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2011/11/02 - Agenda Packet - Special / Regular
~ ANtyCHU ~iU~;AMUNUA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY SPECIAL MEETING REGULAR MEETINGS 1St and 3~d Wednesdays ~ 7:00 P.M. NOVEMBER 2, 2011 ORDER OF BUSINESS CLOSED SESSION Council Chambers ........................... 5:00 P.M. Call to Order Public Communications Tapia Conference Room Conduct of Closed Session City Manager Announcements REGULAR MEETING Council Chambers ........................... 7:00 P.M. PUBLIC FINANCING AUTHORITY SPECIAL MEETING Council Chambers ........................... 7:00 P.M. MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS CITY MANAGER CITY ATTORNEY CITY CLERK L. Dennis Michael Sam Spagnolo William Alexander Chuck Buquet Diane Williams John R. Gillison James L. Markman Janice C. Reynolds -, r{ INFORMATION FOR THE PUBLIC TO ADDRESS THE REDEVELOPMENT AGENCY. FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage 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 Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. If as part of your presentation. you would like to display audio or visual material, please see the City Clerk before the meeting commences. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and 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 Agency, Fire Board and 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 the agendas and minutes can be found at http:llwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please tum off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, ~ ,, ~~ CITY COUNCIL AND SPECIAL PUBLIC FINANCING AUTHORITY AGENDA NOVEMBER 2, 2011 A. 5:00 P.M. -REGULAR MEETING CALL TO ORDER -COUNCIL CHAMBERS A1. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S C. RECESS D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD, IDENTIFIED AS APN 1089-031-35, 1089-031-15 AND 1089-031-16; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND DAVID LINDEN, LEWIS GROUP OF COMPANIES, REGARDING TERMS OF AGREEMENT - RDA D2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - BRESLIN V. CITY OF RANCHO CUCAMONGA CASE NO. CIVRS 1008119 -City D3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(8)- ONE POTENTIAL CASE -Fire E. CITY M GER ANNOUN ' TS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETING AND THE SPECIAL PUBLIC FINANCING AUTHORITY MEETING AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, CITY COUNCIL AND SPECIAL PUBLIC FINANCING AUTHORITY AGENDA ~~ , ~, ``"~~~'~~~~~~ NOVEMBER 2, 2011 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. THE SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD, COUNCIL AND FINANCING AUTHORITY BOARD. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation to Antonio "Nacho" L. Gracia in recognition of receiving the Lifetime Achievement Award from the Southern California Association of Non-Profit Housing (SCANPH) Organization. H2. Recognition of Aetna Senior Wii Bowling National Champions "The A Team" from the James L. Brulte Senior Center. H3. Announcement of the Veteran's Day Tribute Event to be Held at Central Park on Friday, November 11, 2011. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority on any item listed or not listed on the agenda. State law prohibits the Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority from addressing any issue not previously included on the Agenda. The Agency, Fire Board, City Council or Public Financing Authority Board may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board, City Council or Authority Board not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 2 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, CITY COUNCIL AND SPECIAL PUBLIC FINANCING AUTHORITY AGENDA :J7AI~~C~ F!t ~ ~UC:AMUNGA NOVEMBER 2, 2011 3 ....,.....~... ~~~~....r....... The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency/Board/City Counci!/Authority at one time without discussion. Any item may be removed by an Agency/Board/Council/Authority Board Member for discussion. J1. Approval of Minutes: September 21, 2011 (CANCELLED) October 19, 2011 J2. Approval of Check Register dated October 12, 2011 through October 25, 2011, for the total amount of $126,898.20. J3. Approval to release Faithful Performance Bond No. ANC30014, retained in lieu of Maintenance Guarantee Bond in the amount of $134,084.00, for the Removal of the Old Southern Pack Railroad Bridge west of Baker Avenue Project, Contract No. RA10-011. K1. Approval of Minutes: September 21, 2011 (CANCELLED) October 19, 2011 K2. Approval of Check Register dated October 12, 2011 through October 25, 2011 for the total amount of $152,076.23. K3. Approval of adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-11-3 and ordering the annexation of such property to Community Facilities District No. 88-1 (Timothy A. Wyant, Trustee, Owner - APN: 0201-043-22). RESOLUTION NO. FD 11-040 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-11-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT N0.88-1 K4. Approval to adopt an annexation map showing Assessor Parcel Numbers 0227-131-03, 08 & 62 (Lewis Operating Corp.), located on the north side of Base Line Rd. between Etiwanda Ave. and East Ave. which is proposed to be annexed into CFD 85-1. 2 4 8 13 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, 4 ~ ,,: ''~ CITY COUNCIL AND ~~ SPECIAL PUBLIC FINANCING AUTHORITY AGENDA ~~'~~ ~~~ ~``"~~'"~~~~ NOVEMBER 2, 2011 RESOLUTION NO. FD 11-041 15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 11-5) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 17 11-5 (APNs: 0227-131-03, 08 ~ 62, Lewis Operating Corp.), into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 11-042 n~c^I I ITI/lAl AI/l C~'1 4 d A7~] ~ 19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11-5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 L1. Approval of Minutes: September 21, 2011 (CANCELLED) October 19, 2011 L2. Approval of Check Register dated October 12, 2011 through October 25, 2011 and payroll 29 ending October 25, 2011 for the total amount of $3,668,662.84. L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Etiwanda Avenue 59 and 4th SVeet Sidewalk Improvements, to be funded from Account Nos. 1133303- 5650/1 71 71 33-0, 1882-2314 and 1139303-5650/1780139-0. 61 RESOLUTION NO. 11-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA AVENUE AND 4T" STREET SIDEWALK IMPROVEMENTS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Receive Quarterly Budget Update Report. 65 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, ~~~ CITY COUNCIL AND SPECIAL PUBLIC FINANCING AUTHORITY AGENDA NOVEMBER 2, 2011 5 L5. Authorize a single source contract with Vortex Industries, Inc. (CO 11-169) for the 69 emergency purchase and installation of a Tandem Gate System for the Police Department underground parking in the amount of $30,000 to be funded from Account No. 1025001-5602 (Capital Reserve) and appropriate $30,000 from Capital Reserve account fund balance. L6. Approval of the sale of 9140 Candlewood Street acquired under the Neighborhood 70 Stabilization Program (NSP) Acquisition/Rehabilitation and Reuse activity -City of Rancho Cucamonga - DRC2010-00700T -for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. L7. Approval of Drainage Reimbursements for the General City Master Plan for FY 2010/2011 136 and appropriation of $47,341.78 to Account No. 1112303-5650/1026112-0. L8. Approval of Drainage Reimbursements for the Etiwanda/San Sevaine Area Master Plan for 137 FY 2010/2011 and appropriation of $65,198.40 to Account No. 1 1 6303-5650/1 0261 1 6-0. L9. Approval of the recommendation from the Park and Recreation Commission regarding the 138 approval of the Annual Street Banner Schedule and Applications for Calendar Year 2012. L10. Approval for the transfer of two (2) vehicles, one (1) 2011 Ford Edge and one (1) 2011 140 Honda Accord EX to facilitate the vehicles' use by the County of San Bernardino for Police Department Services. M . CONSENT CALENDAR -PUBLIC FINANCING AUTHORITY M1. Approval of Minutes: November 7, 2007 M2. Consideration to adopt a Resolution of the Rancho Cucamonga Public Financing Authority 141 (PFA) to amend Resolution No. PFA 90-001, revising the provisions thereof to establish regular meeting dates and regular meeting location for the Board of Directors of the Rancho Cucamonga Public Financing Authority and to prohibit the payment to stipend or other consideration for attendance at any meeting of the Board of Directors. . RESOLUTION NO. PFA 11-001 143 A RESOLUTION OF THE RANCHO CUCAMONGA PUBLIC FINANCING AUTHORITY TO ESTABLISH REGULAR MEETING DATES AND A REGULAR MEETING LOCATION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA PUBLIC FINANCING AUTHORITY AND TO PROHIBIT THE PAYMENT OF A STIPEND OR OTHER CONSIDERATION FOR ATTENDANCE AT ANY MEETING OF THE BOARD OF DIRECTORS REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, 6 CITY COUNCIL AND SPECIAL PUBLIC FINANCING AUTHORITY AGENDA NOVEMBER 2, 2011 N. CITY MANAGERS STAFF REPORTS The following items have no legal publication or posting requirements. N1. DEVELOPMENT CODE UPDATE STATUS REPORT AND REVIEW OF PROPOSED 147 CHANGES N2. CONSIDERATION OF AMENDING ORDINANCE NO. 849 ESTABLISHING A PERMIT 149 PROCESS FOR DESIGNATED PARADES AND ASSEMBLIES WITHIN THE CITY OF RANCHO CUCAMONGA ORDINANCE NO. 851 (first reading) 152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 44 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING A PARADES AND ASSEMBLIES ORDINANCE N3. RANCHO CUCAMONGA FIRE DISTRICT ANNUAL REPORT (video presentation) --- N4. APPROVAL TO ENTER INTO AGREEMENT WITH EV CONNECT LLC AND 161 CLIPPERCREEK INC.. TO PARTICIPATE IN RECONNECT CALIFORNIA PROGRAM AND UPGRADE ELECTRIC VEHICLE CHARGING STATIONS AT VARIOUS CITY FACILITIES TO BE FUNDED BY THE CALIFORNIA ENERGY COMMISSION. O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member) 02. LEGISLATIVE AND REGIONAL UPDATES (Oral) --- P. IDENTIFICATION OF ITEMS FOR NEXT MEETING Q. ADJOURNMENT I, Debra L. McKay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 27, 2011, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Carlo F. Eugenio - Sgt. Carlo F. Eugenio, 29, an Army National Guardsman and a graduate of Etiwanda High School, was one of four U.S. service personnel killed in Afghanistan on Saturday, October 29, 2011. - Sgt. Eugenio was part of a NATO convoy in Kabul that was attacked by enemy forces with avehicle-borne improvised explosive device. - Sgt. Eugenio is the first California National Guardsman to be killed in action during combat operations in Afghanistan. - He was assigned to the Lancaster-based 756"' Transportation Company, 746th Combat Sustainment Service Battalion and 224' Sustainment Brigade. - His unit left for aone-year deployment to Afghanistan in August. - Eugenio was the youngest of five children. His family currently resides in Rancho Cucamonga. Page 4 of 4 1:1CIlYCLK12011- Resdudons 8 Ordinances\t t-02-2011 Regular MeefinglD -1 7-02-20t t Luncheon Notes-Reg CCM.doc Proclamation WHEREAS, the City of Rancho Cucamonga is committed to paying tribute to people in the community that contribute to the betterment of society; and WHEREAS, Antonio "Nacho" Gracia has been selected to receive the Southern California Association of Non-Profit Housing "2011 Hones Within Reach-Houser's Hero Award "; and WHEREAS, Nacho has dedicated more than 30 years of volunteer service and neighborhood leadership to revitalize the Northtown community; and WHEREAS, Nacho has served on the Citizens Participation Advisory Committee for the County of San Bernardino, on the City of Rancho Cucamonga 's General Plan Advisory Committee as well as the City's Citizens Housing Task Force and the Public Safety Commission; and WHEREAS, Nacho's leadership and tireless devotion to provide decent, safe, and affordable housing to those in need has earned him this distinction. NOW THEREFORE, BE IT PROCLAIMED, the City Council of the City of Rancho Cucamonga does hereby congratulate Antonio "Nacho" Gracia for having been selected as the Southern California Association of Non-Profit Housing "2011 Homes Within Reach-Houser's Hero Award. " IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 2"d day of November, 2011. Sam S no Mayor rn m C mck Buquet Council Member i~ iam J. Alexander Council Member ./-e~x~J LIJ.e.L;e~s~nr~/ Diane ~lliams Council Member J '~ L. Dennis Mic a Mayor November 7, 2007 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT, CITY COUNCIL AND PUBLIC FINANCING AUTHORITY CLOSED SESSION MINUTES The Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council held closed session on Wednesday, November 7, 2007, 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 Chairman/President/Mayor Donald J. Kurth, M.D. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Vice Chairman/Vice President/Mayor Pro Tem Diane Williams and Chairman/President/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; Linda D. Daniels, Redevelopment Director; and John Gillison, Deputy City Manager/Administrative Services. Absent was Agencymember/Boardmember/Councilmember: Sam Spagnolo *~~~~* Chairman/President/Mayor Kurth announced the closed session items: B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN HERMOSA AVENUE, AND CENTER AVENUE. LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA 62. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD; LINDA D. DANIELS, RDA DIRECTOR, AND J. FILIPPI WINERY, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA 63. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -STEVE KILMER V. CITY OF RANCHO CUCAMONGA & STEVE TAYLOR; CASE NUMBER RCV 074142 -City/Fire B4. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 5495.9(A) - JR ENTERPRISES, LP V. CITY OF RANCHO CUCAMONGA -CASE NUMBER RCV 090728 -City ***.** C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session items. ****** Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 2 D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. .***** E. CITY MANAGER ANNOUNCEMENTS *,~,,, The closed session adjourned at 6:48 p.m. with no action taken. ****** G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, City Council, and a special meeting of the Public Financing Authority was held on Wednesday, November 7, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth, M.D. called the meeting to order at 7:08 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Vice Chairman/Vice President/Mayor Pro Tem Diane Williams and Chairman/President/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Linda D. Daniels, RDA Analyst; Tranda Drumwright, Housing Programs Manager; Jan Reynolds, RDA Analyst; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Lorraine Phong, Sr. Information Services Analyst; Charles Scott, Sr. Information Services Specialist; Jon Gillespie, Traffic Engineer; James Troyer, Planning Director; Corky Nicholson, Assistant Planning Director; Trang Huynh, Building Official; Joe Pulcinella, Animal Care & Services Director; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Deborah Clark, Library Director; Captain Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Fire Marshall Rob Ball, Public Education Specialist Kelley Donaldson, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Assistant City Clerk; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. Absent was: Agencymember/Boardmember/Councilmember Sam Spagnolo. *~~*** H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation to Target for their donation of $20,000 to the PAL Campaign, supporting the Summer Reading Programs of the Rancho Cucamonga libraries for the past two years. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 3 Deborah Clark, Library Director, stated Dave Parker could not be present tonight, but added they just received another $10,000 from Target and will rewrite the Proclamation and present it at a future meeting. H2. Presentation "giving thanks" to Rancho Cucamonga Center Pet Adopters. Joe Pulcinella, Animal Services Director, told about the Animal Shelter's "giving thanks" program and the prizes that can be won if someone is a pet adopter. Joe Schumacher stated he is glad to be part of this great program. *«.,**« 11. John Lyons talked about the latest wind storm in the City. He commented on the great job that everyone did putting out the fires throughout Southern California. He talked about the paramedic program that Rancho Cucamonga currently has. He reminded everyone that there isn't a hospital in the City. He talked about a pet virus that is in his neighborhood and encouraged people not to be walking their dogs right now. 12. Gary Lacy, resident of the City for 20 years, stated on October 17th he presented a report to the City regarding the fire department system and commented on the information he presented at that meeting. He stated now everyone will be told that he does not understand their job and should not be telling them how to handle the Fire Department. He referred to the meeting to take place on November 8 pertaining to this. 13. Bill Hanlon, resident for 23 years, commented on the "Snowball Express." He commented on a resident of the City that died in Iraq and that not one Councilperson attended his funeral. He stated fire fighters and police are also heroes. He mentioned the Gold Star Award that is given to Mothers of soldiers that have died. He said we will not forget or abandon the sacrifice of our children. He asked that police and fire join in their upcoming event. He invited the Council to join and pay tribute to the widows left behind at their event. Mr. Hanlon stated he can be contacted at www.snowballexpress.org or bill.hanlon@mac.com. 14. Kelley Donaldson, Public Education Specialist, stated the Rancho Cucamonga Fire Fighters will be kicking off the Spark of Love Toy Drive on Sunday, November 18th at the Metrolink Station. She invited the Council and everyone to attend. She stated they want to collect toys for kids less fortunate. 15. Louie Gustis, 20 year resident of Rancho Cucamonga, wanted to talk about the information presented by the CHECK organization last meeting. He mentioned a lawsuit in the Fire Department pertaining to misconduct and that the City is trying to settle this suit. He felt the City is offering hush money so this does not come out in public. He stated the public should not condone this. 16. Robert Lauten stated Laguna Beach is being sued for their day laborer center. He distributed information to the Council about this, which is on file in the City Clerk's office. 17. Cheryl Roberts, President of the Rancho Cucamonga Fire Fighter's Association, wanted to thank the Yard House for a fundraiser they had after all the recent fires so they could collect donations that would be given to the people that lost their homes because of the fires. She talked about working in Lake Arrowhead during the fires, and that they were proud to be able to do what they could. She stated they are grateful for the equipment, training and personnel that the City provides them while working so they come home to their families. She again thanked the Yard House for helping them generate funds for their cause. She also thanked Chief Bryan, Linda Daniels and Victoria Gardens for helping them organize this event. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 4 18. Tonia Moore stated she is speaking about an event to occur on November 18th at Red Hill Park. She talked about someone that had got Mono, had been in a comma and is now better. She encouraged everyone to come together and support this family for what they have gone through. 19. Tony Mize talked about the PAL house raffle that is going on. He stated all the funds raised will go the Cultural Center. He stated this is their second annual house raffle and told about the prizes to be won. He told about a special bonus drawing for $15,000 to be held this Saturday. He stated December 4th is the last day to purchase a ticket for the grand prize drawing to be held December 15th at 2:00 p.m. He encouraged everyone to support the Cultural Center and told about the program of performances to take place in the future. 110. Jim Frost talked about Bill Hanlon's comments and stated Sunday at 3:30 at Alta Loma High School there is an event celebrating Veterans Day. He stated that Alta Loma lost 7 alumni in the Viet Nam war. He commented on the Run for the Wall event to occur that would start in Rancho Cucamonga and continue on to Washington D.C. during the Memorial Day holiday. He stated last week he met with the Wings and Rotors organization who will be escorting the Run for the Wall participants during their ride over Memorial Day. He mentioned an email to be distributed to the Council, which is on file in the City Clerk's office. He read part of this email. 111. Gwyn Frost stated she was the very first, First Lady of Rancho Cucamonga and stated her husband's (Jim Frost) tag name is 'The Mayor." She wished Rancho Cucamonga a Happy 30th Birthday since the election was held to incorporate the City. She stated the first elected Council consisted of Jim Frost, Phil Schlosser, Charlie West, Mike Palombo and Jon Mikels. She stated December 2, 1977 was the first Council meeting. She commented on Jim Frost's term of office as a Councilmember and City Treasurer. She mentioned the street fair to be held this weekend by the Etiwanda Historical Society. She stated they need volunteers help this them Saturday from 11:00 - 3:00. **~*** No comments were made by Councilmember Michael. Councilmember Gutierrez reiterated that it is the 30th Birthday for the City and that the Founder's festival is getting better. He encouraged people to attend the parade this Saturday at Victoria Gardens and also the street fair on Etiwanda that is being organized by the Etiwanda Historical Society. ****** K. CONSENT CALENDAR -PUBLIC FINANCING AUTIiORITY K1. Approval of Minutes: March 17, 2007 (Special Meeting re 2004 tax allocations bonds - Gutierrez, Kurth 8 Williams present) MOTION: Moved by Williams, seconded by Gutierrez to approve the minutes as listed. Motion carried 3- 0-1-1 (Spagnolo absent, Michael abstained). *****~ Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 5 L. CONSENT CALENDAR -REDEVELOPMENT AGENCY L2. Approval of Minutes: October 3, 2007 (Regular Mtg. -Michael absent) October 17, 2007 (Special Mtg. re Workforce Housing) October 17, 2007 (Special Mtg. re Relocation Appeals Board) October 17, 2007 (Regular Meeting) L3. Approval of Check Register dated October 10 through October 30, 2007, for the total amount of $913,153.23. L4. Approval of bond financing team and acceptance of contracts with Stone & Youngberg, Fieldman- Rolapp & Associates and Best, Best & Krieger for services related to proposed 2007 Housing Set-aside Tax Allocation Bonds, to be funded from bond proceeds. L5. Approval of amendment to the Promissory Note and Deed of Trust securing the Redevelopment Agency's 2001 financial contribution to Malvern Housing Partners, L.P., for construction and ongoing affordability of Heritage Point Senior Apartments. RESOLUTION NO. RA 07-025 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN AMENDED AND RESTATED PROMISSORY NOTE AND AN AMENDMENT TO DEED OF TRUST AND APPROVING AND AUTHORIZING OTHER ACTIONS RELATING THERETO L6. Approval to execute a Professional Services Agreement in the amount of $119,760.00 to Butsko Utility Design, Inc. (RA 07-021/CO 07-205), and authorize the expenditure of a 10% contingency in the amount of $11,976.00 for system planning, design and/or inspection of Haven Point, Vintner, One Town Square, Fire Administration, and Haven Grade Separation within the Rancho Cucamonga Municipal Utility service and to be funded $26,200.00 from Acct. No. 1705303-5650/1656705, $36,400.00 from Acct. No. 1705303-5650/1658705, $23,580.00 from Acct. No. 1705303-5650/1657705, $24,180.00 from Acct. No. 1705303-5650/1392705 Municipal Utility Fund, and $10,340.00 from Acct. No. 2660801- 5650/1355660-6312 RDA Funds, and authorize and appropriate an amount of $30,000.00 to Acct. No. 1705303-5650/1656705; $45,000.00 to Acct. No. 1705303-5650/1658705; $30,000.00 to Acct. No. 1705303-5650/1657705; $30,000.00 to Acct. No. 1705303-5650/1392705 from Municipal Utility Fund balance. MOTION: Moved by Michael, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Spagnolo absent). *****. M. CONSENT CALENDAR -FIRE PROTECTION DISTRICT M7. Approval of Minutes: October 3, 2007 (Regular Mtg. -Michael absent) October 17, 2007 (Regular Meeting) M8. Approval of Check Register dated October 10 through October 30, 2007, for the total amount of $109,383.60. M9. Approval to receive a donation in the amount of $500 from Costco Wholesale of Rancho Cucamonga and $1,000 from the Rancho Cucamonga Professional Firefighters Association for the Threat Avengers Trading Card Program as part of the Fire District's Public Education Program. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 6 M10. Approval of agreements for 800 MHz radio communications system access/paging services and equipment maintenance services between the City of Rancho Cucamonga and the County of San Bernardino, and between Rancho Cucamonga Fire Protection District (FD 07-015) and the County of San Bernardino. M11. Approval to adopt a boundary map showing Parcel Numbers 0229-181-03 & 11 (Sandoval Pipeline Engineering), located on the west side of Hickory Avenue, south of Arrow Route, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 07-057 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-9) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 M12. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07-9 (APNs: 0229-181-03 & 11; Sandoval Pipeline Engineering), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 07-058 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-9) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 M13. Approval to adopt a boundary map showing Parcel Number 0229-171-10 (Arrow Rancho Park), located on Arrow Route between Pecan Avenue and Hickory Avenue, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 07-059 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-10) SHOWING PROPERTY TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 85-1 M14. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07- 10 (APN: 0229-171-10; Arrow Rancho Park), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 7 RESOLUTION NO. FD 07-060 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-10) TO COMMUNITY FACILITIES DISTRICT NO.85-1 MOTION: Moved by Gutierrez, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Spagnolo absent). ***** N. CONSENT CALENDAR -CITY COUNCIL N15. Approval of Minutes: October 3, 2007 (Regular Meeting -Michael absent) October 17, 2007 (Special Mtg. re Workforce Housing) October 17, 2007 (Special Mtg. re Relocation Appeals Board) October 17, 2007 (Regular Meeting) N16. Approval of Check Register dated October 10 through October 30, 2007, and payroll ending October 30, 2007, for the total amount of $6,338,891.71. N17. Approval of a payment in the amount of $1,181,404.50 to the County of San Bernardino Flood Control District that will serve to transfer the Regional Mainline Drainage Fees collected by the City of Rancho Cucamonga, as provided for in Agreement No. CO 02-139 to meet the City's funding obligation for the Upper Etiwanda Creek Improvement Project, and approval of an appropriation of $1,181,404.50 to Acct. No. 1 1 1 4303-5650/1 358-0 from the Drainage Etiwanda/ San Sevaine (Fund 114) fund balance. N18. Approval to appropriate $5,000 awarded by the Library Foundation for the Big Read Program as follows: $2,000 into Acct. No. 1301602-5200 and $3,000 into Acct. No. 1301602-5300; appropriate $20,000 awarded from Target for the Summer Reading Program as follows: $10,000 into Acct. No. 1290606-5300 and $10,000 into Acct. No. 1290607-5300; and appropriate $22,000 awarded from the State Library for Live Homework Help into Acct. No. 1290601-5300. N19. Approval of a $67,498.00 appropriation from the Recreation Fund Reserves into the following account numbers: $24,415.00 into Acct. No. 1250401-5000; $8,440.00 into Acct. No. 1250401-5010; $11,643.00 into Acct. No. 1250401-5030; $22,500.00 into Acct. No. 1250401-5200; and $500.00 into Acct. No. 1250401-5300 for expenses related to the six months of preparation and operations of the Arrow Route Center in FY 2007/08. N20. Approval of the Park and Recreation Commission's recommendation for the naming of the park located at 13150 Garcia Drive as Garcia Park. N21. Approval of a recommendation by the Park and Recreation Commission to approve the Street Banner Schedule and Applications for Calendar Year 2008. N22. Approval of a request to Summarily Vacate Excess Drainage Easement on a portion of Parcel 4 of Parcel Map No. 1843, a vacant residential lot, located in the Alta Loma area of the City near the intersection of Manzanita Drive and Buckthorn Avenue; by Ryan Chance; V-212 - APN 1062-121-26. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 8 RESOLUTION NO. 07-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE SUMMARY VACATION OF EXCESS DRAINAGE EASEMENT LOCATED IN THE ALTA LOMA COMMUNITY OF THE CITY AND GENERALLY NORTHWEST OF MANZANITA DRIVE AND BUCKTHORN AVENUE -APN: 1062-121-26 N23. Approval of a request to Summarily Vacate Excess Drainage Easement on a portion of Lot 16, Tract 6313, a residential lot, located at 5830 Buckthorn Avenue north of Manzanita Drive, by Ryan Chance; V-213 -APN: 1062-121-16. RESOLUTION N0.07-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE SUMMARY VACATION OF EXCESS DRAINAGE EASEMENT LOCATED ON 5830 BUCKTHORN AVENUE NORTH OF MANZANITA DRIVE -APN: 1062- 121-16 N24. Approval to order the Annexation to Landscape Maintenance District No. 36 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2005-00810, located on the southeast corner of Banyan Street and Beryl Avenue, submitted by Roman Catholic Bishop of San Bernardino. RESOLUTION NO. 07-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 36 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2005-00810 (APN: 1062-381-01) N25. Approval of the use as described in the sublease between J. Filippi Vintage Company, Inc., and Saffron Catering & Event Services, Inc., for space within Regina Winery, and Amendment No. 2 (CO 02- 131) to the Ground Lease between the City of Rancho Cucamonga and J. Filippi Vintage Company, Inc., to amend the term of the lease from 99 years to 55 years. SUBLEASE NOT APPROVED. SEE COMMENTS BELOW. N26. Approval to award a Contract to Braughton Construction, Inc. (CO 07-206), in the amount of $498,638.56 (plus a 10% contingency) from Park Development Acct. No. 1120305-5650/1059120-0 in the amount of $248,502.56, and from CDBG Funds Acct. No. 1204314-5650/1327204-0 in the amount of $300,000.00 for the Construction of the Old Town Park Playground Renovation Project. N27. Approval of a single source vendor selection with Calsense of Carlsbad, CA, for routine system parts and repairs in annual amounts as per adopted budget funded by multiple city and landscape maintenance accounts with an option to renew for additional one-year periods, upon review and confirmation of pricing and mutual consent, up to a total of four years beginning in Fiscal Year 07-08; and appropriate $232,820 from the Beautification Fund Balance into Acct. No. 1110316-5650 for the replacement of digital radios with local radios. N28. Approval to accept bids received and award and authorize the execution of the contract in the amount of $499,973.50 to the apparent low bidder, S.R. Bray Corporation dba Power Plus! (CO 07-207), and authorize the expenditure of a 10% contingency in the amount of $49,997.35 for the 12 KV Electrical Distribution Improvements at the north and south sides of Foothill and Rochester and the southeast corner of Haven and Jersey, to be funded from Municipal Utility funds, Acct. Nos. 1705303- 5650/1518705-0, 1705303-5650/1396705-0, 1705303-5650/1647705-0 and 1705303-5650/1653705-0, and appropriate an additional amount of $180,000.00, $118,000.00, $147,000.00 and $112,000.00 to Acct. Nos. 1705303-5650/1518705-0, 1705303-5650/1396705-0, 1705303-5650/1647705-0 and 1705303-5650/1653705-0, respectively, from Municipal Utility Fund Balance. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 9 N29. Approval to execute a Professional Services Agreement in the amount of $119,760.00 to Butsko Utility Design, Inc. (CO 07-205/RA 07-021), and authorize the expenditure of a 10% contingency in the amount of $11,976.00 for system planning, design and/or inspection of Haven Point, Vintner, One Town Square, Fire Administration, and Haven Grade Separation within the Rancho Cucamonga Municipal Utility service and to be funded $26,200.00 from Acct. No. 1705303-5650/1656705, $36,400.00 from Acct. No. 1705303-5650/1658705, $23,580.00 from Acct. No. 1705303-5650/1657705, $24,180.00 from Acct. No. 1705303-5650/1392705 Municipal Utility Fund, and $10,340.00 from Acct. No. 2660801- 5650/1355660-6312 RDA Funds, and authorize and appropriate an amount of $30,000.00 to Acct. No. 1705303-5650/1656705; $45,000.00 to Acct. No. 1705303-5650/1658705; $30,000.00 to Acct. No. 1705303-5650/1657705; $30,000.00 to Acct. No. 1705303-5650/1392705 from Municipal Utility Fund balance. N30. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $172,730.06 to the apparent low bidder, Grand Pacific Contractors, Inc. (CO 07-208), and authorize the expenditure of a 10% contingency in the amount of $17,273.00, for the La Senda and Etiwanda Channel Access Ramps and Foothill Boulevard Drainage Improvements, to be funded from General Drainage Funds, Account Nos. 11123035650/1554112-0, 11123035650/1557112-0, 1 1 1 23035650/1 5581 1 2-0 and appropriate an additional amount of $47,000.00 to Account No. 1 1 1 23035650/1 5541 1 2-0, from General Drainage Fund Balance. N31. Approval to appropriate $1,118,368 into Acct. No. 1016301-5300 (Community Development Technical Services Fund 016) and approval to execute a Professional Services Agreement with Hogle- Ireland, Inc. (CO 07-209) not to exceed $1,118,368 for the preparation of a General Plan Update and Environmental Impact Report (EIR) for the City of Rancho Cucamonga. N32. Approval to execute a Professional Services Agreement with RJM Design Group (CO 07-210) for design services for the Phase II Master Plan of Etiwanda Creek Park in the amount of $100,610.00, and authorize the expenditure of a 10% contingency in the amount of $10,061.00, funded from Acct. No. 1120305-5650/1617120-0 and approval of an appropriation of $110,671.00 from Park Development Fund to Acct. No.1 1 20305-5650/1 61 71 20-0. N33. Approval to accept bids received and award and authorize the execution of the contract in the amount of $1,035,208.05 to the apparent low bidder, Land Forms Landscape Construction, Inc. (CO 07- 211), and authorize the expenditure of a 10% contingency in the amount of $103,520.81 for the Alfreda Ward Maloof Greenbelt Project, to be funded from Beautification funds, Acct. No. 1110316- 5650/1 3351 1 0-0 and Park Development funds, Acct. No. 1120305-5650/1335120-0 and appropriate an additional amount of $330,000.00 to Acct. No. 1120305-5650/1335120-0 from Park Development fund balance. N34. Approval 'to accept bids received and award and authorize the execution of the contract in the amount of $122,184.00 to the apparent low bidder, Pefe & Sons Construction, Inc. (CO 07-218), and authorize the expenditure of a 10% contingency in the amount of $12,218.40 for the Archibald Avenue Community Trail from Banyan Street to Wilson Avenue, to be funded from Beautification Funds, Acct. No. 1110303-5650/1607110-0. N35. Approval of agreements for 800 MHz radio communications system access/paging services and equipment maintenance services between the City of Rancho Cucamonga and the County of San Bernardino (CO 07-219), and between Rancho Cucamonga Fire Protection District and the County of San Bernardino. N36. Approval of Improvement Agreement Extension for Tract 15982, located on the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 10 RESOLUTION N0.07-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15982 N37. Approval of Improvement Agreement Extension for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 07-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15982-1 N38. Approval of Improvement Agreement Extension for Tract 16908, located on the north side of Arrow Route, west of Baker Avenue, submitted by HL Homes Corporation. RESOLUTION NO. 07-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16908 N39. 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. RESOLUTION NO. 07-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227-1 N40. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Cash Deposit and file a Notice of Completion for improvements for DR00-27, located at the northeast corner of 19th and Carnelian Streets (The Vons Store within the Alta Loma Shopping Center), submitted by the Vons Companies, Inc., a Michigan Corporation. RESOLUTION NO. 07-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR00-27 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N41. Approval to release Maintenance Letter of Credit for DRC2001-00439, located at the southeast corner of Vineyard Avenue and Calle Del Prado, submitted by Lifeway Church, a California nonprofit religious corporation. N42. Approval to accept Improvements, retain $1,770.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond and file a Notice of Completion for improvements for DRC2003-00199, located on the southwest corner of Sebastian and Rochester, submitted by YNS Enterprises, No. 2, LLC. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 11 RESOLUTION NO. 07-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00199 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N43. Approval to release Maintenance Guarantee Bond for DRC2003-00732, located on the north side of Jack Benny Drive, east of Rochester Avenue, submitted by Bates-Evergreen Partners, LLC & Stadium Plaza South, LLC. N44. Approval to accept Improvements, retain $860.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2004-00897 (Parcel Map 17988), located on the south side of Jersey Boulevard between Rochester Avenue and Boston Place, submitted by Jersey Partners, LLC. RESOLUTION NO. 07-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2004-00897 (PARCEL MAP 17988) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N45. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for the traffic signal at Long Meadow Drive and Victoria Park Lane for Tract No. 16372, located on the northwest corner of Church Street and Etiwanda Avenue, submitted by Victoria Arbors, LLC. RESOLUTION NO. 07-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNAL AT LONG MEADOW DRIVE AND VICTORIA PARK LANE FOR TRACT NO. 16372 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK N46. Approval to accept Improvements, retain $620.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 16488, located on the north side of Laurel Street, between Red Oak Street and Aspen Avenue, submitted by Oasis Homes, Inc. RESOLUTION NO. 07-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16488 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N47. Approval to accept Improvements, retain $2,180.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 16574, located on the southwest corner of Teak Way and Ironwood Street, submitted by Martinez Properties, LLC. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 12 RESOLUTION NO. 07-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16574 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N48. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Cash Deposit, and file a Notice of Completion for improvements for Parcel Map 17077, located on the southeast corner of Day Creek Boulevard and Foothill Boulevard, submitted by Foothill Crossing Rancho, LLC. RESOLUTION NO. 07-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17077 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N49. Approval to accept the Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for Tract 17277, located on the east side of Archibald Avenue, north of 6m Street, submitted by G 8~ L Commercial, LLC. RESOLUTION NO. 07-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17277 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N50. Approval to accept Improvements, release the Faithful Performance and Labor and Materials Bonds, and file a Notice of Completion for Lions Centers East and West Electrical Switchgear Upgrade, Contract No. 07-008. RESOLUTION NO. 07-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LIONS CENTER EAST AND WEST ELECTRICAL SWITCHGEAR UPGRADE PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N51. Approval of release of Faithful Performance Bond No. 0426513, which was held on November 1, 2006, as a Maintenance Bond in the amount of $185,000.00, for the Fisher Drive Landscape Improvements, Contract No. 06-022. N52. Approval to accept the Highland Avenue Gates at Highland Avenue east of San Benito Avenue and Fairmont Way north of Kenyon Way, Contract No. 07-049 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 $240,548.00. RESOLUTION NO. 07-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE GATES AT HIGHLAND AVENUE EAST OF SAN BENITO AVENUE AND FAIRMONT WAY NORTH OF KENYON WAY, CONTRACT NO. 07-049 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 13 N53. Approval to accept the Banyan Street Pavement Rehabilitation, Sapphire to Carnelian Street, Contract No. 07-054 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 $168,294.13. RESOLUTION NO. 07-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET PAVEMENT REHABILITATION, SAPPHIRE TO CARNELIAN STREET, CONTRACT NO. 07-054 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N54. Approval to release the Faithful Performance Bond No. 6367267, which was held on November 1, 2006, as a Maintenance Guarantee Bond in the amount of $197,133.00, for the Etiwanda and Church Street Traffic Signal, Contract No. 05-090. James Markman, City Attorney, stated the Sublease in Item N25 would not be voted on at this meeting and would return at a future meeting. He stated the amendment to the Ground Lease could still be approved tonight. MOTION: Moved by Gutierrez, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar with the correction to Item N25. Motion carried 4-0-1 (Spagnolo absent). **~*** O. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT & CITY COUNCIL 01. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT - DRC2005-00523 -CREATIVE DESIGN ASSOCIATES - A request to change the Development District Map from Medium Residential to Low-Medium Residential to bring the site into conformance with the General Plan, located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street - APN: 0202-131-27, 0202-131-61 and 62. Related files: Tentative Tract Map SUBTT17444, Development Review DRC2005-00250, Minor Exception DRC2005-00522, Tree Removal Permit DRC2005-00521 and Preliminary Review DRC2004-00331. ORDINANCE NO. 783 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00523, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO LOW-MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 2.17 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE AND SOUTH OF 19T" STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0202-131-27, 61 AND 62 A staff report was presented by Tabe Van Der Zwaag, Associate Planner. Councilmember Michael asked for clarification on the density, and if it is being reduced. Tabe Van Der Zwaag, Associate Planner, stated it is going from 8 - 14 dwelling units per acre to 4 - 8 dwelling units per acre. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 14 Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 783. MOTION: Moved by Williams, seconded by Michael to waive full reading and set second reading of Ordinance No. 783 for the December 5, 2007 meeting. Motion carried unanimously 4-0-1 (Spagnolo absent). ************ THE FIRE PROTECTION DISTRICT AND THE CITY COUNCIL WILL JOINTLY CONSIDER THE FOLLOWING PUBLIC HEARING ITEM (#2): 02. CONSIDERATION OF ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES AND THE 2007 CALIFORNIA FIRE CODE ORDINANCE NO. 784 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32 OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2007 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2," 2006 EDITION, INCLUDING APPENDICES THERETO; THE 2007 CALIFORf,IIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE," 2006 EDITION, INCLDUING APPENDICES THERETO; THE 2007 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2006 EDITION, INCLUDING APPENDICES THERETO; THE 2007 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 2005 EDITION, INCLUDING APPENDICES; ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION AND CONTAINED IN PARTS 2 THROUGH 5 OF TITLE 24 OF THE CODE OF REGULATIONS; THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1997 EDITION; THE "UNIFORM HOUSING CODE," 1997 EDITION; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS AND EXCEPTIONS ORDINANCE NO. FD 46 (First Reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS WITH ERRATA TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES A staff report was presented by Trang Huynh, Building and Safety Official; Peter Bryan, Fire Chief; and Rob Ball, Fire Marshal. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 15 Councilmember Gutierrez felt this was a step in the right direction. He commented on the landscaping management in some of the areas that had the fires and that the landscaping planted prevented fire damage. Councilmember Michael stated he appreciated the efforts on this and was happy with the work that was done. He felt we should go back and encourage homeowners that have dry vegetation that this is a fire hazard and they should embrace some new ideas on fire resistant plants. Mayor Kurth stated he is glad this is being done. He felt this is something that will help to prevent fires in our City for the future. He felt it was good to have the codes adopted that are not conflicting. He thanked the Fire and Building and Safety Departments for doing this. The staff report continued with presentations given by Fire Chief Peter Bryan and Fire Marshall Rob Ball. Chief Bryan stated the Mayor has asked that a presentation be made to compare where we were pre- 2003, where we are now and where we are going in order to protect lives and structures in the urban interface. He hoped this would come back to the Council at the first meeting in December. Mayor Kurth stated he is glad this is being done. He felt this is something that will help to prevent fires in our City for the future. He felt it was good to have the codes adopted so they are not conflicting. He thanked the Fire and Building and Safety Departments for doing this. ***.~*** A recess was taken at 8:48 p.m. to allow the students attending to leave the meeting. The meeting was called back to order at 8:56 p.m. with all members present except member Spagnolo. *,~***** Mayor Kurth opened the meeting for public hearing. Addressing the City Council were: John Lyons talked about watching the fires on television. He mentioned the environmentalist and how they don't want the brush managed properly. He felt this was the big challenge in handling them. He hoped there would be some grant money coming to help with these programs. There being no further input, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 784. MOTION: Moved by Michael, seconded by Williams to waive full reading and set second reading or Ordinance No. 784 for the December 5, 2007 meeting. Motion carried unanimously 4-0-1 (Spagnolo absent). Debra J. Adams, City Clerk, read the title of Ordinance No. FD 46. MOTION: Moved by Michael, seconded by Williams to waive full reading and set second reading of Ordinance No. FD 46 for the December 5, 2007 meeting. Motion carried unanimously 4-0-1 (Spagnolo absent). *****„ P. CITY MANAGER~5 STAFF REPORTS -PUBLIC FINANCING AUTIiORITY REDEVELOPMENT AGENCY & CITY COUNCIL P1. APPROVAL TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $331,377.00 FROM THE 2007 STATE OF CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 16 INTO ACCT. NO. 1354000-4740 (GRANT INCOME) AND AUTHORIZATION TO APPROPRIATE $308.006.00 INTO ACCT. NO. 1354701-5300 (COPS PROGRAM GRANT STATE. CONTRACT SERVICES) TO FUND ONE (1) SHERIFF'S DETECTIVE AND ONE (1) SHERIFF'S DEPUTY A staff report was presented by Jack Lam, City Manager. MOTION: Moved by Michael seconded by Gutierrez to accept the grant revenue. Motion carried unanimously 4-0-1 (Spagnolo absent). **«***** The Mayor/Chairman stated that the City Council, the Board of Directors of the Redevelopment Agency and the Board of Directors of the Public Financing Authority will now convene to consider agenda matters related to the proposed issuance of the Redevelopment Agency, Rancho Redevelopment Project Housing Set Aside Tax Allocation Bonds, Tax Exempt 2007 Series A, and Taxable 2007 Series B. ******** P2. CONSIDERATION OF A RESOLUTION APPROVING THE ISSUANCE OF 2007 HOUSING SET-ASIDE TAX ALLOCATION BONDS FOR THE BENEFIT OF THE REDEVELOPMENT AGENCY WORKFORCE HOUSING PROGRAM RESOLUTION NO. PFA 07-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA PUBLIC FINANCING AUTHORITY, APPROVING THE PURCHASE AND RESALE OF RANCHO REDEVELOPMENT PROJECT HOUSING SET-ASIDE TAX ALLOCATION BONDS, 2007 TAX-EXEMPT SERIES A AND TAXABLE 2007 SERIES B OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, APPROVING PURCHASE CONTRACTS AND APPROVING CERTAIN OTHER MATTERS RELATING THERETO A staff report was presented by Linda Daniels, Redevelopment Director. MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. PFA 07-001. Motion carried unanimously 4-0-1 (Spagnolo absent). P3. CONSIDERATION OF A RESOLUTION APPROVING THE ISSUANCE OF 2007 HOUSING SET-ASIDE TAX ALLOCATION BONDS FOR THE BENEFIT OF THE REDEVELOPMENT AGENCY WORKFORCE HOUSING PROGRAM RESOLUTION NO. RA 07-026 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE OF ITS RANCHO REDEVELOPMENT PROJECT HOUSING SET-ASIDE TAX ALLOCATION BONDS, TAX-EXEMPT 2007 SERIES A AND TAXABLE 2007 SERIES B, APPROVING A TRUST INDENTURE, ESCROW AGREEMENTS, AN OFFICIAL STATEMENT AND PURCHASE CONTRACTS, APPROVING SUBORDINATION AGREEMENTS, AUTHORIZING THE EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF THE SALE OF THE BONDS AND MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING THERETO A staff report was presented by Linda Daniels, Redevelopment Director. Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 17 MOTION: Moved by Gutierrez, seconded by Michael to approve Resolution No. RA 07-026. Motion carried unanimously 4-0-1 (Spagnolo absent). P4. CONSIDERATION OF A RESOLUTION APPROVING THE ISSUANCE OF 2007 HOUSING SET-ASIDE TAX ALLOCTION BONDS BY THE REDEVELOPMENT AGENCY TO FUND ITS WORKFORCE HOUSING PROGRAM RESOLUTION NO. 07-268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF ITS RANCHO REDEVELOPMENT PROJECT HOUSING SET-ASIDE TAX ALLOCATION BONDS, TAX-EXEMPT 2007 SERIES A AND TAXABLE 2007 SERIES B A staff report was presented by Linda Daniels, Redevelopment Director. MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution No. 07-268. Motion carried unanimously 4-0-1 (Spagnolo absent). ***~~,. COUNCIL BUSINESS Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Gutierrez stated that Jerie Lee is absent tonight from the meeting due to medical reasons and he wished her well. He stated that Councilmember Spagnolo's wife has a medical issue and that is why he is not here tonight. He wished Mrs. Spagnolo well. He reminded everyone to come to the parade and street fair and to also go to the playhouse Saturday night. Councilmember Michael stated we have been a City for 30 years and mentioned Catherine Bridge who was at the last meeting talking about the City's incorporation. He mentioned the opening of the Rails to Trails and stated it is open to anyone that wants to use them. He hoped this trail will hook up to our neighboring cities also. He commented on the recent fires and related that to our fires of 2003. He stated his hat is off to fire and police staff that made sure that our City was safe while we sent fire and police to those cities that needed our assistance. Mayor Pro Tem Williams stated she and Councilmember Michael rode a bicycle to initiate the new trail. She stated it is awesome and many people are using it. She thanked staff that worked on this to make it happen. She mentioned the legislative report, and stated the legislature is not doing anything at the present time. Mayor Kurth stated our prayers go out to Jerie Lee and Vi Spagnolo. He stated there are wonderful pets to be adopted. He encouraged people to attend the Founder's Day Parade. He stated due to the Thanksgiving holiday that the November 21st meeting is cancelled and added that the next regular meeting would be held December 5th. He wished everyone a happy Thanksgiving and a great holiday. Q2. LEGISLATIVE AND REGIONAL UPDATES (Oral) See Mayor Pro Tem Williams' comments above. ***~** Redevelopment Agency, Fire Protection District, City Council and Public Financing Authority Minutes November 7, 2007 Page 18 R. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting to be held December 5th. The November 21st Meeting has been cancelled. ****** S. ADJOURNMENT The meeting adjourned at 9:19 p.m. Respectfully submitted, Debra J. Adams, CMC Assistant Secretary/Secretary/City Clerk City Council Approved: December 5, 2007 Respectfully submitted, Debra L. McKay, MMC Assistant Secretary/Secretary/ Records Manager Public Financing Authority Approved: * * * " September 21, 2011 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY MINUTES FIRE PROTECTION DISTRICT MINUTES CITY COUNCIL MINUTES Regular Meetings A. CALL TO ORDER The regular meetings of the Rancho Cucamonga Redevelopment Agency, Fire Protection District Board and City Council, were cancelled. All items of business for these agendas were rescheduled for the October 5, 2011. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes September 21, 2011 -Page 1 of 1 October 19, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga Redevelopment Agency and Fire Protection District held a closed session on Wednesday, October 19, in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Chairman/President L. Dennis Michael. Present were Agency Members/Board Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice ChairmanNice President Sam Spagnolo and Chairman/President L. Dennis Michael. Also present were: John Gillison, City Manager; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. The following closed session items are being considered: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD, IDENTIFIED AS APN 1089-031-35, 1089-031-15 AND 1089-031-16; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND DAVID LINDEN, LEWIS GROUP OF COMPANIES, REGARDING TERMS OF AGREEMENT -RDA D2. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -FIRE No persons were present wishing to speak. The closed session recessed at 5:02 p.m. to the Tapia Room. Closed session began at 5:30 p.m. Present were Agency Members/Board Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice ChairNice President Sam Spagnolo and Chairman/President L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney and Linda Daniels, Assistant City Manager. *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 1 of 9 E. CITY MANAGER ANNOUNCEMENTS No announcements were made. The closed session recessed at 6:35 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Bill Wittkopf, Public Works Services Director; Mark Steuer, Director of Engineering Services; Robert Karatsu, Library Director; Fire Chief Mike Bell; Joe Pulcinella, Animal Services Director; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H1. Presentation of Certificate of Recognition to Joseph Machado, National winner in 11th annual Kohl's Cares® Scholarship Program. Mayor Michael presented a certificate of recognition to Joseph Machado for winning the annual Kohl's Care Scholarship. H2. Presentation of a check by representatives of the former Sunrize Rotary Club to the City of Rancho Cucamonga and the Rancho Cucamonga Community & Arts Foundation. Doug Morris and other representatives from the former Sunrize Rotary Club presented a check in the amount of $10,000 to the City of Rancho Cucamonga and the Community & Arts Foundation. H3. Presentation on the City of Rancho Cucamonga's participation in the Shakeout 2011. Breanna Medina, Management Analyst II, announced the City's participation in Shakeout 2011 to be held on October 20, 2011. I. PUBLIC COMMUNICATIONS 11. Ruth Leal and Teresa Akahoshi from the Library Foundation Board invited the City Council and the audience to the Music, Masquerade & Merlot event on October 28, 2011 at 7:00 p.m. at the Victoria * DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 2 of 9 Gardens Cultural Center. Teresa Akahoshi also invited the Council and the audience to the Furry Friends Festival to be held on October 22, 2011 from 8:00 a.m. to 2:00 p.m. 12. Tammo Wilkens addressed the City Council regarding the condition of the tables at the Senior Center at Central Park. He provided photographs showing the poor condition of some of the tables and asked that they be replaced. 13. Mike Nelson, Economic Development Manager, announced the Inland Empire West End Job Fair, which will be held on October 27, 2011 from 9:00 a.m. to 2:00 p.m. at the Ontario International Airport in the Terminal Building I. 14. Victoria Jones, President of the Friends of the Pacific Electric Trail thanked the City Council for the wonderful improvements in the final phase of the Pacific Electric trail. 15. William Brown expressed a concern with yard and garage sale signs that are put up in the City and are never removed. He noted that when City forces are removing the signs, that they contact the owner regarding the permit requirements and fine them. 16. Osvaldo Leonard Diaz expressed concerns with the conduct of the Police Department and demanded that cameras be used when officers are on duty. 17. John Lyons announced his new radio talk show, which airs on Sunday mornings at 9:30 a.m. 18. Bill Hanlon commented on Buddhism and his concerns with the Animal Care and Services Director being paid to kill animals. 19. Ed Dietl invited the City Council and the audience to the Old Fashioned Christmas celebration at the Historic Rains House on December 3, 2011 from 3:00 to 8:00 p.m. Also, Mr. Dietl spoke about the need to preserve the old gas station on Foothill Boulevard and reported that he is collecting signatures from business owners who want to save the gas station. 110. Sandie Dietl addressed the parking bumpers in the handicapped area in front of the Senior Center at Central Park. As a friend had tripped over one of these bumpers, she suggested that they be replaced with posts. Also, Mrs. Dietl invited the City Council and the audience to the Vintner's Celebration on October 21, 2011 at the Doubletree Hotel. 111. Raymond Herrera asked that the City Council reconsider Ordinance No. 849, as it infringes upon freedom of speech and the right to assemble. Also, Mr. Herrera showed pictures of day laborers who are illegally assembling. 112. Robin Hvidston noted the need to repeal Ordinance No. 849. She noted that the day laborers are breaking the law every day and stated that this Ordinance should be applied to them as well. Ultimately, she would like the Ordinance repealed. CONSENT CALENDARS: The following items are expected to be routine and non-controversial. They will be acted upon by the Agency/Board/City Council at one time without discussion. Any item may be removed by J. CONSENT CALENDAR -REDEVELOPMENT AGENCY J1. Approval of Minutes: October 5, 2011 (Regular Meeting) *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 3 of 9 J2. Approval of Check Register dated September 28 through October 11, 2011, for the total amount of $1,117,509.87. J3. Approve to receive and file current Investment Schedules ending August 31 and September 30, 2011. J4. Approval of Cooperative Agreement between the Cucamonga Valley Water District (RA 11- 015) and the City of Rancho Cucamonga for the East Avenue and Base Line Road sewer relocation in conjunction with the East Avenue Master Plan Storm Drain Line 8 Project and authorize the Chairman to sign said Cooperative Agreement. J5. Approval to accept the Hellman Avenue Master Planned Storm Drain and Street Improvements -Phase 1 from 9~h Street to San Bernardino Road, Contract No. RA 10-010 as complete, release the bonds, accept a Maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $6,251,874.34. RESOLUTION NO. RA 11-019 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HELLMAN AVENUE MASTER PLANNED STORM DRAIN AND STREET IMPROVEMENTS - PHASE 1 FROM 9T" STREET TO SAN BERNARDINO ROAD, CONTRACT NO. RA10-010 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. K1. Approval of Minutes: October 5, 2011 (Regular Meeting) K2. Approval of Check Register dated September 28 through October 11, 2011, for the total amount of $328,463.60. K3. Approve to receive and file current Investment Schedules ending August 31 and September 30, 2011. K4. Approval of a co-location/ground space lease to the existing Communications Facility Site Lease Agreement, dated February 21, 2007, between Los Angeles SMSA Limited Partnership, dba Verizon Wireless, and Rancho Cucamonga Fire Protection District fora co- loration/ground space lease agreement with New Cingular Wireless PCS, LLC, at the Banyan Fire Station No. 175, 11108 Banyan Street. MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. L. CONSENT CALENDAR -CITY COUNCIL L1. Approval of Minutes: October 5, 2011 (Regular Meeting) October 10, 2011 (Special Meeting -Animal Care & Services) L2. Approval of Check Register dated September 28 through October 11, 2011, and payroll ending October 11, 2011, for the total amount of $6,502,870.58. * DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 4 of 9 L3. Approve to receive and file current Investment Schedules ending August 31 and September 30, 2011. L4. Approval to allocate $20,000 awarded by the California State Library and $15,000 from the Library Foundation into Library Revenue Accounts 12920000-4740 and 12920000-4909 and appropriate $12,500 into Expenditure Account 1292602-5200 and $22,500 into Expenditure Account 1292602-5300 for "Staff Innovation Fund" Grant. L5. Approval to allocate $25,000 awarded by the California State Library and $10,000 from the Library Foundation into Library Revenue Accounts 1302000-4740 and 1302000-4909 and appropriate $5,000 into Expenditure Account 1302601-5010 and $30,000 into Expenditure Account 1302601-5300 for "Rancho Kids V -Pals Across California!" Grant. L6. Approval to allocate $7,500 awarded by the California Council for the Humanities into Library Revenue Account 1290000-4740/0-3722 and appropriate $2,000 into Expenditure Account 1290601-5010/0-3722, $2,500 into Expenditure Account 1290601-5200/0-3722 and $3,000 into Expenditure Account 1290601-5300/0-3722 for "California Reads - Farewell to Manzanar" Grant. L7. Approval to allocate $750 awarded by the National Endowment for the Humanities into Library Revenue Account 1290000-4740/0-3721 and appropriate $750 into Expenditure Account 1290601-5200/0-3721 for "Lincoln: The Constitution and the Civil War" Grant. L8. Approval of a request for a Type 47 ABC License permitting on-site consumption of alcoholic beverages -Public Convenience or Necessity (DRC2011-00880) - within a bona fide eating establishment with a bar located at 11849 Foothill Boulevard, Unit A -APN: 0229-011-47. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, existing facilities. RESOLUTION NO. 11-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR DRC2011-00880 FOR A TYPE 47 ON-SALE GENERAL ABC LICENSE WITHIN A BONA FIDE EATING ESTABLISHMENT IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED AT THE MAST PLAZA AT 11849 FOOTHILL BOULEVARD, UNIT A -APN: 0229-011-47 L9. Receive Community Services Update Report. L10. Approval to receive and appropriate funds in the amount of $22,554 awarded from the Statewide Park Development and Community Revitalization Program of 2008 (Proposition 84), into Account Number 1235000-4740 (Grant Income) and Account Number 1235401- 5300 (Contract Services) for the completion of the environmental process for the Southwest Cucamonga Park Project. L11. Approval of a request from the Friends of the Pacific Electric Trail for City assistance with their 2012 Annual Cucamonga Challenge, to be held on May 12, 2012. L12. Approval of a Resolution of the City Council of the City of Rancho Cucamonga certifying the Rancho Cucamonga Municipal Utility 2010 Power Source Disclosure Program Annual Report and Power Content Label. *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 5 of 9 RESOLUTION NO. 11-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE RANCHO CUCAMONGA MUNICIPAL UTILITY 2010 POWER SOURCE DISCLOSURE PROGRAM ANNUAL REPORT AND POWER CONTENT LABEL L13. Approval of an Acquisition Agreement (CO 11-164) for the City to acquire off-site property, security and deposits for Tract 18806, located on the north side of Base Line Road between Etiwanda Avenue and East Avenue, submitted by LVD Rancho Cucamonga, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 11-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT FOR OFF SITE PROPERTY, SECURITY AND DEPOSIT, FOR TRACT 18806, FROM LVD RANCHO CUCAMONGA, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME L14. Approval of plans and specifications for "Red Hill Park, Heritage Park and East Beryl Park Shade Shelter Project" and authorize the City Clerk to advertise the "Notice Inviting Bids," to be funded from Account Nos. 1025001-5650/1698025-0 (Capital Reserve), 1025001- 5650/1740025-0 (Capital Reserve) and 1025001-5300/0-6963 (Capital Reserve) respectively, as approved in the FY 2011/2012 Budget. RESOLUTION NO. 11-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "RED HILL PARK, HERITAGE PARK AND EAST BERYL PARK SHADE SHELTER PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L15. Approval to release Maintenance Guarantee Bond for Tract 15982 revisions to the existing channel, located on the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. L16. Approval to release Maintenance Guarantee Bond for TR 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. M1. CONSIDERATION OF ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 2011-02 ALONG ARROW ROUTE FROM BEAR GULCH PLACE TO ARCHIBALD AVENUE * DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 6 of 9 RESOLUTION NO. 11-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITY DISTRICT NO. 2011-02 ALONG ARROW ROUTE FROM BEAR GULCH PLACE TO ARCHIBALD AVENUE, USING SCE RULE 20-A FUNDS Mark Steuer, Director of Engineering Services, presented the staff report. Mayor Michael opened the public hearing. Tony Cummings inquired if this district would include the poles on Hellman. In response, Mr. Steuer indicated that the district would not include these poles and that there was only funding available for two projects. Mr. Cummings asked that Hellman Avenue, north of Arrow, be considered. Mayor Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Spagnolo to adopt Resolution No. 11-170 forming Underground Utility District No. 2011-02. Motion carried 5-0. M2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2010-00135- CITY OF RANCHO CUCAMONGA - A request for approval of the conceptual park plan for the neighborhood park located in Southwest Cucamonga on a 3.4 acre site, located on the east side of Madrone Avenue between East 9th Street and Arrow Route. APN: 207-262-57. RESOLUTION NO. 11-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW NO. DRC2010-00135 FOR THE CONCEPTUAL DESIGN FOR THE NEIGHBORHOOD PARK LOCATED IN SOUTHWEST CUCAMONGA ON A 3.4 ACRE SITE, LOCATED ON THE EAST SIDE OF MADRONE AVENUE BETWEEN EAST 9T" STREET AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-262-57 Candyce Burnett, Senior Planner, presented the staff report. Mayor Michael opened the public hearing. John Lyons noted that there is a great positive impact to have a park in this area and thanked the City Council and staff. Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Alexander to adopt Resolution No. 11-171 approving Design Review No. DRC2010-00135. Motion carried 5-0. N. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. N1. REVIEW OF PROPOSED REVISIONS TO LANDSCAPE MAINTENANCE DISTRICT (LMD) NO. 2 (PowerPoint Presentation) John Gillison, City Manager and Bill Wittkopf, Public Works Service Director, presented the staff report. *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 7 of 9 In response to Council Member Buquet, the proposed reduction in contract oversight was discussed. Council Member Buquet noted that when there are difficulties with contractor performance, oversight is important. The Public Works Services Director indicated that he could provide information about projected utility cost increases to the City Council at a later date. In light of the information presented this evening, Mayor Pro Tem Spagnolo noted that this may be the time to look at alternate landscaping material. Also discussed with Mayor Michael were the fund balance and the cost to gradually return to an A level of service if the property owners decide to do so. Council Member Alexander noted that this report accurately states the finances and options in Landscape Maintenance District No. 2. MOTION: Moved by Buquet, seconded by Spagnolo to approve the staff recommendations on the revisions to service with a caution on the reduction to contract oversight and to authorize the rebidding of the landscape services contract. Motion carried 5-0 N2. UPDATE OF IMPLEMENTATION OF WORKING GROUP RECOMMENDATIONS TO THE DEVELOPMENT REVIEW PROCESS Linda Daniels, Assistant City Manager and Tiffany Cooper, Management Analyst II, presented the staff report. Council Member Buquet appreciated that time is being spent in reviewing the development review process while the economy is slow. He spoke about the need for eventual filings being made online, and wanted the ability to track the status and progress of projects. Council Member Buquet noted the plan to look at the number of submittals that were needed and hoped that they could be reduced. In response to Mayor Michael, Mrs. Daniels confirmed that the Fire District personnel would review all projects. O. COUNCIL BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Mayor Pro Tem Spagnolo announced the Make A Difference Day on October 22, 2011 starting at 8:30 a.m. at Etiwanda Gardens. Also, he invited everyone to the Sons of Italy Pasta Dinner on October 23, 2011. Council Member Williams invited the City Council and the audience to the Rotary Oktoberfest on October 23, 2011 at Etiwanda Gardens. Mayor Michael announced a fundraiser for Justin Crabbe and other injured veterans on October 22, 2011 at Legends Burgers. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 8 of 9 Mayor Michael adjourned the meeting at 9:27 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: " " " * '' *DRAFT* Redevelopment Agency, Fire Protection District, City Council Minutes October 19, 2011 -Page 9 of 9 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 10/12/2011 through 10/25/2011 P1 Check No. Check Date Vendor Name Amount AP - 00315699 10/12/2011 CDW-G 140.00 AP - 00315737 10/12/2011 FAIRVIEW FORD 30,175.52 AP - 00315756 10/12/2011 HEWLETT PACKARD EXPRESS SERVICES 127.15 AP - 00315756 10/12/2011 HEWLETT PACKARD EXPRESS SERVICES 4,241.04 AP - 00315756 10/12/2011 HEWLETT PACKARD EXPRESS SERVICES 476.79 AP - 00315930 10/19/2011 ADVANTAGE BUSINESS MEDIA LLC 4,805.00 AP - 00315965 10/19/2011 CDW-G 92.78 AP - 00315965 10/19/2011 CDW-G 3,023.93 AP - 00315972 10/19/2011 CORENET GLOBAL 4,335.00 AP - 00315973 10/19/2011 COSTAR REALTY INFORMATION INC 1,181.00 AP - 00316002 10/19/2011 HDL COREN AND CONE 4,200.00 AP - 00316004 10/19/2011 HILL AND KNOWLTON INC 6,807.85 AP - 00316004 10/19/2011 HILL AND KNOWLTON INC 9,312.10 AP - 00316016 10/19/2011 IMPRESSIONS GOURMET CATERING 1,527.95 AP - 00316018. 10/19/2011 INDEPENDENT STATIONERS 25.15 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 176.63 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 728.83 AP - 00316033 10/19/2011 LANCE SOLL AND LUNGHARD 8,050.00 AP - 00316033 10/19/2011 LANCE SOLL AND LUNGHARD 1,500.00 AP - 00316035 10/19/2011 LEIGHTON CONSULTING INC 6,929.00 AP - 00316053 10/19/2011 ORCHARD CAPITAL LP 29,265:87 AP - 00316062 10/19/2011 , RANCHO CUCAMONGA CHAMBER OF COMMEI 4,749.99 AP - 00316068 10/19/2011 RICHARD.S WATSON AND GERSHON 4;136.62 AP - 00316068 10/19/2011 R.ICHARDS WATSON AND GERSHON ~ 40.00 AP - 00316068 10/19/2011 RICHARDS WATSON AND GERSHON 100.00 AP - 00316086 10/19/2011 SOCIAL VOCATIONAL SERVICES 750.00 Total for Check ID AP: 126,898.20 Total for Entity: 126,898.20 User: VLOPEZ -Veronica Lopez Page: 1 Report: CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 10/26/201 Time: 16:01:0 P2 STAFF REPORT ENGINEERING SI/RVICFS DFP.~RTI-TENT Date: .November 2, 2011 To: Mayor and Redevelopment Agency Members John R. Gillisori, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer ~~ RANCHO C,UCAMONGA Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. ANC30014, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $134,084.00, FOR THE REMOVAL OF THE OLD SOUTHERN PACIFIC RAILROAD BRIDGE WEST OF BAKER AVENUE PROJECT, CONTRACT NO. RA10-011 RECOMMENDATION It is recommended that the Agency authorize the City Clerk to release the Faithful Performance Bond No. ANC30014, retained in lieu of Maintenance Guarantee Bond in' the amount of $134,084.00, for the Removal of the'Old Southern Pacific Railroad Bridge west of Baker Avenue Project, Contract No. RA10-011. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. - Contractor: AMPCO Contracting Inc. 1328 Allec Street Anaheim, CA 92805 Respectfully submitted, . _~.~. ~;,~ ,,,w .=~'` Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P3 VICINITY NlAP REMC~VA! C1F 0!~ SOt~T1iERh1 RACIFIC RAIlRaA® BRIDE rn~E~T ~~ ~~~~R AVENt~E PR©JEGY E.E?G~'~fOl~ .. yr ~ y -,Q d 4 _ " . m. ~ R Q .:_ ~ Y ~~ ,.. -..,_ ~ .- ~g, ,. Hillside Rd~ ~ ~ - ~•'~-=~ r , ~ °° ,;, , ~ , ~ . __ _ _ YYIkonAv i ' ~ ~} . : ~ i •.' ^~.- 1 W t -- . U` :VdllSOtt AV . ~ _~ - - i. O-. m ~i. _ ' Banyan Sf~ --•- - ,, - :. - : '14 ~ ^< - - .~,; i ., ~ ~ _ _ U ~ ~ Route 3d , . 19th St _ iti - .~ . _~ •, : _ Hlghtan d AV -- ~~~ base Line Rd,~' - - "~ a'se-Line.Rd ,,~ ` ~~'~ ' ~ - FaathiU BI • : Foathill BI Arraw.iZt "' An•ow Rt 8th St ~- ~ -- _ _ .. ... ~ • 10 Freeway ~~> "' T~-' •. d Bth St ° ~ • . "~ y^ ~ ~ ;: °~` ~ , , 4th St ~ •.: to y Q a ~, y .~ ~ a ~ -. . Y ~ ~ ~ ~ ~ = Q Z ~ W RANCHO CUCAM0IVGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 10/12/2011 through 10/25/2011 Check No. , Check Date Vendor Name Amount AP - 00315660 10/12/2011 A & A APPLIANCE SERVICE 125.00 AP - 00315665 10/12/2011 ACE WEED ABATEMENT INC 1,814.92 AP - 00315666 10/12/2011 ADAPT CONSULTING INC 495.13 AP - 00315668 10/12/2011 ALL CITIES TOOLS 301.48 AP - 00315668 10/12/2011 ALL CITIES TOOLS 75.37 AP - 00315671 10/12/2011 ALSCO 313.54 AP - 00315671 10/12/2011 ALSCO 468.66 AP - 00315671 10/12/2011 ALSCO 269.49 AP - 00315671 10/12/2011 ALSCO 377.79 AP - 00315671 10/12/2011 ALSCO 531.91 AP - 00315671 .10/12/2011 ALSCO 385.91 AP - 00315671 10/12/2011 ALSCO 259.99 AP = 00315680 10/12/2011 BASTIAN, DAVID 261.00 AP - 00315682 10/12/2011 BERRY, NICOLE 134.68 AP - 00315687 10/12/2011 BURN INSTITUTE~INLAND EMPIRE 168.00 AP - 00315688 10/12/2011 BURN INSTITUTE INLAND EMPIRE 199.00 AP - 00315695 10/12/2011 CARNES, SANDY 25.45 AP - 00315695 10/1'2/2011 CARNES, SANDY 43.04 AP - 00315696 10/12/2011 CARQUEST AUTO PARTS 262.53 AP - 00315699 10/12/2011 CDW-G 76.65 AP - 00315708 10/12/2011 COMEAU, CHAD 325.00 AP - 00315710 10/12/2011 CONFIRE JPA 23,293.37 AP - 00315710 10/12/2011 CONFIRE JPA 18,634.69 AP - 00315710 10/12/2011 CONFIRE JPA 4,658.67 AP - 00315720 10/12/2011 DEPARTMENT OF GENERAL SERVICES 414.00 AP - 00315720 10/12/2011 DEPARTMENT OF GENERAL SERVICES 506.00 AP - 00315741 10/12/2011 FLEET SERVICES INC. 295.14 AP - 00315743 10/12/2011 FRANKLIN TRUCK PARTS 99.08 AP - 00315743 10/12/2011 FRANKLIN TRUCK PARTS 79.68 AP - 00315743 10/12/2011 FRANKLIN TRUCK PARTS 184.46 AP - 00315745 10/12/2011 GANDOLFO'S NY DELI 131.42 AP - 00315747 10/12/2011 GRACIANO, TAMMIE 335.00 AP - 00315748 10/12/2011 GRAINGER 70.73 AP - 00315754 10/12/2011 HENDERSON, FREDERICK 14.00 AP - 00315758 10/12/2011 HOYT LUMBER CO., SM -14.01 AP - 00315758 10/12/2011 HOYT LUMBER CO., SM 4.35 AP - 00315758 10/12/2011 HOYT LUMBER CO., SM 12.60 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 440.00 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 360.00 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 540.00 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 360.00 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 245.00 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 245.00 AP - 00315765 10/12/2011 INLAND EMPIRE PROPERTY SERVICES INC 245.00 AP - 00315784 10/12/2011 KME FIRE APPARATUS 62.01 AP - 00315784 10/12/2011 KME FIRE APPARATUS 80.58 AP - 00315784 10/12/2011 KME FIRE APPARATUS 69.15 AP - 00315784 10/12/2011 KME FIRE APPARATUS 117.02 AP - 00315788 10/12/2011 LARKIN, DAVID W 50.00 AP - 00315791 10/12/2011 LEAL, MICHAEL 205.00 AP - 00315791 10/12/2011 LEAL, MICHAEL 200.00 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 235.55 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 41.20 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 40.32 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 10/26/201 Report: CK_AGENDA R EG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:01:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315798 10/12/2011 LOWES COMPANIES INC. 13.47 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 40.92 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 107.94 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 43.08 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 9.67 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 53.66 AP - 00315809 10/12/2011 MCCLIMAN, MICHAEL 200.00 AP - 00315813 10/12/2011 MCMURRAY STERN INC 646.58 AP - 00315828 10/12/2011 NEXTEL 39.99 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 78.50 AP - 00315831 10/12/2011 OFFICE DEPOT 154.23 AP - 00315831 10/12/2011 OFFICE DEPOT 12.33 AP - 00315838 10/12/2011 PARKER, ANDREW JAMES 200.00 AP - 00315838 10/12/2011 PARKER, ANDREW JAMES 50.00 AP - 00315848 10/12/2011 RAMBAUD, BRET 172.38 AP - 00315852 10/12/2011 RICHARDS WATSON AND GERSHON 898.00 AP - 00315867 10/12/2011 SOUTH COAST AQMD 112.85 AP - 00315867 10/12/2011 SOUTH COAST AQMD 89.75 AP - 00315867 10/12/2011 SOUTH COAST AQMD 112.85 AP - 00315867 .10/12/2011 SOUTH COAST AQMD 89.75 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 1,305.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 708.86 AP - 00315883 10/12/2011 SWIFTY SIGN 1,685.21 AP - 00315888. 10/12/2011 TOLL, RICHARD 40.03 AP - 00315890 10/12/2011. UNIFIRST UNIFORM SERVICE 59.61 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 110.71 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 110.71 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 36.90 AP - 00315908 10/12/2011 WAXIE SANITARY SUPPLY 42.18 AP - 00315908 10/12/2011 WAXIE SANITARY SUPPLY 1,115.93 AP - 00315910 10/12/2011 WEST END UNIFORMS 115.56 AP - 00315912 10/12/2011 WESTPAC HEAVY DUTY OF CALIFORNIA LLC 96.95 AP - 00315912 10/12/2011 WESTPAC HEAVY DUTY OF CALIFORNIA LLC 49.67 AP - 00315923 10/13/2011 INTERSTATE BATTERIES 314.23 AP - 00315923 10/13/2011 INTERSTATE BATTERIES 135.00 AP - 00315923 10/13/2011 INTERSTATE BATTERIES ~ 145.35 AP - 00315923 10/13/2011 INTERSTATE BATTERIES 62.10 AP - 00315929 10/19/2011 ABY MFG GROUP 1,022.02 AP - 00315933 10/19/2011 AGILINE INC 40.00 AP - 00315933 10/19/2011 AGILINE INC 200.00 AP - 00315937 10/19/2011 ALLSTAR FIRE EQUIPMENT INC 3,481.94 AP - 00315937 10/19/2011 ALLSTAR FIRE EQUIPMENT INC 221.57 AP - 00315946 10/19/2011 BAUER COMPRESSORS 815.64 AP - 00315949 10/19/2011 BOUND TREE MEDICAL LLC. 2.43 AP - 00315949 10/19/2011 BOUND TREE MEDICAL LLC. 698.62 AP - 00315949 10/19/2011 BOUND TREE MEDICAL LLC. 899.77 AP - 00315949 10/19/2011 BOUND TREE MEDICAL LLC. 36.96 AP - 00315964 10/19/2011 CASCADE FIRE EQUIPMENT 378..35 AP - 00315967 10/19/2011 CHINO MOWER AND ENGINE SERVICE 107.40 AP - 00315969 10/19/2011 CLOUGHESY, DONALD 40.74 AP - 00315974 10/19/2011 CREATIVE COLLISION AND PAINT 2,224.27 AP - 00315974 10/19/2011 CREATIVE COLLISION AND PAINT 1,112.47 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 195.59 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 295.86 P5 User: VLOPEZ -Veronica Lopez Page: •2 Report: CK_AGENDA REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Current Date: 10/26/201 Time: 16:01:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P6 Agenda Check Register 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315981 10/19/2011 DESERT-CANDLE LP 746.88 AP - 00316011 10/19/2011 HOYT LUMBER CO., SM 24.77 AP - 00316018 .10/19/2011 INDEPENDENT STATIONERS 136.33 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 101.70 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 229.66 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 262.12 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 45.15 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 371.30 AP - 00316033 10/19/2011 LANCE SOLL AND LUNGHARD 4,500.00 AP - 00316036 10/19/2011 LIFE ASSIST INC 371.84 AP - 00316036 10/19/2011 LIFE ASSIST INC 348.30 AP - 00316036 10/19/2011 LIFE ASSIST INC 580.50 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC. 2,004.74 AP - 00316048 10/19/2011 NATIONAL FIRE FIGHTER WILDLAND 180.00 . AP - 00316048 10/19/2011 NATIONAL FIRE FIGHTER WILDLAND 132.95 AP - 00316048 10/19/2011 NATIONAL FIRE FIGHTER WILDLAND 6.95 AP - 00316048 10/19/2011 NATIONAL FIRE FIGHTER WILDLAND 13.10 AP - 00316049 10/19/2011 NEXTEL 37.61 AP - 00316072 10/19/2011 S B COUNTY EMS NURSES 40.00 AP - 00316072 10/19/2011 S B COUNTY EMS NURSES 40.00 AP - 00316072 10/19/2011 S B COUNTY EMS NURSES 40.00 AP - 00316072 10/19/2011 S B COUNTY EMS NURSES 40.00 AP - 00316083 10/19/2011 SLIMS KEY SHOP 400.00 AP - 00316084 10/19/2011 SMART AND FINAL 48.84 AP - 00316085 10/19/2011 SO CALIF GAS COMPANY 113.32 AP - 00316085 10/19/2011 SO CALIF GAS COMPANY 66.10 AP - 00316085 10/19/2011 SO CALIF GAS COMPANY 49.46 AP - 00316085 10/19/2011 SO CALIF GAS COMPANY 160.02 AP - 00316088 10/19/2011 SOUTH COAST AQMD 112.85 AP - 00316088 10/19/2011 SOUTH COAST AQMD 303.56 AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 37.00 AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 37.00 , AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 42.00 AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 73.00 AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 65.00 AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 71.00 AP - 00316114 10/19/2011 TERMINIX PROCESSING CENTER 81.00 AP - 00316116 10/19/2011 TIMBERLINE TOOL 495.00 AP - 00316116 10/19/2011 TIMBERLINE TOOL 17.90 AP - 00316120 10/19/2011 TRAFFIC SAFETY SYSTEM LLC 338.43 AP - 00316121 10/19/2011 TURNOUT MAINTENANCE COMPANY LLC 662.63 AP - 00316123 10/19/2011 UNIFIRST iJNIFORM SERVICE 58.79 AP - 00316132 10/19/2011 VERIZON CALIFORNIA 110.03 AP - 00316132 10/19/2011 VERIZON CALIFORNIA 38.22 AP - 00316132 10/19/2011 VERIZON CALIFORNIA 18.58 AP - 00316132 10/19/2011 VERIZON CALIFORNIA 37.05 AP - 00316132 10/19/2011 VERIZON CALIFORNIA 473.06 AP - 00316162 10/25/2011 KILMER, STEPHEN 1,020.40 AP - 00316163 10/25/2011 WALKER, KENNETH 325.66 Total for Check ID AP: 98,269.04 EP - 00002095 10/25/2011 AHUMADA, ALEXANDER R 1,530.36 EP - 00002096 10/25/2011 ALMAND, LLOYD 759.32 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 10/26/201 Report: CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:01:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/12/2011 through 10/25/2011 Check Na Check Date Vendor Name Amount EP - 00002097 10/25/2011 ARTHUR, VERA A: 174.30 EP - 00002098 10/25/2011 BANTAU, VICTORIA 377.23 EP - 00002099 10/25/2011 BAZAL, SUSAN 1,199.63 EP - 00002100 10/25/2011 BERRY, DAVID 760.00 EP - 00002101 10/25/2011 BILLINGS, ESTER 229.88 EP - 00002102 10/25/2011 CARNES, KENNETH 608.30 EP - 00002103 10/25/2011 CLABBY, RICHARD 760.00 EP - 00002104 10/25/2011 CORCORAN, ROBERT 1,466.48 EP - 00002105 10/25/2011 COX, FAYE 174.30 EP - 00002106 10/25/2011 COX, KARL 759.32 EP -00002107 10/25/2011 CRANE, RALPH 1,913.36 EP - 00002108 10/25/2011 CROSSLAND, WILBUR 456.60 EP - 00002109 10/25/2011 DAGUE, JAMES 1,466.48 EP - 00002110 10/25/2011 DE ANTONIO, SUSAN 679.24 EP - 00002111 10/25/2011 DOMINICK, SAMUEL A. 1,466.48 EP - 00002112 10/25/2011 EAGLESON, MICHAEL 1,938.82 EP - 00002113 10/25/2011 FRITCHEY, JOHN D. 760.00 EP - 00002114 10/25/2011 HEYDE, DONALD 1,466.48 EP - 00002115 10/25/2011 INTERLICCHIA, ROSALYN 627.97 EP - 00002116 10/25/2011 LANE, WILLIAM 1,938.82 EP - 00002117 10/25/2011 LEE, ALLAN 1,368.46 EP - 00002118 10/25/2011 LENZE, PAUL E 1,184.02 EP - 00002119 10/25/2011 LONGO, JOE 174.30 EP - 00002120 10/25/2011 LUTTRULL, DARRELL 608.30 EP - 00002121 10/25/2011 MACKALL, BENJAMIN 174.30 EP - 00002122 10/25/2011 MAYFIELD, RON 2,519.77 EP - 00002123 10/25/2011 MCKEE, JOHN 1,942.75 EP - 00002124 10/25/2011 MCMILLEN, LINDA 439.37 EP - 00002125 10/25/2011 MCNEIL, KENNETH 1,913.36 EP - 00002126 10/25/2011 MICHAEL, L. DENNIS - 1,466.48 EP - 00002127 10/25/2011 MORGAN, BYRON 1,933.73 EP - 00002128 10/25/2011 MYSKOW, DENNIS 760.00 EP - 00002129 10/25/2011 NAUMAN, MICHAEL 760.00 EP - 00002130 10/25/2011 NEE, RON 2,519.77 EP - 00002131 10/25/2011 NELSON, MARY JANE 174.30 EP - 00002132 10/25/2011 PLOUNG, MICHAEL J 760.00 EP - 00002133 10/25/2011 POST, MICHAEL R 1,548.12 EP - 00002134 10/25/2011 SALISBURY, THOMAS 760.00 EP - 00002135 10/25/2011 SMITH, RONALD 760.00 EP - 00002136 10/25/2011 SPAGNOLO, SAM 456.60 EP - 00002137 10/25/2011 SPAIN, WILLIAM 608.30 EP - 00002138 10/25/2011 SULLIVAN~, JAMES 847.90 EP - 00002139 10/25/2011 TAYLOR, STEVE 1,184.02 EP - 00002140 10/25/2011 TULEY, TERRY 1,466.48 EP - 00002141 10/25/2011 VANDERKALLEN, FRANCIS 1,530.36 EP - 00002142 10/25/2011 WOLFS, DUANE 1,913.36 EP - 00002143 10/25/2011 YOWELL, TIMOTHY A 2,519.77 Total for Check ID EP: 53,807.19 Total for Entity: 152,076.23 P7 User: VLOPEZ -Veronica Lopez Page: 4 Report:CK_AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Current Date: 10/26/201 Time: 16:01:3 STAFF REPORT RANCHO CUC~IMONG.-1 FIRE PROTECTION DISTRICT Date:. November 2, 2011 To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II RANCHO C,,UCAMONGA Subject: ADOPTION OF A RESOLUTION DECLARING RESULTS OF A SPECIAL ELECTION ' IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-11-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY. FACILITIES DISTRICT NO. 88-1 (TIMOTHY A. WYANT, TRUSTEE, OWNER -APN: 0201-043-22) RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 88-1, Annexation No. 88-11-3 and ordering the annexation of property located at 10039 Santina. (the "Annexation Territory") to Community Facilities District No. 88-1. BACKGROUND On August 17, 2011, the Board declared its intention to annex APN: 0201-043-22 into CFD No'. 88-1. On October 5, 2011, a public hearing was held regarding the annexation and following such public hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled for October 12, 2011. On October 12, 2011, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 88-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. RespectfullX submitted, ike Bell Fire Chief P8 Attachment 1. Resolution 2. CFD 88-1 Map P9 RESOLUTION NO. FD 11- v~~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-11-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3:5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-11-3 ("Annexation Territory"), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. Resolution No. 11- -Page 1 of 3 P10 SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this AYES: NOES: ABSENT: ABSTAINED: day of , 2011. L. Dennis Michael, President ATTEST:. Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby'certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2011. Executed this _ day of 2011, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. 11- -Page 2 of 3 P11 f .... CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COL.INTY OF SAN BERNARDINO )SS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ) 'T:HE UNDERSIGNED, AS ELECTION OFFICIAL OF T.H)/ RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COLINTY OF SAN BF,RNARDTNO, STATE OF CALIFORNIA, DO HEREBY CERTIFY that pursuant to the provisions of Sectiori 53326 of the Government Code and the Elections Code of the State of California, I did canvass the returns of the votes cast at the: RANCI30 CIJCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 ANNEXATION NO. 88-11-3 SPECIAL ELECTION In said Fire Protection District held on October 12, 201 1. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District, and the whole nuanber o1'votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. TOTAL NUMBER OF VOTES FOR FOR AND AGAINST PROPOSITION A AGAINST WITNESS my hand and official Seal this i~ day of Dr-, 2011. -~_ ~M Ele tion Official Ran.c o Cucamonga Fire .Protection. District State of California °qag~~34~~3i~ ~~.$3§9as °Am a;;:•g m~=. 8~g~~c 3~~R;~3"~~~5 8a ~_q ~$~ak~xa3 P .moans": ~~=sa TI y'Q~~~za acs y o ~~agg~`a~:"- 00 O ~ a 8 ~3"~ma ~ 'omxsGm~$~°3 3 ~ - ~~s=~a~~~d GroveAv ~ ~._ _.._. . ~os=~~~~~~~& 4~ i6.0•'Ei~'T I d~~~~Sa5~a3 . a m3`~~'i; gn'~~3a~aga ,< _ om Vineyard Av ! rn ~ - ~ ~ ~ ~ ~~,• Hellman Av ~~..%` - -- r° I Archibald Av i Hermosa Av ~ i Haven Av Milliken Av Rochester Av Etiwanda Av ~.._.._.._ ~ East Av 0 0 ~~ m~ d v N fD r 7 m W v m r 5' c~ Q Cherry Av - CO W `G N .-. ~_ Q .._.. 1 Carnelian St ~ Hellman Av ~ ! ~_ ~ w 1 Archibald Av ~ ~ ! H rr~ Av ^ ! ~ Haven Av ~._.._.._.._.._f Milliken Av Rnr•hcc4cr Dv O ~ !'~` 00 'p ~ 00 W ~ ~ N ;, ~ N W ~1 STAFF REPORT - RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: November 2, 2011 CjUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBERS 0227-131-03, 08 8 82 (LEWIS OPERATING CORP.), LOCATED ON NORTH SIDE OF BASE LINE RD. BETWEEN ETIWANDA AVE. AND EAST AVE., WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 11-5 showing property (located on the north side of Base Line Rd. between Etiwanda Ave. and East Ave.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Lewis Operating Corp., developer of certain property (APNs 0227-131-03, 08 & 62) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the applicant and owner. Respectful) submitted, Mike Bell Fire Chief P13 Attachments 1. Annexation Map 2. Resolution Q ~M W W, P1 6 C= ~o~°. S~eS °E SS ` S Ee x twos o110N `z~ se C~ b i ~ E= ~ € ~ ~ y o ~ ,, . ' fr ~ 8 ~ ~ o n fiv3u Ygfi~ ° 'fi^ r ° ~'nvr uv3 E ~€ 0 I a 6 p.5 6 8fi ~ se~;< fi f ==-= t ° .~~~~ ~ E ~a k . ~ F Ps ~ ~ ~ F ~ Z as ~ 'Em$.~Efi~s.ca ~ ~ fiE ~ Z Po ~° ° ~ a'co..i~~~~° ~ ' ~ } 05 y & U 65 ; ~- ~ps .E E ~ ~ o~I EE.Fn E° a ° ti~e ~ ~ § K 0 <°O k ~ $ Y ~X ~°~~ : 1o d ~ ~ ~-0 3.o 5°a . ~ ° a ~ ~ _6 ~ oe 1Wi\Y YW YIY3 fi '5 3 0~ Z ~ $~c yep 456 ~ ~ Z ~ eoo 5 ;g< k . d`6 ~E~ 5E - ~ ~ >aE Bri ~ ° 5~ 0 - 6Y~~ Y €E _ osfi R aid S ~ 0_uT° ~ ~ 06 aao~ ¢:; e~s ~3 i c Sd ° .€ S~J~~ o$ b ~ F- a55 bo .:5• Q 6 ok g~v__ :yam 6 0 .:be ~ E ~5 ee `G'k U zoo ¢Eo "sH ~ _ S3 fog .a isn ~ E3~oc o<"~~ m Q ~ Z 1- I..L N O ~ ~ I ~ ~ Z J Q ~' ~ ~ U W LL 30N 34tl 1 5tl3 J z o ,- I _ o ~ I U ~ '~-- - a Q ..~~~.:r; t~ o v' N ~`a , ~~ W ~ Z ~ . ~ ~ o ho ~ ~ ~ ~%~ ~ ~ /~ I..L w ~ Q I N ~ N p > Q U s / ~ S lL c G J O Q - j, Z a O bo Cdr ~~ Z a Qw ~ ~ U z I Q Z O N 2 Z ~ Q o ~ Z ~ ~ H Q w Z F- p ~ I B 90881 Wll L~ U s O I an _ xen d s I s ~W I ~ Sen$C z~ ' ~ m n m N c - ~p e;,g ~~"ky~~~S ~ - ~ g ~ I o o~ °gg z _ ~ ^ ^ ~ t ~K ~ ~~ ~ I dN NN b a~ 9 ^ 44§§ _44 ^]^]N ~f ~~ ~C ~~ N o ao oo k b3b3 b B 6 I ^ ~ w ~J \~ 3f1N3~tl tlONtlMLL3 w T/i P15 RESOLUTION NO. FD 11- ~oZ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 11-5) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors'), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 11-5 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P16 PASSED, APPROVED and ADOPTED this day of , 2011. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2011. Executed this _ day of 2011 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 11- -Page 2 of 2 STAFF REPORT- RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: November 2, 2011 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVALTOADOPTARESOLUTIONOFINTENTIONTOANNEXTERRfrORYREFERREDTO AS ANNEXATION N0.11~ (APNs:022I-131-03, 08 862 (LEWIS OPERATING CORP.) INTO COMMUNffY FACILfT1ES DISTTiICT N0.8S1, SPECIFIING SERVICES PROPOSEDTO BE FlNANCED, TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED VJIT}tIN THE ANNEXATION TERRf'rORYAND SET ATIME AND PLACE FORA PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 11-5 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Lewis Operating Corp., developer of certain property (APN 0227-131-03, 08 8 62) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed. and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for December 21, 2011 and (f) election requirements. P77 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be P18 RESOLUTION OF INTENTION TO ANNEX NOVEMBER 2.2011 routine and non-controversial, as the property owners are in support of the annexation procedure. On December 21, 2011, there will be a public hearing for public input/concerns on this matter. Respecttull submitted, Mike Bell (%y'% `- Fire Chief Attachments 1. Resolution 2. CFD 85-1 Map P19 RESOLUTION NO. FD 11- ~ pZ vZ. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11-5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 11-5 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P20 A description of the Territory is as follows All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the "Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District afid the Territory. Resolution No. 11- -Page 2 of 9 P21 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are othervvise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized 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; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 11- -Page 3 of 9 P22 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 21st DAY OF DECEMBER 2011, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or (d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 11- -Page 4 of 9 P23 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 11- -Page 5 of 9 P24 PASSED, APPROVED and ADOPTED this day of , 2011. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2011. Executed this day of 2011, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 11- -Page 6 of 9 P25 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the "Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities') that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 11- -Page 7 of 9 P26 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 11-5 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 11-5 for Fiscal Year 2011-2012 shall be: Structures Residential 1 DU _ ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71)+{.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71)+{.25 (TU-30) ($151.71)} 81 - up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)} Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU =Dwelling Unit TU =Total Units SF =Square Foot Maximum Annual Special Tax ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2011 and each July 15~ thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 11- -Page 8 of 9 P27 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 11- -Page 9 of 9 T W D °o v 00 O ~ O Cfl ~ ~ - r ~ ~ ~ W ~ ~ Grove Av~..~T~ a j,, a~=oa a3ad' "_3E«"-=ffi~q saw' Vineyard Av rn ~ ~~ Hellman Av ~ '~ _ ~ I Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av n ~z s = 7s ~ = n y N N ~ p_ ~ (D ~ .(l .._.._~ s_.~ '_.._..~ i i Carnelian St i i Hellman Av i Archibald Av i Hermosa Av Haven Av ._.._.._.._r Milliken Av Rochester Av Da Creek BI ~ n ~ O i Etiwanda Av Etiwanda Avi = 9 ~ n ~ ~ East Av ~ ~ ~ D ° ~ ~ y o ~ ~ ~ ~ ~ W v ~ ~ ~ o n ly W ~ ~ ~ ~ ~ ~ =, ~ o f D ! V ~ ~D . o ~ Cherry Av ~ ~ ~ 0 ~ ~ ~ ~ = ~ W ~ V/ 0o cn ' r ~ ~ ~ ~ ~. - _ _. ,~ cn 0 ~ O ~ ~ ~. -~ Q~ ~ OO ~ . ~ ~i ~ G1 ~ fD ~ ~V V1 ~1 CITY OF RANCHO CUCAMONGA ~ P29 Aeenda Check Resister 10/]2/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315661 IO/12/2011 A AND R TIRE SERVICE 1,071.48 AP - 00315661 10/12/2011 A AND R TIRE SERVICE 19.97 AP-00315661 10/12/2011 AAND RTIRE SERVICE 39.93 AP-00315661 10/12/2011 AAND RTIRE SERVICE 335.09 AP-00315661 10/12/2011 ~A AND RTIRE SERVICE 19.97 AP-00315661 10/12/2011 AAND RTIRE SERVICE 564.66 AP - 00315661 10/12/2011 A AND R TIRE SERVICE 42.00 AP - 00315661 10/12/201 l A AND R TIRE SERVICE 594.38 AP - 00315661 10/12/2011 A AND R TIRE SERVICE 81.93 AP-00315661 10/12/2011 AANDRTTRE SERVICE 603.12 AP - 00315661 10/12/2011 A AND R TIRE SERVICE 324.33 AP - 00315661 l0/12/2011 A AND R TIRE SERVICE -93.65 AP - 00315661 IO/12/2011 A AND R TIRE SERVICE 148.58 AP - 00315661 10/12/2011 A AND R TIRE SEAV ICE 528.26 AP - 00315662 ]0/12/2011 AA EQUIPMENT RENTALS CO INC 620.58 AP-00315663 ]0/12/2011 ACADEMY OF MUSIC 725.90 AP-00315664 10/12/2011 ACADEMY OF MUSIC 184.80 AP - 00315664 10/12/2011 ACADEMY OF MUSIC 123.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP-00315667 10/12/2011 ADOBEANIMALHOSPITAL 25.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP - 00315667 10/12/201 I ADOBE ANIMAL HOSPITAL 25.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/201 I ADOBE AMMAL HOSPITAL 50.00 AP - 00315667 10/12/201 ] ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP-00315667 !0/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE AMMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE AMMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/201 l ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP-00315667 ]0/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL ~ 25.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/2011 ADOBE AMMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/2011 ADOBE AMMAL HOSPITAL 50.00 AP-00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/201 l ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/201 I ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/201 l ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/201 I ADOBE ANIMAL HOSPITAL 50.00 AP - 00315667 10/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP-00315667 ]0/12/2011 ADOBE ANIMAL HOSPITAL 25.00 AP - 00315669 ]0/12/2011 ALLEGIAM BUSINESS FINANCE 643.68 AP - 00315669 10/12/2011 ALLEGIANT BUSINESS FINANCE 160.92 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 10/26/201 Report: CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P30 Agenda Check Resister 10/12/2011 through 10/25/2011 Check Na. Check Date Vendor Name Amount AP-00315670 10/12/2011 ALLEN,JOSH 31.50 AP-00315672 10/12/2011 AMTECH ELEVATOR SERVICES 250.37 AP-00315672 10/12/2011 AMTECH ELEVATOR SERVICES 270.46 AP - 00315672 ]0/12/2011 AMTECH ELEVATOR SERVICES 220.24 AP - 00315673 ]0/12/2011 ARAMARK UMFORM SERVICES 3.35 AP - 0031667A 10/12/2011 ASCECONTINIJING EDUCATION/MEMBERSHIP ~ 255.00 AP - 00315675 10/12/2011 ASHLING ALFONSO 735.00 AP - 00315676 10/12/2011 AUFBAU CORPORATION 2,580.00 AP-00315677 10/12/2011 AUSTIN POWER PONG 2,590.00 AP-00315677 10/12/2011 AUSTIN POWER PONG 1,295.00 AP - 00315678 10/12/2011 BALDY FIRE AND SAFETY 3,944.51 AP - 00315678 10/12/2011 BALDY FIRE AND SAFETY 136.00 AP - 00315679 10/12/2011 BARNEB AND NOBLE 628.83 AP - 00315679 10/12/2011 BARNES AND NOBLE 114.27 AP - 00315681 10/12/201 I BECK, STONEY 102.00 AP-00315683 10/12/2011 BHATT, VIREN 10.00 AP-00315684 10/12/2011 BLACKBAUD 1,227.80 AP-00315685 l0/12/2011 BOLTON, HEATHER 134.87 AP-00315685 !0/12/2011 BOLTON, HEATHER 23.84 AP-00315686 l0/12/2011 BRUNSWICK DEER CREEK LANES 154.00 AP - 00315689 10/12/2011 BUTSKO UTILITY DESIGN INC. 8,338.00 AP-00315690 10/12/2011 CABANA, DEBBIE 49.22 AP-00315691 10/12/2011 CAL PERS LONG TERM CARE 69L60 AP - 00315692 ]0/12/2011 CALIFORNIA BUILDING STANDARDS COMMIS'. 884.70 AP - 00315693 10/12/201 I CALIFORNIA ELECTRONIC ENTRY 383.18 AP - 00315694 10/12/2011 CAMERON WELDING SUPPLY 47.91 AP - 00315697 10/12/2011 CARTY, DIANE 635.40 AP - 00315698 10/12/2011 CASTILLQ FRANK 783.00 AP - 00315699 10/12/2011 CDW-G 206.76 AP-00315699 10/12/2011 CDW-G 206.76 AP - 00315700 10/12/2011 CENTER ICE ARENA 490.00 AP-00315701 10/12/2011 CENTEX HOMES 21,880.02 AP - 00315702 10/12/2011 CERTIFION CORPORATION DBA/ENTERSECT 26.85 AP - 00315703 10/12/2011 CHAMPION AWARDS AND SPECIALTIES 30.17 AP-00315704 10/12/2011 CHARTER COMMUNiCAT[ONS 109.99 AP-00315705 10/12/2011 CLARK, KAREN 777.60 AP - 003/5706 10/122011 CLARKS PLUMBING SPECIALTIES INC. 227.36 AP - 00315706 ]0/12/2011 CLARKS PLUMBIlVG SPECIALTIES INC. 36.59 AP-00315707 10/12/2011 COMBINED MARTIAL. SCIENCE INC 4,370.10 AP-00315709 ]0/12/2011 CONCEPT POWDER COATING 200.00 AP-00315711 ]0/12/2011 CONSOLIDATED ELECTRICAL DISTRIBUTORS] 122.84 AP - 00315712 ]0/12/2011 COP TOWN UNIFORMS INC. 468.66 AP - 00315713 10/12/2011 CORE REALTH TECHNOLOGIES INC. 2,500.00 AP - 00315714 10/12/2011 CQUENCE lIU JITSU LLC 77.00 AP - 00315715 10/12/201 l CRAIGMYL, JOANN 119.50 AP - 00315716 10/12/2011 DAGHDEVIRIAN, KATHY 552.00 AP - 00315717 10/12/2011 DAKOTA BACKFLOW CO. 200.00 AP-00315718 10/12/2011 DANCE TERRIFIC 1,624.65 AP-00315718 10/122011 DANCE TERRIFIC - 221.70 AP - 00315719 10/12/2011 DELTA CARE USA 1,660.42 AP - 00315721 10/12/2011 DEPARTMENT OF MOTOR VEHICLES 64.00 AP - 00315722 ]0/12/201 l DEPARTMENT OF MOTOR VEHICLES 64.00 AP - 00315723 10/12201 t DEPARTMENT OF MOTOR VEHICLES 64.00 AP-00315724 10/12/2011 DEPARTMENT OF MOTOR VEHICLES 64.00 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 10/26/201 Report CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P31 Agenda Check Resister 10/12/2011 dvough 10/25/2011 Check No. Check Date Vendor Name Amount AP-00315725 10/12/2011 DIAMOND ENVIRONMENTAL SERVICES 212.37 AP - 00315726 ]0/12/2011 DIAZ, MAYRA 24.00 AP - 00315727 10/12/2011 DOCARMQ, MARIA 60.00 AP - 00315728 10/12/2011 DOGS ETC. 37.50 AP-00315729 10/12/2011 DOWD, MICHELLE 216.00 AP - 00315730 10/12/2011 DRACHAND, DI ANNE 540.00 AP - 00315731 10/12/2011 DUFFY, RICK 1,25825 AP-00315732 10/12/2011 DUNK EDWARDS CORPORATION 243.28 AP-003!5732 10/12/2011 DUNK EDWARDS CORPORATION 308.27 AP - 00315733 l0/l2/201 I DUNK, ANNE MARIE 1,347.60 AP - 00315733 10/12/2011 DUNK, ANNE MARIE 218.40 AP-00315734 10/12/2011 ELBENDARY-AZZAWI, HANAN 75.00 AP-00315735 10/!2/2011 ESCOBEDO, EVANGELiNA 10.00 AP-00315736 10/12/2011 ESKENAZI, MOISES 50.00 AP-00315738 10/12/2011 FEDERAL EXPRESS CORP 37.64 AP - 00315739 10/12/2011 FELICIANO, ANTHONY 420.00 AP - 00315740 10/12/2011 FIELDSTONE COMMUNITIES INC 2,500.00 AP - 00315742 10/12/20! 1 FORD OF UPLAND INC 765.22 AP - 00315742 10/12/2011 FORD OF UPLAND INC 273.15 AP - 00315744 10/12/2011 GAIL MATERIALS ~ 355.09 AP - 00315746 10/12/2011 GIORDANO, MARIANNA 165.00 AP-00315748 10/12/2011 GRARQGER 10.02 AP-00315748 10/12/2011 GRAINGER 133.05 AP-00315748 10/12/2011 GRAINGER 51.72 AP-00315748 l0/12/2011 GRAINGER 90.40 AP - 00315748 10/12/2011 GRAINGER 173.83 AP - 00315748 10/12/2011 GRAINGER 2228 AP-00315748 10/12/2011 GRAINGER 659.16 AP-00315748 ]0/12/2011 GRAINGER 810.77 AP-00315748 ]0/12/2011 GRAINGER 1,000.00 AP - 00315748 10/12/2011 GRAINGER 1,000.00 AP - 00315748 10/12/2011 GRAINGER 218.67 AP - 00315748 10/12/2011 GRAINGER 29.34 AP - 00315748 10/12/2011 GRABQGER 847.07 AP - 00315748 10/12/2011 GRAINGER ~ 522.70 AP-00315748 10/12/2011 GRABQGER 17.80 AP-OOJ 15748 10/12/2011 GRAINGER 56.92 AP-003!5748 10/12/2011 GRAINGER 2931 AP-00315748 10/128011 GRAINGER 252.68 AP-00315748 IO/12/2011 GRAINGER 197 AP-00315749 10/12/2011 HANSLIK, LESLIE I. 658.12 AP - 00315750 ]0/12/2011 HANSON, SUZANNE ~ 337.50 AP - 00315751 10/12/2011 HARRISON, ROMAR 10.00 AP-00315752 10/12/2011 HEARTSAVERS LLC ~ 20.00 AP - 00315753 10/12/2011 HEILIG, KELLY _ 1,098.00 AP - 00315755 10/12/2011 HERNANDEZ, MARIA 16.00 AP-00315757 10/12/2011 HOME DEPOT CREDIT SERVICES 184.94 AP - 00315757 10/12/201 I HOME DEPOT CREDIT SERVICES 137.23 AP-00315759 10/128011 HSq STEVE 1,296.00 AP-00315760 10/12/2011 HUTCHE4SON, LISA 614.40 AP - 00315761 10/128011 IMPERIAL SPRINKLER SUPPLY INC 1,740.23 AP - 00315761 10/12/2011 IMPERIAL SPRINKLER SUPPLY INC 505.82 AP - 00315764 ]0/12/2011 INDEPENDENT BTATIONERS 57.28 AP - 00315764 10/12/20! 1 INDEPENDENT STATIONERS 875.44 User: VLOPEZ - Veronica Lopez Page: 3 Current Date: 10/26/201 Report CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/12/2011 through 10/25/20!1 Check No. Check Date Vendor Name Amount AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 1,154.70 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 289.48 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 864.43 AP-00315764 ]0/12/2011 INDEPENDEM STATIONERS 147.00 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 18.40 AP - 00315764 10112/2011 INDEPENDENT STATIONERS 123.80 AP-00315764 ]0/12/2011 NDEPENDEM STATIONERS 147.12' AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 70.80 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 13.60 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS ~ -56.14 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 606.27 AP - 00715764 10/12/2011 INDEPENDENT STATIONERS 24.86 AP - 003/5764 IO/12/2011 INDEPENDEM STATIONERS 163.27 AP-00315764 !0/12/2011 iNDEPENDEM STATIONERS - 19.57 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 9.81 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 27.05 AP-00315764 ]0/12/2011 INDEPENDEM STATIONERS 113.61 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 26.51 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 115.57 AP-00315764 10/12/2011 MDEPENDEM STATIONERS 9.86 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 46.94 AP-00315764 ]0/12/2011 INDEPENDENT STATIONERS 23.55 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 26.16 AP - 00315764 10/12/2011 [NDEPENDEM STATIONERS 141.79 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 4137 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 8.82 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 123.74 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 7.72 AP - 00315764 l0/12/2011 INDEPENDENT STATIONERS 257.46 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 132.17 AP - 003/5764 10/12/2011 INDEPENDEM STATIONERS l 19.27 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 1,136.52 AP-00315764 10/12/2011 INDEPENDEM STATIONERS ~ -91.71 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 2,486.47 AP - 00315764 ]0/12/2011 [NDEPENDEM STATIONERS 40.55 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 545.32 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 110.05 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 1.35 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 26.85 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 41.57 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 302.42 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 296.99 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 376.24 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 37.62 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS -117.40 AP-00315764 ]0/12/2011 INDEPENDENT STATIONERS 9.23 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 117.40 AP - 00315764 ]0/12/2011 IDiDEPENDEM STATIONERS 33.44 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 198.30 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 77.16 AP - 00315764 10/12/201 l INDEPENDEM STATIONERS 33.57 AP - 003! 5764 10/12/2011 INDEPENDEM STATIONERS fi0.51 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 42.89 AP - 00315764 10/12/201 l INDEPENDEM STATIONERS 1,558.50 P32 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 10/26/201 Repor[:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Dale Vendor Name Amount AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 293.08 AP - 00315764 10/12/20! 1 INDEPENDEM STATIONERS 267.68 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 66.20 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 70.32 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 5 L76 AP - 00315764 10/12/2011 D7DEPENDEM STATIONERS 147.18 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 143.18 AP - 00715764 10/12/201 l INDEPENDENT STATIONERS 274.61 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 177.36 AP - 00315764 10/12/201 l INDEPENDEM STATIONERS 36.15 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 28.56 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 258.52 AP-00315764 ]0/12/2011 INDEPENDEM STATIONERS 286.49 AP-00315764 ]0/12/2011 INDEPENDENT STATIONERS 1,071.71 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 293.08 AP - 00315764 10/12/2011 D7DEPENDEM STATIONERS 22.55 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 44.94 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 3.18 AP - 003! 5764 10/12/2011 INDEPENDEM STATIONERS 35.44 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 14.28 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 1.03 AP - 00315764 l0/12/2011 INDEPENDENT STATIONERS 11.5J AP - 00315764 10/12/201 I INDEPENDENT STATIONERS 4.64 AP - 00315764 l0/12/2011 INDEPENDENT STATIONERS 67.99 AP-00315764 ]0/12/2011 INDEPENDEM STATIONERS 253.37 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 40.61 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 246.06 AP - 00315764 10/12/2011 [NDEPENDEM STATIONERS 293.07 AP - 00315764 10/12/20] 1 INDEPENDEM STATIONERS 30.55 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS -0329 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 336.36 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 135.17 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 43.75 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS - 53.00 AP - 00315764 l0/12/2011 INDEPENDENT STATIONERS 41.09 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 45.89 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 7.41 AP - 00315764 10/12/2011 [NDEPENDEM STATIONERS 23.72 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 27.75 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 87.72 AP - 00315764 10/12/2071 INDEPENDEM STATIONERS 389.40 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS L35 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 144.74 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 49.14 AP - 00315764 10/12/201 l INDEPENDENT STATIONERS 144.74 AP - 00315764 10/12/2011 INDEPENDEM STATIONERS 5.83 AP - 00315764 10/12/2011 INDEPENDENT STATIONERS 49.14 AP - 00315766 10/12/2011 INLAND PRESORT & MAILING SERVICES 44.97 AP - 00315767 10/12/2011 INLAND TOP SOIL MIXES 452.55 AP - 00315767 10/12/2011 INLAND TOP SOIL MIXES 913.50 AP - 00315767 10/12/2011 INLAND TOP SOIL MIXES 913.50 AP - 00315767 10/12/2011 INLAND TOP SOIL MIXES 905.10 AP-00315768 ]0/12/2011 INLAND VALLEY DANCE ACADEMY 2,111.40 AP - 00315769 10/12/201 I INSIGHT PUBLIC SECTOR 1,262.02 P33 User: VLOPEZ -Veronica Lopez Page: 5 Curren[ Date: 10/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P34 Aeenda Check Resister 10/12/2011 Ilvough 10/25/2011 Check No. Check Date Vendor Neme Amount AP - 00315770 10/12/201 l IMEGRITY DOOR & HARDWARE INC 295.54 AP - 00315771 10/12/2011 IVAMS 925.00 AP - 00315772 10/12/201 I JACKSON, DANESSA 500.00 AP - 00315773 10/12/201 I 1DC MC 8,225.00 AP - 00315774 10/12/2011 JE COMPLIANCE SERVICES INC 831.25 AP - 00315775 l0/12/201( JM JUSTUS FENCE CO !,603.70 AP-003!5776 l0/12/2011 JOHN THE PLUMBER 3,500.00 AP - 003/5777 10/12/2011 JOHNSON, JENNY 37.50 AP - 00315778 10/12/2011 K HOVNANIAN COMPANIES 19.42 AP-00715779 l0/12Y2011 KK WOODWORKING 63.57 AP-00315779 l0/12/2011 KK WOODWORKING 63.57 AP-00715780 IO/12/2011 KALLAS, STEPHANIE 30.00 AP - 00315781 10/12/2011 KANE, IGHN 81.00 AP - 00315782 10/12/2011 KC RAPID INC 260.00 AP-00315783 10/12/2011 KIDSAAT ~ 416.50 AP-00315785 10/12/2011 KNOTTS BERRY FARM 1,656.00 AP - 00315786 10/12/2011 KONE INC 539.06 AP - 00315787 ]0/!2/2011 LANGARICA CONSTRUCTION 8,760.00 AP - 00315789 ]0/12/2011 LAURIN, DUSTY 2,300.00 AP - 00315790 ]0/12/2011 LDC TRAINING 411.60 AP - 00315792 10/12/2011 LIM, HEATHER 165.00 AP - 00315793 10/12/2011 LITTLE BEAR PRODUCTIONS 300.00 AP - 00315793 10/12/2011 LITTLE BEAR PRODUCTIONS 65.00 AP - 00315794 ]0/12/2011 LIVE OAK DOG OBEDIENCE 356.40 AP - 00315795 10/12/2011 LOS ANGELES FREIGHTLINER 633.40 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 48.24 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 126.15 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 110.82 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 19.16 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 40.52 AP-00315798 10/12/2011 LOWES COMPANIES INC. 22.23 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 52.29 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 27.53 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 5.98 AP-00315798 10/12/2011 LOWES COMPANIES INC. 306.47 AP-00315798 10/12Y1011 LOWES COMPANIES INC. 17.30 AP-003(5798 10/12/2011 LOWES COMPANIES INC. 510.79 AP-00315798 10/12/2011 LOWES COMPANIES INC. 20.93 AP-00315798 10/12/2011 LOWES COMPANIES INC. 9.68 AP-00315798 IO/12/2011 LOWES COMPANIES INC. 4.48 AP-00315798 10/12/2011 LOWES COMPANIES INC. 29.01 AP-00315798 10/!2/2011 LOWES COMPANIES INC. 136.99 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 134.97 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 87.35 AP-00315798 ]0/12/2011 LOWES COMPANIES INC. 62.45 AP-00315798 10/12/2011 LOWES COMPANIES INC. 3L25 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 99.74 AP-00315798 10/12/2011 LOWES COMPANIES ING 49.14 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 37.59 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 17.33 AP-00315798 10/12/2011 LOWES COMPANIES INC. 761.05 AP-00315798 10/12/2011 LOWES COMPANIES INC. 157.97 AP-00315798 10/12/2011 LOWES COMPANIES INC. 98.97 AP-00315798 10/12/20!1 LOWES COMPANIES MC. 59.86 User: VLOPEZ -Veron ica Lopez Page: 6 Current Date: 10/26/201 Report:CK_AGENDA_R EG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P35 Aeenda Check Resister 10/12/201 I through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315798 10/12/2011 LOWES COMPAMES INC. 56.50 AP - 00315798 10/12/2011 LOWES COMPAMEB INC. 9.15 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 82.43 AP-00315798 10/12/2011 LOWES COMPANIEB INC. 109.97 AP-00315798 10/12/2011 LOWES COMPAMES INC. 14.29 AP-00315798 ]0/!2/2011 LOWES COMPAMES INC. 9.19 AP-00315798 10/12/2011 LOWES COMPANIES INC. 81.27 AP-00315798 10/12/2011 LOWES COMPANIES INC. 21.53 AP-00315798 10/12/2011 LOWES COMPANIES INC. 1728 AP-00315798 10/12/20(1 LOWES COMPANIES INC. 10.28 AP-00315798 10/12/20(1 LOWES COMPANIES INC. 429 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 3.57 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 64.65 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 23.50 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 108.89 AP - OD315798 10/12/2011 LOWES COMPANES INC. 53.19 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 23.14 AP-00715798 10/12/2011 LOWES COMPANIES INC. 6.87 AP-00315798 10/12/2011 LOWES COMPANIES INC. 1427 AP-00315798 10/12/2011 LOWES COMPAMES INC. 24.87 AP-00315798 ]0/12/201] LOWES COMPANIES INC. 167.79 AP-00315798 10/!2/2011 LOWES COMPANIES INC. 151.45 AP-00315798 10/12/2011 LOWES COMPAMES INC. 20.43 AP-00315798 10112/20/1 LOWES COMPAMES INC. 9.73 AP-00315798 10/12/2011 LOWES COMPAMES INC. 44.96 AP-00315798 10/12/2011 LOWES COMPAMES INC. 3228 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 9.87 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 24.04 AP - 00315798 10/12/2011 LOWES COMPANIES MC. 23.19 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 19.01 AP-00315798 10/12/2011 LOWES COMPANIES INC. 79.95 AP-00315798 !0/12/2011 LOWES COMPANIES INC. 22.46 - AP-00315798 10/12/2011 LOWES COMPANIES INC. 9020 AP-00315798 ]0/12/2011 LOWES COMPAMES INC. 61.39 AP - 00315798 10/12/2011 LOWES COMPANIES INC. ~ 73.57 AP-00315798 ]0/12/2011 LOWER COMPAMEB INC. 151.42 AP-00315798 ]0/12/2011 LOWES COMPAMES INC. 62.97. AP - 00315798 10/12/2011 LOWES COMPANIES INC. 13.05 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 56.76 AP-00315798 10/12/2011 LOWES COMPAMES ING 272.28 AP-00315798 10/12/2011 LOWES COMPANIES INC. 8.61 AP-00315798 10/12/2011 LOWES COMPANIES INC. 509.27 AP-00315798 10/12/2011 LOWER COMPANIES INC. 67.88 AP-00315798 10/12/201( LOWES COMPANIES INC. 39.70 AP-00315798 10/12/2011 LOWES COMPANIES INC. 45.26 AP - 00315798 10/12/2011 LOWES COMPANIES INC. 42.31 AP-00315798 ]0/12/2011 LOWES COMPAMES INC. 30.55 AP - 00315798 10/12/2011 LOWES COMPAMES INC. 161.73 AP-00315798 10/12Y1011 LOWES COMPANIES INC. 68.69 AP-00315798 10/12/2011 LOWES COMPANIES INC. 55.08 AP-00315798 10/12/2011 LOWES COMPANIES INC. 9.60 AP-00315798 10/12/2011 LOWES COMPANIES INC. 195.81 AP-00315798 10/12/2011 LOWER COMPANIES INC. 81.98 AP - 00315799 10/12/2011 M R BR ACEY CONSTRUCTION CO INC 16,399.00 User: VLOPEZ -Veronica Lopez Page: 7 Curren[ Date: 10/26/201 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P36 Aeenda Check Resister 10/12/2011 through 10/25/2011 Check Na. Check Dale Vendor Name Amount AP - 00315800 l0/12/2011 MADGAR, TONY 25.00 AP-00315801 10/12/2011 MAINTENANCE SUPERINTENDENTS ASSOC 60.00 AP-00315801 ]0/12/2011 MAINTENANCE SUPERINTENDENTS ASSOC 45.00 AP-00315801 10/12/2011 MAINTENANCE SUPERINTENDENTS ASSOC 45.00 AP - 00315801 10/12/2011 MAINTENANCE SUPERINTENDENTS ASSOC 45.00 AP - 00315801 10/12/2011 MAINTENANCE SUPERINTENDENTS ASSOC 45.00 ' AP - 00315802 10/12/2011 MANELA, ROSIE 7328 AP - 00315803 10/12/2011 MANERI SIGN COMPANY INC 6,746.03 AP - 00315804 10/12/2011 MARIPOSA HORTICULTURAL ENT INC 1,581.6! AP-00315805 10/12/2011 MARSHALL,SYLVIA 1,268.40 AP - 00315806 10/12/2011 MARTINEZ, CHRISTINA 43.00 AP-00715807 10/12/2011 MARTINEZ, JUDY 213.00 AP-003!5808 10/12/2011 MAXWELL, ANTHONY 8L00 AP - 00315810 10/12/2011 MCCULLOUGH, JAMES 284.00 AP - 0031581 l 10/12/2011 MCELROY, SAMANTHA 151.20 AP - 00315812 10/12/201 I MCMASTER CARR SUPPLY COMPANY 37.40 AP - 00315814 10/12/2011 MIDWEST TAPE 40.98 AP - 00315814 10/12/2011 MIDWEST TAPE 119.92 AP-00315814 10/12/2011 MIDWEST TAPE ~ 155.09 AP-00315814 10/12/2011 MIDWEST TAPE 47.98 AP-00315814 10/12/2011 MIDWEST TAPE ~ 109.96 AP-00315814 10/12/2011 MIDWEST TAPE 69.98 AP-00315814 10/12/2011 MIDWEST TAPE 47.98 AP-00315814 ~ l0/12/2011 MIDWEST TAPE 233.24 AP-00315814 l0/12/2011 MID WEST TAPE 128.96 AP-00315814 10/12/2011 MIDWEST TAPE 40.98 AP - 00315815 10/12/201 l MIIAC ALARM COMPANY 175.00 AP-00315816 l0/!2/2011 MILANES, YIKCIA 225.00 AP-00315817 10/12/2011 MINUTEMAN PRESS ~ 243.43 AP - 00315818 10/12/2011 MIRACLE RECREATION EQUIPMENT COPANY 30.57 AP - 00315819 10/12/2011 MOE, JOHN 494.10 AP - 00315820 10/12/2011 MORRIS, PAT 532.80 AP - 00315821 10/12/2011 MOUNTAIN VIEW GLASS AND MIRROR INC 727.31 AP-00315822 10/12/2011 MYERCHIN, NICOLE 1,330.50 AP - 00315823 10/12/2011 N-2 FITNESS 1,029.60 AP-00315824 10/12/2011 NANEZ-SALAZAR,OLIVIA 102.00 AP-00315825 10/12/2011 NAPA AUTO PARTS 373.91 AP - 00315825 10/121201 l NAPA AUTO PARTS - 283.01 AP - 00315825 10/12/2011 NAPA AUTO PARTS 1.61 AP-00315825 10/12/2011 NAPA AUTO PARTS 37.85 AP-00315826 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP-00715826 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP-00315626 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP-00315826 10/12/2011 NBS 1,500.00 AP - 00315826 10/12/2011 NBS 1,500.00 AP - 00315826 10/12/2011 NBS 1,500.00 AP - 00315827 10/12/2011 NEW BEGINNING FITNESS, THE 216.00 AP - 00315828 10/12/2011 NEXTEL 972.73 User: VLOPEZ-Veronica Lopez Page: 8 Curren[Date: ]0/26Y201 Report CK_AGENDA_R EG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister IO/l2/2011 through 10/25/2011 Check No. Check Dale Vendor Name Amount AP - 00315829 10/12/201 l NICHOLS, GARY 420.00 AP - 00315830 10/12/201 l OCCUPATIONAL HEALTH CTRS OF CA 101.26 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 238.35 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 271.73 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 50.00 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 249.00 AP - 00315830 ]0/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 109.49 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 230.58 AP - 00315830 10/12/2011 OCCUPATIONAL HEALTH CTRS OF CA 101.26 AP - 00315831 10/12/2011 OFFICE DEPOT 111.66 AP - 00315831 10/1212011 OFFICE DEPOT 42.93 AP - 00315832 10/12/2011 ONTARIO [CE SKATING CENTER 218.40 AP - 00315833 10/12/2011 OPTIONS FOR YOUTH 750.00 AP - 00315833 10/12/2011 OPTIONS FOR YOUTH 215.00 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 9.57 AP - 003!5874 10/12/2011 ORCHARD SUPPLY HARDWARE 18.30 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 11.45 AP - 00315834 10/12/201 t ORCHARD SUPPLY HARDWARE 49.50 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 48.12 AP - 00315534 10/12/2011 ORCHARD SUPPLY HARDWARE 22.61 AP-00315834 10/12/2011 ORCHARD SUPPLY HARDWARE - 35.61 AP - 00315834 l0/l2/20ll ORCHARD SUPPLY HARDWARE 184.95 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 138.34 AP-00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 12.48 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDW AAE 93.71 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 31.32 AP - 00315834 10/12/201 I ORCHARD SUPPLY HARDWARE 258.12 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 4.08 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 7.95 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 13.55 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 30.13 AP - 00315834 10/12/2011 ORCHARD SUPPLY FARDWARE 146.44 AP - 003 (5834 10/12/2011 ORCHARD SUPPLY HARDWARE 119.18 AP - 00315834 10/12/201 I ORCHARD SUPPLY HARDWARE 16.14 AP - 00315834 10/12/201 l ORCHARD SUPPLY HARD WARE 46.30 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARD WARE 121.39 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 31.47 AP - 00315834 10/12/2011 ORCHARD SUPPLY HARDWARE 17.67 AP - 00315835 10/12/2011 ORK1N PEST CONTROL 1,475.66 AP - 00315836 ]0/12/2011 GRR, PAUL 8.40 AP - 00315837 10/12/2011 PARKER'S PAINTING 14,000.00 AP-00315839 10/12/2011 PARSAC -45.00 AP-00315839 10/12/2011 PARSAC 3,607.00 AP - OD315840 10/12/2011 PEREZ, DOMIMCK 2,000.00 AP - 00315841 10/12/2011 POLEBAUM, KATHERINE 200.00 AP - 00315842 10/12/2011 PRECISION GYMNASTICS 304.50 AP-00315842 10/12/2011 PRECISION GYMNASTICS 529.20 AP-00315842 10/12/2011 PRECISION GYMNASTICS 403.20 AP - 00315842 10/12/2011 PRECISION GYMNASTICS 336.00 AP-00315842 10/12/2011 PRECISION GYMNASTICS 231.00 AP-00315842 10/12/2011 PRECISION GYMNASTICS 609.00 AP-00315842 !0/12/2011 PRECISION GYMNASTICS 323.40 AP - 00315842 10/12/2011 PRECISION GYMNASTICS 182.70 AP - 00315843 10/12/2011 PRO SPRAY EQUIPMENT 3,672.00 P37 User: V LOPEZ -Veronica Lopez Page: 9 Current Date: 10/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Cayout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P38 Agenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315844 10/12/2011 PROMOTIONS TEES &. MORE 894.74 AP - 00315844 10/12/2011 PROMOTIONS TEES .@ MORE 245.18 AP-00315845 10/12/2011 PUNO,GINO 18.00 AP-00315846 10/12/2011 RANDRAUTOMOTIVE 170.94 AP - 00315847 ]0/12/2011 RABUN, DEMTRIA 70.00 AP - 00315849 10/12/2011 RHM LOCK AND KEY SERVICE 30.17 AP - 00315850 10/12/2011 READ THE BOOKS LLC 285.00 AP - 00315850 10/12/2011 READ THE BOOKS LLC 285.00 AP - 00315851 10/12/201 l REAM, GERI 142.00 AP - 003!5852 10/12/2011 R[CHARDS WATSON AND GERSHON 66.40 AP - 003!5852 10/12/2011 RICHARDS WATSON AND GERSHON 33.20 AP - 00315852 10/12/201 l RICHARDS WATSON AND GERSHON 25,436.57 AP-00315853 l0/12/2011 RIGHTWAY 486.20 AP - 00315854 l0/12/2011 ROBLES, RAUL P 75.00 AP-00315855 10/12/2011 RODRIGUEZ, ALICIA 102.00 AP - 00315856 10/12/2011 ROSEBURROUGH TOOLS INC 1,328.56 AP - 00315857 10/12/2011 RUBENS AUTO COLLISION CENTER 70.00 AP - 00315857 10/12/2011 RUBENS AUTO COLLISION CENTER 450.00 AP - 00315857 10/12/2011 RUBENS AUTO COLLISION CENTER 450.00 AP - 00315857 10/12/201 I RUBENS AUTO COLLISION CENTER 450.00 AP - 00315857 10/12/201 l RUBENS AUTO COLLISION CENTER 450.00 AP - 00315857 10/12/2011 RUBENB AUTO COLLISION CENTER 612.00 AP - 00315857 10/12/2011 RUBENS AUTO COLLISION CENTER 450.00 AP - 00315858 10/12/2011 SAN BERNARDINO CTY FIRE PROTECTION DIS' 55,143.75 AP - 00315859 10/!2/2011 SAN BERNARDINO CTY 9,486.00 AP - 00315860 ]0/12/2011 SGHRADER, ALLISON 769.50 AP - 00315860 ]0/12/2011 SCHRADER, ALLISON 240.00 AP - 00315861 10/12/2011 SCOTT, APRH. 81.00 AP-00315862 10/12/2011 SHATOVA, ANNA 91.00 AP - 00315863 10/12/2011 SHRED IT 34.00 AP-00315863 10/12/2011 SHRED IT 17.00 AP-00315863 10/12/2011 SHRED IT 17.00 AP - 00315863 10/12/2011 SHRED 1T 17.00 AP-00315864 10/12/2011 SIGMANET 4,800.00 AP-00315864 l0/12/2011 SIGMANET 5,900.00 AP - 00315865 IO/12/2011. SIGN SHOP, THE 206.88 AP - 003/5865 ]0/12/2011 SIGN SHOP, THE 80.81 AP - 00315866 10/12/2011 SITANILEI, ATA 1,000.00 AP - 00315870 10/12/201 1 SOUTHERN CALIFORNA EDISON 9,015.92 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 54.24 AP - OOJ 15870 10/12/201 l SOUTHERN CALIFORNIA EDISON ~ 184.64 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.85 AP - 00315870 10/12/201 I SOUTHERN CALIFORNIA EDISON 96.08 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.17 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 23.06 AP - 00315870 10/12/2011 SOUTHERN CALIFORNA EDISON 215.71 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 449.15 AP-00J 15870 10/12/2011 SOUTHERN CALIFORNIA EDISON 26.18 AP - 003/5870 10/12/2011 SOUTHERN CALIFORNIA EDiSON 477.38 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 24.16 AP - 00315870 10/12/201 I SOUTHERN CALIFORNIA EDISON 23.06 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 25,235.86 User: VLOPEZ -Veronica Lopez Page: 10 Current Dale: 10/26/201 ReporCCK_AGENDA_R EG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layou[ Time: 15:59:4 CITY OF RANCHO CUCAMONGA P39 Anenda Check Resister 10/12/2011 through 10/25/201! Check NO. Check Date Veador Name Amount AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 67.37 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP - 00315870 10/12/201 l SOUTHERN CALIFORMA EDISON 49.96 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 119.89 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 151.49 AP-003!5870 10/122011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 l0/12/2011 SOUTHERN CALIFORNIA EDISON 55.42 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 39.63 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA ED[SON 64.09 AP - 00315870 10/!2/2011 SOUTHERN CALIFORNIA EDISON 24.03 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 65.88 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 109.25 AP-00315870 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 28.29 AP - 00315870 ]0/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 1D/12/20I1 SOUTHERN GALIFGRMA EDISON 28.91 AP - 00315870 1D/12/2011 SOUTHERN CALIFORNIA EDISON 53.36 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 10/12/201 I SOUTHERN CALIFORNIA EDISON 79.24 AP - 00315870 10/12/201 l SOUTHERN CALIFORNIA EDISON 23.93 AP-00315870 10/122011 SOUTHERN CALIFORNIA EDISON 62.25 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.93 AP - 00315870 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 82.92 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 79.63 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 21.99 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP - 00315870 10/12/20! I SOUTHERN CALIFORNIA EDISON 73.75 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 91.88 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDiSON 24.19 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 133.28 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.66 AP - 003/5870 10/12/2011 SOUTHERN CALIFORNIA EDISON 24.32 AP-00318870 10/12/2011 SOUTHERN CALIFORMA EDiSON 24.53 AP - 00315870 10/12201 I SOUTHERN CALIFORNIA ED150N 66.71 AP - 00315870 l0/12/2011 SOUTHERN CALIFORNIA EDISON 23.46 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP-00315870 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 23.06 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/201 I SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 24.19 AP - 00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 23.06 AP-00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 70.11 AP - 00315870 10/12/201 l SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/201 l SOUTHERN CALIFORNIA EDISON 114.37 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 7L20 AP-00315870 10/122011 SOUTHERN CALIFORMA EDISON 23.46 AP-00315870 10/12/2011 SOUTHERN CALIFORMA EDISON 23.06 User: VLOPEZ -Veronica Lopez Page: I1 Current Dale: 10/26/201 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P40 Aeenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Date Veudor Name Amouut AP - 00315870 ]0/12/2011 SOUTHERN CALIFORMA EDISON 22.87 AP - 00315870 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 22.72 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 22.87 AP - 00315870 10/12/201 I SOUTHERN CALIFORNIA EDISON 86.42 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 7.59 AP - 00315870 10/12/201 l SOUTHERN CALIFORNIA EDISON 237.75 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 19.65 AP-00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 73.75 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 7,027.21 AP-00315870 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 697.70 AP - 00315870 10/12/2011 SOUTHERN CALIFORNIA EDISON 23.27 AP-00315871 10/12/2011 SOUTHERN CALIFORNIA EDISON 32.52 AP-00315871 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 110.34 AP-00315871 ]0/12/2011 SOUTHERN CALIFORMA EDISON 31.50 AP - 00315871 10/12/2011 SOUTHERN CALIFORNIA EDISON 10.11 AP - 00315871 ]0/12/2011 SOUTHERN CALIFORNIA EDISON 233.00 AP - 00315871 10/12/2011 SOUTHERN CALIFORNIA EDISON 439.00 AP - 00315871 10/12/2011 SOUTHERN CALIFORMA EDISON 323.51 AP - 00315872 10/12/2011 SOUTHERN CALIFORNIA EDISON 44,500.09 AP - 00315872 10/12/2011 SOUTHERN CALIFORNIA EDJSON 23,225.11 AP - 00315872 10/12/2011 SOUTHERN CALIFORNIA EDISON 16,635.00 AP - 00315872 10/12/201 l SOUTHERN CALIFORNIA EDISON 6,052.15 AP - 00315872 10/12/2011 SOUTHERN CALIFORNIA EDISON 3,706.94 AP - 00315872 10/12/201 I SOUTHERN CALIFORNIA EDISON 8,851.26 AP-00315872 10/12/2011 SOUTHERN CALIFORNIA EDISON 23,225.11 AP - 00315872 10/12/2011 SOUTHERN CALIFORNIA EDISON 12,642.26 AP - 00315872 10/12/2011 SOUTHERN CALIFORNIA EDISON 4,429.83 AP - 00315873 10/!2/2011 BPARKLETTS 76.00 AP - 00315874 10/12/2011 SPECTRUM CARE LANDSCAPE AND IRRIGATIO 6,036.65 AP - 00315874 10/12/2011 SPECTRUM CARE LANDSCAPE AND [RRIGATIO 2,460.35 AP - 00315874 10/12/2011 SPECTRUM CARE LANDSCAPE AND IRRIGATIO 4,962.10 AP - 00315874 10/12/201 l SPECTRUM CARE LANDSCAPE AND IRRIGATIO 45.46 AP - 00315875 10/12/2011 STAPLETON, JOSHUA 316.00 AP-00315876 l0/12/2011 STERICYCLE INC 706.29 AP - 00315877 10/12/201 I STERLING COFFEE SERVICE 169.10 AP-00315877 10/12/2011 STERLING COFFEE SERVICE 288.75 AP-00315877 l0/12/201( STERLING COFFEE SERVICE 384.88 AP-00315877 l0/12/2011 STERLING COFFEE SERVICE 159.71 AP-00315877 10/12/2011 STERLING COFFEE SERVICE 113.11 AP-00315878 10/12/2011 STREET BEAT 550.00 AP-00315879 ]0/12/2011 SUMARLI, LYDIA 240.00 AP - 00315880 10/12/2011 SUPERIOR PAVEMENT MARKING MC 16,007.78 AP-00315880 10/12/2011 SUPERIOR PAVEMENT MARKING INC 3,974.00 AP - 00315881 10/12/2011 SUPLER, LISSA 225.00 AP - 00315881 10/12/2011 SUPLER, LISSA 225.00 AP - 00315881 10/12/2011 SUPLER, LJSSA 378.00 AP - 00315882 10/12/201 l SWANK MOTION PICTURES INC - 21.00 AP - 00315884 l0/12I201 l T D GROGAN CONSTRUCTION 16,850.88 AP-00315884 l0/l2/2011 TD GROGAN CONSTRUCTION -1,685.08 AP-00315884 10/12/2011 TD GROGAN CONBTRUCTION 4,987.63 AP - 00315884 10/12/201 I T D GROGAN CONSTRUCTION -498.76 AP - 00315885 10/12/2011 TERRA VISTA AMMAL HOSPITAL 50.00 AP - 00315886 10/12/2011 TERRONES, DAMELLA 102.00 User: VLOPEZ-Veronica Lopez Page: 12 Current Date: 10/26/201 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P41 Aeenda Check Resister 10/12/2011 though ]0/25/2011 Check No. Check Dale Ventlor Name Amount AP - 00315887 10/12/201 l TERRY, DONNA 264.60 AP-00315889 10/12/2011 TOY, MICHAEL 75.00 AP-00315690 10/12/2011 UMFIRST UNIFORM SERVICE 25.85 AP-00315890 ]0/12/2011 UNIFIRST UMFORM SERVICE 44.00 AP-00315890 ]0/12/2011 UNIFIRST UNIFORM SERVICE 119.35 AP - 00315890 10/12/2011 UNIFIRST UNIFORM SERVICE 764.90 AP - 00315891 10/12/2011 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 1,792.74 AP - 00315892 10/12/2011 UNION BANK OF CALIFORNAI TRUSTEE FOR P. 29,107.14 AP - 00315893 10/12/201 l UNION BANK OF CALIFORNIA TRUSTEE FOR P. 3,900.00 AP - 00315894 10/12/2011 UNIQUE CONCRETE CREATIONS 59.31 AP -00315895 10/12/2011 UNITED PACIFIC SERVICES INC 4,881.00 AP - 00315896 10/12/201 l UNITED SITE SERVICES OF CA INC 217.78 AP - 00315897 10/12/2011 UPLAND TENNIS CLUB 1,653.60 AP-00315898 10/12/2011 UPSCO POWERSAFE SYSTEMS INC 34,135.20 AP-00315898 10/12/2011 UPSCO POWERSAFE SYSTEMS INC 6,300.00 AP-00315899 10/12/2011 UPS 27.48 AP-00315899 10/12/2011 UPS 87.25 AP-00315900 ]0/12/2011 US IDENTIFICATION MANUAL 89.30 AP - 00315901 10/!2/2011 VAN ELZAKKER, MICHELLE 70.00 AP-00315903 10/!2/2011 VERIZON CALIFORNIA ~ 7fi.15 AP-00315903 10/12/2011 VERIZON CALIFORNIA 18.58 AP - 00315903 10/12/2011 VERIZGN CALIFORMA 1,501.10 AP - 00315903 10/12/201 I VERIZON CALIFORNIA 77.41 AP-00315903 10/12/20!1 VERIZON CALIFORNIA 3,165.29 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 185.55 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 40.24 AP-00315903 10/12/2011 VERIZON CALIFORNIA 144.62 AP-00315903 10/12/2011 VERIZON CALIFORNIA 38.94 AP-00315903 10/12/2011 VERIZON CALIFORNIA 380.17 AP-00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP-00315903 10/122011 VERIZON CALIFORNIA 38.07 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP - 00315903 10/!2/2011 VERIZON CALIFGRNIA 40.44 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP - 00315907 10/12/2011 VERIZON CALIFORNIA 94.72 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 109.25 AP-00315903 10/12/2011 VERIZON CALIFORMA 36.90 AP-00315903 10/12/2011 VERIZON CALIFORNIA 40.44 AP-00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP-00315903 10/12/2011 VERIZON CALIFORNIA 4L97 AP - 00315903 10/12/2011 VER[ZON CALIFORNIA 185.49 AP-00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP-00315903 10/l2/2011 VER[ZON CALIFORNIA 74.01 AP-00315903 10/12/2011 VERIZON CALIFORNIA 38.68 AP-00315903 10/12/2011 VERIZON CALIFORNIA 78.88 AP-00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP-00315903 10/12/2011 VERIZON CALIFORNIA 18.07 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 38.07 AP - 00315903 10/12/2011 VERIZON CALIFORNIA 76.88 AP - 00315903 10/12/2011 VERIZON CALIFORMA 38.07 AP-007 15903 10/12/2011 VERIZON CALIFORNIA 42L41 AP-00315903 10/12/2011 VERIZON CALIFORNIA 66.06 AP - 00315903 10/12/2011 VER[ZON CALIFORNIA 36.90 AP-00315904 10/12/2011 VERIZON WIRELESS-LA 3,654.01 User: VLOPEZ -Veronica Lopez Page: I7 Curren[ Date: 10/26/201 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315905 10/12/2011 VIRTUAL PROTECT MANAGER INC 500.00 AP-00315906 ]0/12/2011 VORTEX INDUSTRIES INC 1,207.63 AP - 00315907 ]0/12/2011 WALTERS WHOLESALE ELECTRIC CO 194.50 AP - 00315907 ]0/]2/2011 WALTERS WHOLESALE ELECTRIC CO 2,724.63 AP - 00315907 10/12/2011 WALTERS WHOLESALE ELECTRIC CO 28.50 AP - 00315907 10/12/2011 WALTERS WHOLESALE ELECTRIC CO 217.54 AP - 00315907 10/12/2011 WALTERS WHOLESALE ELECTRIC CO 200.10 AP-00315907 10/12/2011 WALTERS WHOLESALE ELECTRIC CO 174.90 AP - 00315907 10/12/2011 WALTERS WHOLESALE ELECTRIC CO 133.05 AP-00315907 10/12/2011 WALTERS WHOLESALE ELECTRIC CO 155.87 AP - 00315908 10/12/2011 WAXIE SANITARY SUPPLY 411.77 AP - 00315909 l0/12/2011 WEST END MATERIAL SUPPLY 140.54 AP-00315911 10/12/2011 WEST SANITATION SERVICES INC 328.50 AP-00315911 ]0/12/2011 WEST SANITATION SERVICES INC 337.00 AP - 00315913 10/!2/2011 ZAILO, ROBERT W 163.80 AP-00315914 10/12/2011 ZAVALA, PETER 60.00 AP - 00315915 10/12/2011 ZEE MEDICAL INC 724.04 AP - 00315916 10/13/2011 ABC LOCKSMITHS 219.21 AP - 00315916 10/13/2011 ABC LOCKSMITHS 519.24 AP - 00315916 10/13/201 l ABC LOCKSMITHS 40.41 AP-00315916 10/13/2011 ABC LOCKSMITHS 133.31 AP-00315916 10/13/2011 ABC LOCKSMITHS 69.93 AP-00315917 l0/13/2011 DAPPER TIRE CO 4,379.57 AP-00315918 10/13/2011 EMCOR SERVICE 7,523.90 AP-00315918 10/132011 EMCOR SERVICE 3,119.00 AP - 00315919 10/!3/2011 EWING IRRIGATION PRODUCTS 217.61 AP-00315919 ]0/13/2011 EWING IRRIGATION PRODUCTS 4,832.59 AP-00315919 10/13/20!1 EWING IRRIGATION PRODUCTS 15.47 AP - 00315919 10/13/2011 EWING IRRIGATION PRODUCTS 94.36 AP-00315920 10/13/2011 GOLF VENTURES WEST ~ 455.90 AP - 00315921 10/13/2011 HOLLIDAY ROCK CO INC 398.71 AP - 00315921 10/13/201 I HOLLIDAY ROCK CO INC 596.59 AP - 00315921 10/13/201 l HOLLIDAY ROCK CO INC 75.00 AP - 00315921 l0/13/2011 HOLLIDAY ROCK CO INC 856.80 AP - 00315921 10/13/2011 HOLLIDAY ROCK CO iNC 75.00 AP - 00315921 10/13/2011 HOLLIDAY ROCK CO INC 856.80 AP - 00315921 10113/2011 HOLLIDAY ROCK CO MC 62.65 AP - 00315922 10/13/2011 HYDROSCAPE PRODUCTS INC 86.25 AP - 00315923 10/13/2011 INTERSTATE BATTERIES 38721 AP - 00315923 10/13/2011 INTERSTATE BATTERIES 101.46 AP - 00315924 10/13/2011 LIMS AUTO MC 38.12 AP-00315924 10/13/2011 LIMS AUTO INC 7L05 AP-00315925 !0/19/2011 A&V SOFTBALL 3,800.00 AP-00315926 10/19/2011 A.Y.NURSERY MC. 915.88 AP-00315927 !0/19/2011 AI AUTOMOTIVE 42731 AP - 00315928 10/19/2011 AAVCO 4,463.27 AP - 00315931 10/19/2011 AEF SYSTEMS CONSULTING INC 5,512.50 AP - 00315932 ]0/19/2011 AGAPE EMPLOYMENT 682.00 AP - 00315932 10/19/201 I AGAPE EMPLOYMENT 25.58 AP - 00315932 10/19/2011 AGAPE EMPLOYMEM 682.00 AP-00715932 10/19/2011 AGAPE EMPLOYMENT 682.00 AP-00315932 10/19/2011 AGAPE EMPLOYMENT SL16 AP-00315932 10/19/2011 AGAPE EMPLOYMENT 57.56 AP-00315932 10/19/2011 AGAPE EMPLOYMENT 38.37 P42 User: VLOPEZ -Veronica Lopez Page: 14 Current Date: 10/26/201 Report:CK_AGENDA_REG_PORTRAlT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CTTY OF I2ANCH0 CUCAMONGA P43 Aeenda Check Register ' 10/12/2011 through l0/25/2011 Check No. Check Date Vendor Name Amoun[ AP - 00315932 10/19/2011 AGAPE EMPLOYMENT 664.95 AP - 00315932 10/19/2011 AGAPE EMPLOYMENT 12.79 AP - 00315932 10/19/201 I AGAPE EMPLOYMENT 409.20 AP-00J 15932 10/19/2011 AGAPE EMPLOYMENT 682.00 AP - 003/5932 10/19/201 l AGAPE EMPLOYMENT 682.00 AP-00315932 10A 9/201! AGAPE EMPLOYMENT 511.50 AP-00315932 l0/19/2011 AGAPE EMPLOYMENT 25.58 AP-00315932 l0/19/201! AGAPE EMPLOYMENT 511.50 AP-00315933 10/19/2011 AGILINE INC 1,420.00 AP-00315933 10/19/2011 AGILINE INC 20.00 AP - 00315933 10/19/2011 AGILINE MC 120.00 AP-00315933 10/19/2011 AGILINE INC 1,640.00 AP - 00315933 10/19/2011 AGILINE MC 160.00 AP - 00315933 10/19/2011 AGILINE INC 1,820.00 AP - 00315933 10/19/2011 AGILINE INC 80.00 AP - 00315933 10/19/20(1 AGILINE INC 100.00 AP - 00315934 ]0/19/2011 AIR & HOSE SOURCE INC. 108.83 AP - 00315935 10/19/201 l ALL CITIES TOOLS 2,973.90 AP - 00315936 10/19/2011 ALLEGIANT BUSINESS FINANCE 1,019.16 AP-00315938 10/19/2011 ALPHAGRAPHICS 76 L25 AP-00315938 10/19/2011 ALPHAGRAPHICS 217.50 AP-00315939 10/19/2011 AMOS,CAMPBELL 109.89 AP-00315940 10/19/2011 ARCHIBALD PET HOSPITAL 200.00 AP-00315941 10/19/2011 ARROWV[EW ANIMAL CLINIC 25.00 AP - 00315942 10/19/2011 AUTO AND RV SPECIALISTS INC. 61.33 AP - 00315943 10/19/2011 AUTOHAUS MOTORSPORTS INC. 280.00 AP - 00315944 10/19/2011 BACK STAGE 106.67 AP - 00315945 10119/2011 BARBARA'S ANSWERING SERVICE 572.00 AP - 00315947 10/19/2011 BAYONA, JOSE 100.00 AP - 00315948 10/19/2011 BISHOP COMPANY 61.14 AP - 00315948 10/19/2011 BISHOP COMPANY 1,132.04 AP - OOJ 15950 10/ 19/2011 BROOKS, TAUN 200.00 AP - OOJ 15951 10/19/2011 BUTLER SCHEIN ANIMAL HEALTH SUPPLY 46.11 AP - 00315951 10/19/2011 BUTLER SCHEEJ ANIMAL HEALTH SUPPLY - 21.29 AP - 00315951 10/19/201 l BUTLER SCHEIN ANIMAL HEALTH SUPPLY 400.D2 AP - 00315951 10/19/201 I BUTLER SCHEIN ANIMAL HEALTH SUPPLY 664.10 AP-00315952 10/19/2011 CALIFORNIA FRANCHISE BOARD 182.79 AP-00315953 10/19/2011 CALIFORNIA FRANCHISE TAX BOARD 50.00 AP-00315954 10/!9/2011 CALIFORNIA FRANCHISE TAX BOARD 72-50 AP - 00315955 ]0/19/2011 CALIFORNIA FRANCHISE TAX BOARD 100.00 AP - 00315956 10/19/2011 CALIFORNIA FRANCHISE TAX BOARD 123.92 AP - 00315957 10/19/2011 CALIFORNIA FRANCHISE TAX HOARD 50.00 AP - 00315958 10/19/2011 CALIFORNIA FRANCHISE TAX BOARD 100.00 AP - 00315959 10/19/2011 GALIFGRMA FRANCHISE TAX BOARD 29419 AP - 00315960 10/19/2011 CALIFORNA FRANCHISE TAX BOARD 111.93 AP - 00315961 10/19/201 I CALIFORNIA FRANCHISE TAX BOARD 150.00 AP-00315962 10/19/2011 CALPERS - 222,000.00 AP - 00315963 l0/l9/2011 CALPERS 12,000.00 AP - 00315963 10/19/2011 CALPERS 138,000.00 AP-00315965 10/19/2011 CDW-G 204.3fi AP - 0031596fi 10/19/2011 CHILD SUPPORT ENFORCEMENT DIVISION 175.00 AP-00315968 ]0/19/2011 CLEARWATER GRAPHICS 486.76 AP-00315968 ]0/19/2011 CLEARWATER GRAPHICS 486.79 AP - 00315968 10/19/2011 CLEARWATER GRAPHICS 50128 User: VLOPEZ -Veronica Lopez Page: I S Current Dale: 10/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P44 Asenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Dale Vendor Neme Amoun[ AP-00315968 10/19/2011 CLEARWATER GRAPHICS 538.75 AP-00315968 10/19/2011 CLEARWATER GRAPHICS 501.31 AP-00315970 ]0/19/2011 CONTINENTA L AMERICAN INS URANCE COMPi 79.40 AP - 00315970 10/19/2011 CONTINENTA L AMERICAN INS URANCE COMPi 16.39 AP - 00315971 10/19/2011 COP TOWN UNIFORMS INC. 26.88 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 783.62 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT ~ 444.35 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 544.93 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 209.94 AP - 00315977 l0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 365.42 AP-00315977 l0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 459.00 AP - 00315977 10/19/201 l CUCAMONGA VALLEY WATER DISTRICT ~ 1,078.28 AP-003!5977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,146.59 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT ~ 816.42 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,459.29 AP-00315977 l0/19/201! CUCAMONGA VALLEY WATER DISTRICT 1,502.68 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRIC7 1,295.97 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 236.01 AP-00315977 !0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,108.92 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 558.20 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 383.34 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,050.95 AP - 00315977 10/19/201 I CUCAMONGA VALLEY WATER DISTRICT 230.79 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 222.13 AP - 00315977 10/19/201 l CUCAMONGA VALLEY WATER DISTRICT 325.60 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 59.13 AP-00315977 10/1912011 CUCAMONGA VALLEY WATER DISTRICT 143.86 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 470.94 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 159.53 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,543.51 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 185.16 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,415.91 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 82.37 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 253.92 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 315.65 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 230.96 AP - 003/5977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 174.32 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 218.63 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 344.44 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 180.39 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 640.17 AP-00315977 ]0/19/201] CUCAMONGA VALLEY WATER DISTRICT 229.05 AP - 00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 217.02 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 97.56 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 97.56 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 52.17 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 893.71 AP-003!5977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 807.31 AP - 00315977 10/19/201 I CUCAMONGA VALLEY WATER DISTRICT 282.72 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 241.98 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 50.44 AP-00315977 10/l9/2011 CUCAMONGA VALLEY WATER DISTRICT 120.21 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 143.86 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 269.85 User: VLOPEZ -Veronica Lopez Page: 16 Current Dale: 10/26/201 ReporhCK_AGENDA_R EG_PORTRAI T_RC - CK: Agen da Check Register Portrait Cayout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P45 Agenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 330.51 AP - 00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT - 336.48 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 228.97 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 82.73 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 326.88 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 64.34 AP-00715977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 90.70 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 185.16 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 383.80 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 74.77 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 92.69 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT fi6.08 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 337.55 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 108.61 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,019.07 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 339.54 AP-007!5977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 281.80 AP - 00715977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 303.70 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 85.17 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 442.07 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 201.09 AP-00315977 l0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 85.17 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 244.89 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 142.12 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 292.68 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 361.16 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 2,089.64 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 1,066.89 AP-00315977 l0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 100.65 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 167.24 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 606.94 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 173.22 AP - 00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 369.20 AP - 00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 510.38 AP-OOJ 15977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 314.58 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 166.78 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 166.78 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 565.95 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 118.57 AP-00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 830.08 AP-00315977 !0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 357.46 AP-00315977 ]0/19/2011 CUCAMONGA VALLEY WATER DISTRICT 692.54 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER D15TRICT 909.78 AP - 00315977 10/19/2011 CUCAMONGA VALLEY WATER DISTRICT 866.51 AP - 00315978 10/19/2011 D & D SERVICES INC. 400.00 AP - 00315979 10/19/2011 D AND K CONCRETE COMPANY 823.80 AP - 00315979 10/19/2011 D AND K CONCRETE COMPANY 293.62 AP - 003/5979 10/191201 l D AND K CONCRETE COMPANY 416.46 AP - 00315979 10/19/2011 D AND K CONCRETE COMPANY 748.87 AP - 00315979 10/19/2011 D AND K CONCRETE COMPANY 662.13 AP - 00315980 10/19/2011 DAVID TURCH AND ASSOCIATES 4,000.00 AP - 00315980 10/19/2011 DAVID TURCH AND ASSOCIATES 4,000.00 AP - 00315982 10/19/2011 ELLIS ENTERPRISES 75.00 AP-00315982 ]0/19/2011 ELLIS ENTERPRISES 150.00 User: VLOPEZ -Veronica Lopez Page: 17 Current Dale: !0/26/201 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P46 Aeenda Check Reeister 10/12/2011 through 10/25/2011 Check No. Check Dale Vendor Name Amount AP-00315982 10/19/2011 ELLIS ENTERPRISES 2,500.00 AP - 00315982 10A9/20l l ELLIS ENTERPRISEB 3,905.00 AP - 00315982 10/19/2011 ELLS ENEERPRISES 150.00 AP - 00315982 10/19/2011 ELLIS ENTERPRISES 150.00 AP - 00315982 10/19/2011 ELLIS ENTERPRISES 150.00 AP - 00315983 10/19/2011 EMPIRE FLOOR COVERING 569.00 AP - OOJ 15984 10/19/2011 EMPIRE MOBILE HOME SERVICE 630.00 AP-00315985 10/19/2011 EMPB2E MOBILE HOME SERVICE 3,500.00 AP - 00315986 10/19/201 l EMPIRE MOBILE HOME SERVICE 525.00 AP-00315987 (0/19/2011 EMPIRE MOBILE HOME SERVICE 2,250.00 AP-00315988 ]0/19/2011 EMPIRE MOBILE HOME SERVICE 9,137.77 AP-00315989 ]0/19/2011 ETIWANDA SCHOOL DISTRICT 705.00 AP-00315990 10/19/2011 EXPER[AN 52.00 AP - 00315991 ]0/19/2011 EXPRESS BRAKE SUPPLY 71.91 AP -,00315991 10/19/201 I EXPRESB BRAKE SUPPLY 66.42 AP - 00315992 10/19/2011 FASTENAL COMPANY 11.16 AP - 00315992 10/19/2011 FASTENAL COMPANY 22[.99 AP - 00315992 10/19/201 l FASTENAL COMPANY 2,074.10 AP-00315993 10/1912011 FEDERAL EXPRESS CORP 2733 AP-00315994 10/19/2011 FLAG BYSTEMS INC. 1,700.00 AP - 00315995 l0/19/2011 FORD OF UPLAND INC 759.00 AP - 00315996 10/19/2011 GENTRY, DONALD A 608.75 AP - 00315996 ]0/19/2011 GENTRY, DONALD A 500.00 AP - 00315996 10/19/2011 GENTRY, DONALD A 500.00 AP - 00315997 10/19/2011 GOOD YEAR SOCCER LEAGUE 1,131.00 AP - 00315998 10/19/2011 GRAEJGER 49.80 AP-00315998 10/19/20!1 GRAINGER 1,430.39 AP-00315998 10/19/2011 GRAINGER 12.95 AP - 00315999 10/19/2011 GRAPHICS FACTORY PRIMMG INC. 614.18 AP - 00315999 10/19/2011 GRAPHICS FACTORY PRINTING INC. 247.83 AP - 00315999 10/19/201 l GRAPHICS FACTORY PRINTING INC. 276.92 AP - 00316000 10/19/2011 HARBOUR, CAROL 964.00 AP - 00316001 10/19/2011 HD PRODUCTIONS LLC 10,000.00 AP - 00316003 10/!9/2011 HI WAY SAFETY INC 245.13 AP - 00316005 10/19/2011 HILLS PET NUTRITION SALES MC 506.54 AP - 00316005 10/19/2011 HILLS PET NUTRITION SALES INC 821.00 AP - 00316005 10/19/2011 HILLS PET NUTRITION SALES INC 821.38 AP - 003!6005 10/19/2011 HILLS PET NUTRITION SALES INC 189.86 AP - 00316006 10/19/201 I HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP - 00316006 10/19/201 l HEVDERLTTER DE LLAMAS AND ASSOCIATES 6,655.88 AP-00316007 10/19/2011 HIROSHIMA MC. fi,250.00 AP - 00316007 ]0/19/2011 HIROSHIMA INC. 650.00 AP - 00316008 10/19/2011 HOGAN, JULIA 13.17 AP - 00316009 10/19/2011 HOME DEPOT CREDIT SERVICES 9130 AP - 00316009 10/19/2011 HOME DEPOT CREDIT SERVICES 53.84 AP - 00316009 10/19/2011 HOME DEPOT CREDIT SERVICES 48.06 AP - 00316009 10/19/2011 HOME DEPOT CREDI7 SERVICES 246.75 AP - 00316010 10/19/201 I HOSE MAN INC 25.60 AP - 00316010 10/19/201 I HOSE MAN INC 494.16 AP - 00316010 10/19/2011 HOSE MAN INC 194.94 AP - 00316012 10/19/2011 HSBC BUSINESS SOLUTIONS 51.74 AP-00316012 10/19/2011 HSBC BUSINESS SOLUTIONS 74.02 AP-00316012 10/19/2011 HSBC BUSINESS SOLUTIONS 24.48 AP - 003160!2 10/192011 HSBC BUSINEBS SOLUTIONS 256.20 User. V LOPEZ -Veronica Lopez Page: 18 Current Date: 10/26/201 Repor[: CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P47 Aeenda Check Resister 10/12/2011 though 10/25/2011 Check No. Check Dale Vendor Name Amoun[ AP - 00316012 10/19/2011 HSBC BUSINESS SOLUTIONS -12.50 AP - 00316012 10/19/2011 HSBC BUSINESS SOLUTIONS -68.77 AP - 00316012 10/19/2011 HSBC BUSINESS SOLUTIONS 178.68 AP - 00316012 10/19/201 l HSBC BUSINESS SOLUTIONS 66.96 AP-003!6012 10/19/2011 HSBC BUSINESS SOLUTIONS 250.45 AP-003!6012 10/19/2011 HSBC BUSINESS SOLUTIONS 109.61 AP-00316012 10/19/2011 HSBC BUSINESS SOLUTIONS 113.81 AP - 003/6013 10/19/2011 FIUMANE SOCIETY OF SAN BERNARDINO VALI 1,246.00 AP - 00316014 l0/19/2011 IBM CORPORATION 14,007.99 AP - 00716014 10/19/2011 IBM CORPORATION -296.80 AP - 00316015 10/19/2011 IMPETT, VICTORIA ANN 950.00 AP - 00316016 10/l9/2011 IMPRESSIONS GOURMET CATERING 2,998.14 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 43.53 AP - 00316018 10/!9/2011 INDEPENDENT STATIONERS 125.23 AP - 00316018 10/!9/2011 INDEPENDEM STATIONERS 81.57 AP - 003160! 8 10/19/2011 INDEPENDEM STATIONERS 5230 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 48.77 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 19.65 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 89.16 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 14422 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 129.86 AP - 003/6018 10/19/2011 INDEPENDENT STATIONERS 104.42 AP-00316018 10/19/2011 INDEPENDEM STATIONERS 98.93 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 342.80 AP - 00316018 10/192011 INDEPENDEM STATIONERS 252.18 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 437 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 59.40 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 12.45 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 13.08 AP - 00316018 ]0/19/2011 INDEPENDEM STATIONERS 18.06 AP - 00316018 ]0/19/201 l INDEPENDEM STATIONERS 144.74 AP - 00316018 10/19/201 I INDEPENDEM STATIONERS 4.64 AP - 00316018 10/19/2011 INDEPENDEM STATIONERS 4.63 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 52.30 AP - 00316018 10/19/2011 BVDEPENDEM STATIONERS 146.54 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS -81.57 AP - 00316018 10/19/201 I INDEPENDENT STATIONERS 144.74 AP - 00316018 10/19/201 l INDEPENDENT STATIONERS 1.35 AP - 00316018 10/19/201 l INDEPENDENT STATIONERS 9.53 AP - 00316018 10/19/2011 INDEPENDENT STATIONERS 111.31 AP - 003160!9 10/!9/2011 INLAND EMPIRE FAMILY 803.00 AP - 00316019 10/19/2011 INLAND EMPIRE FAMILY 803.00 AP - 00316020 10/19/2011 INLAND EMPIRE TOURS AND TRANSPORTATIC 2,666.00 AP - 00316020 10/19/20! 1 INLAND EMPIRE TOURS AND TRANSPORTATIC 1,439.00 AP - 00316020 10/19/201 I INLAND EMPIRE TOURS AND TRANSPORTATIC 2,268.00 AP - 00316021 10/19/201 I INLAND EMPIRE WEEKLY 423.00 AP - 00316022 10/ 19/201 l INLAND VALLEY APPRAISERS 95.00 AP - 00316023 10/19/201 l IMERNAL REVENUE SERVICE 75.00 AP - 00316024 10/19/2011 IVAMS 658.34 AP - 00316025 10/19/2011 JACKSON, HUGH 10.00 AP - 00316026 10/19/2011 IDC INC 18,292.85 AP - 00316026 10/19/2011 JDC INC 848.00 AP - 00316026 10/19/2011 JDC INC 15,994.50 AP - 00316027 10/19/2011 JH IMPORTS 244.85 _ User: VLOPEZ -Veronica Lopez Page: 19 Curren[ Date: 10/26/201 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P48 Aeenda Check Resister 10A2/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00316028 10/19/2011 JIRON, YOLANDA 100.00 AP-00316029 10/19/2011 JONES, CHRISTINA HAATAINEN 3,2!4.58 AP - 00316030 10/19/2011 KC PRINTING & GRAPHICS 342.35 AP-00316031 10/19/20(1 KORANDA CONSTRUCTION 1,312.00 AP - 00316032 10/19/201 I KRIEGER, ED 300.00 AP - 00316033 10/19/2011 LANCE SOLL AND LUNGHARD 5,400.00 AP - 00316033 10/19/2011 LANCE SOLL AND LUNGHARD 28,500.00 AP - 00316034 10/19/2011 LECK GAMBLE MALLORY & NATSIS LLP 250.00 AP - 00316075 10/19/201 l LEIGHTON CONSULTING INC 10,393.50 AP - 00316035 10/19/2011 LEIGHTON CONSULTING INC 3,802.50 AP - 00316037 10/192011 LITTLE BEAR PRODUCTIONS 1,325.00 AP - 00316037 10/192011 LITTLE BEAR PRODUCTIONS 125.00 AP - 00316037 10/19/2011 LITTLE BEAR PRODUCTIONS 150.00 AP - 00316037 10/19/2011 LITTLE BEAR PRODUCTIONS 225.00 AP - 00316037 10/19/2011 LITTLE BEAR PRODUCTIONS 400.00 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 587.54 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL EN'C INC 15,998.13 AP - 00316038 !0/19/2011 MARIPOSA HORTICULTURAL ENT INC 6,578.73 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 5,059.09 AP - 00316038 ]0/19/2011 MARIPOSA HORTICULTURAL ENT INC 696.51 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 2,737.36 AP - 00316038 10/19/201 l MARIPOSA HORTICULTURAL ENT INC 565.38 AP - 00316038 10/19/201 l MARIPOSA HORTICULTURAL ENT INC 936.12 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 8,271.25 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT ]NC 36,000.00 AP-00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 10,068.56 AP-00316038 10/19/2011 MARIPOSA.HORTICULTURAL ENT INC 141.57 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 21,635.55 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 5,511.22 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 304.52 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 3,754.44 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 12,197.13 AP-OOJ 16038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 2,111.08 AP - 00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 3,988.67 AP - 00316038 10/19/201 l MARIPOSA HORTICULTURAL ENT INC 1,480.67 AP - 003 (6038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 100.09 AP - 00316038 10/19/201 I MARIPOSA HORTICULTURAL ENT INC 1,664.91 AP - 00316038 10/19/201 l MARIPOSA HORTICULTURAL ENT INC 870.75 AP - 00316038 10/19/201 l MARIPOSA HORTICULTURAL ENT INC 822.67 AP - 00316038 10/19/201 I MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP-00316038 10/19/2011 MARIPOSA HORTICULTURAL ENT INC 2,289.21 AP - 00316039 10/19/2011 MATRIX IMAGING PRODUCTS 783.59 AP - 00316039 10/19/2011 MATRIX IMAGING PRODUCTS ~ 2,091.94 AP - 00316039 10A9/2011 MATRIX IMAGING PRODUCTS 285.00 AP - 00316040 10/19/2011 MC TRUCKING 596.50 AP - 00316041 10/19/2011 MILANES, YIKCIA 475.00 AP-00316042 10/19/2011 MILES, ROBERT 250.00 AP - 00316043 10/19/2011 MOCK, FELINDA 102.00 AP-00316044 10/19/2011 MOUNTAIN VIEW SMALL ENG REPAIR 32.27 AP-00316044 10/19/2011 MOUNTAIN VIEW SMALL ENG REPAIR 22.60 AP - 00316045 10/19/2011 MUSK THEATRE INTERNATIONAL 20.00 AP - 00316045 10/19/2011 MUSIC THEATRE IMERNATIONAL 15.00 AP-00316046 10/19/2011 MWI VETERINARY SUPPLY 511.26 AP-00316046 10/!9/2011 MWI VETERINARY SUPPLY 18.30 User: VLOPEZ -Veronica Lopez Page: 20 Current Date: 10/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portmi[ Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P49 Asenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP-00316046 l0/19/2011 MWI VETERINARY SUPPLY 11.64 AP-00316046 10/19/2011 MWI VETERINARY SUPPLY 559.00 AP-00316046 10/19/2011 MWI VETERINARY SUPPLY 244.03 AP-00316046 10/19/2011 MWI VETERINARY SUPPLY 1,291.90 AP-00316046 10/19/2011 MWI VETERINARY SUPPLY 55.26 AP - 00316046 10/19/2011 MWI VETERINARY BUPPLY 106.48 AP - 00316046 10/19/2011 MWI VETERINARY SUPPLY 1,240.53 AP-003!6046 10/19/2011 MWI VETERINARY SUPPLY 68.72 AP-003!6047 10/19/2011 NAPA AUTO PARTS 43.54 AP - 00316047 10/19/2011 NAPA AUTO PARTS 151.41 AP - 00316050 10/19/201 l OCCUPATIONAL HEALTH CTRS OF CA 68.62 AP - 00316051 10/19/2011 OPARC 440.00 AP - 00316052 10/19/2011 OPEN APPS INC 4,126.83 AP-00316054 10/19/2011 PACIFIC TELEMANAGEMENT SERVICES 3,825.00 AP - 00316055 10/!9/2011 PAL CAMPAIGN 50.00 AP - 00316056 10/19/2011 PARS 3,500.00 AP - 00316057 ]0/19/2011 PETES ROAD SERVICE INC 774.48 AP - 00316058 ]0/19/2011 PITASSI ARCHITECTS INC 1,290.00 AP - 00316058 10/19/2011 PITASSI ARCHITECTS INC 713.40 AP - 00316059 10/1912011 PRE-PAID LEGAL SERVICES INC 168.48 AP - 00316059 10/19/2011 PRE-PAID LEGAL SERVICES MC 1 L40 AP - 00316060 10/19/201 l PRO SALES GROUP INC 14.55 AP -00316061 10/19/2011 R &. 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00316102 10/19/2011 SOUTHERN CALIFORMA EDISON 23.46 AP-00316102 ]0/19/2011 SOUTHERN CALIFORNIA EDISON 24.87 User: VLOPEZ -Veronica Lopez Page: 22 Current Dale: 10/26/201 ReparhCK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P51 Asenda Check Resister 10/12/2011 through 10/25/2011 Check No. Check Dnte Vendor Name Amount AP - 00316102 10/19/2011 SOUTHERN CALIFGRMA EDISON 21.26 AP -00316102 10/19Y2011 SOUTHERN CALIPORNIA EDISON 24.67 AP - 00316102 10/19/2011 SOUTHERN CALIFORMA EDISON 24.34 AP - 00316102 10/19/201 l SOUTHERN CALIFORMA EDISON 47.90 AP - 00316102 10/19/201 I SOUTHERN CALIFORNIA EDISON 23.1 l AP - 00316102 10/19/2011 SOUTHERN CALIFORMA EDISON 75.74 AP-003!6102 10/19/2011 SOUTHERN CALIFORMA EDISON 1OL54 AP-00316(02 10/19/2011 SOUTHERN CALIFORMA EDISON 24.47 AP - 00316102 10/19/2011 SOUTHERN CALIFORNIA EDISON - 24.53 AP - 00316102 10/19/2011 SOUTHERN CALIFORNIA EDISON 24.47 AP - 00316102 10/19/2011 SOUTHERN CALIFORMA EDISON 24.34 AP-0031fi102 l0/19/2011 SOUTHERN CALIFORNIA ED[SON 22.41 AP-00316102 IO/19/2011 SOUTHERN CALIFORNIA EDISON 24.73' AP - 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00316138 10/19/2011 VERIZON WIRELESS - LA -9.1 l AP-00316138 10/19/2011 VERIZON WIRELESS-LA -5.97 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 31.01 AP-003!6138 10/19/2011 VERIZON WIRELESS-LA -6.96 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -7.56 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 59.72 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -6.46 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA - 38.18 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -12.11 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA -7.56 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.95 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA 39.43 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA -7.31 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -6.44 AP-00316138 10119/2011 VERIZON WIRELESS-LA -7.56 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -8.72 AP-00316138 10/19Y2011 VERIZON WIRELESS-LA 35.76 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -5.90 AP-00316138 10/1912011 VERIZON WIRELESS-LA -6.11 AP-00316138 l0/19/2Dll VERIZON WIRELESS-LA 41.19 User: VLOPEZ -Veronica Lopez Page: 25 Current Date: 10/26/201 ReporCCK_AGENDA_R EG_PORTRA[ T_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P54 Aeenda Check Reeis[er 10/12/2011 through 10/25/2011 Check No. Check Dale Vendor Name Amount AP-00316138 10/19/2011 VERIZON WIRELESS-LA -6.86 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.95 AP-003161]8 10/19/2011 VERIZON WIRELESS-LA -6.05 AP-003161]8 10/19/2011 VERIZON WIRELESS-LA 37.04 AP-00316138 10/19/2011 VER[ZON WIRELESS-LA -2.50 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -1.35 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 75.92 AP-00316138 IO/19/2011 VERIZON WIRELESS-LA 18.96 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 38.01. AP-00316138 10/19/2011 VERIZON WIRELESS-LA 18.96 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 16.84 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA 38.01 AP - 00316138 10/19/2011 VERIZON WIRELESS = LA ~ 0.17 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 0.17 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 1.17 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 36.31 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 32.69 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 46.77 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 4L18 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 78.01 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 38.01 _ AP~-00316138 10/19/2011 VERIZON WIRELESS-LA 38.80 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 32.98 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.87 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.23 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 37.49 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 l0/19/2011 VERIZON WIRELESS-LA 45.81 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 62.34 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 36.21 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 4L20 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 55.09 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 88.43 AP-00316138 10/19/2011 VERIZON WIRELESS-LA ~ 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 59.72 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 70.63 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 36.19 AP-00316138 10/!9/2011 VERIZON WIRELESS-LA 38.80 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA 38.05 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 37.65 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 38.01 AP-00316138 10/19/20!1 VERIZON WIRELESS-LA 38.01 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 37.39 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 46.76 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 40.24 AP-00716138 10/19/2011 VEAIZON WIRELESS-LA ]822 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 0.17 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 0.17 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -6.94 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -6.67 User: VLOPEZ-Veron ica Lopez Page: 26 Current Date: !0/26/201 ReportCK_AGENDA_R EG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P55 Agenda Check Resister 10/12/2011 though 10/25/2011 Check No. Check Date Vendor Name Amount AP-00316138 10/19/2011 VERIZON WIRELESS-LA 12.71 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -6.96 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -8.92 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 47.78 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 38.18 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -1.13 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -8.44 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.56 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -5.45 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.31 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -5.43 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -8.14 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -8.14 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -8.14 AP-00316178 10/19/2011 VERIZON WIRELESS-LA 42.18 AP-00316!38 10/19/2011 VERIZON WIRELESS-LA -8.14 AP-00316138 10/19/2011 VER[ZON WIRELESS-LA -8.14 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -9.11 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -8.72 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 38.01 AP-00316138 l0/19/201! VERIZON WIRELESS-LA 5.68 AP-00316138 (0/19/2011 VERIZON WIRELESS-LA -7.56 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -7.56 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.56 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA -12.11 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.56 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 67.57 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.17 AP-00316138 t0/19/2011 VERIZON WIRELESS-LA -6.98 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -11.72 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -7.95 AP - 00316138 10/l9/2011 VERIZON WIRELESS - LA 38.01 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 60.98 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.35 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -7.35 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 0.17 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 0.17 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.21 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -7.35 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 0.17 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 36.23 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA II4.84 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 44.61 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA 44.61 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 37.05 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA 44.57 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 68.60 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 36.19 AP-0031608 10/19/2011 VERIZON WIRELESS-LA 36.19 ~AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA. 36.19 User: VLOPEZ -Veronica Lopez Page: 27 Current Date: 10/26/201 Repor[:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 CITY OF RANCHO CUCAMONGA P56 Agenda Check Resister ]0/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 30.44 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 36.19 AP - 00316138. 10/19/2011 VERIZON WIRELESS - LA 30.44 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 59.68 AP-00716138 10/19/2011 VERIZON WIRELESS-LA 59.68 AP-00316138 10/19/2011 VERIZON WIRELESB-LA 65.08 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 38.01 AP-00716138 10/19/2011 VERIZON WIRELESS-LA 36.47 AP-00316138 10/19/2011 VER[ZON WIRELESS-LA 60.41 AP - 00316138 10/19/201 l VERIZON WIRELESS - LA 57.23 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP - 00316138 l0/19/2011 VERIZON WIRELESS - LA 89.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 36.19 AP - 00316138 ]0/19/2011 VERIZON WIRELESS - LA 36.19 AP-00316138 ]0/19/2011 VERIZON WIRELESS-LA 37.14 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 77.85 AP-00716138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 90.21 AP - 00316138 10/191201 l VERIZON WIRELESS - LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.71 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 30.44 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 36.19 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 40.53 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.31 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 21.57 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 44.57 AP - 00316138 ~ 10/19/2011 VERIZON WIRELESS - LA 36.23 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 59.72 AP-00316138 10/19/2011 VER[ZON WIRELESS-LA 0.00 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 36.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 41.19 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -52.87 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 58.96 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -6.98 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 4921 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 18.43 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 0.17 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 106.87 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 69.65 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 9.86 AP-00316138 l0/19/2011 VERIZON WIRELESS-LA 0.17 AP-00316138 l0/19/2011 VERIZON WIRELESS-LA 0.17 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA 134.86 AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -14.71 AP - 00316138 10119/2011 VERIZON WIRELESS - LA 36.37 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 59.53 AP-00316138 10/19/2011 VERIZON WIRELESS-LA -14.71 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 63.73 AP-0031608 10/19/2011 VERIZON WIRELESS-LA -20.83 AP-00316138 10/19/2011 VERIZON WIRELESS-LA 95.95 User: VLOPEZ -Veronica Lopez Page: 28 Current Dale: 10/26/201 ReportrCK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register PorVait Layout Time: 15'59:4 CITY OF RANCHO CUCAMONGA P57 Agenda Check Register 10/12/2011 through 10/25/2011 Check No. Check Date Vendor Name Amount AP - 00316138 10/19/2011 VERIZON WIRELESS - LA -45.46 AP - 00316139 10/19/2011 VISION SERVICE PLAN CA 10,285.00 AP-00316140 10/19/2011 WALTERS WHOLESALE ELECTRIC CO 254.48 AP - 00316141 10/1912011 WARREN & CO INC, CARL 168.95 AP - 00716141 10/19/2011 WARREN & CO INC, CARL 146.21 ' AP -00316141 10/19Y2011 WARREN &. CO INC, CARL 1,112.68 AP - 00316141 10/19/201 l WARREN & CO INC, CARL 207.43 AP-00316141 !0/19/2011 WARREN &CO INC, CARL 1,099.97 AP - 00316141 10/19/2011 WARREN & CO INC, CARL 272.78 AP - 00316141 10/19/2011 WARREN & CO INC, CARL 731.46 AP - 00316141 ]0/19/2011 WARREN & CO INC, CARL 228.13 AP - 00316142 ]0/19/2011 WAXIE SANTARY SUPPLY 566.97 AP - 00316142 10/19/2011 WAXIE SANITARY SUPPLY 217.49 AP - 00316143 10/19/2011 WELLNESS GROUP LLC, THE 820.00 AP - 00316144 10/19/2011 WESTCOAST MEDIA 900.50 AP-00316145 10/19/2011 WESTERN UNIVERSITY 35.00 AP-00316145 10/19/2011 WESTERN UNIVERSITY 35.00 AP-00316145 10/19/2011 WESTERN UNIVERSITY ~ 43.00 AP-00316145 10/19/2011 WESTERN UNIVERSITY 43.00 AP-00316145 10/19/2011 WESTERN UNIVERSITY 43.00 AP-00316145 l0/19/2011 WESTERN UNIVERSITY 35.00 AP - 00316146 10/19/2011 WESTRUX INTERNATIONAL INC 1,543.09 AP-00316147 10/19/2011 WILSON, EDDIE 15.00 AP - 00316148 10/19/2011 WORD MILL PUBLISHING 725.00 AP - 00316149 10/20/20(1 ABC LOCKSMITHS 8.62 AP - 00316150 10/20/2011 AIRGAS WEST l1 L88 AP-00316150 10/20/2011 AIRGAS WEST !46.67 AP-00316151 10/20/2011 CALSENSE 383.92 AP-00316151 10/20/2011 CALSENSE 3,128.74 AP - 00316152 10/20/201 l CUCAMONGA VALLEY WATER DISTRICT 401.08 AP-00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 219.01 . AP-00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 263.88 AP-00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT ~ 192.53 AP-00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 215.03 AP - 00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 246.88 AP - 00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 317.77 AP - 00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 378.31 AP - 00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 353.47 AP - 00316152 10/20/20! 1 CllCAMONGA VALLEY WATER DISTRICT 916.67 AP - 00316152 10/20/2011 CUCAMONGA VALLEY WATER DISTRICT 254.85 AP-00316153 10/20/2011 DAPPER TIRE CO 560.23 AP-00316154 10/20/2011 EMCOR SERVICE 15,997.75 AP-00316154 10/20/2011 EMCOR SERVICE 1,188.83 AP - 003161 SS 10/20/201 l HOLLIDAY ROCK CO INC 230.13 AP - 00316155 10/20/2011 HOLLIDAY ROCK CO INC 370.42 AP - 00316155 10/20/2011 HOLLIDAY ROCK CO INC 75.00 AP - 00316155 ]0/20/2011 HOLLIDAY ROCK CO INC 60.30 AP - 00316155 10/20/2011 HOLLIDAY ROCK CO INC 62.06 AP - 00316156 ]0/20/2011 INTERSTATE BATTERIES 202.91 AP - 00316157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 72.77 AP - 003/6157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 46.74 AP - 00316157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 955.06 AP - 00316157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 52.21 AP - 00316157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 80.70 User: VLOPEZ -Veronica Lopez Page: 29 Current Date: 10/26/201 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout ~ Time: 15:59:4 CITY OF RANCHO CUCAMONGA P58 Aeenda Check Resister 10/12/2011 through 10/25/2011 Check Na. Check Date Vendor Name Amount AP - 00316157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 288.36 AP - 00316157 ]0/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 902.86 AP - 00316157 10/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 12.00 AP - 00316158 10/20/2011 MAIN STREET SIGNS 392.91 AP - 00316158 10/20/2011 MAIN STREET SIGNS 274.44 AP - 00316159 10/20/2011 SUNRISE FORD 50.34 AP - 00316159 10/20/2011 SUNRISE FORD 10.11 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 97.07 AP - 00316160 10/20/201 l TRUGREEN LANDCARE 13,029.66 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 14,406.68. ' AP - 00316160 10/20/2011 TRUGREEN LANDCARE 401.25 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 4,569.60 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 2,556.32 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 20,018.54 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 1,451.53 AP-00316160 ]0/20/2011 TRUGREEN LANDCARE 1,572.06 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 547.86 AP - 00316160 10/20/2011 TRUGREEN LANDCARE 1,034.23 AP-00316160 ]0/20/2011 TRUGREEN LANDCARE 2,517.04 AP - 00316161 10/20/2011 TW TELECOM 4,010.07 Taal for Check O) AP: !,930,603.33 EP - 00002086 10/12/2011 CITIGROUP ENERGY INC 135,248:75 EP - 00002087 10/12/2011 SAN BERNARDINO COUNTY 57,750.36 EP - 00002088 10/12/2011 SAN BERNARDINO CTY SHERIFFS DEPT 941.85 EP - 00002089 10/12/2011 SHELL ENERGY NORTH AMERICA 162,524.00 EP - 00002090 10/12/2011 VIASYN INC 3,183.00 EP - 00002091 10/19/2011 CALIF GOVERNMENT VEBA/RANCHO CUCAMC 1,300.00 EP - 00002091 10/19/2011 CALIF GOVERNMENT VEBA/RANCHO CUCAMC 7,075.00 EP - 00002092 10/19/2011 CHAFFEY JOINT UNION HS DISTRICT 698.1fi EP - 00002093 10/19/2011 FORTISTAR METHANE GROUP LLC 110,608.38 EP - 00002093 10/19/2011 FORTISTAR METHANE GROUP LLC 92,656.33 EP-00002094 10/19/2011 RIVERSIDE, CITY OF 5,807.00 - Toml for Check ID EP: 577,792.83 Total for Entity: 2,508,396.16 User: VLOPEZ -Veronica Lopez Page: 30 Current Dale: 10/26/201 Report CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:59:4 P59 STAFF REPORT - i~ E\ Ca\ EERI\ G SEAN ICES DEl':1RTTII:N'1' jZANCtro Date: November 2, 2011 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: .Romeo M. David, Associate Engineer ~(. Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE ETIWANDA AVENUE AND 4r" STREET SIDEWALK IMPROVEMENTS, TO BE FUNDED FROM ACCOUNT NOS. 11333035650!1717133-0, 1882-2314, AND 11393035650/ 1780139-0 It is recommended that the City Council approve specifications for the construction of the sidewalk improvements along the west side of Etiwanda Avenue, in front of the properties at 6770 Etiwanda Avenue, 6688 Etiwanda Avenue and 6658 Etiwanda Avenue and the 4th Street sidewalk improvements along the north side of 4th Street from Cleveland easterly, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" for construction of the sidewalk improvements, to be funded from Account Nos. 1 1 3330 35650/1 7 1 7 1 33-0, 1882-2314, and 1 1 3930356 50/1 7801 39-0. BACKGROUNDlANALYSIS The scope of work for Etiwanda Avenue and 4"' Street Sidewalk Improvements consists of, but not limited to construction of concrete sidewalk, curb and gutter, driveway approach, retaining wall and fence, adjust utilities to new sidewalk grade, tree removal and minor landscaping. Along Etiwanda Avenue, the homeowners dedicated a 4-foot strip easement in exchange for the proposed sidewalk. All right-of-way exists along 4'" Street. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate is $75,000. Legal advertising is scheduled for November 8, 2011 and November 15, 2011, with bid opening at 2:00 p.m. on Tuesday, November 22, 2011, unless extended by addendum. Respectfully submitted, r Steuer Director of Engineering Services/City Engineer MASIRMD:Is Attachment Cr V ti ~ ~ Ow ti ~~ ~ O _= ~. ! ~ .. i , ,,,,~- ~j ~ r- n 4, a ~ ~ ~Y= , _, _ ~~ Qo -: _ - ~J --- - . ~,_. ~. ---- _. J~ IFI :T~ ~ ~ ~il -~ C ~ i_~f {~d~j ~~ , ' ~ --~,L....t ~''8 _---,~- - tt ~_ (~ z ~ . __ :~ ~-.-- - ~ a ~ _ ;l ._ a, -p' - -~i -. ..6 ly ~;~ ,,~I tJli I_ i~. _ 1esi;~1~ ~'1r't'. ii ~ ~i ~ ~ {~ r ~ i ~ ~i; i f ~.. ' ; s, ;L .~I,L~~?1'"t, ~ j III i ~ Y- ~ ` - .. _ 0 0 r~ V ~~ a~ o~ Z z 0 U 0 x U 0 F~1 U w d'+ Z z A W H W a A P61 RESOLUTION NO. ~ ~ a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA AVENUE AND 4~" STREET SIDEWALK IMPROVEMENTS, 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 specifcations forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifcations for the "ETIWANDA AVENUE AND 4~" STREET SIDEWALK IMPROVEMENTS". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m, on Tuesday, November 22, 2011, sealed bids or proposals forthe "ETIWANDA AVENUE AND 4r"STREET SIDEWALK IMPROVEMENTS" 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, "ETIWANDA AVENUE AND 4~" STREET SIDEWALK IMPROVEMENTS": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the offce 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. P62 RESOLUTION NO. November 2, 2011 Page 2 Pursuant to provisions of Labor Code Section 1775, the Contractor shall forteit, 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, ii 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 certifcate 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 exceedsa ratio of one to fve, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe 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) hou rs of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. P63 RESOLUTION NO. November 2, 2011 Page 3 The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, far each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (S) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful pertormance 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 also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga far the construction of said work. Contractor shall possess any and all contractor licenses, inform and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or"C8" License 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, togetherwith 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. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to P64 RESOLUTION NO. November 2, 2011 Page 4 www.cipl isLCOm and signing up, by going to Member Login or Member Signup (its free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest underthe Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates ofany addenda or revisions to the bid documents. Be advised that the information contained on this site may change overtime and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders ofany changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciolistcom and to check this website on a DAILY basis through the dose of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, asset forth in the Plans and Specifcations 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 "ETIWANDA AVENUE AND 4~" STREET SIDEWALK IMPROVEMENTS" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER 6 PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 ADVERTISE ON: November S, 2011 and November 15, 2011 `\ STAFF REPORT QTY MANAGERS OFFICE RANCHO Date: November 2, 2011 CUCAMONGA To: Mayor and Members of the City ncil From: John R. Gillison, City Manager By: Tamara L. Layne, Finance Director Subject: RECEIVE QUARTERLY BUDGET UPDATE REPORT RECOMMENDATION Staff requests that the City Council receive and file the attached First Quarter Budget Report Card for the quarter ended September 30, 2011. The report is intended to provide the City Council with a brief update on the budgetary performance of the City's operating funds which include the City General Fund, the Library Fund, and the Fire District Operating Funds. P65 I:\finance\budget2012\quarterly budge[ updates to CC\staff repott-1Q2011 budge[ update.doc P66 City of Rancho Cucamonga L." 's. Fiscal Year 2011/12 �ya *SJ RA"°"°LUCAMONGA First Quarter Budget Report Card OVERVIEW Factors contributing to a slightly higher percentage expended/encumbered in the departmental budgets This report summarizes the City's overall financial include the following: 1) some contracts cover the position for the fiscal year through September 30, entire fiscal year and must be fully encumbered 2011. The focus of this report is the City's with a purchase order at the beginning of the fiscal operating budget which is comprised of the City year; and 2) certain overhead cost allocations are General Fund, the Library Fund, and the Fire completely allocated at the beginning of the fiscal District Operating Funds. The revenue projections year, however, as of September 30, 2011 only 25% and budgets include necessary adjustments for of the year was completed. encumbrances, carryovers, and any supplemental appropriations made by the City Council as of Some savings may occur by the end of the fiscal September 30, 2011. year due to no payments being made for booking fees during the current year (so far). This cost GENERAL FUND savings, however, will be offset by the State's takeaway of the City's Motor Vehicle In-Lieu Fees. General Fund Financial Condition. With 25% of The latter issue is currently being litigated and we the year complete, General Fund expenditures are at are hopeful there will be a resolution before the end 22% of projections (compared to 23% in the prior of the fiscal year. year) and revenues are at 7% (consistent with the prior year). Revenues are typically less during the Top Seven Revenues. The City's top seven first quarter due to the timing of certain key revenues account for about 86% of total General revenues such as franchise fees, property tax, and Fund revenues (compared to 85% in the prior year). sales tax._ Both expenditures and revenues are Following is a summary of these revenues as of explained in more detail below. midyear. General Fund Budget* YTD Actual* Percent Adopted YTD % Revenues $63,068,550 $ 4,620,547 7% Top Seven Revenues Budget Actual Received Expenditures -$63,400,122 $14,154,668 22% Sales tax 22,457,810 1,775,533 8% *Includes carryover purchase orders Vehicle license fees* 15,020,280 88,508 1% Franchise fees 5,725,030 - 0% Property tax 3,922,450 - 0% Expenditures. Departmental operating Development fees 3,290,050 656,534 20% expenditures are generally on target as of the end of Business licenses 2,204,840 460,587 21% the first quarter as summarized below: Trans.occupancy taxes 1,750,790 475,443 27% *Includes Property tax in-lieu of VLF General Fund Adopted YTD Expenditures Budget Actual Exp/Enc Sales Tax. Results to date are closer to budget Administrative Services 7,627,006 3,351,276 44% estimates than it appears. Due to the "Triple Flip," Animal Care and Services 2,583,642 966,943 37% we only Ieceive 75% of our base revenues from Building and Safety 3,032,770 1,318,851 43% City Clerk 2,810 1,211 43% State allocations; the remaining 25% is remitted to City Council 143,630 59,413 41 us from the County in February and June via a City Management 1,198,281 523,607 44% complicated estimating formula. That said after Community Services 4,441,890 1,614,475 36% Engineering 1,778,315 809,824 46% adjusting for this, we have received about 10% of Planning 1,958,648 712,361 36% our budgeted revenues as of the end of the first Police 27,386,455 7,700,937 28% quarter (prior year's collection percentage as of the Public Works 9,562,955 5,196,447 54% end o f first quarter the rst ter was 9%)' This is due to the Records Management 454,670 191,894 42% timing of our receipts from the State and the P67 City of Rancho Cucamonga '`' Fiscal Year 2011/12 _s� R cno ucAMONOn First Quarter Budget Report Card C County. As of midyear, we have received one Property Tax. The first major apportionment of month's allocation of sales tax revenues from the taxes will occur in December. State and two months' of Prop 172 revenues, which is consistent with the prior year. Based on Development Fees. Development revenues are discussions with the City's sales tax consultant, it coming in as anticipated for the most part with appears our sales tax revenues have stabilized and collection percentages ranging from 17%to 23%. It have started to grow again, albeit slowly and should be noted that development fees are not gradually. Revenues are projected to equal or received in a linear or proportional manner slightly exceed budget by the end of the fiscal year. throughout the fiscal year Vehicle License Fees (VLF). As of midyear, we Business Licenses. Business license revenues are have only received one disbursement of VLF from on track with projections. The collection the State which related to excess amounts collected percentage is consistent with the prior year. The for fiscal year 2010/11. As a result of SB89, the peak of the renewals is not received until January. State took away city VLF revenue to save State law enforcement grant programs for the current budget Transient Occupancy Taxes. TOT revenues are year. This results in a potential loss of$663,730 in performing consistently with projections and are VLF revenues to the City of Rancho Cucamonga. slightly higher than at this time last year. This revenue loss is offset by the elimination of current year booking fees which were budgeted at LIBRARY FUND $357,670, for a net impact to our city in the amount of $306,060. The League of California Cities Library Fund Financial Condition. As of the end recently filed a petition in the Sacramento County of the first quarter, Library revenues are at 1% of Superior Court challenging the constitutionality of projections (consistent with the prior year) and the State's diversion of vehicle license fee (VLF) expenditures are at 37% (compared to 36% in the revenues through SB 89 and AB 118 as part of the prior year). fiscal year 2011/12 budget. Staff will continue to track any new developments in this area. In spite of Library Fund Budget* YTD Actual* Percent the State's takeaway of the City's VLF, we will Revenues $ 3,793,740 $ 54,457 1% continue to receive the property tax in-lieu of VLF Expenditures $ 3,977,425 $ 1,480,812 37% in February and June. Pending the outcome of the *Includes carryover purchase orders League's petition, revenues will come in at approximately 96% of budget by the end of the Property tax makes up approximately 85% of the fiscal year. Library Fund's budget (compared to 84% in the prior year) an amount that has increased as former Franchise Fees. We will not receive the largest revenues that use to come from the state have been components of franchise fee revenues — payments eliminated. As noted above, the first major from Southern California Edison and Southern apportionment of 2011/12 taxes will occur in California Gas Company — until April 2012. December 2011. The Library's property tax Franchise fees from other utilities are remitted revenues, however, also include a pass-through approximately 30 days after the end of each quarter. from the Redevelopment Agency. This pass- As such, no revenues have been received as of through represents approximately 39% of the September 30, 2011 for the current fiscal year, Library's property tax revenues and it is received in which is consistent with the prior fiscal year. May. P68 t City of Rancho Cucamonga Fiscal Year 2011/12 ♦'2y RANe r? First Quarter Budget Report Card Factors contributing to a slightly higher percentage expended/encumbered include the following: 1) some contracts cover the entire fiscal year and must be fully encumbered with a purchase order at the beginning of the fiscal year; and 2) certain overhead cost allocations are completely allocated at the beginning of the fiscal year, however, as of September 30, 2011 only 25% of the year was completed. FIRE DISTRICT Fire District Financial Condition. With 25% of the year complete, Fire District operating revenues are at 1% of projections (compared to 2% in the prior year) and expenditures are at 21% (compared to 22% in the prior year). Fire District Budget* YTD Actual* Percent Revenues $25,807,800 $ 690,415 3% Expenditures $25,872,547 $ 5,404,196 21% *Includes carryover purchase orders Property tax comprises approximately 82% of the Fire District's operating budget (compared to 85% in the prior year) which includes the General Fund, CFD 85-1, and CFD 88-1. The first major apportionment of taxes will occur in December. The Fire District's expenditures are on track as of the end of the first quarter. SUMMARY Overall, the City's operating budget for expenditures is performing well as of the end of the first quarter and is consistent with the prior year. As additional revenues are received during the second quarter, additional analysis can be performed on the revenue component of the City's operating budget. STAFF REPORT PUBLIC WORKS SERVICES DEPARTASENT RANCHO Date: November 2, 2011 CUCAMONGA To: Major and Members of the City Council John R. Gillison, City Manager Prom: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Keri Hinojos, Senior Buyer Subject: AUTHORIZE A SINGLE SOURCE CONTRACT WITH VORTEX INDUSTRIES, INC. FOR THE EMERGENCY PURCHASE AND INSTALLATION OF A TANDEM GATE SYSTEM FOR THE POLICE DEPARTMENT UNDERGROUND PARKING IN THE AMOUNT OF $30,000 TO BE FUNDED FROM ACCOUNT 1025001-5602 (CAPITAL RESERVE) AND APPROPRIATE $30,000 FROM CAPITAL RESERVE ACCOUNT FUND BALANCE RECOMMENDATION Staff recommends the City Council authorize the award of a single source contract to Vortex Industries, Inc. for the emergency purchase and installation of a tantlem gate system for the Police Department underground parking in the amount of $30,000 to be funded from account 1025001-5602 (Capital Reserve) and appropriate $30,000 from Capital Reserve account fund balance. The Police Department garage opening was originally designed and installed with a roll up door system. With the high volume of traffic going in and out of the garage (averaging 170,000 cycles per year), the life expectancy of the roll up system is two years and costs $17,000 to replace in addition to any repairs that need to be done in [he interim, which has been over $3,000 for the current door. The last door was installetl in July 2009. During a recent routine inspection/maintenance, it was discovered the main barrel shaft has been severed antl is at a very high risk of collapsing creating a severe public safety hazard and security risks. Untler the Rancho Cucamonga, California, Code of Ordinances, Chapter 3.06.070, the City Manager has the authority to forego the competitive procurement process under the conditions of an emergency. Due to the condition of the collapsing garage door, it has been determined a legitimate emergency situation. Staff is recommending Vortex Industries as a single source vendor. Vortex currently handles the repairs for the PD garage entry and has been doing business with the City for over 15 years. They have been consistently responsive and have provided good service. The proposed tandem gate system to be installed at the Police Department by Vortex will be custom fabricated to fit [he opening of the parking structure entrance. Time is of the essence. Vortex is able to perform the installation in 2-3 days due to their familiarity with the parking structure. Utilizing Vortex for fabrication and installation of the door will expedite removing the immediate public safety hazard and secure the underground parking structure. Therefore, staff recommends the single source selection of Vortex Industries for the emergency purchase, fabrication, and installation of a tandem gate system far the Police Department and appropriation of $30,000 from the Capital Reserve fund balance. Re ec Ily sybmitte William Wittkopf Public Works Services Director P69 WW'TY'kh P70 STAFF REPORT PLANNING DEPAAT\1ENT I RANCHO Date: November 2, 2011 CUCAMONOA To: Mayor and Members of the City Council John Gillison, City Manager From: James Troyer, AICP, Planning Director By: Thomas Grahn, Associate Planner Subject: NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY SALE DRC2010-00700T - CITY OF RANCHO CUCAMONGA - The sale of 9140 Candlewood Street acquired under the NSP Acquisition/Rehabilitation and Reuse activity for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. RECOMMENDATION: Staff recommends that the City Council approve the sale of 9140 Candlewood Street to the Pomona Valley Habitat for Humanity for occupancy by an income eligible household in the Low Income (LH25) category consistent with the US Department of Housing and Urban Development (HUD) Neighborhood Stabilization Program (NSP) guidelines. BACKGROUND: The Housing and Economic Recovery Act of 2008 (HERA) appropriated $3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the NSP. The City's NSP was approved by the City Council on November 5, 2008 and amended on February 17, 2010. The City's NSP contains two housing acquisition activities: Acquisition/Rehabilitation and Resale - First Time Homebuyer Program - The acquisition and rehabilitation of single-family and multi-family homes that will be sold to income eligible homebuyers. NSP guidelines restrict the income to 120 percent of the area median income. 2. Acquisition/Rehabilitation and Reuse -Affordable Housing Program -The acquisition and rehabilitation of single-family and multi-family homes that will be made available to low income housing providers who will rent or sell the units to income eligible tenants. NSP guidelines restrict the income to 50 percent of the area median income. Under HUD NSP regulations, 25 percent of the City's NSP appropriation must to this activity. During March 2010, staff began working with the National Community Stabilization Trust (NCST) for the acquisition of foreclosed and abandoned properties. The NCST is a Washington, DC based non-proft organization that facilitates the transfer of foreclosed and abandoned properties from financial institutions nationwide to local housing organizations to promote property reuse and neighborhood stability. The NCST was created to act as a middleman between cities looking to acquire abandoned properties and the lenders seeking to sell them. P7t CITY COUNCIL STAFF REPORT DRC2010-00700T-CITY OF RANCHO CUCAMONGA November 2, 2011 Page 2 All properties acquired under the City's NSP program were obtained through our participation with the NCST. Consistent with NSP guidelines, all acquired properties were vacant (either foreclosed or abandoned) and were acquired for a minimum 1 percent below their current appraised value. ANALYSIS: The City's NSP program has two separate activities, one being the Acquisition/Rehabilitation and Resale activity where acquired properties are sold directly to income eligible households earning up to 120 percent of the area median income (AMI). The other activity is the Acquisition/Rehabilitation and Reuse activity where acquired properties are transferred to a low income housing provider who then makes the units available to income eligible households earning up to 50 percent of the AMI. On July 30, 2010, the City acquired 9140 Candlewood Street for $257,400 under the City's NSP Acquisition/Rehabilitation and Reuse -Affordable Housing Program, which makes this property available to households earning up l0 50 percent of the AMI. This property is located on the north side of Candlewood Street, between Spinet Avenue and Lion -Street. The property contains asingle-story, four-bedroom, two-bathroom house totaling 1,351 square feet with an attached two-car garage. In~order to insure that the property is properly utilized and its disposition meets NSP regulations, staff recommends transferring the title to the Pomona Valley Habitat for Humanity at no cost, thereby making the properly available for purchase by an income eligible household. In addition to the transfer of title, the NSP program would also provide funds (approximately $32,000) towards habitability repairs of the property. The income eligible household must meet the following income limits. FV 2011 Very-Low Income Limits San Bernardino-Riverside-Ontario Metropolitan Statistical Area (MSA) Household 1-Person 2-Person 3-Peson 4-Person 5-Person 6-Person 7-Person 6-Person Size' Maximum $23,350 $26,700 $30,050 $33,350 $36,050 $38,700 $41,400 $44,050 Household Income 1. The 4 persons per household size is used to calculate the very low income limit. Once the final 4-person income limit has been establisheQ calculation of inceme limtts for other famiy sizes is straight-foiwaM. The 1-person family income limd is 70 percent of the 4-person inceme limit, the 2-person family income limit is BO percent, the 3-person family income limn is 90 percent, &person income limit Is 106 percent, the 6-parson family income limh is 116perwnf the 1-person homily inrnme limit is 124 percent, and the 8-person family inwme limit is 132 percent of the 4-person income limit For family sizes larger than 6 persons, the income limit can be calculated by adding an atld6ional 8 percent per person to the neM lower limit (e.g., a 9-person family income limh is 140 percent (132%+ a h), and so an.) 2. Maximum household income inGUtles income from all sources for all household members. Under the terms of the Purchase and Sale Agreement, Habitat for Humanity will rehabilitate the house and select the occupant/buyer. Habitat will provide a no interest loan to the eligible buyer secured by the Habitat Promissory Note and Habitat First Deed of Trust in the amount of the purchase price, less any down payment. The Habitat First Deed of Trust shall~be, and remain superior to any other financing of the property. Additionally, the eligible buyer shall execute a City P72 CITY COUNCIL STAFF REPORT DRC2010-00700T-CITY OF RANCHO CUCAMONGA November 2, 2011 Page 3 Promissory Note and City Second Deed of Trust, in favor of the City of Rancho Cucamonga. The City Second Deed of Trust securing the City Promissory Note shall be recorded against the property concurrentlywith the close of escrow. The City Second Deed of Trust shall be subordinate to the Habitat Deed of Trust on the property. Habitat for Humanity follows a standard procedure to build (or rehabilitate) and then occupy their houses. Once there is a signed contrail between the City and Habitat, their family selection committee will begin their search. The construction manager then begins the process of obtaining permits, having plans approved, securing materials, etc,.for their build. The volunteer coordinator begins scheduling volunteers from the community and surrounding neighborhood. Habitat will canvas the neighborhood, introduce their prgeil, and offer the community the opportunity to get involved. Once the house is complete, Habitat will have a house dedication, which is open to the public, and immediately allow the family to move in. Once the family moves in, Habitat will have the property appraised and then work out the selling price. In determining the selling price, Habitat must determine what the family can afford and follow HUD HOME guidelines, which limit the maximum housing cost (principle, taxes, insurance, and utility costs) to 30 percent of the household income. The attached documents provide: • Purchase and Sale Agreement: Details all aspeils of the purchase and sale of the property between the City of Rancho Cucamonga and the Pomona Valley Habitat for Humanity. This document essentially requires the buyer to buy and the seller to sell the property under specified terms and conditions. • Habitat Purchase Money Promissory Note: Specifies the terms and conditions for the purchase money loan between the City and Habitat. • Habitat Deed of Trust: Conveys the City's interest in the property to Habitat. • Grant Deed: Specifies that the City grants certain real property to Habitat. • Covenants, Conditions, and Restrictions (CC&Rs): Identifies the speck covenants, conditions, and restrictions applicable to ownership and operation of the property. • Habitat Promissory Note Secured by First Deed of Trust (Purchase Money Loan): Specifies the terms and conditions for the purchase money loan between Habitat and the eligible buyer. • Habitat First Deed of Trust: Deed of Trust between Habitat and the eligible buyer. • City Promissory Note Secured by Second Deed of Trust: Specifies the terms and conditions fpr the purchase money loan between the Cityznd~the eligible buyer. • City Second Deed of Trust: Deed of Trust between the City and the eligible buyer CITY COUNCIL STAFF REPORT DRC2010-00700T-CITY OF RANCHO CUCAMONGA November 2, 2011 Page 4 CONCLUSION: Staff recommends the approval of the following agreements through minute action, which will allow for the sale of 9140 Candlewood Street to the Pomona Valley Habitat for Humanity consistent with HUD's NSP guidelines and the City's NSP program. Res'p//e/J~ct~tf'.u~l~l~y~6s~lubmitted, Jam/~ R. Troye ~ ICP Planning Director JRT:TG/Is P73 Attachments: Exhibit A -NSP Acquisition/Rehabilitation and Reuse Activity Description Exhibit B -Purchase and Sale Agreement with attachments DRAFT PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is dated as of 2011, and is entered into by and between POMONA VALLEY HABITAT FOR HUMANITY, a Califomianon-profit corporation ("Buyer" or "Habitat"), and the CTTY OF RANCHO CUCAMONGA, a municipal corporation ("Seller" or "City"). RECITALS A. Seller has acquired the Property (as described and defined below) using federal funds (the "NSP Funds") dishibuted as part of the emergency assistance for the redevelopment of abandoned and foreclosed homes under Section 2301 et seq. of Title 3 of Division B of.the Housing and Economic Recovery Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, H.R. 1, as maybe further amended and supplemented from time to time (collectively, the "Act") and the Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for Emergency Assistance for- Redevelopment of Abandoned and Foreclosed Homes Developers under the Housing and Economic Recovery Act, 2008 issued by the Department of Housing and Urban Development ("HUD") and found ai the Federal RegisterNol. 73, No. 194/October 6, 2008/Notices, as the same may be amended, restated or supplemented (the "NSP Regulations"). The Act and the NSP Regulations are hereafter referred to wllectively as the "NSP Guidelines". This transaction is intended to comply with the provisions of the NSP Guidelines. B. Seller desires to sell the Property to Buyer and concurrently make a grant to Buyer from Seller's NSP Funds (the "Conditional Rehab Grant") to finance the cost of certain repairs and renovations to the Property, subject to and upon the teens and conditions hereinafter set Forth, including the requirement that Buyer shall diligently sell the Property in acwrdance with the CC&R's (as defined in Recital C below). C. In order to comply with the NSP Guidelines, Buyer and Seller must, among other things, execute, acknowledge and record against the Property, concurrently with the sale of the Property by Seller to Buyer hereunder, written "covenants, conditions and restrictions" in the form attached to the end of this Agreement as Exhibit "G" (the "CC&R's"). 1. PURCHASE AND SALE: PURCHASE PRICE SELLER FINANCING POST- CLOSING IMPROVEMENTS. 1.1 Purchase and Sale. Upon the terms and subject to the conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the ]and in the City of Rancho Cucamonga, County of San Bernazdino, State of California, described on Exhibit "A" attached hereto (the "Land"), together with Seller's interest in all buildings and other improvements thereon and Seller's interest in all fixtures, furnishings and other tangible personal property situated in or upon or used in connection with the operation or maintenance of the Property (collectively, the "Property"). The Property is located at 9140 Candlewood Street. 1 t EXHIBIT B P74 DRAFT 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be Two Hundred Fifty Seven Thousand Four Hundred Dollars and No/100 ($257,400.00), which shall be paid in accordance with the teens of a $289,400 promissory note in favor of the Seller described in Section 1.3 below, which includes the purchase price (deemed outstanding as of the close of escrow) and also a sum of up to $32,000 less al] of Seller's closing costs (i.e, escrow costs, title insurance costs and other costs in connection with the sale and conditional b>rant) for the Conditional Rehab Grant (the "Rehab Conditional Grant Amount"), which will be disbursed in accordance with Section t.4 below. 1.3 Purchase Monev Financine from Seller. Buyer shall execute and deliver to Seller, through Escrow, a promissory note in the form attached hereto as Exhibit "B" (the "Habitat Purchase Money Note"), which shall be secured by a deed of trust on the Property in the fomr of Exhibit "C" executed and acknowledged by Buyer, delivered to Escrow and recorded at the Close of Escrow (the "Habitat Deed of Trust"). The Habitat Purchase Money Note shall not require installment payments of principal or interest, but shall be due and payable only upon default by Habitat on this Agreement, the Habitat Purchase Money Note, or the Habitat Deed of Trust. The Habitat Purchase Money Note shall be cancelled and the Habitat Deed of Trust reconveyed upon compliance with the terms of Section 8.6 of this Ageement. 1.4 Conditional Secured Rehab Grant from NSP Funds. City shall disburse portions of the Rehab Conditional Grant Amount under the Habitat Purchase Money Note from the Seller's NSP Funds from time to time, but not more often than once every 30 days, after receipt of a written request for disbursement from Buyer describing the amount requested, and the costs that it is intended to pay, copies of applicable invoices for the work, appropriate mechanics lien releases (i.e., conditional for the current month of invoices and unconditional for all prior invoices and made for which funds were previously disbursed) and such other reasonable and customary construcfion loan disbursement conditions as maybe imposed by Seller. 1.5 Buver Repairs and Renovations. Buyer shall complete the work described on Exhibit "D" attached hereto on or before , 20_, but in any event prior to reselling the property. 2. TITLE. 2.1 General. Title to the Property shall be conveyed by Grant Deed in the form attached hereto as Exhibit "E" and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Section 2.3 below) (the "Title PoBcy") issued by Chicago Title Insurance Company, 535 N. Bedford Blvd., 3rd Floor, Glendale, CA 91203; Title Officer Mary Distin/818-584-0222 ("Escrow Holder" or "Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (the "Approved Title Exceptions"): (a) Assessments not yet due and payable; (b) The Habitat Deed of Trust; P75 9140 Candlewood -PmcM1ase Sale Agmt I 1-2.doc DRAFT (c) The CCBcR's; (d) Items 1 through 8 of Schedule B of the Preliminary Report dated Mazch 21, 2011 issued.by the Title Company under Order No. 116076927-A43, providing that al] taxes and assessments shall be prorated as of the Close of Escrow. 2.2 Option for ALTA Coveraee. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance. In such event, Buyer shall, at its expense, procure an ALTA survey (the "Survey") and the cost of the ALTA extended coverage shall be borne by Buyer. DOCUMENT DUE DILIGENCE: LEAD DISCLOSURES. 3.1 Seller Documents. Seller shall make available to Buyer for espying, at Buyer's expense, any and all non-privileged material documents in Seller's possession pertainingto the Property. 3.2 Lead Paint Disclosure. Seller represents that the dwelling was constructed on the real property before 1978 and acknowledges receipt of [he form attached as EXHIBIT "F" (LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978). 4. ESCROW. 4.] Escrow Instructions. This Agreement shall constitute escrow instructions and Buyer and Seller shall deposit a copy of this executed Agreement (or copies of executed counterparts) with the Escrow Holder within two (2) business days after the execution of this Agreement. 4.2 Escrow. Buyer and Seller shall promptly open escrow with Esaow Holder. If Esaow Holder shall require further escrow instructions, Escrow Holder shall promptly prepaze such esaow instructions on its usual form for the purchase and sale of the Property provided such further esaow instructions aze consistent with this Agreement. The fiudter escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this Ageement and such further escrow instructions, the terms and conditions of this Agreement shall control. 4.3 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed on or before close of escrow have been performed and al] the conditions to the close of escrow set forth in this Agreement have been satisfied, esaow shall close on or before December 7, 2011 ("Closing Date"). If the closing does not occur by the Closing Date for any reason, then subject [o Section 23 hereof, any party not then in default may terminate this Agreement by written notice to the other (and if such terminating party is the Buyer, or neither Seller nor Buyer is in default, then the Deposit and any interest thereon shall be returned to the Buyer). All risk of loss or damage (arising after the Closing Date) with respect to the Property shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of esaow. P76 9140 ('avdlewood -Purchase Sale Agmt I 1-2.doc DRAFT 4.4 Buver's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): (a) The City Deed of Trust; (b) The CC&R's; (c) Al] other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. Buyer shall deliver the executed Habitat Purchase Money Promissory Note directly to Seller. 4.5 Sellers Deliveries. Before the close of escrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable) and deliver copies thereof (mazked "copy") to Buyer: (a) The Grant Deed conveying the Property to Buyer; (b) Unless Seller is exempt from withholding, anon-foreign affidavit from Seller certifying that Seller is not a "foreign persoq" "foreign estate," "foreign corporation" or "foreign partnership" or any other foreign entity as such terms aze defined in Section 1445 of the Internal Revenue Code and the income tax regulations promulgated thereunder; and (c) Any other documents contemplated by this Agreement or reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.6 Conditions to the Close of Escrow. Buyer's obligation to proceed with the transaction contemplated by this Ageement is subject to the satisfaction of all of the following conditions precedent, which aze far Buyer's benefit and maybe waived only by Buyer: (a) Title Company shall have issued or shall have committed in writing to issue the Title Policy to Buyer in the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to the Approved Title Exceptions: and (b) Seller shall not be in default under this Agreement. Seller's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which aze for Seller's benefit and maybe waived only by Seller: (a) Seller shall have been provided by Buyer with reasonable evidence (such as certificates of insurance) that Buyer has obtained al] of the insurance required by Secton 5 of the City Deed of Trust; (b) Buyer shall not be in default under this Agreement. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the wnditions to close of escrow aze not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: P77 9140 Candlewood -Purchase Sale Agmt I7-?.doc DRAFT (a) This Ageement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein; and Escrow Holder, upon such temrination, is hereby instructed to promptly return to Buyer [the Deposit and other] funds (and al] interest accrued thereon) and documents deposited by Buyer in escrow, and to retum to Seller al] funds and documents deposited by Seller in escrow and which aze held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, the amount of any cancellation chazges required to be paid by such party under Section4.10 below). 4.7 Recordation of Grant Deed: Delivery of Funds. Upon receipt of the funds and instruments described in Uric Section 4, Escrow Holder shall cause the Grant Deed, Habitat Deed of Trust and then the CC&R's to be recorded in the office of the County Recorder of San Bemazdino County, California, and Escrow Holder shall deliver the proceeds of this escrow (less any appropriate chazges) to Seller by wire transfer to Seller pursuant to written wire transfer instructions to be delivered by Seller to Escrow Holder. 4.8 Prorations. All taxes and assessments, if any, levied or assessed on or against the Property shall be prorated as of [he Closing Date. At the Closing, Buyer shall receive a credit .against the Purchase Price equal to all accrued and unpaid taxes and assessments as of the Closing Date (including, without ]imitation, all taxes and assessments attributable to the yeaz prior to the Closing but not payable anti] after the Closing and al] taxes and assessments attributable to the yeaz in which the Closing occurs but not payable until the following yeaz). The credit for accrued taxes and assessments for which bills have not been issued as of the Closing Date shall be based oa the then most recent taxes and assessments (and any known increases or decreases). Taxes and assessments shall be reprorated between Seller and Buyer at the time of issuance of the actual bills therefore and payment of any adjustment based on such reproration shall be paid by the party owing the other based oa such adjustment within fifteen (I S) days after receipt by such party of copies of the applicable bills. This obligation to reprorate shall survive the Closing. Seller is exempt from property taxes. 4.9 Costs. Buyer shall pay the cost of all endorsements to the Title Policy. Seller shall pay recording charges, all of the escrow fees and documentary transfer taxes,in connection with the recordation of the Grant Deed, and the cost of CLTA owner's title wverage. 4.10 Escrow Cancellation Chazees. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation chazges. In the event that the escrow shall fail to close for any other reason, Seller shall pay all escrow and title cancellation chazges. 4.11 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Ageemeat, or to its knowledge is in any way connected with such transaction. Each party agees to indemnify, defend, protect and hold harmless the other and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similaz person or entity arising from or in connection with 5 9140 Candlewood -Purchase Sale Agmt 1 I d.doc P78 DRAFT the sale of the Property under this Agreement and based on communications or agreements with the indemnifying party. 5. AS-IS SALE: REPRESENTATIONS AND WARRANTIES. 5.] No Side Agreements or Representations. Except for the express representations and warranties herein, no person acting on behalf of Seller is authorized to make, and by execution hereof, Buyer acknowledges that no person has made, any representation, ageement, statement, warranty, guazantee or promise regarding the Property or the transaction contemplated herein or the zoning, construction, physical condition or other status of the Property (including, without ]imitation, the presence, absence, condition or status of any Hazardous Materials or compliance with any Hazardous Materials Laws, or such capitalized terms are defined in Section 5.3 below). No representatioq warranty, agreement, statement, guarantee or promise, if any, made by any person acting or purporting to act on behalf of Seller which is not contained in this Agreement or in any amendment hereto will be valid or binding on Seller. 5.2 Buver Inspections. Buyer hereby represents and warrants to Seller that Buyer has thoroughly inspected the Property. Seller shall not make any improvements or alterations to the Property unless this Ageement is terminated. 5.3 AS IS CONDITION; RELEASE. BUYER ACKNOWLEDGES AND AGREES THAT, SELLER, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESEN7 OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, AND COMPLIANCE WITH ANY ENVIRONMENTAL LAWS OR THE PRESENCE, ABSENCE, CONDITION OR STATUS OF ANY HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS, AND THAT SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS OR REMEDIATE ANY HAZARDOUS MATERIALS. BY INITIALING BELOW, THE BUYER ACKNOWLEDGES THAT (i) THIS SECTION 5.2 HAS BEEN READ AND FULLY UNDERSTOOD, (ii) THE BUYER HAS HAD THE CHANCE TO ASK QUESTIONS OF ITS COUNSEL ABOUT ITS MEANING AND SIGNIFICANCE, AND (iii) THE BUYER HAS ACCEPTED AND AGREED TO THE TERMS SET FORTH IN THIS SECTION 5.3. BUYER'S INITIALS P79 9140 Candlewood -Purchase Sale Agmt 11-2.doc DRAFT Buyer waives and releases as of the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release of hazardous materials or substances). To the extent of such waiver and release, and excluding fraud, Buyer expressly waives its rights, if any, under California Civil Code Section 7 542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR'AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BUYER'S INITIALS 5.4 Certain Definitions. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof. any hazardous substance, pollutant, wntaminant, waste, by-product or constituent regulated under the Comprehensive Environmemal Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sett ;oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et ~; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nucleaz Waste Policy Act of 1982; chemicals subject to the OSHA Hazazd Communication Standazd, 29 C.F.R. Section 1910.1200 et sec; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sue.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.6(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and roles in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et sec ;the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et ~; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et ~; the National Environmental Policy Act, 42 U.S.C. Section 4321 et sue; the Noise Control Act, 42 U.S.C. Section 4901 et ~; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sue; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.SC. Section 300f et sue; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.5.C. Section 9601 et sue; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic P80 9140 Cand7ewood -Purchase Sale Agmt 11-2.doc DRAFT Substances Control Act 15 U.S.C. Section 2601 et ~; the Atomic Energy Act, 42 U.S.C. Section 2011 et sue; and the Nuclear Waste Policy Act of 1982.42 U.S.C. Section 10101 et seg; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to Close of Escrow, any material portion of the Property is taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretioq to terminate this Agreement upon written notice to Seller given not later than ten (] 0) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entilled to receive and keep, al] awazds for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shat] take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 6.2 If any material portion of the Property is materially damaged or destroyed due to any cause, natural or otherwise, including, without limitation: (i) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (ii) a material violation of any Environmental Laws known to Seller, Seller shall immediately notify Buyer of such fact (the "Seller Damage Notice"). In such event, Buyer or Seller may terninate this Agreement upon written notice to the other given within ten Q 0) days after Seller gives the Seller Damage Notice. If neither party terminates this Agreement, then Seller shall assign and tum over, and the Buyer shall be entitled to receive and keep, any insurance proceeds paid to Seller in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement, and Buyer shall use any such payments and proceeds to promptly and diligently repair the damage and shall provide Seller with evidence thereof promptly after written request from Seller from time to time (and the foregoing obligations shall survive [he close of escrow). Al] exhibits attached hereto and referred to herein aze incorporated in this Agreement as though fully set forth herein. 8. RESALE OF PROPERTY TO ELIGIBLE HOUSEHOLD. 8.1 General. Within sixty (60) calendaz days after completion of the rehabilitation of the Property and issuance of a certificate of occupancy by Seller (as approved by the City), Habitat shall sell the Property to An Eligible Household upon the terms and conditions required by this Agreement. Habitat will cause the mazketing of the Property to prospective purchasers in P87 9140 Candlewood -Purchase Sale Aynnt I1-2.doc DRAFT the manner customary for Habitat for Humanity Affiliates. Habitat will screen prospective purchasers for eligibility in accordance with this Agreement. 8.2 Resale Restrictions. To ensure affordability, the Habitat shall, impose resale restrictions on the Property sold to an Eligible Household at an affordable housing cost under this Agreement which shall run with the land and ensure that if the residential unit is sold, transferred, refinanced, or otherwise assigned to another, that resale shall be to another Eligible Household as defined in the CC&R's. The restrictions required under this Section shall be imposed through the execution by the Eligible Household of [he CC&R's attached hereto as Exhibit "G," and the recordation of such executed CCR's at the close of the Eligible Household Escrow. 8.3 Affordable Purchase Price. The Property shall be sold at an affordable purchase price ("Affordable Purchase Price"). The Affordable Purchase Price must result in an affordable monthly housing cost to the Eligible Household which does not exceed 30% of the Eligible Household's monthly income. Monthly housing cost shall include mortgage principal, mortgage interest, taxes, insurance, and a reasonable allowance for utilities. 8.4 Elitdble Household Requirements. To be eligible as an Eligible Household, each prospective homebuyer must be a person(s) or family who previously resided in the City of Rancho Cucamonga for at least one (1) yeaz (as verified by Developer based on reasonable evidence provided by the household) whose annual income does not exceed fifty percent (50%) of azea median income for San Bernardino County. 8.5 Habitat Financine. Habitat will provide a no interest loan to the Eligible Household secured by the "Habitat Promissory Note" and "Habitat First Deed of Trust" in the amount of the Affordable Purchase Price less any down payment. The Habitat Promissory Note and Habitat First Deed of Trust shall be in the form attached hereto as Exhibit "H" and Exhibit "I" respectively. The Habitat First Deed of Trust shall be, and remain superior to any other financing of the Property. The Habitat Promissory Note and Habitat First Deed of Trust shall be subject to the default, foreclosure, equity sharing and other provisions of the CC&R's. 8.6 Ciri Financine. Each Eligible Household that acquires a Property for an Affordable Purchase Price which is less than the Fair Mazket Value of the Property or receives assistance through the City's NSP funds shall execute a "City Promissory Note" and "City Secoud Deed of Trust" in favor of the City, in the form attached hereto as Exhibit "J" and Exhibit "K", respectively. The City Second Deed of Trust securing the City Promissory Note shall be rewrded against the Property concurrently with the close of the Eligible Household Escrow. The City Second Deed of Trust shall be subordinate to the Habitat Deed of Trust on the Property. P82 9140 Candlewood -Purchase Sale Agmt l l-2.doc DRAFT The City Promissory Note shall be in the amount of Two Hundred Fifty Seven Thousand Four Hundred and No/100 Dollars ($257,400.00) plus the disbursed portions of the Conditional Rehab Grant. The City Promissory Note shall be a "silent second" and no installment payments shall be due on the City Promissory Note, except in accordance with the terms of the CC&R's. The City Promissory Note and City Second Deed of Trust shall be subject to the default, foreclosure, equity sharing and other provisions of [he CCR's, City Promissory Note and City Second Deed of Trust. At the time of the close of escrow conveying the Property to the Eligible Household City shall deliver the Habitat Promissory Note, marked "paid in full" and signed by City to escrow for delivery to Habitat. At the same time City shall execute and deliver to escrow a fully executed and notarized recoaveyance of the Habitat Deed of Trust which shall be recorded at the closing of escrow conveying the Property to the Eligible Household. 8.7 Eligible Household Escrow; Schedule of Performance. Upon approval of an Eligible Household for the purchase of the rehabilitated Property, Developer shall cause an escrow ("Eligible Household Escrow") to be opened with the approved prospective purchaser and will take al] steps necessary to ensure a timely close of the Eligible Household Escrow. The Eligible Household Escrow must close in accordance with Section 8.1 above. Failure to close any Homebuyer Escrow within such period shall constitute a default under this Agreement. Habitat shall be responsible for ensuring that the Eligible Household executes the City Promissory Note, City Second Deed of Tmst, and Declazation and that the City Second Deed of Trust and Declazafion aze rewrded against the Property concurrently with the close of the Eligible Household Escrow. 9. ATTORNEYS' FEES. In the event of a dispute between Buyer and Seller regazding any of the terms and provisions of this Agreement, or the transaction described herein, or any action to enforce the terms of this Agreement, the prevailing party N such action shall be awazded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 10. NOTICES. Al] notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class certified mail, postage prepaid, return receipt requested, or sent by a nationally rewgnized courier service such as FedEx, addressed to the parties as follows: To Seller: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attention: City Manager P83 10 9140 Candlewood -Purchase Sale Agmt I7-2.doc DRAFT With a Copy To: Richazds, Watson and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Attention: Bruce W. Galloway, Esq. To Buyer: Pomona Valley Habitat for Humanity 2111 Bonita Avenue La Veme, CA 91750 Attention: Jody Gmeiner, President (CEO) To Escrow Holder/ Title Company: Chicago Title Insurance Company c/o Chicago Title Escrow Services 535 N Bedford Blvd, 3`d Floor Glendale, CA 91203 Attention: Mary Distin, Title Officer Title Order No. 116076927-A43 Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by certified mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided. 11. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without the prior, written consent of the City Manager. 12. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 13. ENTIRE AGREEMENT. This Agreement contains all of the ageements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters aze merged herein and shall not be effective for any purpose. No provision of this Agreement maybe amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 14. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 15. COUNTERPARTS. P84 11 9740 Candlcwood - PurcM1ase Sale Agmt 71-'2.doc DRAFT This Agreement maybe executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Furthermore, executed counterparts of this Agreement maybe delivered by facsimile or other reliable electronic means (including emails of pdf documents), and such facsimile or other electronic transmission shall he valid and binding for all purposes when transmitted to and actually received by the other party. Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party with an original, hard copy of [he relevant signed documents promptly after the request of the other party. 16. SURVNAL. Any provision hereof which is executory as of the Closing Date and al] representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 17. TIME OF THE ESSENCE. Time is of the essence of each and every provision of this Agreement in which time is a factor (including, without limitation, Section 1.5). 18. THIRD PARTIES. Nothing contained in this Agreement, express or implied, is intended to confer upon any persoq other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 19. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perforr its obligations under this Agreement In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (] 0) business days after the party giving such notice becomes awaze of such invalidity, illegality or unenforceability. Tn the event of such termination, all funds deposited with Esaow Holder by Buyer and any imerest accrued thereon shall be remmed to Buyer. 20. ADDITIONAL DOCUMENTS: FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that maybe reasonably necessary to carry out the provisions of this Agreement. 21. CITY AS SELLER. Buyer acknowledges that Seller is entering into this Agreement in its proprietary capacity such that neither the provisions of this Agreement nor any consent or approval given by Seller under this Agreement, shall waive or modify any of Seller's rights in its governmental capacity. 22. AMENDMENTS. P85 12 9140 Cendlewood -Purchase Sele Agm[ I I =!.doc DRAFT The City Manager of Seller shall have the right to enter into amendments of this Agreement on behalf of Seller without the approval of the City Council provided that such amendments do not decrease the amount of the Note, or otherwise materially affect any of the economic teens of this Agreement (provided that the City Manager shall have the right to reasonably extend the deadline for the Close of Escrow or the Due Diligence Period). 23. INDEMNIFICATION. Buyer shall indemnify, defend (with legal counsel selected by Seller) and hold Seller and its appointed officials, officers, employees, agents and consultants harmless from and against any and all claims, losses, liabilities, actions, judgments, costs and expenses relating directly or indirectly to the Property or Buyer's acts or omissions with respect thereto and which arise after the Close of Escrow. This Section shall survive the Close of Escrow. 24. SELLER DEFAULT; NO DAMAGES In the event Seller defaults under this Agreement, Buyer shall not be entitled to damages but, at its option and as its sole remedies, may either: (a) terminate this Agreement in which event Seller shall reimburse Buyer for all costs and expenses incurred by Buyer in negotiating and undertaking the transactions contemplated hereby and investigating the Property, including, without limitation, all costs associated with the investigations and other activities described or contemplated under Section 3.3 above; or (b) specifically enforce this Agreement, by legal action or otherwise. In the event of a default by Seller of which Buyer is not awaze prior to Closing, including, without limitation, a breach of any representation or warranty not discovered until after Closing, Buyer shall be entitled to exercise any and all rights and remedies at law or in equity. 25. GOVERNING LAW; VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws principles or rules). All legal actions under, or in connection with this Agreement shall be filed and maintained by Buyer and Seller in courts located in San Bernazdino County. 26. BUSINESS DAY. If the final day of any period or any date of performance (including the Due Diligence Period) under this Agreement falls on a Saturday, Sunday or legal holiday, then the final day of the period or the date of such performance shall be extended to the next business day. ~'.. P86 13 9140 Candlewnnd -Purchase Sale Agmt i 1=?.doc DRAFT IN WITNESS WHEREOF, the pazties hereto have executed [his Agreement as of the day and yeaz first above written. BUYER: POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation sy: Jody Gmeiner Chief Executive Officer SELLER: CITY OF RANCHO CUCAMONGA, a municipal corporaton By: L. Dennis Michael Mayor APPROVED AS TO FORM: Richazds, Watson & Gershon By: City Attorney Attest: Jan Reynolds, City Clerk P87 14 9140 Candlewood -Purchase Sale Agmt 11 +.doc DRAFT EXHIBIT "A" DESCRIPTION OF THE LAND LOT 68 OF TRACT NO. 6866, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED EV BOOK 93 PAGES 16 THROUGH 19 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P88 A-1 9140 Candlewood -Purchase Sale Agmt I I-2.dnc DRAFT EXHIBIT "B" FORM OF HABITAT PURCHASE MONEY PROMISSORY NOTE HABITAT PURCHASE MONEY PROMISSORY NOTE SECURED BY DEED OF TRUST $289,400 Rancho Cucamonga, California ,2011 Borsower and Lender have entered into that certain Purchase and Sale Agreement dated 2011 between Lender, as seller, and Borrower, as buyer (the "Agreement") for the purchase, rehabilitation and resale of certain real property in the City of Rancho Cucamonga, Califomia. FOR VALUE RECEIVED, POMONA VALLEY HABITAT FOR HUMANITY a Califomia nonprofit corporation ("Borrower') hereby promises to pay to the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Lender"), or order, the principal amount of TWO HUNDRED EIGHTY NINE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($289,400.00), which includes the Purchase Price of $257,400 plus an amount of up to $32,000 to be distributed to Borrower in accordance with the Conditional Rehab Grant, all as described in the Agreement, plus interest as provided below. This Promissory Note Severed by Deed of Tmst (the "Promissory Note") is delivered (and is to be performed) as payment of the purchase price and Conditional Rehab Grant in accordance with the Ageement. 1. Commencing on the date hereof, principal hereunder shall accrue simple interest at the rate of three percent (3%) per annum. 2. There are no installment payments due under this Promissory Note. All principal and accrued interest shall become due and payable on the eazlier of the occurrence of a default under the Pmchase Agreement or this Promissory Note Secured by Deed of Trust. The outstanding principal may not be prepaid. 4. Al] sums payable under this Promissory Note aze payable to Lender at 10500 Civic Center Drive, P.O. Box 807, Rancho Cucamonga, Califomia 91729-0807, or at such other place as the Executive Director of Lender may inform the Borrower in writing, in lawful money of the United SCates. 5. The Borsower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of al] waivable exemptions; and al] defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under [his Note, in whole or in part, whether before or after maturity and with or without notice. P89 B-1 9140 Candlewood -Purchase Sale Agmt I t-2.d°° DRAFT 6. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees; which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 7. This Promissory Note is secured by a Deed of Trust With Assignment of Rents, Security A~eement and Fixture Filing dated , 2011 executed by Borrower, as trnstor, in favor of Lender, as beneficiary. Section 24 of the Deed of Tmst provides that if the real property described in the Deed of Trust, or any portion thereof or interest thereiq is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declaze the principal of this Promissory Note and all accrued interest immediately due and payable. 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. 9. This Promissory Note shall be cancelled and returned to Borrower upon the conveyance of the Property from Borrower to,an Eligible Household pursuant to the provisions of section 8.6 of the Agreement. ]0. The Promissory Note shall be governed by the laws of the State of California. By: BORROWER: POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation Jody Cnneiner Chief Executive Officer P90 B-2 9140 Candlewood -Purchase Sale Agmt I7 ? doc DRAFT EXHIBIT "C" FORM OF HABITAT DEED OF TRUST Recording Requested By, and When Recorded Mail To: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk APN: 208-451-12-0-0000 recording fee pursuant m Govemmmt Code Swdov?'1383. HABITAT DEED OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRUST is dated as of , 2011, and is executed by POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation ("Trustor°), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as trustee ("Trustee"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation, as beneficiary ("Beneficiary"). Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale, and right of entry and possession, all of Tmstor's interest in that land in the County of San Bernardino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authoriTy hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, bath mbs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerators, whether mechanical or otherwise, cooking appazatus and appurtenances, and al] shades, awnings, screens, blinds and other furnishings, it being hereby agreed that al] such fixtures and frunishings shall to [he extent permitted by law be deemed to be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and C-1 9140 Candlewood -Purchase Sale Agtnt I I ?.riot P91 DRAFT Together with all articles of personal property owned by the Tmstor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the ]ands described which are necessary for the comfortable use and occupancy of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or fiunished in operating affordable housing, or the activities conducted therein, similaz to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of a contingent obligation of the Trustor to the Beneficiary in the principal sum of $289,400.00 as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Tmstor in favor of Beneficiary, and al] modifications, amendments and restatements thereof (the "Purchase Money Note") and which evidences a conditional grant; and any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions Affecting Real Property (including Resale Restrictioa, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That i[ timely perform each and every covenant contained in (and otherwise comply with) the Purchase Money Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Rewrds of San Bernardino County, California (collectively the "Agreements"), it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof aze not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Trustor and Beneficiary dated , 2011. 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the Nate. Permission is hereby given to Tmstor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Ageements, Beneficiary shall be entitled to the appointment of a receiver by any court havingjudsdiction, without notice, to take possession and protect [he Property and operate same and collect the rents, profits and income therefrom; 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as P92 C-2 9140 Candlewood -Purchase Sale Agmt I I -?.doc DRAFT may be required from time to time by the Beneficiary (earthquake insurance not required), and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred (100%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, chazges and liens, with interest, on the Property or any part thereof which appeaz to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials famished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon; not to willfully commit or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; S. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appeaz; 9. Should Tmstor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Tmstor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appeaz in and/or defend any action or proceeding purporting [o affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, chazge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; ] 0. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of (i) the maximum rate permitted by applicable law; or (ii) ten percent (10%) per annum; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or constrnction of any and al] improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (] 0) days of Trnstor's receipt of notice of the lien or liens. Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or P93 C-3 9140 Candlewood-PuroM1ae Sale Agrm 11-2.doc DRAFT amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and al] plans and specifications, comply with al] municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: 14. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to all compensation, awazds, and other payments or relief therefore, and shall be entitled at its option to commence, appeaz in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awazds, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, aze hereby assigned to the Beneficiary subject to the rights of the holder of any deed of bust that is senior to this Deed of Trust. After deducting therefrom al] its expenses, including attorneys' fees, and if Tmstor is not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the event of Trustor's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Ageements, the Beneficiary may (but shall no[ be obligated to) declaze all sums evidenced by the Note immediately due and payable by delivery to Trustee of written declazation of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this Deed of Trust in the manner provided by law. )n such event, Beneficiary shall also deposit with Trustee this Deed, the notes and all documents evidencing expenditures secured hereby; 16. After the ]apse of such time as may then be required bylaw following the recordation of the notice of default, and notice of sale having been given as then required bylaw, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in sepazate pazcels, and in such order as it may determine at public auction to the highest bidder for cash in ]awful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may P94 C-4 9140 Candlewnod -Purchase Sale Agmt 71-?.doc DRAFT purchase at the sale. The Tmstee shall apply the proceeds of sale to payment of (1) the expenses of such sale, together with the reasonable expenses of this tmst including therein reasonable Trustee's fees or attorneys' fees for conducing [he sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (Z) the cost of any seazch and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the notes; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Tmst. Upon such appointment, and without conveyance to the successor Tmstee, the latter shall be vested with all title, powers, and duties conferred upon any Tmstee herein named or acting hereunder. Each such appointment and substitution shall be made by written instmment executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in theproper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and al] obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that al] obligafions secured hereby have been performed, and upon surrender of [his Deed of Tmst to Tmstee for cancellation and retention and upon payment of its fees, Trustee shall rewnvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the tmthfulness thereof. The grantee in such reconveyance maybe described as "the person or persons legally entitled thereto." Upon a transfer of the Property from Tmstor to an Eligible Household in accordance with the terms of section 8.6 of the Purchase and Sale Agreement entered into between Tmstor and Beneficiary dated , 2011, Tmstor shall be entitled to a reconveyance of this Deed of Tmst; 20. The tmst created hereby is irrevocable by Tmstor; 21. This Deed of Tmst applies to, inures to the benefit of, and binds al] parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singulaz number includes the plural; 22. Tmstee accepts this Tmst when this Deed of Trust, duly executed and acknowledged, is made public record as provided bylaw. Except as otherwise provided bylaw the Tmstee is not obligated to notify any party hereto of pending sale under this Deed of Tmst or of any action of proceeding in which Tmstor, Beneficiary, or Tmstee shall be a party unless brought by Tmstee; P95 GS 9140 Candlewood -Puvohaze Sale Agmt 114.doc , DRAFT 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address provided in the Purchase and Sale Agreement, or to such other address as Trustor may provide in writing to Trustee from time to time. 24. All principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security Agreement and a "fixture filing" as defined in the California Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in al] goods which aze or aze to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this Deed of Trust. The products of such collateral aze also covered hereby. This Deed of Trust, as a fixmre filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from time to fime in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occurrence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as al] other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary ogee that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of inwme therefrom is and, at al] times and for all purposes and in al] proceedings, both legal and equitable, shall be regarded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers aze used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at any time. Such mention in the financing statement is declazed to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Uniform Commercial Code records to be effective against a particulaz class of persons, including, but not limited to, the federal govemment and any subdivisions or entities of the federal government. (Silmature page follows) P96 C-6 9140 Candlewood- PurcM1ase Sale Agmt I l-2.doc DRAFT IN WITNESS WHEREOF the Trustor has executed this Deed of Trost as of the day and yeaz set forth above. By: TRUSTOR: POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation Jody Gmeiner Chief Executive Officer P97 C-7 9140 Candlewood-PurcM1ase Sale Agmt 11 ~.doc DRAFT ACKNOWLEDGMENT State of Califomia County of On personally appeared before me, (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/[heir authorized capacity(ies), antl that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and offcial seal. Signature of Notary Public (Seal) ACKNOWLEDGMENT Stale of Califomia County of On personally appeared before me, (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be [he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislher/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of [he State of Califomia that the foregoing paragraph is true and coned. WITNESS my hand and offcial seal. Signature (Seal) Signature of Notary Public P98 C-$ 9140 Candlewood -Purchase Sale Agm[ 7 I -2.doc DRAFT EXHIBIT "A" DESCRIPTION OF THE LAND LOT 68 OF TRACT NO. 6866, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINQ, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 93 PAGES 16 THROUGH 19 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P99 C-9 9140 Candlewood -Purchase Sale Agmt I I-?.doc DRAFT EXHIBIT "D" DESCRIPTION OF REPAIRS AND RENOVATIONS Pomona Vall}ey e ~ ~~`~~ f®r Numanity° wwu'.nabitapv.orc Estimated cost of repairs for the rehab house located at 9140 Candlewood Street, Rancho Cucamonga. Pro'ect Estimated Cost Re lace Window with double aned ener efficient windows $6,000 Re lace fascia boards around entire house $1,500 Re lace water heater $1,000 Landscapinglincluding clean up and sprinkler system (draught tolerant plants) This will include sluff wall in the rear and at the base of the slope $6,700 Paint inside and outside $7,000 New closet doors $800 Possible termite/d rot $2,000 Misc. lumbin /electrical $3,000 Concrete flatwork $5,000 Misc./Unforseen $5,000 New HVAC unit $5,000 Total estimated cost $43,000 9140 Candlewood -Purchase Sale Agm[ I 1-?.doc D-1 P100 DRAFT EXHIBIT "E" FORM OF GRANT DEED WHEN RECORDED RETURN TO Pomona Valley Habitat for Humanity 2111 Bonita Avenne Laverne, CA 91750 Attn: Jody Gmeiner (CFA) THE AREA ABOVE IS RESERVED FOR RECORDER'S USE No recording fee required; this document exempt from fee pursuant to Section 27383 of the California Government Code GRANT DEED For a valuable wnsideration, receipt of which is hereby acknowledged. THE CITY OF RANCHO CUCAMONGA, a California Municipal Corporation ("Grantor"), acting [o carry out the City of Rancho Cucamonga Acquisi[ion/Rehabilitation and Reuse ("ARR") activity adopted pursuant to the Neighborhood Stabilization Program enacted by the United States Legislature as part of the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289, adopted July 3Q 2008), as of , 2011, hereby grants to Pomona Valley Habitat for Humanity, a California non-profit corporation ("Grantee"), that certain real property described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). I. The Grantee covenants and agrees to use, occupy and maintain the Property only for the acquisition, rehabilitation, and resell of Property to a Qualified Homebuyer approved by the City, all in accordance with the terms and conditions set forth in the certain Purchase and Sale Agreement, dated , 2011 ("Agreement"), the Affordable Housing Covenants, Conditions and Restrictions Affecting Real Property ("Declazation"), and other requirements as set forth herein and therein. All terms used herein shall have the meanings set forth in the Agreement and Declazation. 2. Developer covenants and agrees to comply with all of the covenants contained in the Agreement, Declazation and those contained herein 3. The Grantee covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or goup of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property herein conveyed, nor shall the Grantee itself or any person claiming under or through it establish or permit any such E-1 P101 9140 Candlewood - Purchue Sale Agmt I I-2.doc DRAFT practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. Al] deeds, ]eases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clauses: a. In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns and al] persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the ]and herein conveyed, nor shall the Grantee himself or herself, or any person claiming under or through him or her, establish or permit any such pmctice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The forgoing covenants shall run with the land." b. In leases: "The Lessee herein wvenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segegation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transfemng, use of occupancy, tenure or enjoyments of the land herein ]eased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices if discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." c. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, wlor, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land." 4. No violation or breach of the covenants, conditions, restrictions, provisions or limitation contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or chazge of any mortgage, deed of trust or other financing or security instrument permitted by the DDA; provided, however, that any successor of Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. P702 E-2 9140 Candlewood -Purchase Sale Agmt I I-2.doc DRAFT 5. The covenants of this Grant Deed shall be binding for the benefit of the Grantor, its successors and assigns, the City of Rancho Cucamonga and any successor in interest to said parties. Such covenants shall run in favor of the Grantor and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regazd to whether the Grantor is or remains an owner of any ]and or interest therein to which such covenants relate. The Grantor and such aforementioned parties, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor, its successors and such aforementioned parties. 6. Tn the event of any express conflict between this Grant Deed, the Agreement or the Declaration, the provisions of this Grant Deed shall control. 7. The Covenants and Conditions of this Grant Deed shall be deemed to be covenants conning with the land and shall bind future purchasers, encumbrances and transferees. Executed on in , California. CITY OF RANCHO CUCAMONGA, a municipal corporation By: L. Dennis Michael Mayor ATTEST: APPROVED AS TO FORM: Jan Remolds City Attorney City Clerk State ofCalifomia ) County of Los Angeles ) On ~ before me, (her insert name and tide of [he officer), personally appeared , who proved to me on [he basis of satisfactory evidence [o be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged a me that he/she/[hey executed [he same in his/her/their authorized capaciry(ies), and that by hia/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed [he instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that [he foregoing paragraph is we and correct. WITNESS my hand and official seal. E-3 P103 9140 Candlewood -Purchase Sale Agmt 1 I-2.doc DRAFT Signa[we (Seal) GRANTEE'S ACCEPTANCE OF CONDITIONS, COVENANTS AND RESTRICTIONS The provisions of this Grant Deed are hereby approved and accepted. POMONA VALLEY HABITAT FOR HUMANITY, a California non-profit corporation By: State of Califomia ) County of Los Angeles ) Date: Jody Gmeiner Chief Executive Officer On before me, (here invert name and title of the officer), personally appeared who proved [o me on the basis of satisfactory evidence to be [he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed [he same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s), or the entiTy upon behalf of which [he person(s) acted, execued the instrument. I certify under PENALTY OF PERNRY under the laws of the State of Califomia [hat the foregoing paragraph is true end wrrec[. WITNESS my hand and official seal. Signature (Seal) P704 E-4 9140 Candlewood -Purchase Sale Agmt 11-2.dnc DRAFT EXHIBIT "F" LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978. LEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particulaz risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazazds from risk assessments or inspecfions in the seller's possession and notify the buyer of any known lead- based paint hazazds. A dsk assessment or inspection for possible lead-based paint hazazds is rewmmended before purchase. SELLER'S DISCLOSURE Presence of lead-based paint and/or lead-based paint hazazds (check items a or b below): a. Known lead-based paint and/or lead-based paint hazazds are present in the housing. If checked, the following explanation is provided: b. Seller has no knowledge of lead-based paint and/or lead-based paint hazazds in the housing. 2. Records and reports available to Seller (check item a or b below): _ Seller has provided Buyer with al] available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. If checked, the following documents were provided: Seller has no reports or rewrds pertaining to lead-based paint and/or lead- based paint hazazds in the housing. BUYER'S ACKNOWLEDGMENT Buyer has read the Lead Warning Statement above and understands its contents, and has received copies of all information listed above. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. Buyer has either (check one of the boxes below): received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazazds; or waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazazds. P105 F-1 9140 Candlewood - Purchave Sale Agnt I 1 ?.doc DRAFT AGENT'S ACKNOWLEDGMENT BY AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Seller of Seller's obligations under 42 U.S.C. §4852d and is awaze of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. SELLER: BUYER: CITY OF RANCHO CUCAMONGA, POMONA VALLEY HABITAT FOR HUMANITY, a municipal corporation a California nonprofit corporation By: By: L. Dennis Michael Mayor AGENT: 9140 Candlewood -Purchase Sale Agmt I I-2 doc Jody Gmeiner Chief Executive Officer F-2 Pt06 DRAFT EXHIBIT "G" FORM OF CC&R'S RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA ] 0500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0805 Atm: City Clerk With a Certified Copy to: Pomona Valley Habitat for Humanity 2111 Bonita Avenue Laverne, CA 91750 Attn: Jody Gmeiner (CEO) APN: 208-451-12-0-000 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) AFFORDABLE HOUSING COVENANTS CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY THESE AFFORDABLE HOUSING COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY ("CCR's") affect the real property commonly known as 9140 Candlewood Street, Rancho Cucamonga, California, and legally described on Exhibit "A" attached hereto and incorporated herein by this reference. These CCR's aze entered into this _ day of, 2011 (the "Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City") and Pomona Valley Habitat for Humanity ("Habitat"), together with its successors, assigns and successors-in-interest. These CCR's shall be binding upon and inure to the benefit of subsequent purchasers ("Owners") who sign these CCR's, as indicated on the signature page of these CCR's. RECITALS WHEREAS, the CiTy is a California municipal corporaton which has received funds ("NSP Funds") from the United States Departrnent of Housing and Urban Development pursuant to the federal Housing and Economic Recovery Act of 2008 and Neighborhood Stabilization Program for the purpose of acquisition and redevelopment of abandoned and foreclosed homes and residential properties to provide decent, safe, sanitary and affordable housing for low income households in the City; and P707 G-1 9140 Candlewood - PurcM1ase Sale Agmt 1 I-2.doc DRAFT WHEREAS, the City desires to increase, improve and preserve affordable homeownership opportunities available to low and moderate income households within the City; and WHEREAS, to promote this goal; the City has established the NSP Acquisition/Rehabilitation and Reuse Program (the "City NSP Program") pursuant to which the City will acquire, sell and/or rehabilitate single-family homes for the purpose of occupancy by qualified ]ow income households; and WHEREAS, the City has acquired the land, improvements and fixtures known as 9140 Candlewood Street (the "Property"). The land including the Property is described on Exhibit "A" attached hereto; WHEREAS, the City is selling the Property to Habitat pursuant to a Purchase and Sale Agreement dated , 2011 (the "Purchase Agreement") subject to the condition that Habitat execute, deliver and record these CC&R's which, among other things, impose certain continuing restrictions and obligations related to and on the Property; and WHEREAS, in connection with the sale and as described in the Purchase Agreement, Habitat is delivering a $257,400 purchase money promissory note to City for the purchase price of the Property evidencing a conditional grant made by City to Habitat (the "Purchase Money Loan"), and such promissory note is secured by a deed of tmst, assignment of rents, security agreement and fixture filing recorded against the Property ("Deed of Tmst"); WHEREAS, concurrently with the sale of the Property by City to Habitat, City is also making a grant of up to $32,000 of NSP Funds for costs of rehabilitating and/or repairing the Property, as more pazticulazly described in the Purchase Agreement (the "Rehab Loan") which is also secured by the Deed of Trust; WHEREAS, Habitat and subsequent purchasers who sign these CCR's agree for themselves, their successors and assigns and al] successors-ia-interest to all or any portion of the Property that the Property is to be sold and used exclusively as a residence for low, moderate and middle income families who previously were residents of the City of Rancho Cucamonga for at least one (1) year, at an Affordable Purchase Price in perpetuity, as more particulazly set forth below; and WHEREAS, the City also has an interest in insuring that the Property funded by the Program is properly maintained and remains attractive. NOW, THEREFORE, is consideration of the promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Habitat agree that the Property against which these covenants, conditions and restrictions are recorded shall be held, sold and conveyed subject to the following covenants, conditions and restrictions. 27. City of Rancho Cucamonea Sunnorts Affordable Housinu. The City supports affordable housing for low-income residents within [he City of Rancho Cucamonga as set forth in regulations published in 24 Code of Federal Regulations Part 92. P108 G-2 9140 Candlewood -Purchase Sale Agmt 11-?.doc DRAFT 28. Definitions. For purposes of this Agreement, the following definitions shall apply: 28.1 Low Income: A family whose income does not exceed fifty percent (50%) of the median family income for the area, as determined by HUD with adjustments For smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction vests or fair mazket rents, or unusually high or low family incomes. 282 Eligible Household: A household who previously resided in the City of Rancho Cucamonga for at least one (1) yeaz (as verified by Owner based on reasonable evidence provided by the household) whose annual income does not exceed fifty percent (50%) of area median income for San Bemazdino County. 28.3 Affordable Purchase Price: The Property shall be sold at an affordable purchase price ("Affordable Purchase Price"). The Affordable Purchase Price must result in an affordable monthly housing cost to the Eligible Household which does not exceed 30% of the Eligible Household's monthly income. Monthly housing cost shall include mortgage principal, mortgage interest, taxes, insurance, and a reasonable allowance for utilities. Developer shall obtain the_City's approval of the proposed Affordable Purchase Price for the Property prior to executing a purchase and sale agreement with an Eligible Household. 28.4 Owners: Means any subsequent owners who purchase the property subsequent to Habitat. 29. Term: Affordability Period. The affordability period for these covenants, conditions and restrictions shall continue in perpetuity following the Effective Date. 30. Resale Restriction. Subject to Habitat and City's Right of First Refusal and the Affordability Exit Fee provision described in Pazagraph 7 below~and repayment of the Purchase Money Loan, the Property maybe sold by the Owners during the Affordability Period. 31. Resale/Refinancine Fee. If Owners elect to sell the Property, the Owners shall repay the Purchase Money Loan to the City and shall also pay to the City: (a) One hundred percent (100%) of the Net Sales Proceeds or Refinancing Proceeds (as hereinafter defined) shall be due to the City in the event of a sale or occurring prior m ten (10) years after the Effective Date; (b) Seventy-five percent (75%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the eventof an Ineligible Sale occumng prior to twenty (20) yeazs after the Effective Date; (c) Fifty percent (50%) of the Initial Equity or Refinancing Proceeds shall be due to the City th the event of an Ineligible Sale occurring prior to thirty (30) years after the Effective Date; P709 G-3 9140 Candlewood -Purchase Sale Agm[ 1 I-2.dw DRAFT (d) Twenty-five percent (25%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the event of an Ineligible Sale occurring prior to forty (40) yeazs after the Effective Date; (e) No Resale/Refinancing Fee shall be due upon any sale occurring after forty (40) yeazs. As used herein, the term "Net Sales Proceeds" shall mean (A) the purchase price paid to Owner for the Property less the sum of (i) the balance of the Habitat Purchase Money Promissory Note (which is to be repaid concurrently with the sale); and (ii) deductions by the escrow holder of costs payable by the Owner for brokerage commissions, recording chazges, title insurance, escrow fees, and similar reasonable closing costs; less (B) the sum of (i) the loan from City to Owner for the Property; (ii) any additional costs paid by Owner as buyer through the escrow for the purchase of the Property by Owner from Habitat; (iii) actual, documented improvements to the Property paid for by Owner using Owner's own funds (as shown by reasonable evidence delivered to City) that increased the value of the Property, as reasonably determined by City. 32. Right of First Refusal. Habitat and City shall have the right of first refusal if Owners, its successors or its assigns, elect to sell the Property to a party other than an Eligible Household at an affordable purchase price. Habitat shall have the first Opportunity to exercise the Right of First Refusal. Within five business days of receipt by Owner of an offer to purchase the Property, Owner shall give written notice to City and Habitat of the proposed sale of the Property. Habitat shall have fifteen days from receipt of the notice from Owner to give written nofice to Owner of its exercise the Right of First Refusal. Habitat may credit the balance of the Habitat Purchase Money Promissory Note against the purchase price. IF Habitat does not exercise the Right of First Refusal within that 6me, [he City shall have an additional period of fifteen days to give written notice of City's exercise of the Right of First Refusal. The City may credit the City Promissory Note against the purchase price. 33. Monitorine by the Citv. On or about July 1st, of each calendaz yeaz, the City will mail a form to the rewrd owner of the Property to confirm that the Property is occupied solely by Eligible Households at an Affordable monthly purchase price. The Owners of the Property shall complete the form and return it to the City within thirty (30) calendaz days after receipt of the request from the City. City may also at any time contact the occupants of the Property in order to verify compliance with the Program and these CC&R's. 34. Bindine on Successors in Interest Habitat and the Owners hereby covenant and agree that their heirs, successors and assigns, and every successor in interest to the Property, or nay part thereof shall wmply with each and every term, covenant, condition and restriction contained herein. These CCR's shall run with the land, any other provision of law notwithstanding, and shall be enforceable by the City in an action for specific performance against the Owners and their successors and assigns. 35. Maintenance of Prooertv. P710 G-4 9140 Cendlewood -Purchase Sale Agmt I 1-?.riot DRAFT The Owners agree, for itself, its successors and assigns, that they shall maintain the Property, dwelling unit, improvements, landscaping and fixtures in good repair and shall keep [he Property free from any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance, or violate any provision of the City of Rancho Cucamonga Municipal Code (the "Municipal Code"). 35.1 All exterior painted surfaces shall be maintained at al] times in a clean and presentable manner, free from chipping, cracking and defacing mazks. Any such defacing mazks shall be cleaned or removed within the time as set forth in subpazagraph (d) below. 35.2 The Owners shall at all times maintain the front exterior, visible side exteriors and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair. The Owners shall maintain and/or repair the front exterior or rear or visible side yard and exterior of the dwelling unit. 35.3 All graffiti and defacement of any type, including mazks, words and pictures, must be removed and any necessary painting or repair completed within one (t) week of their creation or within one (1) week after notice to Owners. 35.4 Al] driveways must be paved and maintained with impervious material in accordance with the Municipal Code. 36. Remedies for Breach. Upon breach of any of these CCR's, Habitat and the City may exercise any and all remedies available to them at law or equity. These remedies include, without limitation, an action for injunctive relief or specific performance, and accelerating the payment of the Promissory Notes of Habitat or City, as applicable. If the City Manager or his or her designee finds that the conditions of the dwelling unit or the Property constitute a breach of Section 9 of this Agreement, then the City shall so notify the Owners in writing and the Owners shall have five (5) calendar days following this written notice to wrrect or abate such breach. if the conditions aze not corrected to the reasonable satisfaction of the City Manager, then the City, its employees or its agents may enter upon the Property to remedy and abate the conditions creating the breach. Owner shall reimburse City within five (5) business days after written demand for City's costs of remedying the conditions creating the breach, including, without limitation, administrative, overhead, and engineering costs. The obligation to pay such costs shall be secured by the Deed of Trust. The provisions of this Section 10 aze supplemental to al] other legal rights and remedies available to the City. 37. Citv and Habitat as Beneficiaries. The City and Habitat aze thebeaeficiaries of the terms and provisions of these CCR's running with the land, both for and in their own right, and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these CCR's running with the land have been provided. These CCR's shall run in favor of the City and Habitat without regard to whether they have been, remain, or aze an owner or has any interest in the Property or in any other pazcel in the City. The City and Habitat shall have the right, but not the obligation, to exercise all rights and remedies and to maintain any actions at law or in equity or any other proceedings to enforce these CCR's. P111 G-6 9140 Candlewood -Purchase Sale Agmt I I-?.riot DRAFT 38. Nonwaiver. The failure of City to enforce any one or more of the covenants, conditions or restrictions contained herein on any one or more occasions shall not constitute a waiver of the City's right to enforce the covenants, conditions and restrictions in the future. 39. Nonwmnliance. In the event of noncompliance with any provision under these CCR's, the City may take any and all enforcement actions provided for by any provision of the Municipal Code, or exercise any other remedy under the law to which the City maybe entitled. Should the City bring an action to enforce the terms of these CCR's, the prevailing party shall be entitled to costs of suit, including reasonable attorneys' fees. 40. Deemed Consent. Any person who now or hereafter owns or acquires any right, title or interest in or to the Property shall be deemed to have consented and agreed to every - covenant, wndition and restriction contained herein whether or not any reference to these CCR's is contained in the instrument by which such person acquired an interest in the Property. CITY CITY OF RANCHO CUCAMONGA, a California municipal corporation By: L. Dennis Michael Mayor Attest Jan Reynolds City Clerk Approved as to form: City Attorney OWNER POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation By: Jody Gmeiaer Chief Executive Officer ADDITIONAL SIGNATURES OF SUBSEQUENT OWNERS AND PURCHASE FOLLOW ON SEPARATE PAGES P112 G-6 9140 Candlewood -Purchase Sale Agmt 17 ~.doc DRAFT We, the undersigned are purchasers of the property described iu these AFFORDABLE HOUSING COVENANTS CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY. We have read, understand and acknowledge the terms of these AFFORDABLE HOUSING COVENANTS CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY and we agree to be bound by their terms. Purchaser Purchaser Printed Name Printed Name Signature Date: Signature Date: Purchaser Purchaser Printed Name Printed Name Signature Date: Signature Date: P113 G-7 9140 Candlewood -Purchase Sele Agm[ I I-2.doc DRAFT EXHIBIT "A" TO CCR'S DESCRIPTION OF THE LAND LOT 68 OF TRACT NO. 6866, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINQ, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 93 PAGES 16 THROUGH 19 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P114 G-8 9140 Candlewood -Purchase Sale Agmt 11=!.doc DRAFT EXHIBIT "H" FORM OF HABITAT PROMISSORY NOTE HABITAT PROMISSORY NOTE SECURED BS' FIRST DEED OF TRUST $ Rancho Cucamonga, Califomia ,20 FOR VALUE RECEIVED, , a ("Borrower") hereby promises to pay to POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation ("Lender"), or order, the principal amount of AND NO/100 DOLLARS ($ ), with no interest. This Habitat Promissory Note Secured by First Deed of Trust (the "Promissory Note') is delivered (and is to be performed) as payment of the purohase price for the Property payable by Borrower to Lender under that certain Purchase and Sale Agreement dated , 20 between Lender, as seller, and Borrower, as buyer (the "Agreement"). 1. Borrower shall pay monthly installments of principal in the amount of $ per month on the first day of each month commencing . Borrower shall also pay to Lender [o be placed in an impound account for the payment of property taxes and property insurance an estimated monthly amount of ,which amount shall be adjusted by Lender as necessary to pay property taxes and insurance on the Property. 2. Al] payments by Borrower to Lender shall be credited first towazd prorated property taxes due, then towazd prorated property insurance due, then toward late fees, and then toward principal. 3. This Habitat Promissory Note is secured by a Habitat First Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 20 executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the Habitat First Deed of Tmst provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Habitat Promissory Note and all accrued taxes, insurance fees, and late fees immediately due and payable. Further upon any default of this Note, the CC&R's or the Habitat First Deed oFTrust, Lender may elect to declare the principal of this Habitat Promissory Note and all accrued taxes, insurance fees, and late fees immediately due and payable 4. A late fee of maybe chazged by Lender for each monthly payment which is not received by Lender within days of the payment due date. P115 H-1 9140 Candlewood -Purchase Sale Ay~nt I I ?.doc DRAFT 5. The outstanding principal maybe prepaid. 6. All sums payable under this Promissory Note aze payable to Lender at 2111 Bonita Avenue, La Verne, California, 91750, Attn: , or at such other place as the Executive Director of Lender may inform the Borrower in writing, in ]awful money of the United States. 7. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. 8. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees, which maybe incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 9. The failure of Lender to exercise any fight to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. 10. The Promissory Note shall be governed by the laws of the State of California. BORROWER: By: Print Name: Title: By: Print Name: Title: - P176 H-2 9140 Candlewood -Purchase Sale Agml 1 I ?.doc DRAFT EXHIBIT "1" FORM OF HABITAT FIRST DEED OF TRUST Recording Requested By, and When Recorded Mai] To: Pomona Valley Habitat for Humanity 211 I Bonita Ave. Laverne, CA 91750 Attn: APN: 208-451-12-0-000 HABITAT FIRST DEED OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRUST is dated as of , 20_, and is executed by ("Tmstor"), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as tmstee ("Trustee"), and the POMONA VALLEY HABITAT FOR HUMANITY a California nonprofit corporation, as beneficiary ("Beneficiary"). Tmstor grants, transfers, and assigns to Trustee, in tmst, with power of sale, and right of entry and possession, all of Tmstor's interest in that land in the County of San Bemazdino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and al] fixtures, including but not limited to al] gas and elechic fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other fiunishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted bylaw be deemed to be perntanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and Together with all articles of personal property owned by the Trustor now or hereafter attached ro or used in and about fhe improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy P117 I-I 9140 Candlewood -Purchase Sale Agm~ 1 I-2.doc P718 DRAFT of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as aze ever used or furnished in operating affordable housing, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to the improvements or -buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of an obligation of the Trustor to the Beneficiary in the principal sum of $ as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof (the "Habitat Promissory Note") and any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions Affecting Real Property (including Resale Restriction, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the Habitat Promissory No[e, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Records of San Bernardino County, California (collectively the "Agreements"), it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof are not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Trustor and Beneficiary dated , 20_. 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the Note. Permission is hereby given to Tmstor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be enfitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate same and collect the rents, profits and income therefrom; 5. That the Tmstor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required from 5me to time by the Beneficiary (earthquake insurance not required), and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred (100%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the I-2 9740 Candlewood -Purchase Sale Agmt 1 I-2.doc DRAFT right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, chazges and liens, with interest, on the Property or any part thereof which appeaz to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials famished with respect to the Property; to comply with al] laws affecting the Property or requiring any alterations or improvements to be made thereon; not to willfully commit or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appeaz in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiazy or Trustee may appeaz, 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trnstor &am any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appeaz in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Tmstee; may pay, purchase, contest, or compromise any encumbrance, chazge, or lien which in the judgment of either appeazs to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 10. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of (i) the maximum rate permitted by applicable law; or (ii) ten percent (10%) per annum; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or wnstruction of any and all improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Tmstor's receipt of notioe of the lien or liens. Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and all plans and specificafions, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such P119 I-3 9140 Cendlewood -Purchase Sale Asrn[ I I ?.doc DRAFT municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: ]4. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to al] compensation, awards, and other payments or relief therefore, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, aze hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom al] its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply al] such proceeds to restoring the Property, or in the event of Tmstor's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds sfill remaining shall be disbursed by the Beneficiary to the Trustor. - 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Agreements, the Beneficiary may (but shall not be obligated to) declare al] sums evidenced by the Note immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed For record and the Beneficiary may foreclose this Deed of Trust in the manner provided by law. in such event, Beneficiary shall also deposit with Trustee this Deed, the notes and al] documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at fime of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at [he time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any person, including Tmstoq Trustee or Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of (I) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attomeys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer, (3) all sums expended under the terms hereof, not then repaid, with accrued P120 I-4 9140 Candlewood -Purchase Sale Agmt I l->_doc DRAFT interest at the rate specified in the notes; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time [o time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with al] title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without waranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfulness thereof The grantee in such reconveyance maybe described as "the person or persons legally entitled thereto;" 20. The [rust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singnlaz number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided bylaw the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address provided in the Purchase and Sale Agreement, or to such other address as Trustor may provide in writing to Trustee from time to time. 24. Al] principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, became due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security P721 I-5 91 a0 Candlewood -Purchase Sale Agmt I I-2.doc DRAFT Agreement and a "fixture filing" as defined in the Califomia Commercial Code, the Trustor being [he Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or aze to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this Deed of Trust. The products of such collateral are also covered hereby. This Deed of Trust, as a fixture filing, is to he recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from time to time in such form as Beneficiary may require to perfect and wntinue the perfection of Beneficiary's security interest with respect [o such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow [he creation of any other security interest in such property. Upon [he occurrence of any default by Tmstor hereunder, Beneficiary shall have [he rights and remedies of a secured party under the Califomia Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shat] never be construed as in any way derogating from or impairing this declazation and the hereby stated intention of [he parties hereto that everything used in connection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in all proceedings, both legal and equitable, shall be regazded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers aze used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at anytime. Such mention in the financing statement is declazed to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Uniform Commercial Code records to be effective against a particulaz class of persons, including, but not limited to, the federal government and any subdivisions or entities of the federal government. IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and yeaz set forth above. TRUSTOR TRUSTOR Date: ~ Date: Printed Name Printed Name P722 I-6 9740 Candlewood -Purchase Sale Agmt I I-2.doc DRAFT ACKNOWLEDGMENT State of California County of On before me, (insert name and title of the officer) - personally appeared P123 who provetl to me on [he basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify untler PENALTY OF PERJURY under [he laws of [he State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) ACKNOWLEDGMENT State of California County of On personally appeared before me, (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andofficial seal. Signature (Seal) Signature of Notary Public I-7 9140 Cendlewood -Purchase Sale Agmt I7 ~.doc DRAFT EXHIBIT "A" DESCRIPTION OF THE LAND LOT 68 OF TRACT NO. 6866, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDEVO, STATE OF CALIFORNIA, AS PER MAP RECORDED EV BOOK 93 PAGES 16 THROUGH 19 INCLUSNE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P124 I-8 9140 Candiewood -Purchase Sale Agmt 1 I-2.doc DRAFT EXHIBIT "J" FORM OF CITY PROMISSORY NOTE CITY PROMISSORY NOTE SECURED BY SECOND DEED OF TRUST $ Rancho Cucamonga, California ,20 FOR VALUE RECEIVED, , a ("Borrower") hereby promises to pay to the CITY OF RANCHO CUCAMONGA, a Califomia municipal corporation ("Lender"), or order, the principal amount of Two Hundred Fifty Seven Thousand Four Hundred AND NO/100 DOLLARS ($257,400.00), plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note') is delivered (and is to be performed) as payment of a portion of the purchase price for the Property payable by Borrower to Lender under that certain Purchase and Sale Ageement dated 20 between Lender, as seller, and Pomona Valley Habitat for Humanity (the "Ageement"). Pursuant to the Agreement Pomona Valley Habitat for Humanity purchased the Property from Lender for rehabilitation and resale to Borrower The Ageement requires that upon resale by Pomona Valley Habitat for Humanity to Borrower, the Borrower must execute this City Promissory Note in favor of Lender. This City Promissory Note is a conditional gant by Lender to Borrower (the "Conditional Grant"). L Commencing on the date hereof, principal hereunder shall accrue simple interest at the rate of three percent (3%) per annum. 2. All principal and accrued interest shall become due and payable on the eazlier of the occurrence of a default under this City Promissory Note Secured by Deed of Trust ("Note") or the CCR's signed by Borrower in accordance with the Ageement. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note aze payable to Lender at ] 0500 Civic Center Drive, P.O. Box 807, Rancho Cucamonga, Califomia 91729-0807, or at such other place as the Executive Director of Lender may inform the Borrower in writing, in ]awful money of the United States. 5. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and al] defenses and pleas on the Bound of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. P125 7-] 9740 Candlewood -Purchase Sale Agmt I I-2.doc DRAFT 6. The Borrower hereby agrees to pay al] costs and expenses, including reasonable attorneys' fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 7. This Promissory Note is secured by a City Second Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 20 executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the City Second Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this City Promissory Note and al] accrued interest immediately due and payable. 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. The Promissory Note shall be governed by the laws of the State of California. BORROWER Signature Date: Print Name: Signature Date: Print Name: P126 J-2 9140 Candlewood -PurcM1asc Sale Agmt I1 '?.doc DRAFT EXHIBIT "K" FORM OF CITY SECOND DEED OF TRUST Recording Requested By, and When Recorded Mail To: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk APN: 208-451-12-0-000 mcording fm purovent m Government Code Saban 2]J83. CITY SECOND DEED OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRUST is dated as of , 20_, and is executed by ("Tmstor"), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as tmstee ("Trustee"), and the CITY OF RANCHO CUCAMONGA, a California municipal wrporation, as beneficiary ("Beneficiary"). Trustor grants, transfers, and assigns to Tmstee, in trust, with power of sale, and right of entry and possession, al] of Tmstor's interest in that land in the County of San Bernardino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to al] gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerators, whether mechanical or otherwise, cooking appazatus and appurtenances, and al] shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed [o be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and K-1 9140 Candlewnod -Purchase Sale Agmt I 1-2.dnc P727 DRAFT Together with al] articles of personal property owned by the Trustor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy of such improvements (including buildings) for the purposes for which they were or are to be erected, including al] other goods and chattels and personal property as are ever used or famished in operating affordable rental housing, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of a contingent obligation of the Trustor to the Beneficiary in the principal sum of $257,400.00 as evidenced by that certain City Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and al] modifications, amendments and restatements thereof (the "City Promissory Note") and which evidences a conditional gant; and any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Resnictions Affecting Real Property (including Resale Restriction, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the City Promissory Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Records of San Bernardino County, California (collectively the "Agreements"), it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof aze not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Pomona Valley Habitat for Humanity and Beneficiary dated , 20 3. That al] rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the No[e. Permission is hereby given to Trustor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be entitled m the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate same and collect the rents, profits and income therefrom; P728 K-2 9740 Cendlewcwd -Purchase Sale Agmt 1 I-2.doc DRAFT 5. That the Tmstor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazazds, casualties, and contingencies as maybe required from time to time by the Beneficiary (earthquake insurance not required), and al] such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. 1n no event shall the amounts of coverage he less than one hundred (100%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; all costs, fees, and expenses of this Tmst; 7. To pay when due all claims For labor performed and materials furnished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements [o be made thereon; not to willfully wmmi[ or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appeaz in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and-to pay all costs and expenses, including wst of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appeaz; 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Tmstee, but without obligation to do so and without notice to or demand upon Tmstor and without releasing Trustor from any obligation hereof, may make or do [he same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Tmstee being authorized to enter upon the Property for such purposes, may commence, appeaz in and/or defend any action or proceeding purporting to affect the security hereof or [he rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appeazs to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; ] 0. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. Al] such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand al( sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of (i) the maximum rate permitted by applicable law; or (ii) ten percent (] 0%) per annum; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or construction of any and al] improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Trustor's receipt of notice of the lien or liens. P129 K-3 9140 Candlewood -Purchase Saie Agmt I 1=!.doc DRAFT Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor, 13. That the improvements upon the Property, and all plans and specifications, comply with al] municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office. IT IS MUTUALLY AGREED THAT: 14. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to al] compensation, awazds, and other payments or relief therefore, and shall be entitled at its option to wmmence, appeaz in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply al] such proceeds to restoring the Property, or in the event of Trus[or's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Ageements, the Beneficiary may (but shall not be obligated to) declare al] sums evidenced by the Note immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this Deed of Tmst in the manner provided bylaw. In such event, Beneficiary shall also deposit with Trustee this Deed, the notes and all documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required bylaw, Trustee, without demand oa Trustor, shall sell the Property at the rime and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of al] or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Tmstee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive P730 K-4 9740 Candlewood - Purcha a Sale Agm[ 1 I-?.doc DRAFT proof of the truthfulness thereof Any person, including Trustor, Trustee or Beneficiary, may purchase at [he sale. The Trustee shall apply the proceeds of sale to payment of (1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any seazch and/or other evidence of title procured in wnnection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the notes; (4) al] other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder [o execute this Tmst. Upon such appointmrnt, and without wmveyance to the suwessor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which theProperty is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Tmstee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfulness thereof. The gantee in such rewnveyance may be described as "the person or persons legally entitled thereto;" 20. The tmst created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singulaz number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided bylaw. Except as otherwise provided by law the Tmstee is not obligated to notify any patty hereto of pending sale under this Deed of Trust or of any action of proceeding in which Tmstor, Beneficiary, or Tmstee shall be a party unless brought by Trustee; 23. The Tmstor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at such address as Tmstor may provide in writing to Tmstee from time to time. P131 K-5 9140 Candlewood -Purchase Sale Agmt I l-2.doc DRAFT 24. Al] principal and accmed interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security Agreement and a "fixture filing" as defined in the Califomia Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Tmstor hereby grants Beneficiary a security interest in al] fixtures, and in all goods which are or aze to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Tmstor now or hereafter secured by this Deed of Tmst. The products of such collateral aze also covered hereby. This Deed of Trust, as a fixture filing, is to be recorded in the real estate records covering the real property covered hereby. Tmstor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and wntinuation statements covering such property from time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occurrence of any default by Tmstor hereunder, Beneficiary shall have the rights and remedies of a secured party under the Califomia Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, al] at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be constmed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of inwme therefrom is and, at al] fimes and for al] purposes and in al] proceedings, both legal and equitable, shall be regazded as real property encumbered by this Deed of Tms[ and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers aze used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at any time. Such mention in the financing statement is declared to be for the protection of the Beneficiary in [he event any court orjudge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Unifomr Commercial Code records to be effective against a particular class of persons, including, but not limited to, the fedeml government and any subdivisions or entities of the federal government. P132 K-6 9140 Candlewood -Purchase Sele Agm[ I I ?.doc DRAFT IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and year set forth above. TRUSTOR TRUSTOR Date: Date: Printed Name Printed Name 9140 Candlewood - Porchaze Sale Agmt 11-2.doc K-7 P133 DRAFT ACKNOWLEDGMENT State of California County of On personally appeared before me, (insert name and title of the offcer) P134 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribetl to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authodzed capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executetl the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offcial seal. Signature of Notary Public State of Califomia County of (Seal) ACKNOWLEDGMENT On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY untler the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and offcial seal. Signature (Seal) Signature of Notary Public K-8 9140 Cendlewood -Purchase Sale Agmt I I-2.doc DRAFT EXHIBIT "A" DESCRIPTION OF THE LAND LOT 68 OF TRACT NO. 6866, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 93 PAGES 76 THROUGH 19 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P135 K-9 9140 Candlewoad -Purchase Sale Agm~ I1-2.doc P736 STAFF REPORT 'r ENGINEERING I~2P~R'PJIFh7 ~ ~ RAIJCHO Date: November 2, 2011 cUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer Subject: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE GENERAL CITY MASTER PLAN FOR FY 2010/2011 AND APPROPRIATION OF $47,341.78 TO ACCOUNT 1112303-5680/1026112-0 RECOMMENDATION It is recommended that the City Council approve by minute order an appropriation of $47,341.78 to account 1 1 1 2303-5650/1 02611 2-0 for General City Master Plan Drainage Reimbursement Agreements for FY 2010/2011 BACKGROUNDIANALYSIS General City Master Plan Drainage Reimbursement Agreements are based on the net General City Drainage funds received each fiscal year. Annually, at the end of each fiscal year, after the City's financial books are closed, twenty-five percent (25%) of all General City Drainage fees collected during the fiscal year are set aside into a "planned drainage reimbursement fund." The developers who are required by the City to construct planned drainage facilities necessary for proper drainage of their subdivisions enter into a Reimbursement Agreement with the City. The planned drainage reimbursement fund is divided between all these developers with the numerator being the original reimbursement sum for the developer and the denominator is the total of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. There is one active agreement with a developer with a total outstanding reimbursement amount of $708,123.61. The total amount due to be reimbursed this fiscal year is $47,341.78, Respectively submitted, Mark A. Steuer Director of Engineering Services/City Engineer MS:DJ:alnv STAFF REPORT ERGINEPRING SERPiCES DEPAR7".NENT RANCHO Date: November 2, 2011 cUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services Department /City Engineer By: Dan James, Senior Civil Engineer Subject: APPROVAL OF DRAINAGE REIMBURSEMENTS FOR THE ETIWANDA/SAN SEVAINE AREA MASTER PLAN FOR FY 2010/2011 AND APPROPRIATION OF $65,198.40 TO ACCOUNT 1116303-5650/1026116-0 It is recommended that the City Council approve by minute order an appropriation of $65,198.40 to account 1116303-5650/1026116-0 for Etiwanda Master Plan Drainage Reimbursement Agreements for FY 2010/2011. BACKGROUNDIANALYSIS Etiwanda Master Plan Drainage Reimbursement Agreements are based on the net Etiwanda Drainage funds received each fiscal year. The remaining funds in the Etiwanda drainage Fund will be utilized for City projects. Annually, at the end of each fiscal year, after the City's financial books are closed, fifty percent (50%) of all Etiwanda Drainage fees collected during the fiscal year are set aside into a "planned drainage reimbursement fund." The developers who are required by the City to construct planned drainage facilities necessary for proper drainage of their subdivisions enter into a Reimbursement Agreement with the City. The planned drainage reimbursement fund is divided between all these developers with the numerator being the original reimbursement sum for the developer and the denominator is the total of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. There are three active agreements with developers with a total outstanding reimbursement amount of $1,105, 284.67 The total amount due to be reimbursed this fiscal year is $65,198.40 Respectively submitted, " °~. Mark A. Steuer, Director of Engineering Services Department /City Engineer j ~ ~~ P737 MS:DJ:alrw STAFF REPORT CAMMUNITY $ERVI~S DEPARTMENT P738 RANCHO Date: November 2, 2011 C.,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Kevin McArdle, Community Services Director By: Nettie Nielsen, Community Services Superintendent Subject: CONSIDERATION OF THE RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION REGARDING THE APPROVAL OF THE ANNUAL STREET BANNER SCHEDULE AND APPLICATIONS FOR CALENDAR YEAR 2012 RECOMMENDATION The Park and Recreation Commission recommends that the City Council approve the attached annual street banner schedule for calendar year 2012. BACKGROUND/ANALYSIS Annually, the Community Services Department requests applications for banner displays on Base Line Road and Archibald Avenue. According to City policy, only City sponsored events and activities are eligible to display banners. These groups provide us a ready-made banner at their cost. The Park and Recreation Commission reviewed the street banner applications and schedule for calendar year 2072 at their October 20, 2011, meeting and recommended approval. FISCAL IMPACT No fiscal impact. Resp c ully s ed, Kevin M Ardle Community Services Director Attachments Schedule of banner displays for calendar year 2012 Banner Dlaplay Schedule 2012 upanaaenn2 OrganizaDOn Event Event Deb pleplay Dates Loatlon CSD-Rexurce YeN bale January ], 2012 Jan2-Jen.B grchlbeltl C6D Froetlom Cpunyer0 NIA Jem B~Jen. 23 BOTH C50. Playhoure Bleeping Beeuy Jen. 28 ~ Feb. 12 Jan. 23 ~ Feb. 13 Bew Lina CSD~Revource YFN SeIe PeDmery 4, 2012 Jen. 30-FeD.B ArNIDald CSO Freedom CouMeN NIA Feb, 13 ~ FeD. 2] BOTH CSD~Raewrte YaN Sele Merth 3, 2012 Feb. 2)~MecS Archibald CSP ReBIeVeBOn SpdnA Replafratlon N/A Mer.6~Mer. 1B Baae Llna CBD Froatlom CpuMeN NIA Mer 12-Mac 20 ArcAlbeltl RC Dueka Se6wn Opener Aptll 5, 2012 Mer. 18 ~ Apr. B Baas LInO CSD-Reawrte VaN Sale Apr1114, 2012 Apr. B-gpr.15 Base Llne Library National Llbrery Week ApdIB~Aphl1/,2012 ApcB-Apt. 18 grchlbald CSP Foundation Chowbb and Wlne Feedval ApN 28, 2012 . qp/. 16 -Apr. 30 Baee Line CSD-Event crow de Mara Mey 5, 2012 Apr. 23-May> ArMibeld RDA Business gppretiailon May1-May 3, 2012 Apr. 30-May> Bare Line CSD-Playhouse Wdnkel in Time May S-Mey 20, 2012 May]-Mry 21 Baee Llne CSD-Event Cucamonga ChallenBaAV¢Ilneee Fair Mey 12, 2012 Mey]-Mayo ArGlpsld CSO-ReBistreSOn bummer Repletratlon Nlq May 14-May 21 Amdlbaltl C6D~ Playhouse 6xern Ticket Mey 1B, 2012 May 21 -June 4 Baee Llno CSD-Rexurce YeN bale Jura 2.2012 Mey 20~JUna4 grchlbeltl C60. Event 41hONNY July I, 2012 Jum4-JNIyO Bave Llne Flro Fla Cer 6DOw June 24. 2012 June 11 ~JUna 26 grchlbeld CBO-Resource YeN 591e July ), 2012 June 25-JUtyB Archldeltl C6D- Event Concede arN Movlee July t2 ~ Aupuvt 13, 2012 July B ~ qvB, 13 ArchOaM CSD Freedom COUrlyeN NIA July lB~JUIy JO Beee Llne CSD-Rewurce YeN Sale ANBU9[4, 2012 Jury 90.qup,8 Baee Line CSD-ReBisbation Fall ReBiatrogon NIA Aug.S-AUB~20 Base Line Chamber ai Commerce Grop Harvest FefOVal TBD Au8~13-AUg. T) grchibaltl CSD-Resource Yard Sele September 3, 2012 Au8. 2)-Sept 10 Amhibaltl [mnpenq Nwpemml National Preparetlness MoNh Sepbmber 1, 2012 Sept. 3 - OG. t Bare Line CSD Freedom COUdyaN Nlq Bept. lO~Sept 24 grtMbald CSD-Readurce YeN Sele October 6, 2012 6ept. 24-Dtl.S grthlbeltl Fire Open Hwee Opobx 13, 2012 Odt. 1 ~ Op, 14 Baca Lina C6D Freetlom COUrlyaN N/A Oct a-Oh. 12 Archlbeld C60~ Event Founder Fevtlvel November 10, 2012 Oct 22 ~ Nov, t2 Baee Llne C60. Resource YBN SBIe NovemWf3, 2012 DE(.2B-NOV5 Archlbeld CSD Fraetlom DONIIyaN NIA Nov. 12 ~ Nov, 2B grchlbvltl Fire SpeMe MLOVe Thenkaplvirp~Chtletmev Nov. 1B-0x.31 Bew Llna CSD-Reepurce Winbr ReplseeAOn NIA Dac.3-Dec.9 ArcDlbeltl P139 ~~,, P740 STAFF REPORT ~~~~~ ADT<IIN[$TAATIVE SERVICES DBPARTMPNT ~~"y,~ RANCHO/ Date: November 2, 2011 (;UCAMONGA To: Mayor and Members of the City Council Jahn Gillison, Cily Manager y 1~I From: Keri Hinojos, CPPB, Senior Buyer 1~'i'~ By. Keri Hinojos, CPPB, Senior Buyer Subject: AUTHORIZATION FOR THE TRANSFER OF TWO (2) VEHICLES, ONE (1) 2011 FORD EDGE AND ONE (1) 2071 HONDA ACCORD EX, TO FACILITATE THE VEHICLES' USE BY THE COUNTY OF SAN BERNARDINO FOR POLICE DEPARTMENT SERVICES. RECOMMENDATION It is recommended that the City Council authorize the transfer of two (2) vehicles, one (1) 2011 Ford Edge and one (1) 2011 Honda Accord EX, to facilitate the vehicles use by the County of San Bernardino for Police Department Services. Background/Analysis The City Council approved the purchase of two (2) Vehicles in the adopted FY 2011/2012 budget as a part of the Vehicle and Equipment Replacement Fund. The San Bernardino County Police Department has provided specifications for each of the vehicles to the Purchasing Department. Purchasing prepared and posted to the City's bid system, RFO.#113036 and RFO #115741. This Staff Report is for the sole purpose of requesting the transfer of the two (2) vehicles to the San Bernardino Police Department for liability requirements and will alleviate the City from liability while the vehicles are in use under ownership with the County of San Bernardino Police Department. At the end of the Ford Edge and Honda Accord EX service life, the vehicles will be transferred from the County of San Bernardino Police Department back to the City of Rancho Cucamonga for proper surplus disposition. P141 STAFF REPORT ~-~ AD\IINISTRATI~B SERVICES DEPdRTbIENT RANCHO Date: November 2, 2011 CUCAMONGA To: Chairman and Board of Directors of the Rancho Cucamonga Public Finance Authority John R. Gillison, Executive Director From: Linda Daniels, Assistant City Manager By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION TO ADOPT A RESOLUTION OF THE RANCHO CUCAMONGA PUBLIC FINANCE AUTHORITY (PFA) TO AMEND RESOLUTION NO. PFA 90-001, REVISING THE PROVISIONS THEREOF TO ESTABLISH REGULAR MEETING DATES AND REGULAR MEETING LOCATION FOR THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA PUBLIC FINANCE AUTHORITY AND TO PROHIBIT THE PAYMENT TO STIPEND OR OTHER CONSIDERATION FOR ATTENDANCE AT ANY MEETING OF THE BOARD OF DIRECTORS. RECOMMENDATION It is recommended that the Board of Directors adopt a resolution to establish regular meeting dates and the regular meeting location for the Board of Directors of the Rancho Cucamonga Public Finance Authority and to prohibit the payment of a stipend or other consideration to any Director for attending any meeting of the Board of Directors. BACKGROUND The Rancho Cucamonga Public Finance Authority (the "Authority") is a public agency organized under the Joint Exercise of Powers Law of the State of California. The Authority was formed on April 22, 1999 (the "Agreement"), by and between the City of Rancho Cucamonga (the "City"), the Rancho Cucamonga Redevelopment Agency (the "Agency°), and the Rancho Cucamonga Fire Protection District (the "District"). The Authority is limited in its activities and focuses only on financing or refinancing public capital improvements (as such term is defined in the Agreement) for the Agency, the District, the City, and any community facilities district formed by the City, and to acquire bonds of a Local Agency. Since 1999 when the Authority was formed there have been only 8 meetings. Because the Authority issues bonds on a very infrequent basis, special meetings were called on needed basis in order to enable the Board of Directors to take action to authorize the issuance of such bonds. Recently, however, Government Code Section 6592.1 was enacted effective January 1, 2010 to provide that a joint exercise of powers authority such as the Authority may adopt a resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds only during a regular meeting of such authority. The ability of the Authority to obtain the most favorable pricing of bonds may be dependent upon the timing of the authorization by the Board of Directors to issue such bonds. This can be especially true in the volatile fnancial markets of the past few years. P142 CONSIDERXCION'CO ESTABLISH REGHLAR MCBT[NGSCHF.DULF. AND IgCATION NOR THE BOARD PAGE2 Or DIRECTORS ON TFlii RANCHO CUCAMONGA PUBLIC FINANCE AUTHORITY NO~m.MBER 2, 2011 As result of the newly enacted requirement contained in Government Code Section 6592.1, it is recommended that the Board of Directors adopt the attached resolution to establish the regular meeting dates of the Board of Directors on the same dates and at the same times of the regular meetings of the City Council. This will enable the Board of Directors much greater flexibility to hold a regular meeting of the Board of Directors to authorize the issuance of bonds of the Authority when market conditions are most favorable. The resolution also establishes the regular meeting place of the Board of Directors as the regular meeting place of the City Council. Finally, the resolution also provides that no Director shall be entitled to receive nor shall any Director be paid any stipend or other compensation for attending any meeting of the Board of Directors. Attachment: Resolution P743 RESOLUTION NO. PFA 11- ~ ©1 RESOLUTION OF THE RANCHO CUCAMONGA PUBLIC FINANCE AUTHORITY TO ESTABLISH REGULAR MEETING DATES AND A REGULAR MEETING LOCATION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA PUBLIC FINANCE AUTHORITY AND TO PROHIBIT THE PAYMENT OF A STIPEND OR OTHER CONSIDERATION FOR ATTENDANCE AT ANY MEETING OF THE BOARD OF DIRECTORS WHEREAS, the Rancho Cucamonga Public Finance Authority (the "Authority") is a public agency organized under the Joint Exercise of Powers Law of the State of California and is authorized pursuant to said law and the Joint Exercise of Powers Agreement, dated April 22, 1999 (the "Agreement"), by and between the City of Rancho Cucamonga (the "City") and Rancho Cucamonga Redevelopment Agency (the "Agency') and the Rancho Cucamonga Fire Protection District creating the Authority to assist in financing or refinancing Public Capital Improvements (as such term is defined in the Agreement) for any Local Agency (as defined in the Agreement) which includes a community facilities district formed by the City and to acquire bonds of a Local Agency; and WHEREAS, to fulfill its purposes, the Authority, from time to time, authorizes the issuance of bonds pursuant to the JPA Act; and WHEREAS, Government Code Section 6592.1 was enacted effective January 1, 2010 to provide that the Authority may adopt a resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds only during a regular meeting of the Authority held pursuant to Government Code Section 54954; and WHEREAS, the ability of the Authority to obtain the most favorable pricing of bonds of the Authority may be dependent upon the timing of the authorization to issue such bonds particularly for bonds to be issued to refund prior bonds of the Authority, the City, the Agency or community facilities districts established by the City; and WHEREAS, the Board of Directors desires to specify that the Directors shall not be entitled to receive a stipend or other consideration for attending any meeting of the Board of Directors; and WHEREAS, the Board of Directors desires to adopt this resolution in accordance with the provisions of Government Code Section 54954 to establish more frequent regular meeting dates in order to facilitate the authorization of issuance of bonds of the Authority, to establish the regular meeting place of the Board of Directors as the regular meeting place of the City Council and to specify that the Directors shall not be entitled to receive a stipend or other compensation for attending any meeting the Board of Directors_ P144 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Board of Directors of the Rancho Cucamonga Public Finance Authority as follows: Recitals. The above recitals are true and correct. 2. Regular Meeting Dates and Location. Notwithstanding any provision to the contrary in the Agreement, any bylaws of the Authority or in any other prior resolutions or actions of the Board of Directors of the Authority, from the date hereof the regular meeting date and regular meeting location of the Board of Directors shall be as follows: a. Regular Meeting Dates. The regular meetings of the Board of Directors shall be held at 7:00 p.m. on the first and third Wednesday of each month and will be held as a joint meeting with the City Council of the City; provided, however, if such regular meeting date and time of the City Council of the City are changed, then the regular meeting of the Authority shall, without further action by the Board of Directors, be changed to be the same date and time as such regular meeting of the City Council of the City in each month. If any regular meeting of the City Council falls on a holiday requiring the date of such City Council meeting to be changed, the regular meeting of the Authority shall be changed to be held on the same date as such City Council meeting. In the event that the Executive Director or Secretary of the Authority determines that there is no business of the Authority to be conducted at a regular meeting, then the Chairperson, the Executive Director or the Secretary of the Authority are authorized to take whatever actions are required by law to cancel such regularly scheduled meeting and to include a notation of such cancellation in the agenda for such meeting. b. Regular Meeting Location. All meetings of the Board of Directors shall be held at the regular meeting place of the City Council of the City, unless the Board of Directors shall adjourn to or fix another place of meeting in a notice to be given thereof. 3. Prohibition on Payment of Stipend or Other Compensation for Attendance at Meetings of the Board of Directors. Notwithstanding any provision to the contrary in the Agreement, any bylaws of the Authority or in any other prior resolutions or actions of the Board of Directors of the Authority, from the date hereof no Director shall be entitled to receive nor shall any Director be paid any stipend or other compensation for attending any meeting of the Board of Directors. 4. Authorization to Consummate Actioris for the Authority. The Chairman, the Vice Chairman, Executive Director, Treasurer, the Secretary, and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including execution and delivery of any and all agreements, certificates, notices, consents and other P745 documents which they, or any of them, may deem necessary or advisable in order to consummate the matters set forth in this Resolution. P746 5. Effective Date. This resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this day of November 2011. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Chairperson ATTEST: Janice C. Reynolds, Secretary I, Janice C. Reynolds, Secretary of the Rancho Cucamonga Public Finance Authority, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the Board of Directors of the Rancho Cucamonga Public Finance Authority, at a regular meeting of said Board of Directors held on , 2011. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 1~~~.~!-'k YI P147 STAFF REPORT PLSNNING DEPARTMENT " 1 RANCHO Date: November 2, 2011 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: DEVELOPMENT CODE UPDATE STATUS REPORT AND REVIEW OF PROPOSED CHANGES BACKGROUND: The Planning Department is continuing to review the administrative draft of the Development Code, making changes and seeking input from various departments across the City including Building and Safety, Code Enforcement, Engineering Services, Fire and the Redevelopment Agency to ensure that all aspects of development are considered in the new Code. Staff will complete their review on November 17, 2011, at which time PMC will begin drafting the Public Draft Development Code for public review in January. On October 5, 2011, staff presented the first of three planned reports to the Council to give a preview of the changes that are coming to the Development Code ahead of the Public Draft. In this report, staff has highlighted some key changes that are proposed to streamline and modernize the Code as it relates to land uses. KEY CHANGES: In fhe current Code, land uses are located across multiple sections of the document, which takes more time to research and creates unneeded confusion. For example, today, if an applicant wanted to know where a prospective doctor's office could locale within the City, staff would have to look in 4 different chapters of the Code to get this information. In addition, each chapter today defines land uses in different terms; in one chapter it is called 'medical health service', in another chapter it is called medical/dental office'. With the new Code, all land uses are grouped together into one Article of the Code. All uses will be listed in the new land use classification system, which is designed to group land use categories on the basis of a common function, product or compatibility characteristics. Land use descriptions have been updated to reflect more modern uses with thorough definitions for each land use to reduce interpretation and confusion. In addition, the new Code consolidates our existing non- conforming use regulations into one section, providing easier access and better understanding of these uses. The new Code will modernize standards for temporary uses (i.e., parking lot or sidewalk sales) to allow businesses additional days for these types of uses. This will provide more flexibility for businesses to generate sales based on their business needs. P746 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE STATUS REPORT ANDREVlEW OF PROPOSED CHANGES November 2, 2011 Pace 2 Included in the new Code is a section on specially regulated uses. This chapter provides specific requirements for uses that have the potential to create an adverse impact on the City. Examples of these uses are check cashing businesses, pawnshops, tattoo parlors, smoke shops, and thrift stores. For some of these uses, the new Code requires a minimum distance between like uses (i.e., 1000 feet between individual pawnshops) and a minimum distance between other specific uses (i.e., check cashing businesses must be 500 feet from a liquor store). This section also provides specifc development requirements for some of these uses. For example, for thrift stores, the new code requires a separate, distinct collection area and enhanced site maintenance to prevent the "dumping" of donations. With the new Code, all of our site development provisions are grouped together in one article. This will simplify the often frustrating process of finding detailed development provisions sprinkled throughout the code. Included are chapters dedicated to fences, lighting, and storage, among others. Also included is a consolidated chapter dedicated to non-conforming uses, providing easier access and clear development standards for these uses. CONCLUSION: The changes proposed in the new Development Code are designed to make the Code easy to use for staff, businesses and residents. The proposed changes to the land uses will make it easier to do business in Rancho Cucamonga, providing a clear understanding of our commitment to creating a quality community. The final report will discuss changes to signs and the introduction of a green building code that will provide flexibility and give us a competitive advantage in the Inland Empire for future economic growth. Resp cttully Submitt~ ~, Jam R. Troye~ ICP °•,•II",'^"/) Plan ng Director JRT/JN Background • Planning is continuing their review of the Administrative Draft of the Development Code • Gathering input from across City departments • PMC will deliver a Public Draft Development Code in January Land Use Table • Consolidated the land use tables from 4 separate chapters to 1 Article • One master land use table for most zones - Except Foothill Boulevard and Haven Avenue, which have unique land use characteristics - They will have separate tables located within the same article Updated, modern uses are provided throughout the use table, including new uses not previously considered and uses legally required Land Use Table • Uses are grouped into logical categories on the basis of a common function, product or compatibility characteristics - Residential Uses - Agriculture and Animal-Related Uses - Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses - Utility, Transportation, Public Facility, and Communication Uses - Retail, Service, and Office Uses - Automobile and Vehicle Uses - Industrial, Manufacturing, and Processing Uses • Table clearly states what is permitted and not permitted 2 Temporary Uses • Temporary uses allow for short term outdoor sales - Examples include: sidewalk/parking lot sales, Christmas Tree Lots and Pumpkin Patches • Currently, sidewalk/parking lot sales are only allowed for 3 days, 3 times per year • New code will allow a total number of days for these sales per year and provide more flexibility to business owners and property managers to have sidewalk/parking lot sales based on business need Specially Regulated Uses section to the Code • Provides specific requirements for uses that have the potential to create an adverse impact • Distance separations between like uses - 1,000 feet between any two pawn shops, smoke shops and tattoo parlors • Distance separations between certain uses and community uses - 500 feet between pawn shops, smoke shops and/or tattoo parlors and schools, parks, community centers and libraries. Site Development Provisions • Currently, site development provisions are listed by zone and are often repeated across chapters of the code • New Code will have one Article dedicated to all site development provisions, including but not limited to: Fences Lighting Storage Signs Landscaping Parking • New Chapter dedicated to Non-Conforming Uses 4 Site Development Provisions All Site Detebpueot Provision are nor grouped Into one Amick aIM chapters i for eae6 topk jtnncrio (~Ik:AMONGA \1 oeve~oPrEMtt:ooe ARIICIi N pyr nr ~rsn~r.~sw~wtavr~.. wi oirrne wrr*~..`.... iar ar~ir iii wd ~~- ~rex~ tw.nr r.r.~rs~rs~.. nri a`~~in ous~°s~ ~na~i.air... ~~a~ or nex aster eenwDrWr-were,.. 11 q1 urnw m~aeo~va urmrrw~.... ___sxnw i~s~ ourw ii`n .~""`~°~r°~Oe.e`°` vn~ urnn w~ urn,. arnn - a°¢s. ~;° ^r .~ °`a° ~°"4~.y ~ '~.. ;4 ~``, ~ ~ i`r~~` ti 1~ 1r~ ~~ we~r O d "ey.'wsr1i,r, w :~.1 q+1~ ,~`r~1+r "+.~,~ ` All outdoor '"~..` ~.. standards are `~ V one chaplet STAFF REPORT ` IUSCHO CUCdA[OAGA pOLICr. DEPdRTbIBN'C RANCHO Date: November 2, 2011 C,UCAMONGA To: Mayor and Member of the City Council John Gillison, City Manager From: Mike Newcombe, Police Chief Sam Lucia, Police Lieutenant Subject: CONSIDERATION OF ORDINANCE 851 ESTABLISHING A PERMIT PROCESS FOR DESIGNATED PARADES AND ASSEMBLIES WITHIN THE CITY OF RANCHO CUCAMONGA It is recommended that the City Council introduce for First Reading the attached Ordinance 851 that modifies Chapter.44 of Title 8 of the Rancho Cucamonga Municipal Code designating a permit process for designated parades and assemblies within the City of Rancho Cucamonga BACKGROUND On August 3, 2011 a staff report was brought before the City Council that included Ordinance No. 849 establishing a permit process for designated parades and assemblies within the City of Rancho Cucamonga. On August 17, 2011, the City Council approved and adopted Ordinance No. 849. Following the adoption of Ordinance No. 849, the Rancho Cucamonga Police Chief met with several concerned individuals about the specifics of Ordinance No. 849 and staff also conducted additional research and review. As a result of this review process, staff is proposing various changes which are reflected in the attached Ordinance 851. It is important to emphasize that neither Ordinance 849 nor the proposed Ordinance 851 are intended to restrict anyone's rights to free speech or to assemble, but rather the intent is to protect the health and safety of those involved in the parade or assembly as well as the remainder of the community. ANALYSIS The Police Department researched other cities to determine which have similar ordinances in place. Research showed that most major municipalities in this area have similar ordinances; however, Ordinance No. 851, even in its original format, is significantly less restrictive. Indeed, the primary purpose of Ordinance No. 851 is to prevent pedestrian-vehicular conflicts which could result from unforeseen and unplanned large parades and assemblies and create a threat to public safety. P149 In addition to formatting and minor word editing, staff is recommending four primary changes which are reflected in the proposed Ordinance 851. The first modification addresses citizen concerns regarding the number of people that can assemble before a permit is required. The definition of an assembly has been modified to increase the number of people to 100 (increased from 75). _ P150 CONSIllERA'I'ION OF ORDINANCE. 851 ESTABLISHING A PERMIT PROCESS FOR Pi\GI'. 2 llESIGNATED PARADES AND ASSEMBLIES WI"I'HiN THE CITk' OF RANCHO CUCAMONGA NOPHhBGR 2,?011 The second area of modification is in Section 8.44.040 -Application for permit. The time frame needed to apply for a permit is proposed to be four (4) days prior to the date of the parade or assembly (reduced from 6 days). The third area of modification is clarifying the specific criteria for issuance or denial of permission or a permit. The proposed Ordinance makes it clear that the permit is approved unless specific public safety based findings exist. The fourth area of modification is in Section 8.44.090 -Prohibitions. Three prohibitions addressing sign, pole, banner, and sign size were deleted. As explained at the time Ordinance 849 was adopted, the purpose of the proposed ordinance is to establish a process to obtain important information regarding planned parades and/or assemblies so as to allow the Police Department, Fire Department and other city departments to effectively plan in advance to assure the safety of all participants, residents and businesses during these events. A permit will only be required for events occurring upon public property that do not comply with normal and usual traffic regulations and controls and which inhibit the usual flaw of vehicular or pedestrian traffic. Events that comply with normal and usual traffc regulations and controls, regardless of size, do not need a permit. Further, all minor assemblies under the 100 person threshold, will not require a permit. It is expected that the vast majority of assemblies in Rancho Cucamonga will fall into one of these two categories. Ordinance 851 represents a tool that primarily comes into play only in limited circumstances where assemblies do not fall into the abovementioned two categories and City staff and the Police Department need advance notice and time to properly prepare for the event, so that it can be conducted safely. Ordinance 851 has nothing whatsoever to do with the message that is being conveyed, and as a result, is narrowly tailored so that it does not infringe on the important constitutional right of freedom of assembly and freedom of speech. In this regard it is not dissimilar to ordinances that exist in many other municipalities for the very same reasons. Major traffic thoroughfares, just like freeways, rail lines and airports are areas where the normal use of the infrastructure presents a serious potential for unsafe conditions for pedestrians, drivers and those that are participating in an assembly or parade and are not complying with normal and usual traffic regulations and controls. These unsafe conditions could be mitigated if the City and Police Department have advance notice and time to prepare for the event. Specifically defned within the ordinance, organizers of such events would be required to obtain a permit for events as follows (bold indicates area of revision): ASSEMBLY: Any meeting, demonstration, picket line, rally, gathering, or group of one- hundred (100) or more persons having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual Flow of pedestrian or vehicular travel or which occupies any public area, other than a "parade," as defined in this section. PARADE: Any march, demonstration, procession, motorcade, or promenade consisting of persons having a common purpose, design, or goal, upon any public place, which march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations qr control. P751 CONSIDERATION OF ORllINANCE 851 ESTABLISHING A PERbSIT PROCESS FOR Pncn 3 DESIGNATED PARAllES AND ASSEbSBLIES WITHIN THE CITY OF lU1NCH0 CUCAMONGA Event organizers will be required to obtain a no-fee permit through the Planning Department, in accordance with the provisions of the ordinance. The permit application will be reviewed in a timely manner by the Police Department, Fire Department and other appropriate city departments to insure that all identified safety and traffic requirements are properly planned for while also insuring the rights to freedom of speech and the rights of people to peaceably assemble. The City Manager or designee may only deny permission of a spontaneous parade or assembly by making a specific finding; otherwise the permit shall be automatically approved. History has shown that passion for a certain cause sometimes leads to action in the form of assemblies and/or parades. When not properly planned, these gatherings have the potential to develop into serious public safety situations that can result in danger to the participants, nearby motorists and/or spectators, or the general public. Within the past several years, Rancho Cucamonga has experienced a number of public assemblies that have caused some significant traffic disruptions and concerns for vehicular and pedestrian safety. Good advance planning allows appropriate public safety personnel and City staff to prepare for a safe traffic and pedestrian flow, to design an incident action plan, and to properly plan for the needed resources. This ensures that the event participants have a more positive, and safe experience, event spectators can safely view the event, and uninvolved motorists, business owners, pedestrians or members of the general public can conduct their business without undue interruption. While these types of activities often take place on public right-of-ways and/br near major streets, sometimes they are also planned for other public areas such as parks, civic centers, courthouses or other community facilities. The permit procedures proposed within the ordinance will allow effective planning for all of these possibilities. Respectfully submitted / Mike ew mbe Police hief Sam Lucia Police Lieutenant Attachments: Proposed Ordinance 851 CHANGE: Item N2. Page 152 ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 44 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING A PARADES AND ASSEMBLIES ORDINANCE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 44 of Title 8 of the Rancho Cucamonga Municipal Code is hereby amended d as follows: "Chapter 8.44 -PARADES AND ASSEMBLIES 8.44.010 - Pemtk required. No person shall engage in, conduct, or carry on the activity of a parade or assembly upon a public street or any other public place that does not comply with normal and usual traffic regulations and controls and inhibits the usual flow of vehicular or pedestrian traffic without a permit issued. The permit may authorize the use of sound amplifying equipment in conjunction with a parade or assembly without an additional permit issued. 8.44.020 -Definitions. ASSEMBLY: Any meeting, demonstration, picket line, rally, gathering, or group of one-hundred (100) or more persons having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a "parade," as defined in this section. PARADE: Any march, demonstration, procession, motorcade, or promenade consisting of persons having a common purpose, design, or goal, upon any public place, which march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control. 8.44.030 -Exemptions. A. The following types of events are exempt from the permit application provisions of this chapter shall not apply to the following: (1) Funeral processions. (2) Spontaneous parades or assemblies occasioned by news or affairs coming into public knowledge within three (3) days of such parade or assembly, provided that the organizers thereof give written notice to the City at least twenty four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information: P153 (a) The name, address and telephone number of the person or persons seeking to conduct the parade or assembly, who shall be considered a permittee for the purposes of this chapter; (b) The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; (c) The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct; (d) The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled; (e) A good faith estimate of the approximate number of persons who will be participating in the parade or assembly; (f) A good faith estimate of the approximate number of persons who will be observing the parade or assembly, if known. (g) The time at which the parade or assembly will start and conclude; (h) The type of security or other arrangements that will be provided to assure that participants are properly directed; and (i) A statement to be signed by the permittee that he or she will hold harmless and indemnify the City of Rancho Cucamonga, its elected officials, offcers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly. B. The City Manager or the Cily Manager's designee may only deny permission of a spontaneous parade or assembly by making a specific fnding pursuant to subsection A of section 8.44.050 within eighteen (18) hours after submission of the notice pursuant to subsection A(2) of section 8.44.030. If such a finding cannot be made, the permit shall be automatically approved. C. If permission is denied, the City Manager or City Manager's Designee shall immediately provide notice of the denial, including the relevant finding pursuant to subsection A of section 8.44.050, in all of the following manners: (1) By telephone to the permittee; (2) By written notice to the permittee; and (3) If the permittee provides a fax number, by fax. 8.44.040 -Application for permit. A. A person seeking issuance of a permit pursuant to this chapter shall fle an application with the City Manager or the City Manager's Designee on forms supplied by the City. P754 B. The application shall be filed with the City Manager or the City Manager's Designee in accordance with the following time limitations: (1) Not less than four (4) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of the following streets in the City of Rancho Cucamonga: Fourth St., Arrow Rt., Foothill Blvd., Church St., Base Line Rd. 19'" St., Carnelian St., Archibald Ave., Hermosa Ave., Haven Ave., Milliken Ave., Day Creek Blvd., Etiwanda Ave. (2) Not less than four (4) days prior to the dale of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of any other street in a commercial zone within the City of Rancho Cucamonga; (3) Not less than three (3) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in a residential zone, or outside of the roadway in a commercial zone, but within the sidewalk or any other portion of the public right of way; or (4) Not less than two (2) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along any park or other publicly owned traditional public forum in the City of Rancho Cucamonga not governed by subsections B(1) through B(3) of this section. C. The application shall include, but shall not be limited to, the following information: (1) The name, address and telephone number of the person or persons seeking to conduct the parade or assembly, who is the permittee for the purposes of this chapter; (2) The name, address and telephone number of the headquarters of the organization, if any, and of [he organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; (3) The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct; (4) The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled; (5) An estimate of the approximate number of persons who will be participating in the parade or assembly; (6) An estimate of the approximate number of persons who will be observing the parade or assembly; (7) The time when the parade or assembly will start and conclude; P755 (8) The type of security or other arrangements that will be provided to assure that participants are properly directed; (g) The minimum and maximum speeds that the parade is to travel, if applicable; (10)The maximum number of platoons or units, if any, in the parade or assembly, and the maximum and minimum interval of space to be maintained between the units of such parade or assembly; (11)The maximum length of such parade or assembly in miles or fractions thereof; (12)The number and type of vehicles in the parade or assembly, if any; (13)Whether any of the participants in the parade or assembly will be wearing any type of mask or other face covering; (14)A statement to be signed by the permittee that he or she will hold harmless and indemnify the City of Rancho Cucamonga, its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought; and (15)Written permission from a private property owner's for his or her property to be used for the purpose of parade or assembly set up or dispersal, if applicable. D. Within twenty four (24) hours of the submission of the application, the City Manager or the City Manager's Designee must notify [he applicant, in writing, whether the application is complete. If no such notice is given within twenty four (24) hours after submission, the application will be deemed to be complete. 8.44.050 -Specific criteria for issuance or denial of permission or a permit. A. The City Manager or City Manager's Designee shall without undue delay issue a permit upon reviewing and receiving an application submitted as required by section 8.44.040, or shall grant permission for a noticed parade pursuant to subsection B of section 8.44.030, unless there is a f nding of any of the following: (1) False Information The information contained in the notice or application is intentionally misleading or false; _ (2) Simultaneous Events The parade or assembly is proposed for a time and location for which another parade or assembly permit has been previously issued; (3) Traffic & Pedestrian Safety Conflicts (a) The parade or assembly is proposed to take place in the roadway portion of any street in a commercial zone between the hours of eight o'clock (8:00) A. M. and ten o'clock (10:00) A.M. or between the hours of P766 four o'clock (4:00) P. M. and six thirty o clock (6:30) P.M., Monday through Friday, unless the paade or assembly will occur on a national holiday; (b) The parade or assembly will require the simultaneous closure of the roadway portion of more than two (2) streets that run in a generally north and south direction between the hours of seven o'clock (7:00) A. M. and eight o'clock (8:00) P. M., Monday through Friday, or between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. on Saturday, unless the parade or assembly will occur on a national holiday; (c) The parade or assembly will require the simultaneous closure of the roadway portion of more than two (2) streets that run generally in an east and west direction between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P. M., Monday through Friday, or between the hours of ten o'clock ('10:00) A.M. and six o'clock (6:00) P.M. on Saturday, unless the parade or assembly will occur on a national holiday; (d) The parade or assembly, by itself or in combination with other parades or assemblies, will require closure of the roadway portion of any street in a commercial zone for mare than three (3) hours in any one day between the hours of seven o'clock (7:00) A. M. and eight o'clock (8:00) P. M., Monday through Friday; (e) The proposed route or location of the parade or assembly traverses a street or other public right of way that was scheduled for maintenance, construction or repair prior to the application for that parade or assembly permit, and the conduct of the parade or assembly would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade or assembly; (4) The proposed area for the assembly or for the set up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade or assembly, as reflected in the application completed submitted pursuant to subsection C of section 8.44.040; or (5) The parade or assembly would result in a violation of any federal, state or local law or regulation- B. If the'City Manager or the City Manager's Designee makes a finding pursuant to subsection A of this section, he or she shall deny permission or a permit to conduct the parade or assembly; otherwise, the permit shall be approved. C. As a condition of the issuance of a permit under the provisions of this chapter, the City Manager or the City Manager's Designee may require that the parade or assembly be limited to a portion of the width of the street or right of way upon which the applicant seeks to conduct the parade or assembly, provided that such limitation does not limit or interfere with the conduct of the parade or assembly or cause the parade or assembly to violate any other provision of this chapter or any other federal, state or local law or regulation. 8.44.060 -Nondiscrimination. P757 The offcial designated by the City to act on permit applications shall uniformly consider each application upon its merits, shall not discriminate in granting or denying applications, and shall not deny any permit based upon a subject matter or viewpoint expressed in the parade or assembly. 8.44.070 -Notice of issuance or denial of permit. A. The City Manager or the City Managers Designee shall approve or deny the permit application within the following time limitations, and shall notify in writing the applicant of the action taken: (1) If the permit is sought under the provisions of subsection 8.44.0408(1) or B(2), within two (2) days after submission of the application; or (2) If the permit is sought under the provisions of subsection 8.44.0408(3) or B(4), within twenty four (24) hours after submission of the application. B. If the. permit is denied, the notice of denial shall set forth the findings for denial pursuant to subsection A of section 8.44.050. 8.44.080 -Interference with parade or assembly. No person shall knowingly: A. Join or participate in any parade or assembly conducted under permit from the City in violation of any of the terms of said permit; , B. In any manner interfere with the progress or orderly conduct of a permitted parade or assembly. 8.44.090 -Prohibitions. The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies: A. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless specifically authorized by a permit. B. It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or other substance. C. It shall be unlawful for any person to carry, possess or wear, any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. P758 D. It shall be unlawful for any person to fail to abide by the instructions of a traffic control ofFlcer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade, demonstration, rally, picket line or assembly. E. It shall be unlawful for any person to ignite and/or burn any open Flame device, bonfire, recreational fire, cooking fire, warming fire, sign, Flag or effigy without first obtaining a permit from the Fire District. An open flame device includes, but is not limited to, a portable or stationary torch, road flare or fusee, fuel fired lantern, signal flare or sky lantern but not a candle smaller that 12" in height. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. 8.44.100 -Content of permit. A. The City Manager or City Manager's Designee shall state in the parade or assembly permit all of the required infonnation provided in the approved application pursuant to subsection C of section 8.44.040. The parade or assembly permit shall also state any condition imposed pursuant to subsection C of section 8.44.050. B. The chairperson of the parade or assembly, as designated in the application, shall at all times during the parade or assembly, including during assembly and dispersal, keep and maintain a copy of the permit upon his or her person. C. The permittee shall advise all participants in the parade or assembly of the terms and conditions of the permit prior to the commencement of the parade or assembly. 8.44.110 -City's costs to be paid by person or organization responsible for parade or assembly. A permittee under the provisions of this chapter shall reimburse the City for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the City Council by resolution. No fee shall be charged based• upon the need for security or increased police protection due to the nature of the parade or assembly. 8.44.120 -Violation. Any violation by the permittee or any participant in a parade or assembly of the terms or conditions of a parade or assembly permit issued pursuant to this chapter or of a parade or assembly notice pursuant to section 8.44.030 is a misdemeanor. 8.44.130 -Judicial review. Any permittee may seek judicial review of any decision made pursuant to this chapter." SECTION 2. Severability. If any clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every clause, phrase, or portion thereof, P159 irrespective of the fact that any one or more clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published pursuant to state law within fifteen (15) days aker its passage, and this ordinance shall become effective thirty (30) days after its passage. INTRODUCED this _ day of , 2011. PASSED, APPROVED, AND ADOPTED this _ day of , 2011 by the following vote: - AYES: NOES: ABSTAIN: EXCUSED: BY: ATTEST: City Clerk Mayor APPROVED AS TO FORM: City Attorney P160 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, ,City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance No. adding Chapter 44 of Title 8 of the Rancho Cucamonga Municipal Code regarding a Parades and Assemblies Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2011 by the following vote: - AYES: NOES: ABSTAIN: EXCUSED: ATTEST: City Clerk t .,,' ~ ,µ __..~.. ~~ T F .~ 9~~ ,~. a r'a~ ~„ m ~ V ~ m '` U .~ C!) 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U O .~_ ~U U ~"7l/~-'t'1~i P761 STAFF REPORT CITY MANAGER'S OFFICE ~~''yJ~ !~RANCHO Date: October 26, 2011 4UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Fabian Villenas, Principal Management Analyst Subject: Approval to Enter into Agreement with EV Connect LLC and ClipperCreek Inc., to Participate in Reconnect California Program and Upgrade Electric Vehicle Charging Stations at Various City Facilities to be Funded by the California Energy Commission It is recommended that the City Council authorize staff to enter into an agreement with EV Conned LLC and ClipperCreek Inc. for the upgrade of seven (7) existing public Electric Vehicle (EV) charging stations using grant funding made available under the California Energy Commission Reconnect grant. BACKGROUND A new generation of electric vehicles has emerged as the leading alternative fuel vehicle for those interested in reducing their dependence on petroleum and its rising cost, and decreasing their vehicle-related emissions that contribute to poor air quality and greenhouse gas emissions. The new electric vehicle technology, and its universal charging compatibility, has been embraced by many of the leading car manufacturers. The Nissan Leaf and the Chevrolet Volt were released this past year with many more electric vehicle models scheduled to be released in 2012. The public has begun to purchase electric vehicles and efforts to provide a charging infrastructure in major California metropolitan areas are undervay. In Rancho Cucamonga, our Healthy Earth program includes a 2011 goal of becoming an electric vehicle friendly community. Fourteen ClipperCreek EV charging stations were installed during the 1990s at the following Rancho Cucamonga municipal facilities: Sports Complex (1), Metrolink Station (2), Civic Center (2), Corporate Yard (3), Archibald Library (1 ), Milliken Park (1), Heritage Park (1), Red Hill Park (1), Windrows Park (1), and Beryl Park West (1). These outdated units do not have a universal charging feature and cannot charge any of the modern electric vehicles. ClipperCreek received California Energy Commission funding through the Reconnect California Program to update existing, yet obsolete, electric vehicle infrastructure that they originally installed. The charging unit to be installed is the ClipperCreek Level II (240 volt) CS-40 unit which supports existing and proposed rollouts of electric and plug-in hybrid vehicles. This unit will sufficiently charge an electric vehicle in 2 to 3 hours. EV Connect LLC is the grant facilitator and installation company working with ClipperCreek to install these units. The grant program requires that the new chargers be installed by December 31, 2011. Reconnect grant funds will cover the entire cost of the manufacturer's charging unit and its installation. The City is not responsible for paying any portion of the unit or its installation. Nominal P162 APPROVAL'1'OEN'17iR INTO AGRIiI?h1EN"1'WI"1'II EV CONNL!C'1'LLC AND CIdPPGRCREIiK INCy'1'CI PAGIi2 PARTICIPATE IN RECONNECT C:\hIEORNI:\ PROGR,\M AND UPGR:\DE ELECTRIC V I'.HIChIS CHARGING STATIONS .\T V:\RIOUS C11Y F!\cn.mEti TO BE FUNDED RY'1'HI: C:\LII~ORNIA ENIiRGY CGh1h1ISSION OCTOBER 26, 2011 costs to the Ciry include the placement of signs, estimated at $800, and the cost of energy used. These vests can be absorbed into the existing operational budget. The signs will designate the parking space for electric vehicles only and places a parking limit of four (4) hours. The signs will also inform the public that the charging stations are part of agrant-funded pilot program. The City Attorney has reviewed the site agreement between the Ciry, EV Connect LLC, and ClipperCreek for the charging station unit and its installation, and foal drafts are being reviewed by all parties. This pilot program to provide public EV charging stations gives the Ciry an opportunity to gauge station usage and demand. This information will be monitored and evaluated by City staff in order to determine whether applying a charging fee for station use in the future is appropriate. The replacement of seven (7) charge stations is recommended based on public access and predicted utilization which includes: Sports Complex (1), Metrolink Station (2), Civic Center City Hall public parking lot (1), Archibald Library (1), Heritage Park (1), and Red Hill Park (1). CONCLUSION It is recommended that the City Council authorize staff to enter into an agreement with EV Connect LLC and ClipperCreek Inc. for the replacement of seven (7) public charging stations using California Energy Commission Reconnect grant funds at: Sports Complex (1), Metrolink Station (2), Civic Center City Hall public parking lot (1), Archibald Library (1), Heritage Park (1), and Red Hill Park (1) as part of an EV charging station pilot program. Respectfully Submitted, 1 ~~ ~ Jr Fabian Villenas Principal Management Analyst EV Public Charging Station Pilot Program New Generation of EVs ,~~ ~,~~~-~ Mitsubishi i-miEV .~_ - ~~'~Y Ford Focus Chevrolet Volt Nissan Leaf Toyota Rav4 EV Friendly Community • Streamlined Permitting Process • Development Code Update • Alternative Fuel City Fleet • Clean Fuel Vehicle Branding EV Public Charging Station Upgrade ~ o, ClipperCreek Level II (240 volt) CS-40 Pilot Program • Reconnect Grant Program by California Energy Commission • Upgrade of Seven Public Charging Stations • Free Unit and Installation • Assist in Measuring Charger Use and Demand