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HomeMy WebLinkAbout2006/11/01 - 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 3'd Wednesdays ~ 7:00 p.m. NOVEMBER 1, 2006 AGENCY, BOARD & CITY COUNCIL MEMBERS William J. Alexander.................... Mayor Diane Williams............... Mayor Pro Tem 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.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of City Council agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us . If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. - CITY COUNCIL AGENDA NOVEMBER 1, 2006 -7:00 P.M. 1 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY &\NCRO HALL, 10500 CIVIC CENTER DRIVE _CUCAMOI'I". A. CALL TO ORDER II 1. RollCall: Alexander -' Gutierrez -' Michael -, Spagnolo _' and Williams - II B. ANNOUNCEMENTS/PRESENTATIONS II 1. Presentation of Animal Care & Adoption Center Grand Opening event held on October 21, 2006. 2. Overview of Grant Revenue to the Police Department and Fire District awarded by the Department of Homeland Security and other sources. II C. PUBLIC COMMUNICATIONS II This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. II D. COUNCIL RESPONSES TO PUBLIC COMMENTS 11 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. Please reference the November 15, 2006 Agenda for the final adopUon of 1. Approval of Minutes: October 4, 2006 the October 4, 2008 Minutes. 2. Approval of Check Register dated 10/11/06 through 10/24/06 and 1 Payroll ending 10/24/06, for the total amount of $5,285,169.61. G CITY COUNCIL AGENDA NOVEMBER 1, 2006-7:00 P.M. 2 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE ~CL'{;AMONN 3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Upper Cucamonga Storm Drain and Widening Improvements - Phases I and II, to be funded from Acct. No. 1176303-5650/1309176 (Measure "I" Funds), 1112303-5650/1390112 (Drainage Facilities Funds) and 2660801-5650/1390660 (2004 Tax Allocation Bond Funds). 26 RESOLUTION NO. 06-331 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATION FOR "UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASES I AND II" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval to appropriate $165,000 to Fund 124 (Transportation - Acct. No. 1124303-5650/1515-124-0) and approval for award and execution of Professional Services Agreement in the amount of $149,750 to AEI- CASC Engineering, Inc., (CO 06-191) and authorize the expenditure of a 10% contingency in the amount of $14,975 for Environmental Documents and Preliminary Engineering Services for Wilson Avenue Extension - East Avenue to Wardman-Buliock Road Project, to be funded from Fund 124 - Transportation, Acct. No. 1124303- 5650/1515-124-0. 33 5. Approval to accept grant revenue for Fire Protection District operations in the amount of $34,750.00 awarded by the Department of Homeiand Security (Homeland Security Grant 2005), administered by the State of California and San Bernardino County Office of Emergency Services into Acct. No. 1380000-4740 (Grant Income); and authorization to appropriate $30,130.00 into Acct. No. 1380501- 5207 (O&M-Capital Supplies) and $4,620.00 into Acct. No. 1380501- 5605 (Capital Outlay-Computer Equip); and approvai for the US Communities contract piggyback purchas!l of a Panasonic Toughbook from GTSI Corp. in the amount of $,4620.00 from Acct. No. 1380501- 5605 and approval for the single source LA County piggyback purchase of Motorola radios and accessories from Motorola Communications in the amount of $16,020.00 funded Acct. No. 1380501-5207, and approval to award the purchase of Bendix King radios and accessories from KR Nida Companies in the amount of $14,110.00 from Acct. No. 1380501-5207. 36 6. Approval to accept grant revenue in the amount of $40,928.41 into Acct. No. 1381000-4740 (Grant Income), awarded by the Department of Homeland Security (Homeland Security Grant 2005), administered by the State of California and San Bernardino County Office of Emergency Services, and authorization for the purchase of one (1) Chevrolet 4X4 Suburban from Mark Christopher Chevrolet as an off- the-lot purchase, and authorization to appropriate $40,928.41 into Acct. No. 1381701-5604 (Capital Outlay-Vehicles). 38 G CITY COUNCIL AGENDA NOVEMBER 1, 2006 -7:00 P.M. 3 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONm 7. Approval of the lease purchase of one (AZ-480) Asphalt Zipper, an asphalt grinding machine, from Asphalt Zipper, Inc., of American Fork, Utah, in the amount of $90,000.00, and approval of a resolution authorizing the execution and delivery of an Equipment LeaselPurchase Agreement between the City of Rancho Cucamonga and LaSalle Bank National Association (CO 06-192), to finance the purchase of this equipment over a period of five years. 39 RESOLUTION NO. 06-332 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASEIPURCHASE AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH 8. Approval of single source vendor selection and award of a contract for officiatinglumpiring services for adult sports leagues to A&V Umpires Association (CO 06-187) in the amount not to exceed $44,500 from Acct. No. 1700401-5305. 43 9. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for 9723 Feron Boulevard, located on the south side of Feron Boulevard east of Archibald Avenue, submitted by Miguel A Macias and Jorge Galvan. 44 RESOLUTION NO. 06-333 46 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 9723 FERON BOULEVARD (APN: 209-061-03 & 04) 10. Approvai of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2005- 00683, located at the cul-de-sac terminus of Hyssop Drive, north of 6th Street, submitted by Hyssop Rancho Cucamonga Properties, LLC. 54 RESOLUTION NO. 06-334 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-00683 G CITY COUNCIL AGENDA NOVEMBER 1,2006 -7:00 P.M. 4 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONG' RESOLUTION NO. 06-335 58 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 DRC2005-00683 11. Approval of Improvement Agreement, Improvement Security for DRC 2006-00516, located on the south side of 4th Street, at the intersection with Golden Oak Road, in the City of Ontario, submitted by Warmington Homes Ontario Associates, L.P. 67 RESOLUTION NO. 06-336 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND SECURITY FOR TRAFFIC SIGNAL MODIFICATIONS IN CONNECTION WITH DRC2006-00516 IN THE CITY OF ONTARIO, LOCATED AT THE INTERSECTION OF 4TH STREET AND GOLDEN OAK ROAD, SUBMITTED BY WARMINGTON HOMES ONTARIO ASSOCIATES, L.P. 12. Approval of Improvement Agreement and Improvement Security for Parcel Map 16009, located on the southeast corner and southwest corner of Sixth Street and Charles Smith Avenue, submitted by Chase Back Bay, LLC. 70 RESOLUTION NO. 06-337 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 16009 13. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16926, iocated on the north side of 4th Street between Richmond Place and Buffalo Avenue, submitted by Cal Development, LLC. 74 G CITY COUNCIL AGENDA NOVEMBER 1, 2006 -7:00 P.M. 5 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE ,--CUCAMONG' RESOLUTION NO. 06-338 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16926, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 06-339 77 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 APRCEL MAP 16926 14. Approval of Map, Improvement Agreement, Improvement Security, 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 16951, located on the west side of Hellman Avenue, approximately 1,100 feet north of Church Street and the terminus of Eiger Way, submitted by Reiny and Diane Schneider. 86 RESOLUTION NO. 06-340 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16951, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 06-341 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL AMP 16951 15. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District NO.1 for Tract Map 16908, located on the north side of Arrow Route, east of Baker Avenue, submitted by HL Homes Corporation. 98 G CITY COUNCIL AGENDA NOVEMBER 1,2006 -7:00 P.M. 6 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONru RESOLUTION NO. 06-342 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16908 RESOLUTION NO. 06-343 101 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 NO.1 FOR TRACT MAP 16908 16. Approval of a contract extension with WSA Security, Inc. (CO 01-060) to June 30, 2007, in the amount of $415,180, to be funded from 1001312-5304 ($202,800); 1133303-5304 ($120,000); 1700210-5304 ($70,380); and 1290606-5300 ($22,000) to cover monthly security guard service and extra work for Fiscal Year 2006-07. 108 17. Approval to award a contract to Lenovo (CO 06-193) for the purchase of personal computer equipment for new personnel in the amount of $23,286, to be funded from Object Code 5215 within various departmental accounts in the City General Fund. 109 18. Approval of Improvement Agreement Extension for Tract 16227-1, located at the northwest corner of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. 110 RESOLUTION NO. 06-344 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227-1 19. Approval of Improvement Agreement Extension for Tract 16279, located on the north and south side of realignment Highland Avenue, between Etiwanda and East Avenues, submitted by Toll Brothers. 114 RESOLUTION NO. 06-345 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURiTY FOR TRACT 16279 G CITY COUNCIL AGENDA NOVEMBER 1, 2006-7:00 P.M. 7 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE '---, UCAMONm c 20. Approval of recommendation for the public hearing notice distance for Environmental Impact Report for Development Review DRC2006- 00633, General Plan Amendment, Development District Amendment and other related items located on the north side of Foothill Boulevard west of Center Street - APN: 1077-601-02,03, and 04. 118 21. Approval to execute a Professional Services Agreement with LSA Associates, Inc. (CO 06-193) for Development Review DRC2006- 00633 - WF Fund III, LLC, not to exceed $39,060, for the preparation of an Environmental Impact Report for a request to develop 10.54 acres with 166 market-rate apartments in conjunction with a General Pian Amendment and a Development District Amendment located on the north side of Foothill Boulevard west of Center Street - APN: 1077-601-02, 03, and 04, to be funded from the developer deposit through 1001314-5303. Related Files: DRC2006-00634, DRC2006- 00635 and DRC2006-00636. 120 22. Approval to accept the Legacy Park Improvement Project from Pulte Homes as complete, authorize the filing of a Notice of Completion, and record the Grant Deed for the property. 141 RESOLUTION NO. 06-346 142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMRPOVEMENTS FOR LEGACY PARK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 23. Approval to accept the Fisher Drive Landscape Improvements, Contract No. 06-022 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 $25,000. 143 RESOLUTION NO. 06-347 146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISHER DRIVE LANDSCAPE IMPROVEMENTS, CONTRACT NO. 06-022 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 24. Approval to accept Improvements, release the Faithful Performance Letter of Credit, accept a Maintenance Letter of Credit and file a Notice of Completion for improvements for DRC2001-00439, located at the southeast corner of Vineyard Avenue and Calle Del Prado, submitted by Lifeway Church, a California Nonprofit Religious Corporation. 147 G CITY COUNCIL AGENDA NOVEMBER 1,2006 -7:00 P.M. 8 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE ,--CUCAMONm RESOLUTION NO. 06-348 149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00439 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 25. Approval to reiease Maintenance Guarantee Bond for DRC2002- 00132, located at the northeast corner of 6th Street and Cleveland Avenue, submitted by 6th and Cleveland, T.I.C. 150 26. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC2003-00732, located on the north and south sides of Jack Benny Drive, east of Rochester Avenue, submitted by Bates-Evergreen Partners, LLC & Stadium Plaza South, LLC. 152 RESOLUTION NO. 06-349 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, . CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00732 AND AUTHORiZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 27. Approval to accept the Street and Storm Drain Improvements, release the Faithful Performance Letter of Credit, accept a Maintenance Cash Deposit and file a Notice of Completion for improvements for Parcel Map 16167, located on the southeast corner of Vineyard Avenue and 9th Street, submitted by On Vineyard, LLC. 155 RESOLUTION NO. 06-350 158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC STREET AND STORM DRAIN IMPROVEMENTS FOR PARCEL MAP 16167 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 28. Approval to accept the Etiwanda Avenue at Church Street Traffic Signal Improvements, Contract No. 05-090 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to fiie a Notice of Completion and approve the final contract amount of $214,846.56. 159 - CITY COUNCIL AGENDA NOVEMBER 1, 2006 - 7 :00 P.M. 9 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANCHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMON'>A RESOLUTION NO. 06-351 162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA AVENUE AT CHURCH STREET TRAFFIC SIGNAL IMPROVEMENTS, CONTRACT NO. 05-090 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK F. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. 1. CONSIDERATION OF AN ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVEl ORDINANCE NO. 769 (second reading) 163 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 2. CONSIDERATION OF AN ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (AMADOR ON ROUTE 661 ORDINANCE NO. 770 (second reading) 181 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 fa CITY COUNCIL AGENDA NOVEMBER 1, 2006 -7:00 P.M. 10 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CUCAMONm 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. No Items Submitted. II H. PUBLIC HEARINGS ~ 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 j The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. [ 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 Council member.) 2. LEGISLATIVE UPDATE (Oral) K. IDENTIFICATION OF ITEMS FOR NEXT MEETING - CITY COUNCIL AGENDA NOVEMBER 1, 2006 - 7 :00 P.M. 11 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RANcHO HALL, 10500 CIVIC CENTER DRIVE _CIlCAMON'" II L. ADJOURNMENT II I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 26, 2006, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. October 4, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER ~I The Rancho Cucamonga City Council held a closed session on Wednesday, October 4, 2006, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander Present were Council members: 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; Linda D. Daniels, Acting Administrative Services Director; and Joe O'Neil, City Engineer. * * * * * * 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, ASSISTANT CITY MANAGER, AND LINDA D. DANIELS, ACTING ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF 8TH ST. AND BAKER AVE. COMMONLY KNOWN AS APN 207-54-160, LINDA D. DANIELS, RDA DIRECTOR, JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY - CITY B3. CONFERENCE WITH PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE REAL PROPERTY OWNED BY BEST CALIFORNIA GAS, LTD., APN 227-131-60; NEGOTIATING PARTIES, JOE O'NEIL, CITY ENGINEER, REGARDING STATUS OF NEGOTIATIONS AND INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNER, BEST CALlFORNIA- CITY B4. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9 - ONE CASE - J.R. ENTERPRISES (PINES MOBILE HOME PARK) V. CITY OF RANCHO CUCAMONGA - CITY ****** C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. ****** II D. CONDUCT OF CLOSED SESSION ~I Closed session began at 5:35 p.m. City Council Minutes October 4, 2006 Page 2 "'"1< * "I< * "I< E. CITY MANAGER ANNOUNCEMENTS AND REpORTS ****** F. RECESS The closed session adjourned at 6:48 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, October 4, 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 8:43 p.m. Present were Council members: 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; Dawn Haddon, Purchasing Manager; Charles Scott, Sr. Information Systems Specialist; Sid Siphomsay, Information Systems Analyst: Joe O'Neil, City Engineer; Maria Perez, Associate Engineer; James Troyer, Planning Director; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Deborah Clark, Library Director; Captain Pete Ortiz and Lieutenant Bill Lenew, Rancho Cucamonga Police Department; Chief Peter Bryan, Deputy Chief Mike Bell, Deputy Chief Alex Rodriguez and Fire Prevention Specialist Kelley Donaldson, Rancho Cucamonga Fire Protection District; Marcia Godwin, Assistant to the City Manager; Fabian Villenas, Management Analyst III; Kathy Scott, Assistant City Clerk; and Debra J. Adams, City Clerk. ****** B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Target Stores in appreciation for their sponsorship of the "Target Family Night Out" program provided for all of the theatre for young audiences productions at the Lewis Family Playhouse of the Victoria Gardens Cultural Center. Susan Sluka, Community Services Supervisor, introduced the item and presented a video to thank the Target Stores for their contributions. The Mayor and Council presented a plaque to David Parker of Target Stores thanking him for their contributions. City Council Minutes October 4, 2006 Page 3 Tony Mize, PAL Campaign, also commented on Target's contributions. Dave Parker, Target Store Manager, stated he is proud to be part of this community. *H A recess was taken at 8:48 p.m. The meeting reconvened at 9:00 p.m. with all Councilmembers present. *** *""""""""* II C. PUBLIC COMMUNICATIONS II C1. Terry Massi stated there are Democrats in Rancho Cucamonga. He stated there will be a Democratic Club meeting on October 10 at 7:00 p.m. in the Brulte Center, and added they will also have a booth at the Grape Harvest Festival. He stated he is proud to be part of the Democratic party. He told what previous Democrats have done for the Country. He continued talking about the Governor's election and the platforms of both the Republican and Democratic parties. C2. Jim Erwin, Chief of the San Bernardino County Employee's Association, who also serves the City's Police Department, stated the Sheriff's Department wants to continue serving the City of Rancho cucamonga. He felt some of the statistics are growing because of the growth of residents in the City. He felt both the Police and Fire Departments do an outstanding job. He stated he is here tonight because of the election coming up. He felt they have three Council members supporting the City to continue with the Sheriff's Department, and that there are two votes to get the City's own Police Department. He stated they are actively supporting Rex Gutierrez and Diane Williams for City Council and Don Kurth for Mayor. He said they would prefer to spend their money on other things, but felt they should be supporting these three candidates because they want to continue serving Rancho Cucamonga. C3. John Lyons, candidate for City Council, stated there was talk several years ago to get our own Police Department, but added that we cannot afford to do this. He stated the Daily Bulletin exposed that Don Kurth's wife is owner of the Colonies Project. He felt Council member Williams has some explaining to do because she has always supported Don Kurth. He wanted to know when she found this out. He stated the Colonies is suing San Bernardino County and wants $300,000,000 of our tax dollars. He stated one of the ways they wanted to do this was through SAN BAG. He stated Council member Williams pretty much removed Mayor Alexander from SAN BAG and felt we have a problem here. He felt an investigation should be done. He felt an investigation should be done into any activity that has gone on at LAFCO since Council member Williams serves on that Board also. He stated we can thank the Daily Bulletin for exposing this. He commented on Diane Williams and Rex Gutierrez meeting in secret to appoint Kurth and Howdyshell several years ago. He stated Councilmember Williams doesn't tell the truth and should resign from the Council. He felt this is serious and possibly criminal activity. He asked people not to vote for Council member Diane Williams. C4. Joe Pastor of Etiwanda stated he is here from the Chaffey Arts Association and felt this is a gem. He stated on October 28th they will be having a 65th anniversary party. He told about the art in their facility. C5. Tony Mize, PAL Campaign, talked about the $1 million home or the $850,000 cash that is being raffled with the proceeds to go to the Cultural Center. He stated there is another early bird drawing to occur in the near future. C6. Vince Dilde from Hungary stated he came to the United States because he is not a Communist. He stated there is a real problem in this country. He felt we have a problem with the illegals on Grove Boulevard. City Council Minutes October 4, 2006 Page 4 . C7. Ron Sakala invited everyone to the Grape Harvest Festival this Friday and Saturday to be held at the Victoria Gardens Cultural Center area. He stated there are vendors, a kid's zone and a wine appreciation tent. C8. Melanie Ingram, Rosebud Street, stated she is happy about Station 177 and hoped the Alta Loma Riding Club will "get over it." She stated she still chairs Rancho Recall and stated they feel they have achieved mission accomplished since Kurth and Howdyshell did not get re-elected. She stated she was surprised that Kurth is running for Mayor and is insulted. She stated she can confirm that Kurth has been an alcoholic, a drug abuser, imprisonment for drugs and assaulted behavior against women, and added she has documentation on this. She stated many of these acts occurred while he was an adult, and many of them while he was a physician here in Rancho Cucamonga. She stated this is not the type of individual she wants to see on the Councilor as Mayor. She stated it is up to the voters who will get elected to the Council. She stated she is concerned about the developers trying to infiuence the candidates. She stated they are following SEBA and the money trail of contributions they are making. She talked about what the Colonies Development is doing and did not agree with their plan. She stated she hopes she doesn't see the names of the Colonies people on the campaign forms that are due in a couple of days. She put everyone on notice about Dr. Kurth. She hoped people will check out the candidates they are voting on. She hoped everyone will look at John Lyons because he gives a "big damn" about the City. Cg. Leslie Grimes asked Councilmember Gutierrez if he ever paid Dan Richards back the $3,000 he owed him because he said he didn't want to feel beholden to him. She said she didn't know Dan Richards was an owner of the Colonies Project. She stated she is not a fan of this project. She stated the Colonies wants to build on the flood control area and make money from selling houses. She stated after this project is completed, the Colonies will be gone and any flooding that might occur will be the responsibility of the taxpayers. She stated our City is impacted by the Colonies Project in many ways. She thanked Mayor Alexander because he allows the people to speak their mind. She stated the Upland Mayor is rude and doesn't respect its citizens. She stated Mayor Alexander does respect people and allows them to speak their mind because he is a good man and cares what the citizens have to say. She asked people to look at where the campaign contributions come from. She hoped developers will develop in a responsible manner. . C10. Bill McCliman felt we should look into the issue of yard signs and whether it is illegal or not. He felt people come to the podium because they care. He stated he didn't know if he should believe Money Magazine's stats or the Department of Justice stats, and stated that crime in the City has gone up considerably. He stated he blamed the Council for not protecting the residents as they should. He felt the City needs more police officers. He stated he does have a sign in his yard and does support his candidate. * * * * * * on. CONSENT CALENDAR Jack Lam, City Manager, stated Item 012 will be removed from the agenda and come back at a future meeting. 01. Approval of Minutes: September 19, 2006 (Special Closed Session) 02. Approval of Check Register dated 9/13/06 through 9/26/06 and Payroll ending 9/26/06, for the total amount of $5,882,333.85. D3. Approval of recommendation for the public hearing noticing distance for Tentative Tract 17517 and Tentative Tract 17711. City Council Minutes October 4, 2006 Page 5 04. Approval of a request from Alta loma High School for the waiver of lions Center West room rental fees for five mentorship program meetings for freshman female students (November 2006 - May 2007) in order to continue to strengthen the City/School District partnership. 05. Approval of Change Order No.1 with DMJM+Harris, Inc. (CO 04-188), to provide design survey, geotechnical field investigations, laboratory testing, and the preparation of plans and cost estimates for the widening of the northbound and southbound 1-15 Freeway onramps at Base Line Road. 06. Approval of Drainage Reimbursements for the Etiwanda/San Sevaine Area Master Plan for FY 2005/2006 and appropriation of $447,159 to Accl. No. 1116303-5650/1026116-0. 07. Approval of Drainage Reimbursements for the General City Area Master Plan for FY 2005/2006 and appropriation of $1 05,015 to Accl. No. 1112303-5650/1026112-0. 08. Approval to declare surplus city-owned miscellaneous equipment and vehicles. 09. Approval of an application for a Used Oil Recycling Block Grant funds from the Used Oil Recycling Fund under the Used Oil Recycling Enhancement Acl. RESOLUTION NO. 06-308 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR A USED Oil RECYCLING BLOCK GRANT FUNDS FROM THE USED Oil RECYCLING FUND UNDER THE USED Oil RECYCLING ENHANCEMENT ACT 010. 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 DRC2006-00284 located at the northwest corner of 19th Street and Carnelian Street, submitted by Rancho Plaza, a General Partnership. RESOLUTION NO. 06-309 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2006- 00284 RESOLUTION NO. 06-310 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 DRC2006-00284 011. Approval to award a contract to ABM Janitorial Services (CO 06-180) for the cleaning of Citywide facilities in the amount of $659,946 ($609,946 annual contract and $50,000 extra work allowance), to be funded from Accl. No. 1001312-5304 (Facilities Maintenance Contract Services). 012. Approval to execute a Professional Services Agreement with PBS&J (CO 06-181), not to exceed $254,175 for the preparation of an Environmental Impact Report for Tentative Tract Map SUBTT17517 and Tentative Tract Map SUBTT17711. REMOVED FROM AGENDA. TO COME BACK AT A FUTURE MEETING. 013. Approval of Improvement Agreement Extension for Tract 17277, located on the east side of Archibald Avenue, north of 6th Street, submitted by G & l Commercial, llC. City Council Minutes October 4, 2006 Page 6 RESOLUTION NO. 06-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 17277 014. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for DRC2005-00088, located at 12735 Banyan Street, east of Greenwood Place, submitted by Michael Helm. RESOLUTION NO. 06-312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00088 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 015. Approval to accept the Improvements, release the Faithful Performance Bond and fiie a Notice of Completion for improvements for Parcel Map 16481, located on the south side of 19th Street, west of Cartilla Avenue, submitted by Hamilton Homes, LLC. RESOLUTION NO. 06-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16481 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 016. Approval of release of Maintenance Guarantee Bond for Tract 16431, located on the east side of the Alta Loma Flood Channel, south side of Lemon Avenue, submitted by Cucamonga Ventures, LLC. 017. Approval to accept the Construction of Traffic Signal Interconnect System for Base Line Road from Alta Cuesta to Etiwanda Avenue (Federal Aid Project CML-5420(009), Contract No. 03-078 as complete, approval to appropriate $55,000 to Accl. No. 1124303-5650/1443124-0 from Transportation Fund balance, 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 $1 ,366,429.80. RESOLUTION NO. 06-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF TRAFFIC SIGNAL INTERCONNECT SYSTEM FOR BASE LINE ROAD FROM AL TA CUESTA TO ETIWANDA AVENUE (FEDERAL AID PROJECT CML-5420(009), CONTRACT NO. 03-078 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 018. Approval to release Faithful Performance Bond No. 7570322 in the amount of $138,188 for the Sapphire Street Pavement Rehabilitation from 19th Street to Banyan Street, Contract No. 05-033. MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 012. Motion carried unanimously 5-0. City Council Minutes October 4, 2006 Page 7 1< "* 1< 1< 1< "* E. CONSENT ORDINANCES No items submitted. ****** F. ADVERTISED PUBLIC HEARINGS No items submitted. ****** G. PUBLIC HEARINGS ~] II No items submitted. ****** II H. CITY MANAGER'S STAFF REPORTS II H1. CONSIDERATION OF REQUEST BY DAREN GARDNER AND LUCRETIA SNIJDERS TO WAIVE CITY FEES FOR A PROPOSED "HALLOWEEN STREET" EVENT. (CONTINUED FROM SEPTEMBER 20, 2006) Trang Huynh, Building & Safety Official, stated last week they met with neighborhood representatives, and after understanding more of what they are trying to do, staff would like to recommend this be considered a City sponsored event with the help of City staff. He stated he knew the neighbors would want to invite the Council to stop by. Mayor Alexander asked if the applicant is happy with this. The applicants responded yes. Councilmember Williams stated her hat is off to the people that are doing this, that it sounds like a great event. MOTION: Moved by Williams, seconded by Gutierrez to approve staff's recommendation. Motion carried unanimously 5-0. H2. APPROVAL OF PLANS. SPECIFICATIONS AND ESTIMATES AND TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL - PHASE 1 CONSTRUCTION. TO BE FUNDED FROM ACCT. NOS. 1208303-5650/1453208 AND 1110316-5650/1453110. A staff report and power point presentation were given by Maria Perez, Associate Engineer. Council member Gutierrez asked when they expect construction to start on the first phase. Maria Perez, Associate Engineer, stated January 2007. City Council Minutes October 4, 2006 Page 8 RESOLUTION NO. 06-315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL CONSTRUCTION - PHASE 1, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Williams, seconded by Michael to approve Resolution No. 06-315. Motion carried unanimously 5-0. * * * * * * II I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Council member Michael commented that the Grape Harvest Festival is this weekend. He stated the Mark Christopher Charity Classic is also this weekend at Empire Lakes. He stated this City's financial situation has reserves for a number of projects for the City. He stated every year at budget time the Council discusses what the reserves can be used for. Jack Lam, City Manager, commented what the reserves can be used for. He stated the reserves have helped our credit rating increase from an A+ to a AA- through Standard and Poors. He stated when the City goes out for funding for our capital projects, this credit rating will help us get more money at better rates. He stated the City does use reserves when necessary, i.e., the Fire Strategic Plan implementation, the recovery from the Grand Prix Fire and flood control issues on Bella Vista that occurred after the Grand Prix Fire. Councilmember Williams commented again on the house ralle to benefit the Cultural Center, and stated there will be a booth at the Grape Harvest Festival for more information about this. She stated people can go to rcpal.org for more information. She stated people can also adopt a pet from the animal shelter there. She commented on the "Miss Nelson is Missing" performance at the Cultural Center. Councilmember Spagnolo commented on statistics that are reported. He stated the list of dangerous jobs is a misnomer. He stated his hat goes off to public safety representatives, and stated he is passionate about this. He stated his son is a police officer and he definitely has respect for what he does. Councilmember Gutierrez stated he can't wait for the election to be over and that he regrets that it gets this way. He felt we have a lot of things going on that are good. He stated he resents some of the attacks on both sides. He said no one hates fire fighters, but gets concern when one special interest group is a majority. He congratulated the City Manager for his work towards the City's AA- rating, and added he is a great City Manager. Mayor Alexander stated there is no drive to displace the Sheriff's Department from the City of Rancho Cucamonga, and is sorry this is the information that SEBA has. He stated there is nothing being done to get rid of the Sheriff's Department. He stated it is too bad some people have drawn a wedge between police and fire. James Markman, City Attorney, stated with regards to the lawn sign issue, there are sign regulations for every City, including limitations. He said City's control the size and when signs can go up before the election through the City's Sign Ordinance. He stated this is what the controversy is about. He stated this Ordinance has been in the City since incorporation, but added that it can't be enforced legally. He stated the City will not go on someone's property and remove a sign. He stated the City is asking that people voluntarily to comply with this Ordinance. He stated all of the candidates have been informed that City Council Minutes October 4, 2006 Page 9 they are being asked to voluntarily comply. He stated tonight he heard three of his clients accused of committing a crime. He stated even though it is true that you can insult Council members at open meetings, you cannot do this in a reckless way because you are subject to being sued for slander. He suggested people doing this not cross the line because of the potential for a lawsuit being filed. Council member Michael asked if the City can remove signs after the ten days after the election is over when the signs are supposed to be removed but are not. James Markman, City Attorney, stated if they are in the public right of way the staff can do this, but not on private property. 12. CONSIDERATION OF FLYING THE POW/MIA FLAG ON CITY HALL FLAGPOLE A staff report was presented by Joe O'Neil, City Engineer. Council member Spagnolo stated back in August he asked why we were not flying a POW/MIA fiag at City Hall. He stated it flies 24/7 at the Alta Loma Honor Roll Memorial. He stated it is appropriate to fly it under the U.S. fiag. He felt the same thing should be done at City Hall as is done at the Alta Loma Honor Roll. Mayor Alexander agreed with Councilmember Spagnolo's recommendation. MOTION: Moved by Spagnolo, seconded by Michael to fly the POW/MIA flag at City Hall, and the Fire District Headquarters building and at Central Park. Motion carried unanimously 5-0. Jim Frost, City Treasurer, stated it flies in Upland and Montclair and the Veteran's Hospital. He stated possibly some day it can expand to other facilities. 13. CONSIDERATION TO ADD TO THE AGENDA FORMAT "COUNCIL RESPONSES TO PUBLIC COMMENTS." TO BE PLACED AFTER "PUBLIC COMMUNICATIONS" (Oral) Council member Michael stated he asked that this be placed on the agenda for discussion. He stated he just wants for the Council or staff to have the opportunity to be able to respond on public comments that might not be accurate. He felt it would be good for people to hear the other side of comments being made by the public. He stated he would like to see this added after all Public Comment sections on all three agendas. MOTION: Moved by Michael, seconded by Williams to add "Council Responses to Public Comments" under Public Communications on all three agendas. Council member Gutierrez stated he supports this idea. He felt this was only fair. Council member Spagnolo felt that possibly staff should be able to comment or given the opportunity to bring back information for the next agenda on an issue if needed. Motion carried 4-1 (Alexander voted no). 14. CONSIDERATION FOR AN "EXCLUSIVE" PARKING PERMIT ORDINANCE ON FALLING STAR COURT Councilmember Gutierrez stated this isn't exactly what he wanted the report to be about. He stated at the last meeting a gentleman spoke about this and he wanted to see what other cities do. He felt staff should talk to him and see what he really wants and bring this back at a future meeting. ACTION: Removed from the agenda and to come back at a future meeting. City Council Minutes October 4, 2006 Page 10 15. PRESENTATION OF THE RESPONSE GIVEN TO SENATOR DUTTON REGARDING PUBLIC SAFETY INQUIRY The City Council asked the City Clerk to read the response letter sent to Senator Dutton, which was included in the agenda packet. Council member Spagnolo asked that we get a letter to the editor about this, responding to previous comments made about the statistics on crime. Council member Williams suggested we purchase space and put Senator Dutton's letter and the response in there. MOTION: Moved by Williams, seconded by Alexander to receive and file. Motion carried unanimously 5- O. 16. LEGISLATIVE UPDATE (Oral) Council member Williams commented on the bills considered by the Legislature. She stated the Legislature considered AB2987, and stated the public will start getting information from both telephone and cable companies to change services. She stated the City will try to keep the Cable Companies from abusing us. She stated we hope to get additional funding for the i-15 Base Line Interchange. ****** J. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified for the next meeting, except as indicated above by Counciimember Michael. ****** K. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:56 p.m. Respectfully submitted, Debra J. 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AP - 00243125 10/11/2006 CHARTER MEDIA INe. AP - 00243125 1011112006 CHARTER MEDIA INe. AP - 00243125 10/1112006 CHARTER MEDIA INe. AP - 00243125 10/11/2006 CHARTER MEDIA INe. AP - 00243125 10/11/2006 CHARTER MEDIA INe. AP - 00243129 10/1112006 CLABBY, SANDRA AP - 00243130 10/1112006 COLOR ME MINE AP - 00243131 10/11/2006 CONSOLIDATED ELECTRICAL DISTRIBUTORS 1 AP - 00243132 10/1112006 COPP CRUSHING CORP, DAN AP - 00243132 10/11/2006 COPP CRUSHING CORP, DAN AP - 00243132 10/11/2006 COPP CRUSHING CORP, DAN AP - 00243132 10/1112006 COPP CRUSHING CORP, DAN AP - 00243132 10/11/2006 COPP CRUSHING CORP, DAN AP - 00243135 10/11/2006 CPRS AP - 00243136 10/11/2006 CRABB, KASEY AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP-00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 1011112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP-00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/11/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA V ALLEY WATER DISTRICT AP-00243138 1011112006 CUCAMONGA VALLEY WATER DISTRICT AP-00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP-00243138 10111/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10111/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10111/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243138 1011112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT User: VLOPEZ - Veronica Lopez Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 180.50 236.32 308.80 1,351.20 1,186.40 712.80 1,000.00 111.00 6,314.15 228.00 114.00 114.00 57.00 171.00 957.00 40.00 1,206.92 2,023.40 175.08 1,965.95 158.42 131.96 4,121.95 4,367.95 4,148.15 172.46 357.74 634.88 472.40 2,808.12 117.34 73.60 73.60 4,148.15 110.72 182.54 97.04 73.60 179.67 221.60 180.02 500.12 332.48 22.70 91.64 273.08 149.08 73.30 1,519.89 3,210.97 177.50 621.02 55.20 724.40 Current Date: 10125/200 Time: 15:52:5 . I CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 10111/2006 through 10/24/2006 P3 Check No, Check Date Vendor Name Amount AP - 00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 1011112006 CUCAMONGA VALLEY WATER DISTRICT AP-00243138 10/11/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 1011112006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243138 1011112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006. CUCAMONGA VALLEY WATER DISTRICT AP - 00243138 10/1112006 CUCAMONGA VALLEY WATER DISTRICT . AP - 00243138 1011112006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243139 10/1112006 D&S GRAPHIC DESIGN AP - 00243141 10/11/2006 DAPPER TIRE CO AP - 00243 I 41 1011112006 DAPPER TIRE CO AP - 00243142 10/11/2006 DAWSON, WILLIAM D. AP - 00243143 10/11/2006 DEMCO INC AP - 00243144 101lI12006 DESIGN PARTNERS INC. AP - 00243145 lOll 1/2006 DRIVER ALLIANT SPECIAL EVENTS AP-00243146 10/1112006 EIDEN,EMILY AP - 00243147 10/1112006 ELECTRONICS WAREHOUSE AP - 00243148 10/11/2006 ELLIOT, WALTER AP - 00243149 10/1112006 EMCOR SERVICE AP - 00243149 10/11/2006 EMCOR SERVICE AP - 00243149 10/1112006 EMCOR SERVICE AP - 00243149 10/1112006 EMCOR SERVICE AP - 00243150 lOll 112006 EMPIRE MOBILE HOME SERVICE AP - 00243151 101l1l2006 EXCLUSIVE EMAGES AP - 00243151 10/11/2006 EXCLUSIVE EMAGES AP - 00243152 10/1112006 FEDERAL EXPRESS CORP AP - 00243152 10/1112006 FEDERAL EXPRESS CORP AP - 00243152 10/11/2006 FEDERAL EXPRESS CORP AP - 00243152 lOll 1/2006 FEDERAL EXPRESS CORP AP - 00243152 10/1112006 FEDERAL EXPRESS CORP AP - 00243152 10/11/2006 FEDERAL EXPRESS CORP AP - 00243153 10/1112006 FIELDMAN ROLAPP AND ASSOCIATES AP - 00243153 lOll 112006 FIELDMAN ROLAPP AND ASSOCIATES AP - 00243154 1O/11/2006 FILARSKY AND WATT AP - 00243155 10/1112006 FINESSE PERSONNEL ASSOCIATES AP - 00243158 1011112006 FORD OF UPLAND INC AP - 00243158 10/1112006 FORD OF UPLAND INC AP - 00243158 10111/2006 FORD OF UPLAND INC AP-00243158 10/1112006 FORDOFUPLANDINC AP - 00243158 10/1112006 FORD OF UPLAND INC AP - 00243162 10/1112006 GEOGRAPHICS AP-00243162 10/11/2006 GEOGRAPHICS AP - 00243162 lOll 112006 GEOGRAPHICS AP - 00243162 10111/2006 GEOGRAPHICS AP - 00243162 10/1112006 GEOGRAPHICS AP - 00243163 10/11/2006 GRAINGER AP - 00243165 lOll 112006 GUTIERREZ, BIANCA AP - 00243165 1011112006 GUTIERREZ, BIANCA AP - 00243166 1011112006 HANSON, TANNIS AP - 00243167 10111/2006 HARALAMBOS BEVERAGE COMPANY AP - 00243]68 10111/2006 HARRIS, JAMES T. AP - 00243169 1011112006 HART, JENNIFER AP - 00243171 ]0/1112006 UPSTART HIGHSMITH INC AP - 00243173 10/11/2006 HINDERLITER DE LLAMAS AND ASSOCIATES User: VLOPEZ - Veroniea Lopez Page: 3 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 237.93 73.60 55.20 1,644.17 268.28 158.60 269.48 4,331.21 876.83 441.13 671.54 700.00 846.13 570.00 1,955.92 75.00 29.86 395.00 14,136.09 2,524.04 2,009.17 6,387.17 7,059.81 19.40 58.18 17.10 25.16 12.55 12.66 20.80 14.90 1,918.06 2,250.86 805.00 835.45 137.79 25.21 -94.78 698.40 -19.16 80.81 2,105.91 1,288.69 660.51 420.00 39.15 230.00 230.00 150.00 204.18 66.78 516.00 1,391.76 1,200.00 Current Date: 10/251200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 10/11/2006 through 10/24/2006 P4 Check No, Check Date Vendor Name Amount AP - 00243173 10/11/2006 HINDERLITER DE LLAMAS AND ASSOCIATES AP - 00243174 10/1112006 HOLLIDAY ROCK CO INC AP - 00243174 10/1112006 HOLLIDAY ROCK CO INC AP - 00243174 1011112006 HOLLIDAY ROCK CO INC AP - 00243174 10/11/2006 HOLLIDAY ROCK CO INC AP - 00243174 10/11/2006 HOLLIDAY ROCK CO INC AP - 00243174 10/11/2006 HOLLIDAY ROCK CO INC AP - 00243174 10/1112006 HOLLIDAY ROCK CO INC AP - 00243174 10/11/2006 HOLLIDAY ROCK CO INC AP - 00243176 10111/2006 HSBC BUSINESS SOLUTIONS AP - 00243176 10/1112006 HSBC BUSINESS SOLUTIONS AP - 00243176 10111/2006 HSBC BUSINESS SOLUTIONS AP - 00243177 10111/2006 HULS ENVIRONMENTAL MGT LLC AP - 00243178 10/11/2006 IMPEX TECHNOLOGIES INC AP - 00243179 10/11/2006 IMPRESSIONS GOURMET CATERING AP - 00243180 1011112006 INLAND EMPIRE MAGAZINE AP - 00243181 10/1112006 INLAND VALLEY DAILY BULLETIN AP - 00243182 10/11/2006 INTERNATIONAL TICKETING ASSOCIATION IN AP - 00243183 10111/2006 JOBS AVAILABLE INC AP - 00243184 1011112006 JOHNSTON CONSULTING, CHRIS AP - 00243185 10/11/2006 JONES, CHRISTINA HAATAINEN AP - 00243186 10/11/2006 JONES, ROBERT AP - 00243187 10/11/2006 JRC HOUSING INC AP - 00243188 10/1112006 KEEN, mLIE AP - 00243189 10/11/2006 KERDUS PLASTERING INC AP - 00243190 1011112006 KORANDA CONSTRUCTION AP - 00243190 1011112006 KORANDA CONSTRUCTION AP-00243191 10/11/2006 LIEBERTCASSIDYWHITMORE AP - 00243192 10/11/2006 LITTLE BEAR PRODUCTIONS AP - 00243192 1011112006 LITTLE BEAR PRODUCTIONS AP - 00243193 10/11/2006 MANSOURI,IRAJ AP - 00243194 10/11/2006 MARK CHRISTOPHER INC AP - 00243195 10/1112006 MARSHALL PLUMBING AP - 00243195 10/11/2006 MARSHALL PLUMBING AP - 00243196 10/11/2006 MATHIS, DUSTIN AP - 00243197 10111/2006 MAYEAUX, SHERRY AP - 00243197 10/1112006 MAYEAUX, SHERRY AP - 00243198 10/11/2006 MCDONALD, JOHN AP - 00243199 10/11/2006 MICHAEL, L. DENNIS AP - 00243200 10/1112006 MIDWEST TAPE AP - 00243200 10/11/2006 MIDWEST TAPE AP - 00243200 10111/2006 MIDWEST TAPE AP - 00243200 10111/2006 MIDWEST TAPE AP - 00243201 10/11/2006 MILLER, VICTORIA AP - 00243202 10/1112006 MINANO, DONNA MARIE AP - 00243203 10111/2006 MOORE, REIGH LEE AP - 00243204 10111/2006 MORRJS AGENCY INC, WILLIAM AP - 00243206 10/1112006 MUSEUM OF NEON ART AP - 00243208 10/11/2006 NASH, JESSICA AP - 00243209 10/11/2006 NATIONAL DEFERRED AP - 00243210 10111/2006 NEC UNIFIED SOLUTIONS INC AP - 00243210 10/11/2006 NEC UNIFIED SOLUTIONS INC AP - 00243210 10/11/2006 NEC UNIFIED SOLUTIONS INC AP - 00243210 10/11/2006 NEC UNIFIED SOLUTIONS INC User: VLOPEZ - Veronica Lopez Page: 4 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 7,160.89 435.32 414.30 702.00 596.40 759.10 91.05 406.22 810.28 315.08 123.16 73.58 5,415.00 10,400.00 62.46 1,095.00 432.00 195.00 931.00 1,406.25 570.00 2,800.00 440.00 731.00 6.48 5,950.00 1,740.00 100.00 3,500.00 500.00 4,800.00 265.03 496.85 -124.21 177.78 293.00 84.00 30.00 117.92 68.97 68.97 1,821.17 45.98 70.00 100.00 175.00 2,700.00 500.00 1,020.38 21,347.36 1,416.80 873.65 4,060.94 210.00 Current Date: 10/25/200 Time: 15:52:5 Check No, AP - 00243210 AP - 00243211 AP - 00243211 AP - 00243211 AP - 00243211 AP - 00243211 AP - 00243211 AP - 00243211 AP - 00243213 AP - 00243214 AP - 00243215 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243217 AP - 00243218 AP - 00243219 AP - 00243219 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10/24/2006 P5 Check Date Vendor Name Amount 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NEC UNIFIED SOLUTIONS INC 10/11/2006 NETMANAGE INC 10/11/2006 0 A ROBERTS COMPANY 10/11/2006 0 C B REPROGRAPHICS INC 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/1112006 OFFICE DEPOT 10111/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/1112006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/1112006 OFFICE DEPOT 1011112006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/11/2006 OFFICE DEPOT 10/1112006 OFFICE DEPOT 10/11/2006 ONTARIO WINNELSON CO 10/11/2006 PARSAC 10/11/2006 PARSAC 200.00 509.90 5,756.94 60.54 26,031.14 1,504.66 1,440.86 24.97 2,925.00 11,500.00 95.36 398.82 52.09 44.54 30.63 263.93 186.63 19.07 292.78 66.38 252.38 14.38 7.31 675.59 1,218.01 455.51 128.15 856.54 57.00 46.50 351.43 11.72 63.36 5.32 40.33 40.32 16.13 27.21 16.13 41.01 55.94 6.43 6.90 11.18 12.35 49.44 106.19 193.23 40.26 16.10 74.51 484.88 25,051.00 52,704.00 Current Date: 10/251200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page: 5 Report: CK _AGENDA_REG ]ORTRAIT _ RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10111/2006 through 10/24/2006 P6 Check No. Check Date Vendor Name Amount AP _ 00243220 10/11/2006 PEACOCK SYSTEMS AP - 00243220 10/11/2006 PEACOCK SYSTEMS AP - 00243220 10111/2006 PEACOCK SYSTEMS AP - 00243220 10/11/2006 PEACOCK SYSTEMS AP - 00243220 10111/2006 PEACOCK SYSTEMS AP - 00243220 10/11/2006 PEACOCK SYSTEMS AP - 00243220 10111/2006 PEACOCK SYSTEMS AP _ 00243220 10/11/2006 PEACOCK SYSTEMS AP - 00243220 10/11/2006 PEACOCK SYSTEMS AP - 00243221 10/11/2006 PEP BOYS AP _ 00243223 10/11/2006 PHONG, BRYAN AP - 00243223 10/11/2006 PHONG, BRYAN AP - 00243224 10/11/2006 PINCOTT, JOHN AP - 00243226 10/11/2006 PMI AP - 00243227 10/11/2006 POUK AND STEINLE INC. AP _ 00243227 10/11/2006 POUK AND STEINLE INC. AP - 00243227 10/11/2006 POUK AND STEINLE INC. AP _ 00243227 10/11/2006 POUK AND STEINLE INC. AP - 00243228 10/11/2006 PRE-PAID LEGAL SERVICES INC AP - 00243230 10/11/2006 PRESS ENTERPRlSE AP - 00243232 10/11/2006 PROTECH TRANSMISSION SERVICES AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTNE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTNE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTNE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTNE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP - 00243233 10/11/2006 RAND R AUTOMOTIVE AP _ 00243234 10/11/2006 R H F INC AP - 00243235 10/11/2006 RBM LOCK AND KEY SERVICE AP - 00243237 10/11/2006 RCPFA AP - 00243238 10/11/2006 RED WING SHOE STORE AP - 00243238 10/11/2006 RED WING SHOE STORE AP - 00243238 10/11/2006 RED WING SHOE STORE AP - 00243239 10/11/2006 RlCHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RlCHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RlCHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RlCHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RlCHARDS WATSON AND GERSHON User: VLOPEZ - Veronica Lopez Page: 6 Report:CK _AGENDA_REG ]ORTRAIT _ RC - CK: Agenda Check Register Portrait Layout 85.00 57.11 255.00 85.00 255.00 85.00 23.71 170.00 85.00 25.52 100.00 100.00 40.66 1,134.00 1,676.89 1,283.11 -167.69 -128.31 34.20 750.00 12,383.14 339.90 34.54 52.78 229.41 1,312.13 283.44 261.32 22.13 25.00 3,141.80 34.54 34.54 42.78 295.86 418.83 34.54 242.56 495.83 352.68 1,119.24 43.86 90.00 127.15 7,207.61 109.89 91.57 188.54 1,438.00 103.00 232.50 9,544.70 117.60 5,562.54 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10124/2006 P7 Check No. Check Date Vendor Name Amount AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP _ 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 10/1112006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 1011112006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 10/1112006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243239 10/11/2006 RICHARDS WATSON AND GERSHON AP - 00243240 10/11/2006 RIVERSIDE CONSTRUCTION COMPANY AP - 00243240 10/11/2006 RIVERSIDE CONSTRUCTION COMPANY AP - 00243242 10/1112006 ROADWAY ENGINEERING INC AP - 00243243 10/11/2006 ROBINSON, VICTORIA AP - 00243244 10/11/2006 RODGERS AND HAMMERSTEIN THEATRE LIBR AP - 00243245 10/11/2006 RODRIGUEZ, NORMA LINDA AP - 00243246 10/1 112006 RUBENS TACOS #2 AP - 00243248 10/11/2006 SAN BERNARDINO COUNTY AP - 00243249 10/11/2006 SAN BERNARDINO COUNTY AP - 00243250 10/11/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00243251 1011112006 SAXE-CLIFFORD, SUSAN AP - 00243251 10/1l/2006 SAXE-CLIFFORD, SUSAN AP - 00243252 10/11/2006 SCHRADER, ALLISON AP - 00243254 10/1112006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10111/2006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10/1112006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243254 10/11/2006 SENECHAL, CALVIN AP - 00243255 10/1112006 SHOETERIA AP - 00243255 10/11/2006 SHOETERIA AP - 00243255 10/11/2006 SHOETERIA AP - 00243255 10/1112006 SHOETERIA AP - 00243257 10/11/2006 SO CALIF GAS COMPANY AP - 00243257 10/11/2006 SO CALIF GAS COMPANY AP - 00243257 10/11/2006 SO CALIF GAS COMPANY AP - 00243257 10/1112006 SO CALIF GAS COMPANY AP - 00243257 10/11/2006 SO CALIF GAS COMPANY AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNL<\ EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON User: VLOPEZ - Veronica Lopez Page: 7 Report:CK_AGENDA_REG_PORTRAlT_RC - CK: Agenda Check Register Portrait Layout 2,677.70 416.50 1,320.50 65.00 255.00 20,349.55 51.00 67.50 5,424.00 5,691.56 55.50 9,917.19 272.68 . 500.00 489.29 150.00 718.61 171.05 55.00 840.00 160.14 250.00 2,000.00 288.00 294.00 140.00 175.50 133.00 7.00 139.00 77.00 91.00 154.00 168.00 182.00 116.36 101.81 200.00 129.28 540.69 38.00 299.08 2,155.44 1,313.36 3,348.42 13.24 12.55 13.49 12.98 107.67 13.66 13.13 51.23 81.69 Current Date: 10125/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/1112006 through 10/24/2006 P8 Check No. Check Date Vendor Name Amount AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 . 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/11/2006 SOUTHERN CALIFORNIA EDISON AP - 00243260 10/1112006 SOUTHERN CALIFORNIA EDISON User: VLOPEZ - Veranica Lopez Page: 8 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 12.81 105.29 12.98 19.31 12.88 12.38 19.26 35.05 13.13 8.10 13.49 13.24 137.93 13.67 13.06 14.25 554.31 35,298.95 114.92 6,287.50 55.61 13.67 28.34 97.37 125.64 13.49 64.87 13.56 13.24 42.88 57.02 211.38 29.29 14.09 32.09 13.13 14.09 134.75 17.39 26.98 51.53 20.10 7,671.72 117.03 12.38 87.04 12.81 78.76 12.70 12.38 12.81 14.19 13.67 119.27 Current Date: 10/25/200 Time: 15:52:5 Check No. AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 . AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243260 AP - 00243261 AP - 00243262 AP - 00243263 AP - 00243264 AP - 00243265 AP - 00243265 AP - 00243265 AP - 00243265 AP - 00243265 AP - 00243266 AP - 00243266 AP - 00243267 AP - 00243268 AP - 00243269 AP - 00243270 AP - 00243272 AP - 00243272 AP - 00243273 AP - 00243274 AP - 00243274 AP - 00243275 AP - 00243277 AP - 00243279 AP - 00243279 AP - 00243281 AP - 00243281 AP - 00243281 AP - 00243281 AP - 00243281 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/11/2006 through 10/24/2006 pg Check Date Vendor Name Amount 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10111/2006 SOUTHERN CALIFORNIA EDISON 10/1 1/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10111/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON lOll 1/2006 SOUTHERN CALIFORNIA EDISON 10111/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10/11/2006 SOUTHERN CALIFORNIA EDISON 10111/2006 SOUTHERN CALIFORNIA RISK MANAGEMENT_ 10/11/2006 SOUTHLAND SPORTS OFFICIALS 10/11/2006- SPAGNOLO, SAM 10111/2006 TARGET SPECIALTY PRODUCTS 10/11/2006 TAUSSIG AND ASSOCIATES INC, DAVID 10111/2006 TAUSSIG AND ASSOCIATES INC, DAVID 10/1112006 TAUSSIG AND ASSOCIATES INC, DAVID 10/11/2006 TAUSSIG AND ASSOCIATES INC, DAVID 10/11/2006 TAUSSIG AND ASSOCIATES INC, DAVID 10111/2006 TBH INC 10111/2006 TBH INC 10/11/2006 THEWES, KRISTINE 10111/2006 THOMSON GALE 10/11/2006 TOBIAS, LA TASHA L 10/11/2006 TRAFFIC SPECIALTIES INC 10111/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/11/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 10/11/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/11/2006 UNITED SCENIC ARTISTS 10/11/2006 UNITED SCENIC ARTISTS 10/11/2006 UNITED WAY 10/11/2006 UPLAND V AC AND SEW 10111/2006 V ANDERHAWK CONSULTING LLC 10111/2006 V ANDERHA WK CONSULTING LLC 10/11/2006 VERIZON 1011l/2006 VERIZON 10111/2006 VERIZON 10111/2006 VERIZON 10111/2006 VERIZON 12.38 12.81 92.36 13.41 104.01 52.47 23.03 12.81 59.73 13.83 55.12 60.36 2,853.67 13.31 114.87 12.55 38.92 12.38 77.12 12.70 12.81 12.38 14.10 11,456.52 1,013.56 4,975.00 913.00 95.81 230.21 3,000.00 2,172.18 2,226.8 I 3,000.00 315.00 61,089.51 90,165.95 495.00 148.48 600.00 156.78 3,389.05 39,819.51 1,689.46 290.70 290.70 31.00 60.00 1,530.00 2,932.50 450.25 57.16 1,288.66 174.60 27.06 Current Date: 10/25/200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page: 9 Report:CK _ AGENDA_REG _PORTRAIT _RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A!!enda Check Re!!ister 10/11/2006 through 10/24/2006 P10 Check No. Check Date V endor Name Amount AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10/11/2006 VER1ZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10/11/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 10111/2006 VERIZON AP - 00243281 1011112006 VERIZON AP - 00243282 . 10111/2006 VISTA PAINT AP - 00243282 10111/2006 VISTA PAINT AP - 00243282 10111/2006 VISTA PAINT AP - 00243282 10111/2006 VISTA PAINT AP - 00243282 10/11/2006 VISTA PAINT AP - 00243282 10111/2006 VISTA PAINT AP - 00243283 10/11/2006 VULCAN MATERIALS COMPANY User: VLOPEZ - Veronica Lopez Page: 10 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 154.00 143.57 28.56 92.26 89.91 89.91 89.91 27.66 83.00 90.16 90.16 20.93 28.56 286.22 26.87 28.56 28.56 28.56 57.16 43.22 26.60 26.60 26.29 450.25 27.66 28.56 27.66 89.91 29.20 28.56 89.91 89.91 89.91 90.16 2,244.03 345.19 554.86 302.61 27.66 377.12 58.25 89.91 89.91 90.16 308.55 89.91 89.91 660.18 377.11 6.55 28.76 560.30 560.30 745.66 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10/24/2006 P11 Amount Check No. Check Date Vendor Name AP - 00243283 10/11/2006 VULCAN MATERIALS COMPANY AP - 00243284 10/11/2006 WAXIE SANITARY SUPPLY AP - 00243285 10/11/2006 WEISENBACH SPECIALTY PRINTING INC AP - 00243286 10/11/2006 WESLEY, DANIEL AP - 00243287 10/11/2006 WEST PAYMENT CENTER AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/1112006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243288 10/11/2006 WEST VALLEY MRF LLC AP - 00243289 10/1112006 WIGNALL MUSEUM AP - 00243290 10/11/2006 WOODRUFF, DEAN AP - 00243290 10/11/2006 WOODRUFF, DEAN AP - 00243291 10/11/2006 WUTKEE, ALLAN AP - 00243292 10/11/2006 YAMAHA OF CUCAMONGA AP - 00243293 10/11/2006 YOUNG CALIFORNIA CUCAMONGA LP AP - 00243294 10/11/2006 PILOT POWER GROUP INC AP - 00243297 10/18/2006 A AMAZING PEST CONTROL INe. AP - 00243298 10/18/2006 A'JONTUE, ROSE ANN AP - 00243299 10/18/2006 AA EQUIPMENT RENTALS CO INC AP - 00243299 10/18/2006 AA EQUIPMENT RENTALS CO INC AP - 00243299 10/18/2006 AA EQUIPMENT RENTALS CO INC AP - 00243299 10/1812006 AA EQUIPMENT RENTALS CO INC AP - 00243299 10/18/2006 AA EQUIPMENT RENTALS CO INC AP - 00243299 10/18/2006 AA EQUIPMENT RENTALS CO INC AP - 00243299 10/18/2006 AA EQUIPMENT RENTALS CO INC AP - 00243300 10/18/2006 ABC LOCKSMITHS AP - 00243300 10/18/2006 ABC LOCKSMITHS AP - 00243301 10/18/2006 ABLAC AP - 00243302 10/18/2006 ACADEMY OF MUSIC AP - 00243303 10/18/2006 ADT SECURITY AP - 00243304 10/18/2006 ALL CITIES TOOLS AP - 00243305 10/18/2006 ALL PRO ELECTRIC AP - 00243306 10/18/2006 ALLEN INSTRUMENTS & SUPPLIES AP - 00243306 10/18/2006 ALLEN INSTRUMENTS & SUPPLIES AP - 00243306 10/18/2006 ALLEN INSTRUMENTS & SUPPLIES AP - 00243307 10/18/2006 ALLEN, TONY AP - 00243309 10/18/2006 ALPHAGRAPHICS AP - 00243310 10/18/2006 ALTA LOMA I AND II JOINT VENTURE AP - 00243311 10/18/2006 AMADA, CLAY AP - 00243312 10/18/2006 AMERI NATIONAL COMMUNITY SERVICES INe AP - 00243313 10/18/2006 AMERICAN ROTARY BROOM CO. INC. AP - 00243313 10/18/2006 AMERICAN ROTARY BROOM CO. INC. AP - 00243314 10/18/2006 AMS PAVING INC AP - 00243315 10/18/2006 AMTECH ELEVATOR SERVICES User: VLOPEZ - Veronica Lopez Page: 11 Report:CK _AGENDA_REG ]ORTRAIT _ RC - CK: Agenda Check Register Portrait Layout 834.13 77.92 632.95 57.32 80.85 94.28 87.50 40.25 65.00 168.75 128.50 42.72 145.25 147.25 121.25 109.75 127.25 355.80 88.00 3,892.92 331.34 43.92 859.98 570.83 466.87 65,695.91 350.00 1,740.00 10.78 34.19 799.47 78.57 107.52 655.12 413.76 252.09 91.59 217.58 1,688.50 459.35 107.75 20.00 14,911.52 1,917.95 285.11 756.00 630.31 17,128.86 50.00 175.00 461.15 87.51 1,000.00 191.99 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Ae:enda Check Ree:ister 10/11/2006 through 10/24/2006 P12 Check No. Check Date Vendor Name Amount AP - 00243315 10/18/2006 AMTECH ELEVATOR SERVICES AP - 00243315 10/18/2006 AMTECH ELEVATOR SERVICES AP - 00243316 10/18/2006 APPLIED METERING TECHNOLOGIES INC AP - 00243317 10/18/2006 ARAMARK UNIFORM SERVICES AP - 00243318 10/18/2006 ARCHITERRA DESIGN GROUP AP - 00243318 10/18/2006 ARCHITERRA DESIGN GROUP AP - 00243318 10/18/2006 ARCHITERRA DESIGN GROUP AP - 00243318 10/18/2006 ARCHITERRA DESIGN GROUP AP - 00243318 10/18/2006 ARCHITERRA DESIGN GROUP AP - 00243318 10/18/2006 ARCHITERRA DESIGN GROUP AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243319 10/18/2006 ARROWHEAD CREDIT UNION AP - 00243320 10/18/2006 ASSI SECURITY AP - 00243321 10/18/2006 ASTRUM UTILITY SERVICES AP - 00243321 10/18/2006 ASTRUM UTILITY SERVICES AP - 00243322 10/18/2006 AVANTS, MARGE AP - 00243323 1 0/18/2006 AVID MICROSHIP ID SYSTEM AP - 00243323 10/18/2006 AVID MICROSHIP ID SYSTEM AP - 00243323 1 0/18/2006 AVID MICROSHIP ID SYSTEM AP - 00243324 10/18/2006 BARNES, SHERRY AP - 00243325 10/18/2006 BEARD PROVENCHER AND ASSOC INC AP - 00243325 10/18/2006 BEARD PROVENCHER AND ASSOC INC AP - 00243325 10/18/2006 BEARD PROVENCHER AND ASSOC INC AP - 00243326 10/18/2006 BEARINGS & DRIVES INC. AP - 00243327 10/18/2006 BEl BETTER ENERGY IDEAS AP - 00243328 10/18/2006 BISHARA, MOE AP - 00243329 10/18/2006 BISHOP COMPANY AP - 00243329 10/18/2006 BISHOP COMPANY AP - 00243330 10/18/2006 BODY SHOTS AP - 00243331 10/18/2006 BOLTON, HEATHER AP - 00243331 10/18/2006 BOLTON, HEATHER AP - 00243331 10/18/2006 BOLTON, HEATHER AP - 00243331 10/18/2006 BOLTON, HEATHER AP - 00243331 10/18/2006 BOLTON, HEATHER AP - 00243332 10/18/2006 BONALDO, SERGE AP - 00243335 10/18/2006 BRUNSWICK DEER CREEK LANES AP - 00243336 10/18/2006 BURR CYCLES INC, JOHN AP - 00243337 10/18/2006 C R C ROOFING INC. AP - 00243338 10/18/2006 CAL-STATE RENT A FENCE INC AP - 00243339 10/18/2006 CALIFORNIA DEBT & INVESTMENT ADVISORY AP - 00243340 10/18/2006 CALIFORNIA ELECTRONIC ENTRY AP - 00243341 10/18/2006 CALIFORNIA, STATE OF AP - 00243342 10/18/2006 CALSENSE AP - 00243343 10/18/2006 CAMERON WELDING SUPPLY AP-00243344 10/18/2006 CARAWAY,ROBIN User: VLOPEZ - Veronica Lopez Page: 12 Report:CK_AGENDA~REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 191.99 191.99 5,577. 73 6.70 24,940.75 130.00 3,150.00 5.34 124.77 4,095.00 2,562.27 595.36 53.03 111.08 223.60 -385.00 -385.00 -385.00 57.03 670.80 72.07 105.00 22,210.00 4,552.50 90.00 6,083.41 125.00 4,000.22 40.00 3,062.50 9,783.00 8,700.00 7.25 150.00 2,800.00 350.77 114.28 227.50 48.37 21.93 19.58 18.25 9.99 4,400.00 327.25 208.37 59.73 445.00 200.00 150.00 25.00 898.86 18.21 12.00 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA A!!enda Check Re!!ister 10/11/2006 through 10/24/2006 P13 Check No. Check Date Vendor Name Amount AP - 00243345 10/18/2006 CARDENAS, SERGIO AP - 00243346 10/18/2006 CARDIAC SCIENCE CORPORATION AP - 00243347 10/18/2006 CARTY, DIANE AP - 00243348 10/18/2006 CASTILLO, JACK AP - 00243349 10/18/2006 CENTRAL CITIES SIGNS INC AP - 00243349 10/18/2006 CENTRAL CITIES SIGNS INC AP - 00243350 10/18/2006 CHAMPION AWARDS AND SPECIALIES AP - 00243351 10/18/2006 CHARTER MEDIA INe. AP - 00243351 10/18/2006 CHARTER MEDIA INe. AP - 00243351 10/18/2006 CHARTER MEDIA INe. AP - 00243351 10/18/2006 CHARTER MEDIA INC. AP - 00243352 10/18/2006 CHINO ICE SERVICE AP - 00243353 10/18/2006 CISNEROS, HERNANDO AP - 00243354 10/18/2006 CITY RENTALS AP - 00243355 10/18/2006 CLARK, KAREN AP - 00243356 10/18/2006 CLOUD, DON AP - 00243356 10/18/2006 CLOUD, DON AP - 00243357 10/18/2006 COAST RECREATION INC AP - 00243358 10/18/2006 COLLETTE, PETE AP - 00243359 10/18/2006 COLOR ME MINE AP - 00243360 10/18/2006 COMBINED MARTIAL SCIENCE INC .AP - 00243361 10/18/2006 COPAS, DOMINICK AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT User: VLOPEZ - Veronica Lopez Page: 13 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register PomailLayout 25.00 1,073.19 510.00 324.00 373.35 36.64 107.75 345.60 336.00 400.00 1,126.40 452.55 1,149.00 688.21 70.00 270.00 150.00 2,359.14 15.00 162.00 2,656.20 62.00 129.68 79.28 157.40 951.14 457.28 1,563.50 956.18 475.20 615.98 95.98 523.82 113.30 67.70 81.56 277.56 2,099.00 652.52 212.58 993.98 1,597.52 420.68 205.04 479.96 186.14 422.00 109.52 264.44 171.26 119.60 63.02 280.88 215.12 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Ae:enda Check Ree:ister 10/1112006 through 10/24/2006 P14 Check No, Check Date Vendor Name Amonnt AP _ 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT . AP-00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/1812006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT' AP-00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP-00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA V ALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA V ALLEY WATER DISTRICT AP-00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP - 00243364 10/1812006 CUCAMONGA VALLEY WATER DISTRICT AP _ 00243364 10/1812006 CUCAMONGA V ALLEY WATER DISTRICT AP-00243364 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT User: VLOPEZ - Veronica Lopez Page: 14 Report: CK _AGENDA_REG _PORTRAIT _RC - CK: Agenda Check Register Portrait Layout 137.24 570.62 2,552.67 106.76 222.92 127.16 176.30 162.38 158.60 265.76 540.44 547.94 975.08 314.84 426.98 443.36 191.42 222.92 195.00 55.20 209.56 137.00 846.56 45.02 88.42 80.30 167.48 119.60 1,182.98 783.56 63.92 272.06 1,090.82 317.42 268.04 401.60 323.48 333.74 223.94 297.20 376.64 74.36 854.12 147.26 803.72 407.90 239.30 565.64 106.94 . 1,343.00 137.00 46.28 73.60 403.10 Current Date: 10/25/200 Time: 15:52:5 Check No, AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243364 AP - 00243365 AP - 00243367 AP - 00243368 AP - 00243369 AP - 00243370 AP - 00243370 AP - 00243371 AP - 00243371 AP - 00243372 AP - 00243372 AP - 00243373 AP - 00243374 AP - 00243375 AP - 00243376 AP - 00243376 AP - 00243376 AP - 00243376 AP - 00243376 AP - 00243376 AP - 00243377 AP - 00243378 AP - 00243378 AP - 00243379 AP - 00243380 AP - 00243380 AP - 00243380 AP - 00243380 AP - 00243381 AP - 00243381 AP - 00243382 AP - 00243383 AP - 00243384 AP - 00243384 AP - 00243384 AP - 00243384 AP - 00243384 AP -00243384 AP - 00243384 AP - 00243384 AP - 00243384 AP - 00243384 AP - 00243384 AP - 00243385 CITY OF.RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10/2412006 P15 Check Date Vendor Name Amount 10118/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10118/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10118/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10/18/2006 CUCAMONGA VALLEY WATER DISTRICT 10118/2006 CUTTING EDGE LANDSCAPE 10/18/2006 DAGHDEVIRIAN, KATHY 10/18/2006 DANCE TERRIFIC 10118/2006 DANS CO CONSTRUCTION 10118/2006 DAPPER TIRE CO 10/18/2006 DAPPER TIRE CO 1011812006 DA VENPORT, JAY E. 10118/2006 DAVENPORT,JAYE. 1 0/18/2006 DAWSON SURVEYING INC. 10/18/2006 DAWSON SURVEYING INC. 10/18/2006 DE LOS ANGELES BONILLA, MARlA 1011812006 DRACHAND, DI ANNE 10/18/2006 DUFFY, RICK 10/18/2006 DUNN EDW ARDS CORPORATION 10/18/2006 DUNN EDWARDS CORPORATION 10/18/2006 DUNN EDW ARDS CORPORATION 10/18/2006 DUNN EDW ARDS CORPORATION 10/18/2006 DUNN EDWARDS CORPORATION 10/18/2006 DUNN EDWARDS CORPORATION 1011812006 DUNN, ANN MARIE 10/18/2006 EAGLE MATERIAL HANDLING 10/18/2006 EAGLE MATERIAL HANDLING 10/18/2006 EASTER, PAMELA 10/18/2006 EASTERLING, RAY 10/18/2006 EASTERLING, RAY 10/18/2006 EASTERLING, RAY 10/18/2006 EASTERLING, RAY 10/18/2006 EMPIRE ECONOMICS INC 10/18/2006 EMPIRE ECONOMICS INC 10/18/2006 EMPORER'S KITCHEN 10118/2006 ESCOTO, BRENDA 10118/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10118/2006 EWING IRRIGATION PRODUCTS 10/18/2006 EWING IRRIGATION PRODUCTS 10118/2006 EWING IRRIGATION PRODUCTS' 10/18/2006 EWING IRRIGATION PRODUCTS 10118/2006 EXPERIAN 546.74 105.68 1,404.80 1,703.36 1,062.02 187.02 946.10 1,689.50 417.61 417.61 1,021.76 500.00 1,674.00 2,611.44 500.00 975.40 -88.49 276.50 474.00 2,522.47 1,500.00 500.00 1,410.00 3,480.75 127.78 61.12 3\.21 168.43 224.33 770.79 1,593.00 24,668.00 -2,466.80 1,002.94 39.00 6\.00 6\.00 39.00 9,500.00 10,500.00 5.73 500.00 1,000.00 137.34 83.68 -87.72 185.90 294.29 263.06 128.41 68.58 190.38 378.68 50.00 Current Date: 10/25/200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page: 15 Report:CK _AGENDA_REG ]ORTRAIT _RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00243386 AP - 00243387 AP - 00243387 AP - 00243387 AP - 00243387 AP - 00243387 AP - 00243388 AP - 00243388 AP - 00243388 AP - 00243388 AP - 00243389 AP - 00243390 AP - 00243390 AP - 00243390 AP - 00243390 AP - 00243390 AP - 00243390 AP - 00243392 AP - 00243392 AP - 00243392 AP - 00243393 AP - 00243394 AP - 00243395 AP - 00243396 AP - 00243396 AP - 00243396 AP - 00243397 AP - 00243398 AP - 00243399 AP - 00243400 AP - 00243400 AP - 00243400 AP - 0024340 I AP - 0024340 I AP - 00243402 AP - 00243403 AP - 00243404 AP - 00243404 AP - 00243405 AP - 00243406 AP - 00243406 AP - 00243407 AP - 00243408 AP - 00243410 AP - 00243411 AP - 00243412. AP - 00243413 AP - 00243414 AP - 00243415 AP - 00243416 AP - 00243417 AP - 00243420 AP - 00243421 AP - 00243422 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006throngh 10/2412006 P16 Check Date Vendor Name Amount 10/1812006 EZ PARTY RENTALS 10/18/2006 FEDERAL EXPRESS CORP 10/18/2006 FEDERAL EXPRESS CORP 10/1812006 FEDERAL EXPRESS CORP 10/1812006 FEDERAL EXPRESS CORP 10/1812006 FEDERAL EXPRESS CORP 10/1812006 FIELDMAN ROLAPP AND ASSOCIATES 10/18/2006 FIELDMAN ROLAPP AND ASSOCIATES 10/18/2006 FIELDMAN ROLAPP AND ASSOCIATES 10/1812006 FIELDMAN ROLAPP AND ASSOCIATES 10/1812006 FIERRO, ANNA 10/18/2006 FINESSE PERSONNEL ASSOCIATES 10/1812006 FINESSE PERSONNEL ASSOCIATES 10/1812006 FINESSE PERSONNEL ASSOCIATES 10/18/2006 FINESSE PERSONNEL ASSOCIATES 10/18/2006 FINESSE PERSONNEL ASSOCIATES 10/1812006 FINESSE PERSONNEL ASSOCIATES 10/1812006 FISHER SCIENTIFIC 10/18/2006 FISHER SCIENTIFIC 10/18/2006 FISHER SCIENTIFIC 10/1812006 FISHER SCIENTIFIC 10/18/2006 FLANAGIN, LINDA 10/1812006 FLORES, CARLOS 10/18/2006 FOOTHILL FAMILY SHELTER 10/18/2006 FOOTHILL F AMIL Y SHELTER 10/18/2006 FOOTHILL FAMILY SHELTER 10/1812006 FOX, PATTY 10/18/2006 FRONT BRIDGE TECHNOLOGIES INC 10/18/2006 FULL SPECTRUM ENTERTAINMENT 10/18/2006 GAIL MATERIALS 10/18/2006 GAIL MATERIALS 10/18/2006 GAIL MATERIALS 10/18/2006 GAONA, JANE 10118/2006 GAONA, JANE 10/18/2006 GARRETT CONCRETE CORING AND SA WING no 10/1812006 GIORDANO, MARIANNA 10/1812006 GOD'S WOMEN CONFERENCE 10/18/2006 GOD'S WOMEN CONFERENCE 10/18/2006 GOLDSTAR ASPHALT PRODUCTS 10/1812006 GOLF VENTURES WEST 10/18/2006 GOLF VENTURES WEST 10/1812006 GONSALVES AND SON,JOE A 10/1812006 GRADY, MERRILL 10/18/2006 GUERRA, DAN 10/1812006 GUTIERREZ, BIANCA 10/1812006 HAAKER EQUIPMENT CO 10/18/2006 HANGER 18 LLC. 10/1812006 HARMAN, SUSAN 10/18/2006 HARRIS, JAMES T. 10/18/2006 HAWTHORNE LIFT SYSTEMS 10/18/2006 HEILIG, KELLY 10/1812006 HI STANDARD AUTOMOTIVE 10/18/2006 HILLS PET NUTRITION SALES INC 10/18/2006 HIX DEVELOPMENT 1,264.80 24.50 26.16 15.75 14.90 16.66 2,376.40 247.60 122.20 2,308.80 250.00 697.50 840.00 930.00 840.00 630.00 651.00 80.16 890.93 120.23 122.89 250.00 500.00 417.00 413.00 417.00 207.90 850.00 300.00 1,246.36 1,800.00 254.59 2.50 250.00 285.00 189.00 250.00 250.00 691.43 128.04 66.96 9,000.00 753.84 250.00 200.00 224.23 168.00 33.00 774.99 561.58 3,123.00 139.G2 3,414.75 25,954.60 Current Date: 10/25/200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page; 16 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00243423 AP - 00243424 AP - 00243425 AP - 00243425 AP - 00243426 AP - 00243427 AP - 00243428 AP - 00243428 AP - 00243429 AP - 00243430 AP - 00243431 AP - 00243433 AP - 00243434 AP - 00243435 AP - 00243435 AP - 00243435 AP - 00243436 AP - 00243437 AP - 00243438 AP - 00243439 AP - 00243439 AP - 00243440 AP - 00243440 AP - 00243440 AP - 00243441 AP - 00243441 AP - 00243442 AP - 00243443 AP - 00243444 AP - 00243444 AP - 00243445 AP - 00243447 AP - 00243448 AP - 00243449 AP - 00243450 AP - 00243451 AP - 00243452 AP - 00243453 AP - 00243454 AP - 00243455 AP - 00243455 AP - 00243455 AP - 00243456 AP - 00243457 AP - 00243459 AP - 00243460 AP - 00243461 AP - 00243463 AP - 00243464 AP - 00243465 AP - 00243465 AP - 00243466 AP - 00243467 AP - 00243468 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10/24/2006 P17 Check Date Vendor Name Amount 10/18/2006 HIX HOMES 10/18/2006 HOLT'S AUTO ELECTRIC INC 10/18/2006 HOPPE, PAT 10/18/2006 HOPPE, PAT. 10/18/2006 HOSE MAN INC 10/18/2006 HOT SHOTS ATHLETIC APPAREL INC 10/18/2006 HOUSE OF RUTH 10/18/2006 HOUSE OF RUTH 10/18/2006 HOWARD, BOBBY 10/18/2006 HOYT, RAYMOND 10/18/2006 HSU, STEVE 10/18/2006 HURST, CHERYL 10/1812006 HUTCHINSON, LISA 10/18/2006 HYDRO TEK SYSTEMS INC 10/18/2006 HYDRO TEK SYSTEMS INC 10/1812006 HYDRO TEK SYSTEMS INC 10/18/2006 HYDROSCAPE PRODUCTS INC 10/18/2006 IMPRESSIONS GOURMET CATERING 10/18/2006 IMSA 10/1812006 INLAND FAIR HOUSING AND MEDIATION 10/1812006 INLAND FAIR HOUSING AND MEDIATION 10/18/2006 INLAND V ALLEY DAILY BULLETIN 10/18/2006 INLAND V ALLEY DAILY BULLETIN 10/18/2006 INLAND VALLEY DAILY BULLETIN 10/18/2006 INLAND VALLEY DAILY BULLETIN 10/18/2006 INLAND V ALLEY DAILY BULLETIN 10/18/2006 INLAND V ALLEY DANCE ACADEMY 10/18/2006 INLAND VALLEY RV SERVICE & SUPPLIES 10/18/2006 INTERNATIONAL SOCIETY OF ARBORICULTUR 10/18/2006 INTERNATIONAL SOCIETY OF ARBORICUL TUR 10/18/2006 INTERSTATE BATTERIES 10/18/2006 J D C INC 10/18/2006 JOHNSON, CHERRY 10/18/2006 JONES, ROBERT 10/1812006 K K WOODWORKING 10/18/2006 KAPLAN, DENEAN 10/18/2006 KC PRINTING & GRAPHICS INC 10/18/2006 KCAL 96.7 10/18/2006 KEATING, KURT 1 0118/2006 KELLY EQUIPMENT 10/18/2006 KELLY EQUIPMENT 10/18/2006 KELLY EQUIPMENT 10/18/2006 KIM, DANIEL 10/18/2006 KIT KAT KRAZY KAPERS 10/18/2006 KNOTTS BERRY FARM 10/18/2006 KOLA 99.9 10/18/2006 KONICA MINOLTA BUSINESS SOLUTIONS 10/18/2006 LANE, NICOLE 10/18/2006 LARSEN, NICOLE 10/18/2006 LAWSON PRODUCTS INC 10/18/2006 LAWSON PRODUCTS INC 10/18/2006 LEBOEUF, BETTY 10/18/2006 LEMUS, TAYREE 10/18/2006 LEVI, PORNPEN 61,931.34 484.88 825.00 96.96 9.35 150.03 1,629.25 734.30 896.00 706.50 163.20 288.50 2,886.00 651.89 416.53 442.24 6.59 397.06 60.00 1,086.34 980.90 8,585.72 1,404.00 106.80 438.00 6,319.18 4,155.60 982.45 145.00 105.00 205.55 3,800.00 100.00 17.00 37.66 1,344.00 633.43 1,900.00 855.80 -95.33 160.15 71.79 693.00 325.00 2,048.00 1,800.00 142.50 335.65 88.00 129.13 116.37 250.00 997.04 8.00 Current Date: 10/25/200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page: 17 Report:CK _AGENDA_REG _PORTRAIT _RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10124/2006 P18 Check No. Check Date Vendor Name Amount AP - 00243468 10/18/2006 LEVI, PORNPEN AP - 00243469 10/18/2006 LIM, HEATHER AP - 00243470 10/18/2006 LINTHICUM, JAMES AP - 00243471 10/18/2006 LITTLE BEAR PRODUCTIONS AP - 00243471 10/18/2006 LITTLE BEAR PRODUCTIONS AP - 00243472 10/18/2006 LIVE OAK DOG OBEDIENCE AP - 00243473 10/18/2006 LORDAN, WILLIAM AP - 00243474 10/18/2006 MACDONALD, MICHELE AP - 00243475 10/18/2006 MAGRUDER, KAREN AP - 00243476 10/18/2006 MAIN STREET SIGNS AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00243478 10/18/2006 MARIPOSA HORTICULTURAL ENT INC User: VLOPEZ - Veronica Lopez Page: 18 Report: CK _AGENDA_REG ]ORTRAIT _ RC - CK: Agenda Check Register Portrait Layout 160.00 840.00 106.42 700.00 225.00 142.50 10.00 30.00 370.50 323.25 967.65 2,920.65 1,141.86 567.67 4,411.44 3,681.56 8,967.03 130.61 16,524.18 366.90 5,175.04 408.50 5,078.68 136.74 19,792.32 3,626.98 10,306.11 1,846.77 5,317.37 3,854.59 2,042.40 639.37 338.78 302.09 260.93 75.35 520.63 3,464.17 9,843.47 1,763.87 803.53 1,090.61 4,668.58 2,789.17 6,070.93 16,544.01 9,388.48 841.29 4,887.97 542.19 6,356.24 541.03 3,567.55 13,753.96 Current Date: 10/25/200 Time: 15:52:5 Check No. AP - 00243479 AP - 00243480 AP - 00243481 AP - 00243482 AP - 00243483 AP - 00243484 AP - 00243485 AP - 00243487 AP - 00243488 AP - 00243489 AP - 00243489 AP - Q0243489 AP - 00243490 AP - 00243491 AP - 00243492 AP - 00243492 AP - 00243493 AP - 00243494 AP - 00243496 AP - 00243496 AP - 00243496 AP - 00243496 AP - 00243497 AP - 00243498 AP - 00243499 AP - 00243499 AP - 00243499 AP - 00243499 AP - 00243500 AP - 00243501 AP - 00243501 AP - 00243502 AP - 00243503 AP - 00243503 AP - 00243504 AP - 00243505 AP - 00243507 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 AP - 00243508 CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 10/11/2006 through 10/24/2006 P19 Check Date Vendor Name Amount 10/18/2006 MARK CHRISTOPHER INC 10/18/2006 MARSHALL, SYLVIA 10/18/2006. MARTIN, DONALD 10/18/2006 MASTERCRAFT HOMES 10/18/2006 MCKIBBIN, ANDREA 10/18/2006 MCRAE, JANET 10/18/2006 MEDEROS, MIGUEL 10/18/2006 MERRILL, JANET GOLDMAN 10/18/2006 MILLS, CAREY 10/18/2006 MOBILE MODULAR MANAGEMENT CORP 10/18/2006 MOBILE MODULAR MANAGEMENT CORP ,10/18/2006 MOBILE MODULAR MANAGEMENT CORP 1011812006 MOE, JOHN 10/18/2006 MORRIS,RICHARD 10/18/2006 MOUNTAIN VIEW SMALL ENG REPAIR 10/18/2006 MOUNTAIN VIEW SMALL ENG REPAIR 10/18/2006 MOUSER, CYNTHIA I 0/18/2006 MORRAY & ASSOCIATES, BOB 10/18/2006 NAPA AUTO PARTS 10/18/2006 NAPA AUTO PARTS 10/18/2006 NAPA AUTO PARTS 10/18/2006 NAPA AUTO PARTS 10/18/2006 NATIONAL ARBOR DAY FOUNDATION 10/18/2006 NATIONAL DEFERRED 10/18/2006 NATIONS RENT 10/1812006 NATIONS RENT 10/18/2006 NATIONS RENT 10/18/2006 NATIONS RENT 10/18/2006 NICHOLS, GARY 10/18/2006 NICOLS, KRlSTIE 10/18/2006 NICOLS, KRlSTIE 10/18/2006 NIKPOUR, MOHAMMED 10/18/2006 NINYO AND MOORE GEOTECHNICAL 10/18/2006 NINYO AND MOORE GEOTECHNICAL 10118/2006 NORTH AMERICAN EVENT MANAGEMENT 10/18/2006 NORTH AMERICAN EVENT MANAGEMENT 10/18/2006 NPI PRODUCTION SERVICES INC 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 10/18/2006 OFFICE DEPOT 124.60 1,652.70 100.00 259,228.41 70.93 64.00 20.45 320.00 734.40 170.30 1,706.99 -657.00 432.00 225.00 588.29 159.80 36.03 2,376.55 72.31 16.57 169.93 406.57 15.00 30,191.55 70.04 999.92 986.09 497.09 1,207.50 278.44 71.33 96.00 2,767.00 3,338.50 4,874.89 4,874.89 62,143.00 719.21 274.47 14.08 24.66 269.36 102.56 93.60 49.65 73.92 1.98 94.29 91.26 529.25 114.23 140.95 191.96 697.07 Current Date: 10/25/200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page: 19 Report:CK~AGENDA_REG]ORTRAIT~RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00243508 AP - 00243508 AP - 00243509 AP - 00243509 AP - 00243509 AP - 00243510 AP - 00243511 AP - 00243511 'AP - 00243511 AP - 00243511 AP - 00243512 AP - 00243513 AP - 00243513 AP - 00243514 AP - 00243514 AP - 00243514 AP - 00243514 AP - 00243514 AP - 00243515 AP - 00243516 AP - 00243517 AP - 00243518 AP - 00243519 AP - 00243519 AP - 00243520 AP - 00243520 AP - 00243521 AP - 00243522 AP - 00243522 AP - 00243523 AP - 00243524 AP - 00243525 AP - 00243527 AP - 00243528 AP - 00243530 AP - 00243531 AP - 00243531 AP - 00243532 AP - 00243533 AP - 00243534 AP - 00243535 AP - 00243536 AP - 00243537 AP - 00243538 AP - 00243539 AP - 00243540 AP - 00243541 AP - 00243542 AP - 00243543 AP - 00243544 AP - 00243545 AP - 00243545 AP - 00243546 AP - 00243549 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10/2412006 P20 Check Date Vendor Name Amount 10/1812006 OFFICE DEPOT 10/1812006 OFFICE DEPOT 10/18/2006 ON VINEYARD LLC 10118/2006 ON VINEYARD LLC 10/18/2006 ON VINEYARD LLC 10/18/2006 ONEIL, KlMBERL Y 10/18/2006 ONE SOURCE DISTRIBUTORS INe. 10/18/2006 ONESOURCE DISTRIBUTORS INe. 10/18/2006 ONESOURCE DISTRIBUTORS INC. 10/18/2006 ONESOURCE DISTRIBUTORS INe. 10/1812006 ONTARIO ICE SKATING CENTER 10/18/2006 ONTARIO WINNELSON CO 10/1812006 ONTARIO WINNELSON CO 10/18/2006 ORCHARD SUPPLY HARDWARE 10/18/2006 ORCHARD SUPPLY HARDWARE 10/1812006 ORCHARD SUPPL Y HARDWARE 10/18/2006 ORCHARD SUPPLY HARDWARE 10/1812006 ORCHARD SUPPLY HARDWARE 10/18/2006 OTSUKA, DENNIS 10/1812006 PAL CAMPAIGN 10/18/2006 PANDA DEVELOPMENT AND CONSTRUCTION ( 10/18/2006 PANDA DEVELOPMENT AND CONSTRUCTION ( 10/18/2006 PARAGON BUILDING PRODUCTS INC 10/1812006 PARAGON BUILDING PRODUCTS INC 10/18/2006 PARS 10/1812006 PARS 10/1812006 PATTON SALES CORP 10/1812006 PENNY, JANE 10/18/2006 PENNY, JANE 10/1812006 PEP BOYS 1011812006 PERVO PAINT CO 10/18/2006 PETES ROAD SERVICE INC 10/1812006 PHONG, BRYAN 10/18/2006 PIEDRA, SUGEY 10/18/2006 PITASSI ARCHITECTS INC 10/1812006 POMA DISTRIBUTING CO 10118/2006 POMA DISTRIBUTING CO 10/1812006 POMONA INLAND VALLEY COUNCIL OF CHURl 10/1812006 POMONA PRINT STOP 10/18/2006 POUR AND STEINLE INC. 10/1812006 POWER PLUS 10/1812006 PRE-PAID LEGAL SERVICES INC 10/1812006 PRECISION GYMNASTICS 10/18/2006 PRINCETON REVIEW, THE 10/1812006 QUINTANA, ZITA 10/18/2006 RAMOS, GRETTA 10/18/2006 RANCHO CUCAMONGA CHAMBER OF COMMEI 10/18/2006 RANCHO CUCAMONGA EXPLORER POST # 539 10/18/2006 RANCHO CUCAMONGA FAMILY YMCA 10/18/2006 RAYA, RACHEL 10/1812006 REM LOCK AND KEY SERVICE 10/1812006 REM LOCK AND KEY SERVICE 10/1812006 RED WING SHOE STORE 10/18/2006 RELIABLE GRAPHICS 3.58 66.98 2,750.00 1,208.00 10,000.00 95.00 80.49 53.55 403.55 361.48 1,209.60 10.03 484.88 1,532.51 52.30 431.98 265.69 444.33 54.00 107.39 105,263.32 82,667.28 .29.90 22.63 3,500.00 3,500.00 77.60 28.26 43.73 37.66 93.70 18.00 100.00 '100.00 740.00 11,293.70 8,519.81 1,750.02 791.96 24,334.97 25.00 330.30 2,580.90 136.00 193.00 417.60 200.00 4,000.00 2,500.00 99.00 68.96 96.98 187.46 49.82 Current Date: 10/25/200 Time: 15:52:5 User: VLOPEZ - Veronica Lopez Page: 20 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA Al!.enda Check Rel!.ister 10/1112006 through 10/24/2006 P21 Check No. Check Date Vendor Name Amount AP - 00243550 10/18/2006 REYES, SOPHIA AP - 00243552 10/18/2006 RODAMAKER, ANDREW AP - 00243553 10/18/2006 RONQUILLO, FRANCISCO AP - 00243554 10/18/2006 S C STAFFING SOLUTIONS AP - 00243556 10/18/2006 SAFEWAY SIGN COMPANY AP - 00243557 10/1812006 SALAZAR, EVIE AP - 00243558 10/18/2006 SALlDO, LUCY AP - 00243559 10/18/2006 SAN ANTONIO MATERIALS AP - 00243559 10/18/2006 SAN ANTONIO MATERIALS AP - 00243560 10/18/2006 SAN BERNARDINO COUNTY AP - 00243561 10/18/2006 SAN BERNARDINO COUNTY AP - 00243562 10/1812006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00243562 10/18/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00243563 10/18/2006 SCOTT, DIANA AP - 00243565 10/18/2006 SHEPHERD, SHARON AP - 00243566 10/18/2006 SHERIFFS COURT SERVICES AP - 00243567 10/18/2006 SHERIFFS COURT SERVICES AP - 00243568 10/18/2006 SILVER, EDNA AP - 00243568 10/18/2006 SILVER, EDNA AP - 00243569 10/18/2006 SIMPLOT PARTNERS AP - 00243569 10/18/2006 SIMPLOT PARTNERS AP - 00243569 10/18/2006 SIMPLOT PARTNERS AP - 00243569 10/18/2006 SIMPLOT PARTNERS AP - 00243569 10/18/2006 SIMPLOT PARTNERS AP-00243569 10/18/2006 SIMPLOTPARTNERS AP - 00243570 10/18/2006 SO CALIF GAS COMPANY AP - 00243570 10/1812006 SO CALIF GAS COMPANY AP - 00243570 10/1812006 SO CALIF GAS COMPANY AP - 00243570 10/18/2006 SO CALIF GAS COMPANY AP - 00243571 10/18/2006 SOUTH COAST AQMD AP - 00243571 10/18/2006 SOUTH COAST AQMD AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON User: VLOPEZ - Veronica Lopez Page: 21 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 500.00 500.00 250.00 28.50 2,684.88 78.31 110.00 371.18 227.98 39.49 211.00 1,837,103.15 19,604.85 375.00 64.00 135.00 69.92 520.00 520.00 390.83 84.05 1,624.87 1,616.25 1,218.65 2,404.33 64.90 96.88 224.99 43.24 71.64 90.08 14.95 13.24 13.66 14.85 12.98 11.96 13.06 12.88 121.52 65.45 63.57 13.83 121.07 54.70 13.66 15.13 14.26 26.36 91.00 88.33 11.96 11.96 58.56 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through ]0/24/2006 P22 Check No. Check Date Vendor Name Amount AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 ]0/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/]8/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/]8/2006 SOUTHERN <:;ALIFORNIA EDISON AP - 00243575 ]0/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/]8/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 ]0/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 ]0/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 ] 0/1812006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/1812006 SOUTHERN CALIFORNIA EDISON User: VLOPEZ - Veronica Lopez Page: 22 Report:CK _AGENDA_REG ]OR TRAIT _ RC - CK: Agenda Check Register Portrait Layout 54.07 11.96 12.82 13.66 11.96 12.38 13.42 120.83 128.34 12.13 35.72 13.24 14.43 14.85 11.96 13.66 90.25 13.66 14.09 14.16 28.74 78.60 131.16 93.50 12.46 52.00 128.40 13.66 12.82 12.13 13.51 12.98 96.40 1,217.09 25.91 12.46 88.07 38.61 187.28 99.57 0.32 78.02 208.60 12.64 560.38 156.85 12.55 55.05 66.58 12.38 26.10 14.09 52.97 19.06 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/11/2006 through 10/24/2006 P23 Check No. Check Date Vendor Name Amount AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN. CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243575 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 . 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNIA EDISON AP - 00243576 10/18/2006 SOUTHERN CALIFORNL>\ EDISON AP - 00243577 10/18/2006 SOUTHERN CALIFORNL>\ LANDSCAPE INC AP - 00243577 10/18/2006 SOUTHERN CALIFORNIA LANDSCAPE INC AP - 00243578 10/18/2006 SOUTHERN CALIFORNIA LANDSCAPE INC User: VLOPEZ - Veranica Lopez Page: 23 Report:CK _AGENDA_REG _PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout 1,248.90 1,120.83 83.82 143.02 15.28 14.09 13.66 14.09 13.66 20.33 35.44 95.50 242.18 123.04 13.66 13.66 18.11 39.51 21.36 100.71 42.76 20.89 21.22 18.01 20.62 1,336.57 530.25 289.19 52.09 14.09 2.02 4.60 63.95 56.30 96.69 19,429.89 14,992.80 12,120.96 4,212.90 2,868.6752,727.75 44.24 181.47 49,466.60 10,061.94 873.70 99.86 29.48 3,091.63 7,937.42 814.49 25,000.00 -300.00 3,000.00 Current Date: 10/25/200 Time: 15:52:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/1112006 through 10/2412006 P24 Check No. Check Date Vendor Name Amount AP-00243579 10/18/2006 SPEEDWAYMUFFLERINC AP - 00243580 10/1812006 STARBUCKS COFFEE AP - 00243581 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243582 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243583 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243584 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243585 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243586 10/1812006 STATE DISBURSEMENT UNIT AP - 00243587 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243588 1 0/1812006 STATE DISBURSEMENT UNIT AP - 00243589 10/18/2006 STATE DISBURSEMENT UNIT AP - 00243590 10/18/2006 STEELWORKERS OLDTIMERS FOUNDATION AP - 00243591 10/18/2006 STEINY AND COMPANY INC AP - 00243591 10/18/2006 STEINY AND COMPANY INC AP - 00243592 10/1812006 STERICYCLE INC AP - 00243593 10/18/2006 STOFA, JOSEPH AP - 00243594 10/18/2006 STONEFIELD DEVELOPMENT AP - 00243595 10/18/2006 SUNRISE FORD AP - 00243595 10/18/2006 SUNRISE FORD AP - 00243596 10/18/2006 SWEDA, SHANNON AP - 00243597 1 0/1812006 TARGET SPECIALTY PRODUCTS AP - 00243599 10/1812006 TERRY, DONNA AP - 00243600 10/1812006 TOMARK SPORTS INC AP - 00243600 10/18/2006 TOMARK SPORTS INC AP - 00243600 10/1812006 TOMARK SPORTS INC AP - 00243600 10/18/2006 TOMARK SPORTS INC AP - 00243602 10/18/2006 TRUJILLO, JUAN CARLOS AP - 00243603 10/18/2006 UNIFIRST UNIFORM SERVICE AP - 00243603 10/18/2006 UNIFIRST UNIFORM SERVICE AP - 00243603 10/18/2006 UNIFIRST UNIFORM SERVICE AP - 00243603 10/18/2006 UNIFIRST UNIFORM SERVICE AP - 00243604 10/18/2006 UNITED SITE SERVICES OF CA INC AP - 00243605 10/18/2006 UNITED WAY AP - 00243606 10/1812006 UPLAND TENNIS CLUB AP - 00243607 10/18/2006 UPS AP - 00243607 10/18/2006 UPS AP - 00243608 10/18/2006 URBANO, VERNIE AP - 00243609 10/1812006 US IDENTIFICATION MANUAL AP - 00243613 10/1812006 VARNEY, SUSAN AP - 00243614 10/18/2006 VERNON, CITY OF AP - 00243615 10/18/2006 VICTOR MEDICAL COMPANY AP - 00243615 10/1812006 VICTOR MEDICAL COMPANY AP - 00243615 10/18/2006 VICTOR MEDICAL COMPANY AP - 00243616 10/18/2006 VIGILANCE, TERRENCE AP - 00243616 10/18/2006 VIGILANCE, TERRENCE AP - 00243616 10/18/2006 VIGILANCE, TERRENCE AP - 00243617 10/18/2006 VIOLETTE, KAMELIA AP - 00243618 10/18/2006 VOLM, LIZA AP - 00243619 10/1812006 WALTERS, ANNEKA AP - 00243620 10/18/2006 WARD, DESIREE AP - 00243621 10/1812006 WASHINGTON, RHONDA AP - 00243622 10/1812006 WAXIE SANITARY SUPPLY AP - 00243622 10/18/2006 WAXIE SANITARY SUPPLY AP - 00243622 10/18/2006 W AXlE SANITARY SUPPLY User: VLOPEZ - Veronica Lopez Page: 24 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 73.02 75.00 218.75 200.00 33.50 382.50 271.50 420.50 213.50 250.00 100.00 708.33 8,833.75 -883.38 324.01 14.00 609.26 173.04 86.65 216.00 2,441.79 323.40 -7.50 219.72 156.24 638.28 250.00 60.63 23.57 147.00 836.81 182.34 . 383.82 2,230.80 27.90 88.46 672.00 88.48 1,000.00 64,320.00 721.93 2,560.51 973.13 1,800.00 1,850.00 1,950.00 48.00 112.50 250.00 452.50 48.00 524.63 417.21 132.59 Current Date: 10/25/200 Time: 15:52:5 Check No. AP - 00243622 AP - 00243622 AP - 00243622 AP - 00243623 AP - 00243624 AP - 00243625 AP - 00243626 AP - 00243627 AP - 00243627 AP - 00243628 AP - 00243629 AP - 00243629 AP - 00243629 AP - 00243631 AP - 00243632 AP - 00243633 AP - 00243634 AP - 00243635 AP - 00243636 AP - 00243636 AP - 00243636 AP - 00243637 AP - 00243638 AP - 00243639 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 10/11/2006 through 10/24/2006 Check Date Vendor Name P25 Amount 166.17 296.77 202.26 520.00 884.50 3,000.00 438.75 34.33 . 37.78 71.00 522.59 694.99 290.93 64.00 1,000.00 8.00 158.40 2,288.88 135.00 195.00 195.00 100.00 100.00 150.00 4,324,880.05 4,324,880.05 10/18/2006 WAXIE SANITARY SUPPLY 10118/2006 WAXIE SANITARY SUPPLY 1011812006 WAXIE SANITARY SUPPLY 10118/2006 WEIR, JEWELL 10/18/2006 WEST COAST SAND AND GRAVEL INC 1011812006 WEST VALLEY SENIOR CONCERN 10118/2006 WESTCOAST MEDIA 10/1812006 WESTRUX INTERNATIONAL INC 10118/2006 WESTRUX INTERNATIONAL INC 10/1812006 WHITEHEAD, LINDA 1011812006 WHITTIER FERTILIZER 10118/2006 WHITTIER FERTILIZER 10118/2006 WHITTIER FERTILIZER 1011812006 YANG,MIRA 10/1812006' YEAGER ~K.ANSKA INC 10118/2006 YEE, LARRY 1011812006 ZAILO, ROBERT 10/18/2006 ZEP MANUFACTURING COMPANY 10/18/2006 ZIRGES, ARLENE 10118/2006 ZIRGES, ARLENE 10/18/2006 ZIRGES, ARLENE 10/18/2006 ROSAS, LIRlO 10/1812006 YANCY, MICHELLE 10/19/2006 OTSUKA, DENNIS Total for Check ID AP: Total for Entity: User: VLOPEZ - Veronica Lopez Page: 25 Report:CK _AGENDA_REG _PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout Current Date: 10/251200 Time: 15:52:5 P26 STAFF REpORT ENGIC-:EERING DEP_WDIENT Date: To: From: By: Subject: RANCHO CUCAMONGA November 1, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer ,/ Cindy Hackett, Associate Engineer<~ APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF THE UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASES I AND II, TO BE FUNDED FROM ACCOUNT NO. 11763035650/1309176 (MEASURE "I" FUNDS), 11123035650/1390112 (DRAINAGE FACILITIES FUNDS) AND 26608015650/1390660 (2004 TAX ALLOCATION BOND FUNDS) RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the Upper Cucamonga Storm Drain and Street Widening Improvements - Phases I and II, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Upper Cucamonga Storm Drain Improvement and Street Widening Improvements - Phases I and II scope of work in general consists of, but is not limited to, the upsizin9 of the existing drainage facility that runs along the north side of the Southern Pacific Railroad right-of-way east of Vineyard Avenue to just east Hellman Avenue. The proposed construction wouid consist of the instaIiation of 631 I.f. of 120" RCP (reinforced concrete pipe) to connect to the existing 102" RCP in Vineyard Avenue and install 731 I.f. of 78" RCP to connect to the existing 78" RCP in the S.P.R..R.. RNJ and install 50 I.f. of reinforced concrete transition structure to connect to the trapezoidal channel. Upsize the existing trapezoidal channel (b=7', h=6', z=1') by removing it and replacing it with 1970 I.f. of reinforced concrete trapezoidal channel (b=10.6', h-10', z=0.67'), 1452 I.f. of 10'Xl0' reinforced concrete box and 401.f. of 90" RCP. Construction also includes the instaliation of pertinent inlet structures and laterals and the widening of Hellman Avenue at the S.P.R.R. R/W. The existing 102" RCP in Vineyard Avenue and the existing 78" in the railroad R/W connect to the Cucamonga Channel. This project wili not modify any existing connection to the Cucamonga Channel. The project is to be funded from Transportation funds, Account No. 11763035650/1309176 (Measure "I" Fund.s), Account No. 11123035650/1390112 (Drainage Facilities Funds) and Account No: 26608015650/1390660 (2004 Tax Allocation Bond Funds). Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. P27 CITY COUNCIL STAFF REPORT Re: Upper Cucamonga Storm Drain and Street Widening Improvements- Phases I and il November 1, 2006 Page 2 The Engineer's estimate for the Upper Cucamonga Storm Drain Improvement and Street Widening Improvements - Phases I and II is $4,500,000. Legal advertising is scheduled for November 7 and November 21, 2006, December 5, 2006 with bid opening at 2:00 p.m. on Tuesday, December 12, 2006. Respectfully submitted, . ~ . \- /letll1AJ ) William J. O'Neil City Engineer WJO:CH Attachment P28 RESOLUTION NO. 610 -33 / A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR "UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASES I AND II" IN SAiD CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASES I AND II". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposais for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 12, 2006, sealed bids or proposals for the "UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASES I AND II" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASES I AND II". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the generai prevailing rate of per diem wages for work of a similar character in the iocality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. P29 RESOLUTION NO. November 1, 2006 Page 2 Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except A. When unemployment in the area of coverage by the joint apprenticeship cOmmittee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B.' When the number of apprentices in training in the area exceeds a ratio of one to five, or C. . When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not iess than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shali comply with the requirements of Sections 1777.5 and 1777.6 in the empioyment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of iabor shall constitute a legal day's work for all workmen ernployed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. P30 RESOLUTION NO. November 1, 2006 Page 3 The Contractor shali forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each iaborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the iowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a fai\hfui performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will aiso be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. Copies of the plans and specifications, available at the office of the City Engineer, Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $50.00 (FIFTY DOLLARS), said $50.00 (FIFTY DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be P31 RESOLUTION NO. November 1, 2006 Page 4 mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. in accordance with the requirements of Section 9-3.2 of the Generai Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "UPPER CUCAMONGA STORM DRAIN . AND STREET WIDENING IMPROVEMENTS - PHASES I AND II" may be directed to: Cindy Hackett, Associate Engineer at (909) 477-2740, ex!. 4066 By order of the Council of the City of Rancho Cucamonga, California. Dated this 1 st day of November, 2006 Publish Dates: November 7,2006, November 21,2006 and December 5,2006 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 1 st day of November, 2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 1 st day of November, 2006. Executed this 1st day of November, 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: November 7, 2006, November 21, 2006 and December 5, 2006 P32 UPPER CUCAMONGA STORM DRAIN AND STREET WIDENING IMPROVEMENTS PHASE 1 AND 2 PROJECT SITE w 5 :I: u '" ..: W :I: ~ CITY OF RANCHO CUCAMONGA VICINITY MAP ~ NTS P33 STAFF REpORT ENGINEERlNG DEP.\RnIENT Date: November 1, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Ken Fung, Assistant Engineer Subject: APPROVAL TO APPROPRIATE $165,000 TO FUND 124 (TRANSPORTATION - ACCOUNT NO. 11243035650/1515-124-0) AND APPROVAL FOR AWARD AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $149,750.00 TO AEI-CASC ENGINEERING, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $14,975.00, FOR ENVIRONMENTAL DOCUMENTS AND PRELIMINARY ENGINEERING SERVICES FOR WILSON AVENUE EXTENSION - EAST AVENUE TO WARDMAN-BULLOCK ROAD PROJECT, TO BE FUNDED FROM FUND 124 - TRANSPORTATION, ACCOUNT NO. 11243035650/1515-124-0 RECOMMENDATION It is recommended the City Council approve an appropriation of $165,000 to Fund 124, and approve an award and execution of a Professional Services Agreement in the amount of $149,750 to AEI-CASC Engineering, Inc., and authorize the expenditure of a 10% contingency in the amount of $14,975 for Environmental Documents and Preliminary Engineering Services for the Wilson Avenue extension - East Avenue to Wardman-Bullock Road project. BACKGROUND/ANAL YSIS Over the years, the Etiwanda area of this City has experienced tremendous growth. The addition of so many new residents has highlighted a need for more direct access to the 1-15 Freeway. At present, Etiwanda residents must drive to Banyan Street, turn east to Wardman-Bullock Road, north to Wiison Avenue then east on WilsonlSummit Avenue to reach the 1-15 Freeway. Once completed, the extension of Wilson Road from East Avenue to Wardman-Bullock Road would greatly shorten the drive to the 1-15 Freeway. An added benefit would be that traffic along Banyan Street, especially near Etiwanda Colony Elementary School and Summit Intermediate Junior High School, would be greatly reduced in the morning. Likewise, the firefighters and paramedics of Fire Station #6 would be able to respond quicker to emergency calls from Etiwanda residents living east of Etiwanda Creek. Unfortunately, this portion of Wilson Avenue must cross over Etiwanda Creek. Even though Etiwanda Creek is a fully improved, concrete lined channel, it is still considered "waters of the United States". As such, a formal Environmental Impact Report and a multitude of national and state permits are required. AEI-CASC Engineering, Inc. was selected because they provided full environmental and engineering design services to the San Bernardino County Flood Control District P34 CITY COUNCIL STAFF REPORT Re: Professional Services Agreement with AEI-CASC November 1, 2006 Page 2 (SBCFCD) for SBCFCD's improvements of the Etiwanda Creek Channel and the Etiwanda Debris Basin. As such, their unique experience on those facilities has established them as the best qualified for this work. AEI-CASC's familiarity with this area and its unique circumstances should greatly shorten the preparation time for a formal Environmental Impact Report. Likewise, AEI- CASC's experience should also be helpful in obtaining the necessary national and state permits. The preparation and approval of the environmental documents and preliminary design is expected to be a two-year process. Respectfuily submitted, -, . \ /It ({I{Ji-U/ , Wiiliam J. O'Neil City Engineer WJO:KF Attachment CHURCH . " 5 j i JERSEYBl i 6T101ST nJ 1THS 7HST \ 6THST STHS ,~ , nJ i ! '-.._n_n_n_n ~ j \ \ \ '\ , 0 HIllSIERD ~ . , " ffi. t BANYA ST . , ~ 19TH \ " r\ /V- I ) 0 ~ , , . ~ . . "' c , . ~ ~OON P P35 HlSIDERD WILSON A "-"-'1 i i .oj BAN NST' '2,00 P ,12tOF ,<, , , ~ ; ! BASLlNERD . " . Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. I i ,I I oi ~i g, ~! 'I ---T--------------E --"'~~-"'------ -----~-----.--------- I I -1'" i i \ i ,i \ i Ii , 'I .~ I ' ! I ;' Ii ./ , / ----,--------------,---------------------- i i i i i i Vicinity Map Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. P36 '--..- -_._~- ~ RANCHO CUCAMONGA f1R~ PROT~CTION DIJlTRICT Staff Report DAlE: TO: FROM: BY: November 1, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Peter M. Bryan, Fire Chief Mike Bell, Deputy Fire Chief Dawn Haddon, Purchasing Manager Pamela J. Pane, Management Analyst II APPROVAL TO ACCEPT GRANT REVENUE FOR FIRE PROTECTION DISTRICT OPERATIONS IN THE AMOUNT OF $34,750.00 AWARDED BY THE DEPARTMENT OF HOMELAND SECURITY (HOMELAND SECURITY GRANT 2005), ADMINISTERED BY THE STATE OF CALIFORNIA AND SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES INTO ACCOUNT NO. 1380000-4740 (GRANT INCOME); AND AUTHORIZATION TO APPROPRIATE $30,130.00 INTO ACCOUNT NO. 1380501-5207 (O&M- CAPITAL SUPPLIES) AND $4,620.00 INTO ACCOUNT NO. 1380501-5605 (CAPITAL OUTLAY-COMPUTER EQUIP); AND APPROVAL FOR THE US COMMUNITIES CONTRACT PIGGYBACK PURCHASE OF A PANASONIC TOUGHBOOK FROM GTSI CORP. IN THE AMOUNT OF $4,620.00 FROM ACCOUNT NO. 1380501-5605 AND APPROVAL FOR THE SINGLE SOURCE LA COUNTY PIGGYBACK PURCHASE OF MOTOROLA RADIOS AND ACCESSORIES FROM MOTOROLA COMMUNICATIONS IN THE AMOUNT OF $16,020.00 FUNDED ACCOUNT NO. 1380501-5207, AND APPROVAL TO AWARD THE PURCHASE OF BENDIX KING RADIOS AND ACCESSORIES FROM KR NIDA COMPANIES IN THE AMOUNT OF $14,110.00 FROM ACCOUNT NO. 1380501-5207 RECOMMENDATION SUBJECT: It is recommended that the City Council approve the acceptance of grant revenue for Fire Protection District operations in the amount of $34,750.00 awarded by the Department of Homeland Security (Homeland Security Grant 2005), administered by the State of California and San Bernardino County Office of Emergency Services, into Account No. 1380000-4740 (Grant Income); and authorization to appropriate $30,130.00 into Account No. 1380501-5207(O&M-Capital Supplies) and $4,620.00 into account no. 1380501-5605 (Capital Outlay-Computer Equip); and approval for the piggyback purchase of a Panasonic P37 Page 2 November 1, 2006 Approval for Homeland Security Grant 2005 Toughbook from GTSI Corp. in the amount of $4,620.00 from Account No. 1380501-5605 and approval for the single source piggyback purchase of Motorola radios and accessories from Motorola Communications in the amount of $16,020.00 funded Account No. 1380501- 5207, and approval to award the purchase of Bendix King radios and accessories from KR Nida Companies in the amount of $14,110.00 from Account No. 1380501-5207. The grant is 100% funding with no matching funds required. BACKGROUND The Fiscal Year 2005 State Homeland Security Program (SHSP '05) provides funds to enhance the capability of State and local units of government to prevent, deter, respond to, and recover from incidents of terrorism. The SHSP '05 grant funds will be used to purchase a Panasonic Toughbook for the HazMat unit that was previously purchased with Homeland Security Grant 2003 funds and new radios and accessories for District operations. The District provided the equipment list and specifications to Purchasing. After review and approval, Purchasing obtained a quote for the Toughbook based on US Communities contract pricing from GTSI, and pricing for the Motorola radios was based on a piggyback purchase on the County of Los Angeles contract, to include the various radios, and accessories with acceptable terms and conditions and represents the best price currently available. Purchases of the Motorola radio products are direct from Motorola and the single source was previously approved and is on file in the Purchasing Division, The Bendix King radios were quoted through an informal quoting process with KR Nida Companies being the lowest, responsible vendor. Respectfully submitted, ~~~ Peter M. Bryan Fire Chief - 2- P38 Date: November 1, 2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Pete Ortiz, Chief of Police By: Scott Mesa, Lieutenant Dawn Haddon, Purchasing Manager STAFF REpORT RANrno CUCAMONGA POLICE DEPARTMENT Subject: APPROVAL TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $40,928.41 INTO ACCOUNT NO. 1381000-4710 (GRANT INCOME) AWARDED BY THE DEPARTMENT OF HOMELAND SECURITY (HOMELAND SECURITY GRANT 2005), ADMINISTERED BY THE STATE OF CALIFORNIA AND SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES, AND AUTHORIZATION FOR THE PURCHASE OF ONE (1) CHEVROLET 4 X 4 SUBURBAN FROM MARK CHRISTOPHER CHEVROLET AS AN OFF THE LOT PURCHASE, AND AUTHORIZATION TO APPROPRIATE $40,928.41 INTO ACCOUNT NO. 1381701- 5604 (CAPITAL OUTLAY VEHICLES) RECOMMENDATION It is recommended that the City Council approve the acceptance of Grant Revenue in the amount of $ 40,928.41 into account no. 1381000-4740 (Grant Income) awarded by the Department of Homeland Security (Homeland Security Grant 2005), administered by the State of California and San Bernardino County Office of Emergency Services, and authorization for the purchase of one (1) Chevrolet 4 X 4 Suburban from Mark Christopher Chevrolet as an off the lot purchase, and authorization to appropriate $ 40,928.41 into account no. 1381701-5604 (Capital Outlay Vehicles). BACKGROUND The Fiscal Year 2005 State Homeland Security Program provides funds to enhance the capability of state and local law enforcement agencies to prevent, deter, respond to and recover from incidents of terrorism and other catastrophic emergencies. The Suburban will be outfitted with the fleet radio communication systems, computer, printers and other essential items to assist law enforcement in the field in case of emergencies. Purchasing conducted a quick quote among local auto dealerships for an off the lot purchase. After review from the Police Department, 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. P39 STAFF REpORT ENGINEERlNG DEP.\RnIENT Date: November 1, 2006 RANCHO CUCAMONGA To: Mayor and Members ofthe City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Gary Varney, Streets, Fleet and Storm Drains Maintenance Superintendent Subject: APPROVAL OF THE LEASE PURCHASE OF ONE (AZ-480) ASPHALT ZIPPER, AN ASPHALT GRINDING MACHINE, FROM ASPHALT ZIPPER INC. OF AMERICAN FORK, UTAH, IN THE AMOUNT OF $90,000.00 AND APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND LASALLE BANK NATIONAL ASSOCIATION, TO FINANCE THE PURCHASE OF THIS EQUIPMENT OVER A PERIOD OF FIVE YEARS RECOMMENDATION It is recommended that the City Council approve the lease purchase of one (AZ-480) Asphalt Zipper, an Asphalt Grinding Machine, from Asphalt Zipper Inc. of American Fork, Utah, in the amount of $90,000.00 and approve the attached resolution authorizing the execution and delivery of an Equipment Lease/Purchase Agreement between the City of Rancho Cucamonga and LaSalle Bank National Association, to finance the purchase of this equipment over a period of five years BACKGROUND/ANALYSIS Three years ago, staff was seeking a way to cut costs while performing small street maintenance projects and began seeking information on the Asphalt Zipper because of its uniqueness to all other asphalt grinding machines. Unlike these machines, the Asphalt Zipper is not self-propelled, the machine mounts to the front of a Loader Bucket allowing ease and versatility moving the asphalt grinding machine from tight, hard to access small jobs but large enough to perform like the larger, more expensive, self-propelled asphalt grinding machines. As in all grinding machines, the cost saving is recognized in time and material, such as grinding up old deteriorated asphalt roadways and recycling the grinding for other maintenance projects such as: base materials needed in the .repair of streets, the building of temporary sidewalks, parking lots, maintaining roadside shoulders and covering our existing dirt roads. Reusing the material in this manner saves the cost of hauling bulk asphalt spoils to recyclers. The portability and versatility of the Asphalt Zipper makes the machine very unique, and one of kind. Therefore staff is requesting the sole source lease-purchase of this machine. P40 CITY COUNCIL STAFF REPORT November 1, 2006 Page 2 In order to minimize the financial impact of the purchase of this machine, staff is recommending that the equipment be purchased through a lease/purchase agreement with LaSalle Bank National Association. The lease provides for semi-annual payments in arrears at an interest rate of 4.83%. The semi-annual payments will be $10,238.17 beginning six months after the lease is funded. Staff contacted four agencies which provide lease/purchase financing to municipalities. Of these four agencies, two declined due to the dollar amount not meeting their minimum funding threshold. Of the two remaining agencies, LaSalle Bank National Association provided the most competitive rate. The attached resolution authorizes staff to execute the lease/purchase agreement and related instruments with LaSalle Bank National Association. Respectively submitted, : I(~ {~ William J. O'Neil City Engineer WJO:GV P41 RESOLUTION NO. 06- 332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the governing body of the City of Rancho Cucarnonga ("Lessee") has deterrnined that a true and very real need exists for the Equiprnent (the "Equipment") described in the proposed Equipment Lease/Purchase Agreement (the "Agreement") by and between LaSalle Bank National Association, as lessor, and Lessee, as lessee, presented to this meeting; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee reasonably anticipates that it and 'its subordinate units will not issue tax-exempt obligations in the face amount of more than $10,000,000 during the current calendar year; and WHEREAS, Lessee proposes to enter into the Agreement with LaSalle Bank National Association substantially in the proposed form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Agreement in the form presented to this meeting and incorporated in this resolution, are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Agreement is hereby approved. The Mayor of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the officers who execute the Agreement, such approval to be conclusively evidenced by such execution and delivery of the Agreement. The Mayor of Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Agreement and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Agreement. P42 Section 4. Lessee hereby designates the Agreement as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The project to which the original expenditure(s) relates can be generally described as one (AZ-480) Asphalt Zipper, an asphalt grinding machine. The original expenditure(s) will be made from Lessee's general operating account. The maximum principal amount of the obligations expected to be issued for the project is $90,000.00, This resolution is being entered into on or before, or not later than 60 days after, the date on which the original expenditure(s) to be reimbursed will or have been paid. This resolution is intended to be a declaration of official intent within the meaning .of Treasury Regulations Section 1.150-2. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Equipment Lease/Purchase Agreement by and between LaSalle Bank National Association, as lessor, and Lessee, as lessee, is the same as presented at said meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same, 42-1 EQUIPMENT LEASE/PURCHASE AGREEMENT THIS EQUIPMENT LEASE/PURCHASE AGREEMENT ("Agreement") is made as of DATE by and between LASALLE BANK NATIONAL ASSOCIATION ("Lessor") and CITY OF RANCHO CUCAMONGA ("Lessee"), In consideration of the mutual covenants, terms and conditions hereinafter contained, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the property (hereinafter, together with all replacements and accessions thereto, referred to as the "Equipment") generally described in the Preliminary Description of Equipment attached hereto and to be more specifically described in one or more Certificates of Acceptance, in the form attached, to be executed and delivered pursuant hereto, subject to the terms and conditions set forth herein. . This Agreement is made upon the following terms and conditions: 1. TERM. (a) Commencement of Term. This Agreement shall be effective, and the parties' obligations hereunder shall arise, as of the date hereof, The term of lease under this Agreement shall commence on the date on which Lessor deposits into escrow the purchase price anticipated to be required in connection with the acquisition of the Equipment (the "Commencement Date"), irrespective of when the Equipment is accepted by Lessee, and shall terminate on the last business day of Lessee's then current fiscal budget period (such period being hereinafter referred to as the "Original Term"). (b) Renewal of Term. Subject to the provisions of Section 10 hereof and sub-part (e) of this Section, the Original Term will be automatically and successively renewed at the end of the Original Term under the same terms and conditions for successive renewal periods ("Renewal Terms"), with the last of such Renewal Terms to end on the last day of the Full Lease Term, as specified on the Schedule of Payments executed by Lessee and attached hereto (the "Schedule"). (c) Termination of Term. The term of lease will terminate upon the earliest to occur of any of the following events: (1) The expiration of the Original Term or any Renewal Term and the non renewal thereof in accordance with the terms and conditions of this Agreement; (2) The purchase of the Equipment by Lessee under the provisions of Sections 8(c) or 10 of this Agreement; (3) A default by Lessee and Lessor's election to terminate this Agreement under Section 13; or GWW:BETH96:113135.1:10/26/069:10 AM 42-2 (4) The payment by Lessee of all rental payments to be paid by Lessee hereunder with respect to the Equipment. (d) Continuation of Lease Term by Lessee. Lessee intends, subject to the provisions of sub-part (e) of this Section, to continue the term of the lease hereunder through the Original Term and all Renewal Terms for the Full Lease Term and to pay the rental payments hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all rental payments for the Full Lease Term can be obtained and further intends to do all things lawfully within its power to obtain and maintain funds from which the rental payments may be made. (e) Nonappropriation, In the event sufficient funds are not appropriated for the payment of all rental payments required to be paid in the next succeeding Renewal Term, then Lessee may terminate this Agreement at the end of the Original Term or the then current Renewal Term, as the case may be, and Lessee shall not be obligated to make payment of the rental payments provided for in this Agreement beyond the then current term. Lessee agrees to give notice to Lessor of such termination at least sixty (60) days prior to the end of the then current term or, if nonappropriation has not occurred by that date, promptly upon the occurrence of nonappropriation. If this Agreement is terminated under this sub-part, Lessee agrees, at Lessee's sole cost and expense, peaceably to deliver the Equipment to Lessor at such location as is specified by Lessor, in the condition required by Section 5(b) hereof, on or before the effective date of termination. 2. RENTAL PAYMENTS. (a) Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay rental payments hereunder shall constitute a current expense of L~ssee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. (b) Payment of Rental Payments. Lessee shall pay rental payments exclusively from legally available funds, in lawful money of the United States of America, to Lessor in the amounts and on the rental payment due dates set forth in the Schedule without notice, In the event that any rental payment is not received by Lessor on or before the due date therefor, Lessee agrees to pay a late charge determined on the basis of accrued interest on the delinquent amount at the rate of one percent (1 %) per month (or, if such rate is in excess of the maximum rate permitted by law, the maximum rate permitted by law) from the date of delinquency to the date that the rental payment is received by Lessor. (c) Interest and Principal Components. As set forth in the Schedule, a portion of each rental payment is paid as, and represents payment of, interest, and the balance of each rental payment is paid as, and represents payment of, principal. GWW:BETH96:113135.1:10/26/069:10 AM 1 42-3 (d) Rental Payments to be Unconditional. The obligation of Lessee to make rental payments hereunder, and to perform and observe the covenants and agreements contained in this Agreement, shall be absolute and unconditional in all events, except as expressly provided in this Agreement. Lessee shall not assert any right of setoff, counterclaim, or abatement against its obligations hereunder, including (without limitation) by reason of equipment failure, disputes with the vendor(s) or manufacturer(s) of the Equipment or Lessor, accident or any unforeseen circumstances. 3. REPRESENTATIONS AND COVENANTS. OF LESSEE. represents, covenants and warrants to Lessor as follows: Lessee (a) Lessee is a state or political subdivision thereof within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, (the "Code") and will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as such. (b) Lessee is authorized under the Constitution and laws of the STATE to enter into this Agreement and the transactions contemplated hereby and to perform all of its obligations hereunder. (c) Lessee's name as indicated in the opening paragraph and on the signature page of this Agreement is its true, correct, and complete legal name. (d) As evidenced by an attachment hereto, the execution and delivery of this Agreement by or on behalf of Lessee has been duly authorized by all necessary action of the governing body of Lessee, and Lessee has obtained such other approvals and consents as are necessary to consummate this Agreement. Lessee further represents, covenants and warrants that all requirements have been met, and procedures have occurred, necessary to ensure the enforceability of this Agreement against Lessee, and that Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition of the Equipment by Lessee hereunder. (e) Lessee shall cause to be executed and attached hereto an incumbency certificate and an opinion of its counsel in form and substance satisfactory to Lessor. (f) Lessee has determined that a present need exists for the Equipment which need is not temporary or expected to diminish in the near future. The Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity. Lessee shall cause to be executed and attached hereto an Essential Use of Equipment Letter in form and substance satisfactory to Lessor. (g) Within one hundred fifty (150) days of the end of each fiscal year of Lessee during the term hereof, Lessee shall provide Lessor with a copy of its audited financial statements for such fiscal year. Additionally, Lessee shall provide Lessor with GWW:BETH96:113135.1:10f26/069:10 AM 2 42-4 budgets, proof of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue this Agreement as may reasonably be requested by Lessor. (h) The Equipment is, and shall remain during the period this Agreement is in force, personal property and when subject to use by Lessee under this Agreement will not be or become fixtures. (i) Lessee acknowledges that Lessor is acting only as a financing source with respect to the Equipment, which has been selected by Lessee. U) Lessee will promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. (k) Lessee shall pay the excess (if any) of the actual acquisition price of the Equipment over the amount initially deposited by Lessor in escrow and interest earnings thereon. 4. TITLE TO EQUIPMENT; SECURITY INTEREST. (a) Title to the Equipment. During the term of this Agreement, title to the Equipment shall vest in Lessee, subject to the rights of Lessor under this Agreement. I n the event of a default as set forth in Section 13 hereof or nonappropriation as set forth in Section 1 (e) hereof, title shall immediately vest in Lessor. (b) Securitv Interest. To secure the prompt payment and performance as and when due of all of Lessee's obligations under this Agreement, Lessee hereby grants to Lessor a first priority security interest in the Equipment, all replacements, substitutions, accessions and proceeds (cash and non-cash), including the proceeds of all insurance policies, thereof. Lessee agrees that with respect to the Equipment Lessor shall have all of the rights and remedies of a secured party under the Uniform Commercial Code as in effect in the STATE. Lessee may not dispose of any item of the Equipment without the prior written consent of Lessor, notwithstanding the fact that proceeds constitute a part of the Equipment. As further security therefor, Lessee hereby grants to Lessor a first priority security interest in the cash and negotiable instruments from time to time comprising the Escrow Fund (as such term is defined in that certain Escrow Agreement dated as of the date hereof among the financial institution acting as escrow agent, Lessee and Lessor), and all proceeds (cash and non-cash) thereof, and agrees that with respect thereto Lessor shall have all rights and remedies of a secured party under the Uniform Commercial Code as in effect in the STATE. GWW:BETH96:113135.1:10/26/069:10 AM 3 42-5 5. USE AND MAINTENANCE. (a) Use. Lessee shall use the Equipment solely for the purpose of performing one or more governmental functions of Lessee and in a careful, proper and lawful manner consistent with the requirements of all applicable insurance policies relating to the Equipment. Lessee will not change the location of any items of the Equipment as specified in the applicable Certificate of Acceptance without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of equipment in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment. (b) Maintenance. Lessee, at its own expense, will keep and maintain, or cause to be kept and maintained, the Equipment in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use thereof alone excepted, and will provide all maintenance and service and make all repairs reasonably necessary for such purpose. All replacement parts and accessions shall be free and clear of all liens, encumbrances or rights of others and have a value and utility at least equal to the parts or accessions replaced. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. All additions to the Equipment which are essential to its operation, or which cannot be detached without materially interfering with such operation or adversely affecting the Equipment's value and utility, shall immediately be deemed incorporated in the Equipment and subject to the terms of this Agreement as if originally leased hereunder, and subject to the security interest of Lessor. Upon reasonable advance notice, Lessor shall have the right to inspect the Equipment and all maintenance records with respect thereto, if any, at any reasonable time during normal business hours, 6. LIENS. FEES; TAXES; OTHER GOVERNMENTAL AND UTILITY CHARGES; (a) Fees. Lessee shall be liable to reimburse Lessor for, and agrees to hold Lessor harmless from, all titling, recordation, documentary stamp and other fees arising at any time prior to or during the Full Lease Term, or upon or relating to the Equipment or this Agreement. (b) Taxes, Other Governmental CharQes and Utilitv CharQes. The parties contemplate that the Equipment will be used for a governmental purpose of Lessee and that the Equipment will be exempt from all taxes presently assessed and levied with respect to personal property. In the event that the use, possession or acquisition of the Equipment is found to be subject to taxation in any form (except for net income taxes of Lessor), Lessee will pay, as the same come due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied during the Full Lease Term against or with respect to the Equipment, GWW:BETH96:113135.1:-10/26/069:10 AM 4 42-6 as well as all utility and other charges incurred in the operation and use of the Equipment. (c) and clear of all Agreement. Liens. Lessee shall keep the Equipment and the Escrow Fund free liens, levies and encumbrances, except those created under this 7. INSURANCE. (a) Casualtv Insurance. At its own expense, Lessee shall keep the Equipment insured against loss or damage due to fire and the risks normally included in extended coverage, malicious mischief and vandalism, for not less than the Full Insurable Value of the Equipment. As used herein, "Full Insurable Value" means the full replacement value of the Equipment or the Prepayment Amount applicable to the immediately preceding rental payment due date as designated on the Schedule, whichever is greater. All insurance for loss or damage shall provide that losses, if any, shall be payable to Lessor and Lessee, as their interests may appear,' and Lessee shall utilize its best efforts to have all checks relating to any losses delivered promptly to Lessor. If Lessee insures similar properties against casualty loss by self-insurance, with Lessor's prior consent Lessee may satisfy its obligations with respect to casualty insurance hereunder by means of a self-insurance fund reasonably acceptable to Lessor. The Net Proceeds of the insurance required hereby shall be applied as provided in Section 8 hereof. As used herein, "Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim or condemnation award after deduction of all expenses (including attorneys' fees) incurred in the collection of such claim or award. (b) Liabilitv Insurance. Lessee shall also carry public liability insurance, both personal injury and property damage, covering the Equipment in an amount as Lessor may from time to time reasonably require on notice to Lessee. Lessor shall be named as an additional insured with respect to all such liability insurance. With Lessor's prior consent, Lessee may satisfy its obligations with respect to liability insurance hereunder by maintaining a funded self-insurance plan. (c) Worker's Compensation. Lessee shall carry worker's . compensation insurance covering all employees working on, in, near or about the Equipment, or demonstrate to the satisfaction of Lessor that adequate self-insurance is provided, and shall require any other person or entity working on, in, near or about the Equipment to carry such coverage throughout the Full Lease Term. (d) General Requirements. All insurance required under this Section 7 shall be in form and amount and with companies reasonably satisfactory to Lessor except as otherwise expressly provided herein. Lessee shall pay the premiums therefor and deliver to Lessor the policies of insurance or duplicates thereof, or other evidence satisfactory to Lessor of such insurance coverage, annually throughout the Full Lease Term. Each insurer shall agree, by endorsement upon the policy or policies issued by it or by independent instrument furnished to Lessor, that (a) it will give Lessor thirty (30) days' prior written notice of the effective date of any material alteration or cancellation of GWW:BETH96:113135.1 :10/26/069:10 AM 5 42-7 such policy; and (b) insurance as to the interest of any named additional insured or loss payee other than Lessee shall not be invalidated by any actions, inactions, breach of warranty or conditions or negligence of Lessee with respect to such policy or policies. 8. RISK OF LOSS; DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS. (a) Risk of Loss. Lessee assumes all risk of loss of or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment, defect therein, or unfitness or obsolescence thereof, shall relieve Lessee of its obligation to make rental payments or perform any other obligations hereunder, (b) Damaqe. Destruction and Condemnation. If prior to the termination of the Full Lease Term (1) the Equipment or any portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty; or (2) title to, or the temporary use of, the Equipment or any part thereof or the estate of Lessee or Lessor in the Equipment or any part thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority; Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to Lessee's obligations pursuant to sub-part (c) of this Section. (c) Use of Net Proceeds. Provided the Equipment is not deemed to be a total loss, Lessee shall, at its expense (subject to application of the Net Proceeds), cause the prompt repair, replacement or restoration of the affected Equipment. In the event that the Equipment is totally destroyed or damaged and Lessee is unable to make arrangements satisfactory to Lessor for the prompt replacement thereof, Lessee shall pay to Lessor, on the rental payment due date next succeeding the date of such loss, the Prepayment Amount applicable to such rental payment due date plus the rental payment due on such date and any other amounts then payable by Lessee hereunder. Upon such payment, the term of the lease and the security interest of Lessor in the Equipment shall terminate, and Lessee will acquire full and unencumbered title to the Equipment as provided in Section 10 hereof. If Lessee is not then in default hereunder, any portion of the Net Proceeds in excess of the amount required to pay in full Lessee's obligations as set forth in this sub-part (c) shall be for the account of Lessee. Lessee agrees that if the Net Proceeds are insufficient to pay in full Lessee's obligations as set forth in this sub-part (c), Lessee shall make such payments to the extent of any deficiency. 9. DISCLAIMER OF WARRANTIES. LESSOR, NOT BEING A SELLER (AS SUCH TERM IS DEFINED IN THE UNIFORM COMMERCIAL CODE), NOR A SELLER'S AGENT, HEREBY EXPRESSLY DISCLAIMS AND MAKES TO LESSEE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: THE FITNESS FOR USE, DESIGN OR CONDITION OF THE EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP IN THE EQUIPMENT; THAT THE EQUIPMENT WILL SATISFY THE REQUIREMENTS OF ANY LAW, RULE, GWW:BETH9S:113135.1:10f26f069:10 AM 6 42-8 SPECIFICATION OR CONTRACT PERTAINING THERETO; AND ANY GUARANTY OR WARRANTY AGAINST PATENT INFRINGEMENT OR LATENT DEFECTS, it being agreed that all such risks, as between Lessor and Lessee, are to be bome by Lessee. Lessor is not responsible or liable for any direct, indirect, incidental or consequential damage to or losses resulting from the installation, operation or use of the Equipment or any products manufactured thereby. All assignable warranties made by the vendor(s) or manufacturer(s) to Lessor are hereby assigned to Lessee for and during the Full Lease Term and Lessee agrees to resolve all such claims directly with the vendor(s) or manufacturer(s). Provided that Lessee is not then in default hereunder, Lessor shall cooperate fully with Lessee with respect to the resolution of such claims, in good faith and by appropriate proceedings at Lessee's expense. Any such claim shall not affect in any manner the unconditional obligation of Lessee to make rental payments hereunder. 10. PURCHASE OF EQUIPMENT BY LESSEE/PREPAYMENT. Provided that Lessee is not then in default under this Agreement, this Agreement will terminate, the security interest of Lessor in the Equipment will be terminated, and Lessee will acquire title to the Equipment free and clear of all liens and encumbrances created by, or arising through or under, Lessor: (a) at the end of the Full Lease Term, upon payment in full of all rental payments and other amounts payable by Lessee hereunder for the Full Lease Term; or (b) on any rental payment due date, upon payment by Lessee of the then applicable Prepayment Amount as set forth on the Schedule plus the rental payment due on such date and all other amounts then due by Lessee hereunder, provided Lessee shall have given Lessor not less than thirty (30) days' prior notice of its intent to make such payment. 11. QUIET POSSESSION. Lessor represents and covenants to Lessee that Lessor has full authority to enter into this Agreement, and that, conditioned upon Lessee performing all of the covenants and conditions hereof, as to claims of Lessor or persons claiming under Lessor, Lessee shall peaceably and quietly hold, possess and use the Equipment during the term of this Agreement subject to the terms and provisions hereof. 12. ASSIGNMENT; SUBLEASING; INDEMNIFICATION. (a) Assiqnment bv Lessor. This Agreement, and the rights of Lessor hereunder and in and to the Equipment and the Schedule, may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assignees at any time without the necessity of obtaining the consent of Lessee; provided, however, no such assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address of the assignee or its agent authorized to receive payments and otherwise seNice this Agreement on its behalf. Upon receipt of notice of assignment, Lessee agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or GWW:BETH96:113135.1:10/26io69:10 AM 7 42-9 otherwise) that Lessee may from time to time have against Lessor or Lessor's assignees. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonably be requested by Lessor or its assignees to protect their interests in the Equipment and in this Agreement. (b) No Sale, Assiqnment or Subleasinq bv Lessee. This Agreement and the interest of Lessee in the Equipment may not be sold, assigned, sublet or encumbered by Lessee without the prior written consent of Lessor. (c) Release and Indemnification Covenants, To the extent permitted by the laws and Constitution of the STATE, Lessee hereby assumes and agrees to indemnify, protect, save and keep harmless Lessor, its agents and employees, from and against any and all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatsoever kind and nature, arising on account of (1) the ordering, acquisition, delivery, installation or rejection of the Equipment; (2) the possession, maintenance, use, condition (including without limitation, latent and other defects whether or not discoverable by Lessor or Lessee, any claim in tort, including actions for strict liability, and any claim for patent, trademark or copyright infringement) or operation of any item of the Equipment (by whomsoever used or operated); or (3) the loss, damage, destruction, removal, return, surrender, sale or other disposition of the Equipment, or any item thereof, It is understood and agreed, however, that Lessor shall give Lessee prompt notice of any claim or liability hereby indemnified against and that Lessee shall be entitled to control the defense thereof, so long as Lessee is not in default hereunder. 13. EVENTS OF DEFAULT AND REMEDIES. (a) Events of Default. The following shall be "events of default" under this Agreement and the terms "event of default" and "default" shall mean, whenever they are used in this Agreement, anyone or more of the following events: (1 ) payment required therefor; or failure by Lessee to pay any rental payment or other to be paid hereunder within five (5) days of the due date (2) failure by Lessee to observe and perform any other covenant, condition or agreement on its part to be observed or performed hereunder and such failure shall continue unremedied for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of such time prior to its expiration; or (3) any certificate, statement, representation, warranty or audit contained herein or heretofore or hereafter furnished with respect hereto by or on behalf of Lessee proving to have been false in any material respect at the time as of which the facts therein set forth were stated or certified, or having omitted any substantial contingent or unliquidated liability or claim against Lessee; or GWW:BETH96:113135.1:10/26/069:10 AM 8 42-10 (4) commencement by Lessee of a case or proceeding under the Federal bankruptcy laws or filing by Lessee of any petition or answer seeking relief under any existing or future bankruptcy, insolvency or other similar laws or an answer admitting or not contesting the material allegations of a petition filed against Lessee in any such proceeding; or (5) a petition against Lessee in a proceeding under any existing or future bankruptcy, insolvency or other similar laws shall be filed and not withdrawn or dismissed within sixty (60) days thereafter; or (6) an attachment, levy or execution is levied upon or against the Equipment, any item thereof, or the Escrow Fund. (b) Remedies on Default. Whenever any event of default shall have occurred and be continuing, Lessor shall have the right, at its sole option without any further demand or notice, to exercise anyone or more of the following remedies: (1) with or without terminating this Agreement, retake possession of the Equipment or items thereof and sell, lease or sublease items of the Equipment for the account of Lessee, with the net amount of all proceeds received by Lessor to be applied to Lessee's obligations hereunder including, but not limited to, all payments due and to become due during the Full Lease Term, holding Lessee liable for the excess (if any) of (i) the rental payments payable by Lessee hereunder to the end of the Original Term or then current Renewal Term (whichever is applicable) and any other amounts then payable by Lessee hereunder (including but not limited to attorneys' fees, expenses and costs of repossession), over (ii) the net purchase price or rent and other amounts paid by a purchaser, lessee or sublessee of the Equipment pursuant to such sale, lease or sublease, provided that the excess (if any) of such amounts over the Prepayment Amount applicable to the last rental payment due date of the Original Term or Renewal Term (whichever is applicable) and the amounts referred to in clause (i) shall be paid to Lessee; (2) require Lessee at Lessee's risk and expense promptly to return the Equipment to Lessor in the manner and in the condition set forth in Section 5(b) hereof at such location as is specified by Lessor; (3) if Lessor is unable to repossess the Equipment for any reason, the Equipment shall be deemed a total loss and Lessee shall pay to Lessor the amount due pwsuant to Section 8 hereof; and (4) exercise any other right, remedy or privilege which may be available to it under applicable laws of the STATE or any other applicable law or proceed by appropriate court action to enforce the terms of this Agreement, to recover damages for the breach of this Agreement, or to rescind this Agreement as to the Equipment. GWW:BETH96:113135.1:10/26/069:10 AM 9 42-11 In addition, Lessee will remain liable for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. (c) No Remedv Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. Lessor's remedies hereunder may be exercised separately with respect to items of the Equipment. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 14. TAX COVENANTS. (a) The parties assume that Lessor can exclude the interest component of the rental payments from federal gross income. Lessee covenants and agrees that it will (i) rebate an amount equal to excess earnings on the Escrow Fund to the federal government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the regulations applicable thereto; (ii) use a book entry system to register the owner of this Agreement so as to meet the applicable requirements of Section 149(a)(3) of the Code; (iii) timely file an IRS Form 8038-G (or, if the invoice price of the Equipment is less than $100,000, a Form 8038-GC) with the Internal Revenue Service ("IRS") in accordance with Section 149(e) of the Code; (iv) not permit the Equipment to be directly or indirectly used for a private business use within the meaning of Section 141 of the Code including, without limitation, use by private persons or entities pursuant to contractual arrangements which do not satisfy the IRS' guidelines for permitted management contracts, as the same may be amended from time to time; (v) ensure that the monies deposited by Lessor in escrow are not invested in such manner so as to result in this Agreement being treated as an "arbitrage bond" or "federally guaranteed bond" within the meaning of Section 148(a) or Section 149(b) of the Code, respectively; (vi) comply with all provisions and regulations applicable to excluding the interest component of the rental payments from federal gross income pursuant to Section 103 of the Code; and (vii) cause to be completed, executed and delivered to Lessor a Tax Compliance Agreement and No Arbitrage Certificate substantially in the form provided by Lessor: (b) If Lessor either (i) receives notice, in any form, from the Internal Revenue Service; or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval Lessee shall not unreasonably withhold, that Lessor may not exclude the interest component of any rental payment from federal gross income because Lessee breached a covenant contained herein, then Lessee shall pay to Lessor, within thirty (30) days after Lessor notifies Lessee of such determination, the amount which, with respect to rental payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest component of all rental payments due through the date of such event) that are imposed on Lessor as a result of the loss of the exclusion, will restore to Lessor the same after- GWW:BETH96:113135.1:10/26/069:10 AM 10 42-12 tax yield on the transaction evidenced by this Agreement (assuming tax at the highest marginal corporate tax rate) that it would have realized had the exclusion not been lost. Additionally, Lessee agrees that upon the occurrence of such an event, it shall pay additional rent to Lessor on each succeeding rental payment due date in such amount as will maintain such after-tax yield to Lessor, (c) . Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Agreement) in the amount of more than $10,000,000 during the current calendar year; hereby designates this Agreement as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. 15, LESSOR'S RIGHT TO PERFORM FOR LESSEE. If Lessee fails to perform or comply with any of its agreements contained herein, Lessor shall have the right, but shall not be obligated, to effect such performance or compliance, and the amount of any out of pocket expenses and other reasonable expenses of Lessor incurred in connection with the performance of or compliance with such agreement, together with interest thereon at the rate of twelve percent (12%) per annum (or, if such rate is in excess of the maximum rate permitted by law, the maximum rate permitted by law), shall be payable by Lessee upon demand. Within ten (10) days of receipt, Lessee shall execute, endorse and deliver to Lessor any deed, conveyance, assignment or other instrument in writing as may be required to vest in Lessor any right, title or power which by the terms hereof are expressed to be conveyed or conferred upon Lessor, including, without limitation: (a) Uniform Commercial Code financing statements (including continuation statements), real property waivers; (b) documents and checks or drafts relating to or received in payment for any loss or damage under the policies of insurance required by the provisions of Section 7 hereof to the extent that the same relate to the Equipment; and '(c) upon default or nonappropriation or times thereafter as Lessor in its sole and absolute discretion may determine, any bill of sale, document, instrument, invoice, freight bill, bill of lading or similar document relating to the Equipment in order to vest title in Lessor and transfer possession to Lessor. Further, to the extent permitted by law, Lessee appoints Lessor as its attorney-in-fact for the limited purpose of, and with the full authority to, execute and file Uniform Commercial Code financing statements (including continuation statements) in the name and on behalf of Lessor, and agrees that photocopies of originally executed Uniform Commercial Code financing statements (including continuation statements) may be filed in the appropriate recordation offices as originals. In addition, the Lessee hereby authorizes the Lessor to prepare and file Uniform Commercial Code financing statements (including continuation statements) naming Lessee as debtor and Lessor as secured party without the signature of the Lessee to the extent permitted by law. GWW:BETH96:113135.1 :10/26/069:10 AM 11 42-13 16. MISCELLANEOUS. (a) Notices. All notices (excluding billings and communications in the ordinary course of business) hereunder shall be in writing, and shall be sufficiently given and served upon the other party if delivered (i) personally, (ii) by United States registered or certified mail, return receipt requested, postage prepaid, (iii) by an overnight delivery by a service such as Federal Express or Express Mail from which written confirmation of overnight delivery is available; or (iv) by facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to the other party at its respective address stated below the signature of such party or at such other address as such party shall from time to time designate in writing to the other party, and shall be effective from the date of mailing. (b) Bindinq Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. (c) Severabilitv; Survival. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, Lessee hereby waives any provision of law which renders any provision hereof prohibited or unenforceable in any respect. The representations, warranties and covenants of Lessee herein shall be deemed to be continuing and to survive the closing hereunder. Each execution by Lessee of a Certificate of Acceptance shall be deemed a reaffirmation and warranty that there have been no material adverse change in the financial condition of Lessee from the date of execution hereof. The obligations of Lessee under Sections 1(e), 6, 12(c) and 14, which accrue during the term of this Agreement, shall survive the termination of this Agreement. (d) Execution in Counterparts, This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (e) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (f) Captions. The captions in this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (g) Entire Aqreement. This Agreement constitutes the entire agreement between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, GWW:BETH96:113135.1:10f26/069:10 AM 12 42-14 agreements, representations or warranties, express or implied, not specified herein regarding this Agreement or the Equipment leased hereunder. Any terms and conditions of any purchase order or other document (with the exception of supplements) submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement. Lessee by the signature below of its authorized representative acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above set forth. ATTEST/WITNESS: LASALLE BANK NATIONAL ASSOCIATION Lessor By: Address: 135 S. LaSalle Street Suite 545 Chicago, Illinois 60603 Fax No.: (312) 904-8408 ATTEST: CITY OF RANCHO CUCAMONGA Lessee By: Address: 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Fax No.: (909) 477-2845 GWW:BETH96:113135.1 :10/26/069:10 AM 13 42-15 PRELIMINARY DESCRIPTION OF EQUIPMENT Attached to and made a part of that certain Equipment Lease/Purchase Agreement dated as of November 1, 2006 by and between LaSalle Bank National Association, as lessor, and City of Rancho Cucamonga, as lessee The items of Equipment to become subject to the Agreement can be generally described as follows: ONE (AZ-480) ASPHALT ZIPPER, AN ASPHALT GRINDING MACHINE LOCATION OF EQUIPMENT: City of Rancho Cucamonga City Yard . 9153 9th Street Rancho Cucamonga, CA 91730 ANTICIPATED PURCHASE PRICE: $90,000.00 42-16 City of Rancho Cucamonga, CA Nominal Annual Rate: 4.830% Purchase Lease # Date Pavment Interest Principal Option Price Commencement 11/1/2006 1 511/2007 10,238.17 2,173.50 8,064.67 83,574.04 2 11/1/2007 10,238.17 1,978.74 8,259.43 75,149.42 3 5/1/2008 10,238.17 1,779.27 8,458.90 66,521 .34 4 11/1/2008 10,238.17 1,574.99 8,663.18 57,684.90 5 5/1/2009 10,238.17 1,365.77 8,872.40 48,635.05 6 11/1/2009 10,238.17 1,151.51 9,086.66 39,366.66 7 5/1/2010 10,238.17 932.06 9,306.11 29,874.42 8 11/1/2010 10,238.17 707.32 9,530.85 20,152.96 9 5/1/2011 10,238.17 477.15 9,761.02 10,196.72 10 11/1/2011 10,238.17 241.39 9,996.78 0.00 Grand Totals 102,381.70 12,381.70 90,000.00 0.00 P43 RANCHO CUCAMONGA C~'~'~'~'~'~T<~ Si'R V'I C ~ S ". ..,',"'{,..,?',....,"::'i~Rv.:,; ,'-'::,{:,_;:,,>,'i;'."~c;:7'1 Staff Report DATE: TO: FROM: BY: SUBJECT: November 1 , 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Comm.unity Services Director JoAnn Gwynn, Community Services Supervisor APPROVAL OF SINGLE SOURCE VENDOR SELECTION AND AWARD OF A CONTRACT FOR OFFICIATING/UMPIRING SERVICES FOR ADULT SPORTS LEAGUES TO A & V UMPIRES ASSOCIATION IN THE AMOUNT NOT TO EXCEED $44,500 FROM ACCOUNT NUMBER 17004015305 RECOMMENDATION: It is recommended that the City Council authorize the contract for services for officiating/umpiring of adult sports leagues to A & V umpire association. It is requested that the contract be offered for an interim period until a Request for Proposal (RFP) is completed. The A & V umpire association contract will not exceed $44,500 from account number 17004015305. BACKGROUND/ANALYSIS The A & V umpire association has been providing certified officials for the adult softball leagues since September 15, 2006. An urgent change in associations was warranted due to performance issues on the part of the previous umpire association, Umps R Us. A & V umpire association has provided in a short time, experienced and skilled umpires to the satisfaction of the participants and staff. P44 STAFF REpORT ENGINEERlNG DEP.\RTMENT Date: November 1,2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Shelley Hayes, Engineering Tech Subject: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2FOR 9723 FERON BOULEVARD, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD EAST OF ARCHIBALD AVENUE SUBMITTED BY MIGUEL A. MACIAS AND JORGE GALVAN RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, ordering the annexation to Landscape Maintenance District No.1 and Street Light Maintenance District Nos. 1 and 2. BACKGROUND/ANALYSIS: 9723 Feron Boulevard, located on the south side of Feron Boulevard east of Archibald Avenue, in the Low Residential District (2-4 dwelling units per acre), has applied for a building permit for two (2) new single-family residences. The developer is required to fulfill certain conditions along with the normal processing, . As part of those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Respectfully submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION ). '. ,~/(t (t [ fer William J. O'Neil City Engineer WJO:SH:tv Attachments VICINITY MAP 9723 FERON BOULEVARD "-... Lllillilli ~ P45 ~ ffiffiE i EIIIITIIllilmTI[JI] o DIJIIJill8 tdJI[[]]]]J .~~ N W*E S I [[ L r-- P46 RESOLUTION NO. D In -- 3 j g 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 9723 FERON BOULEVARD (APN: 209-061-03 & 04) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously forrned 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.1, Street Light Maintenance District No. 1 and Street Light Maintenance District NO.2 (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 aiso 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 XIIID of the Constitution of the State of California ("Article XI liD") 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 (collectiveiy, the "Territory") be annexed to the Maintenance Districts in order to provide for the ievy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto . (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and P47 RESOLUTION NO. RE: 9723 FERON BOULEVARD November 1, 2006 Page 2 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 Articie 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 annuai 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 parcei 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: Ali future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 9723 FERON BOULEVARD P48 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Miguel Macias, a married man, as his sole and separate property and Jorge Galvan, a married man, as his sole and separate property, as tenants in common each to an undivided 50% interest The legal description of the Property is the foHowing described real property in the City of Rancho Cucamonga, County of San Bernardino, State of California: LOTS 18,19 AND 20, BLOCK 8, TOWN OF WEST CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 1 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A-l 9723 FERON BOULEVARD rnr IT [[ B~ ~m I ~ EXHIBIT A-2 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 "- LJtttt1lli ~ ~ ~ tmHE ~ BIIIIIDllitIDrnoJ 5 OJJIIIIJJE tdIIIJIJ]]JJ ~iP CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA N W+E s P49 1- P50 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout the City. These sites are not considered to be associated with anyone particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the RanchoCucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. It has been determined that the facilities in this district benefit this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. B-1 9723 FERON BOULEVARD P51 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: 9723 FERON BOULEVARD Street Lights SLD # 1 SLD # 2 5800L Number of Lamps 9500L 16,OOOL 22,OOOL 27,500L 1 Landscaping LMD# 1 Community Trail DGSF Turf SF Non-Turf SF Trees EA Assessment Units by District Parcel DU or Acres. 1 DU S1 1 S2 1 L 1 1 B-2 9723 FERON BOULEVARD P52 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2006/07. The following table summarizes the assessment rate for Landscape Maintenance District NO.1 (General City): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 8154 1.0 8154 $92.21 $751,880.34 Family Multi- Parcel 7404 0.5 3702 $92.21 $341,361.42 Family Commllnd. Parcel 2 1.0 2 $92.21 $184.42 TOTAL $1,093,426.18 The Proposed Annual Assessment against the Property (9723 Feron Boulevard) is: 1 SFR x 1 A.U. Factor x $92.21 Rate Per AU. = $92.21 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (AU.) 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 # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units 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 $185,678.73 Commercial Acre 2,835 2.00 5,670 $17.77 $100,755.90 TOTAL $693,385.40 The Proposed Annual Assessment against the Property (9723 FERON BOULEVARD) is: 1 SFR x 1 A.U. Factor x $17.77 Rate Per AU. = $17.77 Annual Assessment C-1 9723 FERON BOULEVARD P53 STREET LIGHT MAINTENANCE DISTRICT NO.2 (LOCAL STREETS): The rate per assessment unit (AU.) is $39.97 for the fiscal year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District NO.2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 6337 1.00 6337 $39.97 $253,289.89 Family Multi Family Unit 1087 1.00 1087 $39.97 $43,447.39 Commercial Acre 34 2.00 68 $39.97 $2,717.96 Total $299,455.24 The Proposed Annual Assessment against the Property (9723 Feron Boulevard) is: 1 SFR x 1 A.U. Factor x $39.97 Rate Per AU. = $39.97 Annual Assessment C-2 9723 FERON BOULEVARD P54 STAFF REpORT ENGINEERING DEP.\RTMENT Date: November 1,2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Mark Brawthen, Contract Engineer Subject: APPRO V AL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. I AND 6 FOR DRC2005-00683, LOCATED AT THE CUL-DE- SAC TERMINUS OF HYSSOP DRIVE, NORTH OF 6TH STREET SUBMITTED BY HYSSOP RANCHO CUCAMONGA PROPERTIES, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving DRC2005-00683, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2005-00683, located at the cul-de-sac terminus of Hyssop Drive, north of 6th Street in the General Industrial (Subarea 14) Development District, was approved by the City Planner on January 24, 2006 for the development of a warehouse building on 6.72 acres of vacant land. The Developer, Hyssop Rancho Cucamonga Properties, LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Security: $ . ,146,600.00 Labor and Material Security: $ 146,600.00 Monumentation Cash Deposit: $ 2,550.00 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. P55 CITY CO UN CIL STAFF REPORT RE: DRC200S-00683 NOVEMBER 1, 2006 PAGE 2 Copies of the agreement and securities are available in the City Clerk's Office. Respectively submitted, C}CCJ (( C€ (J/ j William J. O'Neil City Engineer WJO:MB:tv Attachment(s) P56 VICINITY MAP NOT TO SCALE !i 'I '1 i '_::!.._...__._._~ ___..._<'~--' 1,1. . ~J>.:,,-L~.=--'.~t..::-..-::~~;,:::,-;;\- .: ;, (/ \\ )! ,(-';1 EBmAve'!{ , \\ " ';;~" :11- !.~. PO 11._c...I~ '-~."";"_!:::r ". ~~. l>-Ut'.r_~ i< \... ,-:'" ..'-'" PRe 200~-'6o~B;;t . . '. /:;l:"j;;i:~},c:~lg:;~F :'~;i': ":.:<-." 'co' --;';,., __.;:.:" -, ;",1 '" ',c.' '.!r.., ,_.~_ .,:.:;;~~t!~;JA~~<:~~~~ _ _':.~~~ ,: }..~~j "_i'7:i.7~'::~;~;i:~;;~~.,<~-':;; , :}. City of Rancho Cucamonga ENGINEERING DIVISION Item: DRC2005-00683 Title: VICINITY MAP EXHIBIT: 1 P57 RESOLUTION NO. 0 G - .3 3. r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-00683 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Hyssop Rancho Cucamonga Properties, LLC as developer, for the improvement of public right-of-way adjacent to the real property specificall~ described therein, and generally located at the cul-de-sac terminus of Hyssop Drive, north of 6' Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the deveiopment of said real property referred to as DRC2005-00683; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. P58 RESOLUTION NO. (; t - .3 .3 5 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 DRC2005-00683 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 Light Maintenance District No. 1 and Street Light 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 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 XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and P59 RESOLUTION NO. RE: DRC2005-00683 November 1, 2006 Page 2 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 Jncorporated 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 DRC2005-00683 P60 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Hyssop Rancho Cucamon9a Properties, LLC The legal description of the Property is: THAT PORTION OF LOT 95 OF THE MAP OF ROCHESTER AS SHOWN BY MAP RECORDED IN BOOK 9, PAGE 20 OF MAPS AND THOSE PORTIONS OF LOT 1 THROUGH 6 INCLUSIVE, LOTS 25 THROUGH 30 INCLUSIVE, IN BLOCK 1; LOT 20 IN BLOCK 2; LOTS 13, 14 AND 15 IN BLOCK 7; AND LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8, ACCORDING TO MAP OF TOWNSITE OF ROCHESTER, IN THE CITY OF RANCHO CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THOSE PORTIONS OF SECOND STREET AND THE UNNAMED STREET ADJOINING SAID BLOCKS AS ABANDONED BY RESOLUTIONS OF BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO. CERTIFIED COPIES OF WHICH WERE RECORDED MARCH 15, 1928 IN BOOK 346, PAGE 79, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID' COUNTY, AND RECORDED DECEMBER 18, 1936 IN BOOK 1177, PAGE 320, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 15, BLOCK 1 OF SAID MAP, SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET (MEASURED AT RIGHT ANGLES) SOUTHERLY FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF AT AND S.F. RAILROAD, SAID PARALLEL LINE BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF EIGHT STREET (FORMERLY FIRST STREET); THENCE SOUTH 87" 54' 58" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 380.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87" 54' 58" WEST, 221.81 FEET; THENCE SOUTH 13' 06' 21" WEST, 340.09 FEET TO A POINT ON A 7000.00 FOOT TANGENT CURVE CONCAVE EASTERLY TO WHICH A RADIAL LINE BEARS NORTH 76' 53' 39" WEST; THENCE SOUTHERLY ALONG SAID CURVE 443.11 FEET THROUGH A CENTRAL ANGLE OF 03' 37' 37" TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 80' 31' 16" WEST; THENCE NORTH 89' 49' 32" EAST, 290.79 FEET TO A POINT ON A 7633.00 FOOT RADIUS CURVE TO WHICH A RADIAL LINE BEARS NORTH 85' 18' 39" WEST, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF HYSSOP DRIVE DISTANT 33.00 FEET (MEASURED AT RIGHT ANGLES) FORM THE CENTERLINE THEREOF; A-1 DRC2005-00683 P61 THENCE NORTHERLY ALONG SAID CURVE 331.98 FEET THROUGH A CENTRAL ENGLE OF 02' 29' 31" TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 82' 49' 08", SAID POINT BEING ON THE SOUTHERLY LINE OF SAID LOT 5, BLOCK 8 OF SAID MAP; THENCE NORTH 89' 49' 03" EAST ALONG SAID SOUTHERLY LINE, 58.75 FEET; THENCE NORTH 00' 13' 21" EAST, 333,38 FEET; THENCE NORTH 00' 11' 47" EAST, 109.16 FEET TO THE TRUE POINT OF BEGINNING; THE AREA OF THIS PARCEL IS APPROXIMATELY 210,188 SF (4.83 ACRES) MORE OR LESS. THE ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. A-2 DRC2005-00683 EXHIBIT "AI! ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 DRC2005- OOb83 ~ ~ ~ ~ ;: '~J '~ ~ ... ;;: ~ Q f;j ..., bj 'i'IV LfGEND ---P: STREETLIGHT ttea.-5BOOL HPSV Ilea.- STREET TREES g I ~I, +1'11 ~~I 1'"1\5) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA A-3 P62 fj ...... NORTH ORC 2.005-00b83 P63 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/lndustrial 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 arteriai 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 DRC2005-00683 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: DRC200S-00683 Street Lights SLD # 1 SLD # 6 Landscaping LMD # 38 5800L Number of Lamps 9500L 16,000L 22,000L 4 Community Trail DGSF Turf SF Non-Turf SF Assessment Units by District Parcei DU or Acres 6.72 Acres S1 2 S6 1 B-2 P64 27,500L Trees EA 11 L 3B 1 DRC2005-00683 P65 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 36 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (AU.) is $352.80 for the fiscal year 2006/07. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B ( Commercial/Industrial): Land Use Physical Unit Type Acre # of Physical Units # of Assessment Assessment Units Factor Units Rate Per Assessment Unit Revenue Comm/lnd 2626.46 1.0 2626.46 $352.80 $926,615.09 The Proposed Annual Assessment against the Property (DRC2005-00683) is: 6.72 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $2,370.82 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 # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units 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 $185,678.73 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 (DRC2005-00683) is: 6.72 Acres x 2 A,U. Factor x $17.77 Rate Per A.U. = $238.83 Annual Assessment C.1 DRC2005-00683 P66 STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIALIINDUSTRIAL): The rate per assessment unit (AU.) is $51.40 for the Fiscal Year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 ( Commercial/lndustrial): Land Use Comm/lnd Physical Unit Type Acre # of Physical Units 2450.2 # of Assessment Assessment Units Factor Units Rate Per Assessment Unit Revenue 1.00 2450.2 $51 .40 $125,940.28 The Proposed Annual Assessment against the Property (DRC2005-00683) is: 6.72 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $345.41 Annual Assessment C-2 DRC2005-00683 P67 STAFF REpORT ENGINEERING DEP.\RnIENT Date: To: From: By: Subject: RANCHO CUCAMONGA November 1, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mark Brawthen, Contract Engineer APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY FOR DRC2006-00516, LOCATED ON THE SOUTH SIDE OF 4TH STREET, AT THE INTERSECTION WITH GOLDEN OAK ROAD, IN THE CITY OF ONTARIO, SUBMITTED BY WARMINGTON HOMES ONTARIO ASSOCIATES, L.P. RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accept the subject Improvement Agreement and authorize the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2006-00516 is for a tract located in the City of Ontario along the south side of 4th Street at the intersection with Golden Oak Road. Said Tract No. 16901 is being processed by the developer through the City of Ontario. As part of their conditions the developer must make modifications to the existing traffic signal maintained by the City of Rancho Cucamonga. The developer, Warmington Homes Ontario Associates, L.P., is submitting an agreement and security to guarantee the modifications to the off-site traffic signal improvements in the following amounts: Faithful Performance Security: $ 69,000.00 $ 69,000.00 Labor and Material Security: Copies of the agreement and securities are available in the City Clerk's Office. Respectively submitted, "'J{tltlc LR William J. O'Neil City Engineer WJO:MB:tv Attachment(s) P68 VICINITY MAP NOT TO SCALE ,_I i ~llcr,;~t!i !i'. , 'e', '-E 19n1aOllQ, Ii 't 11'1 -' " q I' .~...., '&/1 ' - 'I Ii , E7h'St', . .j~. J ,,-, a b;" : ?thSt L..... 1 lL_,v.~__ ~ I .! I,. - !I:z 0 I - <' Ed ~1 ~St ~ - - , !1 ,p"'..... .-.---- " - I 'It-11"0' ~'~"'l i I~ \Ol,,~--~J~- ,n___ t\' - 'Q '. " ',' II I", "I" '" ~;'I"-I: ""I earnerooSt Ii. 'I"=> , I ,.,1_ \ U"J - , iIi ~'! -~- -V:l' I -- - - - I tl . ./ -- ,(if _ ~__ J' E Deodor,Stg, ~, / "'n:' :o:i,~~a-oW-SlI~~r~TSt li! Sh~@n,Qr g;>':; 1\ : 'S'i1-1 , St 11'~ :' '~,~1. !'~; ,;'11" ::<: ,'_JC-':"lL, 6tllSt U l~- '_I~I:1ii , ,,.<.:..~{_E6th ~ 1~ ~..JL_>::ll --....~_~','I:ii_. ..,.".-1(-=':-_"':I\.=--_ ,_________l;-...__~II_"'_,---'~Lt"'.'l_:~--_:=:::::.. -- rtI 11 fI -~'r~, r - ll~: ::.~ ~ -I :ll- h_ \ I~~:r----- -- - - --_. - -&1 t - - p---- w ~- i-f J,~;~'"'"~I::!~.~---;.'~-t _) \!~ '''', 1,~ f'g;.[~~. (\ BI~' l\ -~ , ..p: --' -I 11' "..[ ..-:::""1110'1 I: '" il> -.j '",- ,=>, ._*J ovi!.flj>me,Dr ,,', II ': ' .J [' J' -'1 I '101\ ,\1 ,ic: jr'lts:!:-'\ <<:1'1 r'~~l Ie --I! ~!I I 1 ..... --- I' L I -' +-' I l'IJ"lj"l';l IL.Jl~Jlrl'O'itJ'1 J" JI _t~~::-Sflc;---;;':';I-=I,,-~-=-~jL)""-" "I XI: j .,):ll:0.; It' ::;- ---', ~:'_I';5l1!,g. IE-valestl.,.--.=. ;:z- -...----.a!------,,,.. -;~'d\l1ILL" 1.0. " I ." ,':t ,0",-,-_ -..- _______, ;1:;--,----. g: I-/~'~ ~e, ~'Q Eo 11.1Ii En!' I >r 11- ---, ~==, g---" Ii!!;, L-:.:.Aib.rgten Off g. ",_ " I~ L''!.~se~~r '-~--:'-=-',l :z '~RANCHOCLiCMlOll6A1~ IC..l'-0cS1JI ,0: '.;, iili' -\<77")1 ,_._.J\ ,Ie::- JI ," L-:lr:-"'--'-'-'!'" I'" i1S::-'" -- 2:--1: &1'. ,,\\c., E 4th St I ',;10 4tn~'S~,I-l.--:.J -~~=2 ' '..:'~_i-"' '~"""i'<"-'~ _,~_,i.,l~,: _..-'.,':' T .. i'~-r--.:'=- ~ @.J'" ,=1 ,,1'1 ~,',:;J. ~~~.j! I, i'~I~:l OI\\'rARIO ,w-<'ll'>~r ".~G);:'::ii !, .' iI-?/' ." ':'" -',~<1:.t' i:~ -.,~~. :~ EG St , ~:;'7~-i -~.;;--;.c;>. . i I. Jf J~_~~, St \'i~:'<:- \\ i:g 2"1 11"'U1,\ 1"/7 ' --- .- -:~'i @ \ #:iD S, : '~I J1" x..../ a: I' ,>"", ." \\-I>\~V/ .. .1 _ _&I'o~..----...... (' G uostl Rd - -~~--"..... ili ',~_..' '" 1,\ ,/ Jd 1lI'<l.o.J<Si~~;Rd,- -'G\.liistf'':- <> '( I! ,ii .-.~. ' City of Rancho Cucamonga ENGINEERING DIVISION Item: DRC2006-00516 Title: VICINITY MAP EXHIBIT: 1 P69 RESOLUTION NO. 6 (g - ..3.J b APPROVAL OF IMPROVEMENT AGREEMENT AND SECURITY FOR TRAFFIC SIGNAL MODIFiCATIONS IN CONNECTION WITH DRC2006-00516 IN THE CITY OF ONTARIO, LOCATED AT THE INTERSECTION OF 4TH STREET AND GOLDEN OAK ROAD, SUBMITTED BY WARMINGTON HOMES ONTARIO ASSOCIATES, L.P. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Warmington Homes Ontario Associates, L..P. as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the south side of 4th Street, at the intersection with Golden Oak Road, in the City of Ontario; WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DRC2006-00516; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. P70 STAFF REpORT ENGINEERING DEP.\RTMENT Date: November 1,2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Mark Brawthen, Contract Engineer Subject: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 16009, LOCATED ON THE SOUTHEAST CORNER AND SOUTHWEST CORNER OF SIXTH STREET AND CHARLES SMITH A VENUE SUBMITTED BY CHASE BACK BAY, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the subject agreement and security, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Tentative Parcel Map 16009, located on the southeast comer and southwest comer of Sixth Street and Charles Smith Avenue in the General Industrial District (Subarea 13), was approved by the Planning Commission on May 14, 2003 for the division of 4.86 acres into 4 parcels. Planning Commission approved an extension on June 28, 2006. The Developer, Chase Back Bay, LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Security: Labor and Material Security: Monumentation Cash Deposit: $ 173,100.00 $ 86,550.00 $ 2,600.00 Copies of the agreement and securities are available in the City Clerk's Office. Respectively submitted, "'---/-"Y//?i c( / William J. O'Neil City Engineer WJO:MB:tv Attachment(s) P71 Vicinity MaQ NOT TO SCALE i .1 ~;\~;,'''<<".; . ,~w:.;t~"._. - h:r\~~~'Ll):'i~"I~...G~..T;:~\ ltg~r:::~ ~ ,~~~"+,,,-,<.t"""""_"''''''_''I' <-'~, '. .. ~-,.jt. ,,,,,'i-t ,\ 'j - , '\)'-1,1- l ", " .. ... W I' .. .. '~.. ,-,'" .. ' ~ -.- ,-, .. .i~.J-.t..l - /<\. ,-.-.,-<.~ ~,ot" ~-.,::t:' )(....~~.: i ! _ < 1 -'-r _..:. 1 ;,' ."\;,.....'''''-'1 \_-!'''1"~ .u -.i:::lf!.J;...j. i l _;_~,:J...J ;':::-';..11 ,: ':..../ -~ \ ''''...'~' .." c,t ~A~(, .~j:::j, .[- "l~'-- .. '>,,' -, .',....~,/ '-'..ci~_ , I,.. ,_,.....-; I .. -....; _,,_I \!~'!._4 ..~; " 1.); J 1-..1.-4---" !_;"-.::z;.:..;.I~"""'" '; 'i, S~r:1 ,,~ , '. ]. . .....Ii. J ~ , .. , .... I (I I Blvd ..hd~'""-,,, ~ *~~~~ri::.Jl, - ..,;d!"l, t:;;:fl>~ t , , .. Id r- 'II C1bJ ; , t. ':!: "------- City of Rancho Cucamonga ENGINEERING DIVISION Item: Improvement Aqreement for Parcel Map 16009 Title: VICINITY MAP EXHIBIT: 1 P72 Street Improvement Location Mal::! NOT TO SCALE ~. ' c:(!i ....ji ~Ij =11 ~'i I, i! ~~>8\h.fSl:....,~~>'--'-\, ~ ""_-.l-"'~':::::~'-::~~"::-~~~-'";:::::::'::~-:;:::::-:':~"R~~~e$ter __o,____".~ l i 0 i I II Ii ' 1;. " " -~ .' II J! ~ ... I" "f( " 'I':> ' Dai!f>OjD' ' ,/:-"" , 119. =--:l"~; II 'I ~i: (( jl ,JI .!lll II '" il __ I ~II' . ...._1 L..&..t!l_~ ! , '.. , ii .!! ~;:::--!I" I '2. I!~ ',1V/ "'Il~' .' I'''' il i :'" s, 3 , ','s l'ld 1 :,~ E LC ! . . In VI. oj I i~ 1':1 lu'''' ,,;:: ,. :> /.Ili) ~~ "ji:'i (/)! ~,ill , I ,~ f I ' I ) /' < " - '-------.--.--.- /\ I.' :1 j'-- --'::':::1 :'-~--'---- 1\! ! I : I I" I i It : : ~11__~~_!:1arino ~__ i :":;0 , ----~---- --, I ., ,g, i' . '~i . I i::E i: I '.f .j:.::.::.: ' ~I ! i ~ :! I' ...Jl!9P~E!/."Ii'P..~.M &. ~'f.1jfg, ~e, ~- " i! :.j I' Ii" ' ,'; 011 " ~j ~!I ' '~I" ! ~..fAI~CEL MAP IbOO'l ," I; '-..r"" PARCELS ",' '1 ~I~;xATION OF SUaJECr' · Ii' STREET I MP1lOV'E:'1!'NT.5_ ii ,I :1 'I Ii , i Mis~lon_ Park Dr 'i II /-::"~:~/ I,..... 1! I' I( I' ,I I: " r: \1 n I' il i ~ 'I 'I I, I: i; I) ,I :) City of Rancho Cucamonga ENGINEERING DIVISION Item: Improvement Aqreement Title: Street Improvement Location Map EXHIBIT: ~ P73 RESOLUTION NO. ()h- 337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 16009 WHEREAS, the City Council of the City of Rancho CUcamonga, California, has for its consideration an Improvement Agreement by Chase Back Bay, LLC as developer, for the improvement of pUblic right-of-way on the southeast corner and southwest corner of Sixth Street and Charles Smith Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Parcel Map 16009; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. P74 STAFF REpORT ENGINEERING DEP~\RTMENT Date: November 1,2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Mark Brawthen, Contract Engineer Subject: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 16926, LOCATED ON THE NORTH SIDE OF 4TH STREET BETWEEN RICHMOND PLACE AND BUFFALO AVENUE, SUBMITTED BY CAL DEVELOPMENT, LLC. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tentative Parcel Map 16926, accepting the subject agreement, securities and monumentation cash deposit, ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 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 No. 16926, located on the north side of 4th Street between Richmond Place and Buffalo Avenue, in the Industrial Park District (Sub-area 12), was approved by the Planning Commission on October 26, 2005 for the division of 18.27 acres into 9 parcels. The Developer, Cal Development, LLC, is submitting an agreement, cash deposit for securities and monumentation cash deposit to guarantee the construction of the off-site public improvements in the following amounts: Faithful Performance Cash Deposit: $ 401,500.00 Labor and Material Cash Deposit: $ 401,500.00 Monumentation Cash Deposit: $ 2,650.00 Copies of the agreement and securities are available in the City Clerk's Office. 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. Respectively submitted, \ -lei( {t' cf , WiJ1iam J. O'Neil City Engineer WJO:MB:tv ^1-1-",.,.l,...,....,"'....t{,,\ P75 Vicinity N.T.S. Ma~ I( ,;;:.-=(: '1l i !"!~",,~~~~~~.:_~ve~.I! , I ' " T.~:~:-:' ~i' I" I 'I [; caclaSt ~. III ~'_''';';''''1:~21'1 : ,,1'bJ c:;, ! .~.:::)C'-:::;=: ~ Zt~:?Lil,."",;*,.'O.CC' ; ;:? )1 "1J1ii- >- : if ' :,:~;~ l,lg," ; I~ lJ \~ ]\0. L; :.____.. ' ,___,' .11._._-',,"" --.-:--- I; f---'I 1:-----1 ""fr) 11!Ji!: ; ,;::) lIb! - n)>:1 IrA '<l" I'~ ~'"o,d~E~'1'_S'- ~:::>'.:>. .1 En(~rjl'ls.-i;t' ; , -' c :'; ! I ,::.:.:.:::-.;~'~ / :~; i I "1\;';'./1 [ II :"""~ <: _ _~'~'1'~..,..;:\Z"'" ,,_~_ .' ''''''-rr'I'~''''''.''~ - j i :1{\Ci /) 'I _ j'j / " " '~h.ncmJrs,S~ ~_.__ ",' , -- -j':' '" . '. 'Po ;-" r: ~~,.. ,. ;: ',roYa,. "' " , '. " ~..' .', '" \1 \' " I. I , 1 I. i' '1 Ii 1-,,- .-j ),' ~_." ITEM: Parcel Map 16926 TITLE: Vicinity Map EXHIBIT "A" City of Rancho Cucamon~ P76 RESOLUTION NO. tJt - ;3 3 <6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16926, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 16926, submitted by Cal Development, LLC, and consisting of 5 parcels, located on the north side of 4th Street between Richmond Place and Buffalo Avenue being a division of 11.56 net acres of land was approved by the Planning Commission of the City of Rancho Cucamonga, on October 26, 2005, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Parcel Map No. 16926 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Cal Development, LLC as developer; and WHEREAS, said Developer submits for approval said Parcel Map offering for dedication for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Parcel Map No. 16926 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed to record. P77 RESOLUTION NO. Dfo - 331 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. I AND 6 FOR PARCEL MAP 16926 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. 1 and Street Lighting Maintenance District No.6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 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 XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (cej)]ectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and P78 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 ofthe Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIrn 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 16926 P79 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Cal Development, LLC The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: TENT A TIVE PARCEL MAP NO. 16926, BEING A DNISION OF THE FOLLOWING: PARCEL "A": PARCEL 14 AS SHOWN ON PARCEL MAP NO. 11671, SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS FILED IN BOOK 143 OF PARCEL MAPS, PAGES 41 THROUGH 46 INCLUSNE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THOSE PORTIONS OF PARCEL 15 AND 16 OF SAID PARCEL MAP NO. 11671, AS FILED IN BOOK 143 OF PARCEL MAPS, PAGES 41 THROUGH 46 INCLUSIVE, RECORDS OF SAID COUNTY, DESCRIDED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 14; THENCE SOUTH 770 47' 36" EAST, 104.09 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 14; THENCE SOUTH 890 26' 05" EAST, 203.32 FEET CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 14 TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 16; THENCE CONTINUING SOUTH 890 26' 05" EAST 49.97 FEET ALONG SAID NORTHERLY LINE OF PARCEL 14; THENCE NORTH 000 35' 04" EAST, 94.14 FEET; THENCE NORTH 890 25' 15" WEST, 50.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 16, SAID POINT BEING NORTH 000 33' 56" WEST, 94.15 FEET ALONG SAID EASTERLY LINE FROM SAID SOUTHEASTERLY CORNER OF PARCEL 16; THENCE CONTINUING NORTH 890 25' 15" WEST, 292.90 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 16, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1033.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 810 54' 47" WEST; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE AN ARC LENGTH OF 74.28 FEET, THROUGH A CENTRAL ANGLE OF 040 07' 11" TO THE POINT OF BEGINNING. A-I PARCEL MAP 16926 P80 PURSUANT TO CERTIFICATE OF COMPLIANCE NO. 618 FOR LOT LINE ADmSTMENT RECORDED MARCH 2, 2006 AS INSTRUMENT NO. 2006-0144360 OF OFFICIAL RECORDS. APN: 0229-263-49 and 0229-263-50 and 0229-263-51 A-2 PARCEL MAP 16926 P81 EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. JB STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 . '~~.O/l. ..st"'I"~O~ --'" _,~,,,,,"IO.'~ ..a~ ! " n. 3; pOIl'\'\llt\e ,....Rc:E\.. 'O~OI,\o; ,"R..... , i NOlO1HEl'<LYUMl!OI' Il<if.roo.1OOH'a.l3A,O,R. ~.- ..." .~~~. \,67\ ictl- \oIIo.P\,,~~;~d\. ,/1. O"a. ,"'!let\. . ,oil"" .-- ~-~ ~~ IIOGR...,lN) ~........ ~a~ i~:: 1 ::;~ I ..,~~ an , - II I (II ~ I ~l~ij <1-- ol~~ ~"' ~U ~ , I , II , I , I.~ ,~~ I~. " l! , 1eII00'" JoU,Il , , \....MIIJ.~.~T! ~l " "0 'A-. I' --.vUHl!, OI'P~~'>4 1'.M.B.1Qo1'''' . MI..!.!.!E.-N_~g~_~ ~~:':&l // lis ~ ,/ /Jf '.: r;i i , PARCEL 1 ~,- HM'11'05' 240_ . S,., ~i F Il' ..:~ ~ill _'! ~- 88 iii .s~, ~~ ~~ 1"'t"<l(J J ih l~ ""' _ _ l~:l:'li\~'l1Jt)' fll,".<I'-':D "\5 "3O'1'Ol PIIB~/"'-" @Ilt PARCEL MAP NO. 16926 LEGEND ~ ADD 3ea. 58DOL STREET LIGHTS ~ REMOYE I eo.. 58001.- 5TRE.E.T LIGHT 05 To:.EE'S ~ i rt:rWlOO'.o.cc.". 01'""""",,,0 w~ '''''R~U''''' RI!I'~ ,"' ~ I ~ m~' 1\f>7\ tIC- 4f> ,"Rctl.ll ,,~I~ \1 r~"'tll'''ll ....~I.I"W lil... PARCEL' ...,.-.cIttS PARCEL ~ 1.211'\cpa , ~ " , , I > t PARCEl.. 5 ..- .. , """- 1e<.lII'::-~~ . "I~>>'"'' m.lI' 71\.1'" 'Tll8Tlll'ETDe:~TEC Hl!REONTOTHE<;I1'YOf ~ ~""""""^ " .'W'\-~~1-') ~.11 ,.11J1O: co}! ,~.l4~ --- cmOF""NCI<OCU<:AAlON~ --Ci'rYOFONT.o.FlJO- 4TH STREET ---It:--..r.'~'- - -- (_:Z'O'''II "l.OT) A CITY OF RANCHO CUCAMONGA NORTII COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA _ fARCH MAP lb'12b A-'3 P82 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. I (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 ofthe 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 16926 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: SUBTPM 16926 Street Lights SLD# 1 SLD # 6 5800L 3 (Add) 1 (Remove) Landscaping LMD # 3B Community Trail DGSF Assessment Units by District Parcel DU or Acres 1 8.07 Acres 2 0.67 Acres 3 0.70 Acres 4 1.26 Acres 5 0.86 Acres Number of Lamps 9500L l6,000L 22,000L Turf SF Non-Turf SF S 1 2 2 2 2 2 S6 1 1 1 1 1 B-2 P83 27,500L Trees EA L3B 1 1 1 1 1 PARCEL MAP 16926 P84 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (AU.) is $352.80 for the fiscal year 2006/07. summarizes the assessment rate for Landscape Maintenance (Commerci al/Ind ustrial): 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 16926) is: Parcell Parcel 2 Parcel 3 Parcel 4 Parcel 5 8.07 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $2,847.10 Annual Assessment 0.67 Acres x 1 AU. Factor x $352.80 Rate Per A.U. = $236.38 Annual Assessment 0.70 Acres x 1 AU. Factor x $352.80 Rate Per AU. = $246.96 Annual Assessment 1.26 Acres x 1 AU. Factor x $352.80 Rate Per A.U. = $444.53 Annual Assessment 0.86 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $303.41 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 # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units 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 $185,678.73 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 16926) is: Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 8.07 Acres x 2 AU. Factor x $17.77 Rate Per AU. = $286.81 Annual Assessment 0.67 Acres x 2 A,U. Factor x $17.77 Rate Per AU. = $23.81 Annual Assessment 0.70 Acres x 2 AU. Factor x $17.77 Rate Per AU. = $24.88 Annual Assessment 1.26 Acres x 2 AU. Factor x $17.77 Rate Per A.U. = $44.78 Annual Assessment 0.86 Acres x 2 A.u. Factor x $17.77 Rate Per AU. = $30.56 Annual Assessment C-l PARCEL MAP 16926 P85 STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (AU.) is $51.40 for the Fiscal Year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial) : # 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 16926) is: Parcell Parcel 2 Parcel 3 Parcel 4 Parcel 5 8.07 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $414.80 Annual Assessment 0.67 Acres x 1 AU. Factor x $51.40 Rate Per A.U. = $34.44 Annual Assessment 0.70 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $35.98 Annual Assessment 1.26 Acres xl A.U. Factor x $51.40 Rate Per A.U. = $64.76 Annual Assessment 0.86 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $44.20 Annual Assessment C-2 PARCEL MAP 16926 P86 STAFF REpORT ENGINEERING DEP.\RTiI!ENT Date: November 1, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Mark Brawthen, Contract Engineer Subject: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 16951, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, APPROXIMATELY 1,100 FEET NORTH OF CHURCH STREET AND THE TERMINUS OF EIGER WAY SUBMITTED BY REINY AND DIANE SCHNEIDER RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tentative Parcel Map 16951, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Parcel Map 16951 located on the west side of HeUman Avenue, approximately 1,100 feet north of Church Street and at the terminus of Eiger Way in the Low Residential Development District, was approved by the Planning Commission on July 13, 2005 for the division of 1.28 acres into 3 parcels. The Developer, Reiny and Diane Schneider, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Security: $ 20,800.00 Labor and Material Security: $ 20,800.00 Monumentation Cash Deposit: $ 2,550.00 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. P87 CITY COUNCIL STAFF REPORT RE: PARCEL MAP 16951 NOVEMBER 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. Copies of the agreement and securities are available in the City Clerk's Office. Respectively submitted, ~(e tl U cJ! ) William J. O'Neil City Engineer WJO:MB:tv Attachment( s) P88 Vicinity N. T.S. Ma~ '. 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ITEM: Parcel Map 16951 TITLE: Vicinity Map EXHIBIT "A" City of Rancho Cucamon~ P89 RESOLUTION NO. 010 - 3 L/() A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16951, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 16951, submitted by Reiny and Diane Schneider, and consisting of 3 parcels, located on the west side of Hellman Avenue, approximately 1,100 feet north of Church Street and at the terminus of Eiger Way being a subdivision of 1.13 net acres of land was approved by the Planning Commission of the City of Rancho Cucamonga, on July 13, 2005, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Parcel Map No. 16951 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Reiny and Diane Schneider as developer; and WHEREAS, said Developer submits for approval said Parcel Map offering for dedication for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Parcel Map No. 16951 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record: P90 RESOLUTION NO. or; - ~'II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP NO. 16951 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. I, Street Lighting Maintenance District No.1 and Street Lighting Maintenance District No.2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 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 forn1s 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 P91 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 ofthe Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article xmD 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 PM 16951 P92 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Reiny and Diane Schneider The legal description of the Property is: PARCEL MAP NO. 16951 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A SUBDIVISION OF PORTIONS OF LOTS 1 AND 2, SUBDIVISION "B", CUCAMONGA VINEYARD TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20 OF MAPS, PAGE 45, RECORDS OF SAID COUNTY. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I PM 16951 P93 EXHIBIT "A" A-8SESSMENT-DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 33' TFiACT 12530 ! J\;W, 173 / 37-33 LoT 5 /. 5 84'19'56"[ 133.14'='-. <s~ _-=~1'24'41"E 17.97' N 89'57'OoT 184.78' .(184.90') o .... " '" ~ w :::> z w ~ 1 PARCEL 1 AREA=20,155 S.F. !9- /~ I / b I / "'I 33' - ,,~ 00,\ ~"\ "'''': "'-/ -", -/ ,./ I N 89'57'OO"E 222.43' 102.43' 120.00' a \0 '" - PARCEL 2 AREA=13,S71 S.F. ~ ~ FD. 1" I.P. TAGGED R.C.C. :;; a \28500 PER P.M. 16482, ~ ~ P.M. 205 / 52-54 ~~ . 120.00' " PARCEL 3 AREA= 15,092 SF ~ ~! I t~ ~ N 89'57'OO"E 275.80' ((275.80')) ACCEPTED AS THE SOUTH LINE AS DESCRIBED PER CERTIFICATE OF COM LlANCE NO. LLA #521 RECORDED AS INSTRUMEN NO. 02-191655 O.R. PAFicEL 1 PAFfCEL 2 P,M 18482 P.MR 205 / 52-54 NO NE'vJ -.STREHL IGI-IT-S OR STREIT TREES ADDED 1'0 WORK PROtjRAM A.. CITY OF RANCHO CUCAMONGA ' NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA PARCEL MAP 1695/ A-2 P94 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): Landscape Maintenance District NO.1 (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout the City. These sites are not considered to be associated with anyone particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the residential area of the City west of Haven A venue. It has been determined that the facilities in this district benefit this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereoJ) on local streets generally west of Haven Avenue. B-1 PM 16951 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: PM 16951 Street Lights SLD # 1 SLD # 2 5800L Number of Lamps 9500L l6,000L 22,000L Landscaping LMD#l Community Trail DGSF Turf SF Non-Turf SF *Existing items installed with original project Assessment Units by District Parcel S 1 1 1 2 1 3 1 S2 1 1 1 Ll 1 1 1 B-2 P95 27,500L Trees EA PM 16951 P96 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): The rate per assessment unit (AU.) is $92.21 for the fiscal year 2006/07. The following table summarizes the assessment rate for Landscape Maintenance District No.1 (General City): #of Assessment # of Rate Per Physical Units Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 8154 1.0 8154 $92.21 $751,880.34 Family Multi- Parcel 7404 0.5 3702 $92.21 $341,361.42 Family Comm/Ind. Parcel 2 1.0 2 $92.21 $184.42 TOTAL $1,093,426.18 The Proposed Annual Assessment against the Property (PM 16951) is: Parcell Parcel 2 Parcel 3 1 Dwelling Unit x 1 A.U. Factor x $92.21 Rate Per AU. = $92.21 Annual Assessment 1 Dwelling Unit x 1 AU. Factor x $92.21 Rate Per A.U. = $92.21 Annual Assessment 1 Dwelling Unit x 1 A.U. Factor x $92.21 Rate Per A.U. = $92.21 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. I (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 # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units 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 $185,678.73 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 (PM 16951) is: Parcel 1 Parcel 2 Parcel 3 I Dwelling Unit x I A.U. Factor x $17.77 Rate Per A,U. = $17.77 Annual Assessment 1 Dwelling Unit x 1 A.U. Factor x $17.77 Rate Per AU. = $17.77 Annual Assessment 1 Dwelling Unit xl A.U. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment C-I PM 16951 P97 STREET LIGHT MAINTENANCE DISTRICT NO.2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No.2 (Local Streets): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Single Parcel 6337 1.00 6337 $39.97 $253,289.89 Family Multi Unit 1087 1.00 1087 $39.97 $43,447.39 Family Commercial ' Acre 33.63 2.00 67.26 $39.97 $2,688.38 Total $299.425.66 The Proposed Annual Assessment against the Property (PM 16951) is: Parcell Parcel 2 Parcel 3 1 Dwelling Unit x 1 AU. Factor x $39.97 Rate Per AU. = $39.97 Annual Assessment 1 Dwelling Unit x 1 AU. Factor x $39.97 Rate Per AU. = $39.97 Annual Assessment 1 Dwelling Unit x 1 A.U. Factor x $39.97 Rate Per A.U. = $39.97 Annual Assessment C-2 PM 16951 P98 STAFF REpORT ENGINEERING DEP.\RTMENT Date: November I, 2006 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. 1 AND STREET LIGHT MAINTENANCE DISTRICT NO. 1 FOR TRACT 16908, LOCATED ON THE NORTH SIDE OF ARROW ROUTE, WEST OF BAKER A VENUE, SUBMITTED BY HL HOMES CORPORATION RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract Map 16908, accepting the subject agreement, securities, monumentation cash deposit and ordering the annexation to Landscape Maintenance District No.1 and Street Light Maintenance District No.1 for Tract Map 16908 and authorizing the Mayor to sign said agreement and the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract Map 16908, located on the north side of Arrow Route, west of Baker Avenue, in the Medium Residential District (8-14 Dwelling Units per acre), was approved by the Planning Commission on March 23, 2005. This project is for a subdivision of 3.74 acres of land into one lot for the development of 41 residential condominiums. The Developer, HL Homes Corporation, is submitting an agreement, securities and monumentation cash deposit to guarantee the construction of the public street improvements in the following amounts: Faithful Performance Bond Labor and Material Bond MOllumentation Cash Deposit $ 66,300.00 $ 66,300.00 $ 2,450.00 Copies of the agreement and securities are available in the City Clerk's Office. A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation fonns signed by the Developer are on file in the City Clerk's Office. Respectively submitted, /~-----_.'\ . .. -. . i,,___/!{{ I !t (f / William J. O'Neil City Engineer WJO:WV:tv Attachment(s) SJ;c , /C7t:J7#,/LL ~ :s: '\ .~ !~, i__,C~_C) \_ C.-~ '," r-I : I~ L- I ,""" I ~ " \S ,if A,R.RLJW ~,1PTEI P99 I ,.at VLJ, 4- ~ '$ ~ 4- A N ITEM: ~ACT /6908 TITLE:_V/C/N/TY MAP CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION P100 RESOLUTION NO. Oft; - 3'/2.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16908 WHEREAS, Tentative Tract Map 16908, submitted by HL Homes Corporation and consisting of a subdivision of 3.74 acres of land into one lot for the development of 41 residential condominiums, located on the north side of Arrow Route, west of Baker 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 March 23, 2005; and WHEREAS, Tract Map 16908 is the final map of the division of land 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 HL Homes Corporation, 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 16908 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. P101 RESOLUTION NO. ()(p-.343 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 NO.1 FOR TRACT MAP 16908 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.1 and Street Light Maintenance District No.1 (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 XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have req\lested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and P102 RESOLUTION NO, TRACT MAP 16908 November 1, 2006 Page 2 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 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 16908 P103 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: HL Homes Corporation The legal description of the Property is: A SUBDIVISION OF A PORTION OF LOT 14 OF SECTION 9, TIS, R7W, SBM, ACCORDING TO MAP OF CUCAMONGA FRUIT LANDS, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS AND PARCEL 2 OF PARCEL MAP NO. 3908, AS PER MAP RECORDED IN BOOK 38, PAGE 49 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OR SAID COUNTY. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 TRACT MAP 16908 P104 eXHllJlT ~-e." ASSESSMENT-DIAGRAM LANDSCAPE MAINTENANCE DlSTiucT NO.1 STREET LIGHTING MAINTENANCE DISTRICT NO . 1 .-.---,. - ,. -----..--, ;".---" .-' , ~I - , , I , , . - , n' , \ \ : L____-' -' -....- c__u___. L-.~----~ L....---' - -------1 ~I' I f- e- r ' . . I :1 I f- f- r I YJ I I "', rm ~ i ~I '--: J. J [:[] {r --= I ~tn '~,. Me []:~ f lJ: [] 1.-- i ," []:[] I -1'- "< U L ~ II ~ , 7 'Ill j []:~ ~((1I O=~:i 1IIIi L ...... 1,1j . I I I . rliJ I .~ 1\' I - ~~I:H i L -, II 1J r ct:: ~ I II ~ I I . a c~ III i ~ ~",t:; II I , ~: ~I~ ,~ I c.::J , 0 J~ I " ~. '~ A-MdW ~(/(/T& .JTftftl tiel/IS S11<ar -nrar' g CA. 8M. A CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO NORTH l}('A q /6 9tJI!!J P105 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails which are located at various sites throughout the City. These sites are not considered to be associated with anyone particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. B-1 TRACT MAP 16908 P106 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: TRACT 16908 Street Lights SLD # 1 5800L Number of Lamps 9500L 16,000L 22,000L 3 27,500L Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 8 'Existing items installed with original project Assessment Units by District Parcel DU S 1 L 1 . 41 41 20.5 B-2 TRACT MAP 16908 P107 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): The rate per assessment unit (AU.) is $92.21 for the fiscal year 2006/07. The following table summarizes the assessment rate for Landscape Maintenance District NO.1 (General City): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 8154 1.0 8154 $92.21 $751,880.34 Family Multi- Parcel 7404 0.5 3702 $92.21 $341,361.42 Family Comm/lnd. Parcel 2 1.0 2 $92.21 $184.42 TOTAL $1,093,426.18 The Proposed Annual Assessment against the Property (TRACT 16908) is: 41 Units x 0.5 AU. Factor x $92.21 Rate Per A.U. = $1,890.31 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (AU.) 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 # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853,27 Family Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207,06 The Proposed Annual Assessment against the Property (TRACT 16908) is: 41 Units x 1 AU. Factor x $17.77 Rate Per A.U. = $728.57 Annual Assessment C-1 TRACT MAP 16908 P108 STAFF REpORT ENGINEERING DEP"\RTMENT Date: November 1, 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 Subject: APPROVE A CONTRACT EXTENSION WITH WSA SECURITY, INC. (CO 01-060) TO JUNE 30, 2007 IN THE AMOUNT OF $415,180 TO BE FUNDED FROM 1001312-5304 ($202,800),1133303-5304 ($120,000),1700201-5304 ($70,380), AND 1290606-5300 ($22,000) TO COVER MONTHLY SECURITY GUARD SERVICE AND EXTRA WORK FOR FISCAL YEAR 06-07 RECOMMENDA TlON It is recommended that the City Council approve a contract extension with WSA Security, Inc. (CO 01-060) to June 30, 2007 in the amount of $415,180 to be funded from 1001312-5304 ($120,000), 1133303-5304 ($120,000), 1700201-5304 ($70,380), and 1290606-5300 ($22,000) to cover monthly security guard service and extra work for Fiscal Year 2006-2007. BACKGROUND/ANALYSIS On January 5, 2005, City Council approved a contract extension with WSA Security, Inc. to provide security guard services at the Metrolink Station, Civic Center, Epicenter, Library, Central Park and add the Cultural Arts Center to their scope of service. This contract was originally awarded to U.S. Guards in June 2001. Staff is currently in the process of preparing to re-bid this contract and will complete the re-bid process on or before June 30, 2007. Staff recommends extending the contract with WSA Security, Inc., to continue service uninterrupted until June 2007 or after award of the new contract to the successful bidder, whichever is sooner. Staff has received a letter from WSA Security, Inc. acknowledging their desire to continue this contract and hold their prices the same as last fiscal year unless there are unforeseen circumstances that will require the contract be re-negotiated. The City has received a high level of service from this vendor and recommends extending their contract to June 30, 2007 or until the new service contract is awarded. Respectively submitted, "- iT' ( ? Ij:/lJ Willi~m J. O'Neil City Engineer WJO:DC:ju P109 STAFF REpORT ADMINISTRATIVE SERVICES DEPAR1MENT Date: November 1, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Linda Daniels, Acting Administrative Services Director By: Manuel E. Pilonieta, Information Services Manager1? Dawn Haddon, Purchasing Manager 'In/.. Subject: APPROVAL TO AWARD A CONTRACT TO LENOVO FOR THE PURCHASE OF PERSONAL COMPUTER EQUIPMENT FOR NEW PERSONNEL IN THE AMOUNT OF $23,286. TO BE FUNDED FROM OBJECT CODE 5215 WITHIN VARIOUS DEPARTMENTAL ACCOUNTS IN THE CITY GENERAL FUND RECOMMENDATION It is recommended that the City Council authorize staff to approve vendor selection and award a contract to Lenovo for the purchase of personal computer equipment for new personnel in the amount of $23,286, to be funded from object code 5215 within various departmental accounts in the City General Fund. BACKGROUND/ANALYSIS The Information Systems Division supports the City's computer services, including desktop computers that are used by staff. In collaboration with other departments, Information Systems has identified computer equipment that needs to be purchased for new staff, which amounts to twenty-two (22) new Lenovo personal computers and monitors Information Systems provided specifications to Purchasing for this computer equipment. A formal request for quote was prepared by Purchasing and was sent to vendors that have been awarded competitively bid contracts for computer hardware. After review of the responses received from the vendors, the IS Division and Purchasing have determined that Lenovo is the lowest, most responsible, responsive bidder. Lenovo has quoted pricing utilizing the WSCA Master Agreement number A74813. Respectfully submitted, ~tBlI.~ Linda Daniels Acting Administrative Services Director P110 STAFF REpORT ENGINEERING DEP.\RTMENT Date: November 1, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. ONeil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 16227-1, LOCATED AT THE NORT~WEST CORNER OF DAY CREEK BOULEVARD WEST OF ETlW ANDA A VENUE, SUBMITTED BY MERlTAGE HOMES OF CALIFORNIA, INC. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 16227-1 were approved by the City Council on September 7,2005, in the following amounts: , Faithful Performance Bond: Labor and Material Bond: Monumentation Cash Deposit $ $ $ 1,383,900.00 691,950.00 9,900.00 Due to unforeseen construction delays the improvements have not been completed. The developer, Meritage Homes of California, Inc., is requesting approval of a l2-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectively submitted, ~/iC(// U l/t / William J. O'Neil City Engineer WJO:TCH Attachments OCT-12-2006 THU 08:46 AM Meritage Homes oe~-2\-200B THU 0\:50 PM ~--l~age Home. -/ 09/2 \12006 Tl1Sha. HUlltor City o!Rnncho Cuol\lXlonga 10S00Civie C_ Df Rancho Cucamonga, CA 91729 FAX NO. 9492505822 FAX NO. -8492505822 '( 7 ? ?.. ?'{r Subject: .Improvement Agre=t Extl:1lSion for Trnet 16227-1 DearTllIlha: We are ~ an extcnsio.. to the Improvement Agreement for !RAeT 16221-1 du.; tp l.lIlfoICSClell COnWucU"A clehlys. ' Dominic I.ati>mzl Assistant Project MllIl3ger o-~ al949-777-9S29. -" _.~, " p, 02/cP111 p, 03/03 ~ ~--+-- , \,~ ,"'rr.z;-E::~:~~~'i0~\. :1"'~:i~2>:~i" %, '~";"'.~....) h... :f. ' " . "-I': f;-r; ".~:' -" .j:: .,,, ~(:..'~";" \ '<', \~. (:J~. ~"'.,,.J ~.~"""""""r:r:rJ:.;", ~,~:if"I.I.I.,U "ih,--.j '~~\'\"I"I"I.I.I..I{i' \ \~ c,~, "-:c'- ,I".......... ~:1Z~' ~.(/v\'''''~\''~~J-_~_J...LW_~)- I '~/ < "~;,,'i";;.ii. .,,}!if~'~::);J!7:7\:'; '1j'J:{?~;;S;i~~~\;'~M"""f'j:~.~t!l,*, i ":.;'""" . .' 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' .. ,,/... t-1 ~ ' , f-I-- f-I- ". %,," f/\: ' , ~BI-.- I--f-_. ,,~"~.. ~X'\\I'/...YV'~ 5f, I~ ,,-a:m:D:D \':".";"" ..:~,," TTTllfl:::i .^,V/ .WJlliJJ ~~:~~,,, ~:!+!n L,..~-,Y;~r= ~ . , 'ri /r-./f::. I- ~ ~~.: I II II liT II 'II I I II r\ 1 I II '\ ~.'" :f-f-J/:'II lilT DJUJ I' I' F ~ ~ E-::3 ED t::t:J 1= ~)/(\ \J /i.V' ()., I 1- ~ ITTlI ,g Ilnllllllll E:Y ~C:::':::::r./I--~ ~ ' I-- \;:: \-~)-f- \ TIllTII 1/ II II II ITTTT II ~'t== SA'-( l- TIT \ C I I li7 r fY) I- _,':: "'TIlJ c -. 'Iii':;;:~ VT nlll "lCm 'I :"~ ~ ,TITTTlIlT! ]JIIIIIII I. R -lllrrrr- i--- nTTT --------- d "Tn IIII1 IT "/ l-Lf:b't: 'IJ is 7rrrm~ '-- b .UItDIIIII ki- '" V 'yV h ~ ffIt,w-,,~~l[! . 1 s.-r/..' ~ 'I t. ~J f"""iTID' "\ --=:_, ' -1 -J I f-- ~: . :'r~..L.:.. ' --1 "I r~rmr ':', 1~~~fflr~Et I f-. ~ P112 '" '" ~ 0 '" ~ <=> '" c <=> '"-l '" ",;2 II "'" ;:> < fa ,0;= ^ ~ .=: ,- u ^ Ii:l;; 0 ^ .a~ u _ :r:: ~E9 f-< ~~ ~ 0 '"-l'"-l Z ....:i f- ..... f- <C o z Oz ;;S9 <C~ ~ U2; .~~ ....., Cl e-- _ ....J I-r UO !-- o:Z: I- 4:r'T\,"'iWI ~ h-< i2 I~( ;~~~Thjt\ ~' g ~ fT7\-~ ". ,><)~t!i'fi~ 0 ~ iE P113 RESOLUTION NO. !J t - ~ '1'/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227-1 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 18, 2006, by Meritage Homes of California, Inc., as developer, for the improvement. of public right- of-way adjacent to the real property specifically described therein, and generally located at the northwest comer of Day Creek Boulevard west of Etiwanda Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16227-1; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. P114 RANCHO CUCAMONGA r ENGINEERING DEPARTMENT "':':'0 Staff Report DATE: TO: FROM: BY: SUBJECT: November 1, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Tasha Hunter, Public Service Tech I APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 16279, LOCATED ON THE NORTH AND SOUTH SIDES OF REALIGNMENT HIGHLAND AVENUE, BETWEEN ETIWANDA AND EAST AVENUES, SUBMITTED BY TOLL BROTHERS RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 16279 were approved by the City Council on March 2, 2005, in the following amounts: Faithful Performance Bond: Labor and Material Bond: $3,590,800.00 $1,795,400.00 Ongoing sales and construction and the delay of Cal-Trans land transfer, has delayed this project. The developer, Toll Brothers, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectively submitted, . , -I -(( /( if (( Willi,;l'm J. O'Neil City Engineer WJO:TCH Attachments P115 croll CBrothers America's Luxury Home Builder" October 9, 2006 City of Rancho Cucamonga Tasha Hunter, Engineering Division 10500 Civic Center Dr. Rancho Cucamonga, CA 91729 RE: Improvement Agreement Extension f6r Tract 16279 Dear Mrs. Hunter, I am requesting an extension for the Improvement Agreement for tract 16279. Although we are very near full completion, we have a few outstanding items which will require an extension. If there are any questions or concerns, please contact me. Regards, -p~tv,r~~ _ .Brandon Baker Assistant Project Manager Ph: 909-980-9425 Cc: Lot file New York Stock Exchange. Symbol TOL 725 Town and Count~y Rd., Suite 500, Orange. CA 92868 Telephone: (714) 347.1300. FAX: (714) 835-9685 . ,<'j' "1'." . ~. . ~, ,~.... o P116 .., ~1~'.~ TRACT NO. 16279 TOll BROTHERS 79 'lOT SUBDIVISION 1.210 c,'C\Mo, o _....-...~.;... t~~r ,...e~'~';{~ ""I 't~ 1- """= o -:::t{( :: 8~f6 '~ '9" CITY OF RANCHO CUCAfdONGA title; ENGINEERING DIVISION VICINITY MAP ^ N 17<.. [ {..:J.. I ., pa~e P117 RESOLUTION NO. 6(g- .3'-/5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16279 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on March 2, 2005, by Toll Brothers, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the north and south sides 'of Realignment Highland Avenue, between Etiwanda and East Avenues; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16279; and , WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. P118 The City of I Rancho C'ucamonga ~':;:::<'!:A Staff Report DATE: November 1, 2006 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James R. Troyer, AICP, Planning Director BY: Dan Coleman, Principal Planner SUBJECT: DEVELOPMENT REVIEW DRC2006-00633 - WF Fund III, LLC - Approval of recommendation for the public hearing notice distance for Environmental Impact Report for Development Review DRC2006-00633, General Plan Amendment, Development District Amendment and other related items located on the north side of Foothill Boulevard west of Center Street APN: 1077-601-02,03, and 04. RECOMMENDATION: Staff recommends that the City Council approve the Public Hearing noticing distance for Development Review DRC2006-00633 at a 1 ,OOO-foot radius. BACKGROUND/ANALYSIS: An Environmental Impact Report (EIR) is being be prepared for Foothill Family Apartments, a proposed 166 unit workforce housing project near the intersection of Foothill Boulevard and Center Street. Based upon neighborhood meetings already , conducted by the' applicant, staff anticipates potential public concern regarding the proposed development. Because of public interest and concerns, staff requests approval to increase the distance from the required 660-foot public hearing noticing distance to 1,000 feet. The district will also include all interested individuals who have previously asked to be advised of information for the project regardless of distance from the project site. . Respectfully Submitted, ~* R ,,1A~) James R. TrOyer'::~t - Planning Director JRT:VP/rlc Attachment: Radius Map DRC2006-00633 NOTIFICATION RADIIP119 j. ",: ~~ovt: ,-- 1--- T--' -.--- ..-:~~.. ,-- , ;.-',' ""<-,;"-, -~ . ~"'" ~-. "I., ~--,- '-f J~~ I~ ~G~OV'E . -~ ~-i- ~ --~~-'" .le,;", ..;/',' ,..' 'f,. .. . ':"-<f~ : co,~p ADllLI'o t ." - I j'" , '~"T..,..". .-~.~~.:.:, ":':->.,'.,- >-,:,._, , <~JI-~~r1~}1 ~ . ~~, ~ [_-~;~~~~~~~-r-:" ti,-: cooc!ilc !':'!'WA..' ~- N. .. CIl :l c: 'CIl-- ~. c: CIl > ,C'll ~ _ Project Site a Properties within 660 Feel- 159 La Properties within 1000 Feet - 296 _ Properties within 2000 Feet. 884 ",."., ;o:_=- ,_~i'_,.. CIl', :l c: !U J~J~~1~;f.~~ ';<.,C~c-I~..~ ......,..~T~~/... ...,:. ....~'N~ . -." ---_...~~~- ~ The I Rancho P120 City Of Cucamonga ,,"""H};.__'" ''I Staff Report DATE: TO: FROM: BY: SUBJECT: November 1, 2006 Mayor and Members of the City Council Lack Lam, AICP, City Manager James R. Troyer, AICP, Planning Director Dan Coleman, Principal Planner DEVELOPMENT REVIEW DRC2006-00633 - WF Fund III, LLC - Approval to execute a Professional Services Agreement with LSA Associates, INC., (CO 06 - ), not to exceed $39,060 for the preparation of an Environmental Impact Report for a request to develop 10.54 acres with 166 market-rate apartments in conjunction with a General Plan Amendment and a Development District Amendment located on the north side of Foothill Boulevard west of Center Street APN: 1077-601-02, 03, and 04 to be funded from the developer deposit through account 10013145303. Related Files: DRC2006-00634, DRC2006-00635, and DRC2006-00636. RECOMMENDATION: Staff recommends the City Council, through minute action, to authorize the Mayor to execute the Professional Services Agreement awarding the contract to EIP Associates. BACKGROUND/ANALYSIS: The City of Rancho Cucamonga Planning Department (City) is seeking assistance in preparing an Environmental Impact Report (EIR) for the Foothill Family Apartments project, a proposed 166 unit apartment project located in the City of Rancho Cucamonga. The project applicants included both the Workforce Homebuilders, LLC and the Rancho Cucamonga Redevelopment Agency. A portion of the apartment units qualify as affordable workforce apartments, with the remainder as market priced apartments. LSA is a full-service environmental consulting firm with proven expertise and years of experience in environmental science, planning, and design. LSA has already prepared a draft Initial Study plus technical studies on biological resources, cultural resources, and traffic. Based on the meetings between the project applicants, the Planning Department, City Attomey, and LSA, it was determined that an EIR would be prepared focusing on the issues of air quality, noise and traffic. The developer has submitted a deposit of $66,372 to cover the costs associated with the EIR preparation and processing. The contract is for $39,060 and the remainder of the deposit will be applied to the City's $27,312 EIR Preparation Fee. Res ctfully subm~d~." ,) . 1<. ~~rv Ja R. Troyer, AICP Pia ing Director JT:VP/rlc Attachments: Exhibit A - Location Map Exhibit B - LSA Associates Proposal dated October 4, 2006 Professional Services Agreement DRC2006-00633 NOTIFICATION RADlf121 c.....,..,wOlJU . , L.- c' ,., j-- '-~'-I-::""'" - _OO~ .~,-"~,' - ~~.;~ ~.'. " ----I -, 1"- ~:--=' >.1 .....Q~OII!' '" , ..- a ~ ~ _!"'J'W!Q. .~~:.. ':; ,:'\'~'i' '3.; ... ....f: CO,'WjO ALlOlJOi, .' BOlVla .>', , '.-" ~~~~~:,I:';" T~Cl~ I ~oo "V1N~" ! IO.PI>IE '.0.1.'''''''' '. .:s .-. ! ,II, Ql ::s c: Ql > <( <II . 1/), ~~~.,;'"~ ~_.o ."ft~~ . . :I: 8eDl'ORD 1- ,j:;_.; ~~"1~C~!: _ r 'eJ Ql ::So c: 'Ql--_. :> <( c: Ql' ,i; ~. ' :I: ,,~" EXHIBIT A !Y. '~~c:flD !,:,!,CN>A' ts. N- a Project Site D Properties within 660 Feet ~ 159 o Properties within 1000 Feet. 296 _ Properties within 2000 Feet - 884 ~ ',-, ;.... ,~ P122 L S ^ I LSA ASSOCIATES. INC. 1500 IOWA AVENUE, SUITE 200 RIVERSIDE. CALIFORNIA 92507 951.781.9310 TEL 951.781.4277 FAX BERKELEY CARI-SBAD COLMA FORT COLLINS IRVINE PALM SPRINGS POINT RICHMOND ROCKLIN SAN LUIS OBISPO October 16, 2006 Mr. Dan Coleman City of Rancho Cucamonga, Planning Department 10500 Civic Center Drive Rancho Cucamonga, Califomia 91730 Subject: Proposal for the Preparation of an Environmental Impact Report for the Foothill Family Apartments in the City of Rialto, California (LSA Proposal No. WKH0601) Dear Mr. Coleman: LSA Associates, Inc., (LSA) is pleased to submit this proposal to prepare an Environmental hnpact Report (EIR) for a 166-unit apartment project proposed by Workforce Homebuilders. As you are aware, LSA is a full-service environmental consulting fInn with proven experience preparing environmental documents throughout southern California and in Rancho Cucamonga. Mr. Ray Hussey will , perfonn the duties of Project Manager on the Foothill Family Apartments EIR. The following individuals are authorized to negotiate with the City on behalf of LSA: Lynn Calvert-Hayes, AICP Managing Principal 1500 Iowa A venue, Suite 200 Riverside, California 92507 (951) 781-9310 James Baum Chief Financial Officer 20 Executive Park, Suite 200 Irvine, California 92614 (949) 553-0666 Rob McCann President 20 Executive Park, Suite 200 Irvine, California 92614 (949) 553-0666 I verify, under penalty of perjury, that I am an agent authorized to submit proposals on behalf of the organization. Sincerely, Lynn Calvert-Hayes, AICP Principal 10/1612006 (R:\WKH0601\proposal EIR\ProposaICoverLetter.doc) PLANNING ENVIRONMENTAL DESIGN P123, PROPOSAL FOR CITY OF RANCHO CUCAMONGA FOOTHILL FAMILY APARTMENTS ENVIRONMENTAL IMPACT REPORT Prepared for: City of Rancho Cucamonga, Planning Department Attn: Dan Coleman 10500 Civic Center Drive Rancho Cucamonga, California 91730 Prepared by: LSA Associates, Inc. 1500 Iowa Avenue, Suite 200 Riverside, California 92507 (95 I )781-9310 LSA Proposal No. WKH0601 RANCHO CUCAMONGA L S ^ October 16, 2006 P124 TABLE OF CONTENTS INTRODUCTION .................................. ............... ................. ........... ....................... ................. ...... ....... 1 SCOPE OF WORK ................................................................................................................................2 PRO] ECT UNDERSTANDING. ............. ............................ ........................... .... ............................. 2 LSA'S ROLE ............... ............................. ........... ................. ............................... ................. ........... 2 WORK PROGRAM.........................................................................................................................3 BUDGET ESTIMATE. ............................. ............. ............ ... ....... ...... ........ .......... ............................8 SCHEDULE ................. ................ .............. ........................................ ... ............... ...... ............ ........ 10 KEY PERSONNEL ...... .................................... ................ ..... ....... .................. ......... ...... ................. ...... 12 QUALITY CONTROL AND PROJECT MANAGEMENT ............................................................... 14 R:\ WKH060 I \proposal EIR\Proposal~ EIR _ RcApts.doc P125 F OOTHILL FAMILY APARTMENTS EIR RANCHO CUCAMONQA OCTOBER 2006 L S ^ UA A"OC'A"~'. I~O.. INTRODUCTION The City of Rancho Cucamonga Planning Department (City) is seeking assistance in preparing an Environmental Impact Report (EIR) for the Foothill Family Apartments project, a proposed 166-unit apartment project located in the City of Rancho Cucamonga. The project applicants include both Workforce Homebuilders, LLC and the Rancho Cucamonga Redevelopment Agency. A portion of the apartment units qualifY as affordable workforce apartments, with the remainder of the units as market-priced apartments. LSA has prepared a draft Initial Study plus technical biological resources, cultural resources, and traffic studies. Based on meetings between the project applicants, the Planning Department, City Council and their legal counsel, and LSA, it was determined that an EIR would be prepared addressing the issues of air quality, noise and traffic. The following scope of work is based on modifYing the Initial Study to indicate that further review of these issues will be addressed in the EIR. LSA is a full-service environmental consulting firm with proven expertise and years of experience in environmental science, planning, and design. We have offices located in Berkeley, Carlsbad, Colma, Irvine, Palm Springs, PI. Richmond, Riverside, Rocklin, and San Luis Obispo, California, and in Ft. Collins, Colorado. LSA currently employs more than 250 full-time employees, including experts in environmental analysis, transportation planning and engineering, biology and wetlands, habitat restoration, cultural resource management, geographical information systems, community and land use planning, archaeology and paleontology, noise, and air quality. With expertise and experience in such a broad range of areas, LSA has the ability to put knowledge into action on your behalf. Processing California Environmental Quality Act (CEQA) documents is the major service provided by LSA. Our staff is well versed in the interpretation and application of CEQA guidelines. While we pride ourselves on our technical document preparation skills, we believe that the most important aspect of our overall service is our project management skills. On a daily basis, this translates into tracking and expediting documents through the steps necessary to successfully achieve completion of CEQA requirements in a timely manner. R:\WKH060] \proposal EIR\Proposal_ EIR _ RCApts,doc P126 FOOTHILL F AMtLY APARTMENTS EIR RANCHO CUCAMONGA OCTOBER 2006 L S ^ SCOPE OF WORK PROJECT UNDERSTANDING The project proposes development of high density residential uses on a IO.54-acre site located on the north side of Foothill Boutevard and the west side of Center Street in the City of Rancho Cucamonga (City). An existing restaurant (The Whole Enchilada) is located at the northwest comer of Foothill Boulevard and Center Street, which will be enveloped on its north and west sides by the proposed project. This project is co-sponsored by Workforce Homebuilders and the City of Rancho Cucamonga Redevelopment Agency. Currently, the project site is developed with two residential structures and a tire shop with a small portion of the site used as a strawberry field. The project includes the demolition of the residential structures, tire shop, and strawberry field. The project proposes to develop up to 165,780 square feet of affordable workforce apartments and garages. The buildings would consist of 14 one-story, two-story, and three-story residential buildings, with 166 units. The project will include 84 two-bedroom units and 82 three-bedroom units. The site would include 248 covered parking spaces and 117 open parking spaces. Access to these uses would be from Foothill Boulevard, as well as a secondary access from Center Street. Pedestrian gateways will be set at mid- block locations on both sides of the main entry. The proposed development will also include a two- story community building with fitness center, media room, business center, game room, and laundry room. Additional recreational amenities will also include a pool and spa facility, tot lots, barbeque area, outdoor fireplace, open common area, and picnic gazebos. LSA'S ROLE The City will be the Lead Agency as required by CEQA, responsible for assessing the potential environmental impacts of the project and identifying mitigation measures to reduce the severity of significant environmental impacts. LSA's role, therefore, is to function as the City's consultant in preparation of environmental documentation for the project that will provide an objective analysis of the physical impacts that may result from the construction and operation of the proposed residential development. Our overall approach can be summarized as follows: 1. Prepare a thorough and logically organized written impact assessment that will withstand public and agency scrutiny, as required by CEQA. 2. Work with relevant responsible agencies and City staff to identify and resolve technical issues relevant to potential impacts. 3. Work constructively with the City to minimize project environmental impacts while attaining project objectives. 4. Provide in-house review of all products by a technical editor and a Principal prior to submittal to the City, according to the LSA Quality Control Handbook. R:\ WKH060] \proposal EIR\Proposal_ EIR_ RCApts.doc 2 P127 FOOTHILL FAMILY APARTMENTS EIR L S ^ RANCHO CUCAMONGA OCTOllER 2006 WORK PROGRAM TASK 1.0: Task 1.1: PROJECT INITIATION Project Kick-Off Mecting In order to ensure the orderly flow of project efforts, a project kick-off meeting will be undertaken at the outset ofthe work effort. The meeting will be held with City staff to accomplish the following: . Establish a mutual understanding of the EIR program objectives; confirm key issues to be addressed in the EIR (i.e., air quality, noise, and traffic); explore community concerns regarding the project, and discuss City expectations for the consultant's work effort. . IdentifY City department and governmental agencies, and business, environmental, and service organizations whose input will be vital to the successful completion of the EIR program. . Refine the scope of work to be performed for the EIR. . Define protocols for requesting information of City staff and the LSA team. . Refine the project schedule, establish protocols for product review and coordination with the City, and define project milestones and decision points. . Obtain additional plans, reports, ordinances, and studies applicable to the project. . Obtain City's mailing list for environmental documents. Prior to the kick-off meeting, LSA will identifY its document and information needs to assist City staff in accumulating the background information that may be required to initiate the work effort. LSA suggests that project initiation meeting include a preliminary discussion of project alternatives and the manner in which cumulative impacts will be addressed in the EIR. While preparing the draft Initial Study, LSA visited the project site to establish an understanding of existing site conditions, the physical setting of the proposed project site, and the relationship between the project site and adjacent lands/uses. Task 1.2: Project Description LSA will prepare a draft project description defining the project to be evaluated in the EIR. The project description will be based on the most recent information provided by the applicant and/or the City. The project description will discuss project objectives (as defined by the applicant and City), project infrastructure phasing, geographical setting, and related projects, and will summarize the approvals necessary from the City and other agencies. Each of the requirements in CEQA for an EIR project description will be included in this section. The project description will be submitted to the City for review and approval prior to the commencement of work on the IS and Administrative Draft EIR. Output: Clear project objectives, confirmation of the scope of work and schedule, a mutual understanding of the process and protocols that will be followed, and an identification of key stakeholders in the program. R:\ WKH060] \proposaJ EIR\Proposal_EIR _ RCApts.doc 3 P128 FOOTHILL FAMILY APARTMENTS EIR RANCHO CUC....MONGA OCTOBER 2006 LSA TASK 2.0: INITIAL STUDY AND NOTICE OF PREP ARA nON Task 2.1: Initial Study LSA will revise the previously prepared draft Initial Study (IS) so that it identifies the need for preparation of an EIR to provide further analysis of potential impacts associated with air quality, noise, and traffic. LSA will revise the draft IS and submit it to the City for review prior to distributing the document to the public. After receiving written comments from the City on the revised draft IS, LSA will incorporate any revisions and/or address the review comments and distribute the document for a 30-day public review period along with the Notice of Preparation. Task 2.2: Notice of Preparation A Notice of Preparation (NOP) to prepare an EIR has a critical objective of providing a means by which the general public and responsible agencies can participate in the environmental process by providing written comments in the public record as to what.issues they require to be addressed in the EIR. It is also essential that the City and LSA understand the aspirations, concerns, and values of community interest groups from their unique perspectives. The NOP will indicate that the EIR is in preparation and will request guidance from each public agency and members of the general public regarding the scope and content of the environmental information to be included in the EIR. LSA will prepare a draft NOP using the City's preferred format. The draft NOP will be submitted to the City for review and approval as part of the review of the draft IS discussed in Task 2.1. Once final, the NOP will be packaged with the IS for reproduction and distribution to the public for a 30- day public review period. Based on the City's distribution list, the NOP/IS will be distributed to the Responsible Agencies, Trustee Agencies (if any), and other interested parties and members of the public who should receive the NOP/IS. Output: This task will include submittal ofa five (5) copies ofthe draft IS for one round of review by the City, preparation of up to forty (40) copies of the NOP/IS for distribution to the addresses on the City's mailing list, including the required fifteen (15) copies to the State Clearinghouse. TASK 3.0: SCREENCHECK DRAFT EIR The Screencheck Draft EIR (SDEIR) will include a thorough assessment of the potential impacts that may result from the operation of the proposed project and will contain the information set forth in Article 9 of the State CEQA Guidelines. As warranted, the SDEIR will include relevant comments received during the NOP review period and Public Scoping Meeting. Because LSA has previously prepared technical studies addressing air quality, biological resources, cultural resources, noise, and traffic studies, no additional studies will need to be prepared. The issues that will be identified in the revised Initial Study requiring in-depth discussion in the SDEIR are anticipated to include the following: . Air Quality . Noise R:\WKH060 1 \proposal EIR\Proposal_ EIR _ RCApts,doc 4 P129 FOOTHILL FAMILY APARTMENTS EIR RANCHO CUCAMONGA OCTOBElI. 2006 L5A UAAOSOCIATn.'SC.. . Traffic In general, the SDEIR will include the following items related to potential impacts associated with an assessment of air quality, noise, and traffic: . An evaluation and analysis of specific characteristics of the City as they affect and will be affected by the proposed project. . An assessment of the direct and indirect environmental impacts that will be created by the proposed project based on established thresholds of significance. . The graphic depiction of environmental and planning factors and their relation to the project and its implementation. . The formulation of specific mitigation measures that can be implemented and monitored effectively during subsequent development. . An analysis of the level of significance of project impacts after the application of mitigation measures. . The identification of potential altematives to the proposed project. The scope of the alternatives will be developed in consultation with the City. The evaluation of alternatives will provide a comparative analysis of alternatives to the proposed project. This scope and cost estimate anticipates an analysis of up to three (3) project alternatives. . Potential growth inducing aspects of the project will be discussed. . The following CEQA-mandated topics will be addressed: o Any significant irreversible environmental changes that would be involved in the proposed action should it be implemented; o Unavoidable adverse impacts; o Cumulative impacts of the proposed project; and o Consistency of the proposed project with Regional Plans. As necessary, the City will provide information related to proposed, approved, and/or probable future projects for inclusion in the discussion of potential cumulative impacts, and will provide input as to the location and nature of project alternatives. These work efforts will be compiled into an SDEIR, along with analysis of topical issues required by CEQA, an introduction, and project description. The SDEIR will further identifY any impact that cannot be reduced to a less than significant level. The SDEIR will be submitted to the City for review and will then be modified based on comments received. The City's comments on the SDEIR will be assembled into a single document, providing specific and non-contradictory comments. LSA will revise the document as necessary to accommodate City comments. The cost estimate provides for two (2) cycles of review of the SDEIR by City staff. Additional cycles of review can be accommodated through an augment to this scope and budget. Output: Prepare and distribute up to five (5) copies of the SDEIR to the City for two cycles of review. R:\ WKH060 1 \proposal EIR\Proposal_ EIR _ RCApts.doc 5 P13 FOOTHILL FAMILY APARTMENTS EIR L S ^ RANCHO CUCAMONGA OCTOBE1l 2006 TASK 4.0: DRAFT EIR Within two weeks of receiving a complete, specific, and non-contradictory set of written comments from the City on the second SDEIR review, LSA will modifY the document and compile the Draft EIR for public review. This scope of work includes up to twenty (20) bound and thirty (30) electronic copies of the Draft EIR. The electronic copies of the Draft EIR will include the entire Draft EIR (text, graphics, and appendices) on CD-ROM in Adobe Acrobat Portable Document Format (PDF) together with a hard copy of the Summary (Section 1.0) and will be sent to the addresses contained on the distribution list prepared for this project and provided by the City. LSA will also send the required number (15) of complete electronic copies and the summary of the Draft EIR to the State Clearinghouse. The state copies will be sent along with a Notice of Completion (NOC) prepared by LSA. LSA will prepare a Notice of Availability (NOA) of the EIR for filing with the City and the San Bernardino County Clerk. The NOA may also be used to provide public notice to certain agencies and/or members of the public who will not be sent an electronic copy of the Draft EIR. Output: LSA will prepare up to and send twenty (20) bound and thirty (30) electronic copies of the Draft EIR, plus one (I) copy of the NOC and NOA. The City will be responsible for providing a distribution list tailored to this project, white LSA will send the Draft EIR to the addresses on the distribution list as well as mailing fifteen (IS) copies along with the NOC to the State Clearinghouse. As permitted by CEQA and the Governor's Office of Planning and Research (OPR), LSA will send the electronic copies of the entire Draft EIR (including text, graphics, and appendices) on CD-ROM in Adobe Acrobat Portable Document Format (PDF) together with a hard copy of the Summary (Section] .0). TASK 5.0: FINAL EIR The Final EIR will include an Executive Summary of the Draft EIR, the Draft EIR (as modified to address any minor corrections and in response to comments received), letters of comments received on the Draft ElR and City responses to the comments, and the Mitigation Monitoring and Reporting Program. Task 5.1: Responses to Comments At the close of the 45-day public review period for the Draft EIR, and as necessary, LSA will coordinate with City staff to review all comments on the Draft EIR that were received and to discuss potential responses to these comments. LSA will then formulate responses to the comments on the Draft EIR received during the public review period. A maximum of 80 hours of professional staff time has been budgeted for responding to comments. If at the end of the 45-day review period it is clear that more than this amount of time will be required to respond to comments received, a budget augment may be necessary. Once draft responses to comments are completed, they will be submitted to City staff for review and comment. The comments and responses will be incorporated into the responses to comments document, which will be submitted to the City for use in public hearings and for inclusion in the Final EIR. As required by State law, it will be necessary to distribute the responses to comments directly to each commenting R:\WKHQ60 1 \proposal EIR\Proposal_ EIR _ RCApts.doc 6 P131 FOOTHILL FAMILY APARTMENTS EIR RANCHO CUCAMONGA OCTOBER 2006 LSA agency 10 days prior to the public hearing decision on the Final EIR. The responses to comments will be included as an appendix to the Final EIR. Output: Draft responses to all written (including e-mail) comments on the Draft EIR that were received during the public review period, submit to City for review and comment, and revise responses to comments based on City staffs review. LSA will provide five (5) copies of the Response to the Draft EIR Comments to the City. Task 5.2: Mitigation Monitoring and Reporting Program Prior to the City action on the project and the Final EIR, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to assist the City in implementing the mitigation measures contained in the ElR. The MMRP will delineate the procedures for monitoring and complying with each mitigation measure, identifY the agency/position responsible for the monitoring and reporting of each measure, identifY the funding source (if applicable or necessary), and provide the schedule for implementation. LSA will be assisted by City staff to detennine the existing City mechanisms for ensuring implementation of standard mitigation measures. Output: An MMRP to be incorporated into the Final ElR to ensure the implementation of EIR mitigation measures meeting applicable CEQA and City requirements. Task 5.3: Administrative Final EIR LSA will prepare an Administrative Final EIR that includes the Draft EIR, Responses to Comments, and the Mitigation Monitoring and Reporting Program for City review and comment. The Final EIR will not include the appendices from the Draft EIR, but will indicate that the Appendix items have not changed since publication of the Draft EIR, which will be available for public review at the City Planning Department. To facilitate review of the Final EIR, revisions made to the text of the Draft ElR subsequent to the 45-day public review period will be depicted utilizing underline/strikeout text. The Administrative Final EIR will be submitted to the City for review and comment. Output: Up to three (3) bound copies of the Administrative Final ElR for City review and comment. Task 5.4: Final EIR The Final ElR will be revised per City staff comments and compiled into a Final EIR prior to public hearings on the project and EIR. As mentioned previously, the Final ElR will include an Executive Summary of the Draft EIR, the Draft ElR as modified to address corrections and comments received, responses to the comments received, and the Mitigation Monitoring and Reporting Program. Output: Up to fifty (50) bound, one (I) unbound, and ten (10) electronic copies ofthe Final ElR will be provided to the City. LSA will distribute up to ten (10) additional copies of the Final EIR on CD-ROM to agencies and individuals that provided comment on the Draft ElR. R:\WKH060 1 \proposal EIR\Proposal_ ErR _ RCApts.doc 7 P132 FOOTHILL FAMILY APARTMENTS EIR LSA RANCHO CUCAMONGA OCTOBER 2006 TASK 6.0: PUBLIC HEARINGS It is anticipated that two hearings, one each at the Planning Commission and the City Council, will be required for project approval. LSA will attend a maximum of two (2) public hearings related to approval of the proposed project and certification of the EIR. As appropriate, LSA will make presentations to each body, explaining the content, findings, and determinations of the EIR, and will respond to relevant comments raised during public hearings. Output: Attendance at up to two public hearings of the Planning Commission and City Council. TASK 7.0: PROJECT CERTIFICATION Upon certification of the Final EIR, LSA will provide the City with the Notice of Determination (NOD) for submission to the County Clerk. While LSA will prepare the NOD, it is the responsibility of the City to file the NOD with the County Clerk. LSA will complete applicable forms to comply with AB 3158 (California Department of Fish and Game filing fees) and provide them to the City for filing. If the project is not exempt, it will be the responsibility of the project proponent to pay any applicable California Department of Fish and Game filing fees. LSA will provide up to two (2) copies of the NOD for filing. Output: Preparation of the Notice of Determination and California Department of Fish and Game forms. TASK 8.0: PROJECT ADMINISTRATION The work program is intended to ensure the smooth functioning of the EIR process for the project by maintaining open communications with the. LSA will maintain a continuous liaison with the City team by identifying and defining key issues as they arise and coordinating a response to them acceptable to the City. Output: Ongoing coordination between LSA and City staff to ensure the smooth functioning of the EIR program. BUDGET ESTIMATE We propose to accomplish the above-detailed tasks on an hourly basis, consistent with the attached billing rates. We estimate that a budget of $39,060 will be required to prepare and process the EIR through adoption by the City Council. The estimated budget will not be exceeded without your prior authorization. Total Task Labor Reimbursables Budget Task 1.0: Project Initiation Task 2.0: Initial Study/Notice of Preparation Task 3.0: Screencheck Draft ErR $670 $2,190 $6,465 $0 $550 $250 $670 $2,740 $6,715 R:\ WKH060 I \proposal EIR\Proposal_ EIR~ RCApts.doc 8 P133: FOOTHILL FAMILY APARTMENTS EIR RANCHOCUCAMONGA OCTOBER 2006 L S ^ Total Task Labor Reimbursables I Budget Task 4.0: Draft EIR Task 5.0: Final EIR Task 5.1: Responses to Comments Task 5.2: Mitigation Monitoring and Reporting Program Task 5.3: Administrative Final EIR Task 5.4: Final EIR TOTAL TASK 5.0 Task 6.0: Public Hearings Task 7.0: Certification Task 8.0: Project Administration $3,410 $1,500 $4,910 $100 $7,880 $0 $555 $500 $5,330 $250 $3,290 $850 $17,055 $100 $1,140 $100 $1,430 $100 $4,400 TOTAL PROJECT COSTS $35,610 I $3,450 $39,060 $7,780 $555 $4,830 $3,040 $16,205 $1,040 $1,330 $4,300 Payment of review or submittal fees or mitigation requirements by LSA is not included in this cost estimate. COST PROPOSAL SPECIFICATIONS The cost estimate is based on the assumptions listed below. . The cost to prepare the EIR does not include activities outside the scope of services presented in our proposal. . The cost proposal is based on hourly labor rates and material cost markups for LSA provided in with this scope of services. Any agreed-upon out-of-scope costs and additional work will be based on that Schedule of Fees. . Cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by City needs and other circumstances. LSA will endeavor to perfonn the services and accomplish the objectives within the estimated costs and schedule; however, if the scope of work or schedule changes, LSA reserves the right to revise our costs accordingly. . The City will provide LSA with copies of all known documentation relating to the physical or other conditions concerning the project site within five working days after the City has given authorization to proceed. It is assumed that the City has independently reviewed any such documentation. This scope and cost estimate does not include any work necessary to revise or update said documents. . This scope and cost estimate assumes two (2) rounds of review each by the City of the SDEIR, Draft EIR, and Final EIR. . Except as set forth in this proposal, it is assumed that the City (or its designee) will be responsible for the distribution of documents, publication and/or posting of notices, and payment of associated filling fees and costs. . The cost estimate is valid for a period of 90 calendar days from the proposal due date. Beyond 90 days, LSA reserves the right to re-evaluate the estimated costs. R:\ WKH060 1 \proposal EIR\Proposal_ EIR _ RCApts.doc 9 P13 FOOTHILL FAMILY APARTMENTS EIR RANCHO CUCAMONGA OCTOBER 2006 LSA L~" ....SOC.A...... '''c.. . The cost for invoicing presented in this proposal is for issuing invoices in our standard format. Any requests for special invoicing requirements such as a change in format, inclusions of backup, or other requirements will be billed as an approved augment to the contract on a time-and- materials basis. . This proposal was prepared by LSA solely for the City's use in evaluating LSA's business proposal and deciding whether or not to contract with LSA to perform the services described in this proposal. LSA considers the pricing and other business information the property of LSA. This proposal and the information contained herein shall not be used for any purposes other than as specifically stated above and shall not be disclosed to any other party without LSA's written consent. SCHEDULE Preparation of the ElR can proceed while the IS/NOP is out for public review. It should be noted that this schedule assumes the receipt by LSA of all relevant project-related materials from the City and/or project applicant. The EIR cannot be completed until these studies have been received. The following page contains a typical schedule to prepare an EIR. The schedule provides estimated time frames for each task and will be adjusted as necessary per discussion with the project proponent, taking into consideration key factors such as receipt of project information by LSA, the extent of comments received on the ElR, and/or review of products by the project proponent and the City staff. R:\WKH060 1 \proposal EIR\Proposal_ EIR _ RCApts.doc 10 ~ ,. . c ~ i P135 ~ "' .; . " '0 ~ . " " '" ~ fl. [ ~ ,. . " . ,.,.~..~,... .e I~ '" . E E c '" ~ ,. " ~ ,. . " . ~m. .""""""""""',.".," . ~ ,. D . ~ . . ,g . .. " ~ ,. . . ~ ~ ,. o . 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" '" ., '" , .~ '" c .~ . . '5 '" 0 . 0 . .~ " . . .~ . . . . 0 0 U ~ D . . . . Eo c . 'E '" ," '0. "' . . '" '" '" ," '" . E '" . E '" . . 'E " . ~ ~ D , . :c 0 ~ . .. :c ~ D .. ~ D ~ I . C 0' .- ;;; . ;<- ~ 8 . " ;<- w . w w . ;<- . . ;<- . . ;<- Zu c . c . c c c >- ~ 0: '" u '" is 0. on . 0. '" U = u: 0 0. .. 0. '" U u: 0. '" G 0. " ~ u 0; w ~. e E :0 I 00' . " " . . :E 0 c u: c 0 '" >-0. ~ ~ P136: F QOTHILL FAMILY APARTMENTS EIR RANCHO CUCAMONGA OCTOBER 2006 LSA KEY PERSONNEL Below is a summary of the qualifications of key personnel assigned to the Foothill Family Apartments EIR project. Full resumes are attached as Appendix A. Staff members were chosen for their: . Ability to manage large/small-scale EIR projects; . Thorough knowledge of the area and familiarity with the project; . Extensive experience in preparing legally defensible EIRs; and . Proven ability to communicate and work with City staff, Boards and Commissions, and area residents, creating long-term professional relationships. Lynn Calvert-Hayes, AICP/Principal in Charge, will be the Principal in Charge for the environmental document, ensuring that the EIR is prepared in compliance with CEQA/NEP A and LSA quality control procedures. Ms. Calvert-Hayes has over 19 years extensive experience in the preparation of environmental documents especially with EIRs and for projects throughout San Bernardino and Riverside Counties. She has experience in land use plans, public agency cases, general and comprehensive environmental analysis (CEQA and NEP A), geology, soils and seismicity analysis, surface mining and reclamation plans, public agency case processing, preparation of environmental documents on transportation projects, residential and commercial specific plans, mixed-use developments, and other specialized planning documents. Ms. Calvert-Hayes served as the Project Manager for preparation of the Riverside County General Plan EIR, Western Riverside County Multiple Species Habitat Conservation Plan EIR/EIS, and the City of Loma Linda General Plan EIR. As the Project Manager for the award-winning City of lndio Genera] Plan EIR, Ms. Calvert-Hayes pioneered a system to evaluate the environmental impacts of the general plan and provide a mechanism for assuring the mitigation provided in the General Plan EIR was implemented. She has conducted numerous public scoping meetings and is familiar with the, scoping meeting protocols. She is the Managing Principal ofLSA's Riverside office. Ray Hussey, Associate, will be the Project Manager for the Foothill Family Apartments EIR and will be responsible for day-to-day management ofthe project, preparation of EIR components, and act as 'point of contact with the City. Mr. Hussey has over 18 years of experience successfully managing transportation and environmental reports such as Initial Studies/Mitigated Negative Declarations, EIRs, and NEP A documents. This experience includes the completion of an ErR for the revitalization of a shopping center in Lancaster proposed for a Wal-Mart Supercenter, an EIR for a 3 million- square-foot industria] warehouse project in Ria]to, and currently active EIRs for a Wal-Mart project in Yucca Valley, a commercial project in Hemet, and a residential-commercia] mixed use project in Corona. Mr. Hussey was also project manager of an E]R for a Specific Plan proposal that annexed approximately 170 acres into the City of Corona. Mr. Hussey's well-rounded background has enabled him to successfully perform the tasks as a project manager of environmental documents. Mr. Hussey is an Associate at LSA' s Riverside office and manager of the Environmental/Planning Group. R:\WKH060 I \proposal EIR\Proposal_EIR _ RCApts.doc ]2 P13 FOOTHILL F....MILy APARTMENTS EIR R.....NCHO CUCAMONGA OCTOBER 2006 L S ^ Sheryl Horn, Environmental Planner. Ms. Horn provides research and assistance for LSA's environmental and community planning projects. She assists in preparing environmental impact reports by locating technical resources and providing original research, contributing to the overall production of environmental and planning documents. Her assignments range from preparing EIR sections based on technical documents to locating facts and findings associated with individual projects and providing assistance. R:\ WKH060 1 \proposal EIR\Proposal_ EIR _RCApts,doc 13 P138 F OOTHILL FAMILY APARTMENTS EIR RANCHO CUCJ\.MONGA OCTOBER 2006 LSA u....nOCu.....,l.,.c.. QUALITY CONTROL AND PROJECT MANAGEMENT LSA's philosophy is to provide the highest quality professional services on every project. This requires implementation of strategies to assure quality at the beginning and throughout the life of each project and beyond. Specific quality control and project management tasks include the following: I. Assign the most appropriate Principal in Charge and Project Managers for the project and ensure their availability throughout the project. 2. Have the LSA Project Manager, along with the City's Project Manager, systematically review the work program to ensure that both have clear understanding of project definition and scope of work. 3. Assign a project team with experience on similar projects and coordinate with task managers to ensure staffing availability. 4. Ensure that applicable local, County, State, and Federal standards, policies, and procedures are jointly understood by project team members. 5. Ensure timely delivery of project documents. LSA's commitment to meeting scheduling needs and project demands extends to doing whatever it takes to complete the job within established time frames. 6. Ensure quality of preliminary work products and cost estimates, and timely delivery at lowest cost. Review project status with the City at regular intervals, to ensure implementation of the original scope of work and harmonious functioning of all team members. Identify any potential conflicts due to potential changes in scope. Attachment: Billing Rates R:\WKH060 1 \proposal EIR\Proposal_ EIR _ RCApts.doc 14 I,C Q Q ("l E-o 1JJ ::J \,; ::J < ~ >- .... E-o U ~ ... ... ~ 1JJ ~ E-o ~ \,; z .... ...;! ...;! .... i=Q ;.. e2 ::J o == ~ =. 0 o::~~ .a=,), . = N g c=: VI :: '" G-;; 0. 'u ,S "= ~ .. 0; = .g = " ~ = o '" = ~ = ~ e . ~ ~ =" . 0. Eo- '13 " "= 11 'S = = 0: " 0. 'u 2 0. . . " . = o . . 0: " '" il 0. -; "0 u .S "= . . '0 ~ ~~ 'u ,9 "= " .. . 9 = o .~ c; = 0. fiWTi ,S "= .. 0. :~ "= ~ ~ ,. ~ ~ ~ o ~ J, ~ ~ " = 'u ~ -< '" o .~ "" o .. '. " = . " 0. "'''' ~ N ,. o ~ ~ . " 'u " 0. '" '" C; o d ~ ~ '" C; ~] '. " . " <a- ~ -':0=_ C; ~ <I.l <I.l r~ ,_ .; ....... .~ .. "" - ~ !3i:~_~o';;, "t;g' ":;:.G...~<I.lG.e~<I.)51o ~.Sb~::: a'50~::: go~..ed) 01,l.,9 '01;; '0.2'0 'ti:i 'O;g 8 fr .; .S! tZl .~ ~ .9 VJ .~ C!i ~ ~ j:! ..... o::l t: B ~ IJ:l t;..9 - ';:. t; 'Z:>..... c:l r.2 ._ 0 .:: r.2''''' 0 C ",... '" VI E:: go "9 gf:: go d) ~'c go".g '':: "2 ;g"O ;:; "0 ;g"O e 'US l:! '0 .S! .8 ~~~:iJOO:::~X<~a5~< " " 'u ~ -< " " 'u ~ -< " ~ "2 ~ ,g~ = " U ~ ~ = -c ~ " " "'''' " " 'u ~ -< ~ .. '0 <~.?i ..... O"'@ .2 ~"O = = " ~Oa- ~ 'u ~ -< = ,9 " " ~ o " o...E ~ ao ~~ " o = '5 j "'0. " " 'u o . -< " = = = 0: " ;; 8 = .S 2 c "s: " = "'''' " " 'u o . -< " " = ;; 0:: " o '. " '" o ~ o ~ " '" ;; ~ E ~ .. = u:?: ~ '. Z ~ :.=ti = '. 0" 0"0 " " .. 0. <OJ " = ~ .,g"oo = = S~ 0." . = ~] ....0. " ~ . 0: .. ;; ~ e " = '" " " = = = 0:: " ~ = o . " '" e ~ Boa .. = u<: ~ '0 Z } ,,- o . 0''''' .!:: ~ << = o .~ o " ~~ ;; = ~.~ i:i~ .~ ~ <i:i: " . ;; 0: " ;; " c ~ .~ 2 w .;;: <J3 " " a = 0:: ~ :a . <: . . " '; . . '" :!! . 0: o o ,. o ~ ~ " .s " e is '" u 0: ~ ~ I ~ m ~ ~ ~ u '" u ~ -. . u '" u 0;: " o '. " OJ . . " ., . . '" . " t:: 15 o on on 0 on 0 r- 0- J, ,. d d N 12 '<j" '>0 VJ VJ VI Vl ,,; . ,8 " o <: .~ . U .D ,8, .... o ~ o '2 . '" o " 3 o ..c " o Q, o '" N '" " '0 ;!;! :E o .D ;; 'u '. '" o o I;; .~ .:( '" ~ . . ~ ~ 'E '0 '" " " '. '" " " ~ .1 'I ~ <: l ~ 8 "'0 <'d S Ci " 0' ,. .~ >; . o .g . ~ t: o Q, ~ o . ..'! E .~ . o . . :~ ~ Q, o '0 '" . ., 'Oil t = o 0' .S . o . . o Q, ~ o 0; a o . '" . ., '0 > ,5 ~ o ~ . .s o " " '" ;: = o ..c o ..c ..... P139 ~ o o '" ,..; '" o o N " o -< . o " '" ~ ~ iii G 0' " .. '" < ::; z ::: " :$ .:J P140 LSA IN-HOUSE DIRECT EXPENSES Unit Cost Reproduction $0.10 per page Color Reproduction (8.5x 11) $1.00 per page Color Reproduction (11x17) $3.00 per page Mileage Road $0.445 per mile Off-road $0.595 per mile Facsimile $1.00 per page Plotting $5.00 per linear ft. Diazo Printing $0.20 per sq. ft. Film (developing billed separately as a direct cost) $5.00 per roll Disposable camera and film (developing billed separately as a direct cost) $10.00 per camera Search of Specialized Data Bases $100.00 per inquiry GPS Unit $100.00 per day Aerial Photos $200.00 per photo L\ADMIN\MASTDOC\Billing Rates Aug 2006-2.doc 2 P141 //.--.....''.. / /\.', h("-.\;;tr\,.\ I. ;' ____-.,.-.y~-i.(~. ~ 1- >~~:.C- >~~~~ r>~~~ ) f y',,:-"',-'-".. __.'J (_y~ RANCHO CUCAMONGA ENGINrERING DEPARTMrNT Staff Report November 1, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Karen McGuire-Emery, Senior Park Planner APPROVAL TO ACCEPT THE LEGACY PARK IMPROVEMENT PROJECT FROM PUL TE HOMES, AS COMPLETE, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, AND RECORD THE GRANT DEED FOR THE PROPERTY. RECOMMENDATION DATE: TO: FROM: BY: SUBJECT: That the City Council accept, as complete, the Legacy Park Improvement Project, located at 5858 Santa Ynez Place; authorize the City Engineer to file a Notice of Completion and record the Grant Deed for the property submitted by Pulte Homes. BACKGROUND The 3.73 acre Legacy Park Project, located at 5858 Santa Ynez Place, has been completed by Pulte Homes, in accordance with the Development Agreement for the Rancho Summit Development Project, to the satisfaction of the City Engineer. It is therefore recommended that the City Council accept the park improvement project from Pulte Homes as complete, authorize the City Engineer to file a Notice of Completion for the work, and record the Grant Deed for the property. Respectfully submitted, i,,/c/)(ll( J" WiI\(am J. O'Neil City Engineer attachment P142 RESOLUTION NO. ~ (p - .3 L/ t, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR LEGACY PARK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Legacy Park Project, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifYing the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino. STAFF REpORT E1'<GINEERING DEP~\RnIENT Date: November 1, 2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: John Martin, Associate Engineer JjjJ# Richard Oaxaca, Engineering Technig~~ P143 Subject: ACCEPT THE FISHER DRIVE LANDSCAPE IMPROVEMENTS, CONTRACT NO. 06- 022 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 $250,000.00 RECOMMENDATION It is recommended that the City Council accept the Fisher Drive Landscape Improvements, Contract No. 06-022, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $185,000.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $25,000.00, 35 days after acceptance. Also, approve the final contract amount of $250,000.00. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Fisher Drive Landscape Improvements scope of work consisted of installing landscape and irrigation in existing parkway on the north side of Fisher Drive, between East Avenue and Mulberry Place. Pertinent information of the project is as follows: ,. Budgeted Amount: $203,500.00 ,. Account Numbers: 18820002314 (Developer Fees) ,. Engineer's Estimate: $131,414,00 ',. City Council's Approval to Advertise: February 1, 2006 ;.... Publish dates for local paper: February 7 & 14, 2006 ,. BidOpening: February 28,2006 ,. Contract Award Date: March 15,2006 ,. Low Bidder: Southern California Landscape, Inc. P144 CITY COUNCIL STAFF REPORT Re: Accept Fisher Drive Landscape Improvements November 1, 2006 Page 2 'r Difference in Contract Amount: $185,000.00 $18,500.00 $250,000.00 $65,000.00 (35.14%) .,. Contract Amount: r 10% Contingency: .,. Final Contract Amount: The net increase in the total cost of the project is a result of one (1) contract change order. The change of Contract Change Order NO.1 ($65,000,00) was requesting the contractor to remove and dispose of asphalt concrete pavement of former Highland Avenue found in the area to be landscaped on the north side of Fisher Drive for approximately 1,600 lineal feet and existing cement concrete of former Highland Avenue found also in the area to be landscaped on the north side of Fisher Drive for approximately 150 lineal feet. This added cost was covered by additional developer fee deposits contributed through new development activities. Respectfully submitted, <Jt {{ (j~{Y William J. O'Neil City Engineer WJO:JM/RO:ls Attachment P145 ~u~JU ]DD~~ : BANYANUl ~ID OJ I DDDD I 24TH 5T <L <( "' ~ ~ > > <( <( ~ > ~ 0 \L <>' <( <.9 8TH 5T ~ z '> BN5F RR NTS GTH5T 4TH 5T ONTARIO CITY LIMIT PROJECT LOCATION LIMITS: EAST AVE. TO MULBERRY ST. CITY OF RANCHO CUCAMONGA . FISHER DRIVE LANDSCAPE IMPROVEMENTS VI CINITY MAP ~"'. -'-? ~". <. "'h'_'!' .~ P146 RESOLUTION NO. () (p ~ .J' tj 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISHER DRIVE LANDSCAPE IMPROVEMENTS, CONTRACT NO. 06-022 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Fisher Drive Landscape Improvements, Contract No. 06-022, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P147 STAFF REpORT ENGINEERlNG DEP.\RThIENT Date: November I, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE LETTER OF CREDIT, ACCEPT A MAINTENANCE LETTER OF CREDIT AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC200I-00439 LOCATED AT THE SOUTHEAST CORNER OF VINEYARD AVENUE AND CALLE DEL PRADO, SUBMITTED BY LIFE WAY CHURCH, A CALIFORNIA NONPROFIT RELIGIOUS CORPORATION RECOMMENDATION: The required improvements for DRC2001-00439 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Letter of Credit and accept a Maintenance Letter of Credit. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2001-00439, located at the southeast comer of Vineyard A venue and Calle Del Prado, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Letter of Credit and accept the Maintenance Letter of Credit. Developer: Lifeway Church, a California Nonprofit Religious Corporation: 9255 Base Line, Ste. # F, Rancho Cucamonga, Ca 91730 Maintenance Letter of Credit # 152634 (LOC No.) # 152647 (LOC No.) $177 ,400.00 Release: Faithful Performance Letter of Credit Accept: $17,740.00 Respectfully submitted, (~~k((( (l C( ,I William J. O'Neil City Engineer WJO:TCH . Attachment(s) ~~ " ~ ,.,'" ;<:- '" ~ ~~ I il:!~' ~ ~ ~ i!:-c::; ~ ~,.,~ <:~ ~ l..il . '<> ~ " \<) ~ Cl II) ~ ~ Cl.; ~ ~ I ~J I I - '>. 15 " ~ l..i ~ ~ .....:'~ :?; \<) ~ = "> . ~ " \<)J ~ <: ~ ,tfr '9Z{' P148 3 .Ofr,i1.00 N ~ ,II ... 'I- ~t;j .... G V) -q< - ~ ~ , ~ t:O In 1:- - -~ ~ ~ '- - 0 U ~ c... t:O ~ - <. ~ ~ ~ c;::c. ~ ~ N ~ c... ~ Cl \oi:\ ~ U ~ ~ ~ ~lI) <. = ~ ~~lj - c... :g . ~.... ~ ~U~ ~ Oi ~ Ua,., \oi:\ " li; U ~ l:::i ~ i:S\::)~ ~ ~~:::j; <. <: ~ ,.,<:'-' c... ~ <l:l~"" ~\!,.,\:i c:s<l\ i:5c:~ ct:~- ",\j<O ~C\C)'<>~.". (..) - O}. J ~ ~<:;<:;~ltj .... Lu ,_ Jl:: }.J .= .= ~",,,l::::)(,Q~ <l:l~ ,..!<)~.'" ~ct:"""'" i:5P\<)\<)r- ~<l:l~~~15 ::::i "><:<:<1\ ~-"'..,.". -..;;:-..1-..1....,...... .... i!:0I:::!C\C)..,'" ~ 0) -J - f() ~ C3;~~~;;; .... :Z:f"':f o ~-;. ~ ~II o~ ~a::-!S !:"" ~"CIarn CDg Co) e ." Cll'- :z:~'i!go~,? ~ _~N C ~ t) -oel) Q .s~~ ~ "St.>a;- ~ Il') -0 ..:e "1'1 1100' C1. 0 SIC ~ a~ 0::11 ~o~ ..cOOl .s:l ....aOl o~o ga:S (j I .> ~ II '>.". \~~ ... Co '<> ~~~~~~ ~C::;'<j~O::;o::;o::; ~~~"'~"'''' " . l" It L,:'(""...;!:<:> :s:: " '" ,=>.""~'''' ~i;j;";""'IS'" UC::;I'<I'<!:lonP ~~~~~ ~ t; tl tl ,H.l ~ . ,tr'tSZ 3 .OO,Gt.OO N .., ~ ,trogZr'") 3.00,Gt.OO N 4J ~Io] Ul2~ ~. - 3A Jr {J2!Y A.3N.IA P149 RESOLUTION NO, 6~ ~ jJf.j g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAliFORNIA, ACCEPTING THE PUBliC IMPROVEMENTS FOR DRC2001-00439 AND AUTHORIZING THE FiliNG OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2001-00439 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete, NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P150 STAFF REpORT ENGINEERlNG DEP"\RHIENT Date: November 1,2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DRC2002-00132, LOCATED AT THE NORTHEAST CORNER OF 6TH STREET AND CLEVELAND AVENUE, SUBMITTED BY 6TH AND CLEVELAND, T.I.C. RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DRC2002-00 132, located at the northeast comer of 6th Street and Cleveland Avenue, submitted by 6th and Cleveland, T,I.C, BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship, DEVELOPER 6th and Cleveland, T.I,C, 2131 S, Grove Avenue, Ste, M Ontario, Ca 91761 Release: Maintenance Guarantee Bond #104540795 $25,260,00 Respectfully submitted, C) (ift ([J2 () William J. O'Neil City Engineer WJO:tch Attachment P151 ARROW ROUIE PROJECT 711i ST. T ~ ~ ~ -< ~ i 6lH ST. ~ x :i 4lH ST. 10 ... N CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION P152 STAFF REpORT ENGINEERlNG DEP.\RTMENT Date: November 1, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J, O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2003-00732 LOCATED ON THE NORTH AND SOUTH SIDES OF JACK BENNY DRIVE, EAST OF ROCHESTER AVENUE, SUBMITTED BY BATES-EVERGREEN PATNERS, LLC & STADIUM PLAZA SOUTH, LLC RECOMMENDATION: The required improvements for DRC2003-00732 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond, BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2003-00732, located on the north and south sides of Jack Benny Drive, east of Rochester Avenue, the applicant was required to complete improvements, The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond, Developer: Bates-Evergreen Patners, LLC & Stadium Plaza South, LLC: 147 E. Olive Avd" Monrovia, Ca 91016 Release: Faithful Performance Bond # 66112254 (Bond No,) # 66112254 (Bond No,) $866, I 00,00 Accept: Maintenance Bond $ 86,610,00 Respectfully submitted, ~)V/ ((f cl. wlIiam J, O'Neil City Engineer WJO:TCH Attachment(s) P153- 1 ref! I I I I : I I '! : ~, I "'/ I ~ I '" 51 I o , '" I I : ~: I . i I I '~ 1'1 '~ I '~ I I I} -T I ~tV IWt776"' FOOTI//LL ,BL v.o .~. "" ~~~====~===---~----=~ " --~----- " . , ..H.......~ . . .,d :,. . ,,'.j,,:, ,- ~= Vlel All T Yj11f1f/ . ... CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATEOFCALIFORNIA tm~3-A11~ - NORTII P154 RESOLUTION NO, () (p -3 Iff A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00732 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE .WORK WHEREAS, the construction of public improvements for DRC2003-00732 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete, NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P155 STAFF REpORT ENGINEERlNG DEP""RTMENT Date: November I, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J, O'Neil, City Engineer By:' Tasha Hunter, Public Service Tech I Subject: ACCEPT THE STREET AND STORM DRAIN IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE LETTER OF CREDIT, ACCEPT A MAINTENANCE CASH DEPOSIT AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PARCEL MAP 16167 LOCATED ON THE SOUTHEAST CORNER OF VINEYARD A VENUE AND 9TH STREET, SUBMITTED BY ON VINEYARD, LLC RECOMMENDATION: The required street and storm drain improvements for Parcel Map 16167 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Letter of Credit and accept a Maintenance Cash Deposit.. BACKGROUND/ANALYSIS: As a condition of approval of completion of Parcel Map 16167, located on the southeast comer of Vineyard Avenue and 9th Street, the applicant was requirea to complete street and storm drain improvements, The street and storm drain improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Letter of Credit and accept the Maintenance Cash Deposit. Developer: On Vineyard, LLC: 515 S, Figueroa St" Ste, # 1600, Los Angeles, Ca 90071 Release: Faithful Performance Letter of Credit # 300516379-1372 $294,800,00 "Street Improvements" (LOC No,) Accept: Maintenance Cash Deposit # CR094348 $ 29,480,00 (Receipt No,) Release: Faithful Performance Letter of Credit # 300516379-13 72 $369,700,00 "Storm Drain Improvements" (LOC No,) Accept: Maintenance Cash Deposit # CR088309 $ 36,970.00 (Receipt No,) P156 CITY COUNCIL STAFF REPORT PARCEL MAP 16167 - ON VINEYARD, LLC November I, 2006 Page 2 Respectfully submitted, ~~t/(i{f Willia~ J, O'Neil City Engineer WJO:TCH Attachment( s) P157 w I: .. t a IE ARROW ROUTE I w ~ o ~ :z 5= 9th STREET h ~ ~ J: VICINITY MAP NOT TO SCALE CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: VlC{NI TY M,AP TITLE: PAIUEI- MAP {u.1f47 EXHIBIT: i ~~' ,~c '''''''~''i/ :0."4'" P158 RESOLUTION NO, ~ (p -.3 .5 () A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC STREET AND STORM DRAIN IMPROVEMENTS FOR PARCEL MAP 16167 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public street and storm drain improvements for Parcel Map 16167 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County, P159 STAFF REpORT . ENGII'EERING DEP.\RnIENT Date: To: From: By: Subject: RANCHO CUCAMONGA November 1, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J, O'Neil, City Engineer Jerry A, Dyer, Senior Civil Engineer (1af) Richard Oaxaca, Engineering Tech~an~ ACCEPT THE ETIWANDA AVENUE AT CHURCH STREET TRAFFIC SIGNAL IMPROVEMENTS, CONTRACT NO, 05-090 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 $214,846,56 RECOMMENDATION .It is recommended that the City Council accept the Etiwanda Avenue at Church Street Traffic Signal Improvements, Contract No, 05-090, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $197,133,00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $21,484,66,35 days after acceptance, Also, approve the final contract amount of $214,846.56, BACKGROUNDIANAL YSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaclion of the City Engineer, The Etiwanda Avenue at Church Street Traffic Signal Improvements scope of work consisted of installing a traffic signal and safety lighting at the intersection of Etiwanda Avenue and Church Street. Pertinent information of the project is as follows: ",.- Budgeted Amount: $210,000,00 ,. Account Numbers: 16123035650/1442612-0 ,. Engineer's Estimate: $300,000,00 ,. City Council's Approval to Advertise: July 6, 2005 ",.- Publish dates for local paper: July 12 & 19, 2005 ,. Bid Opening: August 2, 2005 ",.- Contract Award Date: September 21, 2005 ,. Low Bidder: Steiny and Company, Inc, P160 CITY COUNCIL STAFF REPORT Re: Accept Etiwanda Avenue at Church Street Traffic Signal Improvements November 1, 2006 Page 2 >- Contract Amount: $197,133,00 " 10% Contingency: $19,713,30 ,. ~ Final Contract Amount: $214,846,56 " Difference in Contract Amount: $17,713,56 (8,99%) ,. The net increase in the total cost of the project is a result of four (4) contract change orders, The most notable changes significant to the increase were Contract Change Order No, 2 ($8,141.43) requesting the contractor to provide additional crosswalk and legend striping including traffic control, and additional traffic signs and Contract Change Order No, 4 ($5,551,51) for reworking the traffic signal heads from vertical placement to horizontal placement per Caltrans requirements and, for replacing street name signs to read Miller Avenue instead of Church Street on the east side of Etiwanda Avenue, Respectfully submitted, (f~({;U t~ William J, O'Neil City Engineer WJO:JAD/RO:ls Attachment P161 FO '" > '" '" > 9 \.!) 8TH 5T GTH 5T z '" > ~ 4TH 5T PROJECT LOCATION CITY OF RANCHO CUCAMONGA VICINITY MAP E'mrANDA AVENUE AT CHURCH STREET TRAFFIC SIGNAL DlPROVEMENT P162 RESOLUTION NO, () (p - JS / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA AVENUE AT CHURCH STREET TRAFFIC SIGNAL IMPROVEMENTS, CONTRACT NO, 05-090 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Etiwanda Avenue at Church Street Traffic Signal Improvements, Contract No, 05-090, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete, NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County, P163 ORDINANCE NO. 769 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 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 (Vintner'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, P164 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 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, P165 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-01, (VINTNER'S GROVE) P166 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) (nCFD No, 2006-01 n) 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 if the 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 ofCalifomia. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CPD 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 ofthe Fiscal Agent (including its legal counsel) in the discharge ofthe duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No, 2006-0 I or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CPD 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 of the Special Tax; the costs associated with the release offunds 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. 2006-0 I 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 Raneho Cueamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 1 P167 "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. 2006-0 I 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) of the Act), whether in one or more series, issued by or on behalfofCFD 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 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 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 1 of the Fiscal Year preceding the Fiscal Year for ~hich 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 andlor supplemented from time to time, "Fiscal Year" means the period starting July 1 and ending on the following June 30. City of Rancho Cucamollga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 2 P168 "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 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio ofthe 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, 2006-01. city of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 3 P169 "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, 2006-01 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 of California, "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. "U ndeveloped 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 P170 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 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 L 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 2,30 I - 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. 2006-01 August 3, 2006 Page 5 P171 (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, 2006-01 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 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 City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 6 P172 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 ofa 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. rfthe 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, 2006-01 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 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, 2006-01 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 of CFD No. 2006-01 Bonds. City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 7 P173 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 1 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 2,301 - 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 ofthe 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. 2006-01 August 3, 2006 Page 8 P174 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 ofthe 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 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 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 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. 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 0/ Ranclro Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 9 P175 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% ofthe applicable City of Rallcho Cucamollga (Villtller's Grove) CFD No. 2006-01 August 3, 2006 Page 10 P176 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 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 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 CFDNo, 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 CPD 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 if there 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 P177 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,: 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, 2006-01 (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. August 3, 2006 Page 12 City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 P178 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, 2006-01 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"). 11, 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, 2006-01 Bonds, In such cases, the increment above $5,000 or integral multiple City of Rancho Cucamonga (Vintller's Grove) CFD No. 1006-01 August 3, 1006 Page 13 P179 thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-0 I 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, 2006-01 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:\CLIENTS2\RanchoCucamonga\Vintner's Grove\RMA\Vintner RMA for ROLdoc City of Rancho Cucamonga (Vintner's Grove) CFD No. 2006-01 August 3, 2006 Page 14 P180 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, 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 P181 ORDINANCE NO. 770 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 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 legisiative 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 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, P182 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 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, P183 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02, (AMADOR ON ROUTE 66) P184 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 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 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. 2006-02: 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 ofthe Fiscal Agent (including its legal counsel) in the discharge ofthe 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 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. 2006-02 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 Rallcho Cucamollga (Amador all Route 66) CFD No. 2006-02 August 3, 2006 Page I "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 13 52. "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 P185 P186 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 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 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 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 ofthe 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 P187 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 ofa 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 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. 1006-01 August 3, 1006 Page 4 P188 "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 1 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 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. City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 5 P189 TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-02 Residential Floor ' , ' Land Use 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 LandUse 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 of the 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 Rancho Cucamonga (Amador 011 Route 66) CFD No. 2006-02 August 3, 2006 Page 6 P190 "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 of the 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 ofa request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 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 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, 2006-02 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 P191 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 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 Buydqwn 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 of CPD 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 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 CPD 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 P192 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 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 ofthe 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 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 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 ofthe Special Tax Buydown. City of Rancho Cucamollga (Amador on Route 66) CFD No. 2006-02 ' August 3, 2006 Page 9 P193 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 ihe 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 P194 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 clariJYing any ambiguity and make determinations 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 peimitted 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 Cueamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 11 P195 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 Caoitalized Interest Credit 'Special Tax Prepayment Amount Asofthe proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: Paragraoh 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. 2006-02 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 ofPniviously 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 P196 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 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"). 11. 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 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 P197 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 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:\CLIENTS2\RanchoCucamonga\Amador Route 66\RMA\Amador RMA for ROI.doc City of Rancho Cucamonga (Amador on Route 66) CFD No. 2006-02 August 3, 2006 Page 14 P198 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 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