such Developer Constructed Improvement as established by the approved construction contracts and change orders, including costs of payment, performance and maintenance bonds and insurance costs; 2. the design and engineering costs of such Developer Constructed Improvement including, without limitation, the costs incurred in preparing plans; 3. the costs of environmental evaluations and public agency permits and approvals attributable to the Developer Constructed Improvements; 4. professional costs associated with the Developer Constructed Improvement, such as engineering, inspection, construction staking, materials testing and similar professional services; and 5. costs of acquiring from an unrelated third party any real property or interests therein required for the Developer Constructed Improvement including, without limitation, temporary construction easements, haul road and maintenance easements. In no event shall the cost or value ofthe construction ofthe Developer Constructed Improvements be deemed to exceed the sum of the construction contract prices set forth in the contracts and change orders approved by the City or Water District, as applicable, and the incidental expenses identified in paragraphs I through 5 above. B. Incremental Payment of Purchase Price. The Purchase Price for a Developer Constructed Improvement shall be payable in not to exceed two increments: the "Base Increment" which shall be an amount not to exceed 85% of the Purchase Price for such Improvement and the "Retained Increment" which shall be an amount not to exceed the remaining, unpaid portion ofthe Purchase Price for such Improvement determined pursuant to the provisions of subsection A. above. C. Requisition for Incremental Payment of Purchase Price. 1. Base Increment. The Developer may submit a written request to the City Manager for the payment of the Base Increment for a Developer Constructed Improvement upon the substantial completion of the construction of such Improvement in accordance with the approved Plans and Specifications. The criteria for determining "substantial completion" of each Developer Constructed City Improvement shall mean generally that construction, or work with 5 P258 respect to the Developer Constructed City Improvement has progressed to the point where it is sufficiently complete so that the Developer Constructed City Improvement can be utilized for the purpose for which it was intended. "Substantial Completion" of a Developer Constructed Water District Improvement shall be deemed to have occurred when the City Manager shall have received notification from the Water District that such Improvement has been completed in accordance with the Water District Requirements and is ready for acceptance by the Water District. Each Base Increment payment request must be in the form attached hereto as Exhibit Band conform to the requirements of subsection D. below. 2. Retained Increment. The Developer may submit a written request to the City Manager for the payment of the Retained Increment for a Developer Constructed Improvement upon the completion of such Improvement in accordance with the approved Plans and Specifications as to any Developer Constructed City Improvement and in accordance with the Water District Requirements as to any Developer Constructed Water District Improvement. Such Retained Increment payment request must be in the form attached hereto as Exhibit C and conform to the requirements of subsection D. below and, unless previously provided to the City, must be accompanied by (1) evidence that the Developer has posted a maintenance bond for any such Developer Constructed City Improvement as required by Section 5 hereinabove, and (2) evidence of the satisfaction of the requirements of Section 9, hereinbelow directly related to such Developer Constructed City Improvement. D. Documentation. Any payment request submitted by the Developer shall be properly executed and shall include all supporting documents referred to in the payment request. E. Review ofPavrnent Request. The City Manager shall review each payment request. If the City Manager finds that any such payment request is incomplete, improper or otherwise not suitable for approval, the City Manager shall inform the Developer in writing within twenty (20) working days after receipt thereof, the reasons for his finding. The Developer shall have the right to respond to this finding by submitting further documentation and/or to resubmit the payment request within thirty (30) days after receipt of the denial. A resubmittal shall be deemed a new payment request for purposes of this Section. The City Manager shall review any resubmitted payment request and inform the Developer of his approval or denial of it in accordance with this Section within ten (10) working days after receipt of the resubmission. Costs incurred under a construction contract entered into pursuant to the requirements of this Agreement and pursuant to change orders approved by the City shall be deemed to be reasonable. The City Manager shall, after the sale of Bonds (defined in Section 19 below) pursuant to Section 19 and the receipt of the proceeds of such Bonds which are intended to be used to acquire the Developer Constructed Improvements and after his or her approval of a payment request, immediately forward a request to the Director of Administrative Services of the City, or his or her designee (the "Director of Administrative Services") notifying the Director of Administrative Services of his or her approval of the payment request and requesting that such payment be made to the appropriate payee. The Director of Administrative Services shall process any such request of the City Manager pursuant to the applicable procedures ofthe Finance Department and shall make or authorize such payment pursuant to such procedures and subsection F. below. 6 P259 F. Payment. The increment of the Purchase Price for each Developer Constructed Improvement shall be paid to the Developer within fifteen (15) days after the date of the City Manager's approval of the payment request for any such Improvement; provided, however, no Retained Increment may be paid for (a) any Developer Constructed City Improvement prior to (i) completion of all punch list items as specified in the letter from the Field Inspector to the Engineer of Record pursuant to Section 4 above; (ii) receipt of the maintenance bond as required pursuant to Section 5 above; (iii) the date which is thirty-five (35) days after the recording of a Notice of Completion for such Improvement as required pursuant to Section 6 above unless the requirement for such Notice of Completion has been waived by the City pursuant to such section; (iv) receipt of unconditional lien releases for such Improvement as required pursuant to Section 6 above unless the requirement for such unconditional lien releases has been waived by the City pursuant to such section; and (v) receipt of Acceptable Title as required pursuant to Section 9 below or (b) any Developer Constructed Water District Improvement prior to receipt by the City Manager of written notice from Water District that Water District has accepted such Developer Constructed Water District Improvement. Notwithstanding the foregoing, the Purchase Price or any increment thereof shall not be due and payable to the Developer except to the extent of available funds solely from the proceeds of the sale of Bonds as provided in Section 19 hereof, after all costs of formation of the Community Facilities District and all costs of issuance of such Bonds have been paid and deposits of accrued and capitalized interest to the redemption fund and the initial deposit to the reserve fund have been made and funds for the payment of the Fee Obligation have been set aside for such purpose. Beyond the amount of such available proceeds, neither the City, the Community Facilities District nor Water District shall have any obligation whatsoever to pay for the Developer Constructed Improvements contemplated hereby. In addition to the foregoing, the City shall have the right to withhold payment of the Purchase Price or any increment thereof of any Developer Constructed Improvement if (a) the Developer is delinquent in the payment of any assessment installments or special taxes levied by the City or a community facilities district established by the City on properties then owned by the Developer within the Community Facilities District or (b) the City Manager reasonably determines that the Developer is not then in substantial compliance with all applicable conditions and obligations imposed upon the Development pursuant to the land use entitlements approved by the City of the . Development, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction of all applicable public improvements. The City Manager shall provide written notice to the Developer of the decision to withhold any such payment and shall specify the reason for such decision within five (5) business days ofthe later of (i) receipt ofthe applicable payment request or (ii) the date upon which the City Manager is made aware of such delinquency or substantial non-compliance. If the payment is withheld as a result of the delinquency in the payment of assessment installments or special taxes, the notice shall identify the delinquent parcels and the amount of such delinquency. If the payment is withheld as a result of substantial non-compliance with a condition or obligation, the notice shall specify such condition or obligation and what action will be necessary by the Developer to substantially comply with such condition or obligation. Upon receipt by the City Manager of evidence reasonably satisfactory to the City Manager of the payment of the delinquent special taxes or assessments or upon the determination by the City Manager that the Developer has substantially complied with the subject condition or obligation, the City shall forthwith make any payment which has been withheld pursuant 7 P260 to the provisions of this paragraph. SECTION 9. Audit. The authorized representatives of the City shall have the right, upon two (2) . days prior written notice to the Developer and during normal business hours, to review all books and records ofthe Developer pertaining to costs and expenses incurred by the Developer in construction of the Developer Constructed Improvements. SECTION 10. Developership and Transfer of Developer Constructed City Improvements. The conveyance of the Developer Constructed City Improvements by the Developer to the City shall be in accordance with the following procedures: A. Improvements Constructed on Land not Owned bv the City. As a condition to the payment of the Retained Increment ofthe Purchase Price, the Developer shall cause an irrevocable offer of dedication to be made to the City or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City of the appropriate right, title and interest in and to the portion ofthe applicable property related to the applicable Developer Constructed City Improvement, including any temporary construction or access easements. The Developer, whether or not it is the entity constructing the Developer Constructed City Improvements, agrees to execute and deliver to the City the documents required to complete the transfer of Acceptable Title. For purposes of this Agreement, the term "Acceptable Title" shall mean title to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases; whether any such item is recorded or unrecorded, except those non-monetary encumbrances and easements which are reasonably determined by the City not to interfere with the intended use ofthe portion of the property. As a further condition to the payment of the Retained Increment of the Purchase Price for any Developer Constructed City Improvement, the Developer at its sole cost and expense, subject to reimbursement pursuant to Section 8, shall cause to be issued a policy of title insurance for such portion of the property in an amount not to exceed the Purchase Price and in the form reasonably required by the City in connection with the dedication ofland for subdivision improvements and containing such title endorsements as may be reasonably requested by the City. The City's final acceptance of the portion of the property and the Developer Constructed City Improvements constructed thereon shall not be unreasonably withheld or delayed. B. Developer Constructed Citv Improvements Constructed on Land Owned bvthe City. If the Developer is authorized to construct a Developer Constructed City Improvement on land owned in fee by the City or on land over which the City owns an easement, the Developer shall obtain the necessary encroachment permits to enter such land for purposes of constructing such Impro'Zement. The City shall cooperate with the Developer in issuing such encroachment permits. The Developer Constructed City Improvements shall be inspected by the City on an ongoing basis. SECTION 11. Grading and Subdivision Improvement Bonds. Except as provided below, the Developer shall be required to post bonds or other security acceptable to the City to guarantee completion ofthe Developer Constructed City Improvements in accordance with the City's standard subdivision requirements and conditions of approval of the Development (the "Conditions of Approval"). 8 P261 Performance and labor and material bonds for specific Developer Constructed City Improvements shall not be required or may be released if: (1) such Improvements constitute a portion ofthe required subdivision improvements; (2) Bond proceeds to construct or acquire such Developer Constructed City Improvements are available; and (3) the Developer Constructed City Improvements are to be constructed or acquired entirely with the proceeds of the Bonds. Provided that conditions (1) and (2) are satisfied, if a Developer Constructed City Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, performance and labor and material bonds shall not be required for that portion of such Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or constructed with Bond proceeds. The City will cooperate with the Developer in the termination or exoneration of any performance and labor and material bonds assuring completion of Developer Constructed City Improvements for which bonds have been sold or in accordance with Section 5 above. SECTION 12. Indemnification by the Developer. The Developer shall defend, indemnify and hold harmless the City, its officers, directors, employees and agents, the Community Facilities District, its officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys fees by reason of, or resulting from, or arising out of the design, engineering and construction of the Developer Constructed Improvements; provided that any claims which relate to the Improvements shall be limited to those arising out of personal injury or property damage caused by actions or omissions by the Developer or the Developer's employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the Developer Constructed City Improvements to the City, whether or not a claim is filed prior to the date of acceptance of such Improvements. Nothing in this Section 12 shall limit in any manner the rights of the City and/or the Community Facilities District against any of the architects, engineers, contractors or other consultants employed by the Developer which have performed work in connection with construction or financing of the Developer Constructed Improvements. Notwithstanding the foregoing, the District shall not be obligated to defend, indemnify or hold harmless the City, its officers, directors, employees and agents for the sole negligence or willful misconduct of the City, its officers, directors, employees and agents. Except as set forth in this Section 12, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents, employees, or contractors. SECTION 13. Financing of Fee Related Improvements. The Community Facilities District shall finance, solely from the proceeds of the Bonds, the construction of the Fee Related Improvements for the Water District and the Utility Agency contingent upon each such public agency entering into a JCF A with the City pursuant to the Act. The terms and conditions of each JCF A will govern the financing of the applicable Fee Related Improvements for each such public agency. The Community Facilities District shall finance, solely from the proceeds ofthe Bonds, the construction of the Fee Related Improvements for the City in an amount equal to the City's share of the Fee Obligation set forth in Exhibit A hereto. The financing of the Fee Related Improvements of the City from the proceeds of the Bonds shall be in lieu of the payment of the corresponding development impact fee ofthe City. In the event that the Bond proceeds allocated to finance the Fee 9 P262 Related Improvements of the City are less than the corresponding development impact fee, the Developer shall be obligated to pay the balance of the development impact fee obligation applicable to the Development in accordance with the Conditions of Approval. If it is necessary or desirable to pay any Fee Obligations in advance of the issuance of the Bonds (herein, the "Advances"), the Community Facilities District and the City agree that such Advances shall be reimbursed from the proceeds of the Bonds to the party that paid such Advances. The parties hereto agree that any such Advances shall be paid with an expectation of reimbursement solely from the proceeds of the Bonds, and shall not be construed as a gift or a waiver of reimbursement. SECTION 14. Obligations of the City, the Community Facilities District or the Water District. Except as provided in this Agreement, neither the City, the Community Facilities District nor the Water District has a legal or financial obligation to construct or finance th~ actual construction of the Developer Constructed Improvements. All costs incurred for actual construction ofthe Developer Constructed Improvements, including all incidentals thereto, shall be borne by the Developer. The obligations ofthe City are limited to (a) the acquisition of the Developer Constructed Improvements pursuant to the provisions of this Agreement and (b) the transfer to the City, the Water District and the Utility Agency of an amount equal to the applicable portion of the Fee Obligation. SECTION 15. Failure by the Developer to Construct Developer Constructed City Improvements. At any time that the construction ofthe Developer Constructed City Improvements is not progressirig within a reasonable time in accordance with the Conditions of Approval or the Developer fails to demonstrate a continuing ability to complete the construction of the Developer Constructed City Improvements in accordance with the Conditions of Approval, the City may give written notice of such failure of performance to the Developer. The Developer shall have sixty (60) days from the date of receipt of such notice to cure such failure of performance by demonstrating to the satisfaction of the City during such cure period reasonable progress in the construction of the Developer Constructed City Improvements and a continuing ability to complete the construction of such Improvements in accordance with the Conditions of Approval. Should the Developer fail to satisfactorily demonstrate such reasonable progress or such continuing ability, the obligations ofthe City under this Agreement related to the Developer Constructed City Improvements may be terminated by the City by providing ten (10) days written notice to the Developer. Upon termination, the City may in its sole discretion then proceed to advertise and bid the balance of the Developer Constructed City Improvements, and there will be no further obligation on the part of the City for payment due to the Developer pursuant to this Agreement with regard to the Developer Constructed City Improvements. In the event that the City chooses not to advertise and bid the balance of the Developer Constructed City Improvements following such a termination, any monies remaining in the improvement fund for the Community Facilities District and eligible to be utilized to pay the Purchase Price for the Developer Constructed City Improvements and not appropriated or subject to appropriation for eligible expenses ofthe Community Facilities District previously incurred shall be utilized in accordance with the provisions ofthe fiscal agent agreement applicable to the Bonds (as such term is defined in Section 19). 10 P263 SECTION 16. Agreement Contingent. This Agreement shall be null and void ifthe first series of Bonds are not sold within a three (3) year period following the date of this Agreement, or any mutually agreed upon extension. The City may, at its option, suspend the performance of its obligations under this Agreement if any legal challenge is filed relating to the validity or enforceability of this Agreement, the Community Facilities District proceedings or the issuance ofthe Bonds. The obligations of the City hereunder shall be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and enforceability ofthe Agreement, the Community Facilities District proceedings and the issuance of the Bonds. In the event that a final judgment is entered invalidating or declaring unenforceable this Agreement, the Community Facilities District proceedings or the issuance ofthe Bonds, the City may, at its option, terminate this Agreement. SECTION 17. Notice of Special Tax. The Owner, or the successor or assigns of the Owner, shall provide written notice to all potential purchasers of lots in a form satisfactory to the City so advising the potential owner ofthe existence ofthe Community Facilities District and the levy ofthe special taxes, with such document being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the lot so that the potential purchaser may knowingly consider the impact of the special tax in the decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be sent to the City Manager. SECTION 18. Relationship to Public Works. This Agreement is for the construction and acquisition of certain Developer Constructed Improvements by the City and the sale of the Bonds for the payment of construction and acquisition costs for such Developer Constructed Improvements and such other amounts as are herein provided, and is not intended to be a public works contract. In performing its obligations under this Agreement, the Developer is an independent contractor and not the agent of the City. The City shall have no responsibility for payment to any contractor or supplier of the Developer. SECTION 19. Sale of Bonds. The City shall initiate proceedings to issue and sell bonds secured by the levy of special taxes within the Community Facilities District (the "Bonds") to be issued pursuant to the Act only upon the receipt of a written request from the Owner that the Community Facilities District initiate proceedings to issue and sell such Bonds. The proceeds ofthe Bonds shall be used in the following priority to (i) fund a reserve fund for the payment of principal and interest with respect to the Bonds; (ii) fund capitalized interest, if necessary, on the Bonds in an amount not to exceed the amount required to pay interest on the Bonds until sufficient special taxes of the Community Facilities District are collected; (iii) pay for costs of issuance of the Bonds including, without limitation, underwriter's discount, bond counsel fees, disclosure counsel fees, printing, and fiscal agent fees; (iv) reimbursement for the costs of forming the Community Facilities District, the rate and method of apportionment ofthe special taxes and the bond authorization; (vi) pay the Fee Obligation pursuant to the provisions of this Agreement, and (v) pay for the costs ofthe construction or acquisition ofthe Developer Constructed Improvements pursuant to the provisions of this Agreement. 11 P264 Proceeds ofthe Bonds in an amount equal to the Fee Obligation shall be deposited and set aside in a separate account (the "Fee Related Improvement Account") to be established by the instrument establishing the terms and conditions related to the issuance of the Bonds (the "Fiscal Agent Agreement"). Upon the deposit of the Fee Obligation in the Fee Related Improvement Account, such amount shall be credited the City, the Water District and the Utility Agency, as applicable. The timing ofthe issuance and sale of the Bonds, the terms and conditions upon which the Bonds shall be issued and sold, the method of sale ofthe Bonds and the pricing ofthe Bonds shall be determined solely by the City and shall conform to the Goals and Policies and this Agreement. The sale of the Bonds shall be subject to receipt by the City of a competitively bid or negotiated bond purchase agreement which is acceptable to the City. The sale ofthe Bonds shall also be conditional upon the preparation of an official statement related to the Bonds that is, in the sole judgment ofthe City, "deemed final" as such term is used in Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The aggregate principal amount of the Bonds shall not exceed one-third (1/3) ofthe value of the property within the Community Facilities District subject to the levy of special taxes as determined by an independent appraisal undertaken for the City utilizing appraisal assumptions approved by the City. Notwithstanding the foregoing, a value-to-lien ratio ofless than 3: I may be approved, in the sole discretion of the City Council, upon determination by the City Manager, after consultation with the Director of Administrative Services, the bond counsel, the underwriter and the financial advisor, that a value-to-lien ratio of less than 3:1 is financially prudent under the circumstances of the Community Facilities District. The City may, in its sole discretion, accept a form or forms of credit enhancement such as a letter of credit, cash deposit, bond insurance or the escrow of bond proceeds to offset a deficiency in the required value-to-debt ratio. The amount ofthe Bonds to be issued shall be determined in accordance with the Goals and Policies such that the maximum projected annual special tax revenues equal (i) 110% of the projected annual gross debt service on the Bonds for the calendar year commencing in such fiscal year, plus (ii) projected administrative expenses of the Community Facilities District for the calendar year commencing in such fiscal year. The Developer and the Owner, on behalf of itself, any affiliates of the Developer and Owner and any successor or assign ofthe Developer and Owner including, but not limited to, all persons or entities acquiring all or a part ofthe Development for the purpose of constructing and selling owner- occupied residential dwelling units, agrees to (a) provide all information regarding the development of the property within the Community Facilities District, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of the Rule and all other applicable federal and state securities laws, (b) enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the Community Facilities District, the development thereof and the Developer and Owner as necessary to ensure ongoing compliance with the continuing disclosure requirements of the Rule and (c) cause its counsel to provide an opinion of such counsel in a form satisfactory to disclosure counsel of the City and the underwriter of the Bonds. 12 P265 SECTION 20. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing the Developer from any condition of development or requirement imposed by any other agreement with the City. In the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the City. SECTION 21. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 22. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party, against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 23. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Owner: William Lyon Homes 11870 Pierce Street, Suite 200 Riverside, California, 92505 Attn: Rick Brown Developer: Lewis Investment Company, LLC c/o Lewis Operating Corp. 1156 North Mountain Avenue Upland, California, 91786 Attn: Bryan T. Goodman City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. 13 P266 SECTION 24. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. SECTION 25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The Developer may not assign its rights or obligations hereunder except upon written notice to the City within ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Developer arising under or from this Agreement, the Developer shall be released by the City from all future duties or obligations arising under or from this Agreement. Notwithstanding the preceding sentence, the Developer may assign its rights and obligations hereunder as security to lenders for the purpose of obtaining loans to finance development within the Community Facilities District, but no such assignment shall release the Developer from its obligations hereunder to the City. SECTION 26. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws ofthe State of California, Additionally, this Agreement and the construction of the Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 27. Waiver. Failure by a party to insist upon the strict performance of any oft he provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. SECTION 28. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. SECTION 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. SECTION 30. Construction of Agreement. This Agreement has been reviewed by legal counsel for the City, the Owner, and the Developer and shall be deemed for all purposes to have been jointly drafted by the City, the Owner and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. 14 P267 Signature Page to Acquisition/Financing Agreement by and between the City of Rancho Cucamonga, Lewis Investment Company, LLC, and William Lyon Homes, Inc. EXECUTED by and between the parties hereto on the day and year first hereinabove written. "CITY" CITY OF RANCHO CUCAMONGA CITY MANAGER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA "OWNER" WILLIAM LYON HOMES, INC., A California corporation By: Name: Title: By: Name:. Title: "DEVELOPER" LEWIS INVESTMENT COMPANY, LLC, A California Limited Liability Company By: Lewis Operating Corp. A California Corporation, Its Sole Manager By: Authorized Agent S-l EXHIBIT "A" P268 DESCRIPTION OF IMPROVEMENTS AND COST ESTIMATE ,2006 1. Fee Related Improvements to be owned by the City which are authorized to be financed from the proceeds of City fees: Transportation Fee Beautification Fee Parks and Recreation Fee Drainage Fee Sub Total 2. Fee Related Improvements to be owned by the Water District authorized to be fmanced from proceeds of Water District fees: Water Capacity Fee Water Meter & Box Charge Sewer Connection Fee Sub Total 3. Fee Related Improvements to be owned by the Utility Agency which are authorized to be financed from proceeds of Utility Agency fees: Sewer Capacity Fee Sub Total of Fee Obligation (sum of I, 2 and 3 above) 4. Developer Constructed City Improvements Street Improvements! Landscaping Improvements located in public right-of-way Drainage Improvements Sub Total of Developer Constructed City Improvements 5. Developer Constructed Water District Improvements Water Improvements Sewer Improvements Sub Total of Developer Constructed Water District Improvements Sub Total of Developer Constructed Improvements (sum of 4 and 5 above) Total Improvement Cost Estimate 1 Cost estimate includes $114,808 for dry utilities. B-1 Total $217,305 41,045 267,291 165,627 $691,268 $283,536 32,670 122,661 $438,867 $415,800 $1,545,935 $423,803 367,584 65,000 $856,387 $120,000 36,000 $156,000 $1,012,387 $2,558,322 P269 EXHIBIT "B" BASE INCREMENT PAYMENT REQUEST NO. The undersigned (the "Developer") hereby requests payment in the total amount of$ for the Base Increment ofthe Purchase Price of the Developer Constructed Improvements (as defined in the AcquisitionlFinancing Agreement by and among the City of Rancho Cucamonga (the "City") and the Developer (the "Agreement") and described in Exhibit A to that Agreement), all as more fully described in Attachment I hereto. Capitalized terms used in this Payment Request and not defined herein shall have the meanings given such terms in the Agreement. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: 1. He(she) is a duly authorized officer of the Developer, qualified to execute this Payment Request for payment on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The Developer Constructed Improvements that are the subject of this Payment Request have been substantially completed in accordance with the provisions of the Agreement. 3. The Purchase Price for the Developer Constructed Improvements has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Base Increment for which payment is requested has not been the subject of any prior payment request paid by the City. 4. Supporting documentation (such as third party invoices, change orders and copies of checks or other evidence of payment) is attached with respect to each cost for which payment is requested. 5. The Developer Constructed Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement [and the JCF A with the Water District and the Water District Requirements as to any Developer Constructed Water District Improvements]. 6. The Developer is in compliance with the terms and provisions of the Agreement [and the JCF A with the Water District and the Water District Requirements as to any Developer Constructed Water District Improvements]. 7. Except as otherwise permitted pursuant to the Agreement, no mechanics liens or other encumbrances have attached, or to the best knowledge of the Developer, after due inquiry, will attach to the Developer Constructed Improvements. . B-2 P270 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Administrative Services City Manager Dated: B-3 P271 ATTACHMENT 1 SUMMARY OF DEVELOPER CONSTRUCTED IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _ Base Increment Description of Purchase Price Disbursement Developer for Developer Base Increment Requested Constructed Constructed Improvement Improvement [List here all hnprovements for which payment is requested, and attach supporting documentation] B-4 P272 EXHIBIT "C" RETAINED INCREMENT PAYMENT REQUEST NO. The undersigned (the "Developer") hereby requests payment in the total amount of$ for the Retained Increment of the Purchase Price of the Developer Constructed Improvements (as defined in the AcquisitionlFinancing Agreement by and among the City of Rancho Cucamonga (the "City") and the Developer (the "Agreement") and described in Exhibit A to that Agreement), all as more fully described in Attachment I hereto. Capitalized terms used in this Payment Request and not defined herein shall have the meanings given such terms in the Agreement. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: 1. He( she) is a duly authorized officer of the Developer, qualified to execute this Payment Request for payment on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The Developer has submitted or submits herein to the City, if applicable, as-built drawings or similar plans and specifications for any Developer Constructed City Improvements included in this Payment Request and such drawings or plans and specifications, as applicable, are true, correct and complete. 3. The Purchase Price for the Developer Constructed Improvements has been calculated in conformance with the terms ofthe Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Retained Increment for which payment is requested has not been the subject of any prior payment request paid by the City. 4. Supporting documentation (such as third party invoices, change orders, lien releases and copes of checks or other evidence of payment) is attached with respect to each cost for which payment is requested. 5. The Developer Constructed Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement [and the JCF A with the Water District and the Water District Requirements as to any Developer Constructed Water District Improvements]. 6. The Developer is in compliance with the terms and provisions of the Agreement [and the JCF A with the Water District and the Water District Requirements as to any Developer Constructed Water District Improvements]. 7. No mechanics liens or other encumbrances have attached, or to the best knowledge of the Developer, after one inquiry, will attach to the Developer Constructed Improvements. C -I P274 I hereby declare under penalty of peIjury that the above representations and warranties are true and correct. DEVELOPER: By: Dated: CITY Payment Request Approved for Submission to Director of Administrative Services City Manager Dated: C - 3 P275 ATTACHMENT 1 SUMMARY OF DEVELOPER CONSTRUCTED IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _ Retained Increment Description of Base Increment Disbursement Developer Purchase Price Previously Paid Requested Constructed Improvement [List here all Developer Constructed hnprovements for which payment is requested, and attach supporting documentation] C-4