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HomeMy WebLinkAbout2000/03/15 - Agenda Packet CITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. March 15, 2000 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tent Paul Blanc, Councilmember James V. Curatalo, Councilmember Bob Dutton, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda March 15, 2000 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. A. CALL TO ORDER Roll Call: Alexander Biane t Curatalo Dutto~ , and t Williams B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of a Proclamation to DARE Officers for appreciation. 2. Presentation of Certificate of Achievement to Jerry La Pointe of Jerry La Pointe Video Productions. His original production "Our Favorite Place," describing the services and opportunities for youngsters visiting the Rancho Cucamonga Public Library, received the Platinum "Best of Show" Award in the 1999 Aurora Awards Film and Video competition. 3. Presentation of a Proclamation recognizing Les Richter of the California Speedway for his Regional Contributions and Involvement. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENTCALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: February 2, 2000 February 7, 2000 (Adjourned Meeting) February 23, 2000 (Special Meeting) 2. Approval of Warrants, Register Nos. 2/23/00 and 3/1/00 and Payroll ending 2/17/00 for the total amount of $2,520,563.05. 3. Approval to receive and file current Investment Schedule as of February 29, 2000. 4. Approval of a Resolution establishing findings and determinations regarding an appeal filed by George Georgiou. 1 10 16 City Council Agenda March 15, 2000 2 RESOLUTION NO. 00-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING ITS FINDINGS AND DETERMINATIONS REGARDING 6549 EGGLESTONE PLACE, RANCHO CUCAMONGA, CALIFORNIA 17 Approval of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 00-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 98-12, located at the nodhwest terminus of Bell Court, west of Red Oak Street, submitted by Charles Unsworth. RESOLUTION NO. 00-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DR 98-12 RESOLUTION NO. 00-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 98-12 19 20 26 28 29 City Council Agenda March 15, 2000 Approval of Map, Improvement Agreement, and Improvement Security for interior streets and storm drains (2nd phase, Victoria Park Lane to Highland Avenue), and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map No. 15875, located on the northeast corner of Base Line Road and Day Creek Boulevard, submitted by Kaufman and Broad of Southern California, Inc., a California Corporation. RESOLUTION NO. 00-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15875 AND IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 00-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALKIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NUMBER 15875 8. Approval to award and authorize the execution of the Contract (CO 00- 012) in the amount of $32,450.00 ($29,500.00 plus 10% contingency) for the Modification of Traffic Signals and Intersection Lighting at Carnelian Street and 19th Street (SR 30), to the apparent low bidder, New West Signals, to be funded from Transportation Fund Account No. 22-4637-9811. 9. Approval to accept Irrevocable Authority to Pay #LG200012A reducing the Faithful Performance Bond for Tract 13812, located on the south side of Summit Avenue, west of Etiwanda Avenue, submitted by Wealth V, LLC and release Irrevocable Authority to Pay #SB995038. 10. Approval to accept the Haven Avenue Pavement Rehabilitation Project, Contract No. 99-089, as complete, release the bonds, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $250,594.07. RESOLUTION NO. 00-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE PAVEMENT REHABILITATION PROJECT AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION 33 36 37 41 43 45 47 City Council Agenda March 15, 2000 11. Approval of the Resolutions approving and confirming the Engineer's Reports and Setting of Public Hearing for May 3, 2000, to Levy the Annual Assessments for Fiscal Year 2000/2001 for Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7 and 8. No increase of assessment rate is proposed. RESOLUTION NO. 00-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF THE CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTICT NO. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 00-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 12. Approval of the Resolutions approving and confirming the Engineer's Reports and Setting of Public Hearing for May 3, 2000, to Levy the Annual Assessments for Fiscal Year 2000/2001 for Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7 and 8. No increase of assessment rate is proposed. RESOLUTION NO. 00-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF THE CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1, 2, 3, 4, 5, 6, 7 AND 8. NO INCRASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 00-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2000/2001 PURSUANT TO 48 51 84 56 City Council Agenda March 15, 2000 THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 13. Approval of the Resolution approving and confirming the Engineer's Reports and Setting of Public Hearing for May 3, 2000, to Levy the Annual Assessments for Fiscal Year 2000/2001 for the Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 00-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF THE CITY ENG9NEER'S ANNUAL REPORTS FOR PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 00-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85), FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 59 61 62 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act them upon at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. NoltemsSubmi~ed. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. City Council Agenda March 15, 2000 G. PUBLIC HEARINGS The following requirements. testimony. items have no legal publication or posting The Chair will open the meeting to receive public No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. APPROVAL AND EXECUTION OF LICENSE AND COVENANT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND GENERAL DYNAMICS PROPERTIES, INC., (CO 00-013) FOR CITY'S TEMPORARY USE OF GENERAL DYNAMICS PROPERTIES, INC. PROPERTY FOR A TEMPORARY PARKING LOT DURING CONSTRUCTION OF PHASE II, PARKING LOT EXPANSION AT THE CITY'S METROLINK STATION, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND THE AT&SF. APPROVAL TO AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT (CQ00-014) IN THE AMOUNT OF $7,740,172.28 ($7,036,520.25 PLUS 10%) FOR THE CONSTRUCTION OF THE FOOTHILL BOULEVARD MEDIANS PHASE II FROM 600 FEET WEST OF HERMOSA AVENUE TO HAVEN AVENUE, DEER CREEK CHANNEL BRIDGE WIDENING, FOOTHILL/HERMOSA STORM DRAIN AND HERMOSA AVENUE STREET WIDENING PROJECT TO THE APPARENT LOW BIDDER, KEC ENGINEERING, TO BE FUNDED FROM ACCOUNT NOS. 32-4637-9824, 22-4637-8833, 22- 4637-9920, 12-4637-9610 AND 74-4225-7044 (RE: ALSO FUNDED BY RDA ACCOUNT NO. 15-51000 AND APPROPRIATIONS FROM ECONOMIC DEVELOPMENT RESERVES). 65 68 I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE 2. UPDATE OF DEVELOPMENT PLANS FOR NEW LOS OSOS HIGH SCHOOL (Oral Presentation) 71 City Council Agenda March 15, 2000 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the city Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. Lo ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 9, 2000, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. February 2, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINTUES Regular Meeting A. CALLTO ORDER A regular meeting of the City Council was held on Wednesday, February 2, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:03 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Rick Gomez, Community Development Director; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director;-Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Joan Kruse, Purchasing Manager, congratulating her on her retirement. Mayor Alexander presented the Proclamation to Joan Kruse, Purchasing Manager. Joan Kruse thanked the Council for the support they have given to the City staff and for the opportunity she had been given. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons, Etiwanda, thanked the Council for working with SOC (Save Our Children). He talked about the Route 30 Freeway auxiliary lane that would make it easier for the high school kids to travel the freeway to get to school. He stated he felt this was government at its best. He also thanked the City staff for their hard work to accomplish this. C2. Brett Lance, 11969 Lone Peak Drive, addressed the Council about the construction for the Rochester overpass. He stated he thought the overpass was to be completed by February 1 and now wanted to know when it will be completed. He brought up that he and some of his neighbors had met with staff about the construction of a culdesac on his street. He stated staff told him it is very costly. He also mentioned that cars are racing through his street. City Council Minu~s February 2,2000 Page 2 C3. Millie Morris, 5109 Lipizzan, stated she was present to deliver a letter to the Mayor and Lauren Development. She stated some of the residents from the Lauren Development had got together to talk about the tension throughout the Haven View community. She stated she has a right to have a neighborhood meeting and did not like people coming to the meeting only to try to break it up. C4. Steve Camron, Fieldstone Development, stated he is not involved with the Haven project, but has developed near Highland and Rochester. He commended the staff work for the work they did to help him, and appreciated the assistance he received even though the City does demand a lot from a developer. D. CONSENT CALENDAR D1. Approval of Minutes: December15,1999 January 5,2000 D2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Local Street Pavement Rehabilitation - Slurry Seal of various streets, to be funded from Account No. 32-4637-9113. RESOLUTION NO. 00-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Local Street Pavement Rehabilitation - Overlay of various streets, to be funded from Account No. 32-4637-9113. RESOLUTION NO. 00-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of Local Law Enfomement Block Grant for the Year 2000. D5. Approval of Amendment #1 to Amended and Restated Lease Agreement (CO92-064) between the City of Rancho Cucamonga and Valley Baseball Club, Inc., regarding security. D6. Approval of a Request to Summarily Vacate Excess Street Right-of-Way at the southwest corner of Arrow Route and Hermosa Avenue, 5-166 -APN: 209-041-52. City Council Minutes February 2, 2000 Page 3 RESOLUTION NO. 00-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF HERMOSA AVENUE AND ARROW ROUTE D7. Approval and Execution of Program Supplement Agreement No. 002-M to administer Agency- State Agreement for Federal-Aid Projects No. 08-5420 (CO 00-001), between the City of Rancho Cucamonga and the State of California for funding for the preliminary engineering to expand parking and loading platform at the City's Metrolink Station located at the southwest corner of Milliken Avenue and the AT&SF. RESOLUTION NO. 00-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT AGREEMENT NO. 002-M TO ADMINISTER AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5420, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR FUNDING FOR THE PRELIMINARY ENGINEERING TO EXPAND PARKING AND LOADING PLATFORM AT THE CITY'S METROLINK STATION LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND THE AT&SF. D8. Approval to release the Faithful Performance Bond for improvements for Tract 13303-1, submitted by Lewis Development Company, located on the southwest corner of Mountain View Drive and Tetra Vista Parkway. Release: Faithful Performance Bond #145051S $32,700.00 D9. Approval to release the Faithful Performance Bonds for improvements for Tract 13304, submitted by Lewis Development Company, located on the northeast corner of Mountain View Drive and Terra Vista Parkway. Release: Faithful Performance Bond #223992S $55,795.00 Faithful Performance Bond #223993S 42, 130.00 Faithful Performance Bond #223991S 32,600.00 D10. Release of Maintenance Guarantee Bond No. 441394 in the amount of $17,985.00 and Maintenance Guarantee Bond No. 441396 in the amount of $23,427.75 for Tract 13565, located on the northeast corner of San Sevaine and Wardman Bullock. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports listed within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No items submitted. City Council Minutes February 2, 2000 Page 4 F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF FORMATION OF CITYVVIDE COMMUNITY FACILITIES DISTRICT FOR THE FINANCING OF A PORTION QF CENTRAL PARK (Continued from September '1, 1999) Staff report presented by Rick Gomez, Community Development Director. He brought to the Council's attention that Resolution Nos. 00-016 and 00-017 had been modified which had been distributed to the Council and the changes were identified in bold. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Douglas Pure commented on a statement made by Mayor Alexander that it would increase property values. Mayor Alexander commented that this was his opinion. Mr. Pure stated he wants the City to be ~scally prudent. He stated he hardly ever sees a policeman around his street any more. He commented he is concerned about the financing and funding of this project. He inquired about the $129 per parcel that would be added to everyone's tax bill if this is approved. Rick Gomez, Community Development Director, pointed out if there are three units on one parcel the cost would be $129 for that property owner. Mr. Pure commented he felt the fees should be charged proportionately. He stated he has a problem paying for a park that he doesn't feel he will get any benefit from. He asked how the tax would be set. Rick Gomez, Community Development Director, stated it is done through a Mello Roos. Mr. Pure added that he and some of his neighbors do not like the idea of a Mello Roos or an association fee. He felt low cost maintenance for plants would help to save money. He continued to inquire what would happen with the property if this is not appreved by the voters. Councilmember Williams stated the property will remain as is and that it is designated to be a park to possibly be built some time in the future a small portion at a time. Mr. Pure questioned the dog park and the liability this would put on the City. Jim Markman, City Attorney, stated they have studied this and found no examples from other cities where this was a problem. Councilmember Williams told him to visit the Claremont Park because he would be surprised that there are no problems, Nancy Brinkley asked if there was any wild life creatures that would get hurt because of the park land being developed. Rick Gomez, Community Development Director, stated there is a finding there might be a species on the site. Ms. Brinkley stated she does not feel there are many people aware of Central Park and that their taxes will go up if it is approved. She felt more awareness needed to be made to the people about the park. She stated Councilmember Curatalo had made a comment "there will be a City Council Minutes February 2, 2000 Page 5 Central Park." She felt this was a done deal. She felt the City needed to concentrate on sidewalk repairs. Councilmember Williams stated the Task Force has designated this to be a park, but that this may not be in our lifetime. Coumcilmember Biane inquired about the cost of the park. Rick Gomez, Community Development Director, stated for what they are proposing to build the cost is $24.3 million. Gary Kendrick stated he opposes another bond to build a park. He did not feel there should be another tax to the people. Mayor Alexander asked him if he supported other bond measures. Gary Kendrick stated yes and that they were for the children, but that he does not support this one and will not vote for it. He stated he would form a committee to oppose the bond. Susan Bowerly stated she would like to know about the Central Park Task Force as far as when they meet, etc. Staff and the Council gave her the information she needed about the meetings so that she could attend in the future. Ms. Bowerly stated she would like a park but not the kind that is being proposed. Councilmember Willlares stated there has been a need identified for the aquatics center which would help pay for the park, and added that other than that it is to be a passive park. John Lyons stated he supports Central Park and would encourage everyone to support it. Mary Ganeen stated she has lived in the City for 29 years. She stated she is not opposed to the park, but felt the City should build the park a little bit at a time and start simple and work its way up. Mayor Alexander stated this first started out with an $800 assessment and now it is down to $129. Ms. Ganeen felt there should be more facilities for the kids to do sports. She was concerned for senior citizens on a fixed income. She stated she has not received a survey about this and did not know of anyone who had. Rick Gomez, Community Development Director, stated it was a telephone survey. Councilmember Willlares stated there was a casual survey done through the Grapevine also. Mayor Alexander stated it is the residents that will have a vote on this, that the City Council cannot campaign for it. Ms, Ganeen felt $129 was a lot of money. She felt it should be voted on at the general municipal election as opposed to a special election because more people would come out to vote for it. Melissa McKeith, 4993 Ginger Court, asked what would happen if the bond issue fails. Mayor Alexander stated the property would remain designated as park land. Cjty Council Minutes Februan/2,2000 Page 6 Ms. McKeith asked if the property would have to go back to the people who sold it to the City should the park not be built by a certain timeframe. James Markman, City Attorney, stated he felt there was no time period to get the park built by, and consequently would not have to go back to the original sellers of the land. Ms. McKeith asked if the City would come back to the people with some other suggestion should the bond issue fail at $129. Mayor Alexander reported the Task Force has already tapered the amount down to $129. Ms. McKeith stated she supported the park measure. She asked if she is a part of other park assessment districts, i.e., Red Hill and Heritage Parks. Rick Gomez, Community Development Director, stated he did not think she is in PD-85. Ms. McKeith stated she supports the measure and asked the Council to scare down the assessment amount if the measure fails and to try this approach. She stated she hears people say they want a park, just not such an expensive park. Eric Vale, 7551 Rhode Island Court, stated he supports Mr. Kendrick's comments indicating he does not like to pay taxes either. He stated he got involved with the Task Force because the cost of the assessment was a concern to him and other members of the Task Force. He stated he and the Task Force wanted to see how the park could be paid for. He stated after researching this, the Task Force decided to go along with a Community Facilities District to pay for the park. He continued to talk about the histon/of the work of the Task Force and how they came up with their decision and recommendation that is before the Council tonight. He felt it was a wholesome, family value for $129 per year. He felt this was the best alternative for the City. Donna Abraham quoted the number of parcels to be charged the $129 per year assessment and how much money this would bring in to maintain the park. She stated she was not asked what she wanted to be included in the park. She pointed out she has kids in sports and that this does not accommodate that. She stated she would be paying more money to use the other aspects of the park. She did not agree with this. She stated it is too much money to assess even/one. Mayor Alexander suggested she attend the Task Force meetings to hear more details about the park plan. Ms. Abraham stated she would go to the meetings. She also inquired about the utility tax. Jack Lam, City Manager, stated it is charged to pay for police and fire services because of money that was taken away from the City. Ms. Abraham stated she did not vote for the establishment of the utility tax. Jerry Guarracino, 6081 Hellman, stated he is on the Task Force and that this public hearing is to get everyone's questions answered. He felt if people would go to the Task Force meetings they would get their answers. He stated even though there are those stay-at-home parents that say this will be expensive to pay for, they will get to enjoy its benefits. He felt the City should continue to invest in those residents and their children. Primo Morales, 8210 M alvern. stated he is a member of the Task Force and the Sports Advisory Committee. He stated he previously always asked where are the sports fields. He stated he is in favor of this passive park and feels it is something different. He stated he did not agree with Mr. Kendrick that this was not for the kids because he feels it is. City Council Minutes February 2, 2000 Page ? Patricia Carlson of Rancho Cucamonga for 13 years, stated her kids are in favor of this. She stated people she talks to are in favor of the park. She wondered if people do not vote for this to happen, when will be a good time for it. She felt everyone needs would be met at the park. She felt Central Park would attract more business to come to the City. She felt everyone should be mature and realize that things do not stay the same and that this is progress for the City. Esther Jimenez Alexander stated she has gone to many parks throughout the Country even though she does not live in a particular City where the park is located. She felt many visitors would also come to Central Park from outside the City. She felt people would get a lot of use from the park and stated she looks forward to going to Central Park. There being no further response, the public hearing was closed. Councilmember Biane inquired about the payment structure for PD-85 which was explained to him by Rick Gomez, Community Development Director. Councilmember Curatalo stated he does not want to see a string of apartments on that property and will do whatever he can to get the park built. Councilmember Dutton stated in the Midwest there is a lot of open space and a park called Pioneer Park for the community. He felt the park property should be reserved and used as park property. He felt there were a lot of people who want to see something done on this property now. He stated he would like to see a pay-as-you-go plan and to build something affordable. He indicated he would fight to keep this property as park property. He thanked the Task Fome for their work on this project. He apologized to those people that did not know about the Task Fome meetings. He felt the City should go forward with this. Councilmember Willlares stated she has been for this project since 1980 and that this is a passion of hers. She stated it is preserved to be a park no matter what happens with the approval of this measure. She stated she agreed with Councilmember Curatalo that somehow this will be a park some day. She felt the citizens have the right to vote for this and have a say in what happens. She felt they should move forward and put this on the ballot. Mayor Alexander stated if this goes forward later rather than now, it will cost more. He hoped this goes forward now. He commented on the cost and did not think it was that much compared to what you pay for other types of entertainment. He felt it was cheap entertainment. Councilmember Biane stated he supports the park and the Task Force's recommendation. 'He felt the bond measure would give the people the chance if they want to pay for this through voting for the assessment. He commented on the opportunities that would be available at the park and stated it can provide for the family. He felt this park is something different. He felt now is the time for Central Park. MOTION: Moved by Willjams, seconded by Curatalo to approve the Central Park Project Initial Study, California Gnatchatcher Survey and the Presence/Absence Trapping Study for San Bernardino Kangaroo Rat. Motion carried unanimously 5-0. James Markman, City Attorney, stated if there was a 50% protest present tonight, they would have to stop this process, but since there isn't, the Council could move forward. City Council Minutes February 2, 2000 Page 8 RESOLUTION NO. 00-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK), ESTABLISHING AN APPROPRIATIONS LIMIT, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT, AND CALLING A SPECIAL ELECTION MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 00-016 as amended. Motion carried unanimously 5-0. RESOLUTION NO. 00-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, ORDERING SUBMITTED TO 'THE QUALIFIED ELECTORS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK) A PROPOSITION RELATING TO THE DISTRICT, GIVING NOTICE OF A SPECIAL ELECTION AND ESTABLISHING PROCEDURES FOR CONDUCTING THE ELECTION MOTION: Moved by Dutton, seconded by Williams to approve Resolution No. 00-017 as amended. Motion carried unanimously 5-0. RESOLUTION NO. 00-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL NEGATIVE DECLARATION, ADOPTING A MITIGATION MONITORING PROGRAM, AND ORDERING THE FILING OF A NOTICE OF DETERMINATION IN CONNECTION WITH THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK), OTHER RELATED ACTIONS AND THE CONSTRUCTION AND OPERATION OF CENTRAL PARK MOTION: moved by Biane, seconded by Curatalo to approve Resolution No. 00-018. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No items submitted. H. CITY MANAGER'S STAFF REPORTS No items submitted. City Council Minutes February 2, 2000 Page 9 I. COUNCIL BUSINESS No items submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. George Georgiou, asked if his appeal filed on April 19, 1999 would be heard or not. He stated he had received a letter from the City Clerk stating his appeal would be held, but without identifying which appeal. Mayor Alexander advised him his appeal would be heard and that Mr. Georgiou had been notified of the date and time of the hearing. He stated it would be heard under the guidelines adopted by the City. Mr. Georgiou asked which appeal. Mayor Alexander asked Mr. Markman which appeal is Mr. Georgiou talking about. James Markman, City Attorney, stated he understands that Mr. Georgiou has issue as to whether his block wall was built correctly or not and if the Building Official made a correct decision if it was built in accordance with the then applicable Paw. He advised Mr. Georgiou that the City was going to give him what he requested. He stated he did not care what date, what letter Mr. Georgiou was referring to, the Council would hear his appeal. Mr. Georgiou stated he hoped the Council would take corrective action because he felt they violated the Ralph M. Brown Act in setting his matter to be heard before the Council. Mayor Alexander stated his appeal would be heard. James Markman, City Attorney, stated the Brown Act was not violated at the last meeting and that this meeting will be noticed per the law. K2. Jedd Keck, 5657 Sapphire, stated there is one stretch of Sapphire that goes without a stop sign. He asked if a bike and walking route could go along this section. Mayor Alexander stated this can come back at the next meting after a report is written addressing his concerns. City Council Minutes February 2, 2000 Page ]0 L. ADJOURNMENT MOTIN: Moved by Williams, seconded to Biane to adjourn to executive session to discuss pending litigation regarding the City of Rancho Cucamonga versus County of San Bernardino, et al (University Project), per Government Code Section 54956.9. Executive Session will be adjourning to Monday, February 7, 2000, at 8:00 a.m. for a team building exercise follow-up meeting to be held in the Training Conference Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 5-0. The meeting adjourned at 9:25 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk February 7, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Monday, February 7, 2000, in the Training Conference Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 9:10 a.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; Pamela Easter, Deputy City Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Linda D. Daniels, Redevelopment Director; Rick Gomez, Community Development Director; Brad Buller, City Planner, Bill Makshanoff, Building official; Joe O'Neil, City Engineer; Kevin McArdle, Community Services Director; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Deborah Clark, Library Director; Dennis Michael, Fire Chief; Rodney Hoops, Police Chief; and Debra J. Adams, City Clerk. B. ITEM OF BUSINESS B1. TEAM BUILDING FOLLOW-UP EXERICSE The exercise began with involvement between the City Council and City Manager. At approximately 10:35 a.m., Department Heads and the City Manager's staff joined the group to complete the team building exercise. (Mayor Alexander left the meeting at 11:30 a.m.) C, COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. ADJOURNMENT The meeting adjourned at 12:10 p.m. Respectfully Submitted, Approved: * Debra J. Adams, CMC City Clerk February 23, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, February 23, 2000, in the Tri Communities Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Bill Curley, Deputy City Attorney; Rick Gomez, Community Development Director; Bill Makshanoff, Building official; John Thomas, Plan Check Manager/Fire; Allen Brock, Plan Check Manager/Building; Carlos Silva, Sr. Building Inspector; and Debra J. Adams, City Clerk. B. ITEM OF BUSINESS B1. HEARING QF BUILDING AND SAFETY OFFICIAL'S DECISION REGARDING SLUMP STONE WALL LOCATED AT 6549 EGGLESTON PLACE, RANCHO CUCAMONGA (Please refer to the transcript of proceedings for this matter which is attached.) C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public, D. ADJOURNMENT The meeting adjourned at 6:33 p.m. Respectfully Submitted, Approved: * Debra J. Adams, CMC City Clerk Transcript of Proceedings 02/23/2000 1 (Pages 1 to 4) BUILDI/qG APPEALS HEARING ) BEFORE THE CITY COUNCIL ) OF RANCHO CUCAMONGA ) ) February 23, 2000 ) ) TRANSCRIFF OF PROCEEDINGS Rancho Cucamonga, California Wednesday, February 23, 2000 Reported by: JENNIFER D. BARKER CSR No. 12168 JOB No. 561006 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For the City of Rancho Cucamonga: WILLIAM ALEXANDER, Mayor DIANE WILLIAMS, Mayor Pro-Teal JACK LAM, City Manager WILLIAM P. CURLEy III, City Attorney DEBBIE ADAMS, City Clerk PAUL BIANE, Councilmember JAMES V. CURATALO, Councilmember BOB DUTrON, Councilmember GEORGE M. GEORG1OU RICK COMEZ AL ISOLDA BILL MAKSHANOFF Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BUILDING APPEALS HEARING ) BEFORE THE CITY COUNCIL ) OF RANClIO CUCAMONGA ) ) February 23, 2000 ) ) Transcript of Proceeding, taken at 10500 Civic Center Drive, Rancho Cucamonga, California, beE~nning at 5:01 p.m. and ending at 6:35 p.m. on Wednesday, February 23, 2000, before JENNtPER D. BARKER, Certified Shorthand Reporter No. 12168. Page 2 Rancho Cucamonga, California, Wednesday, February 23, 2000 5:01 p.m. - 6:35 p.m. 1 2 3 4 5 MR. AI .EXANDER: Okay. We~l call a special 6 meeting for the city council of Rancho Cueamonga to 7 order. Iwouldaskthatyouallpleasestandandjoin 8 us in the pledge of allegiance. 9 (Roll call of Councilmembers.) 10 MR.. ALEXANDER: Item B, item of business, is 11 one hearing of building and safety official's decision 12 regarding slump stone wall located at 6549 Egghston 13 Place. 14 MR. LAM: Mr. Mayor, members of the council, 15 Mr. Makshanoff will give that report. You might note 16 that the meeting is not only recorded but we also have a 17 court reporter also reporting the proceedings, so if we 18 could speak clearly and not too quickly, well get 19 through this. Mr. Makshanoff. 20 MR. MAKSHANOFF: As I stanc my report Allen 21 Brock is going to be putting up some overheads on the 22 wall. 23 Mr. Mayor, memben of the city council, this 24 hearing tonight is to hear an appeal by Mr. Georgiou 25 regarding my decision on a masonry wall constructed at Page 4 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 2 (Pages 5 to 8) 1 his property located at 6549 Eggleston place in Rancho 2 Cucamonga. 3 MR. ALEXANDER: Pardon me one second. Since we 4 are recording, are those numerically identified on the 5 back of the pictures so that we can reference in regard 6 to the recording and the pictures? 7 MR. MAKSHANOFF: In the staff report there, 8 thin is Exhibit 1 or Exhibit A. Fm sorry. 9 MR. ALEXANDER: Oh, all tight. 10 MR. MAKSHANOFF: It's my recommendation that 11 the city council deny the appeal and uphold the decision 12 of the building and safety official that the subject 13 wall meets the reqinrements of the Unfform Building 14 Code. 15 We started this back in November of 1997. 16 ML Georgiou filed a complaint with the buildbig and 17 safety division and the complaint stated that in his 18 opinion he didn't think the wall which was constnlcted 19 by Citation Homes was constructed properly. In response 20 to his complaint, the fn'st inspection took place on 21 November 6th of 1997, and in that report there were two 22 inspectors out there that day, Mr. Jim Schroeder and 23 Mx. Jerry Pips. In that report, the fn~t comment 24 is that the wall appeared to meet the minimum 25 requirements of the city standards, and it goes on to 1 of his investigation was to observe the exposed 2 vertical and horizontal steel, the gwuting of the cells 3 containing the steel, and the stability of the wall. He 4 stated that the general appearance of the wall was good 5 and there was no apparent leaning, cracking or other 6 visible signs of distress. Mr. Stamp~ scanned the wall 7 with a metal detector to locate the remaining vertical 8 steel. He also drilled two haft-inch-diameter holes in 9 the bottom course of blocks in two locations containing 10 the vertical steel to determine if the cells were fully 11 grouted. In his report, he states that Inll grout 12 penetration wos present hi both locations. He then 13 uncovered the foundation in three hicatioas to determine 14 ifthefoundationwasofadequatesinetosupportthe Page 7 1 suggest that a concrete block pilaster might stop the 2 movement if built at an expansion joint inside the 3 property. 4 On December 15th of 1997, a second hispecrion 5 was held at the site with Mr. Georgiou, a representative 6 from Citation Homes, along with lVh'. Schrocder from 7 building and safety present at the meeting. At that 8 meeting, it was decided to remove a portion of the wall 9 hi order to expose horizontal reinforcement steel and to 10 determine whether or not the cells containing the steel 11 was properly reinforced. 12 A building permit was to be obtained for this 13 work after Mr. Georgiou provided writton authorization 14 for the work to be done. ML Georginu provided that 15 authorization letter dated December 17th and a permit 16 was obtained by Citation Homes on December lSth. 17 Subasquen~y, the building and safety division 18 received a report from Citation Homes dated January 19 17th, 1998, written by Mr. William Stampfl, a State of 20 California-licensed civil engineer. The subject of his 21 report was ritied "Results of Structural Investigarion 22 of Existing Block Fence at North Side of Rear Yard of 23 Residence at 6549 Eggleston Place, Rancho Cucamonga, 24 California." 25 In summary, Mr. Stampfl stated that the purpose Page 6 1 Building Code requirements were met, no corrective 2 action were required. 3 I reviewed and approved that report on February 4 18th, 1998. I subsequemly had the report reviewed by 5 ESGIL Corporation. ESGIL is an independent engineering 6 firm that provides stractural plan-checking services to 7 the city on a contractual basis. They responded to me 8 in a memorandum dated March 3 Ist, which is attached to 9 this report, and in their opinion, "The engineer 10 adequately addressed the structural cencems with ll respecttothedesignofthewallandasstatodbythe 12 engineer, and that the wall complies with the minimum 13 provisions of the Uniform Building Code. "They went on 14 to state that the quality of construction was beyond 15 their scope of review and that was because ESGIL was not 16 asked to inspect the wall but only to respond to the 17 engineering conclusions reached in Mr. Stampfi's report. 18 In a letter to Citation Homes dated June llth, 19 1998, 1 confirmed my approval of the wall, and 1 20 responded to Citation because they took out the permit 21 to remove the blocks that are shown in these pictures 22 and to do the structural analysis of the wall. 23 ML Georgiou was provided with a copy of that 24 letter and, in addition, I reaffirmed my approval to 25 Mr. Georginu in a letter dated November 101h, 1998. In P~e8 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 3 (Pages 9 to 12) 1 numerous letters from Mr. Georgiou he has made 2 statements regarding the structural integrity of the 3 wail and, in particular, the validity of the engineering 4 report. However, to date, Mr. Georgiou has yet to 5 produce any documentation from a state-licensed civil or 6 structural engineer to support his assertion. 7 As the building official from the city, my 8 authority is strictly ministerial, meaning I really 9 don ~ have the abffity to question the design of any structure unless the design does not meet minimum code 11 requirements and that's the only thing that I can 12 respond to. So in my review and approval of the wall, 13 il's based strictly on the structural engineering, my 14 own observationofthe wall, andthe conchision that the 15 wall meets the minimum Uniform Building Code standards, 16 which is what we are trying to obtain. 17 So, again, I'd go on to recommend that the city 18 council deny the appeal and uphold my decision that the 19 minimum code requirements have been met, and that 20 concludes my report, and I'd be happy to answer any 21 questions. 22 MR. ALEXANDER: Any questions for 23 Mr. Makshanoff? 24 UNIDENTIFIED SPEAKER: Not at this time. 25 MR. MAKSHANOFF: ML Georgiou is present and P~e9 1 packet of an unknown number of pages, but it's tilled 2 "Appeal to a Decision of the Building Official, George 3 M. Georgiou, Ph.D. February 23rd, 2000." Is this what 4 you're referring m when your talking about exhibits? 5 MR. GEORGIOU: Oh, yes. There is an index to 6 the attachments. Right before the attachments there's 7 an index. There are 17 of them, and what I refer to is 8 number 1 which shows a picture of the wall, part of 9 which we see right now on the screen; but furthermore, 10 there is this small portion of the wail which later on 11 we see that it was found defective and it was never 12 challenged, okay, in the letter in which it was found 13 defective, and the exact wording appears as attachment 14 number 2 by Mr. Makshanoff. On November 6, 1997 two 15 building inspectors for the City of Rancho Cucamonga 16 suggested hi writing that if a support block pilaster 17 was built it might stop movement, and that can be found 18 as Attachment 3. There was an identical recommendation 19 that was given for our neighbor's wall at 6550 Eggleston 20 Place, which was also built by Citation Homes at the 21 samelime. Our neighbor went shead and starting 22 building p~astem, after'obtaining relevant permiB 23 from the city, with the purpose to secure the wall. 24 During the building process, code violations 25 were uncovered in the presence of city building Page 11 1 there 's also a representative from Citation Homes here. 2 I think all would like to make some comments. 3 Mr. Georgiou is fight there. 4 MR. ALEXANDER: We made a place for him to be 5 right up here. 6 MR. GEORGIOU: Oh, okay. Thank you. 7 MR. ALEXANDER: For the record, if you could 8 just give your name. 9 MR. GEORGIOU: Yes, my name is George M. 10 Georgiou, and I reside at 6549 Egglestone Place, Rancho 11 Cucamonga, and the pot'pose of our appeal is to nullify 12 the decision of the building official to accept a report 13 by Citation, and we would provide the reasons why that 14 should be done. 15 First of all, we should start with a 16 definition. Whenwe say awall, the wall in question is 17 not only the part that was shown on the transparencies 18 on the projector there, but also includes a sinailet 19 portion which you would find as attachment number 1 20 which is labeled a small portion. Now, that smMl 21 portion, as we see in the narrative, was inspected by 22 Mr. Makshanoff personally and he found it to be 23 defective, and Citation Homes never challenged that. 24 MR. CURLEY: Sir, just for the record, say, 25 your reference to an attachment, you're referring to a Page 10 1 inspectors. For example, paper was found in the place 2 of grout and at this hme, with your permission, 3 Mr. Mayor, can I display an item as evidence? 4 MR. ALEXANDER: Yeah, I don~ see any problem 5 with thaL What are you going to display? 6 MR. GEORGIOU: Well, I don~ want to scratch 7 the-- 8 MR. ALEXANDER: Can you put it here so we can 9 see it in front 10 MR. GEORGIOU: Yes. ll MR. ALEXANDER: That's fine. 12 MR. GEORGIOU: That block is the block through 13 which the vertical -- the horizontal bar goes through, 14 it's on the top row of the wall. This came from our 15 neighbor's wall and where you see paper it's supposed to 16 be grout, otherwise, paper touching on steel is not 17 going to be a very good support, and its required by 18 COde that it is grout, but it's not grout, it's paper. 19 MR. CURATALO: lt's what.9 20 MR. GEORGIOU: lt's paper. Inside there, 21 instead of having grout, it's paper. I mean, you can 22 observe it. 23 MR. CURATALO: I'm sony to question you, but 24 I'm not that familiar with COnstruction terms. 25 MR. ALEXANDER: The only thing they found, Page 12 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 4 (Pages 1 Mr. Georgiou, was paper up there. 2 MR. GEORGIOU: That's paper, sir. 3 MR. ALEXANDER: I understand. That~ all they 4 found up there. 5 MR. GEORGIOU: Well, they found paper and very 6 unusual movement, and in some places there was nothing 7 to -- there was nothing, 1 mean, empty space. 8 MR. ALEXANDER: This was not on your wall? 9 MR. GEORGIOH: No, it was on our neighbor's 10 wall. 11 MR. ALEXANDER: Ms. Maninez's wall? 12 MR. GEORGIOU: That is correct. And 13 Mr. Martinez is present here. 14 MR. CURATALO: Is there anything like that on 15 the wall that is in question now. 16 MR. GEORGIOU: Weil, we don~ know because the 17 correction of this -- 18 MR. CURATALO: l~just asking ffyou know now. 19 MR. GEORGIOU: No, and during the narrative 20 youal see why we don~ know. 21 Now, this is important, you may see from our 22 neighbor's -- however, a correction notice was issued 23 withbothofoureddressesonitandyoucanseethatas 24 attachment -- let me give you the exact Attachment -- 25 attachment number 5 ff you see there the correction Page 13 13 to 16) 1 number 8. Okay. That correction notice was calling for 2 removal of blocks so that the whole two vertical bars 3 are exposed. 4 MR. ALEXANDER: Could somebody, for the record, 5 read that number? I cannot read every word. Can you 6 read that, Mr. Makshanoff? 7 MR. MAKSHANOFF: Correction 1 says, "Rack the 8 wallbackatleast5feettoexpeseamlnimumoftwo 9 vertical grout cells and the footing. After this has 10 been done call for an inspection. If you have any 11 questions, please contact the Building Official or 12 Catlos Silva." And it was signed the Paul Taylor. 13 MR. ALEXANDER: Okay. 14 MR. BIANE: I just also want to know, that was 15 for address 65497 16 MR. GEORG1OU: Yes, this was only for our 17 address. 18 Okay. For our wall, Citation ~- at that 19 petht, Citation Homes provided a report to the building 20 official. From His office accepted it and caused all 21 inspections and enforcement of coffeedon notices 22 cease. He informed us of his intentions to accept the 23 report via telephone, to which we immediately objected. 24 Wemadeourobjectioashialettertohim;andthatcan 25 be found as Attachment 9, dated February 17di, and we Page 15 1 notice was issued for both our wall, 6549 plus 6500 - 2 sorry, 6550, and this correction was caring for 3 removing the bond boom at both address so that an 4 inspection can be made for the vertical cells. Okay. 5 Well, that was partially obeyed by Citation. They 6 removed only a few blocks but they never removed the 7 whole vertical -- sorry -- horizontal beam. It was 8 never done. 9 Now, at this point our neighbor went ahead to 10 do the pilaster and we found all these thing. At that 11 point, Citation Hom~ agreed to pay the expenses to the 12 amountof$1,350andalsotheycompletedconstructionof 13 this supporting pilasters, and you can see the check for 14 the amount of of $1,350 as Attachment 6, and basically, 15 the matter was closed with our neighbor after the 16 expenses were paid and they agreed to complete 17 conshmction. 18 Now, when some blocks were rremoved, the 19 inspector, and that was on December 22nd, 1997, 20 approximately a week after that he issued another 21 correction notice because he saw, on that part that it 22 was removed, that no pea g~avel was present in the 23 grout, that is, he determined according to his opinion 24 that the gxout was substandard, and he issued yet 25 another correction notice and that is in attachment Page 14 1 simply objected to his intention to accept the report, 2 and we argued that the burden is on Citation to prove 3 that the wall wasn~ built to Rancho Cucamonga building 4 standards nor to the bu~ding code standards. The 5 report docsn~ prove this but that's another story. 6 The guidelines and the orders at the lime, 7 prth~arlly to homeowners and small conlrdctors, required 8 pea gravel in the grout, a requirement beyond UBC. So 9 ff some small contractor or homeowner came to see the 10 wall and said, "I want to build a b|ock wall," they are ] 1 handed out these directions here, and in the second page 12 on the bottom left where it says "grout" -- the second 13 page, bottom left, the third item of note, "gxout" -- it 14 is the definition of grout: One part cement, three 15 parts sand, two pars pea gravel. Pea gravel was not 16 present and that was the cause of the issuance of the 17 second correction notice, and to this day we don~t know 18 why the city would have stringent standards, because ]9 puling pea gravel in the grout makes it stronger. For 20 regnlar people and for coq~orations, they merely can use 21 the sand gravel. 22 In the same letter on February 17th, 1998, we 23 also asked the question, "If we provided a report from a 24 licensed engineer certifying the instability of the 25 wall, will you reissue the correction notices, and in Page 16 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 5 (['ages 17 to 20) i general make sure that the wall is built to standards?" 2 Neither the building official nor anybody else from the 3 city would gave us an answer. Yet now, two years later, 4 apparently forgeRing that, the building official, in ' 5 the staff report, states, "However, to date Ivh'. Georgiou 6 has yet to produce any documentation from a 7 state-licensed civil or structural engineer. 8 Furthermore, he does not provide the rationale or legal 9 basis that we should have provided him any documentation 10 after he made the decision to accept the rapoff from 11 Citation." h was at this point -- 12 MR. ~,I I~KANDER: Pardon me, is this a report 13 from Citation or from an engineering fhnn? 14 MR. GEORGIOU: It was a report paid for by 15 Citation. 16 MR. ,~l FKANDER: But we need to make it clear. 17 ls it a report from Citatinn, Mr. Makshanoff. 18 MR. MAKSHANOFF: lt's a report that was done by 19 an engineer for Citation Homes. 20 MR. ALEXANDER: Right. But did he sign it as a 21 registered engineer? 22 MR. MAKSHANOFF: He signed it, stamped it, and 23 put his state stamp on it as a state-licensed civil 24 engineer. 25 MR. AI I~Y, ANDER: Ail fight. P~el7 1 As a result of this a meeting was held with 2 Mr. Gomez, Mr. Malcshanoff, and myseff in attendance on 3 April 2nd, 1998. At that meeting we requested the 4 decision to accept the report from Citation Homes in 5 writing, but we were unsuccessful 6 Still believing that no final decision was 7 made, we followed up that meeting with a letter to 8 Mr. Gomez April 14, 1998, Attachment 13, repeating our 9 concerns about city standards versus UBC and the 10 particular g~out question. Had we been provided the 11 decision in writing our questions would be different. 12 We would be asking for an appeal. Instead, we were led 13 into a wild goose chase, sent them by both 14 Mr. Makshanoff and Mr. Gomez. 15 In response, Mr. Gomez sent us a letter April 16 30th, 1998, which is Attachment 14, including some 17 documents we requested. He made it clear that the 18 documents were pwvided for information only, and as he 19 stated, they were not intended to represent how the wall 20 was built. Having no final answer from Mr. Malcshanoff 21 or Mr. Gomez, we wrote a letlet to you July 20th, 1998, 22 Artachment lS, nsking him questions conceming the 23 standards of the wall, including whether the correction 24 notices have been rescinded. 25 We foilowed up that letter with other letters Page 19 1 MR. GEORGIOU: It was at this point in the 2 chronology of evenls, February 18, 1998, that the 3 building official already accepted the Citation but did 4 not inform us in v.~iting as Rancho Cucamonga Municipal 5 Code Section 15.08.020 requires, and Attachment 11 shows 6 the letter the building official sent to Citation Homes. 7 In the staff report he says that it was provided to us. 8 He neglects to mention that it was not provided to us by 9 him or any of the agents of the city. Falsely believing 10 that no decision was made and having not received 11 answers from the building official, we wrote to his 12 supervisor, Mr. Rick Gomez, director of community 13 developoment, asking similar questions. Attachment 14 number 11, that was our letter to lvfr. Gomez. 15 MR. ,~,I ~XANDER: Attachment 117 16 MR. GEORGIOU: Yes. 17 MR. ALEXANDER: 11 is a letter from Bill 18 Makshanoff. It may be 12. 19 MR. CURATALO: It's 12, I believe. Why don't 20 you check it. 21 MR. GEORGIOU: Oh, yes, il's number 12. Just a 22 second. 11 isthe letter informing -- okay, and -- 23 okay. lt's attachment number 12, and please, if you 24 make that correction, that is Mr. Gomez's letter asking 25 similar questions, is Attachment 12. Sony about that. Page 18 1 in August and September addressed to the city coucil. 2 However, we never received answers to those questions. 3 We requested an inspection of the smaller part of the 4 wall the section adjacent to the garage, July 20th, 5 1998, since it was too unstable. Instead of performing 6 the inspection right away, as we believed it to be a 7 hazard, the building official performed the inspection 8 only after repeated lettern from us. He finally 9 performed the inspection two months later, on September 10 21st, 1998 in the presence of represetatives from 11 Citation Homes. 12 He concluded that the required grout was not 13 present. So when he inspected that part of the wall 14 himserf, after ha accepted the report from Citation 15 without our knowledge, he found the small part 16 defective. Using as proof the letter that the building 17 official has made the decision to accept the report 18 formally on February 18, 1998 without informing us as 19 the Rancho Cucamonga Municipal Code required, on April 20 19, 1999 we ~ed for the present appeal to that 21 decision. The purpose for that appeal is to nullify his 22 decision. 23 The law, Rancho Cucaraonga Municipal Code 24 Section 15.08.020, explicitly specifies that decisions 25 of the building official have to be served upon the Page 2O Esquire Deposition Services 714.834.1571 Transcript of Proceedings 6 (Pages 21 to 24) 02/23/2000 1 permitee. 2 MR. ALEXANDER: Can we have the number again, 3 please. 4 MR. GEORGIOU: 15.08.020. "Permitee," that 5 would mean us. 6 MR. ALEXANDER: Is that an attachment? Okay. 7 Pm sorry. l found it. 8 MR. GEORGIOU: Anachment 17, yes. Okay. 9 Attachment 17, we include the actual section which was 10 in effect at the time. It states that "decisions of the 11 building official have to be served on the permitee," 12 that is us, "and shatl meet either personal dellvery," 13 I'm reading from the code now, "or placed in in the 14 United States mail postage prepaid," and from that time 15 that we are served with that decision, we have 10 days, 16 according to the code, to file for an appeal. 17 Now, we didn't know that he accepted the 18 decision; therefore, he didn't give us the chance to 19 appeal within those ten days. 20 MR. ALEXANDER: 1 have to ask a question. I'm 21 sorry to interupt. 22 But the definition ofpermitee, Mr. Makshanoff, 23 who is the permitee? 24 MR. MAKSHANOFF: The permilee of record -- in 25 terms of who built the wall to begin with, the permitee 1 that section of the code, which includes proper 2 notification. We base our appeal largely on this 3 provision, and let me read the first sentence where it 4 says on the top saclion, 204 A, "appeals," "A decision 5 of the building official regarding interpretation or 6 implementation of any provision of fins Title, the 7 Uniform Adminislxatlve Code, 1991 Edition, or the 8 technical codes referenced therein shall be final and 9 shall become effective forthwith upon service of the 10 decision of the building offficial." Okay. This is the 11 place where the decision of the building official's 12 interpretation is final. 13 MR. ALEXANDER: In writing to the permitce. 14 MR. GEORGIOU: "In writing upon the permitee." 15 "Other persons affected by the decision 16 hereafter called the permitee. So Mr. Makshanoff is 17 wrong. The definillon he gave for the permitee, we 18 discovered it here. Thank you very much. 19 Okay. And alan note, again, the first section 20 herewhereitsays,"orimplementationofanyprovision 21 of this Title," and then it goes on to enumerate the 22 technical stuff, and one of the provisions of this litle 23 is to serve us in writing because we are affected, and 24 as affected, we are permitees. 25 Conclusion: We request that the building Page 23 1 of record was the subcontractor for Citation of homes. 2 MR. ALEXANDER: They were required to t~eive 3 this information. 4 MR. MAKSHANOFF: And the penniree who took out 5 the permit to do the removal of the block to do the 6 investigation wE also Citation Homes. 7 MR. ALEXANDER: Is that the reason that the -- 8 MR. MAKSHANOFF: And I responded to Citation 9 Homes because they were the permilee. 10 MR. ALEXANDER: All right. 11 MR. GEORGIOU: Okay. This is news to us. 12 Thank you very muck for clarifying titis: 13 Okay. This was never done for ns, that is to 14 be given the decision in writing even though we ask for 15 it, and on the other hand, he did inform Citation Homes ]6 in writing. Also in the above section, it is specified 17 that the decisions of the building official are final. 18 Oaly the board ofappeaiscan n~verse it. Hence, his 19 belatediy Eking for a report from us is groundless, and 20 it is somewhere there that these decisions are final, 21 but -- and only the board of appeals can reverse them. 22 I can give the reference later on if you want me to. 23 The same section exphciity allows appeals not 24 only on the basis on technical engineering grounds, bm also on the basis of any provision in the title, that is P~e22 1 official's decision of February 18, 1998, to accept the 2 repoa by Citation Homes, and hence freezing the 3 correction notices, is nullified since it was done in 4 direct violation of the Rancho Cucamonga Municipal Code 5 Section 15.08.020. 6 The correction nofces should be reinstated in 7 order to ascei~ain the structural stability and safety. 8 The city building inspectors who issued them were the 9 only independent ones to actually physically inspect the 10 wall, not merely do that visually. By "independent" we 11 mean not paid by Citation Homes, and if I may, a couple 12 ofthmgshere. 13 Why has the building official shifted the 14 burden on us to prove anything else when there is 15 evidence the same correction notice went to two people, 16 and for the same problem at the same time, that they 17 were built at the same time by the same builder, and 18 evidence is found such as paper -- tins is obviously a 19 code violation, and I 'm pretty sure that there is no 20 recordofitinthere--thisisjustaconjectureonmy 21 part -- and why shouldn't the building official simply 22 order Citation Homes to obey the correction notices 23 instead of accepting a report without informing us and 24 for us to have to write all these letters and, on top of 25 that, to have the building official complaining why we Page 24 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 7 (Pages 25 to 28) 1 wrote too many letters. If we had to write to him five 2 letters to respond to a hazard report, for him to 3 respond, who is fight here? Us, who insisted for the 4 inspection to be done, or him, that he dragged his feet? 5 Mayor, this concludes my presentation and I would be 6 glad to answer any questions. 7 MR. ALEXANDER: Thank you. Anybody have any 8 questions? 9 MR. DUTYON: Just a couple. Did you have 10 anybody, a structural engineer, come out and take a look 11 at the wail yourself or -- 12 MR. GEORGIOU: We believe that is irrelevant 13 for the purpose of this appeal, and I'd rather not 14 answer the question. 15 MR. DLriTON: Well, I was just -- you were 16 making reference to the code section here, and it 17 actually -- when you indicated that you're putting 18 yourself into the situation as -- the same definition as 19 the permitee, that's what you indicated? 20 MR. GEORGIOU: Yes. 21 MR. DUTTON: 'Cause it says, back here, that 22 the board may continue the appeal, and so forth, and 23 from time to time, and that's us, obviously, and that we 24 may -- that the permitee appealing the decision to the 25 boardofbuildingofficial*s"shallcauseaihisown Page25 1 Mr. Georgiou gave permission to Citation Homes to do 2 that work. 3 It was whatever work was necessary so that an 4 investigation could be made, and that's what Citation 5 did. They removed some block and they retained the 6 services of a civil engineer, a state-licensed civil 7 engineer, to make a structural investigation of the 8 wall, and in addition to the removal of the block~ he 9 also used a metal detector to determine the location of 10 the vertical steel, and he went thxough, I think; quite 11 an extensive study out there to determine how the wall 12 was built. So [ would say that both the correction -- 13 this correction dated 12-15 and the subsequent one 14 dared-- Ithink it was12-22, have been met. The 15 intent of those corrections have been met by what was 16 shown on the overheads and by the engineering report. 17 MR. DUFf ON: And one other question. Pm not 18 an expert in this area by any stretch of the 19 imagination. What is the difference between grout and 20 mortar and why do you use one varsus the other with 21 regards to a block wail? 22 MR. MAKSHANOFF: Well, first of all, as 23 Mr. Georgiou referred to, the plan that we handed out at 24 the counter, let me fixst state that when we talk about 25 minlm~tm code, we have actually exceeded minimum code Page27 1 expense any research requited by the board." So ff we 2 requited you to go out and get an independent structural 3 engineer's report, ave you willing to do that? 4 MR. GEORGIOU: Well, first, Mr. Durton, as we 5 state -- 6 MR. DUTYON: Well, Pm just asking you a ftmple 7 question. Would you be willing to do that to resolve 8 this? 9 MR. GEORGIOU: It's not my rasponsib'dity to do 10 that, si~. We base our appeal largely on this 11 provision; that is the provision that we have the right 12 based on the code to appeal on nontechnical grounds, and 13 this appeal here is a nontechnical ground. 14 MR. DUTTON: I undemtand thaL On the 15 attachment number 5 here -- maybe you can tell me -- it 16 says, "We requited them to remove the bond beum? Do 17 you know how much was actually exposed to determine ff 18 there was a problem? 19 MR. MAKSHANOFF: Typically, when we leave 20 coffeelions like this, in any situation, it's to remove 21 a repetitive sample, whatever it takes, so that we can 22 visually see what the conditions are, and the meeting 23 that took place on December -- I think it was December 24 15th, with Mr. Geurgiou and Citation Homes and Jim 25 Sch~ceder, was to discuss that, and at that time Page 26 1 because the Uniform Building Code, to begin with, does 2 not even requite a permit for walls 6 feet in heighth or 3 less. The city has amended our local code here to 4 requite that. 5 We have a standard plan. It's been revised 6 over the yeats s'mce incorporation; I~e revised the 7 plan since I~'e been here. But we hand out a standard 8 plan that exceeds the mlnlmlml standards of the Uniform 9 Building Code, because il's our plan that we are handing 10 out, whether il's to homeownem or to contractors to 11 use. ln this case, the permit was issued on aplan 12 submitted by Citation Homes and approved by the building 13 department, and I have copies of that permit that was 14 issued to Citation back in 1994, and thai wall was 15 inspected. 16 The difference between grout and mortar -- 17 there 's a definition in the code and that was one of the 18 things that Stamp~ addressed in his report. The 19 difference between mortar and grout, as to whether or 20 not the mixture was used, met, again, the definition in 21 the code, and it did, and that was the other purpose for 22 having ESGIL review it. 23 I wanted to have an independent review to make 24 sure that those minimum requirements, with respect to 25 grout and mortar, also met the minimum requirements of Page 28 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 8 (Pages 29 to I the code, and this mix did meet that. I would say, for 1 2 the record, that pea gravel does make a stronger grout, 2 3 but when you go to a fine grout, you generally use more 3 4 cement to make the same kind of strength. 4 5 MR. ALEXANDER: Diane? 5 6 MS. WILLIAMS: No questions. 6 7 MR. BIANE: This question is for you, Bill. 7 8 The UBC code versus the follow-up to Bob's question, I 8 9 guess, have we ever issued corrective notices to say a 9 lO private homeowner that wants to come in and buitd a 10 11 wall, that they didn~ use the fight mix of concrete, or 11 12 to pea gravel to sand, I mean, is it -- 12 13 MR. MAKSHANOFF: You know, I couldn~ honestly 13 14 answer that because I haven~ been in the field to make 14 15 the inspections myself, but ff they use our standard 15 16 plan, then they have to follow the requirments of the 16 17 standard plan for the construction of the wall. 17 18 With respect to this sample down here, that 18 19 paper is in the wrong locafion. They put a grout stop 19 20 and that paper was intended to be a grout stop. These 20 21 walls are not designed to be solld-grouted, so when you 21 22 start putting grout in the cells that contain steel, 22 23 whether it~ the vertical steel or the horizontal steel, 23 24 you don~ want to fig up ail the ceLis in the block 24 25 wall because the foundation is not designed to hold that 25 32) report ~'om Mr. Stamp~ is that the minimum code requirements were met, and Mr. Stamp~, who was a registered civil engineer, stated that although additional vertical steel would make the wall stiffer, in his opinion it wasn~ required because the code requirements were met, and my position is that what we are trying to do here in the city is attain minimum code provisions. I think if I told you that I was going out as a building official and requiting people to exceed the code I'd probably be talking to you all the time because I don't think that's what we are supposed to be doing. I think minimum code provisions is what we should be trying to work towards and not what we think would be a better idea because we would like to see more done out there. So Mr. Georgiou has always had the opportunity -- you know, he makes note in his one letter here, his one attachment, if he were to provide information -- he always had the opportunity to provide any structural report fxom an engineer to substantiate his position. It would have been reviewed the same way. I think since l%'e been here, people know that if something is not done correctly, whether it's by the developer or the homeowner or whomever, it's going to be Page 31 1 kind of weighL 2 That paper is, you know -- at least based on 3 the photos that bit. Georgiou has presented in his report 4 and by that block, if, in fact, the horizontal steel, 5 and I have to believe it is in Mxs. Martinez's waft ff 6 the steel was on top of that paper, than it was built 7 incorrectly and that wall was corrected. I think what's 8 important to note here is that that condition was not 9 seen on bit. Gcorgiou's wall, and you know, l~n not 10 debating whether Mrs. Malinez's wall was built 11 correctly. I thlnk it was built incorrectiy and there 12 were corrective measures taken on that wall. 13 I think when you read the full correction 14 notice of the inspectors who were out there on November 15 6th, the first statement in theis report was that it 16 appeared to meet minimum city standards, and then they 17 go on to sey that if you put pilasters in it will 18 stiffen thewall. Ifyouread bit. Stempfl's reporthe 19 also states ff there was more vertical steel hi the wall 20 the vertical steel is what slftfens the wall. So you 21 could put more steel hi there, and you could put more 22 grout in there, and you also could build a bigger 23 foundation because you~e adding more weight, and you'll 24 get a wall that has less flexibility. 25 My point in this process and in review of the Page 30 1 n:done, and all the available information I have shows 2 that his wall meets minimum budding code standards. 3 MR. ALEXANDER: Even though the argument may be 4 about the permittee or not, was he notified in writing 5 of the -- 6 MR. MAKSHANOFF: He was notified in writing in 7 a letter that I sent to him in this attachment to my 8 repefi on November 10~h of 1998 thai I had accepted that 9 report and concluded that his wall met minimum building 11 MR. GEORGIOU: May I say something? Page32 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 9 (Pages 33 to 36) I know that, and we'll prove we don't know that. 2 Continuing, "You will recall that in the letter from 3 Mr. Gomez, Dixector of Community Development, dated 4 April 30th, 1998, it also conti'med that the wall in 5 question met the applicable standards at the llme of 6 constnmtion." We want to dispute the statement. This 7 is not correct. The statement that the letter by 8 Mr. Gomez -- 9 MR. ALEXANDER: Why is it not correct? 10 MR. GEORGIOU: Because I can quote from it that 11 he disclaims any -- in his letter -- in this letter of 12 Mr. Gomez, Attachment 14 in our report, the second 13 paragraph, last sentence. In that correspondence 14 Mr. Gomez provided simply some documents and this is a 15 key comment. 16 "These sheets are being provided for 17 information only as they are not intended to represent 18 how your wall was built." 19 When we ask for an inspection, we would li~e to 20 know whether the wall would fall. We asked whether the 21 wall was correctly built, "built," this is the key word, 22 but ff you ask Mr. Makshanoff what he meant by that, he 23 may tell you H meant design." Perhaps, this is again a 24 conjecture on my part, but you may ask him toe. 25 MR. MAKSHANOFF: I thinlt we probably ought to 1 MR. CURLEY: Absolutely, Mayor. The other 2 walls are not an issue. There's not evidence before you 3 except anecdotal evidence. So stay on target and go 4 back to your basic Brown Act. The matter before you is 5 identified on the agenda and stay within those 6 parameters. 7 1,Vhile I'm speaking, I want to make sure that 8 the council recollects - I was told by City Attorney 9 Markman that he has advised you that Section 15.08,020, 10 that has been rescinded and superseded when you adopted 11 the latest uniform codes probably, I don't know, six 12 months ago. I just want the council to keep at the 13 forefront this standard is no longer hi place in the 14 city. 15 MR. BIANE: I think, to follow up on that, 16 since 1 think Pve suggested that we have this hearing 17 to accommodate Mr. Georgiou, it was my hopes that we, as 18 tins board, would give him the opportunity to be heard 19 in front of us and make -- 20 And what concerns me is that there's this 21 reference of when you were noticed and whether there was 22 a mistake made there or not. Myseff, I~n here to afford 23 you every opportunity to be heard, and we w[fl stick to 24 the evidence, whether the wail is built correctly or not 25 as presented, but I think going into how you were Page35 1 mad the first paragraph. It slates "that a copy of the 2 building permit for the wall was included, and the 3 permit indicates that final inspection was made on 4 Decamber 14th, 1994. The permit also states under 5 special conditions that the wall was constructed based 6 on the approved plans for Tract 13945 and not per the 7 standard plan used typically by homeowners and masonry 8 contractore for garden walls not exceeding 6 feet in 9 height." 10 The point being, theydidn'tbuilditperoar 11 standard plan. They built it per their standard plan, 12 which we approved. 13 MR. GEORGIOU: Again, that paragraph is simply 14 about permits and design. It does not address the 15 actual construction of the wall. It does not address 16 the fact that that wail could contain paper, just as the 17 wail of Ms. Martinez. 18 MR. ALEXANDER: In many ways Mr. Maninez's 19 wall or Mrs. Martinez's wall, well, it's both, their 20 wall, was rapaired. They're not making the complaint 21 right now. fftheywereheremakingacomplaint,that 22 would be different, but as of this point, so far, no 23 complaint has been received. 24 Mr. CurIcy, is it better to stick to the wall 25 that's in question here? P~e34 noticed and the c~onolgy of how these notices and 2 letters went back and forth, really isn't important, in 3 my opinion. It's whether the wall was bu~t correctly 4 to code or not, and we should stick to those items. 5 MR. CURATALO: Let me add, this exhibit here 6 and anything related to it would be irrelevant to this 7 hearing. 8 MR. CURLEY: As test[fled, too, it is a piece 9 of a wall from another property, and I guess Ill leave 10 it at that. Whatever suggestions of similar 11 circumstanc~ you glean from it is pure speculation, and 12 it really isnh~ pan of the hearing of the wall for 13 whatever the proper address is. 14 MR. ALEXANDER: All right. Okay. 15 MR. GEORGIOU: The chronology is very important 16 to us, and furthermore, the law makes it a point that we 17 should be informed in writing and in a specific way. If 18 the council doesn't want to place any weight with the 19 law or ordinance than that's your fight; however, 20 chxonology is very important to us and it was important 21 enough for those who drafted the law and those who 22 ordered for the law. 23 MR. ALEXANDER: Thank you, Mr. Georgiou. Is 24 anybody going to be heard on this particular matter? 25 MR. MAKSHANOFF: Citation Homes is. Page 36 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 10 (Pages 37 to 40) 1 MR. GEORGIOU: I would like to thank you for 2 affording me the opportunity to hear my appeal. 3 MR. ALEXANDER: Okay. Thank you. Citation, l 4 guess we're going to need to get you up here by the 5 recorder. 6 MR. ISOLDA: Greetings, Mr. Mayor, and members 7 of the city council, my name is AI Isolda. I~n the 8 Citation Homes vice president of construction. l~,e 9 been involved in this issue from the get-go, if you 10 will. Pm all in favor of isolating the issue towards 11 Mr. Georgiou's wall. However, I'd like to at least make 12 a little reference to the Martinez wall because that's 13 what brought us across the street. 14 To our knowledge there was no evidence of any 15 defect in her wall. She was having some work done by a 16 local mason contractor, noticed movement in the wall, 17 contacted us, we went out, we looked at it. The 18 movement did not excite us at all. When we went into an 19 investigation we found the paper, which Mr. Makshanoff 20 has indicated stops the grout from going all the way to 21 the foundation. The paper was installed improperly. 22 That's not uncommon to have paper versus another form of 23 mesh that stops the grout from going in there. It was 24 not installed properly. We corrected that, 25 in that investigation there was some concern P~g37 I point. These homes - I might not be correct on the 2 close of escrow, but I believe Mr. Georgiou closed his 3 home in 1994 and we are in the year 2000. We haven~ 4 seen a problem, don~ know of a problem. The wall 5 doesn~ do anything but sit them. lfthiswaHis 6 going to have some movement, it's not uncommon for a 7 masonry wall to have some movement. That's kind of the 8 basis of the facts. 9 1 think it's also important to understand, very 10 basic, that the horizontal member that was in question, 11 has nothing to do with the stability, of this wall 12 moving back and forth. It's in the vertical steel, and 13 it has been determined that the vertical steel was, in 14 fact, per code at the time for approved plans. That's 15 what was hi there. 16 I told Mr. Makshanoff that we would hire a 17 structural engineer to investigate the wall. I 18 contacted Mr. Stampft. He's done some work for ~ in 19 the past. I asked him if he would be in a position to 20 do this. He said he would. He went out them, and you 21 saw in the mpon all the information that was 22 necessary, and that's the report we submitted. 23 I told the building department that if they 24 found anything in that report, either through the report 25 itseft or analyzing the report, that, again, showed us Page 39 1 that Mx. Goergiou -- he was them during our presence of 2 examining this wall, thought he might have the same 3 pwblem, so therein lies the permission to go across the 4 street. 5 We exposed 5 feet or so of horizontal pond beam 6 to find out if we had the same condition. It was always 7 our intent that if we had the same condition, we would 8 correa it, period. That was the end of it. We would 9 do that. We exposed the wall and found that the 10 condition was not as Mr. Marlinez's wall was. It was, 11 in fact,okay, as far as we could tell. 12 You understand this wall is approximately 75 13 feet long, 5-foot-6 or so in height, and we exposed 5 14 feel It was what we wem told to do to mpmseat where 15 we stood with this parlicular wall. Based on that 16 pardcular invns~gation, Iinformed Mr. Makshanoffand 17 the building inspectors that if them was anything that 18 they found in that wall that needed to be corrected, or 19 if that wati needed to be Wm down and reinstailed, 20 that we would do that, but only if there was a problem. 21 We built that wall with approved plans, 22 appmved specs at the time with the intent of giving 23 them a sound wall. I think it's really important to 24 understand that them was no evidence of any wall 25 failure, period, and I don ~ know that there was at this P~c38 1 that we had not consh-ucted this wall properly, we would 2 do whatever it took to take collective action, period. 3 We never, never had a problem with that, 4 MR. ALEXANDER: If a registered civil engineer 5 makes a statement and does what you're indicating -- 6 using his issued number, falsely indicating the math of 7 a report, what happens to that person? 8 MR. ISOLDA: Pm not quite sure, but I think 9 his license in jeopardy. 10 MR. MAKSHANOFF: 1 receive quarterly reports 11 fi'om the Board of Professional Engineers and Land 12 Surveyors and they take -- depending on the violation, 13 they take action anywhere from suspension to revocation, 14 and I get those repo~s on a quarterly basis. 15 MR. ALEXANDER: Wouldn~ that be very serious, 16 I would think? 17 MR. ISOLDA: Absolutely. 18 MR. MAKSHANOFF: Yes, absolutely. 19 MR. ISOLDA: It was the reason -- and I'm not 20 an expert in this field, l~,e been in consreaction for 21 quite a while -- but it was the reason I asked Mr. Bill 22 Stampfi, "Would you be interested in doing this?" 23 Because there was going to be a lot of questions because 24 we were not going to expose this entire wall. I mean, 25 ifwehaddonethat,wemightaswelljusttearitdown. Page 40 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 11 (Pages 41 to 44) MR. MAKSHANOFF: I would not have accepted that 2 report ff he did not have the proper credentials for it. 3 MR. ALEXANDER: Mr. Curley, even though he is 4 not the person testifying, may I ask the person 5 appealing this a question? Is that all right to do 6 that? 7 MR. CURLEy: We are in a very informal setting 8 here and as long as you allow the opportunity to -- 9 MR. ALEXANDER: Mr. Georgiou, may I ask you a 10 question? 11 MR. GEORGIOU: Absolutely. 12 MR. ALEXANDER: Are you indicating that you 13 believe that the registered civil engineer falsely 14 indicated that your wall was built to an appropriate 15 standard? 16 MR. GEORGIOU: Absolutely not. The engineer 17 never said that he was certain there was no violations lg inthewall. He never said that. He never said that. 19 MR. ALEXANDER: He indicated that, in his 20 opinion, it was built correctly as to the code, the UBC. 21 MR. GEORGIOU: There are other questions as to 22 why it would be a different standard for the city to 23 provide to regular homeowners other standards, but to 24 answer your question, the engineer never stated ha the 25 report that the wall had code violations. Page 41 1 that was in violation, we would still go om there and 2 take care of whatever we needed to take care of. It has 3 yet to be proven by anybody. 4 We have just completed two additional projects 5 within the City of Rancho Cucamonga. We plan to be 6 around in this area forever. We have a reputation to 7 withstand, but no one has ever shown us or proven to us 8 that we have built or constructed anything in violation 9 to the code or approved plans that weren~ binding us to 10 the permit at the time they were issued. 11 MR. ALEXANDER: Okay. Questions? Thank you. 12 MR. MAKSHANOFF: I have a couple comments 13 fltst. In reference to this shon wall that 14 ML Georgiou has referenced and ML Isolda has 15 referenced, when we made that inspection out there, what 16 we did or what I did is l tapped on the wa!l with a 17 hammer to try and determine if there was any hollow 18 sounds. When there should have been steel, it should 19 have been a solid sound. All you could -- the only 20 conclusion you could come to is it appeared that the 21 wall wasn't properly grounded, and I think you read that 22 in my letter that I sent to Mx. Georginu dated September 23 241h in 98, which Mr. Georgiou referenced. I stated in 24 there that it could only be verified by removing a 25 portion of the wall, and at the time Citation did Page 43 1 MR. ALEXANDER: I see what youYe saying. 2 Thank you. 3 MR. ISOLDA: hi reference to the small wall, 4 short wall that Mr. Georgiou made reference to that 5 might be in violation or not built to code, we did as 6 best of an investigation as we could, with 7 Mr. Makshanoff present, tapping on the wall with a 8 hammer to determine if grout was present or not. That 9 wall has movement to it. 10 At that point in time, whether it was built 11 correc~y or not, we agreed to repair that wall. This 12 wall is less than 10 feet and has a gate attached to it. 13 My recollection is Mr. Georgiou would not let us touch 14 that wall unless we agreed to take action on the long 15 wall, and that stopped any action at all on the short 16 wall. 17 Since that last meeting, and my recollection of 18 the last time we kind of all got together, Mr. Georgiou 19 has opened up a Web page and has shown photographs of 20 not his wall but Mrs. Mardnez's wall and the violation 21 paper, slandering Citation, as far as we are concerned. 22 Whether that took place, we just felt at that point in 23 time we could not comply with any of the conditions that 24 were being requested. I%'e always had an open dialogue 25 with Mr. Makshanoff, that had the city found anything Page 42 1 indicate that if the wall was not built properly, they 2 wouM have taken ca~ of it. 3 Mr. Goergiou indicated that he did not want any 4 additional work done. So that wall still -- that little 5 short section of wail which is adjacent to his garage is 6 stffi the way today, the way it was back then, two years 7 ago. 8 MS. WII.IJAMS: "The way" meaning it was still 9 exposed. 10 MR. MAKSHANOFF: That wall, there's nothing 11 exposed there. The only way we eould detennlne if it 12 wasn't bulit properly would be to take a couple of 13 counes off and see if the cells were grouted properly. 14 MR. ALEXANDER: And the civil engineer never 15 indicated that that wall section was - ]6 MR. MAKSHANOFF: He was never asked to look at 17 that section of the waiL The other thing l want to 18 make reference to with respect to the engineerIs report, 19 I sent that report to ESGIL to have them take a look at 20 it. The gentleman who responded is not only a hcensed 21 civil engineer, he is a licensed structural engineer and 22 I sent that report to them to have an independent review 23 of the report, again, only to look a~ the engineering, 24 not how it was constructed. That was something that 25 their engineer did. I~'e been out there, Rick's been Page 44 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 12 (Pages 45 to 48) 1 outthere, a number of us have been out there to look at 2 the wall. The conclusion was that the wall meets 3 B3inimum building code standards. 4 MR. CURATALO: In reference to the short wail, 5 10-foot wall, in view that there is no evidence that 6 that wall was not built properly, you have to assume 7 right now, as it stands, with Mr. Georgiou's failure to 8 give you inspection rights, that it's built correctly? 9 MR. MAKSHANOFF: I guess you'd have to say 10 that, yeah. I mean, my own impression of that wail is 11 that based on what we did that day the sound testing is 12 that it appears as though the minfoming steel, where 13 it should be, is not grouted properly, but you can only 14 verify that by removing some blocks and to do that or to 15 get a metal detector - well, a metal detector would 16 only determine the location. You have to actually 17 expose the wall to see whether it's been grouted 18 properly. 19 MR. CURATALO: So in the absence of further 20 investigation -- 21 MR. MAKSHANOFF: I can't go any Innher. 22 MR. CURATALO: You can't go any further. You 23 have to assume it's been built correctly? 24 MR. MAKSHANOFF: Without his permission, 1 25 can't perform the destructive testing. Page45 1 meets -- the long wall meets minimum Uniform Building 2 Code mquixements. With respect to the short wail, 3 which is something that we locked at in September of 4 1998, almost a year after the original investigation, 5 it's a short wall that's adjacent to Ms garage with a 6 gate attached. 7 It appeased when we made that inspection when I 8 was them that the cells that should have verticai steel 9 in them, based on sound testing, were not grouted. They 10 sounded hollow, but the only way you can verify that 11 would be to remove some of the top course to determine 12 whether or not those cells have been properly grouted. 13 That has never been done. 14 Citstion indicated -- they were present that 15 day -- they indicated a willlnguess to do that and to 16 repair the wall if necessary, but Mr. Georgiou did not 17 give that permission. There was only to do that short 18 wall because the long wall had akeady been addressed in 19 this engineering report. 20 MS. WILLIAMS: And there was no hollow sounds 21 found in the long wall? 22 MR. MAKSHANOFF: According to our inspection 23 and based on the engineering report, that wall is built 24 properly. All the cells that are required to be grouted 25 are grouted. Page 47 1 MR. GEORGIOU: He has my permission. He has 2 always had it. I invited him to perform the test on the 3 other wall the same day he did the rest there. It is 4 false m say that. 5 MR. ALEXANDER: Did you memorialize that, get 6 something in writing? 7 MR. GEORGIOU: What part of that, sir? 8 MR. ALEXANDER: I understood that was a problem 9 royserf. 10 MR. GEORGIOU: This is totally false. 11 Absolutely false. We invite him any time to come them. 12 We invite him to inspect the other wall. 13 MR. ALEXANDER: What other wall? 14 MR. GEORGIOU: The other part of the wall 15 MR. ALEXANDER: Which other wall? The short 16 wall? 17 MR. GEORGIOU: The short wall. 18 MS. WI~S: The long wall is what we are 19 here for. Ate we here for both walLs? And ifwe am 20 then that's not what we have been seeing. 21 MR. MAKSHANOFF: The long wall ia reference to 22 this report. 23 MS. WILLIAMS: Okay. 24 MR. MAKSHANOFF: And on the basis of this 25 report, I~ stating that it~ my opinion that the wall Page 46 1 MR. GEORGIOU: I can't believe what I'm 2 hearing. Now l~m hearing false statements and I need to 3 correct them. 4 MR. ALEXANDER: Okay. After we get the 5 gentlemen from Citation, well get to you, okay. 6 MR. ISOLDA: It would be nice to have a diagram 7 showing the relationships of the wails. I'm afraid that 8 that's what's taking place, to be able to identify the 9 location of these walls. It'skindofanissue. I 10 think it's real important to understand that the wail 11 heights am approximately 5-foot, 5-loci-6. The short 12 wall that we are referring to, the movement potion, is 13 approximately 2 feet long with the gate and another 14 sectlonof2feetofwall, and it's i~nportantm kindof 15 understand the relationship of -- 16 MS. WILLIAMS: Now, I understand. 17 MR. MAKSHANOFF: The short wail in question is 18 back here. 19 MS. WILLIAMS: Okay. We have a photograph 20 here. So it literally is a short wall, it's not a 21 portion of the wail. It's actoaily an independent wall. 22 MR. ISOLDA: It's an independent wMI in its 23 own location. It's a portion. 24 MS. WILLIAMS: And the other side is how long? 25 MR. ISOLDA: No, it's just a couple of feet. Page 48 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 13 (Pages 49 to 52) 1 MR. MAKSHANOFF: Let me see if I can see that. 2 At this comer right here, the block wail returns back 3 along paragel to the driveway, and then back in here 4 that's a short wall. There's a gate, and then there's 5 the short wall in question returns back to the garage. 6 MS. WILLIAMS: About, approximately how long is 7 the short wall in question? 8 MR. MAKSHANOFF: Maybe 3 feet. 9 MS. WILLIAMS: So it's a 2-fern wall. There's 10 a gate? 11 MR. MAKSHANOFF: And then there's another 12 3-f~ot masom7 section. 13 MR. ISOLDA: The portion that was in question 14 at the time was that short portion of 3 feet. 15 MS. WILLIAMS: So that's actually three 16 individual walls? 17 MR. ISOLDA: Yes, and to come back f~il circle, 18 it was the long wall that was in question. 19 MS. WILLJAMS: Pm sony to be confused. 20 MR. ALEXANDER: Mr. Georginu, would you like to 21 come back. 22 MR. GEORGIOU: It is false to say that we 23 denied permission to the building official to remove 24 blocks from the smailportionofourwall. Hewas 25 always welcome tu do that. He's walcome to do it now if Page49 1 Before we close, Mr. Georgiou, do you want to 2 add anything else? That you, in your letter, did not 3 indicate that you were not going along with the access 4 to the -- or that you had okayed access to the short 5 wall, nor do I recall seeing anything in the copious 6 amount of papenvork that you provided that there was, 7 you know, the desire on your part, and your refusal to 8 allow us to go in there. 9 MR. GEORGIOU: This is false, six. This is 10 false. 11 MR. CURLEY: Mr. Mayor, ffl might, the subject 12 matter of the appeal was the report and the decision on 13 the long wall. 14 MR. ALEXANDER: I understand that, but I know 15 where he is coming from. I'djustliketoknowifthere 16 was a refusal or not a refusal. 17 MR. GEORGIOU: Six, catagofically we stated 18 here we never refused any inspection by the building 19 official or any agent of the city. For the long wall, 20 we are begging him to enforce the antreckon. 21 MR. ALEXANDER: I just wanted to ask about the 22 short wall. 23 MR. MAKSHANOFF: With respect to the short 24 wa]]-- 25 MR. CURLEY: Were you finished on that? Page 51 i he wishes to. We wouM like to see if correction 2 notices were made to remove more things, to see what 3 else is going to be exposed. Butwhatwedidn~agree 4 with is Citation rebuilding the small section and 5 ignoring the long wall. This is the only pan we didn't 6 agree to, but we never dediad access tu, for inspection 7 purposes, for out walls. 8 MR. ALEXANDER: Does anybody else want to 9 testify or give any information? The ladies who have 10 come here, would you like to? 11 UNIDENTIIqED SPFd~KER: We have just come here 12 just to observe. 13 MR. ALEXANDER: Just to observe? Is there 14 anything that you can add? 15 UNIDENTIIqED SPEAKER: No, not at this time. 16 MR. ALEXANDER: ls there anyone else that would 17 like to provide any more information? Mx. Curicy, would 18 the information we have, and no one else warning to get 19 up do it now? 20 MR. CURLEy: It would be appropriate, if it's 21 your pleasure, to close the hearing, deliberate as you 22 will, or continue it for your deliberation. 23 MR. ALEXANDER: Okay. No one else wishes to 24 get up at this time? Does anyone want to talk to any of 25 the staffthat'shere? No? Okay. Thank you. Page 50 1 MR. GEORGIOU: Yes, he is welcome, even now, to 2 come and tear down the small wall to see what's going on 3 inside. 4 MR. ALEXANDER: That's good. That's the answer 5 to my question. 6 MR. MAKSHANOFF: With respect to the short 7 wall, as my letter states and what he was told out in 8 the field that day, it appears as though that short wall 9 was not built correctly. Citation Homes was present and 10 they indicated a willingness, at that point, to 11 reconstruct that short wail. There's no need to do any 12 more destructive removal. They~e willing to -- they~,e 13 already come to the conclusion that there's a problem. 14 They~l redo il. They were not given the pen'nission to 15 redo that short wall. With respect -- and my 16 understanding isbecause Mr. Georgiou did not want to 17 address the short wail. He still was contending that 18 the long wall was not built properly, and it was my 19 decision that il was. 20 MR. ALEXANDER: Okay. I understand that pan 21 of il, and maybe I'm wrong, but if that short wall -- 22 and here's the reason I was asking, if the short wall 23 had been changed anymorn it might have even provided a 24 little more degree of stability to the other wall. 25 MR. MAKSHANOFF: No. It's isolated. Page 52 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 14 (Pages 53 to 56) 1 MR. DUTYON: So my understanding is, 2 Mr. Georgiou, that they%,e already agreed to do the 3 short wall, but you don't want them to do anything with 4 the short wall unless they do the long wall too. 5 MR. GEORGIOU: That's correct, but invited the 6 building official at the time to do the destructive 7 testing on the short wall. 8 MR. DLrrrON: But they%'e already agreed they'd 9 rebuild that. 10 MR. GEORGIOU: Yes. 11 MR. DUTrON: There wasn't any mason to inspect 12 it -- l just want to make sure. The reason you didn't 13 want them to fix the short wall is bexause you wanted 14 them to do everything or nothing. 15 MR. GEORGIOU: Yes, but the building official ] 6 should be curious to see how builders build in the city, 17 and this is a legitimate issue here. There was a 18 problem. He should come out and perform a destructive 19 testto see what's going on. lasked him that day "Why 20 don~ you perform the same test for the long wall?" He 21 thdn~ want to touch iL 22 MR. DUTTON: Well, that's because they%'e 23 already agreed to fix it. 24 MR. GEORGIOU: The longer wall, he didn't want 25 to touch the longer wall. Page 53 24 inthe city, lthinkyouhadafealingofwhatwasgoing Page 55 1 MR. AI ,EXANDER: Okay. Thank you. AH righL 2 ff there's nobody else that wishes to testify now then 3 the public meeting is closed. Thank you. 4 (Executive Seasion.) 5 MR. AI.EXANDER: I also be~eve there's probably 6 something wrong with the short section of wall, but that 7 was not what was appealed. You appealed the long 8 section of the wall. 9 Okay. We are going ~ go through this now. 10 The key issue for this, really, to me, is the fact that 11 we have had a registered engineer, civil engineer go out 12 there, and the report, actually, I think; was followed 13 up with the review in some form or fashion by a 14 registered civil and stnactoral engineer, and there 15 seems to be the indication that although the wall may 16 move, that movement does not indicate an improper 17 installation. 18 To me, it is a very serious thing to go out 19 there and then sign off. With a signature, with your 20 registration number, you're putting your life, you know, 21 income on the llne by doing such a thing. So I don't 22 think that a person would want ,D do that. There seems 23 to be coopemtlon on the part of the original developer 24 to assist in providing any additional repairs to the 25 short section that you had there, and you simply wanted Page 54 1 MR. GEORGIOU: No. 2 MR. ALEXANDER: No? Okay. Then nobody else 3 came up and no people or neighbors wanted -- I ~n 4 assuming here but there~ no either corroboration or 5 enunciation of what you~ saying. So if nobody will 6 come up, you cant get any information from folks who 7 were here, and I kind of wish they would have, but they 8 didn~. 9 I don't particularly think that there is a way 10 ofsustainingyourappealbecauseyousimplyhavenot 11 shown that the wall in question was not built to the 12 minimumstandardsofthebuildingcode. 13 MR. GEORGIOU: We didn~ appeal that. 14 MR. ALEXANDER: I don't know that there is 15 anything else appealable. 16 MR. GEORGIOU: But -- 17 MR. CURLEy: Six, the audience part is over. 18 This is for the council. My understanding of the Code 19 is -- again this is through just conference with 20 Mr. Markman. I haven't put this in writing and I 21 certainly want to double-check ix. My understaning is 22 that the appeal process has lapsed and the section 23 reference no longer exists in the code. Perhaps it' 24 physically is there still in some of the older books, 25 butitisoffthebooks, and this was sort of an adhoc Page 56 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 15 (Pages 57 to 60) 1 opportunity provided to give a forum to the issues, but 2 giventherunningofthetime, ifyouwill, thereisno 3 formal appeal process that I ~m aware of that could be 4 mandatorially -- 5 MR. ALEXANDER: I think they granted the 6 appeal, did they not, Jack? 7 MR. LAM: The council said they would hear the 8 case as a courtesy to Mr. Georgiou just to get the 9 issues on the table, and also Mr. Georgiou would also 10 have the opportunity to go to the building appeals board 11 too, and that was something he did not want to do. 12 I believe Mr. Georgiou contended that had the 13 building appeals board been constituted under the old 14 code it would be five members instead of ti~ee members. 15 Curxen~y, it's three members. Mr. Georgiou had the 16 opporttmity for the council to hear the appeal and make 17 ajudgmentonthat. 18 MS. WILLIAMS: I have a question, Mr. CurIcy. 19 What are the options, what can we come to, because if we 20 are not to be acting in judgment of whether or not we 21 agree and uphold the report from the engineer that the 22 wall meets standards, that's not what's being appealed. 23 What me our options for us to grant? Can we grant 24 another letter? 25 MR. CURLEY: Well, probably the best way to P~e57 1 engineer, although paid for by Citation that did verify 2 that ever3alfing was okay. We also have the building 3 official who then forwarded on to another engineer to 4 validam the tindines of the structttral engineer hired 5 by Citation. 6 l%'e seen nothing to counter that. So frankly, 7 I have to put a lot weight onto the strutaural report 8 and the verification that we do have. Citation is 9 willing to make the repairs for the damage that was done 10 to the wall for the inspections. They're also willing 11 to take caro of the other wall, too, and so frankly, l 12 don~ see any reason why I should overturn or I should 13 vote in favor of overturning Mr. Makshanoffs decision 14 with regards to this issue, and that's where my position 15 is and the reason why. 16 MR. AI.I:.XANDER: Jim? 17 MR. CURATALO: What they presented to me, is 18 that it seems the minimum standards have been 19 maintained, so I have no other way to go but to deny the 20 appeal. 21 MR. BIANE: Well, again, as I stated, I think; 22 before, and I%'e heard here again, is that l~m not a 23 structural engineer and I could only try to base my 24 decision on what I think is fight based on the evidence 25 that I~,e heard. Page 59 1 characterize where your conclusion would be, would be to 2 call it an advisory opinion. Where there's no protocol 3 there's no code to look at and say for this setting you 4 are doing a particular procedure. You've extended the 5 oppommity to hear the matter and come to some 6 conclusion. If your conclusion, whatever it may be, ff 7 your conclusion is that something else needs to be done 8 and you set it forth in that matter and it is not done, 9 it is not clear that there would be any clear 10 enforcement to this action. Just hypothetically, you 11 say to Citation, "We direct you to do something," and 12 they elect not to, there is nothing our office could 13 tell you that says now you have a binding and 14 enforceablerighttosay,"Undertheforceofourcodes, 15 you must do something, andwe can compel you to do it." 16 So it's a sense that it's probably best 17 categorizcd as an advisory conclusion in light of the 18 issues that you heard. 19 MR, DUTFON: That's -- okay. For the purpose 20 of these comments, I'll pretend that it's April 19th, 21 1999. The way 1 understand this we are looking at 22 making a decision regarding the building official's 23 decision that was made regarding this block wall. So 24 far, the only thing I see that we have, we have a 25 sh'uctural report that was done by an independent Page 58 1 In relationship to the long wall, the evidence 2 presented by Citation Homes and documentation by the 3 staff report, l%'e not seen anything that would indicate 4 to me that there was any violation of the building code 5 orthatthere'sanunsafeconditionthere. lwouldgo 6 onto say that, again, thls isgoing alitlle offof 7 what 1 think the appeal is about, but I still would feel 8 strongly that ff the offer was made at one point in time 9 forCitationtorepairthesmallpefionofthewall, l 10 would like that included in our decision tonight, and 11 that we recommend that be repalxed still, at this point 12 in time. 13 MS. WILLIAMS: I think that is what I would 14 recommend too, that was the recommendation we include. 15 Whether Mr. Georgiou chooses m except it is up to him, 16 but l would recommend that. 17 MR. CURATALO: Diane, I have a question on 18 that. Would be that included in this appeal? 19 MS. W1LL/AMS: No, not in this appeal, but 20 since all we can do is an advisory anyway, maybe add 21 an addendure somewhere, that I feel that it needs to be 22 memorialized somewhere in writing that Citation has 23 offered to repair the short wall because that has been 24 identified as having been a problem. 25 My question came about more with the walls Page 60 Esquire Deposition Services ' 714.834.1571 Transcript of Proceedings 02/23/2000 16 (Pages 61 to 64) because, by inference, if the short wall is defective 2 and that has been identified, it sort of leads to almost 3 an inference that then, indeed, the long wall must also 4 be defective, but then the engineering report, to me, 5 substantiates the fact that it has not been identified, 6 it is not defective, and I know that is not the appeal, 7 but since that has been used as part of the inference I 8 want to make sure and -- I want to make sure lhat's 9 separated out. My guess would be that Citation would 10 still uphold that offer, but that would be my suggestion 11 is to add it like an addendure but not part of the 12 appeal. 13 MR. ALEXANDER: Okay. One last question to 14 Mr. Curley. On the speci~cwordingofthe appeal, is 15 there anything that you or anything you're aware of that 16 Mr. Markman would say that would not allow us or should 17 cause us to nullify the decision ofMr. Makshanoffin 18 accepting that structural report? Is there anything 19 else? l mean, it seems llke the intent of finding if 20 the wall was safe or not safe that the building official 21 was after, but it also feels -- appears that the actual 22 wording of the appeal is to nullify the decision to 23 accept that report, correct? Correct, yes or no? 24 MR. GEORGIOU: Correct. 25 MR. ALEXANDER: Okay. Page 61 1 MR. ALEXANDER: That would be good wording. 2 All right. Let's do a motion (Unintelligible.) 3 MR. CURATALO: I move to that effect. 4 MR. ALEXANDER: Motion seconded. Is there any 5 objection? 6 And since we do have people here tonight, item 7 C is the commuincations from the public. This is the 8 time and place for the general public to address the 9 council. State law prohibits the council from 10 addressing any issue not previously included on the 11 agenda. The council may receive testimony and set the 12 mattor for a subsequent meeting. Is there anyone else 13 here tonight that would like to address the Council on 14 any other item? 15 MR. GEORGIOU: Can I address something? 16 MR. ALEXANDER: Certainly. 17 MR. GEORGIOU: Well, you made your decision, 18 whatever it was, but we would like your decision to 19 claxify it was -- whether you are sitting as the board 20 of appeals or as a com'~esy hearing, as the attorney 21 characterized it. We would like some clarification to 22 know what we artended. 23 MR. CURLEY: The resolution will specify your 24 capacity as City Council and not as the appeals board. 25 MR. At-~XANDER: All right. Thank you. All Page 63 1 MR. CURLEy: Well, it would be all-inclusive 1 2 and since that you support the building official -- 2 3 MR. ALEXANDER: I do. 3 4 MR. CURLEY: And if that is your inclination, 4 5 you could phrase it to support the building official, to 5 6 accept and rely upon the report and further support its 6 7 conclusion that the wall was properly constructed. We 7 8 will craft the right language. The resolution will 8 9 follow, but if youqA give us the gist of your 9 10 findings- 10 11 MR. ALEXANDER: Does that wording - is there 11 12 any objections to the wording? Nowthen, before we add 12 13 it, is it appropriate for the appeals board, I mean, to 13 14 craft in the resolution anything that's not included in 14 15 the complaint? 15 16 MR. CURLEY: Weil, you~e not sitting as the 16 17 appeals board. In our summation your're sitting as the 17 18 Council extending a courtesy hearing given that you can 18 19 respond in a way that you believe reflects the issues 19 20 you~e heard. So if you want to uphold the acceptance 20 21 of the report, uphold the building official's decision, 21 22 and recommend that the parties renew their efforts to 22 23 repair the short wall upon the terms they have 23 24 previously discussed, there's nothing inappropriate to 24 25 that. 25 Page 62 fight. ffthere's no objection to the adjournment we are adjourned. /// Page 64 Esquire Deposition Services 714,834.1571 Transcript of Proceedings 02/23/2000 17(Page 65) 1 2 3 4 l, the undersigned, a Certified Shorthand 5 Reporter of the State of CaLifornia, do hereby certify: 6 That the foregoing proceedings were taken 7 before me at the time and place herein set forth; that a 8 verbatim record of the proceedings was made by me using 9 machine shorlhand which was thereafter transcribed under 10 my direction; further, that the foregoing is an accurate 11 transcription thereof. 12 I further certify that I am neither financially 13 interested in the action nor a relative or employee of 14 any of the parties. 15 IN WITNESS WHEREOF, I have this date subscribed 16 my name. 17 18 Dated: 19 20 21 IENNIFER D. BARKER CSR No. 12168 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 A ability 9:9 able 48:8 about 11:4 18:25 19:9 27:24 32:4 34:14 49:6 51:21 60:7,25 above22:16 absence 45:19 absolutely 35:1 40:17,18 41:11,16 46:11 accept 10:12 15:22 16:1 17:10 19:4 20:17 24:1 61:23 62:6 acceptance 62~20 accepted 15:20 18:3 20:14 21:17 32:8,12 41:1 accepting 24:23 61:18 access 50:6 51:3 51:4 accommodate 35:17 according 14:23 21:16 47:22 accurate 65:10 across 37:13 38:3 Act 35:4 acting 57:20 action 8:2 40:2 40:13 42:14 42:15 58:10 65:13 actual21:9 34:15 61:21 actually 24:9 25:17 26:17 27:25 45:16 48:21 49:15 54:12 55:4,7 od 56:25 ADAMS 3:6 add 36:5 50:14 51:2 60:20 61:11 62:12 addendum 60:21 61:11 adding 30:23 addition 8:24 Page 66 27:8 al 3:11 37:7 48:13 49:11 additional7:22 ALEXANDER 55:11 57:24 31:4 43:4 44:4 3:4 4:5,10 5:3 59:3 54:24 5:9 9:22 10:4 answer 9:20 address 15:15 10:7 12:4,8,11 17:3 19:20 15:17 34:14 12:25 13:3,8 25:6,14 29:14 34:15 36:13 13:11 15:4,13 41:24 52:4 52:17 63:8,13 17:12,16,20 answers 18:11 63:15 17:25 18:15 20:2 addressed 8:10 18:17 21:2,6 anybody 17:2 20:1 28:18 21:20 22:2,7 25:7,10 36:24 47:18 22:10 23:13 43:3 50:8 addresses 13:23 25:7 29:5 32:3 anymore 52:23 14:3 33:9 34:18 anyone 50:16,24 addressing 36:14,23 37:3 63:12 63:10 40:4,15 41:3,9 anything 13:14 adequate 7:14 41:12,19 42:1 24:14 36:6 adequately 8:10 43:11 44:14 38:17 39:5,24 adjacent 20:4 46:5,8,13,15 42:25 43:8 44:5 47:5 48:4 49:20 50:14 51:2,5 adjourned 64:2 50:8,13,16,23 53:3 56:15 adjournment 51:14,21 52:4 60:3 61:15,15 64:1 52:20 54:1,5 61:18 62:14 Administrative 55:10,15 56:2 anyway 60:20 23:7 56:14 57:5 anywhere 40:13 adopted 35:10 59:16 61:13 apparent 7:5 55:4 61:25 62:3,11 apparently 17:4 advised 35:9 63:1,4,16,25 appeal 4:24 advisory 58:2 allegiance 4:8 5:11 9:18 58:17 60:20 Allen 4:20 10:11 11:2 affected 23:15 allow 41:8 51:8 19:12 20:20 23:23,24 61:16 20:21 21:16 afford 35:22 allows 22:23 21:19 23:2 affording37:2 all-inclusive 25:13,22 afraid 48:7 62:1 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April 19:3,8,15 20:19 33:4 58:20 area 27:18 43:6 argued 16:2 argument 32:3 around 43:6 ascertain 24:7 asked 8:16 16:23 33:20 39:19 40:21 44:16 53:19 asking 13:18 18:13,24 19:12,22 22:19 26:6 52:22 assertion 9:6 assist 54:24 assume 45:6,23 assuming 56:4 attached 8:8 42:12 47:6 attachment 10:19,25 11:13,18 13:24,24,25 14:14,25 15:25 18:5,13 18:15,23,25 19:8,16,22 21:6,8,9 26:15 31:19 32:7 33:12 attachments 11:6,6 attain 31:7 attendance 19:2 attended 63:22 attorney 3:5 35:8 63:20 audience 56:17 August 20:1 authority 9:8 authorization 6:13,15 available 32:1 aware 57:3 61:15 away 20:6 B B4:10 back5:5,15 15:8 25:21 28:14 35:4 36:2 39:12 44:6 48:18 49:2,3,5 49:17,21 bar 12:13 BARKER 1:22 2:15 65:21 bars 15:2 base 23:2 26:10 59:23 based 7:17 9:13 26:12 30:2 34:5 38:15 45:11 47:9,23 59:24 basic 35:4 39:10 basically 14:14 basis 8:7 17:9 22:24,25 39:8 40:14 46:24 beam 14:3,7 26:16 38:5 become 23:9 before I:12:4 2:15 11:6 35:2 35:4 51:1 59:22 62:12 65:7 beggingSl:20 begin 21:25 28:1 beginning 2:13 being33:16 34:10 42:24 57:22 belatedly 22:19 believe 18:19 25:12 30:5 39:2 41:13 48:1 54:5 55:16 57:12 62:19 believed 20:6 believing 18:9 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 19:6 best 42:6 57:25 58:16 better 31:15 32:16 34:24 between 27:19 28:16,19 beyond 8:14 16:8 55:10 BIANE 3:6 15:14 29:7 35:15 59:21 bigger 30:22 bill3:11 18:17 29:7 40:21 binding 43:9 58:13 block6:l,22 11:16 12:12 12:12 16:10 22:5 27:5,8,21 29:24 30:4 49:2 58:23 blocks 7:9 8:21 14:6,18 15:2 45:14 49:24 beard 22:18,21 25:22,25 26:1 35:18 40:11 57:10,13 62:13,17 63:19,24 BOB 3:7 BoWs 29:8 bend 14:3 26:16 38:5 books 56:24,25 both 7:12 13:23 14:1,3 19:13 27:12 34:19 46:19 bottom 7:9 16:12,13 Brock4:21 brought 37:13 Brown 35:4 build 16:10 29:10 30:22 34:10 53:16 builder 24:17 burden 53:16 building 1:12:4 4:11 5:12,13 5:16 6:7,12,17 7:18,19,21 8:1 8:13 9:7,15 10:12 11:2,15 11:22,24,25 15:11,19 16:3 16:4 17:2,4 18:3,6,11 20:7 20:16,25 21:11 22:17 23:5,10,11,25 24:8,13,21,25 25:25 28:1,9 28:12 31:10 32:2,9,20 34:2 38:17 39:23 45:3 47:1 49:23 51:18 53:6,15 55:3 56:12 57:10 57:13 58:22 59:2 60:4 61:20 62:2,5 62:21 built 6:2 11:17 11:20 16:3 17:1 19:20 21:25 24:17 27:12 30:6,10 30:11 33:18 33:21,21 34:11 35:24 36:3 38:21 41:14,20 42:5 42:10 43:8 44:1,12 45:6,8 45:23 47:23 52:9,18 56:11 burden 16:2 24:14 business 4:10 C C 63:7 California 1:13 2:12 4:16:24 65:5 Callfornin-Re... 6:20 call 4:5,9 15:10 58:2 called 23:16 calling 14:2 15:1 came 12:14 16:9 56:3 60:25 capacity 63:24 care 43:2,2 44:2 59:11 Carlos 15:12 case 28:11 57:8 categorically 51:17 Page 67 categorized 58:17 cause 16:16 25:21,25 61:17 caused 15:20 cease 15:22 cells 6:10 7:2,10 14:4 15:9 29:22,24 44:13 47:8,12 47:24 cement 16:14 29:4 Center 2:11 certain 41:17 certainly 56:21 63:16 Certified 2:16 65:4 certify 65:5,12 certifying 16:24 challenged 10:23 11:12 chance 21:18 changed 52:23 characterize 58:1 characterized 63:21 chase 19:13 32:13 cheek 14:13 18:20 chooses 60:15 chronolgy 36:1 chronolog~ 18:2 36:15,20 ch'cle 49:17 circumstance 36:11 Citation 5:19 6:6,16,18 8:18 8:20 10:1,13 10:23 11:20 14:5,11 15:18 15:19 16:2 17:11,13,15 17:17,19 18:3 18:6 19:4 20:11,14 22:1 22:6,8,15 24:2 24:11,22 26:24 27:1,4 28:12,14 32:12 36:25 37:3,8 42:21 43:25 47:14 48:5 50:4 52:9 60:4 58:11 59:1,5,8 codes 23:8 60:2,9,22 61:9 35:11 58:14 cities 55:12,13 collective 40:2 city 1:12:4 3:3 come 25:10 3:5,5,6 4:6,23 29:10 43:20 5:11,25 8:7 46:11 49:17 9:7,17 11:15 49:21 50:10 11:23,25 50:11 52:2,13 16:18 17:3 53:18 56:6 18:9 19:9 20:1 57:19 58:5 24:8 28:3 coming 51:15 30:16 31:7 comment 5:23 32:21 35:8,14 33:15 37:7 41:22 comments 10:2 42:25 43:5 43:12 58:20 51:19 53:16 communicatio... 55:11,24 63:7 63:24 community Civic 2:11 18:12 33:3 civil 6:20 9:5 compel 58:15 17:7,23 27:6,6 complaining 31:3 40:4 24:25 41:13 44:14 complaint 5:16 44:21 54:11 5:17,20 34:20 54:14 34:21,23 clarification 62:15 63:21 complete 14:16 clarify 63:19 completed clarifying 22:12 14:12 43:4 clear 17:16 compllrd 7:20 19:17 58:9,9 complies 8:12 clearly 4:18 comply 42:23 Clerk 3:6 concern 37:25 close 39:2 50:21 concerned 51:1 42:21 closed 14:15 concerning 39:2 54:3 19:22 code 5:14 7:18 concerns 8:10 7:19,21 8:1,13 19:9 35:20 9:10,15,19 concluded 7:18 11:24 12:18 20:12 32:9 16:4 18:5 concludes 9:20 20:19,23 25:5 21:13,16 23:1 conclusion 9:14 23:7 24:4,19 23:25 43:20 25:16 26:12 45:2 52:13 27:25,25 28:1 58:1,6,6,7,17 28:3,9,17,21 62:7 29:1,8 31:1,5 conclusions 31:7,11,13 8:17 32:2,10,15 concrete6:l 36:4 39:14 29:11 41:20,25 42:5 condition 30:8 43:9 45:3 47:2 38:6,7,10 60:5 55:18,19 conditions 56:12,18,23 26:22 34:5 57:14 58:3 42:23 conference 56:19 confirmed 8:19 33:4 confused 49:19 conjecture 24:20 33:24 ronstitutrd 57:13 constrnctrd 4:25 5:18,19 34:5 40:1 43:8 44:24 62:7 construction 8:14 12:24 14:12,17 29:17 32:23 32:25 33:6 34:15 37:8 40:20 contact 15:11 contacted 37:17 39:18 contain 29:22 34:16 contelning 6:10 7:3,9 contended 57:12 contending 52:17 continue 25:22 50:22 Continuing 33:2 contractor 16:9 37:16 contractors 16:7 28:10 34:8 contractual 8:7 conversations 55:23 cooperation 54:23 copies 28:13 eapious51:5 copy 8:23 34:1 corner 49:2 Corporation 8:5 corporations 16:20 correct 13:12 33:7,9 38:8 39:1 48:3 53:5 55:9,12 61:23 61:23,24 corrected 30:7 37:24 38:18 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 correction 13:17,22,25 14:2,21,25 15:1,7,21 16:17,25 18:24 19:23 24:3,6,15,22 27:12,13 30:13 50:1 51:20 corrections 26:20 27:15 corrective 8:1 29:9 30:12 correctly 30:11 31:24 33:21 35:24 36:3 41:20 42:11 45:8,23 52:9 correspondence 33:13 corroboration 56:4 coucil 20:1 council 1:12:4 4:6,14,23 5:11 9:18 35:8,12 36:18 37:7 56:18 57:7,16 62:18 63:9,9 63:11,13,24 Councilmemb... 3:6,7,7 Councilmemb... 4:9 counter 27:24 59:6 couple 24:11 25:9 43:12 44:12 48:25 course 7:9 47:11 courses 44:13 court4:17 courtesy 57:8 62:18 63:20 cracking 7:5 craft 62:8,14 credentials 41:2 CSR 1:23 65:22 cucamonga 1:2 1:13 2:5,12 3:3 4:1,6 5:2 6:23 10:11 11:15 16:3 18:4 20:19,23 24:4 43:5 CURATALO 3:7 12:19,23 13:14,18 18:19 36:5 45:4,19,22 59:17 60:17 63:3 curious 53:16 curIcy 3:5 10:24 34:24 35:1 36:8 41:3,7 50:17,20 51:11,25 56:17 57:18 57:25 61:14 62:1,4,16 63:23 Currently 57:15 D D 1:22 2:15 65:21 damage 59:9 date 7:16 date 9:4 17:5 65:15 dated 6:15,18 8:8,18,25 15:25 27:13 27:14 32:20 33:3 43:22 65:18 day 5:22 16:17 45:11 46:3 47:15 52:8 53:19 days 21:15,19 Dear32:19 deboting30:10 DEBBIE 3:6 December 6:4 6:15,16 14:19 26:23,23 34:4 decided 6:8 decision 4:11,25 5:11 9:18 10:12 11:2 17:10 18:10 19:4,6,11 20:17,21,22 21:15,18 22:14 23:4,10 23:11,15 24:1 25:24 51:12 52:19 58:22 58:23 59:13 59:24 60:10 61:17,22 62:21 63:17 63:18 Page 68 decisions 20:24 di~ction 65:10 Egglesten 4:12 24:15,18 35:2 21:10 22:17 directions 16:11 5:16:23 11:19 35:3,24 37:14 22:20 directly 7:24 Egglestone 38:24 45:5 defect 37:15 55:21 10:I0 59:24 60:1 defective 10:23 director 18:12 either 21:12 exact 11:13 11:11,13 33:3 39:24 56:4 13:24 20:16 61:1,4,6 disclaims 33:11 elect 58:12 examinin~o 38:2 definition 10:16 discovered employee 65:13 example 12:1 16:14 21:22 23:18 empty 13:7 exceed 31:10 23:17 25:18 discuss 26:25 end 38:8 exceeded 27:25 28:17,20 discussed 62:24 ending 2:13 exceeding 34:8 degree 52:24 display 12:3,5 enforce 51:20 55:8 deliberate 50:21 dispute 33:6 enforceable exceeds 28:8 deliberation distress 7:6 58:14 except 35:3 50:22 division 5:17 enforcement 60:15 delivery 21:12 6:17 15:21 58:10 excite 37:18 denied 49:23 documentetion engineer 6:20 Executive 54:4 50:6 9:5 17:6,9 8:9,12 9:6 exhibit 5:8,8 deny 5:11 9:18 60:2 16:24 17:7,19 32:17 36:5 59:19 documents 17:21,24 exhibits 11:4 department 19:17,18 25:10 27:6,7 Existing 6:22 28:13 39:23 33:14 31:3,21 39:17 exists 56:23 depending doing 31:12 40:4 41:13,16 expansion 6:2 40:12 40:22 54:21 41:24 44:14 expense 26:1 design 8:11 9:9 58:4 44:21,21,25 expenses 14:11 9:1033:23 done6:1410:14 54:11,11,14 14:16 34:14 14:8 15:10 57:21 59:1,3,4 expert 27:18 designed 29:21 17:18 22:13 59:23 40:20 29:25 32:25 24:3 25:4 engineering 8:5 explicitly 20:24 desire 51:7 31:15,24 8:17 9:3,13 22:23 destructive 37:15 39:18 17:13 22:24 expose 6:9 15:8 45:25 52:12 40:25 44:4 27:16 44:23 40:24 45:17 53:6,18 47:13 55:1,17 47:19,23 61:4 exposed 7:1 detector 7:7 58:7,8,25 59:9 Engineers 40:11 15:3 26:17 27:9 45:15,15 double-check engineer's 26:3 38:5,9,13 44:9 determine 6:10 56:21 44:18 44:11 50:3 7:10,13 26:17 down 29:18 enough 36:21 extended 58:4 27:9,11 42:8 38:19 40:25 55:2,23 extending 62:18 43:17 44:11 52:2 entire 40:24 extensive 27:11 45:16 47:11 drafted 36:21 enumerate determined dragged 25:4 23:21 F 14:23 39:13 drilled 7:8 enunciation fact 30:4 34:16 developement Drive 2:11 56:5 38:11 39:14 18:13 driveway 49:3 escrow 39:2 54:10 61:5 developer31:25 duringll:24 ESGIL8:5,5,15 facts39:8 54:23 13:19 38:1 28:22 44:19 failure 38:25 Development dutton 3:7 25:9 even 22:14 28:2 45:7 33:3 25:15,21 26:4 32:3 41:3 52:1 fail 33:20 diagram 48:6 26:6,14 27:17 52:23 55:10 false 46:4,10,11 dialogue 42:24 53:1,8,11,22 55:18 48:2 49:22 dlane 3:4 29:5 58:19 events 18:2 51:9,10 60:17 ever 29:9 43:7 falsely 18:9 40:6 difference 27:19 ' E every 15:5 41:13 28:16,19 Edition 23:7 35:23 familiar 12:24 differcntlg:ll effect 21:10 everything far34:2238:ll 34:22 41:22 63:3 53:14 55:1 42:21 58:24 direct 24:4 effective 23:9 59:2 fashion 54:13 58:11 efforts 62:22 evidence 12:3 favor 37:10 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 59:13 forever 43:6 February 1:3,14 forgetting 17:4 2:6,14 4:2 8:3 form 37:22 11:3 15:25 54:13 16:22 18:2 formal 57:3 20:18 24:1 formally 20:18 32:13 forth 25:22 36:2 feel 60:7,21 39:12 58:8 feeling 55:24 65:7 feels 61:21 forthwith 23:9 feet 15:8 25:4 forum 57:1 28:2 34:8 38:5 forwarded 59:3 38:13,14 found 10:22 42:12 48:13 11:11,12,17 48:14,25 49:8 12:1,25 13:4,5 49:14 55:6 14:10 15:25 felt 42:22 20:15 21:7 Fence 6:22 24:18 37:19 few 14:6 38:9,18 39:24 field 29:14 42:25 47:21 40:20 52:8 foundation 7:13 file 21:16 7:14 29:25 filed 5:16 20:20 30:23 37:21 fill 29:24 frankly 59:6,11 final 19:6,20 freezing 24:2 22:17,20 23:8 from 6:6,6,18 23:12 34:3 7:16 9:1,5,7 finally 20:8 10:1 11:23 financially 12:14 13:21 65:12 15:20 16:23 find 10:19 38:6 17:2,6,10,13 finding 61:19 17:13,17 findings 59:4 18:11,17 19:4 62:10 19:20 20:8,10 fine 7:21 12:11 20:14 21:13 29:3 21:14 22:19 finished 51:25 25:23 31:1,21 firm 8:6 17:13 33:2,10 36:9 first 5:20,23 36:11 37:9,20 10:15 23:3,19 37:23 40:11 26:4 27:22,24 40:13 48:5 30:15 34:1 49:24 51:15 43:13 56:6 57:21 five25:l 57:14 63:7,9 fix 53:13,23 h'ont 12:9 35:19 flexibility 7:23 ~ 7:11 30:13 30:24 49:17 folks 56:6 fully 7:10 follow 29:16 hither 45:19 35:15 62:9 45:21,22 55:5 followed 19:7 62:6 65:10,12 19:25 54:12 furthermore follow-up 29:8 11:9 17:8 footing 15:9 32:14 36:16 force 58:14 forefront 35:13 foregoing 65:6 garage 20:4 65:10 44:5 47:5 49:5 P~e69 gueden 34:8 57:2 62:18 gate 42:12 47:6 giving 38:22 48:13 49:4,10 glad 25:6 gave 17:3 23:17 glean 36:11 27:1 go 9:17 26:2 general 7:4 17:1 29:3 30:17 63:8 35:3 38:3 43:1 generally 29:3 45:21,22 51:8 gentleman 54:9,11,18 44:20 55:10 57:10 gentlemen 48:5 59:19 60:5 george3:10 Goergiou38:1 10:9 11:2 44:3 georgiou 3:10 goes 5:25 12:13 4:24 5:16 6:5 23:21 55:5 6:13,14 8:23 going 4:21 12:5 8:25 9:1,4,25 12:17 31:9,25 10:3,6,9,10 35:25 36:24 11:3,5 12:6,10 37:4,20,23 12:12,20 13:1 39:6 40:23,24 13:2,5,9,12,16 50:3 51:3 52:2 13:19 15:16 53:19 54:9 17:5,14 18:1 55:22,24 60:6 18:16,21 21:4 gomez 3:10 21:8 22:11 18:12.14 19:2 23:14 25:12 19:8,14,15,21 25:20 26:4,9 33:3,8,12,14 26:24 27:1,23 Gomez's 18:24 30:3 31:17 good 7:4 12:17 32:11,19 52:4 63:1 33:10 34:13 goose 19:13 35:17 36:15 32:13 36:23 37:1 grant 57:23,23 39:241:9,11 granted57:5 41:16,21 42:4 gravel 14:22 42:13,18 16:8,15,15,19 43:14,22,23 16:21 29:2,12 46:1,7,10,14 Greetings37:6 46:17 47:16 ground 26:13 48:1 49:20,22 grounded 43:21 51:1,9,17 52:1 groundless 52:16 53:2,5 22:19 53:10,15,24 grounds 22:24 56:1,13,16 26:12 57:8,9,12,15 grout 7:11,20 60:15 61:24 7:21 12:2,16 63:15,17 12:18,18,21 Georgiou's 30:9 14:23,24 15:9 37:11 45:7 16:8,12,13,14 get-go 37:9 16:19 19:10 gist 62:9 20:12 27:19 give4:15 10:8 28:16,19,25 13:24 21:18 29:2,3,19,20 22:22 35:18 29:22 30:22 45:8 47:17 37:20,23 42:8 50:9 57:1 62:9 grouted 7:11 given 11:19 44:13 45:13 22:14 52:14 45:17 47:9,12 47:24,25 home 39:3 grouting 7:2 homeowner guess 29:9 36:9 16:9 29:10 37:4 45:9 61:9 31:25 guidefines 16:6 homeowners 16:7 28:10 H 34:7 41:23 half-inch-dia... homes 5:19 6:6 7:8 6:16,18 8:18 hammer42:8 10:1,23 11:20 43:17 14:11 15:19 hand 22:15 28:7 17:19 18:6 handed 16:11 19:4 20:11 27:23 22:1,6,9,15 handing 28:9 24:2,11,22 happens 40:7 26:24 27:1 happy 9:20 28:12 36:25 having 12:21 37:8 39:1 52:9 18:10 19:20 60:2 28:22 37:15 honestly 29:13 60:24 hopes 35:17 hazaed 20:7 horizonlal 6:9 25:2 7:2 12:13 14:7 hear 4:24 37:2 29:23 30:4 57:7,16 58:5 38:5 39:10 heard 35:18,23 hypothetically 36:24 58:18 58:10 59:22,25 62:20 l hearing 1:12:4 idea 31:15 4:11,24 35:16 identical 11:18 36:7,12 48:2,2 identified 5:4 50:21 62:18 35:5 60:24 63:20 61:2,5 height 34:9 identif~ 48:8 38:13 ignoring 50:5 heighth 28:2 III 3:5 heights 48:11 imagination held 6:5 19:1 27:19 hence 22:18 immediately 24:2 15:23 her 37:15 implementation him 10:4 15:24 23:6,20 17:9 18:9 important 13:21 19:22 25:1,2,4 30:8 36:2,15 32:7 33:24 36:20,20 35:18 39:19 38:23 39:9 46:2,11,12 48:10,14 51:20 53:19 impression 60:15 45:10 hlmself20:14 improper54:16 hire 39:16 improperly hired 59:4 37:21 hoc 56:25 inappropriate hold 29:25 62:24 holes 7:8 inclination 62:4 hollow43:17 incinde21:9 47:10,20 60:14 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 included 34:2 60:10,18 62:14 63:10 includes 10:18 23:1 including 19:16 19:23 income 54:21 incorporation 28:6 incorrectly 30:7 30:11 indeed 61:3 independent 8:5 24:9,10 26:2 28:23 44:22 48:21,22 58:25 index 11:5,7 indicate 44:1 51:3 54:16 60:3 indicated 25:17 25:19 37:20 41:14,19 44:3 44:15 47:14 47:15 52:10 55:18 indicates 34:3 55:19 indicating 40:5 40:6 41:12 indication 54:15 individual 49:16 inference 61:1,3 61:7 inform 18:4 22:15 infomal41:7 information 19:18 22:3 31:20 32:1 33:17 39:21 50:9,17,18 56:6 informed 15:22 36:17 38:16 informing 18:22 20:18 24:23 inside 6:2 12:20 52:3 insisted 25:3 inspect 8:16 24:9 46:12 53:11 inspected 10:21 20:13 28:15 inspection 5:20 6:4 14:4 15:10 20:3,6,7,9 25:4 33:19 34:3 43:15 45:8 47:7,22 50:6 51:18 inspections 15:21 29:15 55:7 59:10 inspector 14:19 inspectors 5:22 11:15 12:1 24:8 30:14 38:17 instability 16:24 installation 54:17 installed 37:21 37:24 instead 12:21 19:12 20:5 24:23 57:14 integrity 9:2 intended 19:19 29:20 33:17 intent 27:15 38:7,22 61:19 intention 16:1 intentions 15:22 interested 40:22 65:13 interpretation 23:5,12 inteeapt 21:21 investigate 39:17 investigation 6:21 7:1 22:6 27:4,7 37:19 37:25 38:16 42:6 45:20 47:4 invite 46:11,12 invited 46:2 53:5 involved 37:9 irrelevant 25: 12 36:6 isolated 52:25 isolating 37:10 Isolda 3:11 37:6 37:7 40:8,17 40:19 42:3 43:14 48:6,22 48:25 49:13 49:17 issuance 16:16 issue 35:2 37:9 Page 70 37:10 48:9 53:17 54:10 59:14 63:10 issued 13:22 14:1,20,24 24:8 28:11,14 29:9 40:6 43:10 issues 57:1,9 58:18 62:19 item 4:10,10 12:3 16:13 63:6,14 items 36:4 J jack3:5 57:6 JAMES 3:7 January 6:18 JENNIFER 1:222:15 65:21 jeopardy 40:9 Jerry 5:23 Jim 5:22 26:24 59:16 JOB 1:24 join 4:7 joint 6:2 judged 55:2 judgment 57:17 57:20 July 19:21 20:4 June 8:18 just 10:8,24 13:18 15:14 18:21 24:20 25:9,15 26:6 34:16 35:12 40:25 42:22 43:4 48:25 50:11,12,13 51:15,21 53:12 56:19 57:8 58:10 K keep 35:12 key 33:15,21 54:10 kind 29:4 30:1 39:7 42:18 48:9,14 56:7 knew 55:21 know 13:16,18 13:20 15:14 16:17 21:17 26:17 29:13 30:2,9 31:18 31:23 33:1,1 33:20 35:11 · 38:25 39:4 51:7,14,15 54:20 56:14 61:6 63:22 knowledge 20:15 37:14 L labeled 10:20 lack55:16 ladies 50:9 LAM 3:5 4:14 57:7 Land40:ll language 62:8 lapsed 56:22 largely 23:2 26:10 last 32:17 33."13 42:17,18 61:13 later 11:10 17:3 20:9 22:22 latest35:ll law 20:23 36:16 36:19,21,22 63:9 leads 61:2 leaning 7:5 least 15:8 30:2 37:11 leave 26:19 36:9 led 19:12 left 16:12,13 legal 17:8 legitimate 53:17 less 28:3 30:24 42:12 let 13:24 23:3 27:24 36:5 42:13 49:1 letter 6:15 8:18 8:2~,25 11:12 15:24 16:22 18:6,14,17,22 18:24 19:7,15 19:21,25 20:16 31:18 32:7,19 33:2,7 33:11,11 43:22 51:2 52:7 57:24 letters 9:1 19:25 20:8 24:24 25:1,2 36:2 Let's 63:2 license 40:9 licensed 16:24 44:20,21 lies 38:3 life 54:20 light 58:17 like 10:2 13:14 26:20 31:15 33:19 37:1,11 49:20 50:1,10 50:17 51:15 60:10 61:11 61:19 63:13 63:18,21 line 54:21 literally 48:20 little 37:12 44:4 52:24 55:5 60:6 local 28:3 37:16 locate 7:7 located 4:12 5:1 location 27:9 29:19 45:16 48:9,23 locations 7:9,12 7:13 long 38:13 41:8 42:14 46:18 46:21 47:1,18 47:21 48:13 48:24 49:6,18 50:5 51:13,19 52:18 53:4,20 54:7 55:1 60:1 61:3 longer 35:13 53:24,25 56:23 look 25:10 44:16,19,23 45:1 58:3 looked 37:17 47:3 looking 58:21 lot 40:23 59:7 M M3:10 10:9 11:3 machine 65:9 made 9:1 10:4 14:4 15:24 17:10 18:10 19:7,17 20:17 27:4 32:15 34:3 35:22 42:4 43:15 47:7 50:2 58:23 60:8 63:17 65:8 mail21:14 maintained 59:19 make 7:23 10:2 17:1,16 18:24 27:7 28:23 29:2,4,14 31:4 35:7,19 37:11 44:18 53:12 57:16 59:9 61:8,8 makes 16:19 31:18 36:16 40:5 making 25:16 34:20,21 58:22 makshanoff 3:11 4:I5,19 4:20 5:7,10 9:23,25 10:22 11:14 15:6,7 17:17,18,22 18:18 19:2,14 19:20 21:22 21:24 22:4,8 23:16 26:19 27:22 29:13 32:6 33:22,25 36:25 37:19 38:16 39:16 40:10,18 41:1 42:7,25 43:12 44:10,16 45:9 45:21,24 46:21,24 47:22 48:17 49:1,8,11 51:23 52:6,25 55:9,13 61:17 Makshanofrs 59:13 Manager 3:5 mandatorinlly 57:4 many 25:1 32:14 34:18 March 8:8 Marknlan 35:9 55:19 56:20 61:16 Marfmez 13:13 34:17 37:12 Martinez's Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 13:11 30:5 34:18,19 38:10 42:20 mason 37:16 masonry 4:25 32:21 34:7 39:7 49:12 Matinez's 30:10 matter 14:15 35:4 36:24 51:12 58:5,8 63:12 may 13:21 18:18 24:11 25:22,24 32:3 32:11 33:23 33:2441:4,9 54:15 58:6 63:11 maybe26:15 49:8 52:21 60:20 Mayor 3:4,4 4:14,23 12:3 25:5 35:1 37:6 51:11 mean 12:21 13:7 21:5 24:11 29:12 32:24 40:24 45:10 61:19 62:13 meaning 9:8 44:8 meant 33:22,23 measures 30:12 meet 5:24 9:10 21:1229:1 30:16 55:2 meeting 4:6,16 6:7,8 19:1,3,7 26:22 42:17 54:3 63:12 meets 5:13 9:15 32:2 45:2 47:1 47:1 57:22 member 39:10 members 4:14 4:23 37:6 57:14,14,15 memorandum 8:8 memorialize 46:5 memorialized 60:22 mention 18:8 merely 16:20 24:10 mesh 37:23 met 7:19 8:1 9:19 27:14,15 28:20,25 31:2 31:6 32:9,22 33:5 metal 7:7 27:9 45:15,15 might 4:15 6:1 11:17 38:2 39:1 40:25 42:5 51:11 52:23 minimOrn 5:24 7:19,25 8:12 9:10,15,19 15:8 27:25,25 28:8,24,25 30:16 31:1,7 31:13 32:2,9 45:3 47:1 55:3 56:12 59:18 ministerial 9:8 mistake 35:22 mix29:l,ll mixture 28:20 months 20:9 32:14 35:12 more 29:3 30:19 30:21,21,23 31:15 50:2,17 52:12,24 60:25 mortar 7:20 27:20 28:16 28:19,25 motion 63:2,4 move 54:16 63:3 movement 6:2 11:17 13:6 37:16,18 39:6 39:7 42:9 48:12 54:16 moving 39:12 much 22:12 23:18 26:17 Municipal 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57:1,10 57:16 58:5 options 57:19 57:23 order 4:7 6:9 24:7,22 ordered 36:22 orders 16:6 ordinance 36:19 ori~nal 47:4 54:23 other 7:5 19:25 22:15 23:15 27:17,20 28:21 35:1 41:21,23 44:17 46:3,12 46:13,14,15 48:24 52:24 59:11,19 63:14 otherwise 12:16 ought 33:25 out 5:22 8:20 16:11 22:4 25:10 26:2 27:11,23 28:7 28:10 30:14 31:9,15 37:17 38:6 39:20 43:1,15 44:25 45:1,1 52:7 53:18 54:11 54:18 55:19 61:9 over 28:6 56:17 overheads 4:21 27:16 overturn 59:12 overturning 59:13 own 9:14 25:25 32:17 45:10 48:23 55:11 P P3:5 packet 11: 1 page 16:11,13 42:19 pages 11:1 paid 14:16 17:1424:11 59:1 paper 12:1,15 12:16,18,20 12:21 13:1,2,5 24:18 29:19 29:20 30:2,6 34:16 37:19 37:21,22 42:21 paperwork 51:6 paragraph 33:13 34:1,13 paralld 49:3 parameters Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 35:6 Pardon 5:3 17:12 part 10:17 11:8 14:21 16:14 20:3,13,15 24:21 33:24 36:12 46:7,14 50:5 51:7 52:20 54:23 56:17 61:7,11 partially 14:5 particular 9:3 19:10 36:24 38:15,16 58:4 parficula~y 56:9 parties 62:22 65:14 parts 16:15,15 past 39:19 paul 3:6 15:12 pay 14:11 pea 14:22 16:8 16:15,15,19 29:2,12 penetration 7:12 people 16:20 24:15 31:10 31:23 55:23 56:3 63:6 per34:6,10,11 39:14 perform 45:25 46:2 53:18,20 performed 20:7 20:9 performing 20:5 Perhaps 33:23 56:23 period 38:8,25 40:2 permission 12:2 27:1 38:3 45:24 46:1 47:17 49:23 52:14 permit 6:12,15 8:20 22:5 28:2 28:11,13 34:2 34:3,4 43:10 55:6 permitee 21:1,4 21:11,22,23 21:24,25 22:4 22:9 23:13,14 23:16,17 25:19,24 permitees 23:24 permits 11:22 34:14 55:7,12 55:14 permittee 32:4 person 40:7 41:4,4 54:22 personal 21:12 personally 10:22 persons 23:15 Phillips 5:23 photograph 48:19 photographs 42:19 photos 30:3 phrase 62:5 physically 24:9 56:24 Ph.D 11:3 picture 11:8 pictures 5:5,6 8:21 piece 36:8 pilaster 6:1 11:16 14:10 pilasters 11:22 14:13 30:17 place 4:13 5:1 5:20 6:23 10:4 10:10 11:20 12:1 23:11 26:23 35:13 36:18 42:22 48:8 63:8 65:7 piacrd 21:13 places 13:6 plan 27:23 28:5 28:7,8,9,11 29:16,17 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36:9 protocol 58:2 prove 16:2,5 24:14 33:1 proven 43:3,7 provide 10:13 17:8 31:19,20 41:23 50:17 provided 6:13 6:14 8:23 15:19 16:23 17:9 18:7,8 19:10,18 33:14,16 51:6 52:23 57:1 provides 8:6 32:15 providing 54:24 provision 22:25 23:3,6,20 26:11,11 provisions 8:13 23:22 31:8,13 Pro-Tern 3:4 public 54:3 63:7 63:8 pure 36:11 purpose 6:25 10:11 11:23 20:21 25:13 28:21 58:19 purposes 50:7 put 12:8 17:23 29:19 30:17 30:21,21 56:20 59:7 puling 16:19 putting 4:21 25:17 29:22 54:20 p.m 2:13,14 4:3 4:3 quality 8:14 quarterly 40:10 40:14 question 9:9 10:16 12:23 13:15 16:23 19:10 21:20 25:14 26:7 27:17 29:7,8 32:22 33:5 34:25 39:10 41:5,10,24 48:17 49:5,7 49:13,18 52:5 56:11 57:18 60:17,25 61:13 questions 9:21 9:22 15:11 18:13,25 19:11,22 20:2 25:6,8 29:6 40:23 41:21 43:11 quickly 4:18 quite 27:10 40:8 40:21 quote 33:10 R Rack 15:7 rancho 1:2,13 2:5,12 3:3 4:1 4:6 5:16:23 10:10 11:15 16:3 18:4 20:19,23 24:4 43:5 rather25:13 rationale 17:8 reached 8:17 read 15:5,5,6 23:3 30:13,18 32:17 34:1 43:21 reading 21:13 reaffirmed 8:24 real 48:10 really 9:8 36:2 36:12 38:23 54:10 Rear 6:22 reason 22:7 40:19,21 52:22 53:11 53:12 59:12 59:15 reasons 10:13 rebuild 53:9 rebuilding 50:4 reraH 33:2 51:5 receive 22:2 40:10 63:11 received 6:18 18:10 20:2 34:23 recoHeetion 42:13,17 recollects 35:8 recommend 9:17 60:11,14 60:16 62:22 recommendaL. 5:10 11:18 60:14 reconstract 52:11 record 10:7,24 15:4 21:24 22:1 24:20 29:2 65:8 recorded 4:16 recorder 37:5 recording 5:4,6 redo 52:14,15 redone 32:1 refer 11:7 reference 5:5 10:25 22:22 25:16 32:16 35:21 37:12 42:3,4 43:13 44:18 45:4 46:21 56:23 referenced 23:8 43:14,15,23 referred 27:23 referring 10:25 11:4 48:12 reflects 62:19 refusal 51:7,16 51:16 refused 51:18 regard 5:5 regarding 4:12 4:25 9:2 23:5 58:22,23 regards 27:21 59:14 registered 17:21 31:3 40:4 41:13 54:11 54:14 registration 54:20 regular 16:20 41:23 reinforced 6:11 reinforcement 6:9 reinforcing Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 reinstailed 38:19 reinstated 24:6 reissue 16:25 related 7:24 36:6 relationship 48:15 60:1 relationships 48:7 relative 65:13 relevant 11:22 rely 62:6 remaining 7:7 removal 15:2 22:5 27:8 52:12 remove 6:8 8:21 26:16,20 47:11 49:23 50:2 removed 14:6,6 14:18,22 27:5 removing 14:3 43:24 45:14 renew 62:22 repair 42:11 47:16 60:9,23 62:23 repaired 34:20 60:11 repairs 54:24 59:9 repeated 20:8 repeating 19:8 repetitive 26:21 report 4:15,20 5:7,21,23 6:18 6:21 7:11,22 8:3,4,9,17 9:4 9:20 10:12 15:19,23 16:1 16:5,23 17:5 17:10,12,14 17:17,18 18:7 19:4 20:14,17 22:19 24:2,23 25:2 26:3 27:16 28:18 30:3,15,18 31:1,21 32:8,9 32:12,18 33:12 39:21 39:22,24,24 39:25 40:7 41:2,25 44:18 44:19,22,23 46:22,25 47:19,23 51:12 54:12 57:21 58:25 59:7 60:3 61:4 61:18,23 62:6 62:21 Reported 1:21 reporter2:16 4:17 65:5 reporting 4:17 reports 40:10 40:14 represent 19:19 33:17 38:14 representative 6:5 10:1 represeta~ves 20:10 reputation 43:6 request 23:25 requested 19:3 19:17 20:3 42:24 require 28:2,4 55:6,12,13 requind 8:2 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speak4:18 SPEAKER 9:24 50:11,15 speaking 35:7 special 4:5 34:5 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 Page 74 specific 36:17 52:7 subscribed 61:14 state-licensed 65:15 specified 22:16 9:5 17:7,23 subsequent specifies 20:24 27:6 27:13 63:12 specify 63:23 stating 46:25 subsequen~y specs 38:22 stay 35:3,5 6:17 8:4 speculation steel 6:9,10 7:2 substandard 36:11 7:3,8,10,22,24 14:24 stability 7:3 12:16 27:10 substantiate 24:7 39:11 29:22,23,23 31:21 52:24 30:4,6,19,20 substantiates staff5:7 17:5 30:21 31:4 61:5 18:7 32:18 39:12,13 suggest 6:1 50:25 60:3 43:18 45:12 suggested 11:16 stamp 17:23 47:8 35:16 stamped 17:22 stick34:24 suggestion Stampfi 6:19,25 35:23 36:4 61:10 7:6,18 28:18 sffffen 30:18 suggestions 31:1,2 39:18 stiffens 30:20 36:10 40:22 stiffer 7:23 31:4 summary 6:25 Stampfi's 8:17 still 19:6 43:1 summation 30:18 44:4,6,8 52:17 62:17 stand 4:7 56:24 60:7,11 superseded standard 28:5,7 61:10 35:10 29:15,17 34:7 stone 4:12 supervisor 34:11,11 stood 38:15 18:12 35:13 41:15 stop 6:1 11:17 support 7:14 41:22 55:3,4,5 29:19,20 9:6 11:16 standards 5:25 stopped 42:15 12:17 62:2,5,6 9:15 16:4,4,18 stops 37:20,23 supporting 17:1 19:9,23 story 16:5 14:13 28:8 30:16 street 37:13 supposed 12:15 32:2,10,22,24 38:4 31:12 32:25,25 33:5 strength 29:4 sure 17:1 24:19 41:23 45:3 stretch 27:18 28:24 35:7 55:11 56:12 strictly 9:8,13 40:8 53:12 57:22 59:18 stringent 16:18 61:8,8 stands 45:7 stronger 16:19 Surveyors 40:12 start 4:20 10:15 29:2 suspension 29:22 strongly 60:8 40:13 staffed 5:15 structural 6:21 snshlining 56:10 starting 11:21 7:17 8:6,10,22 state 6:19 8:14 9:2,6,13 17:7 T 17:23 26:5 24:7 25:10 table 57:9 27:24 63:9 26:2 27:7 take 25:10 40:2 65:5 31:21 39:17 40:12,13 stated 5:17 6:25 44:21 54:14 42:14 43:2,2 7:4,21 8:11 58:25 59:4,7 44:12,19 19:19 31:3 59:23 61:18 59:11 41:24 43:23 structure 9:10 taken 2:11 51:17 59:21 study 27:11 30:12 44:2 statement 30:15 stuff23:22 65:6 33:6,7 40:5 subcontractor takes 26:21 statements 9:2 22:1 taking 48:8 48:2 subjectS:12 talk27:24 50:24 states 7:11 17:5 6:20 51:11 talking 11:4 21:10,14 submitted 28:12 31:11 30:19 34:1,4 39:22 tapped 43:16 tapping 42:7 target 35:3 Taylor 15:12 tear 40:25 52:2 technical 22:24 23:8,22 telephone 15:23 tell 26:15 33:23 38:11 58:13 telling 55:15 ten 21:19 terms 12:24 21:25 62:23 test 46:2,3 53:19 53:20 testified 36:8 testify 50:9 54:2 testifying 41:4 testimony 63:11 testing 45:11,25 47:9 53:7 thank 10:6 22:12 23:18 25:7 36:23 37:1,3 42:2 43:11 50:25 54:1,3 63:25 their 8:9,15 30:15 34:11 34:19 44:25 62:22 thereof65:ll they'd 53:8 thing 9:11 12:25 44:17 54:18 54:21 58:24 things 14:10 24:12 28:18 32:16 50:2 think5:18 10:2 26:23 27:10 27:14 30:7,11 30:13 31:9,12 31:13,14,23 33:25 35:15 35:16,25 38:23 39:9 40:8,16 43:21 48:10 54:12 54:22 55:20 55:21,22,24 56:9 57:5 59:21,24 60:7 60:13 third 16:13 though 22:14 32:3 41:3 45:12 52:8 55:18 thought 38:2 three 7:13 16:14 49:15 57:14 57:15 through 4:19 12:12,13 27:10 39:24 54:9 56:19 time 9:24 11:21 12:2 16:6 21:10,14 24:16,17 25:23,23 26:25 31:11 32:22 33:5 38:22 39:14 42:10,18,23 43:10,25 46:11 49:14 50:15,24 53:6 57:2 60:8,12 63:8 65:7 title 22:25 23:6 23:21,22 titled 6:21 11:1 today 44:6 together 42:18 told 31:9 35:8 38:14 39:16 39:23 52:7 tonight 4:24 60:10 63:6,13 top 12:14 23:4 24:24 30:6 47:11 torn 38:19 totally 46:10 touch 42:13 53:21,25 touching 12:16 towards 31:14 37:10 Tract 34:6 transcribed 65:9 transcript 1:12 2:10 transcription 65:11 transparencies 10:17 truth 40:6 try 43:17 59:23 trying 9:16 31:7 31:14 two 5:21 7:8,9 11:14 15:2,8 16:15 17:3 20:9 24:15 43:4 44:6 typically 26:19 34:7 U UBC 16:8 19:9 29:8 41:20 55:5,8,10 uHCommon 37~22 39:6 uncovered 7:13 11:25 under 34:4 55:6 57:13 58:14 65:9 undersigned 65:4 understand 13:3 26:14 38:12,24 39:9 48:10,15,16 51:14 52:20 58:21 understanding 52:16 53:1 56:18 understating 56:21 understood 46:8 9:24 50:11,15 uniform 5:13 7:18,19,25 8:13 9:15 23:7 28:1,8 35:11 47:1 Unintelligible 63:2 United 21:14 unknown 11:1 unless 9:10 42:14 53:4 unsafe 60:5 unstable 20:5 UBSRCCesSfld 19:5 unusual 13:6 uphold 5:11 9:18 57:21 61:10 62:20 62:21 use 16:20 27:20 28:11 29:3,11 29:15 used 7:20 27:9 28:20 34:7 Esquire Deposition Services 714.834.1571 Transcript of Proceedings 02/23/2000 Page 75 61:7 57:11 61:8,8 WHEREOF $ 2000 1:3,14 2:6 using 7:16 20:16 62:20 65:15 $1,350 14:12,14 2:15 4:2 11:3 40:6 65:8 wanted 28:23 while 35:7 40:21 39:3 51:21 53:13 whole 14:7 15:2 1 204 23:4 "3r ' 54:25 56:3 wild 19:13 15:8 10:19 11:8 21st 20:10 V3'.;~ " wanting50:18 32:13 15:7 22nd 14:19 vague 32:15 wants 29:10 william 3:4,5 10 21:15 42:12 23 1:3,14 2:6,14 validate 59:4 wasn't 16:3 31:5 6:19 10th 8:25 32:8 4:2 validity 9:3 43:21 44:12 WILLIAMS 3:4 32:18 23ed 11:3 verbatim 65:8 53:11 29:6 44:8 10-foot 45:5 241h 43:23 verification way 31:22 36:17 46:18,23 10500 2:11 59:8 37:20 44:6,6,8 47:20 48:16 11 18:5,14,15,17 verified 43:24 44:11 47:10 48:19,24 49:6 18:22 3 11:18 49:8,14 verif~ 45:14 55:16 56:9 49:9,15,19 lltli 8:18 3rd 32:20 47:10 59:1 57:25 58:21 57:18 60:13 12 18:18,19,21 3-foot 49:12 venus 19:9 59:19 62:19 60:19 18:23,25 30th 19:16 33:4 27:20 29:8 ways 34:18 willing 26:3,7 12-15 27:13 31st 8:8 37:22 Web 42:19 52:12 59:9,10 12-22 27:14 vertical7:2,7,10 Wednesday willingness 12168 1:23 2:17 5 7:22,24 12:13 1:14 2:14 4:2 47:15 52:10 65:22 5 13:25 15:8 14:4,7 15:2,9 week 14:20 wish 56:7 13 19:8 26:15 38:5,13 27:10 29:23 weight 30:1,23 wishes 50:1,23 13945 34:6 5-foot 48:11 30:19,20 31:4 36:18 59:7 54:2 14 19:8,16 33:12 5-foot-6 38:13 39:12,13 47:8 welcome 49:25 withstand 43:7 14th 34:4 48:11 very 12:17 13:5 49:25 52:1 WITNESS 15 19:22 5:01 2:13 4:3 22:12 23:18 well 12:6 13:5 65:15 15th 6:4 26:24 561006 1:24 36:15,20 39:9 13:16 14:5 word 15:5 33:21 15.08.020 18:5 40:15 41:7 25:15 26:4,6 wording 11:13 20:24 21:4 6 54:18 27:22 32:16 61:14,22 24:5 35:9 6 11:14 14:14 via 15:23 34:19 40:25 62:11,12 63:1 17 11:7 21:8,9 28:2 34:8 55:6 vice 37:8 45:15 53:22 words 32:17 171h6:15,19 61h5:21 30:15 view 45:5 55:23 57:25 work6:13,14 15:25 16:22 6:35 2:14 4:3 violation 24:4 59:21 62:1,16 27:2,3 31:14 18 18:2 20:18 6500 14:1 24:19 40:12 63:17 37:15 39:18 24:1 6549 4:12 5:1 42:5,20 43:1,8 went 8:13 11:21 44:4 18th 6:16 8:4 6:23 10:10 60:4 14:9 24:15 Wouldn't 40:15 32:13 14:1 15:15 violations 11:24 27:10 36:2 write 24:24 25:1 19 20:20 6550 11:19 14:2 41:17,25 37:17,18 writing 11:16 19th 58:20 visible 7:6 39:20 18:4 19:5,11 1991 23:7 7 visually 24:10 were 5:21 7:10 22:14,16 1994 28:14 34:4 75 38:12 26:22 8:1,2 11:25 23:13,14,23 39:3 vote 59:13 14:16,18 19:5 32:4,6 36:17 1997 5:15,21 6:4 8 19:12,18,19 46:6 55:22 11:14 14:19 8 15:1 W 22:2,9 24:8,17 56:20 60:22 1998 6:19 8:4,19 walls 28:2 29:21 25:15 30:12 written 6:13,19 8:25 16:22 34:8 35:2 30:14 31:2,6 wrong 23:17 18:2 19:3,8,16 9 15:25 46:19 48:7,9 31:19 32:13 29:19 52:21 19:21 20:5,10 98 43:23 49:16 50:7 34:21 35:21 54:6 20:18 24:1 55:6 60:25 35:25 38:14 wrote 18:11 32:8,20 33:4 want 12:6 15:14 40:24 42:24 19:21 25:1 16:10 22:22 43:10 44:13 47:4 29:24 33:6 47:9,14 50:2 y 1999 20:20 58:21 35:7,12 36:18 51:3,25 52:14 Yard 6:22 44:3,17 50:8 56:7 65:6 yeah 12:4 45:10 50:24 51:1 weren't 43:9 year 39:3 47:4 2 11:14 48:13,14 52:16 53:3,12 we'll 4:5,18 33:1 years 17:3 28:6 2rid 19:3 53:13,21,24 48:5 44:6 2-foot 49:9 54:22 56:21 we're 37:4 your're 62:17 20th 19:21 20:4 Esquire Deposition Services 714.834.1571 CITY OF RANCHO CUCAMONgA LIST OF WARRANTS FOR PERIOD: 03-01-00 (99/00) =======~==:==== ................ RUN DATE: 03/01/00 PAOE: 1 ITEM DESCRIPTION WARR NO WARR. AMT. 21509 ALABAMA POLICE & FIREFIOMTERS ASSOC 22 AMERICAN PUBLIC WORKS ASSOCIATION 21600 CRABTREE, AUDREY 6489 2543 1098 2732 21868 7 6309 21869 21860 21861 6199 21870 5206 6510 6255 21859 21871 4102 21862 21857 4475 33 4323 5119 21864 6067 4441 21865 1247 21858 21867 5119 BENSON, MAURY 4907 CONTRACTORS EQUIPMENT CO 6528 ASCOLTA TRAININg COMPANY 12059 SOFTWARE BDUCTION OF AMERICA~ INC AES A-1 EQUIPMENT SALES, INC. ABC LOCKSMITHS ABEIS READy MIX & MAINTENANCE ABLETRON I C S ADAMSON, RONALD ADVANCED COPY SERVICES AICON ENTERPRISES AIR LIOUIDE AMERICA CORPORATION ALL AMERICAN ASPHALT AM PM TOWINg AMERICAN PUBLIC WORKS ASSOCIATION AON CONSULTINg & INSURANCE SERVICES ASSI SECURITY ASSOCIATED ENGINEERS ATLAS ENQRAVINO AUDIO-TECH BUSINESS BOOK SUMMARIES B & K ELECTRIC WHOLESALE B. C CAFE BA~4ER TOOL & CUTTER ORINDINO, INC. BARNES & NOBLE BASELINE TRUE VALUE HARDWARE BELLSOUTH WIRELESS DATA L. P. BENSON, MAURY BEROEN BRUNSWIO DRUg COMPANy BERRYMAN & HENIOAR BEST BUY CO., INC. BEST VIDEO BLAKE PAPER CO., INC. BOURNE ROOFINO/BOURNE SHEET METAL BRIDgFORD DISTRIBUTINO COMPANY 4369 BRODART BOOKS 5341 BUCKNAM & ASSOCIATES 6539 BURRTEC WASTE INDUSTRIES, INC. 6481 CALCOM MAINTENANCE APWA MEMBERSHIP RECREATION INSTRUCTOR PAYMENT EQUIPMENT RECREATION REFUNDS TRAININg RECREATION REFUND MAINTENANCE SUPPLIES PROFESSIONAL SERVICES MAINTENANCE SUPPLIES BUSINESS LICENSE REFUND MAINTENANCE SUPPLIES INSPECTION SERVICES BUSINESS LICENSE REFUND BUSINESS LICENSE REFUND BUSINESS LICENSE REFUND PROGRESS PAYMENT BUSINESS LICENSE REFUND APWA MEMBERSHIP NEWSLETTER RESERVATION REFUND MAINTENANCE SUPPLIES PROFESSIONAL SERVICES BUSINESS LICENSE REFUND ANNUAL SUBSCRIPTION MAINTENANCE SUPPLIES BUSINESS LICENSE REFUND BUSINESS LICENSE REFUND LIBRARY SUPPLIES MAINTENANCE SUPPLIES COMMUNICATION CHARGE INSTRUCTOR PAYMENT BUSINESS LICENSE REFUND PROFESSIONAL SERVICES OFFICE SUPPLIES BUSINESS LICENSE REFUND RECREATION SUPPLIES BUSINESS LICENSE REFUND BUSINESS LICENSE REFUND LIBRARY SUPPLIES CONSULTANT SERVICES PLANNINg FEE REFUND RECREATION REFUND ** CHECK# OVERLAP 142295, 5.00- 1439594 20100- 143960 - 144012 144013. 27.00-- 144014 - 148339 148340. 385.50- 148341 - 148733 148734. 178.80- 148735 - 149183 149184. 2,095.00 149185* 1,386.00 149186 - 149187 149188 5,512.75 149189 333.12 149190 481.38 ~ 149191 40.4I 149192 22.30 # 149194 3~072.00 149195 46.00 149196 207.49 149197 31.00 149199 997 149200 201.00 149201 2,535.00 149202 1,750.00 # 149203 5~688+50 # 149204 859.39 149205 900 149206 149.00 # 149210 171+05 149211 95.10 149214 6.03 # 149218 66.45 149220 36.00 149229 2,500,00 I 1 .3 CITY OF RANCHO CUCAMONQA LIST OF WARRANTS FOR PERIOD: 03-01-00 (99/00) ==:==:=======:==: .................. RUN DATE: 03/01/00 PAGE: 2 ITEM DESCRIPTION WARS NO WARR, ANT. 62 CALIFORNIA JOURNAL 1223 CALSENSE 21872 CAPE-2000 CONFERENCE 21866 CATS USA PEST CONTROL 6520 CDNOW, INC, 5958 CHIVERS AUDIO BOOKS 74 CITY RENTALS 6464 COASTAL 5UILDINQ SERVICES 6531 CODE 3, INC, 4774 COLE. NINA 4301 CDMPUSA, INC, 643 COMPUTERLAND 2258 CONSOLIDATED ELECTRICAL DIST., 21873 CPRS PARK OPERATIONS 21600 CRABTREE, AUDREY 85 21863 6495 284 3698 6302 41187 4205 858 5937 5137 5336 5944 41188 137 4486 6277 32286 5699 4600 6000 32270 158 32276 3633 INC. CUCAMONOA CO HATER DIST CUCAMONBA PLUMBING COMPANY D & J FOOTHILL ELECTRICAL DAISY WHEEL RIBBON CO~ INC DEALERS AUTO TRIM DEAN, INC., STUART DYNALECTRIC DYNAMIC GRAPHICS, INC. ECONOLITE CONTROL PRODUCTS, INC. EMPIRE FLOOR COVERING EMPIRE MOBILE HOME SERVICE ENRIOHT PLUMBINO FAVELA JR., RICHARD FIBRE CONTAINERS COMPANY FIRST PLACE TROPHIES ** CHECK# OVERLAP SUBSCRIPTION 149230 41,16 OFFICE/MAINTENANCE EGUIPMENT # 149231 3,408,71 REGISTRATION 149232 160.00 BUSINESS LICENSE REFUND 149233 6,26 RECREATION REFUNDS 149234 500.00 LIBRARY SUPPLIES 149235 6707 E8UIPMENT RENTAL/SUPPLIES # 149236 853,84 RECREATION REFUND # 149237 15,047. 50 RECREATION REFUND 149238 55.00 LIBRARY SUPPLIES 149239 15,81 MAINTENANCE SUPPLIES # 149240 24,045.48 COMPUTER MAINTENANCE/SUppLIES # 149241 5,446.76 MAINTENANCE SUPPLIES 149242 16.70 CONFERENCE REOISTRATION 149243 5500 RECREATION 149244 27.00 <<< 149245 - 149247 MONTHLY HATER BILLINQS # 149248 18,602.32 BUSINESS LICENSE REFUND 149249 25.00 PROFESSIONAL SERVICES 149250 26,676.00 OFFICE SUPPLIES # 149251 360,33 VEHICLE MAINTENANCE 149252 170.03 CONTRACT SERVICES # 149253 3,000.00 OVERPAYMENT ON FEES 149254 15,00 OFFICE EQUIPMENT 149255 58.95 MAINTENANCE SUPPLIES 149256 15.00 PROFESSIONAL SERVICES 149257 980. O0 PROFESSIONAL SERVICES # 149258 6~358+50 DEPOSIT REFUND 149259 2,425,00 REIMBURSEMENT 149260 86.00 OFFICE SUPPLIES 149265 9,05 MAINTENANCE SUPPLIES # 149270 468.56 MAINTENANCE SUPPLIES # 149280 1~793.90 4 | | | l CITY OF RANCHO CUCAMONOA LIST OF WARRANTS FOR PERIOD: 00-01-00 {9e/OO) RUN DATE: 03/01/00 PAOE: 3 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AM~. 3634 HOUSE OF RUTH 32277 HSU, M.D.,ANDREW S. 32282 HUFFMAN, ROY 0. 32289 HURST, JOHN 32290 IN-N-OUT BURQER 5682 INLAND INDUSTRIAL MEDICAL QROUP 6429 INLAND UNIFORMS 32285 INTERQRATED DIQITAL TECHNOLOGIES 32278 INTERSTATE BRANDS CORP. 3452 INTRAVAIA ROCK & SAND 179 KAISER FOUNDATION HEALTH PLAN 549 MARIPOSA HORTICULTURAL ENT. INC. 6538 MARKERTEK VIDEO SUPPLY 5851 MARKETING SERVICBS INTIL 32279 MASTEC NORTH AMERICAN~ INC+ 32287 MCMULLEN, MARIA ELENA 2198 MICHAELS STORES INC. #3019 5852 MIDWEST TAPE 749 MIJAC ALARM COMPANY 1020 MOUNTAIN VIEW GLASS & MIRROR 5755 MOUNTAIN VIEW INLAND POOL 5813 MUNSON, MICHELLE 2248 NAPA AUTO PARTS 744 NATIONAL DEFERRED 593 NATIONAL NOTARY ASSOCIATION 5898 NATIONAL REGISTER PUBLISHINg 32280 NEW ENGLAND NEWSPAPER SUPPLY CO, INC 32284 NQUYEN, KIMIANH 32288 NORRIS, JIM J. & SHERRIE L. 712 NORRIS-REPKE, INC. 4853 OCLC, INC. 5240 ODIN METROLOGY 523 OFFICE DEPOT 3072 ONTARIO AIRPORT MARRIOTT 1224 ORANQE COUNTY STRIPING SERVICE, INC. REIMBURSEMENT 149286 50.00 CONTRACT SERVICE 149287 300.00 RECREATION REFUND 149310 558.62 MAINTENANCE SUPPLIES 149317 241.49 BUSINESS LICENSE 14~3~5 12.60 CORE SERVICES CHARQES 149328 115.81 MAINTENANCE 149329 452.73 OFFIC8 SUPPLIES # 149332 8,035.72 STRIPING SERVICES 149334 13,730.98 CITY OF RANCHO CUCAMONQA LIST OF WARRANTS FOR PERIOD: 03-01-00 (99/00> ================ .................. RUN DATE: 03/01/00 PAGE: 4 ITEM DESCRIPTION WARR NO ====================== .................. WARS. ANT. 1824 6376 4904 1441 32275 757 32281 6205 6206 791 1432 6537 3632 12064 12057 12058 641I 2344 3942 6505 5988 4448 4558 350 ORIENTAL TRADINg ORYX OTT, LAURA PACIFIC SELL PAPER CREW, THE PEP SOYS PEP BOYS~ THE PETERMAN LUMSER PLANNINg CENTER, THE PMI/DELTA CARE POMONA INL VALLEY CNCL OF CHURCHES PROTECTION SERVICE INDUSTRIES PUSLID AGENCY RISK SHARINg AUTH CA. RC.R. PLUMBINg, INC. RALPHS gROCERY COMPANy SANCHO CUCAMONQA COMMUNITY FOUNDATN RANCHO CUCAMONQA FAMILY YMCA REINHARDT~ RITA RESPONSE ENVELOPE RIgHTWAY RIVERSIDE SLUEPRINT ROYAL PIPE & SUPPLY RUSH~ CHRIS BY-LEE TRUCK TIRE SERVICE SAN SERN COUNTY FIRE DEPT. SANDEFUR, DAVID E SECC CORP SECORD & MURATORE SSALIMAR T0URS & CHARTER SHARED TECH. FAIRCHILD TELECOM, INC SIEBE ENVIRONMENTAL CONTROLS SMART & FINAL SMART DIGITAL TECHNOLOGY SMIDERLE, RICHARD SO CALIF OAS COMPANY SOUTH COAST ENgINEERS&CONSTRUCTORS SOUTHERN CALIFORNIA EDISON STARLIGHT PRODUCTIONS IND STEELWORKERS OLDTIMERS FOUNDATION STRATTON, JACK STREAMLINE TECHNOLOgy OROUP~ INC SUNDSERg CONSTRUCTION SWEET'S CLEAN SWEEP TARGET TERNINIX INTERNATIONAL TOVAR, ANNE MARGARET TRANSTECH ENOINEERS, INC. TREADWAY gRAPHICS U S gUARDS CO., INC. U S POSTMASTER CHECK# OVERLAP MAINTENANCE SUPPLIES 149335 119.10 RECREATION REFUND # 149336 120.89 INSTRUCTOR SNR. EXERCISE CLASS # 149337 410.50 MAINTENANCE SUPPLIES 149338 5419 SUSINESS LICENSE 149339 1055 VEHICLE MAINTENANCE SUPPLIES # 149340 13.74 SUSINESS LICENSE 149341 23.00 EARTHQUAKE PREPAREDNESS KIT # 149342 607.12 SUSINESS LICENSE REFUND 149343 2~711.60 MEDICAL INSURANCE 149344 1~115.85 WEST END HUNGER PROGRAM # 149345 938.25 PROTECTION SERVICES-LIONS CNTR # 149346 93.70 2ND QUARTER PREMIUM DEPOSIT 149347 79,466.50 SUSINESS LICENSE REFUNDS 149348 80.72 RECREATION SUPPLIES 149349 65.52 RMB MONTE CARLO NIGHT TICKETS 149350 75.00 PROGRAM ASSISTANCE PROGRAM 149351 560.00 RECREATION REFUND 149352 761.60 OFFICE SUPPLIES 149353 1~441.70 VOID CK DATED 8/4/93 149354 2160 PRINTS 149355 13.37 MAINTENANCE REPAIRS 149356 1582 INSTRUCTOR PAYMENT 149357 109.75 RECREATION REFUNDS 149358 11500 UNDERGROUND TANKS 149359 221176.75 PERMIT DEPOSIT REFUND 149360 500.00 PERMIT DEPOSIT REFUND 149361 1,OOO. O0 BUSINESS LICENSE REFUNDS 149362 43.00 RECREATION TRIP 149363 104.07 TELEPHONE SERVICES 149364 73.71 SERVICE/SUPPLIES ' 149365 14~973.00 DAY CAMP SUPPLIES # 149366 111.29 TRAININg 149367 198.00 EDUCATION REIMSURSEMENT 149368 53.00 MONTHLY gAS SILLS 149369 312.82 SUSINESS LICENSE REFUNDS 149370 242.68 <<{ 149371 - 149375 MONTHLy ELECTRIC PILLS # 149376 30~837.69 RECREATION REFUND 149377 4,667.84 OLDTIMERS FOUNDATION 149378 70833 PERMIT DEPOSIT REFUND 149379 250.00 SUSINESS LICENSE REFUND ]49380 22.99 SUSINESS LICENSE REFUND 149381 26.44 RECREATION REFUND 149382 0,100.00 YOUTH PROORAM & DAY CAMP SUPPL # 149383 63.69 MONTHLY PEST CONTROL SERVICE 149384 162.00 BUSINESS LICENSE REFUND 149385 560.00 PROORESS ESTIMATE #1 149386 9,456.90 POLICE DEPT SUPPLIES 149387 2,307.51 SECURITY ~UARD SERVICE # 149388 3,07506 POSTAGE LANDSCAPE NEWSLETTER 149389 100.00 CITY OF RANCHS CUCAMONQA LIST OF WARRANTS FOR PERIODz 03-O1-00 ~99/O0) RUN DATE: 03/01/00 PAGE; 5 VENDOR NAME ITEM DESCRIPTION WARR NO WARR AMT. ~ CHECK~ OVERLAP 4788 UNDERGROUND SVC. ALERT OF SO. CALIF UNDERGROUND SERVICE ALERT 149390 468.05 3437 UNIFIRST UNIFORM SERVICE UNIFORM SERVICES # 149391 ~98.68 12065 VANDERSLUIS, BOB TUITION REIMBURSEMENT 149392 22427 12060 VANGUARD TOOL & MANUFACTURINg CO BUSINESS LICENSE REFUNDS 149393 16.70 5285 VIKINg TIRE VEHICLE SUPPLIES ~ 149394 1,387.09 499 VISION SERVICE PLAN - (CA) MONTHLY VISION SERVICE BILLINg 149395 8,479.62 5870 VLSYSTEMS, INC. COMPUTER HARDWARE # 149396 10~890+00 213 WAXIE, ~LEEN-LINE CORP MAINT SUPPLIES ~ 149397 575.70 120~1 WE8 SERVICE CO, INC ~USINESS LICENSE BEFUND 149398 53.88 4577 WELLS FARGO gUARD SERVICES SECURITY ~UARD SERVICES ~ 149399 2,211.54 5826 WEST gROUP PUBLISHINg # 149400 15948 399 WEST VALLEY VECTOR CONTROL DISTRICT VECTOR CONTROL SERVICES 149401 12,061.43 6535 WINTERMALE SOFTWARE MASTER PLAN STROM DRAIN # 149402 761~25 6283 ZOLEZIO, MIC~EY ROCHESTER/LAR~ DR RIgHT-OF-WAY 149403 294.00 TOTAL 681~764, Q8 I I .1 1 I I i I CITY OF RANCHO CUCANONGA LIST OF MARRANTS FOR PER]D0:02-23-00 C99/00) RUN DATE: 02123100 PAGE: I VENDOR NAME ]TEN DESCRIPTION NARR NO WARRo ANT, ((( 14,7A59 - IA8670 )>) 6516 KRUSE, JOAN A. RECREATION REFUNDS 14,66710 1,120.00 581 SAN BERN COUNTY CAL-1D PROGRAM 1A89760 13.00 Sel SAN BERN COUNTY CAL-ZD PROGRAM 1489770 lO,OO 5367 A N OZRECT MAINTENANCE SUPPLIES I&BOBO 370.64` I AA EQUIPMENT RENTALS CO.e 1NCo VEHICLE MAINTENANCE/SUPPLIES 148981 19.63 6309 ADAMSONe RONALD INSPECTTON SERVICES B 148983 5509 AIR CONTROLLED ENVIRONMENTS PROFESSIONAL SERVICES I 168986 Ie836.57 1826 AIRTOUCH CELLULAR CELLULAR PHONE BILLINGS ! 14'6987 3,307.66 21855 AMERICAN INSTITUTE NATIONAL EXANZNAT[ON FEE 148991 188,00 2693 AMTECH ELEVATOR SERVICES MONTHLY SERVICE 8 14,8992 810.33 6530 ARKOIAN, RAZHIK CONTRACT SERVICE ]4`8993 80.08 26 ASSOCIATED ENGINEERS 'PROFESSIONAL SERVICES 148997 880°00 ZgBZ AUDIO GRAPHICS SYSTEMS OFFICE EQUIPMENT t 14,8998 536.60 6115 AUFBAU CORPORATION PLAN CHECK SERVICES t 14,6999 ]6~,84Zo50 6102 B & K ELECTRIC NHOLESALE MAINTENANCE SUPPLIES 8 169000 242o19 576 BULLERe BRAD CASH AOVANCE 14,9008 135.00 1061 CHAMPION ANARDS & SPECIALZT]ES ENGRAVED PLAQUE 149013 178,87 21856 CHEVRON PRODUCTS CD~qPANY REFUND APPLICATION FEE 14,9014, ZeS70oOO 6408 COLOR TECH COMMERCIAL PRINTING RECREATION REFUND 149016 2e533o20 Z258 CONSOLIDATED ELECTRICAL DZST.~ ZNCo MAINTENANCE SUPPLIES 149011 1e160o48 32263 COPPOS FILRS RECREATION i 14,9018 6164,Ao16 6105 CORDURA, ALDG RECREATION REFUND 149019 22.10 5713 CPRS REGISTRATION 14,9020 4`5°00 5713 CPRS REGISTRATION 149021 60.00 <(< 149022 - 169022 >)> · ~ CHECKI OVERLAP 85 CUCAMONGA CO HATER DZST NONTHLY WATER BZLLZNGS I 3490Z3 3.836.18 CITY OF RANCHD CUCANONGA LIST OF MARRANTS FOR P~R%OO: OZ-Z3-*O0 (99100) RUN DATE: OZ/Z3100 PAGE: 3 VENDOR NAME ITEM DESCRIPTION NARR NO WARR, ANTe O0 CHECKA OVERLAP 6090 KONGe SOPHAK BUSINESS LICENSE REFUND 149075 420.00 4982 KORANDA CONSTRUCTION CeCe8.G. i 1A9076 38696o50 6260 KRANER°S MASONRT RECREAT/ON REFUND 149077 3e567o60 6516 KRUSEe JOAN A, RECREATION REFUNDS 1A9078 5545 L S A ASSOCZATESw INCA PROFESSIONAL SERVICES I 149079 2,790.76 5411 LAERDAL HEDZCAL CORPORATION RECREATION SUPPLIES I XA~080 '65.73 339 LANe JACK LEAGUE MEETING 169081 75°00 321 LANDSCAPE NEST, XNCo LANDSCAPE MAINTENANCE # 149082 1138756o59 3Z267 LANGERe ANZTA RECREATION 149083 849 LANSDN PRODUCTS, INCo MAINTENANCE SUPPLIES 8 169084 587°65 6336 LEMANe MARK SUBSCRIPTIONS I 149085 ITScOO 5884 LZLBURN CORPORATION PROFESSIONAL SERVICES e 149086 68109800 2048 LITTLE TZKES CONNERCZAL PLAT SYS MAINTENANCE SUPPLIES 149087 312.70 5662 LOS ANGELES COCA COLA 8TL. COD RECREATION SUPPLIES I 149088 427o71 32Z68 LDSCALZO, LINDA RECREATION 149089 25.00 32266 MARTIN, SAUL ANGEL RECREATION 149090 200o00 Z50 NARTZNEZ TGMZNG AND AUTOMOTIVE TONING SERVICES 149091 6085 NCAROLEe KEVIN BUSINESS LICENSE REFUND 149092 10.00 3148 NCCLINTON TRUCKING CO°wINCe JoC. MAINTENANCE SUPPLIES 169093 lfOTDoOO 2198 RICHAELS STORES ZNC. 13019 RECREATION SUPPLIES 149094 239°43 6170 MICROAGE COMPUTERMART 1996 GTE DUES 169095 396°96 32269 MOLANO, ANY RECREATEON I 169096 AOoO0 2361 NEMPORT TRRFFIC STUDIES NAZNTENANCE 169097 795.00 ((( 149098 - 149099 5461 ORCHARD SUPPLY HARDWARE MAINTENANCE SUPPLIES e 169100 ZmlZ8o60 5461 ORCNARO SUPPLY HARDWARE MAINTENANCE SUPPLIES I 149101 23,29 235 OMEN ELECTRIC MAINTENANCE SUPPLIES i 14910Z 44o17 5343 PACIFIC PLUMOENG SPECIALTIES MAINTENANCE SUPPLIES 149103 Z07e36 6287 PACIF;CARE OF CALIFORNIA RECREATION REFUND lADlOA 328265e00 1823 PAGENET PAGING SERVICE 149105 4Z1,05 65Z9 PAGOVRTZZSw BASZLE COUNCIL MEETING 149106 3ZeO0 6141 PC NORLD REFUND'CHECK SENT ZN ERROR 169107 19o97 7209 PXNCOTTe JOHN REFUND PERS DEDUCTION 149108 226e27 CITY OF RANCMO CUCANQNGA LIST OF MARRANTS FOR PERIOD: 02-23-00 (99100) 6518 RNTTMN ENTERTAINMENT RECREATION REFUNDS 169127 130o00 Z76 RIVERSIDE BLUEPRINT PRINTS 169130 11.66 3314 ROBZNSDN FERTILIZER LANDSCAPE SUPPLIES 149131 199.37 6117 S 8 L O, INCo BUSXNESS LICENSE REFUND i 169133 768°00 5745 SAFELITE GLASS CORP. SERVICE ANO SUPPLIES IA9135 397.52 303 SAN BERN COUNTY ENGINEERING OFFICE SUPPLIES 169136 ZO0.O0 City of Rancho Cucamonga Portfolio Management Portfolio Summary February 29, 2000 City of Rancho Cucamcnga Par Man~et Book % of investnlents Value Value Value Portfolio Certificates of Deposit - Bank 5,310,532.20 5,310,53220 5,310,532.20 5,23 Local Agency Investment Funds 14,795,550.83 14,795,550.83 14,795,55083 14.56 Certificates of Deposit/Neg. - Bank 1,515,000.00 1,515,000.00 1.515,000.00 1.49 Federal Agency Issues - Coupon 72,000,000.00 69,677,812.50 71,970,468.75 7082 Treasury Securities - Coupon 8,000,000.00 7,933,125.00 7,969,687.50 7.84 Mortgage Backed Securities 60,110.70 61,69472 56,320,18 0.06 Investments 101,681,193.73 99,293,715.25 101,617,559.46 100.00% Cash Passbook/Checking 930,607.92 930,607,92 930,607.92 (not included in yield calculations) Total Cash and investments 102,611,801.65 100,224,323.17 102,548, 167.38 Total Earnings February 29 Month Ending Fiscal Year To Date Current Year 497,467.94 3,921,487.64 Average Daily Balance 102,987,804.61 101,050,997.28 Effective Rate of Return 6.08% 5.81% Days to YTM YTM Term Maturity 360 Equiv. 365 Equiv. 368 36 5.102 5.173 I 1 5,692 5.771 365 154 5.730 5.810 1,701 1,205 5.742 5.822 726 441 5.688 5.767 7,778 3,157 9.707 9.842 1,291 894 5.699 5.778 I I 1.973 2000 1,291 894 5.699 5.778 I certi~J that this report accurately reflects all City pooled investments and is in comformity w th he nvestment policy adopted October 20, 1999. A copy of the investment policy is available in the Administrative Services Department, The investment Program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. The month~nd market values were obtained from (ID C)-Interactive Data Corporation pricing service. The attached Summary of Cash and Investments with Fiscal Agents as of the prior month's end is provided under the City official Investment Policy. The provisions of the individual bond documents govern the manageme e funds, City of Rancho Cucamonga Portfolio Management Portfolio Details - Investments February 29, 2000 Page 2 CUSIP Investment # Issuer Certificates of Deposit - Bank 6385XIKW9 01040 NATIONSBANK NA 03/11/1999 6385XINC0 01048 NATIONSBANK NA 06/01/1999 6509-28649 #35 01041 SANWA 03/16/1999 SuMotal and Average 5,310,53220 Local Agency Investment Funds 00005 LOCAL AGENCY INVST FUND Subtotal and Average 16,454,171.52 Certificates of Deposit/Neg. - Bank 06050EAR6 01055 NATIONSBANK NA 08/05/1999 Subtotal and Average I,B15,000.00 Federal Agency Issues - Coupon 31331RAA3 00988 31331RDXO 00996 31331RMS1 01002 3183IRMA0 01004 31331RUG8 01022 31331R065 01036 31331R2Y0 01042 31331R306 01045 31331R4R3 01046 31331R7E9 01052 3133M2US4 01003 3133M6NE4 01035 3133M75D4 01038 3133M86L3 01043 3133M8B78 01044 3133M94J8 01050 3133M9501 01051 3133M96K3 01053 3133M9CG5 01054 3133MARK7 1059 3134AILB4 06994 3134AIH45 01000 3134A2PN2 01030 FEDERAL FARM CREDIT BANK 03/27/1997 FEDERAL FARM CREDIT BANK 67/17/1997 FEDERAL FARM CREDIT BANK 01/07/1998 FEDERAL FARM CREDIT BANK 01/06/1998 FEDERAL FARM CREDIT BANK 05/27/1998 FEDERAL FARM CREDIT BANK 12/15/1998 FEDERAL FARM CREDIT BANK 03/16/1999 FEDERAL FARM CREDIT BANK 04/07/1999 FEDERAL FARM CREDIT BANK 04/28/1999 FEDERAL FARM CREDIT BANK 06/21/1999 FEDERAL HOME LOAN BANK 01/06/1998 FEDERAL HOME LOAN BANK 12/08/1998 FEDERAL HOME LOAN BANK 01/21/1999 FEDERAL HOME LOAN BANK 03/23/1999 FEDERAL HOME LOAN BANK 04/06/1999 FEDERAL HOME LOAN BANK 06/17/1999 FEDERAL HOME LOAN BANK 06/21/1999 FEDERAL HOME LOAN BANK 06/28/1999 FEDERAL HOME LOAN BANK 07/13/1999 FEDERAL HOME LOAN BANK 02/25/2000 06/25/1997 10/22/1997 08/20/1998 FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG. CORP. Average Purchase Balance Date Par Value 2,000,000.00 1,500,000.00 5,310,532.20 14,795,550.83 1~795,550.83 1,515,000.00 Market Value 2,000,000.00 1,500,000.00 1,810,532,20 5,310,532.20 BOok Value Stated YTM Daysto Maturity Rate Moody's 360 Maturity Date 2,000,000.00 5.100 5.100 12 03/13/2000 1,500,000.00 5.350 5.350 96 06/0512000 1,810,532.20 4,900 4.900 14 03/15/2000 5,310,532.20 5,102 36 14,795,550.83 14,795,550.83 5.771 5.692 1 14,795,550.83 14,795,550.83 5.692 I t,515,000.00 5.730 5.730 154 08/02/2000 5.730 1~4 2,000,000.00 1,988,750,00 2,000,000.00 6.620 6.529 756 03/27/2002 2,000,000,00 1,966,875.00 1,999,375.00 6,240 6.162 868 07/17/2002 1,000,000.00 977,812.50 1,000,000.00 6.330 6.243 1,042 01/07/2003 2,000,000.00 1,955,625.00 2,000,000.00 6.220 6.135 1,041 01/06/2003 2,000,000.00 1,948.750.00 1,999,375.00 6.290 6.211 1,182 05/27/2003 2,000,000.00 1,899,375.00 2,000,000.00 5.660 5.582 1,384 12/15/2003 3,000,000.00 2,864,062.50 3,000,000,00 5.930 5,849 1,476 03/16/2004 2,000,000.00 t,928,125.00 1,997,500.00 5,850 5.805 1,132 04/07/2003 4,000,000,00 3,803,750,00 3,997,500.00 5.850 5.784 1,518 04/27/2004 2,000,000.00 1,970,000.00 2,000,000.00 6.375 6.288 842 06/21/2002 1,000,000.00 978,437.50 1,000,000.00 6.230 6.145 1,041 01/06/2003 2,000,000.00 1,894,375.00 2.000,000.00 5.530 5.454 1,377 12/08/2003 t,000,000.00 944,687.80 1,000,000.00 5.510 5.435 1,421 01/21/2004 3,000,000,00 2,914,687.50 3,000,000,00 5.755 5.676 936 09/23/2002 2,000,000.00 1,895,000.00 2,000,000.00 5.700 5.622 1,497 0410612004 3,000,000.00 2,899,687,50 2,984,531.25 6.230 0.000 1,569 06/17/2004 2,000,000,00 1,965,000.00 1,999,375.00 6.150 6.077 842 06/21/2002 2,000,000.00 1,940,625.00 1,996,875.00 6.480 6.428 1,580 06/28/2004 1,000,000.00 991,250,00 1,000,000.00 6.040 5.957 499 07/13/2001 2,000,000.00 1,991,875.00 1,999,687,50 7.000 6.910 1,091 02/25/2003 3,000,000.00 2,980,312.50 3,000,000.00 6.630 6.537 694 01/24/2002 2,000,000.00 1,965,000.00 2,000,000.00 6.320 6.233 965 10/22/2002 2,000,000.00 1,933,125.00 2,000,000.00 6.050 5.967 1,267 08/20/2003 Portfolio CITY Run Date: 03/07r2(x~ - 17:12 CP % PM (PRF_PM2) SymRept V5olf CUSIP Investment # Federal Agency Issues - Coupon 3134A2XJ2 01033 3134A2N20 01037 3134A3NS1 01047 31364CJ58 00992 31364FC33 01016 31364FG96 01018 31364GBE8 01032 31364GJM2 01034 31364GTJ8 01039 Suetotal and Average Average Issuer Balance FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG. CORP. FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEr)ERAL NATL MTG ASSN 70,315,554.96 Treasury Secudties - Coupon 9128274M1 01026 TREASURy NOTE 9128275H1 01049 TREASURY NOTE 9128275X6 1058 TREASURY NOTE Sub~o~tal and A_verage Mortgage Backed Securities 313401vv~f7 31360BJ21 36215VVX74 36215XZS4 7,969,687.50 00071 FEDERAL HOME LOAN MORTG, CORP. 00203 FEDERAL NATL MTG ASSN 00002 GOVERNMENT NATIONAL MORTG ASSN 00069 GOVERNMENT NATIONAL MORTG ASSN Subtotal and Average 51,071.21 Total Investments and Average 101,622,017.38 City of Rancho Cucamonga Portfolio Management Portfolio Details - Investments February 29, 2000 Purchase Date Par Value Market Value Book Value 11/2411998 2,000,000.00 1,910,625.00 2,000,000.00 01/14/1999 2,000,000.00 1,928,125.00 2,000,000.00 05104/1999 5,000,000.00 4,764,062+50 5,000,000.00 05/05/1997 2,000,000.00 2,001,875,00 2,000,000+00 05/04/1998 3,000,000,00 2,920,312.50 3,000,00000 0511911998 2,000,000.00 1,943,125.00 2,000,000.00 10/06/1998 2,000,000.00 1,905,625.00 2,000,000.00 12/01/1998 2,000,000,00 1,891,875.00 2,000,00000 02/1111999 4,000,000.00 3,815,000.00 3,996,250.00 72,000,000.00 69,677,812,50 71,970,468.78 08/0311998 2,000,000.00 1,995,000,00 1,996,250.00 06/09/1999 4,000.000.00 3,943,750,00 3,977.50000 01131/2000 2,000,000.00 1,994,375.00 1,995,937+50 8,000,000.00 1,933,125.00 7,969,687.50 02r2311987 5,334.02 5,391,15 5,295,66 09/15/1987 48,396.41 49,830.88 44,706.18 06123/1986 5,615.95 5,696.48 5,538.73 0512311986 764.32 776.21 779.61 60,110.70 61,694.72 56,320.18 101,681,193.73 99,293,715.25 101,617,559.46 Page 3 Stated YTM Days to Maturity Rate Moody's 360 Matudt,/ Date 5.790 5.711 1,363 11/24/2003 5.600 5,523 1,049 01/14/2003 5.900 5.819 1,525 05/04/2004 7.070 6,973 798 05/0812002 6.280 6,194 1,160 05/05/2003 6.125 6.041 1,174 05/19/2003 5.670 5.592 1,314 10/06/2003 5.520 5444 1,370 12/01/2003 5.860 5.801 1,442 02/11/2004 5.742 1,205 5.375 5.400 152 07/31/2000 5.250 5.478 456 05/31/2001 6.375 6.396 701 01/31/2002 5.688 441 8.000 8,219 671 01/0112002 8,500 10.018 3,836 09/01/2010 8.500 8.778 440 05/15/2001 9.000 8.547 379 03115/2001 9.707 3,157 5.699 894 CUSIP Cash Accounts City of Rancho Cucamonga Portfolio Management Portfolio Details - Cash February 29, 2000 00180 BANK OF AMERICA Cash Subtotal and Average Balance 1.368,487.23 Total Cash and Investments 102,987.504.61 MarketValue Cash Account Total 102,611,801.65 930,607+92 100,224,323.11 Book Value 930,607.92 930,607.92 t02,548,167.38 Rate Moody's 360 Maturity 2.000 Page 4 5.699 894 CUSIP Investment # Issuer Certificates of Deposit - Bank Subtotal Local Agency Investment Funds (Monthly Summary) 00005 LOCAL AGENCY INVST FUND City of Rancho Cucamonga Portfolio Management Investment Activity By Type February 1, 2000 through February 29, 2000 Beginning Stated TransacBon Purchases Balance Rate Date or Deposits 5,310,532.20 Subtotal 17,095,550.83 Checking/Savings Accounts (Monthly Summary) 00180 BANK OF AMERICA Subtotal 936,607.92 Certificates of Deposit/Neg. - Bank 5.771 2.000 2,500,000.00 2,500,000.00 Fedeml Agency Issues - Coupon 3133MARK7 1059 Treasury Securities - Coupon Mortgage Backed Securities 313401VVW7 00071 313608J21 00203 36215VVX74 00002 36215XZS4 00069 4,997,500.00 4,997,500.00 Subtotal 1,515,000.00 FEDERAL HOME LOAN BANK 7.000 02/25/2000 1,999,687.50 Subtotal 69,970,781.25 1,999,687.50 Subtotal 7,969,687.50 FEDERAL HOME LOAN MORTG. CORP. 8,000 02/15/2000 O+00 FEDERAL NATL MTG ASSN 8.500 02/25/2000 0+00 GOVERNMENT NATIONAL MORTG ASSN 8.500 02/15/2000 0.00 GOVERNMENT NATIONAL MORTG ASSN 9.000 02/15/2000 0.00 Subtotal 57,579.83 0.00 Total 102,855,739.53 9,497,t81.50 Sales/Maturities or Withdrawals 4.800,000.00 4,800,000.00 5,003,500.00 5,003,500.00 0.00 0.00 250.64 414.47 527.88 66.66 1,259.65 9,804,759.65 Page 5 Ending Balance 5,310,532.20 14,795,550.83 930,607.92 1,515,000.00 71,970,468.75 7,969,687.50 56,320.18 102,548,167.38 Portfolio CITY CP Run Date: 03t07f2000 - 17:12 PM (PRF_PM3) SymRept V5,01f City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents Forthe Month Ended January 31, 2000 Bond Issue Assessment District No 93-1 Masi Plaza Trustee and/or Paying1 Agent US Bank Purchase Account Name Invesbnent Date imprvmnt Fund First American Treasury Obligation 8/4/97 Imprvmnt Fund Cash N/A Reserve Fund First American Treasury Obligation 8/4/97 Reserve Fund Cash N/A Redemp. Fund Cash N/A PFA RFDG Rev Bonds series 1999 A (Sr) & 1999 B (Subord) US Bank Expense Fund First American Treasury Obligation 7/1/99 Cash N/A Sub Resrv, Fund First American Treasury Obligation 7/1/99 Cash N/A Sr. Resrv. Fund First American Treasury Obligation 7/1/99 Cash N/A Redemption Fund First American Treasury Obligation 7/1/99 Cash N/A TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS * Note: These investments are money markets accounts which have no stated maturity date due to their liquidity. Maturity Date N/A* N/A N/A* N/A N/A N/A* N/A N/A* N/A N/A* N/A N/A* N/A Yield 5.10% N/A 5.10% N/A N/A Cost Value $ 249,494.00 0.21 252,561.00 0.92 0.43 $ 502,056.56 5.10% $ 25,659.29 N/A 0,29 5.10% 592,454.55 N/A 0.55 5.10% 1,112,997.63 N/A 0,63 5.10% 12,756.75 N/A 0.75 $ 1,743,870.44 $ 2,245,927.00 \ ~L~ i.'lfinancelCash with Fiscal Agents xls 3/8/00 3:32 PM R A N C H O bUILDING AND C U C A M O N G A SAFETY Staff Report DATE: TO: FROM: SUBJECT: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Bill Makshanoff, Building and Safety Official APPROVAL OF A RESOLUTION ESTABLISHING FINDINGS AND DETERMINATIONS REGARDING AN APPEAL FILED BY GEORGE GEORGIOU RECOMMENDATION: It is recommended that the City Council approve the attached resolution regarding property located at 6549 Egglestone Place, Rancho Cucamonga. BACKGROUND: On February 23, 2000 the City Council held a special meeting to hear an appeal by Mr. George Georgiou of a Building and Safety Official's decision regarding a masonry wall located at 6549 Egglestone Place, Rancho Cucamonga. The City Council upheld the Building and Safety Official's decision. The attached resolution establishes the findings and determinations in support of the City Council decision regarding Mr. Georgiou's appeal. //Zct'fullySub 'tted, William ~~ Building and Safety Official WNM:Ic Attachment RESOLUTION NO. 00-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING ITS FINDINGS AND DETERMINATIONS REGARDING 6549 EGGLESTONE PLACE, RANCHO CUCAMONGA, CALIFORNIA The City Council of the City of Rancho Cucamonga, California, hereby finds, determines and resolves as follows: 1. The City Council has previously repealed Section 15.08.020 of the Rancho Cucamonga Municipal Code. The City Council has subsequently adopted the 1997 Uniform Building Code, as amended ("Code"). The Code establishes an Appeals Board for hearing matters within the jurisdiction of such body, all as set forth in the Code. The City Council has provided the public hearing described hereunder as a coudesy to Mr. George Georgiou in response to his request to appear before the City Council. The public hearing provided to Mr. Georgiou is not provided under the authority of the now repealed Section 15.08,020 or the successor Code and each regulation is inapplicable, for all purposes, to the proceedings discussed hereunder. 2. The City Council conducted and concluded a public hearing on February 23, 2000 in regards to the decision of City's Building Official in regards to a certain segment of slumpstone wall ("Wall") located upon the real property addressed as 6549 Egglestone Place, Rancho Cucamonga, California. The City Council received oral and written testimony in regards to the subject matter of the hearing, which testimony is hereby incorporated by reference, and duly deliberated upon said evidence prior to its adoption and issuance of this Resolution. 3. The Building Official of the City of Rancho Cucamonga, California did properly investigate, respond to and procesS; the concerns and complaints filed with the City of Rancho Cucamonga by Mr. Georgiou as regards the Wall. The City Council specifically finds that the Building Official acted properly, in all respects, as regards his acceptance of that certain engineering analysis prepared by Stampfl Engineering and dated January 17, 1998 and his reliance upon the same in determining that the Wall is and was designed and built in conformance with the standards specified by the applicable Uniform Building Code, as amended. 4. The City Council hereby determines that, based upon the evidence presented, no further investigation, repair or modification of the Wall is required to bring the Wall into conformance with the minimum standards required by the applicable Uniform Building Code, as amended and adopted by the City of Rancho Cucamonga. 5. The City Council encourages and recommends that Citation Homes and Mr. Georgiou reconsider the prior offer of Citation Homes to remove and replace a certain other segment of block wall. The referenced wall is approximately three (3) feet in length, and generally located immediately adjacent to the residential dwelling unit occupied by Mr. Georgiou at 6549 Egglestone Place, Rancho Cucamonga. The City Council believes that the parties would be mutually benefited by such cooperative undertaking. Resolution No. 00-038 Page 2 6. The City Clerk is directed to deliver this Resolution by first class United States Mail postage prepaid, or by personal delivery to Mr. George Georgiou at 6549 Egglestone Place and to Citation Homes, Attention: Mr. Isolda at TAVA Development Company, DBA Citation Homes, 19600 Fairchild Road, Suite 270, Irvine, California 92612. PASSED, APPROVED, AND ADOPTED this 16th day of March 2000. AYES: NOES: ABSENT: ABSTAIN E D: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 15th day of March 2000. Executed this 16th day of March, 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: March 15, 2000 Mayor and Members of the City Council, Jack Lam, AICP, City Manager Diane Young, Records Coordinator 5 Destruction of City Records RECOMMENDATION: It is recommended that the City Council approve the attached Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. BACKGROUND/ANALYSIS: The records in the attached destruction requests have met their required retention as listed in the City's Records Retention Schedule, and are due for final disposition. The records have been reviewed and approved for destruction by the Department representatives, the Department Heads and the City Attorney. DMY (Attachments as noted) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES WHEREAS, it has been determined that certain City records of the following Departments and Divisions have been retained in compliance with all applicable Federal, State and local statutes: Code Enforcement Engineering - Admin ; and WHEREAS, said City records have met their useful life and are no longer required for public or private purposes: WHEREAS, destruction of said records is necessary to conserve storage space, increase staff productivity, and maintain conformance with the City's Records Management Policy; and WHEREAS, said records as listed in Exhibit "A" attached hereto have been approved for destruction by the City Attorney; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. Resolution No. 00-*** Page 2 SECTION 2: That the City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 15th day of March, 2000 AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 15th day of March, 2000. Executed this 16th day of March, 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk 2/ EXHIBIT 'A' Departmental Destruction Authorizations for the following Departments / Divisions Code Enforcement Engineering Administration CITY OF RANCHO CUCAMONGA Approval and Authorization To Destroy Paper Records and/or Documents Requestor: I have inspected the following records/documents and recommend/request that they be destroyed. These records have not been stored in the City's Records Center and are not listed in the City's Automated Records Management System (ARMS); therefore, destruction is requested outside the scope of the annual ARMS generated destruction process. Description of Records / Documents (Include Record Title Code from Records Retention Schedule when applicable) dZO. Beginning and Ending (Inclusive) Dates of Records / Documents (Mo/Yr) Department Approval City Attorney Approval (if required) e Date Council Approval Date (if required) Destroyed by: Signature Date R.M. Revised 11/98 _j CITY OF RANCHO CUCAMONGA Approval and Authorization To Destroy Paper Records and/or Documents Requestor: I have inspected the following records/documents and recommend/request that they be destroyed. These records have not been stored in the City's Records Center and are not listed in the City's Automated Records Management System (ARMS); therefore, destruction is requested outside the scope of the annual ARMS generated destruction process. Description of Records / Documents (Include Record Title Code from Records Retention Schedule when applicable) Beginning and Ending (Inclusive) Dates of Records / Documents (Mo/Yr) City Attorney Approval (if required) e Date Council Approval Date (if required) Destroyed by: Signature Date R.M. Revised 11/98 J CITY OF RANCHO CUCAMONGA Approval and Authorization To Destroy Paper Records and/or Documents Department: ENG I NEERI NG Requestor: LUC I SAUNDERS I have inspected the following records/documents and recommend/request that they be destroyed. These records have not been stored in the City's Records Center and are not listed in the City's Automated Records Management System (ARMS); therefore, destruction is requested outside the scope of the annual ARMS generated destruction process. Description of Records / Documents (Include Record Title Code from Records Retention Schedule when applicable) Beginning and Ending (Inclusive) Dates of Records / Documents (Mo/Yr) Correspondence Files 1020.1 January, 1995 through December, 1995 Department Approval City Attorney Approval (if required) Signature Date Council Approval Date (if required) Destroyed by: Signature Date RM. Revised 11/98 RA CHO C"UCAMONGA DEPARTMENT StaffRe rt DATE: TO: FROM: BY: SUBJECT: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 98-12, LOCATED AT THE NORTHWEST TERMINUS OF BELL COURT, WEST OF RED OAK STREET, SUBMFFI'ED BY CHARLES UNSWORTH RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving DR 98-12, accepting the subject agreement and securities, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DR 98-12, located at the northwest terminus of Bell Court, west of Red Oak Street, in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, was approved by the Planning Commission on August 31, 1998. This project is for the construction of a 45,990 square foot industrial building on 2.5 acres of land. The Developer, Charles Unsworth, is submitting an agreement and securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond $3,800.00 Labor and Material Bond $1,900.00 Copies of the agreement and securities are available in the City Clerk's Office. CITY COUNCIL STAFF REPORT DR 98-12 February 24, 2000 Page 2 A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:WV:sd Enclosures 27 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 98-12 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on March 15, 2000, by Charles Unsworth as developer, for the improvement of public right-of-way adjacent to the real properly specifically described therein, and generally located at the northwest terminus of Bell Court, west of Red Oak Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DR 98-12; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2 That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 98-12 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms .of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 I (- CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTll EXHIBIT "B" WORK PROGRAM PROJECT: DR 98-12 STREET LIGHTS: Dist. 5800L S1 1 S6 NUMBER OF LAMPS 9500L 16,000L 22,000L 27,500L LANDSCAPING: Community Equestrian Trail Turf Non-Tuff Dist. D.G.S.F. S.F. S.F. L3B Trees Ea. 6 * Existing items installed with original project. ASSESSMENT UNITS: Assessment Units By District Parcel Acres S1 S6 L3B N/A 2.5 5.0 2.5 2.5 Annexation Date: March 15, 2000 Form Date 11/16/94 ~CCENTER DR. ARROW ROUTE Z 26TH ST. PULLMAN CT. EDISON CT. < SITE FULTON CT. ~ BELL CT. JERSEY BLVD. CITY OF RANCHO CUCAMONGA ENGX1V~G DX~ON Dx~ ,~,~ -/2 N C H 0 CUCAMONGA ENGINEERING DEPARTFIENT StagRe 14: DATE: March 15, 2000 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Henry Murakoshi, Associate Engineer ~: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY FOR INTERIOR STREETS AND STORM DRAINS (2ND PHASE, VICTORIA PARK LANE TO HIGHLAND AVENUE), AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15875, LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD, SUBMI'I'I'ED BY KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC., A CALIFORNIA CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract Map Number 15875, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract Map No. 15875, located at the northeast corner of Base Line Road and Day Creek Boulevard, was approved by the Planning Commission on October 14, 1998, for a residential subdivision 158 single family lots on 32.6 acres of land in the Low Medium Reside.ntial Designation within the Terra Vista Community Plan. Final Map 15875, consisting of 72 single-family lots, is in the 2nd phase. The Developer, Kaufman and Broad of Southern California, Inc., is submitting an agreement and security to guarahtee the construction of the off-site improvements in the following amounts: CITY COUNCIL STAFF REPORT TRACT MAP NUMBER 15875 March 15, 2000 Page 2 Faithful Performance Bond $592,000 Labor and Material Bond: $296,000 Monumentation Bond $ 6,000 Copies of the agreement and security are available in the City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. & R.'s have also been approved by the City Attorney. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:HM:sd Attachments ~UI~,"0Tr~""~~GHLAND AVE. , SILV[RI~ERRT _._-Ii, II n ~,11 -~ o -7 I BASE I I CHURCH SUGAR GUM ST. LINE ROAD STREET II II II II II II II II II FOOTHII L CiTy (Jl,' Ib\NCilU CUCAIVIONGA COUNTY Oi" ~AN IIEI{NAA{UINiJ ~'i'/Vi'E L)I,' CALII,'LIi{NIA RESOLUTION NO. ~) 0 "D q;-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15875 AND IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map No. 15875, submitted by Kaufman and Broad of Southern California, Inc., located on the northeast comer of Base Line Road and Day Creek Boulevard, being a division of 158 single family lots on 32.6 acres offand in the Medium Residential District was approved by the Planning Commission oft he City of Rancho Cucamonga on October 14, 1998, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 15875 is the final map (2"d phase) of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Kaufman and Broad of Southern California, Inc., as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication and the final map delineating the same for said Tract Map No. 15875 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~ ~ ' ~ q,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NUMBER 15875 WHEREAS, the City Council of the City ofRancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Califomia, said special maintenance district known and designated as Landscape Maintenance District No. 2, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. Z. STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND ,5 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO · STATE OF CALIFORNIA EXHIBIT "B" WORK PROGRAM PROJECT: TRACT 15875 (Interior Streets) STREET LIGHTS: Dist. 5800L S1 S3 23 NUMBER OF LAMPS 9500L 16,000L 22,000L 27,500L LANDSCAPING: Community Equestrian Trail Dist. D.G.S.F. L2 T~f Non-T~f S.F. S.F. Trees Ea. 153 * Existing items installed with original project. ASSESSMENT UNITS: Assessment Units By District Parcel DU S1 S2 L1 72 72 72 Annexation Date: March 15, 2000 Form Date 11/16/94 CERTIFICATE OF SUFFICIENCY OF CONSENT AND WAIVER TO ANNEXATION FOR TRACT 15875 TO LANDSCAPE MAINTENANCE DISTRICT NO. 2, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 3 STATE OF CALIFORNIA COUNTY OF SAN BERNARD[NO CITY OF RANCHO CUCAMONGA WILLIAM J. O'NEIL, the undersigned, hereby certifies as follows: That I am the duly CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 2na day of February, 2000, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file iri the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 2"d day of February, 2000, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA R A C H O C U C A M O N G A DATE: TO:. FROM: SUIIJECT: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $32,450.00, ($29,500 PLUS 10% CONTINGENCY) FOR THE MODIFICATION OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING AT CARNELIAN STREET AND 19TM STREET (SR 30), TO THE APPARENT LOW BIDDER NEW WEST SIGNAL TO BE FUNDED FROM TRANSPORTATION FUND ACCOUNT 22-4637-981 I. It is recommended that the City Council award and authorize for execution the contract for the modification of traffic signals and intersection lighting at Carnelian Street and 19:h Street (SR 30), to the apparent low bidder New West Signal to be funded from Transportation Fund account 22-4637-9811. BACKGROUND ANALYSIS: Per previous Council action, bids were solicited, received and opened on February 29, 2000, for the subject project. The Engineer's estimate was $52,000. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and found all bidders to meet the requirements of the bid documents. Respectfully submitted, William J. O'Neil City Engineer WJO:JTH:dbm Attachment z// Modification of Traffic Signals and Safety Lighting at 19th Street and Carnelian Street City of Rancho N Cucamonga S THE C IT Y OF J~ANCIIO CUCA~,IONGA StitffReport DATE: March 15, 2000 TO: Mayor and Members of the City Cormell Jack Lain, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer,,~~ SUBJECT: ACCEPT IRREVOCABLE AUTHORITY TO PAY #LG200012A REDUCING THE FAITHFUL PERFORMANCE BOND FOR TRACT 13812, LOCATED ON SOUTH SIDE OF SUMMIT AVENUE, WEST OF ETIWANDA AVENUE, SUBMITTED BY WEALTH V, LLC AND RELEASE IRREVOCABLE AUTHORITY TO PAY #SB995038 RECOMMENDATION: The required storm drain improvements for Tract 13812, have been completed in an acceptable manner, and it is recmmnended that the City Council authorize the City Clerk to release the Irrevocable Authority to Pay #SB995038 held as a Faithrid Performance Bond and accept Irrevocable Authority to pay #LG200012A. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 13812, located on the south side of Summit Avenue, west or Etixvanda Avenue, the applicant was required to complete storm drain and street improvements. The storm drain improvements bare been completed and it is recommended that City Coancil release the existing Irrevocable Authority to Pay #SB995038 aad accept the Irrevocable Authority to Pay #LG200012A to guarantee completion of the remainder of tile improvements.. Developer: Release: Accept: Wealth V, LLC 1028 Westminster Avenue Alban~bra, CA 91803 IRREVOCABLE AUTHORITY TO PAY #SB995038 $3,718,000.00 IRREVOCABLE AUTHORITY TO PAY #LG200012A $1,780,300.00 Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Is CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: Tract 13812 TITLE: Vicinity Map EXHIBIT: "A" RAN HO ENC~NEER|N(,~ CUCAMONGA DEPARTMENT March 15, 2000 ' CITY COUNCIL AGENDA HEM D-10 - ACCEPT THE HAVEN AVENUE PAVEMENT REHABILITAION PROJECT, CONTRACT NO. 99-089, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE Crl'Y ENGINEER TO FILE A NOTICE OF COMPLE"HON AND APPROVE THE FINAL CONTRACT AMOUNT OF $250,594.07 Staff request Consent Calendar Item D-10 "Approval to accept the Haven Avenue Rehabilitation Project...." Be removed from tonight's agenda due to pavement lifting in front of Chaffey College. The contractor, All American Asphalt, had agreed to make repairs, but as of this date they have not. Staff will schedule the item upon completion of this repair. WJO:dbm THE CITY I~ANCtlO OF CUCAMONGA Staff Report DATE: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer ACCEPT THE HAVEN AVENUE PAVEMENT REHABILITATION PROJECT, CONTRACT NO. 99-089, AS COMPLETE, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $250,594.07 RECOMMENDATION: It is recommended that the City Council accept the Haven Avenue Pavement Rehabilitation Project, Contract No. 99-089, as complete, authorize the City Engineer to file a Notice of Completion and authorize the release of the retention in the amount of $25,059.41,35 days after acceptance. Also, approve the final contract amount of $250,594.07. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $250,594.07. The Engineer's estimate was $465,702.88. Respectfully submitted, Will~J.~O,Ne~il~{'~ City Engineer WJO:LEH/DBM:Is Attachments q5 RANCHO CUCAMONGA /~HILLSIDE RD WILSDN AVE BANYAN ST  LEMEN AVENUE 19TH ST :~ ~,~ -- z UPI~ND \ ~ BASE LIN{ RD FOOTHILL BLV __ Project Site VICTO~ Ld I ~4TH ST _SUMMI~T ONTARIO CITY OF RANCHO CUCAMONGA HAVEN AVENUE PAVEMENT REHABILITATION FROM LEMON AVENUE TO WILSON AVENUE LOCATION MAP RESOLUTION NO. ~)~ 't} qq A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE PAVEMENT RE1 IAB1LITATION PROJECT, AS COMPLETE, RELEASE THE BONDS AND AUTHORE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Haven Avenue Pavement Rehabilitation Project, Contract No. 99-089, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certit~,ing the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby rcsolvcs. that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder ot' San Bernardino. q7 THE CITY OF I~ANCHO ClJCAMONGA StllffReport DATE: TO: FROM: BY: SURJECF: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Walt Stickney, Associate Engineer APPROVAL OF THE RESOLUTIONS APPROV1NG AND CONFIRMING THE ENGINEER'S REPORTS AND SETTING OF PUBLIC HEARING FOR MAY 3, 2000, TO LEVY THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RECOMMENDATION It is recommended that the City Council approve the Engineer's Reports and set the Public Hearing for May 3, 2000 to levy the annual assessments for Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, and 8. It is recommended there be no increase in assessment rates in these districts for Fiscal Year 2000/2001. The Engineer's Reports are on file in the City Clerk's Office. BACKGROUND/ANALYSIS It is recommended that assessment rates not be increased in any of the Landscape Maintenance Districts for the FY 2000/2001. Cucamonga County Water District is increasing the water commodity rate $0.03. However, water usage savings due to water conservation efforts that include a program to continue computerizing the irrigation systems for the entire District's maintained landscape areas is helping to keep the cost down allowing the assessment rate to be the same as the rates for FY 1999/2000. In many of the districts, back taxes have been paid with interest and penalties thereby increasing the revenue in those districts. In some districts, an increase in the amount of landscaped area to maintain has caused an increase in the amount of maintenance and operation costs. This cost will be offset by increase in revenue received from new developments in the district. In past years, any available prior year carry over was used to keep assessments below the annual assessment revenue requirements. In some districts this is still CITY COUNCIL STAFF REPORT LANDSCAPE MAINTENANCE DISTRICTS March 15, 2000 Page 2 true and has allowed _the assessment rate to remain constant. The following, along with reference to the Engineer's Reports, identifies proposed FY 2000/2001 rates. The Engineer's Reports identify the required budget for each district and any carryover used to reduce rates. A tax delinquency amount is added to each district's budget to cover anticipated delinquencies in tax payments. If the delinquencies are less than expected, funds within the district can be added to the districts fund balance. Landscape Maintenance District No. 1 - General City It is recommended that the assessment rate remain at $92.21 for the FY 2000/2001. Prior year carryover funds will be applied in the district, however they may not be available in future years. Landscape Maintenance District No. 2 -Victoria Planned Community It is recommended that the assessment rate remain at $422.00 for the FY 2000/2001. LMD #2 has the largest landscape area of any district in the City with 127.13 acres, of which 32.37 acres is parks. Prior year carry over will be applied but may not be available in the future. Landscape Maintenance District No. 3A - Hyssop It is recommended that the assessment rate remain at $413.74 for the FY 2000/2001. Landscape Maintenance District No. 3 B -Commercial/Industrial It is recommended that assessment rate remain at $352.80 per acre for the FY 2000/2001. Landscape Maintenance District No. 4 - Terra Vista It is recommended that the single family residential assessment rate remain at $252.50 for the FY 2000/2001. LMD #4 has 36.23 acres of parks. Prior year carryovers will be applied but may not be available in the future. Landscape Maintenance District No. 5- Tot Lot It is recommended that the assessment rate remain at $113.29 for the FY 2000/2001. Landscape Maintenance District No. 6 - Caryn It is recommended that the assessment rate remain at $246.97 for the FY 2000/2001. Prior year carry over will be applied but may not be available in the future. CITY COUNCIL STAFF REPORT LANDSCAPE MAINTENANCE DISTRICTS March 15, 2000 Page 3 Landscape Maintenance District No. 7 - North Etiwanda It is recommended that the assessment rate remain at $307.05 for the FY 2000/2001. Etiwanda Creek Park located on the eastside of East Avenue north of and adjacent to the Summit Intermediate School was accepted into the district in fiscal year 97/98 for maintenance of 12 acres. Landscape Maintenance District No. 8 - South Etiwanda It is recommended that the assessment rate remain at $151.45 for the FY 2000/2001. Respectfully submitted, City Engineer WJO:WS:dlw Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAiNTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED. WHEREAS, the City Council of the City of Rancho Cucamonga does hereby resolve that: WHEREAS, pursuant to the Landscape and Lighting Act of 1972, the City Engineer is required to make and file with the City Clerk of the City an annual report in writing for which assessments are to be levied and collected to pay the costs of the maintenance and/or improvement of said Landscape Maintenance Districts Nos. I, 2, 3A, 3B, 4, 5, 6, 7 and 8; and WHEREAS, the City Engineer has made an filed with the City Clerk of said City a report in writing as called for under and pursuant to said Act, which as been presented to this Council for consideration; and WHEREAS, said Council as duly considered said report and each and every part thereof and finds that each and every part of said report is sufficient and that said report, nor any part thereof, requires or should be modified in any respect. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby order as follows: That the Engineer's Estimate of itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said reports be hereby approved and confirmed. That the diagrams showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment Districts are hereby approved and confirmed. That the proposed assessments upon the subdivisions of land in said Assessment Districts in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby approved and confirmed. 4. That said report shall stand as the City Engineer's Annual Report for the fiscal year 2000/2001 for the subsequent proceedings. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part'2 of Division, 15 of the Streets and Highways Code of the State of California, does resolve as follows: Description of Work SECTION 1: That the public interest and convenience require and it is the intention of this City Council to levy and collect assessments within Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7 and 8 for the fiscal year 2000/2001 for the maintenance and operation of those parkways, parks and facilities thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of said Districts. Said maintenance and operation includes the cost and supervision of landscape maintenance (including repair, removal or replacement of all or any part of any improvement providing for illumination of the subject area) in connection with said districts. Location of Work SECTION 2: The foregoing described work is to be located within the roadway rights- of-way and easements enumerated in the report of the City Engineer and more particularly described on maps which are on file in the City Clerk's office, entitled "Assessment Diagrams Street Lighting Maintenance Districts Nos. 1,2, 3A, 3B, 4, 5, 6, 7 and 8." Description of Assessment Districts SECTION 3: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the work chargeable upon the districts, which said districts, are assessed to pay the costs and expenses thereof, and which districts are described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Landscape Maintenance District No. 1 ", "Map of Landscape Maintenance District No. 2", "Map of Landscape Maintenance District No. 3A", "Map of Landscape Maintenance District No. 3B", "Map of Landscape Maintenance District No. 4", "Map of Landscape Maintenance District No. 5", "Map of Landscape Maintenance District CITY COUNCIL RESOLUTION NO. LANDSCAPE MAINTENANCE DISTRICTS March 15, 2000 Page 2 No. 6", "Map of Landscape Maintenance District No. 7", "Map of Landscape Maintenance District No. 8", indiciiting by said boundary lines the extent of the territory included within each assessment district and which maps are on file in the office of the City Clerk of said City. Reference is hereby made to said maps for further, full and more particular description of said assessment districts, and the said maps so on file shall govem for all details as to the extent of said assessment districts. Report of Engineer SECTION 4: The City Council of said City by Resolution No.. approved the annual report of the City Engineer which report indicates the amount of the proposed assessments, the district boundaries, assessment zones, and the method of assessment. The report title "Annual Engineer's Report" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. Time and Place of Hearing SECTION 5: Notice is hereby given that a Public Hearing is hereby scheduled in the Civic Center Council Chambers, 10500 Civic Center Drive, City of Rancho Cucamonga, California, 91730. WEDNESDAY, MAY 3, 2000 AT 7:00 P.M. Any and all persons may appear and show cause why said maintenance and service for the existing improvements and the proposed improvements should not be done or carded out or why assessments should not be levied and collected for fiscal year 2000/2001. Landscaping and Lighting Act of 1972 SECTION 6: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of Califomia designated as the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of Califomia. Publication of Resolution of Intention SECTION 7: Published notice shall be made pursuant to Section 6061 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. TH CITY I~ANCIIO OF CUCAMONGA SmffRel rt DATE: TO: FROM: BY: SUBJECt: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Walt Stickney, Associate Engineer APPROVAL OF THE RESOLUTIONS APPROVING AND CONFIRMING THE ENGINEER'S REPORTS AND SEEING OF PUBLIC HEARING FOR MAY 3, 2000, TO LEVY THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, 8. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RECOMMENDATION It is recommended that the City Council approve the Engineer's Reports and set the Public Hearing for May 3, 2000 to levy the annual assessments for Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7, and 8. It is recommended there be no increase in assessment rates in these districts for Fiscal Year 2000/2001. The Engineer's Reports are on file in the City Clerk's Office. BACKGROUND/ANALYSIS Below is an itemized analysis on a district by district basis. To summarize, the assessment rates for all eight Street Lighting Maintenance Districts are not recommended to be increased this fiscal year. These assessments cover the actual costs of the districts. The Southern Califomia Edison electric rate is expected to remain stable for the 2000/2001 fiscal year. At present, each district is able to stand on its own without additional funding from other sources. In some districts, there is an increase in the number of street lights maintained. However, these will not effect the assessment rate at this time. Edison charges for traffic signals are also included in the applicable districts. In addition, Operations and Maintenance charges for traffic signals will also be bome by the applicable districts. In past years any available prior year carryover was used to keep assessments below the annual assessment revenue requirements. This policy continues for the FY 2000/2001 and will allow the assessment rates to remain stable. The following, in CITY COUNCIL STAFF REPORT STREET LIGHTING MAINTENANCE DISTRICTS March 15, 2000 Page 2 conjunction with reference to the Engineer's Reports, identifies proposed FY 2000/2001 rates which are not recommended for an increase from the FY 1999/2000 rates. The Engineer's Reports identify the required budget for each district and any carryover used to offset maintenance costs. The assessment rate for each Street Lighting Maintenance District is as follows: Street Lighting Maintenance District Assessment Rate per Assessment Unit SLMD # 1 - Arterial $17.77 SLMD #2 - Local $39.97 SLMD #3 - Victoria Planned Community $47.15 SLMD #4 - Terra Vista Planned Community $28.96 SLMD #5 - Caryn Planned Community $34.60 SLMD #6 - Commercial/Industrial $51.40 SLMD #7 - North Etiwanda $33.32 SLMD #8 - South Etiwanda $193.75 * This proposed rate is higher than the average lighting district due to a disproportionate number of street lights to assessment units. Respectfully submitted, William J. O'Neil City Engineer WJO:WS:dlw Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED. WHEREAS, the City Council of the City of Rancho Cucamonga does hereby resolve that: WHEREAS, pursuant to the Landscape and Lighting Act of 1972, the City Engineer is required to make and file with the City Clerk of the City an annual report in writing for which assessments are to be levied and collected to pay the costs of the maintenance and/or improvement of said Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7 and 8; and WHEREAS, the City Engineer has made an filed with the City Clerk of said City a report in writing as called for under and pursuant to said Act, which as been presented to this Council for consideration; and WHEREAS, said Council as duly considered said report and each and every part thereof and finds that each and every part of said report is sufficient and that said report, nor any part thereof, requires or should be modified in any respect. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby order as follows: That the Engineer's Estimate of itemized costs and expenses of said ~vork and of the incidental expenses in connection therewith, contained in said reports be hereby approved and confirmed. That the diagrams showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment Districts are hereby approved and confirmed. That the proposed assessments upon the subdivisions of land in said Assessment Districts in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby approved and confirmed. 4. That said report shall stand as the City Engineer's Annual Report for the fiscal year 2000/2001 for the subsequent proceedings. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING' ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part'2 of Division 15 of the Streets and Highways Code of the State of California, does resolve as follows: Description of Work SECTION 1: That the public interest and convenience require and it is the intention of this City Council to levy and collect assessments within Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7 and 8 for the fiscal year 2000/2001 for the maintenance and operation of those street lights, traffic signals and facilities thereon dedicated for common purposes by deed or recorded subdivision tract map within the boundaries of said Districts. Said maintenance and operation includes the cost and supervision of street lighting maintenance (including repair, removal or replacement of all or any pan of any improvement providing for illumination of the subject area) in connection with said districts. Location of Work SECTION 2: The foregoing described work is to be located within the roadway rights- of-way and easements enumerated in the report of the City Engineer and more particularly described on maps which are on file in the City Clerk's office, entitled "Assessment Diagrams Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7 and 8." Description of Assessment Districts SECTION 3: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the work chargeable upon the districts, which said districts, are assessed to pay the costs and expenses thereof, and which districts are described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Street Lighting Maintenance District No. 1", "Map of Street Lighting Maintenance District No. 2", "Map of Street Lighting Maintenance District No. 3", "Map of Street Lighting Maintenance District No. 4", "Map of Street Lighting Maintenance District No. 5", "Map of Street Lighting Maintenance District No. 6", "Map of CITY COUNCIL RESOLUTION NO. LANDSCAPE MAINTENANCE DISTRICTS March 15, 2000 Page 2 Street Lighting Maintenance District No. 7", "Map of Street Lighting Maintenance District No. 8", indicating by said boundary lines the extent of the territory included within each assessment district and which maps are on file in the office of the City Clerk of said City. Reference is hereby made to said maps for further, full and more particular description of said assessment districts, and the said maps so on file shall govern for all details as to the extent of said assessment districts. Report of Engineer SECTION 4: The City Council of said City by Resolution No.. approved the annual report of the City Engineer which report indicates the mount of the proposed assessments, the district boundaries, assessment zones, and the method of assessment. The report title "Annual Engineer's Report" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. Time and Place of Hearing SECTION 5: Notice is hereby given that a Public Hearing is hereby scheduled in the Civic Center Council Chambers, 10500 Civic Center Drive, City of Rancho Cucamonga, Califomia, 91730. WEDNESDAY, MAY 3, 2000 AT 7:00 P.M. Any and all persons may appear and show cause why said maintenance and service for the existing improvements and the proposed improvements should not be done or carried out or why assessments should not be levied and collected for fiscal year 2000/2001. Landscaping and Lighting Act of 1972 SECTION 6: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated as the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California. Publication of Resolution of Intention SECTION 7: Published notice shall be made pursuant to Section 6061 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the heating, at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. OF CUCAMONGA StaffRe rt DATE: TO: FROM: BY: SUBJECt: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Walt Stickney, Associate Engineer APPROVAL OF THE RESOLUTIONS APPROVING AND CONFIRMING THE ENGINEER'S REPORTS AND SETTING OF PUBLIC HEARING FOR MAY 3, 2000, TO LEVY THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RECOMMENDATION It is recommended that the City Council approve the Engineer's Reports and set the Public Hearing for May 3, 2000 to levy the annual assessments and approve the Annual Engineer's Reports for the Park and Recreation Improvement District (PD-85). It is recommended there be no increase in assessment rates in these districts for Fiscal Year 2000/2001. The Engineer's Reports are on file in the City Clerk's Office. BACKGROUND/ANALYSIS This Park and Recreation Improvement District was created to provide funds to finance the cost of construction, maintenance, operation and debt payment of Heritage Community Park and Red Hill Community Park. Heritage Community Park is a 40 acre facility located on the southwest comer of Hillside Road and Beryl Street. Red Hill Community Park is 42 acres and is located on the southwest comer of Base Line Road and Vineyard Avenue. The district boundary includes all of the City of Rancho Cucamonga with the general exception of land east of the Deer Creek Channel and the Victoria and Terra Vista Planned Communities. Pursuant to the Landscape and Lighting Act of 1972, each year the City Council must adopt resolutions, giving approval of the Engineer's Report and declaring its intention to levy and collect assessments for FY 2000/2001. The assessment rate increased from $35.00 to $52.00 CITY COUNCIL STAFF REPORT PARK AND RECREATION IMPROVEMENT DISTRICT March 15, 2000 Page 2 during the 1991/92 Fiscal Year, this rate is to remain at $52.00 for the 2000/2001 Fiscal Year. Assessments for PD-85 will be levied according to the following schedule: Definition Assessment per Parcel Single Family Residemial Less than 1.50 acres 1.51 acres to 3.50 3.51 acres to 7.00 acres 7.01 acres to 14.00 acres 14.01 acres to 25.00 acres 25.01 acres and Larger $52.00 $26.00 $78.00 $182.00 $364.00 $728.00 $1,300.00' Respectfully submit.ted, City Engineer WJO:WS:dlw Attachments SOLU IONNO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED. WHEREAS, the City Council of the City of Rancho Cucamonga does hereby resolve that: WHEREAS, pursuant to the Landscape and Lighting Act of 1972, the City Engineer is required to make and file with the City Clerk of the City an annual report in writing for which assessments are to be levied and collected to pay the costs of the maintenance and/or improvement of said Park and Recreation Improvement District (PD-85); and WHEREAS, the City Engineer has made an filed with the City Clerk of said City a report in writing as called for under and pursuant to said Act, which as been presented to this Council for consideration; and WHEREAS, said Council as duly considered said report and each and every part thereof and finds that each and every part of said report is sufficient and that said report, nor any part thereof, requires or should be modified in any respect. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby order as follows: That the Engineer's Estimate of itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said reports be hereby approved and contimed. That the diagrams showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment Districts are hereby approved and confirmed. That the proposed assessments upon the subdivisions of land in said Assessment Districts in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby approved and contimed. 4. That said report shall stand as the City Engineer's Annual Report for the fiscal year 2000/2001 for the subsequent proceedings. RESOLUT ONNO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85), FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; 'AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Parr2 of Division 15 of the Streets and Highways Code of the State of California, does resolve as follows: Description of Work SECTION 1: That the public interest and convenience require and it is the intention of this City Council to levy and collect assessments within Park and Recreation Improvement District (PD-85) for the fiscal year 2000/2001 for the maintenance and operation and debt service payment of Red Hill Community Park and Heritage Community Park thereon dedicated for common park purposes by deed or recorded subdivision tract map within the boundaries of said Districts. Said maintenance and operation includes the cost and supervision of landscape maintenance (including repair, removal or replacement of all or any part of any improvement providing for illumination of the subject area) in connection with said district. Location of Work SECTION 2: The foregoing described work is to be located within the Red Hill Community Park and Heritage Community Park enumerated in the report of the City Engineer and described on maps which are on file in the City Clerk's office, entitled "Assessment Diagrams Park and Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8 and PD-85." Description of Assessment Districts SECTION 3: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the work chargeable upon the districts, which said districts, are assessed to pay the costs and expenses thereof, and which districts are described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Park and Recreation Improvement District (PD- 85), indicating by said boundary lines the extent of the territory included within each assessment district and which maps are on file in the office of the City Clerk of said City. CITY COUNCIL RESOLUTION NO. PARK AND RECREATION IMPROVEMENT DISTRICT March 15, 2000 Page 2 Reference is hereby made to said maps for further, full and more particular description of said assessment districts, and the said maps so on file shall govern for all details as to the extent of said assessment districts. Report of Engineer SECTION 4: The City Council of said City by Resolution No. approved the annual report of the City Engineer which report indicates the amount of the proposed assessments, the district boundaries, assessment zones, and the method of assessment. The report title "Annual Engineer's Report" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. Time and Place of Hearing SECTION 5: Notice is hereby given that a Public Hearing is hereby scheduled in the Civic Center Council Chambers, 10500 Civic Center Drive, City of Rancho Cucamonga, Califomia, 91730. WEDNESDAY, MAY 3, 2000 AT 7:00 P.M. Any and all persons may appear and show cause why said maintenance and service for the existing improvements and the proposed improvements should not be done or carried out or why assessments should not be levied and collected for fiscal year 2000/2001. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. Landscaping and Lighting Act of 1972 SECTION 6: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of Califomia designated as the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California. CITY COUNCIL RESOLUTION NO. PARK AND RECREATION IMPROVEMENT DISTRICT March 15, 2000 Page 3 Publication of Resolution of Intention SECTION 7: Published notice shall be made pursuant to Section 6061 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in the Inland Valley Daily Bulletin, a newspaper of general cimulation published in the City of Ontario, Califomia, and circulated in the City of Rancho Cucamonga, Califomia. C H O CUCAMONGA ENGXNEERXNG DEPARTMENT CI StllffReport DATE: TO: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: SUBJECT: William J. O'Neii, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL AND EXECUTION OF LICENSE AND COVENANT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND GENERAL DYNAMICS PROPERTIES, INC. FOR CITY'S TEMPORARY USE OF GENERAL DYNAMICS PROPERTIES, INC. PROPERTY FOR A TEMPORARY PARKING LOT DURING CONSTRUCTION OF PHASE II, PARKING LOT EXPANSION AT THE CITY'S METROLINK STATION, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND THE AT&SF RECOMMENDATION: It is hereby recommended that the City Council approve and execute the attached License and Covenant Agreement between the City of Rancho Cucamonga and General Dynamics Properties, Inc., for the City's temporary use of a portion of General Dynamics' property as a temporary parking lot during construction of Phase II, parking lot expansion at the City's Metrolink Station. BACKGROUND/ANALYSIS: Soon after the first phase of the Metrolink Station was constructed, demand for the facility increased rapidly. Soon the Phase I parkinglot was completely full with overflow vehicles utilizing a dirt area set aside for the Phase II parking lot. It is estimated that approximately 200 vehicles park on this dirt lot daily. In order to provide parking for these overflow vehicles during construction of Phase II, staff has reached an agreement with General Dynamics Properties, Inc. to use a portion of their property for temporary parking. The agreement will be for a limited duration during construction of Phase II Metrolink expansion, and General Dynamics has waived rental fees for temporary use of their property. CITY COUNCIL STAFF REPORT METROLINK LICENSE AGREEMENT March 15, 2000 Page 2 Use of this temporary parking facility will not only provide space for overflow vehicles from the Phase I parking lot, but also assist the Contractor in construction of the Phase II lot, since all vehicles would be removed from the Phase II work area. Otherwise, the new lot would have to be constructed in phases to accommodate the overflow parking. The temporary lot is proposed to be located just south of the existing improved lot. The temporary lot area will be cleared, graded to drain, compacted and a gravel-wearing surface will be placed on existing compacted earth. The lot will be'fenced and lit with temporary safety "flood type" lighting. When the Phase II parking lot is completed, temporary fencing, lighting and wearing surface will be removed. Respectively submitted, William J. O'Neil City Engineer WJO:MO:sd Attachment . e illiHlillllllilllllllllllillllllUItllnllllliL~ \ \ ~{.T.S. \ NEW pARKING 700 SPACES (APPROX.) & EXTEND SOUTH LOADING pLATFORM METROLINK STATION EXPANSION, PHASE II EXPAND PARKING LOT AND EXTEND SOUTH LOADING PLATFORM RANClIO CITY OF CUCAMONGA Staff Report DATE: TO: FROM: BY: March 15, 2000 Mayor and Members of the City Council Jack Lam, AICP. City Manager William J. O'Neil, City Engineer AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $7,740,172.28 ($7,036,520.25 PLUS 10%) FOR THE CONSTRUCTION OF THE FOOTHILL BOULEVARD MEDIANS PHASE II FROM 600 FEET WEST OF HERMOSA AVENUE TO HAVEN AVENUE, DEER CREEK CHANNEL BRIDGE WIDENING, FOOTHILL/HERMOSA STORM DRAIN AND HERMOSA AVENUE STREET WIDENING PROJECT TO THE APPARENT LOW BIDDER, KEC ENGINEERING, TO BE FUNDED FROM ACCOUNT NOS. 32-4637-9824, 22-4637-8833, 22-4637-9920, 12-4637- 9610 and 74-4225-7044 (RE: ALSO FUNDED BY RDA ACCOUNT NOS. 15- 51000, 10-51900 AND APPROPRIATIONS FROM ECONOMIC DEVELOPMENT RESERVES). RECOMMENDATION It is recommended that the City Council award and authorize for execution the contract for the construction of the Foothill Boulevard Medians Phase II from 600 feet west of Hermosa Avenue to Haven Avenue, Deer Creek Channel Bridge widening, Foothill/Hermosa storm drain and Hermosa Avenue street widening project to the apparent low bidder, KEC Engineering, to be funded from Account Nos. 32-4637-9824, 22-4637-8833, 22-463~i9920, 12-4637-9610 and 74-4225-7044 (re: also funded by RDA Account Nos. 1',5-51000 10-51900 and appropriations from Economic Development Reserves).: BACKGROUND/ANALYSIS The Foothill Boulevard Median Improvements Phase II, Deer Creek Channel Bridge Widening and Storm Drain Project is a joint venture with Caltrans, San Bernardino CITYCOUNCIL STAFF REPORT FOOTHILL BOULEVARD MEDIANS PHASE II March 15,2000 Page 2 County and the City of Rancho Cucamonga. The multi-phase project was combined into a single unit for coordination and cost saving in construction purposes. As part of this project, an agreement was recently approved with the City Redevelopment Agency and San Bernardino County Flood Control District for shared expenses for the storm drain portion. The construction project will include installing a landscape median island along Foothill Boulevard, widening the Deer Creek Bridge Structure to the ultimate width on Foothill Boulevard, installing a Master Plan Drainage System from Deer Creek Channel to the Church Street Basin, installing a new Traffic Signal at Center Avenue and Foothill Boulevard and modifying the existing traffic signal at Hermosa Avenue and Foothill Boulevard to the ultimate location. Phase I of the Foothill Boulevard Median Landscape is nearing completion and a smooth transition into Phase II is expected. When completed, the project will enhance the safety for vehicles traveling along Foothill Boulevard and eliminate the flooding and property damage along Hermosa Avenue near Foothill Boulevard, as well as provide beauti~cation with landscape to the medians along Foothill Boulevard. Per previous Council action, bids were solicited, received and opened on January 11, 2000 for the subject project. The Engineer's estimate was $6,800,000.00. Staff has reviewed all bids receive, d and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the reg,u. irements of the bid documents. Respectfully submitted, ~ William J. O'Neil City Engineer Attachment N.T.S. ~ BASEUNE ROAD ; . , ~"~ "0""" "~ ~:~'  ~ CAN~'WOOD Z ST~ ' ~ ~ .. ~AvF_. ~ ~s' , Z '· I~. . cHuRcH.,. oo 1..1 BL .· 'FOOTHILL . BLVD.. P%~-E:C'I' ~: ~'~ "~ "' , ARROW ROUTE OUTE FOOTHILL BOULEVARD (SR-66) MEDIAN IMPROVEMENTS, DEER CREEK CHANNEL BRIDGE WIDENING AND STORM DRAIN PROJECT, PHASE 2 FROM JUST WEST OF HERMOSA AVENUE TO HAVEN AVENUE CITY OF RANCHO CUCAMONGA VICINITY MAP RANCHO CUCAMONGA COMMUNITY SERVICES Staff Report TO: FROM: BY: DATE: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager Rick Gomez, Community Development Director Kevin McArdle, Community Services Director Karen Mc-Guire Emery, Senior Park Planner Paula Pachon, Management Analyst II March 15, 2000 PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE Central Park: · The Task Force met on February 15th and was provided with an update on the Central Park project. West Greenway Park: · Arbor Day is scheduled for Monday March 13th, at 12:00 p.m. Two classes from Coyote Canyon School will participate. Epicenter: · Coppas Films completed filming at the Epicenter for Major League Baseball promotional shots. Golden Oak Park: · Construction of the park is approximately 90 percent complete. Barring weather delays, it is estimated that the park will be ready to open to the public in late spring. 7/ CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 2 Mountain View Park: · The Park is under construction by Kaufman and Broad. Barring weather delays, the park should be opened to the public in early summer. Lions East Community Center: · Access systems have been tested and are scheduled to come online March 9th . Lions West Community Center: · Carpeting for the Filippi Room is scheduled for installation the weekend of March 31st. · Access systems have been tested and are scheduled to come online March 9t" . Rancho Cucamonga Family Sports Center: · New carpet for the Jazzercise room was installed on February 6, 2000. · Men's restroom tile was installed and the plumber is scheduled to re-install the toilets. Rancho Cucamonga Senior Center: · Marshall Plumbing was called out to inspect a leak coming from the dishwasher. The leak was located and a damaged section of dry wall will be replaced. Red Hill Park: · Field staff worked with Target Chemical (pesticide vendor) to reserve a portion of Red Hill Park for a March "Field Day" to educate others from local municipalities regarding chemical usage in park settings. A wide variety of Turf weed control products will be discussed along with visits to plots where tests and controls are displayed. We have had this "Field Day" hosted by Target twice before. Demens Trail Connection: · Engineering staff is preparing the construction plans for the extension of the Demens Regional Trail around the basin, connecting it with the trail along Amethyst. Tot Lot Renovation Projects: · Phase II of the tot lot renovation project has been completed. Tot Lots at West Greenway, Windrows, Vintage and Church Street Parks are now up and operational. Some minor punch list items are scheduled for repair on Monday, March 6, 2000. The remaining items on the punch list will be completed, pending shipment of parts. B. COMMUNITY SERVICES UPDATE ~niors: Mardi Gras was celebrated at the Senior Center on March 7t" at 10:00 a.m. You would have thought that you were in the middle of New Orleans as we celebrated with magic, dancing and tasty Cajon refreshments. Entertainment featured magicians and belly dancers. Refreshments and souvenirs were provided. · St. Patrick's Day Party, Friday, March 17~ at 10:15 a.m. Bring your friends and good cheer as we gather for some good old Irish fun. Don't forget to wear the color green. CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 3 Entertainment will be provided by Joe Mannino, singing old Irish favorites. There will also be refreshments, games and a lot of fun. Plans are currently underway for the Senior Center's participation in the 11t" Annual Golden Follies Talent Showcase, held Saturday, March 26t~ from 2:00 to 4:00 p.m. at the Montclair Community Center. This senior citizen talent show features individuals and groups representing the cities Chino, Montclair, Ontario, Rancho Cucamonga and Upland performing song, dance, instrumental and novelty acts. Magicians Art Guild in Cucamonga (MAGIC) will represent our City at the event. Tickets are now on sale at the Senior Center for $2.00 each. The 6t~ Annual Senior Fine Art Show will be held at the Senior Center on Saturday, April 1st from 10:00 a.m. to 5:00 p.m. This is a non-juried art competition featuring high quality oil/acrylic, watercolor/pastel, mixed media, sculpture, photography and graphite. Participation in the show is open to all seniors age 50 and over. The show includes art works, demonstrations, refreshments and entertainment. A new 5-week Tole/Decoration Art class began on Monday, March 13th and is offered weekly from 1:00 - 3:00 p.m. Decorate your home, give a personal gift and just be pleased as punch, because "you did it!" This is one of many art and cultural classes available to seniors. Other classes include Ceramics, Oil Painting, Crafty Seniors, Knitting and Crocheting, Drawing, Calligraphy, Photography, Senior Chorale and an Actor's Workshop. · The Senior Advisory Committee will hold its next regular meeting on Monday, March 27~h at 9:00 a.m. at the Senior Center. · The daily lunch program will not be held on March 24th, 27th, & 28th, due to necessary repairs in the kitchen. Human SeNices: A unique Gas Pumpin¢l Pro.Gram to assist seniors 60 and over was introduced by the Senior Advisory Committee in early February at nine Rancho Cucamonga service stations. The program is administered through the Senior Center. In the first 3 weeks of the program nearly one hundred (100) seniors have registered. Tax Assistance is being offered at the Senior Center on Tuesdays from 9:00 a.m. until 1:00 p.m. through April 11t" . Once again this year trained AARP tax preparers will be available at the Senior Center to help prepare tax forms. Pre-registration is required at the Senior Center. · The Arthritis Foundation is sponsoring an important seven-week free program on FibromvalGia at the Senior Center. This program will continue through March 21"t . The Senior Transportation ProGram celebrated its first anniversary in mid-February. The program continues to grow with an average of one hundred fourteen (114) passenger rides and fifty-seven (57) seniors weekly through last December. Over one hundred (100+) CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 4 seniors have registered for this program. This project has been very efficient and has been well utilized by the seniors. Health Screenin.q, Tuesday, March 14, 9:00 a.m. - 12 noon. Nurses from the San Bernardino County Department of Public Health were at the Senior Center to conduct monthly health assessments for those senior citizens age 60 and over. Trips and Tours: Coronado Island and the Hotel Del Coronado, March 22"d . Enjoy a scenic tdp to San Diego with crashing surf to one side of the road and hillsides covered with wildflowers on the other. Once in San Diego lunch will be provided at Bay Beach Caf6. After lunch there will be time to browse through the multitude of shops on the island before a visit to the world famous Hotel Del Coronado. (Seats are still available.) Lancaster PopDv Festival, April 15th. See the hills ablaze in a fiery orange when the California Poppy Reserve bursts into full bloom. The tour begins with a stop at the popular Poppy Festival in Lancaster. Enjoy over 200 craft and food vendors, live music and fascinating displays. The afternoon will be spent at the Poppy fields. (Seats are still available.) Getty Center, May 16t" . Visit this world famous museum and gardens, featuring spectacular architecture and views of the histodc Sepulveda Pass. At the Museum you will see paintings by many of the most familiar masters such as Rembrandt, Goya, Monet, and C~zanne, to name a few. A very special day to remember. (Seats are still available.) Temecula Valley Winery Tour, May 20t" . Imagine rolling hills covered with vineyards and views that reach to the mountains. The first stop of the trip is at the Mt. Palomar Winery where you will embark on a guided tour and lunch at Texas Lil's. A stop will be made in Old Temecula to poke through the antique shops. (Seats are still available.) Volunteers: · The table below summarizes departmental usage of volunteers for the month of January 2000. Administration 5 10 $ 140 Sports 250 944 $13,216 Senior & Human Services 48 139 $ 1,946 Special Events 7 14 $ 196 Youth Programs 38 174 $ 2,436 Total 348 1,281 $17,934 · Staff is currently in the process of preparing for the Citywide Volunteer RecoQnition ProGram that will take place on April 9t~ at the Doubletree Hotel, CiTY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 5 Teens: The Teen Center hosted a fabulous Valentines Dance at Lions Center West on February 12t". Over two hundred (200+) teens attended. The Teen Recreation Activity Club (TRAC) held a very special joint program with the Seniors for Valentines Day. A special luncheon was prepared and served by the TRAC members and the teens visited and even danced with the seniors at the senior center. Grapevine: The Spring Issue of the Grapevine was distributed to residents at the end of February. The cover featured the new May event, the Art and Jazz Festival (part of the Festival 2000 Family Entertainment Series at the Epicenter). The feature story highlighted information about the entire Family Entertainment Series. The summer issue begins production in March and will be ready to mail to residents in mid-May. The cover will highlight the City's new 4th of July Fireworks Show. CPRS Conference: The California and Pacific Southwest Recreation and Traininq Conference is being held March 15th - 18t~ in Ontario. Community Services staff, working with the City of Ontario, has done an outstanding job hosting the conference which will draw 2,000 delegates, over 200 vendors in the exhibit hall and 300 volunteers. This is the first time that the conference will be held in Ontario. Youth Sports: · The Sports Advisorv Committee will meet on April 12 at 7:00 p.m. at the Civic Center. Field request materials for the Fall/VVinter season 2000/2001 are due at that time. Youth Track and Field begins the week of March 20th for practices. Practices will take place at Ruth Musser Middle School. The track meet will take place on April 29, 2000. at Rancho Cucamonga High School. Youth Basketball Camp takes place the week of April 10 -14. Boys and girls ages 6-17 may participate. The camp will take place at the RC Family Sports Center. Two sessions will be offered: 8 a.m.- 12 p.m. (6-11 year olds) and 1 p.m. - 5 p.m. (12-17 year olds). · The table below summarizes youth sports activities for the reporting period: CI1~' COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 6 RC Family Sports Center: · Activities at the Sports Center for the reporting period are summarized in the table below: Racquetball Leagues 19 3-on-3 Basketball 40 Full Court Basketball 90 Co-ed Volleyball 64 Indoor Volleyball 27 Adult/Male Adult/Male Adult/Male Adult/Male & Female Youth/Girls 1 single; 1 double league 8 teams 9 teams 8 teams 3 teams The table below provides drop-in/oPen Play participation at the R.C. Family Sports Center for the month of February 2000. Adult Basketball 1,126 Youth Basketball 1,219 Adult Racquetball 634 Youth Racquetball 76 Adult Volleyball 101 Youth Volleyball 115 Adult Sports: · The table below summarizes adult sports participation during the reporting period. Softball Leagues 336 Adult/Male &Female 146 teams Flag Football 176 Adult/Male 22 teams 6-Aside Soccer 280 Adult/Male &Female 28 teams Full Field Soccer 378 Adult/Male &Female 21 teams Tennis Leagues 29 Adult/Male &Female 3 leagues Rancho Cucamonga Performing Arts Academy: The partnership between the City and Lewis Retail Centers that brought to life the Rancho Cucamoncla Performinq Arts Academy ended on March 3rd. As a team the City and Lewis were successful at offering innovative and exciting performing arts programs for Rancho Cucamonga families and residents of the surrounding region. Nearly one thousand (1,000) community members participated in over one hundred (100+) classes, workshops, productions and performances through the Rancho Cucamonga Performing Arts Academy. CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 7 The Academy's programs have included a wide range of activities including: · Encore Entertainment Creative Theatre Workshops · Vocal Expression and Performance Workshops · The Actor's Workshop · Film and Television Workshops · The Talent Connection Commercial Workshops · Theatre Production Workshops · Musical Theatre Workshops · Tiny Tunes (song and dance for tiny tots) Classes · Prestigious Players (an actors workshop for seniors age 55+) · Dance Production and Performance Workshops Performances at the Academy have included: · Joey and Maria's Comedy Italian Wedding (a Dillstar Production) · Shakespeare: As You'd Like Him (an Expression of Youth and Starlight Productions production) · Teen Fine Art Show · A Comedy Night and Taste of the Town · Rancho Cucamonga Community Foundation Mixer and preview performance of Ebeneezer · Ebeneezer (a Starlight Productions production) · American Cowboy and Native Dancer's Show · King Arthur's Court · A Comedy Night · Rancho Cucamonga Community Foundation New Orleans Style Monte Carlo Night In addition to our programs and performances, the partnership also extended to the production of a Holiday Extravaganza Tree Lighting Ceremony at the Terra Vista Town Center and a community celebration commemorating the opening of a freeway bridge bring built as part of the Foothill Freeway expansion project, The Rancho Cucamonga Performing Arts Academy and the partnership between the City and Lewis Retail Centers had a profound impact on the residents of Rancho Cucamonga and the surrounding communities. Not only did the Academy enrich the lives of so many who participated in its programs but perhaps most importantly the Academy has given hope that community theatre is alive and well in Rancho Cucamonga. An award submittal application has been submitted to the League of California Cities for their Helen Putman Award for Excellence for the public/private partnership of the Rancho Cucamonga Performing Arts Academy. Staff will keep the Council apprised of the outcome of our application. The Performing Arts Academy workshops will be moved to Lions West for the upcoming spring session, beginning April 3rd through June 7th, 2000. These workshops have been very successful and very well received by the students and the community. The workshops that will be offered include the Tiny Tunes (song and dance class) for 31/2 to 4 years of age, the Talent Connection Commercial Workshop for ages 5 to 13 years of age, Dance 77 CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 8 Production and Performance Workshop for youngsters ages 6 to 13, and a Vocal Expression and Performance Workshop for all ages. Each workshop will meet once a week for a 5-week session, City-wide Special Events: The Community Services Department and Northtown Housing Development Corporation will be hosting the annual Cinco de Mayo Celebration on Saturday, May 6, 2000, at Old Town Park from 11 a.m. to 5 p.m. The event team is in the process of contracting the entertainment, food and rides. Because the Cinco de Mayo celebration is more of a neighborhood event, staff is talking with the Corporation about their assuming more of a lead role in the production of this event in future years. The Art and Jazz Fest 2000 (a part of the Family Entertainment Series at the Epicenter) is scheduled for the second Saturday in May, (May 13t~) the day before Mother~s Day, and has taken the place of our department's traditional Art in the Park event at Red Hill Community Park. The Art and Jazz Fest 200 is a free event filled with fine art displays, handmade crafts and a variety of jazz music. Day long entertainment will include a variety of local jazz bands including: Etiwanda Junior High School band, Alta Loma High School Jazz band, Chaffey College Jazz ensemble, The Art of Sax and NUANCE. Youngsters will be able to enjoy creating their own unique craft under the supervision of City staff at the Kid Krafts area while their parents browse through the exhibits and vendors. There will be food vendors selling a variety of food and drinks, Our local Joseph Filippi Winery will provide wine tasting in the pavilion from 11 a.m. to 6 p.m. Dem Brooklyn Bums and Royal Crown Revue will present a free evening jazz concert in the stadium starting at 6:00 p.m. Facilities: Heritaae Park Equestrian Center - There are two events scheduled to take place during the reporting period. The RSET Schooling Dressage will utilize the facility on Sunday, March 12t~, 2000,from 8 a.m. to 5 p,m. and the RSET Easter Playday show is scheduled to be held on Sunday, April 8t", 2000 from 8 a.m. to 5 p.m. Both Lions East Community Center and the Rancho Cucamoncla Senior Center will have representatives from the Census Bureau at their facilities daily during the month of March, Representatives will be on hand to answer questions the public may have concerning the Census or their Census forms, Park Reservations: It's that time of year again. Park reservations are picking up and are keeping staff quite busy. Residents can reserve parks four months in advance and they are taking advantage of this benefit. Recently, we have had to refund a few individuals because of the rain. Now that we charge for the use of the picnic shelters, this is a new issue that staff is addressing. The park monitors are handling concerns regarding moon bounces in our parks and are informing the public that bounces are allowed only in the reservable parks (Red Hill Community Park, Heritage Community Park, Hermosa Park and Coyote Canyon Park). CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 9 Other issues that the park monitors have assisted in handling include: alcohol in the park, leash law violations, graffiti and providing information to skaters at our skate facility about the importance of wearing safety gear. The public has informed staff that the presence of the monitors in our parks seven days a week is greatly appreciated · Park and Recreation Commission: The following items were discussed/acted upon at the Park and Recreation Commission's February 17, 2000 meeting: · Update and establishment of future agenda items for the Senior Advisory Committee. · Update and establishment of future agenda items for the Sports Advisory Committee. · Consideration and discussion of the recommendation from the Senior Advisory Committee on the Senior Center development. · Discussion regarding policy for installation of scoreboards at City park sports fields. · Review and discussion on policy to establish proof of residency requirements for classes and programs. · Review of events and highlights for the California and Pacific Southwest Park and Recreation Training Conference - March 15-18, 2000. · Consideration and discussion regarding waiver of March 16, 2000, Park and Recreation Commission meeting. · Review of Fund 20. · Discussion regarding possible uses of Fund 20 budget for Fiscal Year 2000-2001. · Discussion regarding acceptable requirements for permitting youth sports at the Epicenter Stadium and recommendation to City Council for local high schools games to be held at the Stadium for a one-year trial period. · Update on Central Park Task Force. · Update on General Plan Task Force. · Update on Community Foundation. · Update on Trails, Sports and Senior Advisory Committees. · Update on Census 2000 Committee. Rancho Cucamonga Community Foundation: · The following items are agendized to be discussed at the Rancho Cucamon.cla Community Foundation's March 14, 2000, meeting: · Evaluation of New Orleans Style Monte Carlo Night held on February 26, 2000. · Discussion regarding Founder's Night Gala. · Discussion regarding formation of Founder's Night Gala Ambassador's group to assist with the event. · Consideration of a Foundation work plan. CITY COUNCIL PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE MARCH 15, 2000 PAGE 10 Rancho Cucamonga Epicenter: · Staff is talking with 20t~ Centun/Fox regarding a potential filming at the Epicenter for an evening film shoot some time at the end of March or first of April. The project would be a film entitled Sherman's March. · Staff has met with Etiwanda HiGh School and Rancho CucamonGa HiGh School to discuss plans for their upcoming (June 14t" and June 15t~) graduations at the Epicenter. · Abundance Living Church in Rancho Cucamonga is interested in doing an Easter Sunrise Service at the Epicenter on April 23rd. · The California Association of School Transportation Officials' School Bus Roadeo is scheduled to take place at the Epicenter Expanded parking lot on March 25t" (move-in date: March 24t~ ). · Staff has met with representatives of Lundstrom Ministries. This organization is interested in holding a four-day celebration at the Epicenter at the end of July. · Staff will be meeting soon with Hillside Community Church to begin coordination of their 2"d Annual Soapbox Derby and Mega-Play Day event that is scheduled for May 29~ (move in date: May 28th) at the Adult Sports Complex. City Council approved a co-sponsorship and full waiver of fees and charges for this event at their March 1, 2000, meeting. Respectfully submitted, R,ck C ,prnunity Devel ment Director I:~COMMSERV~Councii&Boards~Ci~yCounciAStaffRepofts~update3. 15.00. doc Community Services Director