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2000/09/06 - Agenda Packet
City Council Agenda September 6, 2000 1 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 1. Roll Call: Alexander Biane Curatalo Dutton , and Williams .~ B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of a Proclamation commending the Rancho Cucamonga Eagles 16 and Under Baseball Team on its United States Amateur Baseball Federation World Series Championship. 2. Presentation of a Plaque recognizing the Rancho Cucamonga Fire District's support of the Fire Technology Program sponsored by the Baldy View Regional Occupational Program. 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. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: July 19, 2000 (Special/Adjourned Joint Meeting) August 16, 2000 2. Approval of Warrants, Register Nos. 8/9/00, 8/16/00, 8/23/00 and Payroll ending 8/13~00, for the total amount of $5,235,163.36. 3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Lower Hermosa Avenue Storm Drain and Street Widening Improvements - Phase I, to be funded with Redevelepment Agency Funds, Account No. 15-51000. City Council Agenda September 6, 2000 2 RESOLUTION NO. 00-163 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "LOWER HERMOSA AVENUE STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASE I" IN SAiD CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval to appropriate $68,260 for Fund 19-4637-9120 for Etiwanda 26 Area Master Plan Drainage Reimbursement Agreements for FY 2000/01. 5. Authorization to appropriate $6,200 in Account Number 01-4333-6028 27 to supplement funding of the City's Sphere of Influence. 6. Approval to authorize the replacement purchase of two PB Patch 28 Trucks from Dieterich International Truck Sales, Inc. of San Bernardino, California, through a Piggyback Cooperative Purchase Agreement with the County of San Bernardino, California, funded from Account 09- 4637-7045 in the amount of $250,000. 7. Approval to authorize the replacement purchase of two pieces of 29 equipment, a John Deere Loader with railer and a John Deere Backhoe with options, from RDO Equipment Company of Riverside, California, through a Piggyback Purchase Option with two municipal government agencies, the City of Hemet, California, for the backhoe ($80,128.29), and the County of Los Angeles for the Loader ($147,312.95) to be funded from Account 09-4637-7045. 8. Approval of Street Banner Applications and Schedule for Fiscal Year 30 2000/2001. 9. Approval to accept Conflict of Interest Codes from Redevelopment 32 Agency and Fire Protection District. 10. Approval of Ordering the Annexation to LandscaPe Maintenance District 35 No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Minor Development Review 99-15, located at 11355 Arrow Route, submitted by Keep on Trucking. RESOLUTION NO. 00-164 36 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 NQS. 1 AND 6 FOR MDR99-15 City Council Agenda September 6, 2000 3 11. Approval of Map, acceptance of Monumentation Guarantee and 43 Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 15295, located on Milliken Avenue between Foothill Boulevard and Arrow Route, submitted by Catellus Development Corporation. RESOLUTION NO. 00-165 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15295 47 RESOLUTION NO. 00-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMQNGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 15295 12. Approval to approve the Drug Abuse Resistance Education (DARE) 55 Memorandum of Understanding for Fiscal Year 2000-01 (CO 00-066). 13. Approval and execution of a Cooperative Agreement (CO 00-067) 57 between the State of California (State), the San Bernardino County Transportation Authority (Authority), the City of Rancho Cucamonga (City), and the County of San Bernardino (County) for Construction of Segment 5 of State Route 210 (30) in the City of Rancho Cucamonga, California. RESOLUTION NO. 00-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORtTY (AUTHORITY), THE CITY OF RANCHO CUCAMONGA (CITY) AND THE COUNTY OF SAN BERNARDINO (COUNTY) FOR CONSTRUCTION OF SEGMENT 5 OF STATE ROUTE 210 (30) IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA 14. Approval to accept Improvements, release the Faithful Performance 61 Bonds, accept the Maintenance Bonds and file a Notice of Completion for Improvements for Tracts 15796 and 15796-1. submitted by Tava Development DBA Citation Homes, located on the northeast corner of Milliken Avenue and Victoria Park Lane. City Council Agenda September 6, 2000 4 RESOLUTION NO. 00-168 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15796 AND 15796-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 15. Approval of a Resolution adopting a Boundary Map of the territory 64 proposed for inclusion in proposed Community Facitities District 2000- 01 (South Etiwanda) RESOLUTION NO. 00-169 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETiWANDA) 16. Approval of a Resolution declaring Intention to Establish Community 69 Facilities District 2000-01 (South Etiwanda) and to authorize the levy of a special tax therein to finance the provision of certain public services and the acquisition of certain public facilities. RESOLUTION NO. 00-170 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN PUBLIC FACILITIES 17. Approval of a Resolution ordering and directing the preparation of a 84 report for proposed Community Facilities District 2000-01 (South Etiwanda). RESOLUTION NO. 00-171 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) City Council Agenda September 6, 2000 5 18. Approval of a Resolution declaring intention to issue bonds secured by 88 special taxes to pay for the acquisition of certain facilities in proposed Community Facilities District 2000-01 (South Etiwanda). RESOLUTION NO. 00-172 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) 19. Approval of a Resolution adopting a Boundary Map of the territory 93 proposed for inclusion in proposed Community Facilities District 2000- 02 (Rancho Cucamonga Corporate Park). RESOLUTION NO. 00-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 20. Approval of a Resolution declaring Intention to Establish Community 99 Facilities District 2000-02 (Rancho Cucamonga Corporate Park) and to authorize the levy of a special tax therein to finance the acquisition of certain public facilities. RESOLUTION NO. 00-174 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN PUBLIC FACILITIES 21. Approval of a Resolution ordering and directing the preparation of a '112 report for proposed Community Facilities District 2000-02 (Rancho Cucamonga Corporate Park). ,_~ City Council Agenda September 6, 2000 6 RESOLUTION NO. 00-175 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITEIS DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 22. Approval of a Resolution declaring intention to issue bonds secured by '1'16 special taxes to pay for the acquisition of certain facilities in proposed Community Facilities District 2000-02 (Rancho Cucamonga Corporate Park). RESOLUTION NO. 00-176 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 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. 1. ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 00-02 - U.C.P., INC. - Consideration of approval for a development agreement for approximately 504 acres of the San Bernardino County unincorporated area, generally located north of Highland Avenue between Hanley Avenue and Rochester Avenue - Tentative Tract Map 14493 through 14498, 14522, 14523, 15838, and 15902. An Environmental Impact Report (EIR) was previously certified on October 26, 1999. An addendum to the EIR was prepared because the project description did not include a development agreement or the construction of full improvements to the extension of Banyan Street from Day Creek Channel to Rochester Avenue, or full improvements to the segment of Day Creek Boulevard between Banyan Avenue and SR 30. The addendum was prepared in compliance with the California Environmental Quality Act (CEQA). City Council Agenda September 6, 2000 7 ORDINANCE NO. 631 (second reading) 121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND U.C.P. INC. FOR THE PURPOSE OF DEVELOPING AN APPROXIMATELY 250-ACRE SITE WITH UP TO 685 RESIDENTIAL LOTS AND UP TO TWO COMMERCIAL AREAS, GENERALLY LCOATED NORTH OF HIGHLAND AVENUE, BETWEEN DAY CREEK CHANNEL AND WEST OF HANLEY AVENUE - TENTATIVE TRCT MAP 14493 THROUGH 14498, 14522, 14523, 15838, AND 15902 2. INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 00-02 - CHARLES JOSEPH ASSOCIATES - Consideration to amend the industrial Area Specific Plan, Development Code Chapter 17.30, to include "Medium Manufacturing" and "Medium Wholesale, Storage, and Distribution" as permitted uses on parcels of 35 acres of larger, subject to the approval of a Master Plan, within the Industrial Park District (Subarea 6) of the Industrial Area Specific Plan. ORDINANCE NO. 632 (second reading) I 89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 00-02, TO INCLUDE "MEDIUM MANUFACTURING" AND "MEDIUM WHOLESALE, STORAGE AND DISTRIBUTION" AS PERMITTED USES ON PROPERTY OF 35 ACRES OR LARGER SUBJECT TO A MASTER PLAN, WITHIN THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF 3. ETIWANDA SPECIFIC PLAN AMENDMENT 00-01 - LENNAR HOMES OF CALIFORNIA - Consideration to amend the Etiwanda Specific Plan to modify the design of Wilson Avenue from Wardman Bullock Road to approximately 1400 feet west of Wardman Bullock Road. Staff has prepared a Notice of Categorical Exemption. City Council Agenda September 6, 2000 8 ORDINANCE NO. 633 (second reading) I 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 00-01, TO MODIFY THE PROPOSED WILSON AVENUE STREET SECTION BY REDUCING THE SOUTH PARKWAY WIDTH FROM 65 FEET TO 38 FEET FROM WARDMAN BULLOCK ROAD TO APPROXIMATELY 1400 FEET WEST OF WARDMAN BULLOCK ROAD AND MAKING FINDINGS IN SUPPORT THEREOF 4. CONSIDERATION OF AN ORDINANCE AMENDING SUBSECTION 12.04.01B OF SECTION 12.04.010 OF CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE POSSESSION OF ALCOHOLIC BEVERAGES ORDINANCE NO. 634 (second reading) 195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 12.04.010B OF SECTION 12.04.010 OF CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING POSSESSION OF ALCOHOLIC BEVERAGES 5. ETIWANDA SPECIFIC PLAN AMENDMENT 00-02 - CITY OF RANCHO CUCAMONGA - Consideration to amend the Etiwanda Specific Plan to update street trees. Staff has prepared a Notice of Categorical Exemption. ORDINANCE NO. 635 (second reading) 197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 00-02, TO UPDATE STREET TREE REFERENCES AND RELATED FIGURES AND MAKING FINDINGS IN SUPPORT THEREOF 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 September 6, 2000 9 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. 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. 1. CONSIDERATION OF A PROPOSAL FOR CO-SPONSORSHIP OF 200 THE RANCHO CUCAMONGA CHAMBER OF COMMERCE'S GRAP~- HARVEST FESTIVAL SCHEDULED FOR OCTOBER 6-8, 2000, Ai THE RANCHO CUCAMONGA EPICENTER EXPANDED PARKING LOT 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. REPORT ON TRAFFIC AND STREET CLOSURES DUE TO CONSTRUCTION (Oral) 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. L. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on August 31, 2000, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. July 19, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND PLANNING COMMISSION MINUTES Special/Adjourned Joint meeting A. CALL TO ORDER A special/adjourned joint meeting of the Rancho Cucamonga City Council and Planning Commission was held on Wednesday, July 19, 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 4:10 p.m. by Mayor Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Wiiliams, and Mayor William J. Alexander. Present were Commissioners: Rich Macias, John Mannedno, Pamela Stewart, Peter Tolstoy and Chair Larry McNiel. Also present were: Jack Lain, City Manager; Pamela Easter, Deputy City Manager; Duane Baker, Assistant to the City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Mitch Slagerman, St. RDA Analyst; Jan Reynolds, RDA Analyst; Flavio Nunez, Assistant RDA Analyst; Brad Buller, City Planner; Larry Henderson, Principal Planner; Keyin McArdle, Community Services Director; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Deborah Ciark, Library Director; and Debra J. Adams, City Clerk. B. ITEM OF BUSINESS B1. CONSIDERATION OF A MASTER PLAN FOR LAND USE AND CONCEPTUAL DESIGN FOR A PROPOSED REGIONAL COMMERCIAL CENTER LOCATED SOUTH OF BASE LINE ROAD, NORTH OF FOOTHILL BOULEVARD, EAST OF DAY CREEK CHANNEL AND WEST OF 1-15 FREEWAY Jack Lam, City Manager, introduced Linda Daniels, Redevelopmerit Agency Director, who would be making further introductions relating to this meeting. Linda Daniels, RDA Director, stated there were many people in the room that are interested in this project. She stated Lewis Investment Company and Forest City were present to show their proposed project. She added that American Beauty was also present to present their conceptual plan in conjunction with the shopping center. She introduced Brian Jones of Forest City. Brian Jones, Forest City, introduced all those present from Forest City, Lewis Investment Company, American Beauty and PDS West. He stated they would be presenting the master plan for the area between Base Line and Foothill Boulevard. Mr. Jones talked about Forest City. He told why they have come to Rancho Cucamonga stating he felt people are no longer interested in "vanilla" shopping centers, but want something that offers a variety of things and has a sense of neighborhood. He stated they want to include open space, quality design and construction, easy transportation within the center, i.e., trolleys, shuttles, and operational and management control. He stated they welcome City Council and Planning Commission ideas. Joint City Council/Planning Commission Minutes July 19, 2000 Page 2 David Paoli, of Paoli Field Architect, talked about the design concepts of the shopping center. He talked about other projects they have developed. He wanted to take the Council and Planning Commission on a tour of their new Main Street. He talked about what would be surrounding the mall from the residential to the open space. He explained that the layout of the center would be a block pattern or grid. He continued to present the conceptual plan (copies are on file in the City Clerk's office). He talked about the entertainment components. He felt this project would create a strong sense of place. Brian Jones, Forest City, stated they and Lewis Investment Company are committed to making this a first class project and that it would be a "world class" project. He felt this would be something that no other City has. Linda Daniels, Redevelopment Agency Director, stated staff is looking for feedback from the Council and Planning Commission as to the master plan and design concept so they can create plans to present which can go through the planning process. She stated they would like to get a consensus from the Council and Planning Commission on this project. She added this is a first of many meetings to come. Commissioner Macias felt this was a magnificent project and congratulated them on the work that had been done so far. He felt landscaping was a paramount issue and was very important to soften the devastation of the parking lot. He brought up the vehicle traffic going through the middle of the mall and felt possibly the main street should be pedestrian traffic only. He felt there should be pedestrian specific areas. Commissioner Stewart stated she echoed what Commissioner Macias stated and applauded the cultural areas. She encouraged tenants that would be different than what the Mills and Montclair has. She asked if they have thought about a phasing plan for construction. Colm Macken explained how the phasing would be done by showing it on a map. Commissioner Stewart felt phasing was very important. She agreed about the parking issue on Main Street. Commissioner Mannedno felt the trolleys on Main Street would eliminate some of the traffic. He felt this was a low density mall compared to the Mills, and that it would generate less revenue than the Mills. He asked staff if this would generate enough revenue to make this successful. Brian Jones stated this center is over a million square feet and that revenue would not be a problem. Commissioner Tolstoy felt this would add to the excitement of what is going on in the City. He liked the outdoor concept and liked having entertainment outside. He felt this would be exciting to people. He echoed what the other commissioners had said. He liked the idea of the misters to help keep people cool. He felt the wind factor should be considered also. He hoped there would be good entertainment features that would draw people to come to the mall. Commissioner McNiel stated at first the Planning Commission was not very excited about an outdoor mall, but now stated he likes this concept. He stated he is concerned about the parking. He talked about moving the southern section of the mall down and having more parking in the center of the mall. He asked if this would create any problems. David Paoli talked about the plan and felt they didn't really want parking in the middle because they didn't want to lose the storefront image. City Council/Planning Commission Minutes July 19, 2000 Page 3 Commissioner Tolstoy felt Main Street is innovative and felt they should be innovative with the parking lot so that it is not like the Mills. Commissioner Macias stated he is not so sure he agrees with Commissioner McNiel. He felt it should be pedestrian friendly. Commissioner Tolstoy felt Santa Clarita has an excellent parking plan. Commissioner McNiel stated he liked the architecture he sees today and would like to see it not change. Councilmember Dutton stated he would like to see a trolley car/cable car/tram situation from the parking tot to the stores. He stated he liked what he saw in Sacramento with their mall. He stated he likes the master plan for the 500 acres. Councilmember Williams stated she would like to see more meetings to ask more questions. She stated she wants to be sure that this is the quality and level of project that the pictures show in the conceptual plan. She was concerned that they would go backwards instead of forward and that the project would become less than what the drawings showed. She stated she personally has a problem with square grids. Councilmember Curatalo stated he is very pleased with the plan and realized that there are a lot of things that have to come together. Councilmember Biane felt this was a very exciting project for the area. He felt the slow traffic through the center would allow people to pick up laundry, or stop for a coffee or bagel. He felt this was very important. He liked the outdoor concept and felt it would allow for expansion down the line. He felt it could possibly even by covered at some date if it needed to be. Mayor Alexander stated it was important to keep the standards the City has previously set. He stated the people doing this have a wonderful track record. He liked the village concept in the community and also felt the entertainment aspect is important to the project. Linda Daniels, Redevelopment Agency Director, stated there has been direction given and that quality is important not only to the mall, but the residential area as well. She stated it was important for Lewis, Forest City and American Beauty to continue working together in order to keep the master plan what it is now. C. COMMUNICATIONS FROM THE PUBLIC C1. Bob Lundy, Route 66 and Rancho Cucamonga Welcome Center, stated he would like to compliment everyone on a wonderful proposal. He felt the 1-15 is a tourism corridor. He felt this project being on the I-15 corridor could provide for international tourism. Mayor Alexander advised Mr. Lundy he would get other opportunities to express his thoughts throughout this process. Brad Bullet, City Planner, stated American Beauty is anxious to proceed forward. He stated a public hearing for this plan will be coming next. Joint City Council/Planning Commission Minutes July 19, 2000 Page 4 D. ADJOURNMENT MOTION: Moved by Commissioner McNiel, seconded by Councilmember Dutton to adjourn. Motion carried unanimously. The meeting adjourned at 5:30 p.m. Respectfully submitted, Debra J, Adams, CMC City Clerk Approved by Planning Commission: August 23, 2000 Appmved by City Council: * August 16, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Refiular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 16, 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 7:11 p.m. by Mayor Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Kathy Wahlstrom, RDA Analyst; Larry Temple, Administrative Services Director; Sid Siphomsay, information Systems Analyst; Rick Gomez, Community Development Director; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Laura Bonaccorsi, Associate Park Planner; Brad Buller, City Planner; Kirt Coury, Associate Planner; Sal Salvador, Associate Rannet; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II; Jodi Sorrell, Marketing Manager; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Captain Rodhey Hoops, Police Department; Chief Dennis Michael, Fire Protection District; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Jim Frost, City Treasurer; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of the 2000 Project of the Year Award from the American Public Works Association for the City of Rancho Cucamonga Haven Avenue Parkway for Street Beauti~cation. Tim Wilson, APWA, presented the award to Joe O'Neil, City Engineer, and Laura Bonaccorsi, Associate Park Planner. Laura Bonaccorsi, Associate Park Planner and designer of the project, expiained and presented overheads of the project. B2. Presentation recognizing the contributions of the hosts and major business sponsors for Library Telethon 2000. Deborah Clark, Library Director, presented the gifts recognizing the contributions of the hosts and major sponsors for the Library Telethon. B3. Presentation of Proclamations to the Russian Delegates participating in the Library of Congress/Rotary International Russian Leadership "Open World 2000" Program. Mayor Alexander and Mayor Pro Tem Williams made the presentation to the delegation. City Council Minutes August 16, 2000 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons brought up the road construction at East Avenue between Victoria and Base Line, and asked if there was a way to get this street opened up before school starts. He also suggested that deputies assist with the traffic control. He continued to talk about road closures in general and did not think any more streets should be closed until the freeway is built. He wondered if the hours for the construction workers could be changed to accommodate traffic. Joe O'Neil, City Engineer, gave an update on the street closures and traffic situation around Etiwanda High School. He stated the City, Caltrans and SANBAG are working together to get things completed as quickly as possible. C2. Con/Carniella, 8111 Avenida Vejar, stated he is having problems with day laborers near his home and the corner store. He asked if there was something the City can do to help him out. C3. George Georgiou felt the Council, other than the Mayor, were silent during his block wall issue these past two years. He gave background of the wall situation and the appeal process. James Markman, City Attorney, gave histon/of this matter and what has transpired regarding the hearing for Mr. Georgiou's appeal. He stated the City is willing to give Mr. Georgiou another hearing before the Building Board of Appeals. Bill Makshanoff, Building Official, stated on September 29 a meeting was scheduled with the Building Board of Appeals and that Mr. Georgiou called to cancel the meeting. It was later scheduled for July 27, which Mr. Georgiou agreed upon. Two weeks prior to the hearing, Mr. Georgiou stated he would not be present at the hearing. Mr. Makshanoff continued to state at the hearing on July 27 the Building Board of Appeals upheld the Building Official's decision even though there was no testimony made by Mr. Georgiou. D. CONSENT CALENDAR Jack Lam, City Manager, indicated that item 22 has a revised staff report which lists the amount of the bid. A copy of the report is on file in the City Clerk's office. D1. Approval of Minutes: June 21, 2000 (Dutton absent) July 5, 2000 (Biane absent) July 12, 2000 (Special Workshop) July 19, 2000 August 2, 2000 (Dutton absent) D2. Approval of Warrants, Register Nos. 7/26/00 AND 8/2/00 and Payroll ending 8/3/00 for the total amount of $3,139,764.49. D3. Approval to receive and file current Investment Schedule as of July 31, 2000. D4. Approval of Alcoholic Beverage Application for Off-Sale Beer and Wine for Ron's Arco AM/PM (transfer of license), Roger H. Wong, 9533 Foothill Boulevard. D5. Approval of Alcoholic Beverage Application for Off-Sale General for Von's (transfer of license), Von's Companies, Inc., 6351 Haven Avenue. City Council Minutes August 16, 2000 Page 3 D6. Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for Felipe's (new business), Ala V. & Felipe De La Piedra, 11815 Foothill Boulevard, Unit E. D7. Approval to authorize the advertising of the "Notice Inviting Bids" for the Hermosa Avenue Street and Storm Drain Improvements on the east side of Hermosa Avenue 2000 feet south of Wilson Avenue, to be funded from Account No. 01-4647-**** RESOLUTION NO. 00-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HERMOSA AVENUE STREET AND STORM DRAIN IMPROVEMENTS ON THE EAST SIDE OF HERMOSA AVENUE 2000 FEET SOUTH OF WILSON AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D8. Approval to declare surplus miscellaneous City-owned equipment. D9. Approval of Sheriffs Fiscal Year 2000/2001 Schedule "A" Amendment to the Law Enforcement Contract. D10. Approval to purchase and appropriate funds in the amount of $557,500 from Fund 01-4647- 7042, authorize the City Engineer to execute final documents on behalf of the City, and authorize final payment for the purchase of a 16.87 parcel of vacant land known as 8852 Hellman Avenue, Assessor's Parcel No. 209-013-23. Dll. Approval to appropriate $55,000 in Account No. 152-4130-6028 to fund Professional Services related to the formation of a proposed Community Facilities District (Catellus), to be funded by Project Developer. D12. Approval of a Resolution adopting a Boundary Map of the territory proposed for inclusion in proposed Community Facilities District 2000-03 (Rancho Summit). RESOLUTION NO. 00-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) D13. Approval of a Resolution declaring Intention to Establish Community Facilities District2000- 03 (Rancho Summit) and to authorize the levy of a special tax therein to finance the provision of certain public services and the acquisition of certain public facilities. City Council Minutes August 16, 2000 Page 4 RESOLUTION NO. 00-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISIONS OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES D14. Approval of a Resolution ordering and directing the preparation of a report for proposed Community Facilities District 2000-03 (Rancho Summit). RESOLUTION NO. 00-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) D15. Approval of a Resolution declaring Intention to issue Bonds secured by Special Taxes to pay for the Acquisition of certain facilities in proposed Community Facilities District 2000- 03 (Rancho Summit). RESOLUTION NO. 00-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) D16. Approval to appropriate $58,500.00 in Account No. 47-4130-6028 to fund professional services related to the formation of a proposed Community Facilities District (Rancho Summit), to be funded by the Project Developer. D17. Approval of a Community Facilities District Reimbursement Agreement with Lennar Homes (CO 00-058). D18. Approval of a Professional Services Agreement with Best, Best & Krieger (CO 00-059) for Bond Counsel Services in conjunction with a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $10,000 for formation services and not to exceed $15,000 for debt issuance services; to be funded by the Project Developer. D19. Approval of a Professional Services Agreement with Empire Economics (CO 00-060) to perform Market Absorption Services in conjunction with a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $11,000; to be funded by the Project Developer. D20. Approval of a Professional Services Agreement with Bruce W. Hull & Associates (CO 00-061) to perform Appraisal Services in conjunction with a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $20,000; to be funded by the Project Developer. Ci~ Council Minutes August16,2000 Page 5 D21. Approval of a Professional Services Agreement with Fieldman, Rolapp & Associates (CO 00- 062) for Financial Advisor Services in conjunction with a proposed Community Facilities District (Rancho Summit) in an amount not to exceed $9,000 for formation services and not to exceed $20,500 for debt issuance services; to be funded by the Project Developer. D22. Approval to award and authorize the execution of the Contract (CO 00-063) in the amount of $247,253.00 ($224,775.00 plus 10% contingency) for the construction of 6th Street Pavement Rehabilitation from Haven Avenue to Milliken Avenue to the apparent low bidder, Laird Construction Co., Inc. to be funded from Fund 32-4637-9904. D23. Approval of an easement over Metropolitan Water District property on Blue Grass Avenue for the purposes of a secondary access required as a condition of development for Tract 14120-1 and release of the funds deposited by the Developer of said Tract to Metropolitan Water District for the purchase of said easement. RESOLUTION NO. 00-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A STREET EASEMENT FOR BLUE GRASS AVENUE, AUTHORIZING THE RELEASE OF A DEPOSIT TO THE METROPOLITAN WATER DISTRICT FOR PURCHASE OF THE EASEMENT AND AUTHORIZING THE MAYOR TO SIGN THE EASEMENT AND MAKING FINDINGS IN SUPPORT THEREOF D24. Approval of a request to Summarily Vacate Vehicular Access Rights at the southeast corner of Town Center Drive and Haven Avenue at proposed driveway locations for the proposed SAV-ON, V171 -APN: 1077-422-06, related file: CUP 99-26. RESOLUTION NO. 00-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE VACATION OF VEHICULAR ACCESS RIGHTS ON TOWN CENTER DRIVE AND HAVEN AVENUE FRONTING PROPOSED DRIVEWAY LOCATIONS ON PARCEL 12 OF PARCEL MAP 11030 LOCATED AT THE SOUTHEAST CORNER OF TOWN CENTER DRIVE AND HAVEN, V171 -APN: 1077-422-06, RELATED FILE CUP 99-26 D25. Approval of Development Review 00-01 - Kim Jay Aylor - to modify the Community Trail Alignment for two previously approved single-family hillside lots on two acres of land in the Very-Low Residential District, located at the southwest corner of Hermosa Avenue and Almond Street - APN: 10744-051-18 and 19. RESOLUTION NO. 00-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRAIL MODIFICATION FOR DEVELOPMENT REVIEW 00-01 WITH CONDITIONS, LOCATED AT 5138 AND 5148 HERMOSA AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1078-051-18 AND 19 City Council Minutes August 16, 2000 Page 6 D26. Approval of Amendment No. 1 to City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement for a Plan of Cooperative Action for Economic Development (CO 99-066/RA99-017). D27. Approval to accept bids received, waive any and all minor irregularities in the bidding documents submitted by the apparent low bidder, and award and authorize the execution of the Contract (CO 00-064) in the amount of $91,514.50 ($83,195 plus 10% contingency) to the apparent low bidder, G. B. Cooke, Inc., for the construction of various site improvements and foundation improvements for Rehabilitation of the Isle House, to be funded from CDBG Fund, Account No. 28- 4333-9835. D28. Approval to award contract to Pageantry Productions (CO 00-065) for services for the 2000 Founder's Day Parade in the amount of $8,058.11. D29. Approval of Improvement Agreement and Improvement Security for CUP 99-26, located on the southeast corner of Town Center Drive and Haven Avenue, submitted by Western Land Properties. RESOLUTION NO. 00-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 99-26 D30. Approval of Improvement Agreement and Improvement Security for DR 00-05, located on the north side of Millennium Court east of Milliken Avenue, submitted by Catellus Development Corporation. RESOLUTION NO. 00-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-05 D31. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Summary Vacation of a portion of Hamilton Street Easement and also Ordering the Annexation to Landscape Mantenance Dstrct No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map 14162, located at the south side of 19th Street at the western city limits, submitted by Promus Investment Network, Inc. RESOLUTION NO. 00-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14162, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 00-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF HAMILTON STREET EASEMENT LOCATED WEST OF SARD STREET City Council Minutes August 16, 2000 Page ? RESOLUTION NO. 00-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 14162 D32. Approval t6 accept the Beryl Street Rehabilitation Project, from Base Line Road to Cielito Street, Contract No. 00-006, as complete, and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $110,727.31. RESOLUTION NO. 00-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BERYL STREET IMPROVEMENTS FROM BASE LINE ROAD TO CIELITO STREET AS COMPLETE, AND AUTHORIZE THE CITY ENGINEER TO FiLE A NOTICE OF COMPLETION MOTION: Moved by Dutton, seconded by Wiiliams to approve the staff recommendations in the staff reports contained within the Consent Calendar with Dutton abstaining from voting on the minutes of June 21 and August 2, 2000, and Biane abstaining from voting on the minutes of July 5, 2000. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 30 MPH ON PALO ALTO STREET BETVVEEN ARCHIBALD AVENUE AND HELLMAN AVENUE ORDINANCE NO. 630 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH A PRIMA FACIE SPEED LIMT OF 30 MPH ON PALO ALTO STREET BETVVEEN ARCHIBALD AVENUE AND HELLMAN AVENUE Debra J. Adams, City Clerk, read the title of Ordinance No. 630. MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 630. Motion carried unanimously 5-0. City Council Minutes August 16, 2000 Page 8 F. ADVERTISED PUBLIC HEARINGS F1. ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 00-02 - U.C.P., INC. - Consideration of approval for a development agreement for approximately 504 acres of the San Bernardino County unincorporated area, generally located north of Highland Avenue between Hanley Avenue and Rochester Avenue - Tentative Tract Map 14493 through 14498, 14522, 14523, 15838, and 15902. An Environmental Impact Report (EIR) was previously certified on October 26, 1999. An addendum to the ErR was prepared because the project description did not include a development agreement or the construction of full improvements to the extension of Banyan Street from Day Creek Channel to Rochester Avenue, or full improvements to the segment of Day Creek Boulevard between Banyan Avenue and SR 30. The addendum was prepared in compliance with the California Environmental Quality Act (CEQA). Staff report presented by Sal Salazar, Associate Planner. Councilmember Biane asked what other steps would have to occur after this is heard by LAFCO. Sal Salazar, Associate Planner, stated after LAFCO takes action on this, a Resolution has to be published for 30 days and then it will come back to the Council to accept or reject LAFCO's recommendation. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Ben Anderson, UCP, Inc. talked about the process they went through to get their project approved. He gave a history of the development of the plans for this project from 1992 through 1999. He talked about the school site that would be included in the project which would be a benefit to the community. He talked about the park that would be part of the project. He also mentioned the convenience of the Route 30 Freeway near his project. Gary Hester, Pacific Crest Development, stated they agree that the proposed project would improve the area and help the traffic flow. He felt it would be an asset to the City. Andre Rustad, 6270 Ascot, Etiwanda, stated his property borders the proposed annexation. He stated he opposes the proposat for annexation. Jacob Battiste, 12354 Highland, stated he received the annexation letter and that his property is near the property to be annexed. He stated he had questions about this. Mayor Alexander advised him he should talk with the City Planner. John Kavak, 1317 Avenida Colima, San Dimas, stated he owns 5 acres bordering this project on the southwest side. He added he supports the project. John Lyons of Etiwanda, commended the developer for coming to Rancho Cucamonga. He asked for the Council to support this. Ken Wuh, representing Penney Development, Tract 13122, stated they are southeast of the University project and added they support it. He asked the Council to approve the project. There being no further comments, the public hearing was closed. City. Council Minutes August 16, 2000 Page 9 Councilmember Biane stated he and Councilmember Dutton were involved with some of the negotiations and commended staff for all of the work they did to get this here tonight. He added the developer has made design and circulation improvements for this project. He hoped staff could work with the developer to further improve the project. He asked when the park would be completed and hoped it would be in a timely manner. He stated he supports this project. Councilmember Dutton felt the school and park are great ideas for this project. He also felt the circulation improvements were also very beneficial. He asked the Council to support the annexation. Councilmember Willlares stated she totally agreed and thanked Councilmembers Biane and Dutton for their extra work on this. Councilmember Curatalo stated he wanted to thank the developer for annexing before starting this project. Mayor Alexander stated he agreed with all of the comments made. Debra J. Adams, City Clerk, read the title of Ordinance No. 631. RESOLUTION NO. 00-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFFIRMING THE ENVIRONMENTAL IMPACT REPORT AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO AND AS AUGMENTED BY AN ADDENDUM PREPARED BY THE CITY OF RANCHO CUCAMONGA AS LEGALLY SUFFICIENT FOR THE UNIVERSITY PLANNED DEVELOPMENT PROJECT ORDINANCE NO. 631 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND U.C.P. INC. FOR THE PURPOSE OF DEVELOPING AN APPROXIMATELY 250- ACRE SITE WITH UP TO 685 RESIDENTIAL LOTS AND UP TO TWO COMMERCIAL AREAS, GENERALLY LCOATED NORTH OF HIGHLAND AVENUE, BETWEEN DAY CREEK CHANNEL AND WEST OF HANLEY AVENUE - TENTATIVE TRACT MAP 14493 THROUGH 14498, 14522, 14523, 15838, AND 15902 MOTION: Moved by Dutton, seconded by Biane to approve Resolution Nos. 00-161 and 00-162 and set second reading of Ordinance No. 631 for the September 6, 2000 meeting. Motion carried unanimously 5-0. F2. ANNEXATION 00-01 - Consideration to approve the Tax Revenue Exchange for annexation proceedings (LAFCO No. 2864) bebNeen the County of San Bernardino and the City of Rancho Cucamonga for approximately 504 acres of the San Bernardino County unincorporated area, generally located north of Highland Avenue between Hanley Avenue and Rochester Avenue. City Council Minutes August 16, 2000 Page 10 RESOLUTION NO. 00-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE COUNTY OF SAN BERNARDINQ AND THE CITY OF RANCHO CUCAMONGA RESULTING FROM THE JURISDICTION CHANGE DESCRIBED BY LAFCO NO. 2864 ACTION AND DISCUSSION FOR THIS ITEM ARE LISTED UNDER ITEM FI. A recess was taken at 8:46 p.m. The meeting was called back to order at 8:57 p.m. with all Councilmembers present. F3. INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 00-02 - CHARLES JOSEPH ASSOCIATES - Consideration to amend the industrial Area Specific Plan, Development Cod~ Chapter 17.30, to include "Medium Manufacturing" and "Medium Wholesale, Storage, and Distribution" as permitted uses on parcels of 35 acres of larger, subject to the approval of a Master Plan, within the Industrial Park District (Subarea 6) of the Industrial Area Specific Plan. Staff report presented by Kirt Coury, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Chuck Buquet, Charles Joseph Associates, stated he appreciates the assistance of the Planning Department. He continued to talk about the project and the plan amendment. There being no further response, the public hearing was closed. Councilmember Biane stated he would be abstaining from voting on this item. Debra J. Adams, City Clerk, read the title of Ordinance No. 632. ORDINANCE NO. 632 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 00-02, TO INCLUDE "MEDIUM MANUFACTURING" AND "MEDIUM WHOLESALE, STORAGE AND DISTRIBUTION" AS PERMITTED USES ON PROPERTY OF 35 ACRES OR LARGER SUBJECT TO A MASTER PLAN, WITHIN THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTOIN: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 632 for September 6, 2000. Motion carried 4-0-0-1 (Biane abstained). City.Council Minutes August 16, 2000 Page 11 F4. ETIWANDA SPECIFIC PLAN AMENDMENT 00-01 - LENNAR HOMES OF CALIFORNIA - Consideration to amend the Etiwanda Specific Plan to modify the design of Wilson Avenue fiu."n Wardman BuUock Road to approximately 1400 feet west of Wardman Bullock Road. Staff has prepared a Notice of Categorical Exemption. Staff report presented by Dan James, Sr. Civil Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Ray Allard, Allard Engineering and representing the applicant, thanked staff end agreed with the findings. There being no other comments, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 633. ORDINANCE NO. 633 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 00-01, TO MODIFY THE PROPOSED WILSON AVENUE STREET SECTION BY REDUCING THE SOUTH PARKWAY WIDTH FROM 65 FEET TO 38 FEET FROM WARDMAN BULLOCK ROAD TO APPROXIMATELY 1400 FEET WEST OF WARDMAN BULLOCK ROAD AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 633 for September 6, 2000 meeting. Motion carried unanimously 5-0. F5. ETIWANDA SPECIFIC PLAN AMENDMENT 00-02 - CITY OF RANCHO CUCAMONGA - Consideration to amend the Etiwanda Specific Plan to update street trees. Staff has prepared a Notice of Categorical Exemption Staff report presented by Laura Bonaccorsi, Associate Park Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 635. ORDINANCE NO. 635 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 00-02, TO UPDATE STREET TREE REFERENCES AND RELATED FIGURES AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 635 for September 6, 2000 meeting. Motion carried unanimously 5-0. City Council Minutes August 16, 2000 Page i2 G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE AMENDING SUBSECTION 12.04.01B OF SECTION 12.04.010 OF CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE POSSESSION OF ALCOHOLIC BEVERAGES Staff report presented by Paula Pachon, Management Analyst III. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 634. ORDINANCE NO. 634 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 12.04.010B OF SECTION 12.04.010 OF CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING POSSESSION OF ALCOHOLIC BEVERAGES MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 634 for September 6, 2000. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF AMENDMENT TO THE CITY'S PURCHASING POLICY AND PROCEDURES MANUAL Staff report presented by Larry Temple, Administrative Services Director. Mayor Alexander opened the meeting for public comment. There being no response, public comments were closed. MOTION: Moved by Willlares, seconded by Biane to approve staffs recommendation- Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. City Council Minutes August 16, 2000 Page ~3 12. CONSIDERATION OF CITY COUNCIL PARK AND RECREATION SUBCOMMITTEE'S RECOMMENDATIONS TO FILL TERM (Oral Report) Councilmember Willlares stated she and Councilmember Dutton have selected Patricia Carlson. Councilmember Dutton stated she was outstanding. MOTION: Moved by Curatalo, seconded by Biane to appoint Patricia Carlson to the Park and Recreation Commission. Motion carried unanimously 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING 1. Mayor Alexander stated he would like a report on the traffic and street closure situation due to all of the road improvements and freeway construction. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Dutton to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:14 p.m. Respectfully submitted, Debra J. Adams, CMC ' City Clerk Approved: * CiTY OF RANCNO CUCAMONGA LIST OF NARRANTS FOR PERIOD: 08-09-00 C00101) RUN DATE: 08/09/00 PAGE: 1. VENDbR NAME iTEM DESCRIPTION WARR NO MARRo ANT° ~ CHECKR OVERLAP 6505 TQVARe ANNE NARGARET BUSXNESS LXCENSE REFUND X56285~ 4Z6oO0- <cc 156286 - 156~19 ~1823 SNZOERLEe RICHARD EDUCATION REIMBURSEMENT 156~Z0~ EEgoO0- · (C( 1566ZE - 1566Z9 11730 SERNA, NARCELZNO RECREATION REFUNDS 2566504 50o00 <cO 156631 - 156785 3016 RANCHO CUCAMONGA POLICE DEPT REZNBURSENENT 556786 889oE1- 3016 RANCHO CUCAMDNGA POLICE DEPT REINBURSEHENT 156787 987.90- (<C 156788 - 156817 12690 TEJAS, DOLDRES BUSINESS LZCENSE REFUND 1568184 35°00- <<¢ 156819 - 156963 2737 U C REGENTS pOCKET GUIDE 156966~ 632,00- CC( 156965 - 156950 6686 GUARDIAN MEDICAL PREMIUM 1569514 768°80 <(C 156952 - 156952 6505 TOVAR, ANNE NARGARET BUSINESS LICENSE REFUND 156~53~ 312o00 2737 U C REGENTS pOCKET GUIDE 156956~ 195o00 ZT37 U C REGENTS POCKET GUIOE 1569554 652.00 <<< 156956 - 156957 6660 3M TRAFFIC CONTROL RECREATION REFUND I 156958 6,6~6o81 6635 A { K pHOTOGRAPHY PHOTO DEVELOPING L SUPPLIES E56959 ZTo67 <<< 156560 - i56960 10 A ~ R TiRE SERVICE VEHICLE MAINTENANCE # 156965 8,701o90 650? AAA pORTABLE RESTROOM CO, RECREATION REFUND 156962 131o55 6655 RACE ANNUAL NEMBERSNZP DUES 156963 65,00 2732 ABC LOCKSNZTHS MAINTENANCE SUPPLIES I 156966 50°86 6367 ACCURATE SMOG, AUTO, TRUCK & VEHICLE MAiNTENANCE/SUPPLiES i 156965 1,690.29 ZZZ08 ADVANCED AiR SySTENS BUSINESS LICENSE REFUND 156966 35.80 ZZZ[3 ALMADAm CHRZ5 RECREATION REFUND 156967 12o50 ~7 ALTA FiRE EQUIPMENT CO, SERViCE/SUPPLiES 156966 156.13 1430 ANERICAN BUSINESS FORMS OFFICE SUPPLIES 156969 56°57 6239 AMERICAN FENCE COMPANY RECREATION REFUND 156970 ZOODO0 156971 80.82 5658 AMERICAN FIRST AZD& SAFETT SUPPLIES 150o00 22215 ARNOLD, VEVZAN RECREATION REFUND 156972 Z2222 ASHNORTH HONEY DEPOSZT REFUND 156973 500°00 2637 ASSOCIATED GROUP MONTHLY NAiNTENANCE SERVICE I 156976 Z,150o19 22211 ATHALON pROPERTiES, INCo REFUND pARKiNG CITATION 156975 266.00 22209 AUDIO VIDEO AUTHORZTT BUSINESS LICENSE REFUND 156976 21871 AUDiO-TECH BUSINESS BOOK SUNMARiES ANNUAL SUBSCRiPTiON 156977 169o00 602 AUTO RESTORATORS VEHICLE MAINTENANCE 156978 1,271o65 22216 AZZZ, NoAo FACiLiTY RENTAL REFUND 156979 ZOO.DO 222i2 B g A CONSTRUCTION DEPOSIT REFUND 156960 1,000o00 2Z221 8ARRATT AMERICAN ZNC, OVERPAYMENT OF PERMITS 156981 IIZoOO ZZZ20 BENSON, CHRZSTiNA RECREATION REFUND 156982 ZoOO ZBZO BERNELL HTDRAULiCS, ZNCo MAENTENANCE SUPPLIES i56983 186.Z0 1267 BLAKE PAPER CO., iNC. RECREATION $UPPLEES 156986 26.66 6717 BLUE FALCONS RECREATION REFUNDS 156985 700°00 6695 BOYLE ENGZNEERZNG BUSINESS LECENSE REFUND 156986 3,271.50 RECREATEON REFUND 156967 60o00 ZZZI6 BURDEN, LiSA 156988 2,867.25 55Z OURK-BLACKSCHLEGER, ROSEANN iNSTRUCTOR PMT 6661 CALCDN RECREATEON REFUND 156989 15,500o00 CZTT OF RANCHO CUCANONGA LEST OF MARRANTS FOR PERZOD~ 08-08--00 (00/013 RUN DATE~ 08109/00 PAGE: Z VENDOR NAME ZTEN DESCRZPTEDN MARR NO ~ARRo ANT. ZZZlO CAP BROTHERS CONSTRUCTTON CDowENCo BUSZNE$S LZCENSE REFUND 154990 A8.75 6320 CART. KRZSTZN BUS3NESS LZCENSE REFUND 25&991 53,11 6052 CHARTER CDNNUNZCATZONS ADVERTZ$ZNG FEE 15&993 A1o60 73 CZTRUS NOTORS ONTARIOm ZNCo VEHICLE MAZNTENANCE/SUPPLXES 8 154995 3.T17o47 ZZZ06 CLEARLY THE MAT OUSENESS LICENSE REFUND 156996 23,00 ZZZ07 COLLEGE ~ CAREER PUBLZSHZNG BUSINESS LZCENSE REFUND 15699T ZS,ZO 6302 CONPUSAt ZNCo NAZNTENANCE SUPPLIES [54999 6.654,16 6A3 CDNPUTERLAND COMPUTER NAZNTENANCE/SUPPLIES e 155000 ZZ.831oTZ 22217 CORDBm LORE RECREATZON REFUND 155001 39°00 (<( 155002 - 355003 ))) 2478 DAPPER TXRE CO VEHICLE NAZNTENANCE/SUPPLIES 155005 Z71.&8 ~272 DE LA CRUZe MONZCA RECREATION REFUND 155006 63°00 65355 DE SANTZAGO, PATTY RECREATION REFUND 155007 15o00 61361 DEDOBAV, TeN RECREATION REFUND 155008 107 DETCO OFFECE SUPPLZES 8 155009 117o99 839 DXETERZCN ENTERNATIONAL TRUCK VEHZCLE MAINTENANCE # 155010 Z97o95 61363 DOVE ENVESTNENTSj ZNCo DEPOSET REFUND 1590SI ~2356 ~UTTONe ROSE RECREATZON REFUND 155012 858 ECONDLZTE CONTROL PRODUCTSe ZNCo HAENTENANCE SUPPLZES ]5501~ 9°00 6716 ECONDNZCS PRESS, ENCoj THE SUBSCRIPTEON 155025 365& ELZTE TONZNG TDkZNG SERVZCE I 155016 5337 ENPZRE NOBZLE HONE SERVECE pROFESSTONAL SERVICES I 155017 6537 ESCDM SOFTWARE SERVZCES LTD. HAZNTENANCE FEES 195018 365AB.00 6556 FZNESSE pERSONNEL ASSOCIATES pERSONNEL SERVICES # 155019 6aT9 FLEET GLASS VEHZCLE NAZNTENANCE 1550Z0 189o59 61357 FLDRESe HZCHELLE RECREATZON REFUND 155021 87.50 61398 FLORESt ROBERT RECREAIEON REFUND 155022 26.00 6685 FOOTHELL BEVERAGE CONPNAY RECREATZON SUPPLIES 155023 161o55 2860 FORD OF UPLAND, ZNCo VEHZCLE MAINTENANCE # 155024 26261o60 11&~ FRAME-ART DFFZCE SUPPLIES 155025 6~7.15 6590 GERE°S SCREENPRINTZNG RECREATZON SUPPLIES 155026 5A1o12 ~1362 G[EDRAZTZSe BETH RECREATZON REFUND 1550Z7 60.00 61359 GLAZING ZNDUSTREES BUSZNESS LECENSE REFUND 155028 230.00 61360 GRAZIANO'S ETALEAN RESTAURANT BUSZNESS LZCENSE REFUND 155029 10o80 38Z? GREEN ROCK PONER EQUZPMENT NAZNTENANCE SUPPLZES 155030 15.T9 5387 GST TELECOMe INCo ENTERNET SERVICES 155031 Zt217.T5 13T GTE CALIFORNZA MONTHLY TELEPHONE BZLLZNGS t 155032 255o16 33016 HATHAMAYe RENEE RECREATZON 155033 16°00 2855 HAVEN MZNE ~ LZQUOR CO. SUB-COHNITTEE HEETINGS 15503& 43.69 33008 HEAVENLT GARDENS BUSZNESS LZCENSE 155035 13o27 158 HDLLZDAT ROCK COos INCo MAZNTENANCE SUPPLZES I 155036 Ze397.60 2255 NOLT'S AUTO ELECTRZC HAINTENANCE SUPPLIES 155037 226°28 33025 HOTCHKZSS9 JACKXE RECREATZON 155038 15.08 3 HUII ANTHONY RECREATZON 155039 150.00 9,.6 ME.BERSH,F 155.0 95196 MENBERSHZP 155061 60.00 | CZTY DF RANCHO CUCARONGA LZST OF MARRANTS FOR PERZOD: 08-09-00 C00101) RUN DATE: OB/OBIO0 PAGE: 3. VENDOR NAHE ZTEH DESCRZPTZON IARR NO NARRo AUTo ~ CHECKI OVERLAP 6682 ZNLAND FAZR HOUSING & NEDZATION BUSZNESS LZCENSE REFUND 0 15504.2 1.815o84 3452 1NTRAVAIA ROCK & SAND MAINTENANCE SUPPLIES 155043 120o00 33020 JZNENEZe LZNOA RECREATZON I 15504& 33010 JOHNSON CLEANZNG SERVICES BUSZNBSS LZCENSE 155045 13o50 6565 JOHNSON, CHARLOTTE SUBSCRIPTION RENEWAL 155046 506°00 33015 JONESe CRAIG RECREATZON 155047 AS.00 3491 KELLEY BLUE BOOK NEk CAR PRZCE NANUAL 155048 33011 KERDUS PLASTERINGt INCo BUSZNESS LICENSE 155049 40°00 33027 KESSEEe THEOOIS RECREATZON 155050 35°00 3102 KNOTT°S BERRY FARM KNOTT'S TZCKETS t 155051 585.00 6090 KONGe SOPNRK BUSINESS L~CENSE REFUND 155052 4882 KDRANDA CONSTRUCTION CoDoBoG. 155053 585.00 32727 KRUEPERs MZCHELE RECREATZON 155054 84°00 4764 KULI IMAGE ZNCo RECREATION SUPPLIES I 155055 499°09 6708 L C T LABORATORZES RECREAIION REFUNDS 155056 153°00 1075 LAB SAFETY SUPPLY MAZNTENANCE SUPPLZES 155057 123°43 4242 LAZDLAM TRANSZT, INC. TRANSPDRTATZON SERVZCES 155058 316.07 849 LAWSON PRODUCTSm ZNC. NAZNTENANCE SUPPLIES 155059 255o55 33023 LEEe JAN RECREATION 155060 70.00 33024 LZEBERNANw SUZZE RECREATION 155061 45°00 33007 LIFETOUCH NAT'L SCHOOL STUDZOSeZNC° BUSINESS LZCENSE 155062 25.10 33016 LOFTONe TOLANDA RECREATZON 155063 285.00 33014 LOPEZe HARTHA RECREATZON 155064 48.00 5662 LOS ANGELES COCA COLA BTLo COo RECREATZON SUPPLZES i 155065 425°59 33019 NADZSDNt GkEN RECREATION 155066 200o00 7Z MARK CHRISe INC. VEHZCLE MAINTENANCE SUPPLIES ' 155067 27.50 2198 NZCHAELS STORES ZNC. 13019 RECREATZON SUPPLZES 155068 51°52 155069 90.00 3316 MR T°S Z4-HR. TONING TOMZNG 661o50 6687 NATION'S RENT SETTLENENT OF CLAZH ~ 155070 593 NATZONAL NOTARY ASSOCZATZDN NNA MEMBERSHIP DUES 155071 433 NIXON-EGLZ EQUIPMENT VEHZCLE NAZNTENANCE 155072 13o17 155073 40.00 33021 NOVAKe LDRZ RECREATZON 155074 20°50 33013 OCANAe ESTELLA RECREATZON 523 OFFICE DEPOT OFFICE SUPPLIES 8 155075 239°29 6584 OLZVAe PHILIP RECREATZON REFUNO 155076 120°00 4904 OTT, LAURA ZNSTRUCTOR SNR.EXERCZSE CLASS I 155077 413o00 33008 PACZFIC JUICE E JAVA 8USZNESS LZCENSE 155078 105o00 818 pARAGON BUZLDZNG PRODUCTS [NC. CONCRETE SUPPLZES 155079 16o60 33017 PARNAUSKe LARRY RECREATZON 155080 6148 PZRDNe SHAUN CONTRACT SERVZCES 155081 186o00 33012 PZT 8.8oQo9 THE BUSZNESS LZCENSE 155082 23.00 255 pONA DISTR[BUTZNG CO VEHZCLE HAZNTEN&NCE & SUPPLZES I 155083 330Z9 pRZTCHARD9 MARY RECREATZON 155084 70.00 2176 QUADRANT SYSTENSe ZNCo OFFZCE SUPPLZES 155085 680°00 6569 QUZNN, SHERLZNE 8USINESS LICENSE REFUND 155086 293.13 251 R E R AUTOMOTZVE VEHZCLE HAZNTeSUPPLZES[SERVZCE t 155087 3663 R A T SpECZALTTe [NC. DoA. R.E. $UPPLZES I 155088 Z~180°OO 12668 MADFORD CABZNETSs ZNCo RECREATZDN REFUND 155089 141o05 264 RALPHS GRDCERT COMPANY RECREATZDN SUPPLZES 0 155090 116.51 (Ik)~ · 2Z8 RANCHO CUCA REDEVELOPRENT AGENCY RE[N8URSE GRANT FUNDS 155091 3,535.67 70 RANCHO CUCAMONGA CHAMOER HEMBERSNZP MEETZNG 155092 80.00 CiTY OF RANCHO CUCAHONGA LiST OF ~ARRANTS FOR PERIOD: 08-09-00 COOlOT) RUN DATE: 08/09/00 PAGE: 6 VENDOR NAHE iTEM DESCRIPTION NARR NO NARRo AHTo ~ CHECKI OVERLAP 6058 RANCMO SCREEN PRINT L EMBROIDERY RECREATION REFUNO 155093 Z5.50 12669 RANCMO MHDLESALE LUMBER RECREATION REFUND 15509A 12706 RATANARAKe DEBBZE BUSINESS LICENSE REFUND 255095 4130 RBM LOCR & KEY SERVICE MAINTENANCE SUPPLIES I ~55096 1Z707 RISBLZs JR, ROMAN BUSINESS LICENSE REFOND 155097 130.00 3314 ROBINSON FERTIL%ZER LANDSCAPE SUFPL%ES 155098 15087.34 626 ROBLES, RAUL Pow SRo TIRE REPAIR # ~55099 515.50 19726 RODGERS, HELEN RECREATION REFUND 155200 1ZTOE ROMERD~ GLORIA BUSINESS LICENSE REFUND 155101 65.00 16 ROTARY CORPORATION MAINTENANCE SUPPLIES 155102 6673 ROTH STAFFING CORPANZES~ XNC RECREAIION REFUNO # 155~03 lsBgOoO0 4704 RUSH, CHRZS ZNSTRUCTDR PATNENT 155104 380.~6 12709 RTANs PATRiCZA BUSINESS LICENSE REFUNO 155205 ~6.00 1292 S & S ARTS AND CRAFTS RECREATION SUPPLIES 155106 8~1.94 4438 S C A C E D ANNUAL NEHBERSNZP DUES 155107 5745 SAFEL%TE GLASS CORP. SERVICE AND SUPPLIES # 155208 ~05.84 5538 SAN ANTONIO MATERIALS MAINTENANCE SUPPLIES # 155109 581 SAN BERN COUNTY CAL-ID PROGRAM 155210 52.50 5029 SAN BERN COUNTY F$RE DEPT. UNDERGROUND TANKS 155111 6o25 301 SAN BERN COUNTY SHERIFFS CONTRACT SHERIFFS SERVICE 155112 889oll 301 SAN BERN COUNTY SHERIFFS CONTRACT SHERIFFS SERVICE 155113 987.90 132 SAN DIEGO ROTARY BRODH COs ZNC HAZNT SUPPLIES 155124 66.81 12710 SANCHEZ, PHILIP BUSINESS LICENSE REFUNO 155~5 lZ711 SCAN-NATDA BUSZNESS LICENSE REFUNO 1551~6 75o00 660( SCHNE[DERe OANZEL RECREATION REFUND 155117 36.99 3896 SENECHALf CAL iNSTRUCTOR PAYMENT I 155110 ITloO0 S950 SHESHUNOFF ZNFDRNATZON SERVICES ANNUALITST/IMP 155119 3Zl.95 5950 SHESNUNDFF INFORMATION SERVICES ANNUAL/TST/XMP 155120 302.95 1327 SMART & FINAL DAY CAMP SUPPLIES e 155122 ~e283.20 [laZ3 SHZDERLEt RICHARD EDUCATION REZMBURSENENT 1551ZZ 119.00 12712 SMZTMf NANCY RECREAIZON SUPPLIES 155123 1(0.00 <(( 1551Z4 - ~551Z8 ))) 1432 SOUTHERN CALiFORNia EDISON HONTHLY ELECTRIC BILLS I 1551Z9 135381.17 1299 STEEL GRiP NAXNTENANCE SUPPLIES 155130 LOT.30 4733 SUNRISE FDRO AUIO SERVICE & SUPPLIES t ~55131 397.36 6411 SNEET'S CLEAN SIEEP RECREA1iON REFUND 15513Z 3slOOoO0 1659 SYHPRO ZNC ANNUAL NAZNTENANCE pORTFOLiO 155133 le300.O0 5AlO T [ D iNSTALLATiONS SUPPLIES # 155134 3T8.19 REGISTRATION 155135 5Zlo98 1Z713 TANDEN # 155136 377°00 394Z TERHZNZX iNTERNATiONAL MONTHLY PEST CONTROL SERVICE 6701 TZMEN[SE RECREATION REFUND 155137 165.50 1919 TOMARK SPORTS %NCo NAZNTENANCE SUPPLIES 155~38 175o63 12714 TRAZNZNG CONSULTANTSeLEARNING ENHAN HOTEL RESERVATION 155139 13.81 4448 TREADNAY GRAPHICS POLICE DEPT SUpPLiES 1551A0 lilT5 TUYUSw DOLORES RECREATION REFUND 155111 35.00 5155 U S BANK TRUST LEASE PAYRENT 155142 589e115.00 Z958 UNPS ARE US ASSOCiATiON UMP SERVICES I 155143 4,OTA.Z5 3431 UNZFZRST UNIFORM SERVICE UNIFORM SERVICES I 155144 299,61 1226 UNITED pARCEL SERVICE UPS SERVICE # 155145 """'~-,,,2682 UNITED STATES POSTAL SERV%CE pOSTAGE METER HONTHL7 SERVICES 155146 RECREATION REFUND 155141 35.00 12715 VARGAS~ BRENDA I CZTY OF RANCNO CUCAP4ONGA LZST QF IARRANT5 FOR PERZOO: QR-Og'-OO (OOlOl) RUN DATE: OR/Qg/0Q PAGE: VENDOR NAME ZTEP4 DESDRZPTIQN MAR R NO NARR, ABqT. 0, CHECKI OVERLAP 1Z716 VENALDEe $TACEY RECREATZON REFUND 155168 32,00 12Y17 VERJANw LZLLT PLATCAP4P REFUND 1551A9 iOoO0 1271R VZSZTZNG HONE NURSESe 1NC RECREATZON REFUND 155150 89°99 12719 VOTER ACCESSe LLC RECREATZON REFUND 155151 15.16 213 ffAXZEe KLEEN-LZNE CORP MAZNT $UPPLZES # 155152 leA12o93 1ZTZO NESTERN CONTAZNER RECREATZON REFUND 155153 16o00 IZTZ1 IESTSZDE PACKAGZNGe ~NC. RECREATION REFUND 155156 77,51 1Z658 ~HEATON. MANDY RECREATZON REFUND Z55155 Zl,OO '12658 iHEATDNe HANDY RECREATION REFUND ~55156 1,50 12722 MZNKDTEX CUSA). TNC RECREATZON REFUND 155157 20,22 12723 YODERf CLARK RECREATZON REFUND 155158 150o00 12724 ZARGLZSf NARZA RECREATION REFUND 155159 iOoOO ** TOTAL 773e267,03 CITY OF RANCHO CUCAMONGA LIST OF NARRANTS FOR PERIOD= 08-16-00 (00/01) RUN DATE= OBI16100 PAGE= 1 ........... . ....... .............. .............;;;;-;;;;;;;;;;; .....................;:;;-;;---. ......;;;;:-;;;: ............, ....... ............................. , .........................................................................., ............ ~ CHECK# OVERL~F 667 ARROWHEAD CREDIT UNION VISA MONTHLY BILLINGS I 156296~ A.512.Z5 <(( 154295 - 156951 6090 KONGw SOPMAK BUSINESS LICENSE REFUND 156952~ (ZO.OO <(< 154953 - 155159 >)) 33030 HERSHEY, DAVE RELEASE OF DEPOSIT 155160~ 250.00 (<( 155161 - 155164 )>) 22223 SCMA REGISTRATION 155165 260.00 4635 A g K pHOTOGRAPHY PHOTO DEVELOPING ~ SUPPLIES 155166 41.21 I AA EQUIPMENT RENTALS CO.. INC. VEHICLE MAINTENANCE/SUPPLIES # 155167 79592.55 21226 AARDVARK RENTALS BUSINESS LICENSE REFUND 155168 6.45 2732 ABC LDCKSNZTHS MAINTENANCE SUPPLIES 8 155169 1TS.BQ 7 ABLETRONZC5 MAINTENANCE SUPPLIES # 155170 4367 ACCURATE SMOG, AUTOt TRUCK & VEHICLE HAINTENANCEISUPPLIE5 I 155171 638.80 3785 ACTION ART RECREATION SUPPLIES 8 155172 308.38 16 ACTION TRAVEL AGENCY AIRLINE TICKETS 155173 154.00 496 ALEXANDER, WILLIAM J- REFUND 155176 60.13 6354 ANAZON.COM UNIFORM AppLICATION REFUND 155175 lfOO0.OO 6354 AMAZON.CON UNIFORM APPLICATION REFUND 155176 2eOO0.O0 1430 AMERICAN BUSINESS FORMS OFFICE SUPPLIES 155177 387°34 ZZEZ7 AMERICAN CUSYOH CYCLE & ACCESSORIES BUSINESS LICENSE REFUND 155178 87.00 ZZZZ5 ANERICAN EARTH MOVING, INC. BUSINESS LICENSE REFUND 155179 6115 AMERICAN TRAINING RECOURCE, ZNC. RECREATION REFUNDS I 155180 18008.15 24 ARBOR NURSERY ZNCo MAINTENANCE SUPPLIES 155181 1,373o01 2Z237 ARRZAGA, HELEN RECREATION REFUND 15518Z 31.50 310 ARROW TRUCK BODIES & EQUIP ZNC NAINTENANCE SUPPLIES 155183 2,573°93 <C( 155184 - 155184 ))) 667 ARROWHEAD CREDIT UNION VISA HONTHLY BILLINGS # 155185 4i195.25 6255 ASSZ SECURITY MAINTENANCE SUPPLIES 155186 135o00 Z6 ASSOCIATED ENGINEERS pROFESSIONAL SERVICES 155187 360.00 Z437 ASSOCIATED GROUP MONTHLY MAINTENANCE SERVICE I 155188 1.800.00 2Z240 AVRZDLA, JOSE DISMISSED pARKING CITATION 155189 177o00 4102 O ~ K ELECTRIC WHOLESALE MAINTENANCE SUPPLEES 155190 12.23 ZZ233 BAE, NAURA RECREATION REFUND 155191 4475 BARNES & NOBLE LIBRARY SUPPLIES 155192 277.75 22232 BAUER, STACEY RECREATION REFUND 155193 35.00 6735 BAIT, ROBERT pLAN CHECK REFUND 155194 5OO.O0 22236 BELLO, HEATHER RECREAIION REFUND 155195 22238 BENART, HARZA RECREATION REFUND 155196 35.00 155197 113,63 6527 BEyOND.CON SOFTWARE 22228 BIEREND CUSTOM SECURITY SYSTEMS BUSINESS LICENSE REFUND 155198 37,40 4833 BOOKS ON TAPEe INC. LIBRARY SUPPLIES # 155199 21.55 ¢(( 155200 - 155201 ))> 4369 BRODART BOOKS LIBRARY SUPPLIES I 155202 27,663.85 ZZZ35 BRONN, LORRAINE RECREATION REFUND 155Z03 66.00 Z807 BSN - SPORT SUPPLY GROUPt ZNC. NETTING ~ RED HILL PARK # 155204 5e939.61 2ZZZ9 BURNHAM SERVICE COMPANY, INC. BUSINESS LICENSE REFUND 155205 2Z7.56 1648 C A P C A MENBERSHIP DUES 155206 110.00 OFFICE/MAINTENANCE EQUIPMENT 155207 lt131.38 lZ23 CALSENSE BUSENESS LICENSE REFUND 155108 173.55 CAREMARK RX 155Z09 TO0.O0 DEPOSIT REFUND 155210 123.67 cA.LLo, .ILLIF 22241 CARMEL APARTMENTS OVERPAYMENT CITY OF RANCHO CUCAHONGA LIST OF MARRANTS FOR PERIOD: 08-16-00 COO/01) RUN DATE: 08116/00 PAGE:Z · " .....""""""""" ....." .......' ....';;:;';;:;;;: ......""' ' ' ":A...0UR... A.Y. ~ CHECKt OVERLAP 65Z0 CDNOH, ZNCo RECREATION REFUNDS I55211 1,000.00 5656 CHANDLER AGGREGATE, INC. CONTRACT SERVICE I I55212 6~82A.76 6052 CHARTER CONHUHZCATZONS ADVERTISING FEE i 155213 575°00 5716 CHAVEZ, MICHAEL HILEAGE REZNBURSENENT 1552IA 21.13 488 CHEVRON U S A. INC GASOLINE CHARGES 155215 11Z,91 22236 CHHATA, ANGZRA RECREATION REFUND 155216 35,00 5958 CHZVERS AUDIO EOOKS LIBRARY SUPPLIES ~55217 6.50 ~279 CLARK, DEBORAH REZHBURSE FOR BUSINESS EXPENSE 155218 26.88 646~ COASTAL BUILDING SERVICES, INC. JANITORIAL SERVICES 155219 14,605.00 2Z230 COHPUTER DATA RESCUE BUSINESS LICENSE REFUND 155Z20 14.~6 2362 COHSERCO, ZNC. SERVICE/REPAIRS i I55221 905.88 6738 CONNER, CLAUDE Co BUSINESS LICENSE REFUND 155222 22o52 22239 CDROB, GREG DISHISSED PARKING CITATION 155223 55°00 6705 CRANEVEYOR CORPORATION RECREATION REFUND 15522~ 193.95 5226 CRONER pUBLICATIONS pUBLICATIONS 155225 129o95 <(( 155226 - 1552Z1 >>> 85 CUCANONGA CO HATER DZST HONTHLY HATER BILLINGS I 155228 16,729.85 22231 CUCAHONGA SCHOOL DISTRICT DEPOSIT REFUND 155229 l,OOO.O0 239 D ~ K CONCRETE CO STREET HAINTENANCE # 155Z30 2,~27o63 673~ DAVIS, CINDV pARKING CITATION REFUND 155251 500DOg ~1125 DAVIS, KIH RECREATION REFUND 155232 7°00 ~136~ DAVIS, TERESA RECREATION REFUND 155233 30o00 ~1365 DEBIE*S CERANICS BUSINESS LICENSE REFUND 155234 11,50 839 DIETERICH INTERNATIONAL TRUCK VEHICLE HAINTENANCE DISNEYLAND TICKETS 155236 1,~30o00 3130 DISNEYLAND 155237 ~1371 DRAKE, GLORIA RECREATION REFUND 155238 70.00 ~1366 DUNNINGTON, NENDT RECREATION REFUND 5869 DURO, KELLY pROFESSIONAL SERVICES 155239 500°00 · 1556 DUTTON, TIN RECREATION REFUND 1552~0 28.00 A1091 ENLENBURG, JACKIE RECREATION REFUND # 155Zil 80.00 336~ EIGHTH AVENUE GRAPHICS OFFICE SUPPLIES I55Z~Z 151.93 ~1367 ESPINOZA, LAURA RECREATION REFUND 155ZA3 I7o50 ~13T0 EVANS, LZNDA RECREATION REFUND I552&6 70.00 229 ENING IRRIGATION PRODUCTS IRRZGATZON SUPPLIES ISSZ~5 60o0I 6~61 FAXON CD., THE LIBRARY SUBSCRIPTION I I552~6 1,852o01 184 FIELDNAN, ROLAPP & ASSOCIATES pROFESSIONAL SERVICES I55Z~7 1,851.50 6737 FORTUNE BUSINESS LICENSE REFUND 1552~B 65°00 5833 FRXTTS FORD EQUXPHENT 155249 29,357oA6 41Z38 FURCHX-D°ANNO, LESLEY RECREATION REFUND 155250 39°50 6626 G & N BUSINESS INTERIORS MAINTENANCE SUPPLIES 155251 ~,681.63 6232 GADABOUT TOURS, INC RECREATION 155252 1,281o50 ~S~O GALE GROUP, THE LIBRARY 80DKS I 155253 A~9o10 3356 GARCZA, VZVZAN MILEAGE REIMBURSEMENT 15525~ 28°28 61368 GEZGER, LISA RECREATION REFUND I55255 70°00 61369 GLEN, ANNA RECREATZON REFUND 155256 33°00 ~860 GLOBE FEARON OFFICE SUPPLIES i 155257 I01o06 6739 GOLDENHERSH, ANDREH CONTRACT SERVICES 155258 ZSO.OO 6761 GOLDENHERSH, LAURIE CONTRACT SERVICES 155259 300°00 <(( 155260 - 155260 >)) ~ 137 GTE CALIFORNXA MONTHLY TELEPHONE EILLINGS I I55261 3,262.32 61372 GU NATERCRAFT RENTALS, INC° BUSINESS LICENSE REFUND 155262 7.01 CZTY OF RANCHO CUCANONGA LIST OF WARRANTS FOR PERZOO: 00-Z6-00 C00101) RUN DATE: 08116100 PAGE: 3 .......... ........ .............· ..............;;;;';;;;;;;;;; ............ .........:;;;';; ........ ............' ........ cc~ GNECKR OVERLAP 53066 fiAHELy~ DEAHNE RECREATION 155165 33.00 5699 HARALANBO$ BEVERAGE COHPANY RECREATZON SUPPLIES 155166 525.60 6117 HARQ ENGZNEERZNG 8USZNESS LICENSE REFUND ~55265 50O.O0 BBOZB HARRZSe HARK RECREATION 155266 200.00 53037 HERNANDEZe JESSIE RELEASE OF OEPOSZT 155167 250.00 6686 HERTZ FURNZTURE SYSTEHS BUSZNESS LZCENSE REFUND 155~68 1~071.52 6150 NOLZDAY pRZNTZNG PR[NTING OF THE GRAPEVINE 155269 1T.662.00 ~55 HOLLZDAT ROCK CO.. ZNC. HAINTENANCE SUPPLIES # 155170 1~536.56 6587 HOLNES C NARVERe ZNC. RECREATION REFUND 155171 St596.15 ZZS5 HQLT*S AUTO ELECTRZC NAXNTENANCE SUPPLIES 155Z72 Z69.38 <¢< 155273 - 155275 6033 HONE DEPOT CREDZT SERVZCE HAZNTENANCE SUPPLIES # 155276 Zt16Z.T3 ~256 HOSENAN HAZNTENANCE SUPPLIES 255275 19.90 695 HYDRO-SCAPE pRODUCTSt [NC LANDSCAPE NAZNTENANCE SUPPLZES I ~55276 1218 ZNDUSTRZAL DZSTR18UTZON GROUP HAINTENANCE SUPPLIES 155277 15Zo66 5EBZ INLAND ZNDUSTRIAL HEDZCAL GROUP pROFESSIONAL SERVICES t 155278 125,3B 92 INLAND VALLEY DAZLT BULLETXN SUBSCRIPTIONS ~55279 ~56o96 12Z ZNLAND VALLEY DALLY BULLETIN ADVERTZSZNG I 155280 6,876.35 32063 JANECK, LZNDA REINBURSEHENT 155281 37,08 6565 JOHNSONB CHARLOTTE SUBSCRIPTION RENERAL 155282 539.00 6667 KoE,C, ENGZNEERZNG RECREATION REFUND 155285 60,OOOoOO 33066 KZBBT, 8RZOGETT RECREAYZON 155286 51,50 6090 KONG, SOPHAK BUSZNESS LICENSE REFUND 155285 680,00 35050 LAERECQUEe BARBARA RECREATZON # 155286 65°00 6262 LAZDLA~ TRANSIT, ZNC° TRANSPORTAT:ON SERVZCES 15528T 555°76 193 LAZRD CONSTRUCTZON CO pRDFESSZONAL SERVZCES 155ZBB 28,650.00 33053 LAKEES, DEBRA RECREATZON I 155289 30°00 33032 LANCE SOLL & LUNGHARD BUSINESS LICENSE 155Z90 86°83 367 LEAGUE OF CALIFORNZA CZTZES FZNANCIAL MGHT. NEETZNG # 155291 715°00 35066 LEE, JAN RECREATZON 155292 105.00 5886 LZLBURN CORPORATZON pROFESSZONAL SERVZCES 155293 1,260°85 1655 LONG*S DRUGS FZLN pROCESSZNG 155296 31o08 53039 LOPEZ, TRACT RECREATZON 155295 70°00 5662 LOS ANGELES COCA COLA BTL, CO. RECREATZON SUPPLZES 155Z96 ZZG°6T ZOO LOS ANGELES TIRES SU6SCRIPTZQN I 155297 6~°T6 33062 LUZALLAt TANHIE JOHNSON RECREATZON ~55298 51o50 33031 LUCKY NOK BUSZNESS LICENSE 155Z99 88.60 33055 NAGZC TOUCH LANDSCAPE RELEASE OF OEPOSZT 155300 250°00 35051 NANN, J$N RECREATZON 155501 30°00 569 HARZPBSA HORTICULTURAL ENT°ZNCo LANDSCAPE MAZNTENANCE I 155302 1,7Z7o08 lZT[O HARNOLEJDt DELMA BUSZNESS LZCENSE REFUND 155303 250°00 6727 HARSHALL PLUNBZNG REHAB. pROGRAN # ~55306 526°76 250 HARTZNEZ TOMZNG AND AUTOHOTZVE TUiZNG SERVZCES I 155305 360°00 6TZ9 NARTZNEZe DAVZD RECREATZON REFUNDS 155306 30O°QO 38Y~ NATT'S NARDHARE HAZNTENANCE SUPPLZES 15530T ZT°50 7172 HELTON~ GARY REFUND PEAS DEDUCTION 155308 58°00 33063 NELTONe TONZ RECREATZDN # 155309 T6°00 33033 METAL ROOFZNG MHOLESALE BUSINESS LZCENSE 155310 23.00 METER~ PAT REINBURSENENT FOR SUPPLIES ~55311 750°00 ,ZC,AELS STORES ZNC. ,302 RECREATION SUPPLIES 6750 H~CROSOFT TECHNET RECREATZON REFUNDS ~5531B I CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: 08-16-00 COO/Q1) RUN DATE~ 08116100 PAGE; 6 VENDOR NAHE ITEM DESCRIPTION WARR NO ~ARRo ANT. ~ CHECKI OVERLAP 6376 NOOILE STORAGE GROUP. ZNCo EQUZPHENT RENTAL 155316 133.99 2268 NAPA AUTO PARTS VEHICLE HAINTENANCE I 155315 158oZ0 766 NATIONAL DEFERRED DEFERRED CDNP 155316 Z,616o00 33056 NEI REPUBLIC. THE SUBSCRIPTION 155317 29.97 6139 NEMSMEEK SUBSCRIPTION 155318 29.70 633 NIXON-EGLI EQUIPMENT VEHICLE HAINTENANCE 155319 6°60 33061 NORRIS, KINBERLY RECREATION 155320 16o50 33056 O'SHEA ELECTRIC RELEASE OF DEPOSIT 155311 1,000o00 ((( 155321 - 15532Z 513 OFFICE DEPOT OFFICE SUPPLIES # 155313 1,673o81 6586 OLIVA, PHILIP RECREATION REFUNO 155326 lZ0.00 232 DHNITRANS BUS PASSES B 155325 399°00 1911 P A P A pESTICIDE ApPLZCATORS SEMINAR 155326 55°00 3682 pACHON, ANDREM REIMBURSEMENT-SUPPLIES 155317 60°00 1813 PAGENET PAGING SERVICE 8 155328 1~138.71 33036 PANATTONZ RELEASE OF DEPOSIT 155319 109000.00 33026 pARADA. BERTHA RECREATION 155330 ZOOBOO 33067 PARK. BONGSDON RECREATION 155331 70°00 6267 pETE°S ROAD SERVICE VEHICLE SERVICE & SUPPLIES 155332 171.28 33035 pETSHART, ZNCo B 125 BUSINESS LICENSE 155333 46.00 33065 PIERCE, MENDY RECREATION 155336 35.00 6168 PZRON, SHAUN CONTRACT SERVICES 155335 186o00 33036 pZZZAHUTIDELIVERY # 705302 BUSINESS LICENSE 155336 Z3oOO 6206 PLANNING CENTER, THE BUSINESS LICENSE REFUND I 155337 61.056.30 155 PDHA OZSTRIOUTZNG CO VEHICLE MAINTENANCE & SUPPLIES I 155338 1,610o32 1069 POMONA VALLEY KAMASAKZ VEHICLE MAINTENANCE SUPPLIES I 155339 2.933°20 33038 PDUERS. DEBORAH RECREATION 155360 18,00 738 pRAXAIR DISTRIBUTION, 1NC° MAINT/RECREATION SUPPLIES I 155361 115o93 583 pROTECTION SERVICE INDUSTRIES pROTECTION SERVICES-LIONS CNTR 15536Z 96°66 65 pRUDENTIAL OVERALL SUPPLY NAZNTENANCE SUPPLIES B 155343 22°23 33052 pRUDHOHHEe LZNDA RECREATION B 155366 610.00 33069 PURKEY9 CONCHETTA RECREATION 155345 35.00 5899 QUALITY ONE ENGRAVERS OFFICE SUPPLIES B 155346 6T.SZ 6569 QUINN, SHERLINE BUSINESS LICENSE REFUNO 155367 365°63 38060 QUZNTANAe VIVIAN RECREATION 155360 33.00 618 R H A GROUP SOIL TESTING SERVICES # 155369 363.00 TO RANCHO CUCANDNGA CHAMBER NENBERSHZP HEETING B 155350 36&°&Z 12766 REDNANm STEPHANZE REIHBURSEHENT ZCBO CERTIFICATE 155351 11.00 5516 REXEL CALCDN ELECTRICAL SUPPLIES ELECTRICAL SUPPLIES i 155352 139o86 6512 RIA GROUP BUSINESS LICENSE REFUNDS IE5353 BEE.T6 176 RIVERSZOO BLUEPRINT PRINTS 155354 300.95 12726 RODGORSe HELEN RECREATION REFUND 155355 70°00 lZTZ7 RUIZe HARY RECREATION REFUND 155356 35.00 12718 RUSLIJ DAIST RECREATION REFUND 155357 16o00 6629 RVC ROADWAY CONSTRUCTION, INCo RECREATION REFUND 155358 159151°10 1292 S ~ S ARTS AND CRAFTS RECREATION SUPPLIES 155359 10.76 5538 SAN ANTONIO MATERIALS HAINTENANCE SUPPLIES # 155360 3e016.61 581 SAN BERN COUNTY CAL-ID pROGRAM 155361 150.00 155362 312°00 1298 SAN BERN COUNTY ASSESS0R°S OFFICE SUBSCRIPTION 155363 127.1T '-....(;;~279 SAN BERN COUNTY SUN SUBSCRIPTION 305 SAN BERN COUNTY TRANSpORTATION/FLU AGREERENT FLOOD CONTROL 155366 896.13 CZTY OF RANCHO CUCANONGA LZST OF MARRANTS FOR PERZOD: 08-16'-00 C00/01) RUN DATE= 08/16/00 PAGE= 5 ................. , ............................;;;;-;;;;;;;;;;; .....................;:;;-;; ..........;;;;:-;;;: ............ ....... ................ . .................................................................? ............· .............' ....... ~ CHECKt OVERLAP 132 SAN DZEGO ROTARY BROOM CO, INC MAZNT SUPPLXES 155365 646.50 1Z729 SANCHEZe NZCZA RECREATZON REFUND 155366 68.00 5088 SANTA FE SPRZNGSe CETT DF L11ERACT PROGRAM 155367 100o00 1Z651 SEA 1NCo RECREATZON REFUND 155368 1,606o50 12651 SEA ZNC. RECREATZON REFUND 155369 4,331,00 4350 SCHNEXDERNENT, KAREN LXBRARY SUPPLZES 155370 13,00 12730 SHAM, KALX RECREATION REFUND 155371 35°00 6760 SIR JAMES ERDNN TAX REFUND 155372 300.00 1327 SMART & FINAL DAY CAMP SUPPLXES I 155373 1,318.58 6086 SMART MONE1 SUBSCRZPTEON 155374 15.00 C(( 155375 - 155375 317 SO CALZF EDISON CO. MONTHLY ELECTRIC 6ZLLZNGS I 155376 87,891.04 1432 SOUTHERN CALZFORNZA EDISON MONTHLY ELECTRIC 8ILLS 8 155377 32t036o59 1432 SOUTHERN CAL/FONNZA EDZSDN MONTHLY ELECTRXC 01LLS 155318 4e105.92 6315 SOUTHNEST AERZAL & CRANE XNSPECTORS RECREATION REFUND 155379 Z75o00 12747 SPECIALTY ROOF RECREATZON REFUND 155380 2e192.00 IZ731 SpELLMANe STEVE RECREATION REFUND 155381 3e508o00 6343 STADIUM SELF STORAGE BUSINESS LZCENSE REFUND 15538Z le110.00 12732 STAFF, SAUNDRA RECREATZON REFUNO 155383 35.00 6652 STARNAY pRODUCTROME RECREATION REFUND 155384 7,650o00 3597 STATE OF CALZFORNIA ANNUAL RENT-TRANSFER SXTE 155385 939°74 12733 ETATON, SHELLY BUSZNESS LICENSE REFUND 155386 96.00 12739 STEXNe VLASTA RECREATION REFUND 155387 30.00 3607 STREET TREE SEMINAR TREE SEMXNAR 155388 30.00 4733 SUNRZSE FORD AUTO SERVICE & SUPPLIES A 155389 396.67 12734 TAH DAH! OUSXNES$ LZCENSE REFUND 155390 18.45 12735 TARDENCZLLA, RUTH RECREATION REFUND 155391 17.50 2344 TARGET yOUTH pROGRAM & DAY CAMP $UPPL # 15539Z 199.95 2344 TARGET yOUTH PROGRAM & DAY CAMP SUPPL 155393 131o34 394Z TERNINXX ZNTERNATZONAL MONTHLY PEST CONTROL SERVICE 155394 150.00 12736 THELEN, ALAN RECREATION REFUND 155395 24°50 11990 THOMPSON, MIKE RECREATION REFUNDS 155396 IZ.50 4351 TOBZN, RENEE RECREATION REIMBURSEMENT 155397 48°03 12737 TRAN, TERESA RECREATZON REFUND 155398 35.00 12738 TRAVERSD, 8EATR~Z RECREATION REFUND 155399 17.50 6554 TURCH ~ ASSOCIATES, DAVXD CYBORG pAYROLL TRAZNZNG 155600 4,000.00 2737 U C REGENTS POCKET GUXDE 155401 144.00 2737 U C REGENTS pOCKET GUIDE 15540Z 144.00 5155 U S BANK TRUST LEASE pAYRENT A 155603 293381005,01 350 U S pOSTMASTER POSTAGE LANDSCAPE NENSLETTER 155404 320o00 6060 U S T MONZTOR REPAIR RECREATION REFUNO 155405 280.51 6665 UNZON BANK OF CALIFORNIA RECREATZQN REFUND 155406 6,000.00 SUBSCRZPTZON 155407 128.22 5306 USA TODAY 155608 28.00 12740 VARGAS. KRXSYIE RECREATZON REFUND 6653 VETRONZX SALES CORP. REFUND LANDSCAPE MAXNT DZST. 155409 0,377,56 12745 NALKER9 SARAH RECREATZON REFUND 155410 68°00 IZ743 HALKERR SOPHIE RECREATZON REFUND 155411 14.00 \ 40OZ HASTE MANAGEMENT HASTE MANAGEMENT I 155612 605.00 ~ 2L3 iAXZEe KLEEN-LZNE CORP MAZNT SUPPLIES 8 155613 615,33 12741 NHZTE, LXNDA RECREATZON REFUNO 155414 43Z,00 RECREATZON REFUND 155615 35°00 12742 NXLDE, YVETTE I CITY OF RANCHO CUCANONGA LIST DF WARRANTS FOR PERIOD: 08-16-00 COO/Q1) RUN DATE: 08116100 PAGE= 6 VENDOR NANE ITEM DESCRIPTION WARR NO WARRo ANT. O0 CHECKe OVERLAP 6656 :':ZSE CHILDe THE pUELICATZONS 155616 563,75 O0 TOTAL 2m887,914o16 CZTY OF RANCHO CUCANONGA LEST OF MARRANTS FOR pERIOD: 08-Z3-00 (O01Ol) RUN DATE: 08/Z3/00 pAGE~ ZTER DESCRIPTION ~ARR NO ~ARRo ANT, 1829 SHARED TECHo FAZRCHILD TELECOHg INC TELEPHONE SERVECES 153165 12710 MARNOLEJOe DELNA OUSINESS LZCENSE REFUND 155115 250°00- ((( 155116 - 155160 317 SO CALZF ED150N CO, MONTHLY ELECTRZC OILLINGS 155161~ 33076 JAVA TO~N HEETZNG 155162~ 87o71 ((( 155163 - 155273 4033 HOME DEPOT CREDTT SERVICE NAZNTENANCE SUPPLIES I 155Z74 2e162.73- 32534 LOCAL AGENCY FORNATION COHNZSSZON LAFCO AppLZCATEON 155417~ 6eZO0oO0 22260 BEST ~ESTERN EXECUTIVE ZNN REGZSTRAT%ON 155420~ 554.88 6640 3N RECREATZON REFUND I 155~13 436°67 I AA EQUZPNENT RENTALS CO., ZNCo VEHICLE HAZNTENANCE/SUPPLZES 1554Z4 70°38 7 ABLETRONZCS HAZNTENANCE SUPPLIES I ~55416 ZJl ADT SECURZTY SERV~CESe INC. ALARH SERVlCE 155427 182.00 5231 AEF SYSTEMS CONSULTZNG~ ZNC. PROFESSZONAL SERVICES # 155428 7.862o90 155429 1826 AZRTOUCH CELLULAR CELLULAR PHONE BILLZNGS/~ # 155A30 228o06 4337 ALFAX MHOLESALE FURNZTURE~ ZNC. OFFICE EOUIPHENT 6745 ALL PRO ELECTRZC RECREAYZON REFUND 155431 416o98 3448 ALL NELDZNG MAZNTENANCE REPAIRS I 155432 3.219.17 6190 ALLEN, TONY ZNSTRUCTOR pAYMENT 155433 314.00 973 ALpHAGRAPHICS OFFIC~ SUPPLIES # 155434 12014o8D 17 ALTA FZRE EQUZPNENT CO. SERVICE/SUPPLZES 155435 1693 ANTECH ELEVATOR SERVZCES NONTHLY SERVICE I 155436 837.34 24 ARBOR NURSERY ZNCo MAINTENANCE SUPPLIES 155437 ~e697o06 5807 ARCHZTERRA DESZGN GROUP pROFESSIONAL SERVZCES # 155438 600.00 1191 ARCUS OATA SECUR~TT DATA STORAGE 155439 367°50 667 ARROWHEAD CREDIT UNION VISA MONTHLY 8ZLLZNGS I 155440 Ie917o99 2Z254 AVALOS~ JU~V RECREATZON REFUND 155441 96.00 6690 A~ARENESS LEARNING INCo SUBSCRZPTZON 1554~Z le036.00 ~343 BANK OF AHERZCA pROFES$ZQNAL SERVZCES 1554~3 ZZZ57 8ATTAFARANOe RAQUEL RECREATZON REFUND I 155445 130DO0 ZZZA9 BATTAFORANO, RAQUEL RECREATZON REFUND 15546.6 4323 BELLSOUTH ~ZRELESS DATA L.Po COMMUNZCATION CHARGE # 155447 3e580.31 555 BENEFZELDf KZNGSLET INSTRUCTOR pAYMENT 155448 165.24 2810 ~ERNELL HTDRAULZCS, ZNC. NAZNTENANCE SUPPLZES 155449 16.00 1247 BLAKE pAPER CO,g ZNC. RECREATION SUPPLIES 155~50 4699 BORDNERI NARGZE ZNSTRUCTOR PMT 155451 837°30 2ZZA5 BOMLER, CYNTHIA RECREATZON REFUND 155652 7.00 6695 BOYLE ENGZNEERZNG BUSINESS LZCENSE REFUND # 155453 27e895.43 5859 BRENNAN, CMERYL CASH ADVANCE S55454 60.00 5859 BRENNANt CMERYL # 155456 ZZZ43 BRZTTEN, JULZE RECREATZON REFUND ZZZ53 BROOKS-NELVZNf CATHZ RECREATEON REFUND 155457 40°00 ~ 6692 BROTHERS NURSERY OFFZCE SUPPLZES 155458 ZB.0Z ~ 1166 BRUNSNZCK DEER CREEK LANES iNSTRUCTOR pAyRENT 155459 1,306.40 CITY OF RANCNO CUCAMDNGA LIST DF MARRANTS FOR PERIOD: 08-23-00 (00/01) RUN DATE: 08/23100 PAGE: Z ITEM DESCRIPTION WARR NO MARR. ANT. ~ CHECKe OVERLAP 22256 BUZGUESe ADRIAN RECREATION REFUND 155660 60.00 21166 OURTONe JENNIFER RECREATION REFUND 155661 1559 C A L 8 0 CAL80 ABM MEETING i 155662 165.70 ZZZGI C.D. MATTHESm INCo DISMISSED PARKING CITATION 155663 107.D0 Z1251 CABEZA, AUDREY RECREATZDN REFUND 155666 36.00 1851 CAL MESTERN PAINT NAZNTENANCE SUPPLIES 155665 Z~010.31 22259 CARRAIGE ESTATES LP OVERPAYMENT ON PERMITS 155666 251.60 ZZZSO CHAMBERS, KATHLEEN RECREATION REFUND 155667 35°00 6052 CHARTER CONMUNICATIONS ADVERTISING FEE 155668 19566.08 713 CMICK'S SPORTING GOODS [NC RECREATION SUPPLIES 155669 168.09 969 CLARKm KAREN INSTRUCTOR PAYMENT 155670 268.80 5533 CLAYTON GROUP SERVICESe INC. PROFESSIONAL SERVICES 155671 966.15 ZZZ66 COGSMELL, VICTORIA RECREATION REFUND 185671 ZZZSZ CDLETTA~ ANY RECREATION REFUND 8 155673 130o80 1670 COLTON TRUCK SUPPLY VEHICLE MAINTENANCE SUPPLIES 155676 ZoTZ 5607 COMBINED MARTIAL SCIENCE INSTRUCTOR pAYMENT 155475 936.80 6301 COMPUSA~ INC. 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RE[M8 MASTER PLAN STORM DRAIN # ~55500 ~5~277o23 5788 DUFFY, RICK/USKO INSTRUCTOR PAYMENT ~55501 210.00 6Z05 DYNAMIC GRAPHICSt [NCo DFFZCE EQUIPNENT 155502 58°95 61375 ECK 8UILD[NG SPECIALTIES BUSINESS LICENSE REFUND 155503 12o60 6716 ECONDMICS PRESSe [NC,, THE SUBSCRIPTIDN 155506 68°88 3366 EEGHTH AVENUE GRAPHICS OFFICE SUPPLIES # [55505 838.65 5137 EMPIRE NODILE HONE SERVICE pROFESSIONAL SERVICES 155506 ZOODO0 Z369 ESGIL CORPo pROFESSZDNAL SERVICES # 155507 3Z,397o5~ pROFESSIONAL SERVICES 155508 50o00 55Zl EXpERIAN [55509 57Zo00 61376 FAIRMONT HCTEL & RESORTS TRAVEL ~ MEETINGS 616I FAXON CO.e.THE LIBRARY SUBSCRIPTION 155510 516o98 155 F$LARSKY G MATT CDNTRACT SERVICES 155511 ZeD55.OO % 1909 FILTER RECYCLING SERVICE~ INC. MAINTENANCE SUPPLIES 155511 I95o00 ~ 6556 FENESSE pERSONNEL ASSOCIATES pERSONNEL SERVICES # 155513 3,338o95 CZTY OF RANCHO CUCANONGA LZST OF ~ARRANTS FOR PERZOD; 08-13-00 (00/01) RUN DATE: 08113100 PAGE: 3 ZTEH DESCRIPTZON ~ARR NO ~ARRo ANT. VENDOR NANE ~ CHECKK OVERLAP 3088 FIRST STOP NDTORSPDRTS, INC. VEHZCLE HAINTENANCE 155514 16o16 4371 FISHER SCIENTIFIC HAZNTENANCE SUPPLZES I 155515 1,519.93 6440 FLUORESCO LZGHTING HAZNT[NANCE SUppLIES/SERVZCE # 155516 695°75 4761 FOOTHILL FANILT SHELTER FANZLY SHELTER 155517 41314 FOSTER, ANCRIANNA Jo RECREATZON REFUND 155518 35.00 5918 G E SUPPLT HAZNTENANCE SUPPLIES 155519 6231 GADABOUT TOURS, ZNC RECREATZON 155510 350.00 4540 DALE GROUP, THE LZBRART BOOKS 155511 90o31 41577 GALEAZZI, MARCY RECREATION REFUND 155511 35.00 41316 GAHALZNDA, AILEEN RECREATION REFUND 155513 3356 GARCZA, VIVZAN MILEAGE REIMBURSEMENT ~55514 10o00 5501 GZORDANO, HARZANNA ZNSTRUCTOR pAYHENT 15552B 136.R0 1870 GOMEZ, RZCK REZ~BURSENENT 155526 150o00 1245 GDNSALVES ~ SON, JOE A. LEGZSLATIVE SERVZCES 155517 650 GRAZNGER, ~.W. NAZNTENANCE SUPPLZES 155528 1~o95 5387 GST TELECON, [NCo ZNTERNET SERVZCES 155529 755°38 4486 GUAROZAN MECICAL PREHIUM 155530 949°83 41378 GUARTEt GLORZA RECREATZON REFUND 155531 35.00 41879 GUOLZELNO, PATTY RECREATZON REFUND # 155531 ~0.00 6383 HoVo CARTER COo BUSINESS LICENSE REFUND 155533 33083 HALDERSNt DEBRA RECREATION # 155534 166.00 6117 HANGER 18 BUSZNESS LICENSE REFUND 155535 128.00 5909 HASTT AWARDS RECREATION SUPPLZES 155536 987.67 Z855 HAVEN ~INE ~ LZQUOR CO. SUB-CONNITTEE HEETZNGS # 155537 333A HEZLIGt KELLY ZNSTRUCTOR pAyRENT 155538 945.36 4714 HI-~AY SAFETYt INCo MAINTENANCE SUPPLIES # 155539 [.052o85 158 HOLLIDAY ROCK CO.t INC° HAZNTENANCE SUPPLZES # [55540 613.12 C(¢ 155541 - ~55541 4033 HO~E DEPOT CREDIT SERVICE MAINTENANCE SUPPLZES # ~55542 ZeA67.00 3633 HONELESS OUTREACH pRGNS ~ EDUCATION MONTHLY SERVZCES ~ 155543 Zt849oO0 3634 HOUSE OF RUTH 93194 CDBG CONTRACT 155544 637°00 161 HOYT LUNBER CO.e S.H. MAINTENANCE SUPPLIES # 155545 435.19 Z412 HOYT~ RAyNGND ZNSTRUCTOR PAYNENT 155546 370.80 A95 HTDRO-SCAPE pROGUCTSw 1NO LANDSCAPE MAZNTENANCE SUPPLZES 155547 61.06 4188 Z D BURR NAINTENANCE SUPPLIES # 155548 ME~TZNG 155549 175.00 33082 ZACP # 155550 36o50 33063 IBACK, VIVIAN RECREATZON 858°99 AZGA IBN CORPORATION NAINTBNANCE SUPPLZES 155551 ~218 INDUSTRIAL DISTRIBUTION GROUP HAINTENANCE SUPPLIES # 155551 173o08 6689 ZNFANT FANILT SERVZCES PROGRAM INCo BUSINESS LZCENSE REFUND 155553 6681 INLAND FAZR NOUSZNG & NBDZATZON BUSZNESS LICENSE REFUND 155554 ZZ.50 ATe7 INLAND LIBRARY SYSTEN HENBERSHIP DUES 155555 15.00 lZZ INLAND VALLET DAILY BULLETIN ADVERTZSIN& 155556 3,873.15 1315 INLAND WHOLESALE NURSERY HAINTENANCE SUPPLZES 155557 139o17 155558 300.00 33085 ZNSURANCE EDUCATZONAL ASSOCo HEETING 33086 INSURANCE EDUCATZONAL ASSOC. NEETING 155559 295.00 3451 INTRAVAZA ROCK ~ SAND NAINTENANCE SUPPLIES 155560 180o00 1507 ZNVENSYS BUILDING 5ySTENS INC. SERVZCE/SUPPLIES # 155561 377.80 33060 ISHERWOODf LINDA RECREATZON 155561 70°00 155563 56.00 ~ ~3067 JACKSON, BARBARA RECREATZON 66.00 ..~53066 JENNZNGSw STEPHEN RECREATION 155564 I CITY OF RANCHO CUCAHONGA LIST OF MARRANTS FOR PERIOD: 08-Z3-00 CO0101) RUN DATE: 08123100 PAGE: 4 ZTEN DESCRIPTION NARR NO WARRo ART. ~ CHECK# OVERLAP 6565 JOHNSDNI CHARLOTTE SUBSCRIPTION RENEWAL 155565 33065 KANESHINA, HATILDA RECREATION 155566 7°00 6568 KASHEF2NEJAD; FARZSM BUSINESS LICENSE REFUND # 155567 Z,275.00 3308& K[MEROUGH~ NANCT RECREATION 155568 35°00 619] KLAMATH BAY RECREATION REFUND 255569 684.A6 1024 KOCH MATERIALS COMPANY MAINTENANCE SUPPLIES # 155570 23e725o6I 6090 KONG, SOPHAK BUSINESS LICENSE REFUND I5557X 480.00 %TZ KOZLOVICHt DEB8ZE INSTRUCTOR pAyMENT I55572 I~831.20 193 LAIRD CONSTRUCTION CO PRDFESS2ONAL SERVICES I55573 42.598.94 195 LANCEw SOLL ~ LUNGHARD AUDIT SERVICES 255574 3e913.00 6578 LANDATA AIR8ORNE SYSTEMS REFUND PLAN CHECK FEE i 255575 29m653o00 5216 LAS ROSAS - EMMA SORCINI INSTRUCTOR PAYNENT 255576 I87o50 849 LANSON PRODUCTS. INC. MAINTENANCE SUPPLIES # 155577 3306Z LEE# JENNSE RECREATION 155578 33°00 33062 LEEe TRACY RECREATION 155579 35°00 551Z LIBRARY VIDEO COMPANY LIBMART SUPPLIES 155580 54Z9 LITERACY PRO SYSTEMS# ZNCo LZ8RARY 1555ei 429.92 5662 LOS ANGELES COCA COLA ETL. CO. RECREATION SUPPLIES 155582 243°83 33070 LYON. CZNDY RECREATION 155583 40.00 1062 H C [ NORLDCOM TELEPHONE SERVICES # I55584 805o71 5732 M T I COLLEGE MISC # I55585 6553 MAGRUDER~ KAREN REGISTRATION FEE 155586 a6.~O 72 MARK CHRISt [NCo VEHICLE NAINTENANCE SUPPLIES # 155587 273.68 33069 MARQUEZe LDRENA RECREATION 155588 26.00 4727 MARSHALL PLUMBING REHAB. PROGRAM i 155589 2,469o33 4702 MARSHALLe SYLV2A RECREATION REFUND 155590 782.48 5922 MARTIN INDUSTRIES pOLICE SUPPLIES 155591 ZEIoZ3 5560 HARVAC MAINTENANCE SUPPLIES I ISSSgZ 3.Z50.59 5375 MASTER BUILDING SPECIALTIES MAINTENANCE SUPPLIES 155593 5283 MATER# C08LE ~ PALHER pROFESSIONAL SERVICE 155594 5300 MATER# CO8LE & PALHER pROFESSIONAL SERVICES 155595 %,039o22 33058 MCCONNELLw CHERTL RECREATION 155596 ZI.O0 3306A MCCOY, ESTHER RECREATION 155597 4536 METROPOLITAN COOPERATIVE LIBRARY MEMBERSHIP DUES I55598 I50o00 5052 HIDNEST TAPE LIBRART SUPPLIES # 155599 451.8A 149 MIJAC ALARM COMPANY ALARM SERVICES 155600 390.00 3860 MOBILE MINI, INC. STORAGE SUPPLIES # 155601 4374 MOBILE STORAGE GROUP~ INC~ EGUIPMENT RENTAL 15560Z 135o3A 3307& MORAN, VICTORIA RECREATION # 155603 60°00 728~ MORRIS, CATHY REFUND PERS DEDUCT[ON I55604 172o17 155605 33057 NAKAHA~ ZAR[NA RECREATION ((( 255606 - 155606 Z248 NAPA AUTO PARTS VEHICLE MAINTENANCE # 155607 6687 NATZON°S RENT SETTLEMENT OF CLAIH 155608 le054oZ1 33073 NAVARETTEe JESSE RECREATION 155609 50.00 33079 NENSTAR MEDIA# INC° LIERART SUPPLIES 155610 33080 NEWSTAR HEDZAe ZNCo L2ERART SUPPLIES 155611 26°00 433 NIXON-EGLI EGUZPMENT VEHICLE MAINTENANCE # 1556IZ ZZIoI5 HEMBERSHIP DUES 155613 290°00 5314 NRPA RECREATION I55614 28.00 71,49 \33059 D'HARA, JAHIE 155615 C~ 1212 D'NEALt DZANE CASH ADVANCE CZTY DF RANCHO CUCANONGA LEST OF MARRANTS FOR PERZOO: 08-23-00 (00101) RUN DATE: O8/Z3/O0 PAGE: 5 ZTEM DESCRXPTZON WARR NO MARRo AMTo ~ CHECKA OVERLAP 4853 DCLC~ ZNC° CORE SERVZCES CHARGES t 155616 107.71 <C( 155617 - 155658 ))) 523 DFFZCE DEPOT OFF$CE SUPPLZES # 155619 10~122.47 3307~ OH, JENNY RECREATZON 155620 30°00 6584 OLZVA, PHZLZP RECREATZON REFUNO 155621 527 OLTNPZC STUDZOS ZNSTRUCTOR pAYMENT 1556Z2 2.628°00 6498 DHEGA MZCRQFZLM CORPQRATZON RECREATZON REFUND 155623 175o00 3964 ONTARZO ZCE SKATZNG CENTER ZNSTRUCTOR PAYMENT 15562A 2410 ONTARZOe CZTY OF QUARTERLY 6ZLLZNG 155625 80,926o00 235 OMEN ELECTRZC MAZNTENANCE SUFPLZES # 155626 2,325o71 33072 ONEN$, JENNIFER RECREAIZDN 1556Z7 16o00 Z441 PACZFXC 6ELL MAZNTENANCE SUPPLZES e 155628 6287 pACZFZCARE OF CALZFORNZA RECREATZDN REFUND 155629 34~775o20 33081 PANNONE~ LZNDA RECREATZON 155630 179.50 4223 PAPER DZRECT, ZNCo RECREATZON SUPPLZES Z55631 22°99 5217 PAPER SND~CASE SUPPLZES 155632 385.13 818 pARAGON BUZLD~NG PRODUCTS ZNC. CONCRETE SUPPLZES 155633 3Z.33 33047 PARKs SONGSOON RECREATZON 155634 35°00 5318 PARKER~ SHANNON ZNSTRUCTOR pAYMENT 155635 156.00 5409 pARTSNASTER~ ENCo NAZNTENANCE SUPPLIES 155636 38.79 22061 pENZNSULA LZBRARY SYSTEM LZORARY SUPPLZES 155637 50o00 5720 PERVO PAZNT CO. MAZNTENANCE SUPPLXES 155638 2~124o84 4267 pETE°S ROAD SERVZCE VEHZCLE SERVZCE ~ 5UPPLZES [55639 315o50 6205 pETERNAN LUMeER EARTHQUAKE pREPAREDNESS KZT Z55640 250.52 33075 pETRONZZO, FDNDA RECREAYXDN 155641 30.00 6211 pEONEER-STANDARD ELECTRONZCS RECREATZON REFUND 15564Z 26,260°01 542 PEP pRZNTZNG RECREATZON SUPPLZE$ 155643 95°90 6148 PZRON~ SHAUN CONTRACT SERVICES 155644 791 pM$1DELTA CARE MEDZCAL ZNSURANCE 155645 ~154o07 255 pO~A DZSTR~BUTZNG CO VENZCLE NAZNTENANCE ~ SUFPLZES 8 155646 35~758°44 33068 PO~ELL, KARE RECREAT[ON ~55647 28.00 693 pONERSTRZOE BATTERY CO., INC. VENZCLE NAZNTENANCE SUPPLZES I 155648 660.98 758 pRAXAER ~ZSTRZBUTZON, ZNCo NAZNT/RECREATZON SUPPLZES I 155649 191.97 4401 pRAXAZR OZSTRZBUTZON, ZNCo EQUZPNENT RENTAL 155650 418.73 3500 pRECZSZON DyNANZCS CORPORATZON RECREATZON SUPPLZES # 155651 89.Z3 5316 pRECZSZQN GyNNASTZCS ZNSTRUCTDR pAYMENT 15565Z 546°75 33078 pREPRESS SELECT RECREATZON 155653 25.86 6643 pROFEEL BUSZNESS LZCENSE REFUND 155654 1,044.85 583 pROTECTZON SERVZCE ZNDUSTRZES pROTECTZON SERVZCES-LZONS CNTR I 155655 1.6A9.1Z 33077 pROVANTAGE AUTO [NC REZM~URSENENT 155656 Z,O00.O0 5556 GUALZTT 800KS, ZNC. LZORARY SUPPLZES I 155657 63o81 6569 QUXNN, SHERLZNE BUSZNESS LZCENSE REFUND 155658 345.63 345 R D 0 EQUZPHENT CD/POMERPLAN MAZNT SUPPLZES I 155659 22,736°95 418 R ~ A GROUP SOEL TESTZNG SERVZCES 155660 1,920.50 Z64 RALPHS GROCERY COMPANY RECREATZON SUPPLZES 15566~ 77.49 12748 RAMZREZ~ SHERRY REZMeURSEMENT 155662 40°00 12T49 RANCHO VALLEY NDOD~ORKZNG REFUND SDLVANG TRIP ~55663 26,63 ZZT50 REGNZERe JEAN 6USZNESS LZCENSE REFUND 155664 ~Z°O0 5665 REGULATION COMpLZANCEt ZNC, TRAZNZNG SERVZCES ' 155665 576°13 \ 6337 REZNNARDTe RZTA RECREATZON REFUND 155666 51Z°00 # 155667 ~01°9~ J~ 276 RZVERSZDE 8LUEPRZNT PRZNTS CZTY OF RANCHD CUCAMDNGA LZST OF HARRANT5 · , FOR PER10D: 08-Z3-OD (80/01) RUN DATE: 08/Z3100 PAGE: 6 ITEM DESCRIPTION WARR NO NARRo ANT. ~ CHECKA OVERLAP 16 ROTARY CORPORATION MAINTENANCE SUPPLIES I 155668 139o78 6673 RUTH STAFFING CDHPANiES, INC RECREATION REFUND 8 155669 6706 RUSH, CHRIS INSTRUCTOR PAYMENT 155670 276°21 lZ92 S C S ARTS AND CRAFTS RECREATION SUPPLIES i 155671 6117 S 6 ~ 0, INC. BUSINESS LICENSE REFUND 155672 A638 S C A C E O ANNUAL MEMBERSHIP DUES 155673 300.00 500 SAN BERN COUNTY REZM8 PARKING CiTATiONS 15567A 1.965o00 132 SAN DIEGO ROTARY BROOM CO, ZNC NAiNT SUPPLIES B 155675 1,681.99 12751 SANCHEZ, BEATRZZ BUSINESS LICENSE REFUND 155676 ABoO0 12752 SANDOVAL, ISABEL BUSINESS LICENSE REFUND 155677 200.00 1375 SCANTRON SERVICE GROUP CONTRACT RENENAL 155678 858°00 6TZ~ SCHEU STEEL RECREATION REFUNDS 155679 1~7°19 669~ SCIENCE SAFARI REFUND MAINT. SVCo EXPENSES 155680 255°00 6753 GELVAt BOB REFUND TREE REMOVAL PERMIT 155661 800.00 5950 SHESHUNOFF XNFORMATZON SERVICES ANNUAL/TST/ZMP 155681 3Z6o95 351 SiGN SHOP, THE NAZNT SUPPLIES 155683 16°16 1327 SMART & FINAL DAY CAHP SUPPLIES t 155686 90Z.A6 319 SO CALIF GAS COMPANY MONTHLY GAS EZLLS # 155685 le173o58 135 SO CALXF MUNiCiPAL ATHLETIC FED,1NC REGiSTRATiON 15568& 1,980.00 1Z756 SOTO, NANCY OVERPAYMENT ON PERMITS 155687 1~o00 12755 SOUP BASES LOADED, INC 96/95 CAMPAIGN 155688 63.60 12756 SOUTHERN CALIFORNIA ALARM RECREATION REFUND 155689 21o16 ((< 155690 - 155700 1~3Z SOUTHERN CALiFORNiA EDISON MONTHLY ELECTRIC 5iLLS t 155701 10,275o7~ 6733 SpHERZQN MAINTENANCE SUPPLIES 155702 160o00 155703 268.A0 6660 SPiNDLER CONSTRUCTION RECREATION REFUND 6286 'SPORT CHALET TEAM DiVISiON COMMUNITY SERVICES SUPPLIES 15570~ 23.00 3597 STATE OF CALiFORNiA ANNUAL RENT-TRANSEER SiTE 155705 3632 STEELWORKERS OLDTiMERS FOUNDATION OLDTINERS FOUNDATION 155706 836°82 3631 STEELWORKERS OLDTIMERS FOUNDATION OLDTiMERS FOUNDATION 155707 T08.33 5281 STERZCYCLEt iNCo SHARPS PROGRAM ~ 155708 ~96o9~ 6733 SUNRISE FORD AUTO SERV$CE& SUPPLIES e 155709 180o55 12757 T.M.C°i-, ZNC RECREATION REFUNDS 155710 12.60 2366 TARGET YOUTH pROGRAM & DAY CAMP 5UPPL I 155711 357oll 836 TARGET SPECIALTY PRODUCTS MAZNT SUPPLIES 155712 1,253o96 6116 TATLOR-DUNN ALARM SERVICE # 155713 168°39 6159 TECHNOLOGY SERVICES CONSULTING GRP OUSINESS LICENSE REFUND 155716 12,690o95 6569 TEE'S PLUS pOLiCE DEPT SUPPLIES 155715 778o18 396Z TERNINZX iNTERNATiONAL MONTHLY PEST CONTROL SERVICE # 155716 2Z9.00 3195 TERRA-CAL CONSTRUCTION, INC. BID pACKET OVERPAYMENT # 155717 2~Z,213o12 2718 TERRY, ODNNA iNSTRUCTOR pAyMENT 155718 Z99.70 12758 THAMS, JULIE RECREATION REFUNDS 155719 SUPPLY REIMBURSEMENT 155710 8o13 36°50 5999 THOMAS, GAiL 1557Zl 6351 TOBiN, RENEE RECREATION REIMBURSEMENT 12759 TOOHEY, JULIE RECREATION REFUNDS # 1557Z2 ~0.00 1976 TRAFFIC SpECiALTiES TRAFFIC SUPPLIES 155723 130o65 3388 TRUGREEN ' LANDCARE REGIONAL pROFESSiONAL SERVICES # 1557Z6 27,783.00 6558 U S GUARDS COo, ZNC. SECURITY GUARD SERVICE ~ 155715 350 U S pOSTMASTER pOSTAGE LANDSCAPE NEWSLETTER 155726 100o00 ~ 6060 U S T MONITOR REPAIR RECREATION REFUND I 1557Z7 925.55 ~ 6106 UNIQUE CREATIONS 1ST AZO KITS # 155728 511.56 C~TY OF RANClIO CUCAHONGA LIST OF MARRANTS ,, FOR PERIOD: 08-23-00 RUN DATE: 08/23/00 PAGE: 7 12Z6 UNXTED PARCEL SERVICE UPS SERVICE ~5STZ9 57oZ6 6004 UNITEK TECHNOLOGY% ZNCo RECREATION REFUND # %55730 7eS41°6'Z 4606 UPLAND TENNIS CLUB INSTRUCTOR PAYNENT tSST3% · Z96 UPSCO SUPPLIES i SERVICE 155T32 3t%50o00 %t03 VISTA PAINT NA%NT SUPPLIES %55736 82%.6Z 58T0 VLSYSTEMSe INC. COMPUTER NARDWARE %2744 WAITEr VALERZE RECREATION REFUND %55738 7°00 213 WAXZEt KLEEN-LZNE CORP NAINT SUPPLIES # %55739 %t513o50 %Z760 WEIANTt JANICE RECREATION REFUNDS 155740 80,00 309 NEST VALLEY VECTOR CONTROL DISTRICT VECTOR CONTROL SERVICES %5574Z 1~w793o76 ZZ8 WESTERN IIIGHbiAV PRODUCTS% ZNC MAINT SUPPLIES %55743 350o10 %Z761 NODDTAPE RECREATION REFUNDS 155744 ~50o00 509 XEROX CORPORATION COPY NACMINE SUpPLIES/SERVICE # %557~5 Z28o75 RA C HO CUCAMONGA ENCINEEI~ING UI~PAI~THENT S'affReport DAlE September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate EngineerE/~D~ SUBJECT: APPROVAL TO AUTHORIZE TH VERTISING OF THE 'NOTICE INVITING BIDS" FOR THE LOWER HERMOSA AVENUE STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASE 1, TO BE FUNDED WITH REDEVELOPMENT AGENCY FUNDS, ACCOUNT NO. 15-51000 RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications for the Lower Hermosa Avenue Storm Drain and Street Widening Improvements- Phase I - from Fourth Street to 350 feet south of Eighth Street, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids.' BACKGROUND/ANALYSIS: The Project will construct a master plan storm drain facility in Hermosa Avenue as well as widen the street and underground the existing overhead utilities from Fourth Street to 350 feet south of Eighth Street. The project will be funded with Redevelopment Agency Funds (Account No. 15-51000). Staff has determined that the project is Categodcaliy Exempt per Article19, Section 1530'1 (c) of the CEQA guidelines. The project plans and specifications were completed by staff and approved by the City Engineer. The Engineer's estimate is $3,400,000, including a 10% contingency, plus $330,000 required for the street lights and underground service, and an additional $25,000 required for Construction Administration which includes construction survey, and soils and material testing. Legal advertising is scheduled for September 12, 2000 and September 19, 2000, with a bid opening at 2:00 p.m: on Tuesday, October 3, 2000, RVVIe~JTIOy' N e i~'b' ~ City Engineer WJO:JAD Attachments: Vicinity Map and Resotution EXHIBIT "A" IMPROVEMENT LIMITS 4TH STREET TO 5t~h S~re©~ 350' sourn OF 8TH ST~ET Lower Hermosa Avenue Storm Drain and Street Widening VICINITY MAP RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE '~LOWER HERMOSA AVENUE STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASE 1" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "LOWER HERMOSA AVENUE STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASE I FROM FOURTH STREET TO 350 FEET SOUTH OF EIGHTH STREET". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, October 3, 2000, sealed bids or proposals for the "LOWER HERMOSA AVENUE STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASE 1 - FROM FOURTH STREET TO 350 FEET SOUTH OF EIGHTH STREET" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of LOWER HERMOSA AVENUE STORM DRAIN AND STREET WIDENING IMPROVEMENTS - PHASE 1 - FROM FOURTH STREET TO 350 FEET SOUTH OF EIGHTH STREET" RESOLUTION NO. September 6, 2000 Page 2 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies' of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code conceming the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approvai. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of One to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. RESOLUTION NO. September 6, 2000 Page 3 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenficable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the RESOLUTION NO. September 6, 2000 Page 4 payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder' s Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or a combination of Specialty Class "C" licenses sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga reserves the right to reject any or all bids. RESOLUTION NO. September 6, 2000 Page 5 By order of the Council of the City of Rancho Cucamonga, California. Dated this 6th day of September, 2000. Publish Dates: September 12, 2000 and September 19, 2000. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 6th day of September, 2000. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 6th day of September, 2000. Executed this 6th day of September, 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: September 12 and September 19, 2000 THE CITY OF ~ANC~O CtlCAMONGA Staff Report DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Aide SUBJECT: APPROVAL TO APPROPRIATE $68,260 FOR FUND 19-4637-9120 FOR ETIWANDA AREA MASTER PLAN DRAINAGE REIMBURSEMENT AGREEMENTS FOR FY 2000/01 RECOMMENDATION: It is recommended that the City Council approve an appropriation of $68,260.00 for Fund 19-4637-9120 for Etiwanda Area Master Plan Drainage Reimbursement Agreements for FY 2000/2001. BACKGROUND/ANALYSIS: Etiwanda Area Master Plan Drainage Reimbursement Agreements are based on the net Etiwanda Drainage funds received each fiscal year. Consistent with the reimbursement agreements, $68,260.00 of the $176,520.00 received from last years Etiwanda revenue needs to be appropriated for reimbursement. The remaining funds will be utilized for City projects. Respectfully subr0itted. City Engineer WJO:SH:sd Attachments THE CITY OF Staff Report DATE September 6, 2000 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: Brad Buller, City Planner BY: Sal Salazar, AICP, Associate Planner SUBJECT: AUTHORIZATION TO APPROPRIATE $6,200 IN ACCOUNT NUMBER01-4333-6028 TO SUPPLEMENT FUNDING OF THE CITY'S SPHERE OF INFLUENCE RECOMMENDATION It is recommended that the City Council by minute action authorize an appropriation in the amount of $6,200 into account number 01-4333-6028 to fund the payment to the Local Agency Formation Commission for expenses associated with the review and preparation of environmental documents for Annexation 00-01. The appropriation will be funded from the development fee reserve established in FY 1999/2000. BACKGROUND During the FY 2000/2001 budget process, the City of Rancho Cucamonga was in the process of negotiating a settlement agreement with the County of San Bernardino and U.C.P. Inc. (developer). As a result of the conditional settlement agreement, the City agreed to file this application with LAFCO to annex the University Planned Development project. An environmental assessment must be prepared in conjunction with the annexation application. Therefore, the $6,200 requested in this staff report will allow the City to fulfill its obligations as described in the conditional settlement agreement. City Planner BB:SS:mlg RANCHO CUCAMONGA ENGINEEI~INC DEDAI~TFIENT St fffReport DATE: September 6, 2000 TO:. Mayor and Members of the City Council Jack Lam, AICP City Manager FROM: William J. O'Neil, City Engineer BY: Gary Vamey, Maintenance Superintendent SIJBJECF: APPROVAL TO AUTHORIZE THE REPLACEMENT PURCHASE OF TWO PB PATCH TRUCKS, FROM DIETERICH INTERNATIONAL TRUCK SALES, INC. OF SAN BERNARDINO, CALIFORNIA, THROUGH A PIGGYBACK COOPERATIVE PURCHASE AGREEMENT WITH TFIE COUNTY OF SAN BERNARDINO, CALIFORNIA, FUNDED FROM ACCOUNT 09-4637-7045 IN THE AMOUNT OF $250,000. RECOMMENDATION: It is recommended that the City Council authorize the replacement purchase of two PB Patch Trucks, from Dieterich International Truck Sales, Inc. of San Bemardino, Califomia. Dieterich International is offering a Piggyback cooperative pumhase with the County of San Bemardino, Califomia, funded from Account 09-4637- 7045 in the amount of $250,000. These items am included in the 2000/2001 budget. BACKGROUND/ANALYSIS: City Staff has reviewed several different patch truck styles over the past six months for the replacement of two current 1989-model patch trucks. As a result, staff is recommending replacing the two existing patch trucks with similar, improved units. Dieterich International has offered the City of Rancho Cucamonga a Piggyback Cooperative Purchase Agreement with the County of San Bernardino, California. Based on past performance of our current International model trucks with the PB Loader system, staff highly recommends the piggyback option be approved. Res ~tu~y~ ~~~ia~~J. O'NeH City Engineer WJO:GV:ju RANC H 0 CUCAMONGA ENGINEERING DEPARTMENT SmffRepor DATE: September 6, 2000 TO:. Mayor and Members of the City Council Jack Lam, AICP City Manager FROM: William J. O'Neil, City Engineer BY: Gary Vamey, Maintenance Superintendent SURIECF: APPROVAL TO AUTHORIZE THE REPLACEMENT PURCHASE OF TWO PIECES OF EQUIPMENT, A JOHN DEERE LOADER WITH TRAILER AND A JOHN DEERE BACKHOE WITH OPTIONS, FROM RDO EQUIPMENT COMPANY OF RIVERSIDE, CALIFORNIA, THROUGH A PIGGY BACK PURCHASE OPTION WITH TWO MUNICIPAL GOVERNMENT AGENCIES. THE CITY OF HEMET CALIFORNIA, FOR THE BACKHOE ($80,128.29), AND THE COUNTY OF LOS ANGELES FOR THE LOADER ($147,312.95) TO BE FUNDED FROM ACCOUNT 09-4637-7045. RECOMMENDATION: It is recommended the City Council authorize the replacement purchase of two pieces of equipment, a 1988 John Deere Loader with trailer and a 1989 John Deere Backhoe with options, from RDO Equipment Company of Riverside, Califomia, through a piggy back purchase option with two municipal government agencies, the City of Hemet California, for the Backhoe ($80,128.29), and the County of Los Angeles forthe Loader $147,312.95), to be funded from account 09-4637-7045. These items are budgeted in the 2000/2001 budget. BACKGROUND/ANALYSIS: Over the last twelve years, our current John Deere equipment has been exemplary in the service it has provided. It is this service record and the improved machines John Deere offers today, that staff recommends replacing our current equipment with John Deere equipment. Staff has spent several months researching the best piece of equipment to do the job by field testing all the new models on the market. We are content the new John Deere equipment will exceed the service level we expect. Respectfully Submi~ed, William J. O'Neil City Engineer WJO:GV:JU THE CITY OF I~ANC[IO CUCAMONGA Sta Rq: or DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director By: Cindy Davis, Recreation Supervisor SUBJECT: APPROVAL OF STREET BANNER APPUCATIONS AND SCHEDULES FOR FISCAL RECOMMENDATIONS: It is recommended that the City Council approve the street ' banner applications for 2000/2001. BACKGROUND & ANALYSIS: On an annual basis, the Community Services Department receives applications for banner displays for the street banners which are located on Base Line Road and on Archibald Avenue. The banner applications received for this year were reviewed by the Park and Recreation Commission at their August 17th, 2000 meeting. The Commission voted to recommend to City Council the approval of the following applications for 2000/2001. SCHEDULE OF BANNER DISPLAYS FOR FISCAL YEAR 2000/2001 Omanizagon E~ent Event Date Display Dates Location Chamber of GrapeHarvest October6-8,2000 * September 25 - October 2 Baseline Conur, o~ Festival * Septgmbcr 25 - October 9 Archibald RC Fire Fire Prevention October 8-14, 2000 October 9 - 16 Archibald Rolm3'Chib Grape Day at Winoy October l4, 2000 *October2-16 Bas¢li~ City Fog Day November 11,2000 October 30 - Noxembgr 13 Both City Tree Lighting & December 7 - 9, 2000 Nov. 27 - Deg. 11 Both CrY Fair APPROVAL OF STREET BANNER APPUCATIONS AND SCHEDULES FOR FISCAL YEAR 2000/2001 SEPTEMBER 6, 2000 PAGE 2 City Registration Dec. 11, 2000 Dec. 11 - Dec. 23 Baseline RC Ere Spark of Love Nov. 24 - Dec. 23, 2000 Dec. 11 - Dec. 23 Archibald City Registration March 5, 2001 March 5-12 Archibald City Registration March 5, 2001 March 5 - 19 Baseline RC Library Library Telethon March 23 -25, 2001 March 12 - 26 Archibald RC Library Library Promotion April 1-7, 2001 March 26-April 9 Archibald City Festival Event April 14, 2001 April 9 - 16 Both Search/Rescue 5th Annual/Run/Walk April 28, 2001 April 16- 28 Baseline RC CASA Sober Prom April 28, 2001 April 23- 30 Archibald RDA Business Appreciation May 14-18,2001 May 14 - 18 Both City Registration May 21,2001 May 21 - June 4 Both City Festival Event June 16, 2001 June 4 - 18 Archibld 6/4~/18 Baseline 6/4-6/11 City Congrats to Grads June 11 - 15, 2000 June 11-18 Baseline City Fourth of July July 4, 2001 June 18 - July 5 Both Fireworks Show City Festival Event August 11, 2001 July 30 - August 13 Both City Registration August I3, 2001 August 13 - 27 Both City Red Ribbon Week October 23- 31, 2001 Oct. 22 - 31 Both * Follo~ving the Park and Recreation Commission recommendation (1) week was taken from the Chamber by a joint request of both applicants. Kevin 1 Comm~ hity Services Director KM/CD/cd RANCHO CUCAI~ONGA Sk :fRe rt TO: Mayor and Members of the City Council FROM: Debra J. Adams, CMC, City Clerk DATE: September 6, 2000 SUBJECT: APPROVAL TO ACCEPT CONFLICT OF INTEREST CODES FROM THE REDEVELOPMENT AGENCY AND FIRE PROTECTION DISTRICT RECOMMENDATION It is recommended that the City Council receive and file the "2000 Local Agency Biennial Notice" as submitted by the Redevelopment Agency and Fire Protection District, BACKGROUND The Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council amended their Conflict of Interest Codes on March 1, 2000. The Political Reform Act requires every local government agency to review its Code biennially for accuracy or to determine if amendments are needed. Once this determination has been made, notification must be sent to the City Council, who serves as the Code reviewing body for the Redevelopment Agency and Fire Protection District, whether any revisions are needed. Since 'the Redevelopment Agency, Fire Protection District and City Council amended their Codes on March 1, 2000, notification is hereby given to the City Council that no amendments are necessary at this time and that the Code includes all provisions required per Government Code Section 87302. Attached you will find the "2000 Local Agency Biennial Notice" from the Redevelopment Agency and Fire Protection District to be submitted to the City Council to receive and file same. If you have any questions, please feel free to contact me. Respectfully submitted, City Clerk 2000 Local Agency Biennial Notice NameofAgency: Rancho Cucamonga Fire Protection District Mailing Address: P.O. Box 807, Rancho Cucamon~a, CA 91729 Contact Person: Debra J. Adams Office Phone No: (909) 477-2700 FaxNumber: (909) 477-2846 E-mail (optional): dadams@ci .rancho-cucamonqa.ca.ua This agency has reviewed its conflict of interest code and has determined that: j"[ The code needs to be amended and the following amendments are necessary: (Check all that apply) O Include new positions (including consultants) that must be designated O Revisethetitlesofexistingpositions O Delete the titles of positions that have been abolished o Delete the positions that manage public investments O Revise disclosure categories O Other I')1 No amendments are necessary. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments. business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 2000 to: (return address of agency) 2000 Local Agency Biennial Notice NameofAgency: Rancho Cucamonga R~development Agency Mailing Address: P.O. Box 807, Rancho Cucamonga, CA 91729 Contact Person: Debra J. Adams Office PhoneNo: (909) 477-2700 FaxNumber: (909) 477-2846 E-mail (optional): dadams@ci .rancho-cucamonga.ca.us This agency has reviewed its conflict of interest code and has determined that: ['~ The code needs to be amended and the following amendments are necessary: (Check all that apply) O Include new positions (including consultants) that must be designated O Revise the titles ofexisting positions O Delete the titles of positions that have been abolished o Delete the positions that manage public investments O Revise disclosure categories o Other [] No amendments are necessary. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions. interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions; and the code includes all other provisions required by Government Code Section 87302, Signature of Chief Executive Officer Date You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 2000 to: (roturn address of agency) RANC H O CUCAMO NGA F~NGINEERING DEPARTI~IENT S /fRel rt DATE: September 6, 2000 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician SUBJECT: APPROVAL OF ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6, FOR MINOR DEVELOPMENT REVIEW 99-15, LOCATED AT 11355 ARROW ROUTE, SUBMITTED BY KEEP ON TRUCKING RECOMMENDATION: It is recommended that the City Council adopt the attached resolution ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Minor Development Review 99-15. BACKGROUND/ANALYSIS: Minor Development Review 99-15, located at 11355 Arrow Route, received City Planner approval on November 30, 1999, for the installation of screen walls and on-site landscaping at the Keep on Trucking facility located in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan. Keep on Trucking has submitted a signed Consent and Waiver to Annexation form signed by the property owner (VVilmington Associates). Copy of said form is available in the City Clerk's office. W~O'Neil City Engineer WJO:VC:sd Attachments RESOLUnON NO. C> f 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 MDR 99-15 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 California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. I and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Actlrelated to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annuai assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. MDR 99-15 September 6, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Im.provements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Mainte~tr~ts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proceedings ofthe Maintenance Districts, including the levy ofall assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Wilmington Associates The legal description of the Property is: ALL THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMiX,IENCING AT A 1-INCH IRON PIPE MARKING THE INTERSECTION OF THE WESTERLY LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 7 WITH THE SOUTHERLy LINE OF ARROW ROUTE (60 FEET WIDE) AS SHOWN ON SAID RECORD OF SURVEY; SAID l-INCH IRON PIPE BEING DISTANT NORTH 00° 31' 35" WEST (BASIS OF BEARING AS PER SAID RECORD OF SURVEY) ALONG SAID WESTERLY LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 7 A DISTANCE OF 2594.17 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AS SAID SOUTHWEST CORNER IS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 89° 27' 50" EAST ALONG SAID SOUTHERLY LINE OF ARROW ROUTE 1.50 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT EASTERLY 1.50 FEET, MEASURED AT RIGHT ANGLES, FROM SAID WESTERLY LINE OF SECTION 7 AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE CONTINUING NORTH 89° 27' 50" EAST ALONG SAID SOUTHERLY LINE OF ARROW ROUTE 375.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT EASTERLY 376.50 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF SECTION 7; THENCE SOUTH 00° 31' 35" EAST ALONG LAST SAID PARALLEL LINE 1100.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT SOUTHERLy 1100.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY LINE OF ARROW ROUTE; THENCE SOUTH 89° 27' 50" WEST ALONG LAST SAID PARALLEL LINE 375.00 FEET TO A POINT IN FIRST SAID PARALLEL LINE; THENCE NORTH 0° 31' 35" SOUTH ALONG FIRST SAID PARALLEL LINE 1100.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID LAND, PROVIDED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OR OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SHALL HAVE THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BY MEANS OF SLANT-DRILLED WELLS LOCATED ON ADJACENT OR NEARBY LAND, OR BY ANY OTHER MEANS WHICH SHALL NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND; AS RESERVED BY SANTA FE LAND IMPROVEMENT COMPANY, A CORPORATION, IN DEED RECORDED NOVEMBER 17, 1964, 1N BOOK 6273 PAGE 754 OFFICIAL RECORDS. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. EXHIBIT "A'- 2, ASSESSMENT DIAGRA1VI LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND d CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA [~,D g. qq' |,-~ Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL) Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park (not including the stadium, parking lots or the maimenance building. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 3b (Commercial/Industrial Maintenance District): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units I/nit Revenue Comm/lnd Acre 1849.01 1.0 1849.01 $352.80 $652,330.73 The Proposed Annual Assessment against the Property (MDR 99-15) is: 9.3 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. = $3,281.04 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical # of Physical Assessment Assessment Assessment l.and Use Unit Type Units 1/nits Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Parcel 6,257.00 1.00 6,257.00 $17.77 $I11,190.00 Family Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property (MDR 99-15) is: 9.3 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. = $330.52 Annual Assessment C-1 EXHIBIT C (continued) STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of Rate Per Physical # of Physical Assessment Assessment Assessment l,and Use Unit Type Units llnitq Factor llnit~ llnit Revenue Command Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property (MDR 99-15) is: 9.3 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $478.02 Annual Assessment C-2 ~ RA C HO CUCAMONGA ENGINEERING DEPARTMENT SgfRe rt DATFz September 6, 2000 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Betty A. Miller, Associate Engineer SURIECT: APPROVAL OF MAP, ACCEPTANCE OF MONUMENTATION GUARANTEE, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 6 FOR PARCEL MAP NUMBER 15295, LOCATED ON MILLIKEN AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE, SUBMITTED BY CATELLUS DEVELOPMENT CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Parcel Map 15295, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the City Engineer to cause said map to record. BACKGROUND/ANALYSIS Tentative Parcel Map 15295, located on Milliken Avenue between Foothill Boulevard and Arrow Route, was approved by the Planning Commission on April 28, 1999, for the division of 140 acres into 13 parcels. The Developer, Catellus Development Corporation, has previously submitted three (3) agreements and securities to guarantee the construction of the off-site improvements, in connection with Conditional Use Permit 99-04, Development Review 99-15 and Development Review 00-05. Copies of the monumentation guarantee are available in the City Clerks office. CITY COUNCIL STAFF REPORT PARCEL MAP 15295 -CATELLUS DEVELOPMENT CORPORATION September 6, 2000 Page 2 Letters of approval have been received from Cucamonga Country 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:BAM:drw Attachments PAI~EL e PAI~EL g PARCEL~ ~*'5'~ I~ORTH ~ 1''= 400', CITY OF ITEM: RANCHO CUCAMONGA TITLE: Parcel Map 15295, ENGINEERING DIVISION EXHIBIT: Vicinity Map RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15295 WHEREAS, Tentative Parcel Map No. 15295, submitted by Hogle Ireland, and consisting of 13 parcels located on Milliken Avenue between Foothill Boulevard and Arrow Route being a division of 140 acres, was approved by the Planning Commission of the City of Rancho Cucamonga, on April 28, 1999, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Parcel Map No. 15295 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into three (3) previous Improvement Agreements guaranteed by acceptable Improvement Securities by Catellus Development Corporation as developer; and WHEREAS, said Developer submits for approval said Parcel Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, drainage overflow, sidewalk, street tree and incidental purposes.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that the offers for dedication, easements and the final map delineating the same for said Parcel Map No. 15295 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. 0 ~ ~'/~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP15295 WHEREAS, the City Council of the City of Rancho 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 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 (referred to collectively as the "Maintenance Districts"); 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 Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Aet related to the annexation of territory to the Maintenance District, Article XIIID of the Constiimtion of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have 'also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and q7 CITY COUNCIL RESOLUTION NO. PARCEL MAP 15295 September 6, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annum assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hemto. 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: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the ma'mtenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All fumre proceedings ofthe Maintenance Districts, including the levy ofall assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Catellus Development Corporation, a Delaware Corporation The legal description of the Property is: Parcel Map 15295 THE FRACTIONAL NORTHWEST 1/~ OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. EXCEPT THAT PORTION INCLUDED WITHIN THE LINES OF ARROW ROUTE, 60.00 FEET WIDE, AS DESCRIBED IN ~ DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED IN BOOK 903, PAGE 417, OF DEEDS. ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE LINES OF FOOTHILL BOULEVARD, 60.00 FEET WIDE, AS DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED IN BOOK 540, PAGE 270, OF DEEDS. ALSO EXCEPT THAT PORTION WITHIN THE LINES OF FOOTHILL BOULEVARD, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 10, 1929, 1N BOOK 462, PAGE 14, OFFICIAL RECORDS. The above described parcels are shown on sheet A~2 attached herewith and by this reference made a part hereof. N89'53'58"~ 2155.91% ...... ~ NORTH ~ 1 "= 400' CITY OF ITEM: Parcel Map 15295 RANCHO CUCAMONGA TITLE: Annexation to LMD 3B, SLD 1 and SLD 6 ENGINEERING DIVISION EXHIBIT: "A-2" Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park (not including the stadium, parking lots or the maintenance building. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-I Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Parcel Map 15295 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- 8 14 ...... SLD # 6 13 ............ Community Trail Turf Non-Turf Hardscape Trees Landscaping DGSF SF SF SF EA LMD # 3B ...... 17, 185 19,643 465 *Existing items installed with original project Assessment Units by District Parcel DU or Acres SLD 1 SLD 6 LMD 3B 1 5.15 acres 10.30 5.15 5.15 2 1.33 " 2.66 1.33 1.33 3 14.90 " 29.80 14.90 14.90 4 1.13 2.26 1.13 1.13 5 2.52 " 5.04 2.52 2.52 6 3.76 " 7.52 3.76 3.76 7 17.57 35.14 17.57 17.57 8 4.02 " 8.04 4.02 4.02 9 23.06 " 46.12 23.06 23.06 10 13.31 " 26.62 13,31 13.31 11 20.58 " 41.16 20.58 20.58 12 9.40 " 18.80 9.40 9.40 13 21.05 " 42.10 21.05 21.05 B-2 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 3b (Commercial/Industrial Maintenance District): # of Rate Per Physical # of Physical Assessment Assessment Assessment l.and Use Unit Type Units llnit~ Factnr Units Unit Revenue Command Acre 1849.01 1.0 1849.01 $352.80 $652,330.73 The Proposed Annual Assessment against the Property (PM 15295) is: 137.8 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. = $48,615.84 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property (PM 15295) is: 137.8 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. = $4,897.41 Annual Assessment c-1 STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A,U.) is $51.40 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Unit Type lInits lJnit~ Factor Units Unit Revenu~ Command Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property (PM 15295) is: 137.8 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $7,082.92 Annual Assessment CITY OF RANCHO CUCAMONGA ~ STAFF REPORT DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Diane O'Neal, Assistant To The City Manager SUBJECT: CONSIDERATION TO APPROVE THE DRUG ABUSE RESISTANCE EDUCATION (DARE) MEMORANDUM OF UNDERSTANDING FOR FISCAL YEAR 2000-01 Recommendation The City Council approve the attached Memorandum of Understanding (MOU) between the Alta Loma, Central, Cucamonga, and Etiwanda Elementary School Districts, the County of San Bernardino, and the City of Rancho Cucamonga for the DARE program for Fiscal Year 2000-01 Background The total DARE budget for Fiscal Year 2000-01 is $232,894.49 and does include the Sheriffs Department's final salary negotiations for Fiscal Year 2000-01. The MOU reflects a $116,447.25 contribution from the four (4) Elementary School Districts with a matching amount of $116,447.25 from the City of Rancho Cucamonga. This activity is budgeted in Account Numbers 01~4451-3910, 01-4451-3110 and 01-4451-6030. Assistant To The City Manager Attachment: DARE MOU DARE FISCAL YEAR 2000~2001 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by the Alia Loma, Central, Cucamonga, and Etiwanda School Districts, County of San Bemardino's SherifFs Department, and the City of Rancho Cucamonga for the purpose of jointly sponsoring and continuing the Drug Abuse Resistance Education (DARE) program. The School Districts listed below will contribute the following dollar amounts based on a proportional share for each respective School District, and the City's share is one-half of the total costs of the DARE program. The School District's proportional share of costs is based on the number of classes requested by the School District. --> Alta Loma School District $ 46,578.90 --> Central School District $ 35,710.49 --> Cucamonga School District $ 9,315.78 _~ Etiwanda School District $ 24, 842.08 ~ City of Rancho Cucamonga $116,447.25 The County of San Bernardino's Sheriffs Department will provide the two DARE Deputies, in accordance with the terms and provisions of the contract for law enforcement services between the County of San Bemardino's Sheriffs Department and the City of Rancho Cucamonga. This MOU is effective from July 1, 2000 through June 30, 2001. If modifications are necessary, they will be added to this MOU by mutual agreement of all parties involved. We hereby agree to · Ce~ District, ~ent Cucamonga School District, Superintendent Signature Eti~van~Scliool'Distric;, S~erintehd~nt Signature County of San Bemardino, Sheriff Signature City of Rancho Cucamonga, Mayor {~ANC HO CU CAMONGA ENGINEEI~ING DEPAI~TMENT St/R DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J, O'Neil, City Engineer BY: Mike Olivier, Contract Civil Engineer SUBJECT: APPROVAL AND EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), THE CITY OF RANCHO CUCAMONGA (CITY) AND THE COUNTY OF SAN BERNARDINO (COUNTY) FOR CONSTRUCTION OF SEGMENT 5 OF STATE ROUTE 210 (30) 1N THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDATION It is recommended that City Council approve cooperative agreement between the State of California (STATE), the San Bernardino County Transportation Authority (AUTHORITY), the City of Rancho Cucamonga (CITY), and the County of San Bernardino (COUNTY) for construction of segment 5 of State Route 210 (30) in the City of Rancho Cucamonga, California. BACKGROUND/ANALYSIS San Bernardino Associated Governments (SANBAG) being the County Transportation Authority (AUTHORITY) is required to improve transportation services as set for in the Measure I' expenditure plan. Included in this plan is the construction of State Route 210 (30) in the County of San Bernardino. In construction of State Route 210 (30), the AUTHORITY contractors will be doing work in STATE, CITY and COUNTY right-of-way. The four-way cooperative agreement between SANBAG (AUTHORITY), STATE, CITY, and COUNTY sets forth the responsibilities of each party. After completion of Segment 5, our City agrees to: · Accept control and maintain at our expense, the portions of PROJECT lying outside STATE's right-of-way and within CITY right-of-way. Also, we will maintain, at our expense, local roads within STATE's right-of-way delegated to CITY for maintenance, and remaining portions of any local road overcrossing structures, including the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic. CITY COUNCIL STAFF REPORT ROUTE 30 SEGMENT 5 - COOPERATIVE AGREEMENT September 6, 2000 Page 2 · Reimburse STATE for our proportionate share of maintenance costs for traffic control signals, including emergency preemption equipment and internally illuminated street name signs and safety lighting within STATE right-of-way and CITY limits. Such share to be an amount equal to 50% of total maintenance costs, including electrical energy costs. · Furnish emergency preemption equipment and internally illuminated street name signs for traffic signals to be installed within STATE right-of-way and CITY limits, and any future replacement, emergency preemption equipment and internally illuminated street name signs, for traffic signals, as required. The Cooperative Agreement requires SANBAG's contractors to name the CITY as additional insured, and it indemnifies the CITY for any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY for any work delegated to AUTHORITY. The agreement also states that STATE, AUTHORITY, CITY, and COUNTY shall cooperate on issues concerning the State Route 210 (30) project not covered by said agreement. Respectfully submitted, W~a~mjO,N~eil~('''~ City Engineer WJO:MO:dlw Attachments RESOLUTION NO. O0--//t 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROV1NG THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), THE CITY OF RANCHO CUCAMONGA (CITY) AND THE COUNTY OF SAN BERNARDINO (COUNTY) FOR CONSTRUCTION OF SEGMENT 5 OF STATE ROUTE 210 (30) 1N THE CITY OF RANCHO CUCAMONGA, CALIFORNIA WHEREAS, STATE, CITY, and AUTHORITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways with a portion within City of Rancho Cucamonga in San Bernardino County; and a portion within the County of San Bernardino; and WHEliEAS, San Bernardino County voters approved Measure I on November 7, 1989, which provides funding for transportation projects and programs throughout the County of San Bemardino; and WHEREAS, AUTHORITY is required under its ordinance to improve transportation services and facilities as set forth in the Measure I expenditure plan. The expenditure plan includes a project to construct State Highway improvements consisting of a six-lane freeway, two HOV lanes, and an undemrossing structure at Rochester Avenue, an interchange at Day Creek Boulevard, traffic signals, and appurtenant improvements on State Highway Route 210 (30) in the County of San Bemardino, referred to herein as "PROJECT"; and WHEREAS, AUTHORITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT; and WHEREAS, CITY is agreeable to AUTHORITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT; and WHEREAS, the parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained; and WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration and execution said cooperative agreement addressing liability issues during construction and covering issues such as accepting control and maintenance of portions of the PROJECT constructed outside of STATE's right-of-way, local roads within STATE's right-of-way delegated to CITY for maintenance, operation and maintenance of traffic signals for the benefit or control of CITY street traffic, emergency preemption equipment and illuminated street name signs; and CITY COUNCIL RESOLUTION NO. ROUTE 210 (30) SEGMENT 5 - COOPERATIVE AGREEMENT September 6, 2000 Page 2 WHEREAS, to assist STATE and AUTHORITY in construction of Segment 5 of State Rome 210 (30), it is in the best interest of the City of Rancho Cucamonga to enter into said cooperative agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: 1. Approve the execution of the agreement between the STATE, AUTHORITY, and the City of Rancho Cucamonga concerning construction of Segment 5 of State Rome 210 (30) in the City of Rancho Cucamonga. 2. Authorize the Mayor to sign said Agreement and direct the City Clerk to attest the salTle. RA C HO C UCAMONGA ENG~NEI~I~INC DI~DAI~TM~NT S Repo DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer ~ SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BONDS, ACCEPT MAINTENANCE BONDS AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACTS 15796 AND 15796-1, SUBMITTED BY TAVA DEVELOPMENT DBA CITATION HOMES, LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND VICTORIA PARK LANE RECOMMENDATION: The required improvements for Tracts 15796 and 15796-1, have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds and accept the Maintenance Bonds. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tracts 15796 and 15796-1, located on the northeast corner of Milliken Avenue and Victoria Park Lane, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that City Council release the existing Faithful Performance Bonds and accept the Maintenance Bonds. Developer: TAVA DEVELOPMENT DBA CITATION HOMES 19600 FAIRCHILD ROAD, SUITE 270 IRVINE, CA 92612-2510 Release: Faithful Performance Bonds: Tract 15796 3SM 914 490 00 $204,760.00 Tract 15796-1 3SM 910 019 00 $873,336.00 CITY COUNCIL STAFF REPORT TRACTS 15796 AND 15796-1 September 6, 2000 Page 2 Accept: Maintenance Bonds: Tract 15796 3SM 914 490 A $ 20,476;00 Tract 15796-1 3SM 910 019 A $ 87,334.00 Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Is Attachment RESOLUTION NO. ~)~) '/~ ~' A RESOLUTION OF THE CITY OF RANGHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15796 AND 15796-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tracts 15796 and 15796-1, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. T H E C I T Y 0 F I~ANCIIO CUCAMONGA Sg3:ffReport DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) RECOMMENDATION It is recommended that the City Council approve the attached resolution adopting a boundary map showing the boundaries of the territory proposed for the inclusion in proposed Community Facilities District (CFD) 2000-01 (South Etiwanda). This is a necessary function required for the formation of any CFD. The boundary map clearly identifies the property to be included in the proposed CFD. BACKGROUND The proposed CFD is being requested by Pacific Communities to fund master planned storm drains to serve the area and their development which is generally located east of Etiwanda Avenue, west of East Avenue, and on the north and south sides of Miller Avenue. These facilities will serve the residents in the community by providing needed storm drains to provide flood protection to the South Etiwanda area. To help fund these improvements, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated costs are being borne by the developer. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the adoption of a boundary map that clearly shows which properties are included in the proposed CFD. The attached resolution accomplishes this purpose. By adopting this resolution, the City Council is not actually forming the CFD. A public hearing and election of the affected property owners must still be held. After the public APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP FOR PROPOSED COMMUNITY FACILITIES DISTRICT ' 2000-01 (SOUTH ETIWANDA) September 6, 2000 Page 2 hearing the City Council will make the final decision whether or not to form the CFD. This resolution does not obligate the City Council to form the CFD. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Respectfully submitted, Duane A. Baker Assistant to the City Manager -2- RESOLUT,O. NO. 2OO0-/( RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA ("City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be designated as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA)" submitted to the City Council showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is hereby approved. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the formation or extent of such District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. PROPOSED BOUNDARIES "~ """- COMMUNITY FACILITIES DISTRICT NO.2000~1 ~-~'-" (ETIW~DA) ~ ' ~ Cl~ OF ~CHO CU~ON~ ~ ~ COU~ OF ~ BE~INO ~" STATE OF C~IFORN~ UPLAND FONTANA LOGATION INTERSTATE10 INDEX MAP " .... PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-01 (ETIWANDA) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA LEGEND i S affReport DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISION OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES RECOMMENDATION It is recommended that the City Council approve the attached resolution declaring its intention to establish Community Facilities District (CFD) 2000-01 (South Etiwanda) and tO authorize the levy of a special tax in the CFD to finance the acquisition of certain public facilities. This action is recommended in accordance with the request of the property owner and pursuant to City policy. BACKGROUND The proposed CFD is being requested by Pacific Communities to fund master planned storm drains to serve the area and their development which is generally located east of Etiwanda Avenue, west of East Avenue, and on the north and south sides of Miller Avenue. These facilities will serve the residents in the community by providing needed storm drains to provide flood protection to the South Etiwanda area. To help fund these improvements, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated costs are being borne by the developer. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the adoption of resolution of intention to establish the CFD and to authorize the levy of a special tax to acquire the public facilities. This resolution not only declares the City's intention but also sets a public hearing on the matter. The public hearing is scheduled for October 18, 2000. At the public hearing the City Council APPROVAL OF A RESOLUTION DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISION QF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES September 6, 2000 Page 2 will take testimony and make a final determination whether or not to form the district. If the City Council decides to form the CFD then an election is held of the property owners. In this case there is only one property owner and they are requesting the CFD. This resolution does not obligate the City Council to form the CFD. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Respectfully submitted, Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. 2000 -/7'(:~) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), received a petition from the owners of certain property located within the City of Rancho Cucamonga identified as Tract No. 15711 requesting that the City Council initiate proceedings to consider the formation of a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") to finance the acquisition of certain public facilities; and WHEREAS, pursuant to such petition the City Council desires to initiate proceedings to consider the formation of such community facilities district which shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of public facilities proposed to be financed by such District, to indicate the rate and apportionment of a special tax sufficient to finance the acquisition of such public facilities and the administration of the District and any indebtedness incurred by the District, to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District. SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Initiation Of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California. SECTION 3. Boundaries Of District. It is the intention of this City Council to establish a Community Facilities District pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to finance the acquisition of certain public facilities. A description of the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Name Of District. The name of the proposed Community Facilities District to be established shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA). SECTION 5. Description Of Public Facilities. It is the further intention of this City Council to finance the acquisition of certain public facilities. A general description of the type of public facilities to be acquired is set forth in Exhibit A attached hereto and incorporated herein by this reference. The types of facilities described in Exhibit A are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed public facilities are necessary to meet increased demands and needs placed upon the City and other public agencies as a result of development within the District. The cost of acquiring such public facilities includes incidental expenses where' applicable including, but not limited to, the costs of planning and designing such facilities; all costs associated with the establishment of the District, the issuance and administration of bonds, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of such facilities SECTION 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such public facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of such District. Under no circumstances will the special tax to pay for such public facilities levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorera 2 taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. SECTION 7. Public Hearin.cl. NOTICE IS GIVEN THAT QN THE 18TH DAY OF OCTOBER, 2000, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE PUBLIC FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. SECTION 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 3 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. SECTION 10. Reservation Of Rights To Authorize Tender Of Bonds. The City Council reserves to itself, in its capacity as the legislative body of the District if formed, the right and authority to allow any interested owner of property within the District, subject to the provisions of Government Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer of the City of Rancho Cucamonga, acting for and on behalf of the District, in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. SECTION 11. Advances Of Funds Or Work-In-Kind. At any time either before or after the formation of the District, the City Council may accept advances of funds or work- in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with Pacific Communities to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. PASSED, APPROVED, And ADOPTED this day of , 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 4 Exhibit "A" Description of Public Facilities The types of public facilities proposed to be financed by the District shall include: Flood control and storm drain facilities and appurtenances. A-1 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda) CITY OF RANCHO CUCAMONGA A Special Tax, shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2000-01 CCFD"). The amount of Special Tax to be levied each Fiscal Year, commencing in Fiscal Year 2001-2002 on a Parcel shall be determined by the City Council of the City of Rancho Cucamonga, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as set forth in Sections B, C, and D below. All of the real property within the CFD, unless exempted by law or by the provisions hereof in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" means all actual or reasonably estimated costs and expenses of the City to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and administrative expenses. "Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "Assessor's Parcel Map" means an official map of the Assessor of the County of San Bernardino designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1 .a. below. "Assigned Special Tax Revenue" means the sum of the Assigned Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C, Table 1. "Backup Special Tax" means the Special Tax amount set forth in Section C.l.b. below. City of Rancho Cucarnonga August 17, 2000 Community Facilities District No. 2000-01 B- 1 Page 1 "Backup Special Tax Revenue" means the sum of the Backup Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C below. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section G. "CFD" means Community Facilities District No. 2000-01 (South Etiwanda) of the City established pursuant to the Act. "City" means the City of Rancho Cucamonga within the State of California. "Debt Service" means for each calendar year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January I of such Fiscal Year. "Developed Property" means all Parcels of Taxable Property that have been issued a building permit prior to March 1st preceding the Fiscal Year for which the Special Tax is being levied. "Exempt Property" means any Parcel or portion of a Parcel, which is exempt from Special Taxes pursuant to Section E. below. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July I and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1. "Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on any Parcel. "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax for all of the Taxable Parcels in the CFD. City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000~01 Page 2 77 "Net Taxable Acre" means the acreage of a Parcel as indicated on the most recent Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area shown on the applicable Final Map, or other recorded City parcel map. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January I preceding the Fiscal Year for which the Special Tax is being levied. "Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel divided by the Maximum Annual Special Tax Revenue. "Payoff Parcel" means any Taxable Parcel for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section G. "Property Owner's Association Property" means any property within the boundary of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Public Property" means any Parcel within the boundary of the CFD which, as of January I of the preceding Fiscal Year for which the Special Tax is being levied is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the county, City, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property. For Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., "Proportionately" means that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all such Parcels. "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. "Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 3 "Reserve Requirement" shall have the meaning given such term in the Indenture. "Residential Floor Area" means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area, on a Parcel. The determination of Residential Floor Area shall be made by reference to the building permit(s) for the Parcel. "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year by the CFD to pay: (i) annual debt service on all Outstanding Bonds; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; and (iv) any amounts required to establish or replenish any reserve funds for the Outstanding Bonds; less (v) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Property" means all Parcels in the CFD, which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2001-2002 Fiscal Year, all Parcels of Taxable Property within the CFD shall be classified as either Developed Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., D., and E. below. Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. A Parcel of Residential Property shall further be classified to its appropriate Land Use Classification based on the Residential Floor Area of such Parcel. City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 4 C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax for each Parcel classified as Developed Property shall be the greater of (i) the applicable Table 1 Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. a. Assi.qned Special Tax The Assigned Special Tax for each Parcel of Developed Property is shown in Table I below. TABLE 1 Assigned Special Taxes for Developed Property Community Facilities District No. 2000-01 Assigned Taxable Special Tax Land Use Category Unit Residential Floor Area Per Taxable Unit 1 - Residential Propert), D/U 2,901 sq. ft. or greater $900 2 - Residential Propert), D/U 2,601 sq. ft. to 2,900 sq. ~.$875 3 - Residential Propert), D/U 2,301 sq. ft. to 2,600 sq. ft.$850 4 - Residential Property D/U 2,001 sq. ~. to 2,300 sq. ft.$825 5 - Residential Property D/U 1,801 sq. ~. to 2,000 sq. ft.$800 6 - Residential Property D/U 1,800 sq. ft. or less $775 7 - Non - Residential Property Acre N/A $6,400 b. Backup Special Tax When a Final Map is recorded the Backup Special Tax for the Parcels within such Final Map area shall be determined by multiplying $6,400 by the total Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels (i.e., the number of residential lots) within such Final Map. If a Final Map within the CFD includes Parcels for which building permits for both residential and non-residential construction may be issued, then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels for which building permits for non- residential construction may be issued. 2. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Property shall be City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 5 $6,400 per Net Taxable Acre. 3. Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E., shall be $6,400 per Net Taxable Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property and Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 6 which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act. G. PREPAYMENT OF SPECIAL TAX Property owners may prepay and permanently satisfy the Special Tax Obligation on Developed Property ("Special Tax Prepayment") by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The City determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds. No Special Tax Prepayment shall be allowed unless the Maximum Special Tax that may be levied on all Taxable Property other than the Parcel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Assigned Special Tax and the Backup Special Tax for the Payoff Parcel based on the assignment of the Maximum Special Tax described in Section C above. Step 2: Divide the Assigned Special Tax for the Payoff Parcel from Step 1 by the Assigned Special Tax Revenue. Divide the Backup Special Tax for the Payoff Parcel by the Backup Special Tax Revenue. The greater amount calculated in this City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 7 step shall be the Payoff Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD. Step4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. Step 5: Calculate the amount needed to pay interest on the Parcel's Allocated Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Special Tax Prepayment less money kept by the City to cover costs from the date of the prepayment until the first redemption date for the Bonds. Step 6: Determine the Total Prepayment Amount by subtracting the Reserve Fund Share calculated in Step 4 from the Outstanding Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding Debt Service not yet paid for the current Calendar Year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Special Tax Prepayment. H. TERM OF THE SPECIAL TAX For each year that any Bonds are outstanding the Special Tax shall be levied on all Parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes associated with the levy of such Special Taxes, but not later than the 2031-32 Fiscal Year. City of Rancho Cucamonga August 17, 2000 Community Facilities District No. 2000-01 Page 8 Sg3 ffReport DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) RECOMMENDATION It is recommended that the City Council approve the attached resolution ordering and directing the preparation of a report for proposed Community Facilities District (CFD) 2000-01 (South Etiwanda). This special tax report is necessary to provide the City Council with information on the proposed CFD on which to base their final decision. This action is recommended in accordance with the request of the property owner and pursuant to City policy. BACKGROUND The proposed CFD is being requested by Pacific Communities to fund master planned storm drains to serve the area and their development which is generally located east of Etiwanda Avenue, west of East Avenue, and on the north and south sides of Miller Avenue. These facilities will serve the residents in the community by providing needed storm drains to provide flood protection to the South Etiwanda area. To help fund these improvements, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated costs are being borne by the developer. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the preparation of a special tax report to provide the City Council with the necessary information and findings on which they can base their final decision on whether or not to form the CFD. Generally the report will contain a full and complete description of the public facilities to be acquired; a general cost estimate setting forth the costs of acquiring the public facilities and providing the specified public services; APPROVAL OF A RESOLUTION ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) September 6, 2000 Page 2 and the particulars of the rate and method of apportionment for the proposed special tax. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Respectfully submitted, Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be designated as COMMUNITY FACILITIES DISTRICT NO 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a report to provide more detailed information relating to the proposed District, the proposed public facilities to be financed through the District, and estimate of the cost of providing such facilities (the "Special Tax Report"). NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Manager is hereby directed and ordered to prepare or cause to be prepared the Special Tax Report to be presented to this City Council, generally setting forth and containing the following: FACILITIES: A full and complete description of the public facilities the acquisition of which is proposed to be financed through the District. COST ESTIMATE: A general cost estimate setting forth costs of acquiring such public facilities. SPECIAL TAX: Further particulars regarding the rate and method of apportionment for the proposed special tax. SECTION 3. The Special Tax Report, upon its preparation, shall be submitted to this City Council for review, and such report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. 1 PASSED, APPROVED, and ADOPTEDthis dayof 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debr~ J. Adams, CMC, City Clerk 2 T H E C I T Y 0 F I I I~ANCHO CUCAHONGA Staff Report DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) RECOMMENDATION It is recommended that the City Council approve the attached resolution declaring its intention to issue bonds secured by special taxes to pay for the acquisition of certain facilities in proposed Community Facilities District (CFD) 2000-01 (South Etiwanda). The total amount of bonds necessary to acquire the facilities is estimated to be $2,750,000.00. This is a necessary function required for the formation of any CFD. In order to acquire the public facilities, it is necessary to issue bonds which are secured by the special taxes collected by the CFD. BACKGROUND The proposed CFD is being requested by Pacific Communities to fund master planned storm drains to serve the area and their development which is generally located east of Etiwanda Avenue, west of East Avenue, and on the north and south sides of Miller Avenue. These facilities will serve the residents in the community by providing needed storm drains to provide flood protection to the South Etiwanda area. To help fund these improvements, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated costs are being borne by the developer. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the adoption of resolution of intention to issue bonds. The debt service for these bonds will be secured by special taxes collected by the CFD for this specific purpose. The attached resolution accomplishes this purpose. APPROVAL OF A RESOLUTION DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) September 6, 2000 Page 2 By adopting this resolution the City Council is not actually forming the CFD. A public hearing and election of the affected property owners must still be held. After the public hearing the City Council will make the final decision whether or not to form the CFD This resolution does not obligate the City Council to form the CFD. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") to finance the acquisition of certain authorized facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a portion of such facilities through the issuance of bonds, such bonds to be secured by special taxes to be levied on taxable property within the District, all as authorized pursuant to the Community Facilities District Act. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION '1. The above recitals are all true and correct. SECTION 2. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred to finance all or a portion of certain public facilities as proposed for the designated District. SECTION 3. The purpose for the proposed debt is to finance the acquisition of authorized public facilities consisting of the types of public facilities described in Exhibit A attached hereto and incorporated herein by this reference. SECTION 4. The amount of the proposed bonded indebtedness, including the cost of the facilities, together with all incidental expenses, contingencies and financing costs is generally estimated to be: $2,750,000 SECTION 5. NOTICE iS GIVEN THAT ON THE 18TM DAY OF OCTOBER, 2000, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A HEARING WiLL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO INCUR A 1 BONDED INDEBTEDNESS TO FINANCE PUBLIC FACILITIES IN THE COMMUNITY FACILITIES DISTRICT BY THE LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE AREA, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING THE BONDED INDEBTEDNESS WHICH WILL PAY FOR ALL OR A PORTION OF THE PROPOSED PUBLIC FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN SAID COMMUNITY FACILITIES DISTRICT. SECTION 6. Notice of the time and place of the public hearing shall be given by the City Clerk by publishing a Notice of Public Hearing in a legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. PASSED, APPROVED, and ADOPTED this day of , 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities proposed to be financed by the District shall include: Flood control and storm drain facilities and appurtenances. A-1 I~ANCHO CUCAMONGA St Report DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) RECOMMENDATION It is recommended that the City Council approve the attached resolution adopting a boundary map showing the boundaries of the territory proposed for the inclusion in proposed Community Facilities District (GFD) 2000-02 (Rancho Guoamonga Corporate Park). This is a necessary function required for the formation of any GFD. The boundary map clearly identifies the property to be included in the proposed CFD. BACKGROUND The proposed GFD is being requested by Catellus Development Corporation to fund public improvements related to their development located on the east and west sides of Milliken Avenue, 8outh of Foothill Boulevard and north of Arrow Route (Rancho Gucamonga Corporate Park). This is the same development where GATX Logistics and Lowes Home Improvement Center are located. These facilities will serve the residents in the community by providing needed improvements along Arrow Route, Milliken Avenue and Foothill Boulevard. To help fund these improvements, the developer has requested that a GFD be formed. This request is in keeping with the Gity's policy on GFD formations and all associated costs are being borne by the developer. In Order to form the GFD, several preliminary actions are required by the City Council. One of those actions is the adoption of a boundary map that clearly shows which properties are included in the proposed GFD. The attached resolution accomplishes this purpose. APPROVAL OF A RESOLUTION ADOPTING A BOUNDARY MAP FOR PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) September 6, 2000 Page 2 By adopting this resolution, the City Council is not actually forming the CFD. A public hearing and election of the affected property owners must still be held. After the public hearing the City Council will make the final decision whether or not to form the CFD. This resolution does not obligate the City Council to form the CFD. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. 2000-/'~-~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA ("City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982% being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be designated as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the DiStrict. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK)" submitted to the City Council showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is hereby approved. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the formation or extent of such District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. PASSED, APPROVED, and ADOPTED this day of , 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk PROPOSED BOUNDARIES """""'- ""- COMMUNITY FACILITIES DISTRICT NO.2000-02 (RANCHO CUCAMONGA CORPORATE PARK) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA UPLAND FONTANA LOCATION INTERSTATE 10 INDEX MAP '""='=="" PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-02 (RANCHO CUCAMONGA CORPORATE PARK) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA FOOTHILL BLVD. (STATE HIGH%NAY) PROFOSED COMMUNP;Y FACIUTIE8 ~ ~ BOUNI~Pt~ LEGAL DESCR}FRON THE fRACTInN~I NnRTH ~/ESt QUARTER nf SeCtInN 7, tB~/NShIP I ~nUtH. RANGE 6 ~/E~T, S~N 9ERNAR~IND HERI~T~N, IN THE CTTY nf R~nChn CUCAHBNGA, CnUNTY nf SAN ]~EF~NAR~ZND, STATE ~f CALZfDRN~, ACCR~NG TD nff~C~Al PlAT tHe~enf. ~ANCHO CUCAMONGA Staff Report DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISION OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES RECOMMENDATION It is recommended that the City Council approve the attached resolution declaring its intention to establish Community Facilities District (CFD) 2000-02 (Rancho Cucamonga Corporate Park) and to authorize the levy of a special tax in the CFD to finance the acquisition of certain public facilities. This action is recommended in accordance with the request of the property owner and pursuant to City policy. BACKGROUND The proposed CFD is being requested by Catellus Development Corporation to fund public improvements related to their development located on the east and west sides of Milliken Avenue, South of Foothill Boulevard and north of Arrow Route (Rancho Cucamonga Corporate Park). This is the same development where GATX Logistics and Lowes Home Improvement Center are located. These facilities will serve the residents of the community by providing needed beautification, traffic signals, street and storm drain improvements. Specifically the facilities will include the improvement and beautification of Milliken Avenue and the installation of a traffic signal and a storm drain from Arrow Route to Foothill Boulevard; the construction of Millennium Court; the improvement and beauti~cation of Arrow Route and the installation of a storm drain; and the improvement and beautification of Foothill Boulevard and the installation of a storm drain and traffic signal along the project frontage. To help fund these improvements, the developer has requested that a APPROVAL Of A RESOLUTION DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUOAMONGA CORPORATE PARK) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISION OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES September 6, 2000 Page 2 GFD be formed. This request is in keeping with the City's policy on GFD formations and all associated costs are being borne by the developer. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the adoption of resolution of intention to establish the CFD and to authorize the levy of a special tax to acquire the public facilities. This resolution not only declares the City's intention but also sets a public hearing on the matter. The public hearing is scheduled for October 18, 2000. At the public hearing the City Council will take testimony and make a final determination whether or not to form the district. If the City Council decides to form the GFD then an election is held of the property owners. In this case there is only one property owner and they are requesting the CFD. This resolution does not obligate the City Council to form the CFD. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the Oity's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Respectfully submitted, Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. 2000 - / 7/-/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), received a petition from the owners of certain property located within the City of Rancho Cucamonga identified as Tentative Parcel Map No. 15295 requesting that the City Council initiate proceedings to consider the formation of a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") to finance the acquisition of certain public facilities; and WHEREAS, pursuant to such petition the City Council desires to initiate proceedings to consider the formation of such community facilities district which shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK (the "District"); and, WHEREAS, this City Council ~s now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of public facilities proposed to be financed by such District, to indicate the rate and apportionment of a special tax sufficient to finance the acquisition of such public facilities and the administration of the District and any indebtedness incurred by the District, to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District. SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Initiation Of Proceedin.qs. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California. SECTION 3. Boundaries Of District. It is the intention of this City Council to establish a Community Facilities District pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to finance the acquisition of certain public facilities. A description of the boundaries of the territory I /L}/ proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Name Of District. The name of the proposed Community Facilities District to be established shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). SECTION 5. Description Of Public Facilities. It is the further intention of this City Council to finance the acquisition of certain public facilities. A general description of the type of public facilities to be acquired is set forth in Exhibit A attached hereto and incorporated herein by this reference. The types of facilities described in Exhibit A are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed public facilities are necessary to meet increased demands and needs placed upon the City and other public agencies as a result of development within the District. The cost of acquiring such public facilities includes incidental expenses where applicable including, but not limited to, the costs of planning and designing such facilities; all costs associated with the establishment of the District, the issuance and administration of bonds, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of such facilities SECTION 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such public facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of such District. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem 2 taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. SECTION 7. Public Hearin.q. NOTICE IS GIVEN THAT ON THE 18TH DAY OF OCTOBER, 2000, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE PUBLIC FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. SECTION 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 3 Ib, 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. SECTION 10. Reservation Of Ri~hts To Authorize Tender Of Bonds. The City Council reserves to itself, in its capacity as the legislative body of the District if formed, the right and authority to allow any interested owner of property within the District, subject to the provisions of Government Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer of the City of Rancho Cucamonga, acting for and on behalf of the District, in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. SECTION 11. Advances Of Funds Or Work-In-Kind. At any time either before or after the formation of the District, the City Council may accept advances of funds or work- in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with Catellus Development Corporation to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. PASSED, APPROVED, And ADOPTED this day of , 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 4 Exhibit "A" Description of Public Facilities The types of public facilities proposed to be financed by the District shall include: Street improvements on public street improvements required as a condition of approval of development of the property within the proposed District; such street improvements to include but not be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. A-1 ib5 EXHIBIT "B" CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (Rancho Cucamonga Corporate Park) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax applicable to each assessor's parcel or portion thereof in the CFD shall be levied and collected according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the CFD, unless exempted by law or by the provisions of this Rate and Method of Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS "Act"means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Acre or Acreage" means the lard area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. "Administrative Fees or Expenses" means the actual or estimated costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, corporate paying agents, fiscal agents, and trustees; the costs of collecting installments of the Special Taxes upon the general tax rolls; cost of arbitrage calculation and arbitrage rebates, preparation of required reports; and any other costs required to administer the CFD as determined by the City. "Administrative Services Director" means the Administrative Services Director of the City or his or her designee. "Assessor" means the Assessor of the County. City of Rancho Cucamonga August 28, 2000 CFD 2000~)2 (Rancho Corporate Park) B- 1 Page 1 "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section VI. "Bonds" mean any bonds issued by the CFD or other debt as defined in Section 53317 (d) of the Act incurred by CFD 2000-02. "CFD" means the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park). "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting for the CFD under the Act. "Co u nty" means the County of San Bernardino, California. "Debt Service"' means for each calendar year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Indenture" means.the bond indenture, fiscal agent agreement, indenture of trust, trust agreement, resolution of issuance of other instrument pursuant to which the Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maximum Annual Special Tax" means the greatest amount of Special Tax, determined in accordance with Section III, that can be levied in any Fiscal Year on any parcel. "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax for all of the Taxable Parcels in the CFD. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel" means any County of San Bernardino assessor's parcel that is within the boundaries of CFD, based on the equalized tax rolls of the County of San Bernardino as of January 1 in the prior Fiscal Year. "Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel divided by the Maximum Annual Special Tax Revenue. City of Rancho Cucamonga August 28, 2000 CFD 2000~2 (Rancho Corporate Park) Page 2 7 "P a y off P arc e I" means any Taxable Parcel for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section VI. "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. "Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. "Reserve Requirement" shall have the meaning given such term in the Indenture. "Special Tax" means any tax levied within CFD pursuant to the Act and this Rate and Method of Apportionment of Special Tax. "S p e c i a I T a x O b I i g a t i o n" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means for any Fiscal Year, the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year [subject to the limitations of Government Code Section 53321(d)], less a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Acreage" or "Taxable Acre" is the area within each Taxable Parcel that is suitable for commercial or other improvements when considering existing easements for streets. The minimum Taxable Acreage in this CFD is 137.38 acres. If the total Acreage of all Taxable Parcels falls below the minimum Taxable Acreage of 137.38 acres, the Taxable Acreage for each Taxable Parcel shall be increased proportionally based on the Acreage of such Parcel until the minimum Taxable Acreage is reached "Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. "Tax-Exempt Parcel" means, as of January 1st of each year, (i) any Parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (ii) any Parcel which constitutes public right-of-way or which is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set forth in the easement, or (iii) any Parcel assigned a zero value by the Assessor. Ci~ of Rancho Cucamonga August 28, 2000 CFD 20004~2 (Rancho Corporate Park) Page 3 Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after the adoption of the Resolution of Formation by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessory interest in the parcel to a non-exempt person or entity, the Special Tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. II. CLASSIFICATION OF PARCELS At the beginning of each Fiscal Year, using the definitions above, the Council shall cause each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel.. III. MAXIMUM SPECIAL TAX RATE The Maximum Annual Special Tax Rate is $3,896 per Taxable Acre. On each July 1, commencing on July 1, 2002, the Maximum Annual Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. IV. APPORTIONMENT OF SPECIAL TAX Commencing with the first Fiscal Year for which the Special Tax is levied and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and levy the Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as follows: (1) The Special Tax shall be levied on each Taxable Parcel in an amount equal to 100% of the applicable Maximum Annual Special Tax; or (2) If less monies are needed to satisfy the Special Tax Requirement, the Special Tax shall be levied proportionally on each Taxable Parcel at less than 100% of the Maximum Annual Special Tax; provided that, the Council may levy an amount in excess of the Special Tax Requirement if all authorized CFD Bonds have not already been issued. Ci~f of Rancho Cucamonga August 28, 2000 CFD 2000,n2 (Rancho Corporate Park) Page 4 V. MANNER OF COLLECTION Collection of the Special Tax shall be by the County of San Bernardino in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City may provide in the Indenture or in the Resolution of Issuance for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of delinquent Special Taxes. VI. SATISFACTION OF SPECIALTAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation ("Special Tax Prepayment") by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: · The City determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding. No Special Tax prepayment shall be allowed unless the Maximum Annual Special Tax that may be levied on all Taxable Parcels other than the Payoff Parcel is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Maximum Annual Special Tax for the Payoff Parcel based on the assignment of the Maximum Annual Special Tax described in Section III above. Step 2: Divide the Maximum Annual Special Tax for the Payoff Parcel from Step 1 by the Maximum Special Tax Revenue to arrive at the Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 Ci[y of Ram'ho Cucamonga August 28, 2000 CFD 2000~2 (Ran:ha Corporate Park) Page 5 //D by the total amount of Outstanding Bonds issued by the CFD. Step 4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. Step 5: Calculate the amount needed to pay interest on the Bond Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Special Tax Prepayment less money kept by the City to cover costs from the date of the prepayment until the first redemption date for the Bonds. Step 6: Determine the Total Prepayment Amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step A.5 and by adding Debt Service not yet paid for the current calendar year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Special Tax Prepayment. VII. TERM OF "SPECIAL TAX" The Special Tax shall be collected only so long as required to make payments on the Bonds, but in no event shall it be levied after Fiscal Year 2035-2036. Ci~ of Rancho Cucamonga August 28, 2000 CFD 2000~2 (Rancho Corporate Park) Page 6 /// I~ANCHO CUCAMONGA Stuff Report DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL QF A RESOLUTION ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) RECOMMENDATION It is recommended that the City Council approve the attached resolution ordering and directing the preparation of a report for proposed Community Facilities District (CFD) 2000-02 (Rancho Cucamonga Corporate Park). This special tax report is necessary to provide the City Council with information on the proposed CFD on which to base their final decision. This action is recommended in accordance with the request of the property owner and pursuant to City policy. BACKGROUND The proposed CFD is being requested by Catellus Development Corporation to fund public improvements related to their development located on the east and west sides of Milliken Avenue, South of Foothill Boulevard and north of Arrow Route (Rancho Cucamonga Corporate Park). This is the same development where GATX Logistics and Lowes Home Improvement Center are located. These facilities will serve the residents of the community by providing needed beautification, traffic signals, street and storm drain improvements. Specifically the facilities will include the improvement and beautification of Milliken Avenue and the installation of a traffic signal and a storm drain from Arrow Route to Foothill Boulevard; the construction of Millennium Court; the improvement and beautification of Arrow Route and the installation of a storm drain; and the improvement and beautification of Foothill Boulevard and the installation of a storm drain and traffic signal along the project frontage. To help fund these improvements, the developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated costs are being borne by the developer. APPROVAL OF A RESOLUTION ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANGHO CUGAMONGA CORPORATE PARK) September 6, 2000 Page 2 In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the preparation of a special tax report to provide the City Council with the necessary information and findings on which they can base their final decision on whether or not to form the CFD. Generally the report will contain a full and complete description of the public facilities to be acquired; a general cost estimate setting forth the costs of acquiring the public facilities and providing the specified public services; and the particulars of the rate and method of apportionment for the proposed special tax. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Respectfully submitted, Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. 0~-17~, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be designated as COMMUNITY FACILITIES DISTRICT NO 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"); and, WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a report to provide more detailed information relating to the proposed District, the proposed public facilities to be financed through the District, and estimate of the cost of providing such facilities (the "Special Tax Report"). NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION '1. The above recitals are all true and correct. SECTION 2. The City Manager is hereby directed and ordered to prepare or cause to be prepared the Special Tax Report to be presented to this City Council, generally setting forth and containing the following: FACILITIES: A full and complete description of the public facilities the acquisition of which is proposed to be financed through the District. COST ESTIMATE: A general cost estimate setting forth costs of acquiring such public facilities. SPECIAL TAX: Further particulars regarding the rate and method of apportionment for the proposed special tax. SECTION 3. The Special Tax Report, upon its preparation, shall be submitted to this City Council for review, and such report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. PASSED, APPROVED, and ADOPTED this day of , 1 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 115 TH E CITY OF ~ANC110 CUCAMONGA St fffReport DATE: September 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF A RESOLUTION DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) RECOMMENDATION It is recommended that the City Council approve the attached resolution declaring its intention to issue bonds secured by special taxes to pay for the acquisition of certain facilities in proposed Community Facilities District (CFD) 2000-02 (Rancho Cucamenga Corporate Park). The total amount of bonds necessary to acquire the facilities is estimated to be $7,000,000.00. This is a necessary function required for the formation of any CFD. In order to acquire the public facilities, it is necessary to issue bonds which are secured by the special taxes collected by the CFD. BACKGROUND The proposed CFD is being requested by Catellus Development Corporation to fund public improvements related to their development located on the east and west sides of Milliken Avenue, South of Foothill Boulevard and north of Arrow Route (Rancho Cucamonga Corporate Park). This is the same development where GAT× Logistics and Lowes Home Improvement Center are located. These facilities will serve the residents of the community by providing needed beautification, traffic signals, street and storm drain improvements. Specifically the facilities will include the improvement and beautification of Milliken Avenue and the installation of a traffic signal and a storm drain from Arrow Route to Foothill Boulevard; the construction of Millennium Court; the improvement and beautification of Arrow Route and the installation of a storm drain; and the improvement and beautification of Foothill Boulevard and the installation of a storm drain and traffic signal along the project frontage. To help fund these improvements, the developer has requested that a APPROVAL Of a RESOLUTION DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN PROPOSED COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) September 6, 2000 Page 2 CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated costs are being borne by the developer. In order to form the CFD, several preliminary actions are required by the City Council. One of those actions is the adoption of resolution of intention to issue bonds. The debt service for these bonds will be secured by special taxes collected by the CFD for this specific purpose. The aftached resolution accomplishes this purpose. By adopting this resolution, the City Council is not actually forming the CFD. A public hearing and election of the affected property owners must still be held. After the public hearing the City Council will make the final decision whether or not to form the CFD. This resolution does not obligate the City Council to form the CFD. This action meets the statutory requirements for forming a CFD and all associated costs are borne by the developer with no negative impact to the City's general fund. This action is also consistent with established City policy. For these reasons, it is recommended that the City Council approve this resolution. Duane A. Baker Assistant to the City Manager -2- RESOLUTION NO. 06-/7~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") to finance the acquisition of certain authorized facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"); and, WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a portion of such facilities through the issuance of bonds, such bonds to be secured by special taxes to be levied on taxable property within the District, all as authorized pursuant to the Community Facilities District Act. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga as follows: SECTION '1. The above recitals are all true and correct. SECTION 2. This City Council declares that the public convenience and necessity requires that a bonded indebted ness be incurred to finance all or a portion of certain public facilities as proposed for the designated District. SECTION 3. The purpose for the proposed debt is to finance the acquisition of authorized public facilities consisting of the types of public facilities described in Exhibit A attached hereto and incorporated herein by this reference. SECTION 4. The amount of the proposed bonded indebtedness, including the cost of the facilities, together with all incidental expenses, contingencies and financing costs is generally estimated to be: $7,000,000 SECTION 5. NOTICE IS GIVEN THAT ON THE 18TM DAY OF OCTOBER, 2000, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO INCUR A 1 BONDED INDEBTEDNESS TO FINANCE PUBLIC FACILITIES IN THE COMMUNITY FACILITIES DISTRICT BY THE LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE AREA, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING THE BONDED INDEBTEDNESS WHICH WILL PAY FOR ALL OR A PORTION OF THE PROPOSED PUBLIC FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN SAID COMMUNITY FACILITIES DISTRICT. SECTION 6. Notice of the time and place of the public hearing shall be given by the City Clerk by publishing a Notice of Public Hearing in a legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. PASSED, APPROVED, and ADOPTED this day of , 2000. AYES: NOES: ABSENT: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 2 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES Street improvements on public street improvements required as a condition of approval of development of the property within the proposed District; such street improvements to include but not be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. A-1 ORDINANCE NO. 631 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND U.C.P. INC. FOR THE PURPOSE OF DEVELOPING AN APPROXIMATELY 250-ACRE SITE WITH UP TO 685 RESIDENTIAL LOTS AND UP TO TWO COMMERCIAL AREAS, GENERALLY LOCATED NORTH OF HIGHLAND AVENUE, BETWEEN DAY CREEK CHANNEL AND WEST OF HANLEY AVENUE - TENTATIVE TRACT MAP 14493 THROUGH 14498, 14522, 14523, 15838, AND 15902. A. RECITALS. 1. California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment ih and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." 3. California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buitdings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." Ordinance No. 631 Page 2 of 68 4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed DeveLopment Agreement 00-02, concerning that property generally Located north of Highland Avenue, east of Day Creek Channel and west of Hanley Avenue, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On July 12, and continued to July 26, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution. 6. On August 16, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed an addendum to the EIR and SEIR as certified by the County of San Bernardino and augmented by an addendure prepared by the City of Rancho Cucamonga as legally sufficient for the University Planned Development Project. SECTION 3: Based upon substantial evidence presented during the above- referenced public hearing on August 16, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) This Development Agreement shall not become effective until General Plan Amendment 00-03, and Etiwanda North Specific Plan Amendment 00-01 have been reviewed and approved by the City Council. Ordinance No. 631 Page 3 of 68 SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement 00-02, attached hereto as Exhibit "A." SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage 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. PASSED, APPROVED, AND ADOPTED this 6th day of September. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk Ordinance No. 631 Page 4 of 68 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of August 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of September 2000. Executed this 7th day of September 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Ordinance No. 631 Page 5 of 68 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Rancho Cucamonga 10500 Civic Center Dhve Rancho Cucamonga, Califorma 91730 (Space above for Recorder's Use Only) DEVELOPMENT AGREEMENT By and Between THE CITY OF R. ANCHO CUCAMONGA, CALIFORNIA and U.C.P. INCORPORATED, a California corporation Dated: ,2000 Ordinance No. 631 Page 6 of 68 DEVELOPMENT AGREEMENT BETWEEN THE Crt'¥ OF RANCHO CUCAMONGA AND U.C.P. INCORPORATED CONCERNING THE REVISED UNIVERSITY PROJECT This Agreement (the "Development Agreement") is made and entered into this __th day of ,2000, by and between U.C.P. Incorporated, a California corporation ("U.C.P.") and the City ofRancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code. U.C.P. and its successors and assigns, if any, are referred to collectively hereinafter as the · 'Property Owner." The CITY and U.C.P. are collectively referred to herein as the "Parties." RECITALS: A. To provide more certainty in the approval of development projects, to encourage private participation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto. B. Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as specified in the Development AgreemenL C. Property Owner owns fee title to approximately 250.67 acres of real property located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit "A" attached hereto (the "Project Site"). Previously, the Project Site was subject to land use entitlements resulting from the Connty's approval in 1991 of the University/Crest Project Planned Development, PUD No. W 121 --49 (the "Universixy/Crest PD"). The University/Crest PD entitlements combined two separately owned properties with 1,238 residential units, commercial development, school, park and open space of 1,111.29 acres. The Project Site is the University portion of the University/Crest PD. D. In 1998, Property Owner applied to County for approval of revisions to the University/Crest PD, to modify the previous entitlements related to the Project Site (the "Revised University Project" or the "Project"). The requested modifications included: 1. Separating the University portion of the University/Crest PD from the Crest portion; 2. Adding 64 acres to the University portion, formerly owned by Southem Califorma Edison which had bisected the Project Site; 3. Increasing the number of dwelling units from 578 to 685; 4. Modifying the location of commercial uses and adding a net 2.3 acres of commercial development; 5. Increasing the proposed school and park sites by 6.0 acres; 6. Revising the project design with street alignments, lot designs and increased lots sizes; 7. Extending Banyan/Sunumt Avenue westerly over Day Creek Channel, to connect to Rochester; 8. Transferring to the County of San Bernardino, in fee, 86 acres (one-half ors 172 acre parcel) of off- site land for permanent open space, along with funding in the amount of $110,000.00, to provide for long-term maintenance of such off-site land; and "' Ordinance No. 631 Page 7 of 68 9. Eliminating the 67S-acre open space area fTOm the Project, as it had already been transferred to the County by the Mettopoliun Water District. E. On October 26, 1999, the County approved the Revised University Project, namely Revised Preliminary Development Plan W 121-49, and a Minor General Plan Amendment and zone change for the former SCE property (the "Revised University Project Entitlements"). In accordance with the roles, regulations and policies of the California Environmental Quality Act ("CEQA') and the County's Development Code, the County certified a Supplemental EIR in connection with the Revised University Project Entitlements (the "SEIR") as being accurate, adequate and complete in the environmental evaluation of the impacts associated with the Revised University Project and adopted Findings and a Statement of Overriding Considerations. F. On November 29, 1999, the CITY filed a Petition for Writ of Mandate and Complaint for Declaratory Relief challenging County's approval of the Revised University Project and certification of the SEIR (the "Litigation"). The CITY filed a fnat amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief on February 3, 2000 (the "Petition"), In the Petition, the CITY alleged, inter alia, that ( 1 ) the County should have prepared a new, or subsequent EIR for the approval of the Revised Project due to the requested changes in the Project; (2) the SEIR is inadequate; (3) the Findings did not support the Statement of Overriding Considentions; (4) the County failed to consider and apply the CITY's land use and zoning standards when it appruved the Revised University Project; (5) the County's finding of conformity with the CITY's land use and zoning laws was not supported by substantial evidence; and (6) the County's general plan amendment related to spheres of influence was invalid. G. On March 20, 2000, U.C.P. filed its answer and response to the Petition, denying each and every allegation. H. On March 24, 2000, the County filed its answer and response to the Petition, denying each and every allegation. I, Subsequent to initiation of the Litigation, the CITY and Property Owner have resolved theU' differences, as memorialized in a transaction which is the subject of a Senlement, Pre-Annexadon, and Tolling Agreement between them, dated April __, 2000 (the "Setllement and Pie-Annexation Agreement"). As a condition of entering into the Settlement and Pre-Annexation Agreement, the CITY and Property Owner have agreed to enter into a development agreement, substantially in the form of this Development Agreement, subject to compliance with all applicable legal requirements for notice, hearing and findings. In addition to providing a vehicle for senlement of the Litigation, this Development Agreement will enable the CITY to realize recreational, commercial, residential and regional benefits and facilities. The development of the Project at the earliest practicable date will enhance the quality of life of present and future residents of the CITY. J. As further set forth in Ordinance No. enacted by the CITY on __ _, 2000 (the "Enacting Ordinance"), the execution of this Development Agreement and the performance of and compliance with the terrrts and conditions set, forth herein by the Panics hereto: (i) is in the best interest of the CITY; (ii) will promote the public convenience general welfare, and good land use practices in the CITY; (iii) will promote preservation of land values: (iv) will encourage the development of the Project by providing a level of cenain~y to the Property Owner; and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan. A~reement NOW, THEREFOR.E, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: -2- Ordinance No. 631 Page 8 of 68 Section 1. GENERAL PRO___VISIONS A. Effectiveness of Develooment Agreement Notwithstanding the effective date of the Enacting Ordinance, this Development Ag'eement shall only become operative and the rights and obligations of the Panics shall only arise, if all of the following have occurred before March 01, 2001, unless that date is mutually extended in writing by Property Owner and the CITY: (i) The Project Site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not then subject to judicial challenge; and (ii) The Parties have performed all of theix respective obligations under the Senlemem and Pre~Armexation Agreement. B. Term The term of this Development Agreement shall commence on the effective date of the enacting Ordinanoe and shall extend for a period often (10) years therea~er (the "Term"), unless axis Development Agreement is terminated, modilied or extended by circumstances set forth in this Development Agreement, including, without himtation, the extensions provided below and any extension ara'ibutable to the "force majeure" circumstances described in Section 2D5 hereof or by nsutual ',vrinen consent of the Parties. · Following the expiration of the Term, this Development Agreement shall be deemed ter:mnated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising fxom project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the strucRtres that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for pro'poses of ensunng, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be iegal conforming uses. C. Assignment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any person, parmership. joint venture, firm or corporation at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in Default, as defined in Section 3C hereof, of any of the terms of this Development Agreement when the Transfer occurs. If all or a portion of the Project Site is Transferred and there is noncompliance by the transferec owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that txansferee or transfemr, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any other portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3C hereof. In no event shah the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations under this Development Agreement to such public agency unless specifically stated to be the case in this Development Agreement, any of the exhibits at.ached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Ordinance No. 631 Page 9 of 68 Property Owner shall notify the CITY not less than sixty (60) days before any such Transfer, and such notice shall contain all material information regarding the contemplated Transfer, including but not limited to the identity of the transferee, and the material terms of such contemplated Transfer. D, .Amendment of Affreerne. nt This Development Agreement may be amended from time to time by mutual consent of the Parries in accordance with the provisions of Govermnent Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the Parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Devc opment Agreement without amending this Development Agreement. Property Owner and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Panics' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or inteq~retation oftiris Development Agreement, without amending the Development Agreement, the Parties may do so through one or mere implementing agreements (the "Implementing Agreement"), which shall be executed by the Community Development Director of CITY (the "Community Development Director") and by an authorized representative nfProperty Owner. After execution, each Implementing Agreement shall be attached as an addendure and become a part of this Development Agreement, and may be further changed or supplemented from time to thne as necessary. Such Implementing Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the Commuinty Development Director (on behalf of the CITY), if the Community Development Director has detertinned that such implementing agreements are not materially inconsistent with this Development Agreement, and the applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purpor~ to change land use designations applicable to the Project Site under the Revised University Project Entitlements, shall be considered "material" and require amendment of this Agreement in accordance with the provisions of California Government Code Secdons 65867 and 65868. SeCtion 2. pLANNED DEVELOPMENT OF THE PROTECT A. Land Use Entitlement The land use entitlements approved by the County are depicted on Exhibit "B". The Parttes acknowledge that, without being obligated to do so, Property Owner plans to develop the Project Site in substantial conformity with the Revised University Project Entitlemenu as amended by this Development Agreement. Dttnng the Term, the penTatted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requiremenu, provisions for reservations or dedications, design and performance standards and other terms and conditions of development of the Revised University Project, shall be those set forth in the Revised University Project Entitlementa as amended by this Development Agreement. The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Revised University Project Entitlements. The Parties acknowledge and agree that the total number of lots in the approved txacts total 685 lots and that lots may be shifted between tracts without increasing the overall number of lots and be in substantial conformity with the Revised University Project Entitlements as amended by this Development Agreement. The CITY Planner shall exercise his reasonable discretion to review tnnsfers of lots between tracts and make the determmatinn of substantial compliance. Other certain specific modifications of the Revised University Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto constitute material provisions of the Development Agreement, and axe incorporated herein. - 4 - Ordinance No. 631 Page 10 of 68 B. Rules and_L~Re ulations Pursuant to California Government Code Section 65856 and except as othervwise explicitly provided in this Development Agreement, the ordinances, roles, regulations and official policies govermng penrotted uses of the Project Site, the density and intensity of such uses, and design, improvement, and consnuction standards and specifications applicable to development of the Project, shall be the Revised University Project Entitlements and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies and General Plan provisions in force at the time of the effective date of this Development Agreement, but only to the extent that they are consistent with the Revised University Project Entitlemerits, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and Americans With Disabilities Act CADA'') s~andards shall be followed, and the landscape standards applicable shall be those specified in this Development Agreement, and/or the CITY's standards. In the event of any conflict between the CITY's ordinances, pales, regulations and official policies and General Plan and the Existing Laws, then the Existing Laws shall contxol. The CITY shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules, regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be deemed to occur if, without limitation, such Future Policies: (i) modify the pertained types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the couslzuction or provision of on-site or off-site improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of exactions, other than as are in each case specifically provided for in this Development Agreement; (ii) prevent the Propei, ly Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dales and under such circumstances as the Propel'~ Owner would otherwise be entitled under this Development Agreement; (iii) prevent or inhibit Property Owner from commencing, continuing and finishing on a timely basis the construction and development of the Revised University Project or timely satisfaction of Property Owner's obligations under this Development Agreement, in the manner contemplated by this Development Agreement; and/or (iv) render any conforming use of the Project Site a non-conforming use or any structure on the Project Site a non-conforming structure. C. Designand Infraswacture Issues 1. Commercial. Park and School Sites The County's approved land uses in the Revised University Project are depicted on Exhibit "B". Despite these approved land uses, the CITY and Property Owner desire that Property Owner modify certain of the approved commercial sites, and provide for the joint use of the Park and School site in confornmty with this Development Agreen~nt. a. Commercial Sites (i) The Intex Properties Commercial Site The CITY desires that the commercial site located on the northwest comer of Banyan Avenue and Day Creek Boulevard be enlarged and have a minimum depth of three hundred (300) feet. If a larger commercial development is not feasible, then this site should be considered for residential development. However, this commercial site is owned by Intex Properties, and not by Property Owner and, therefore, Property Owner has no legal ability to make an agreement about the future development of this commercial site. Nevertheless, Property Owner shall use good faith, diligent efforts in negotiations with Imex Properties to accommodate the CITY's desires Ordinance No. 631 Page 11 of 68 to provide for a commercial site of 9.1 acres in substantial conformity with Exhibit "C". The CITY recognizes that the commercial development depicted on Exhibit "C" does not meet the CITY's usual I O-acre minimum site. Should these negotiations result in an agreement to develop a larger commercial site, Property Owner agrees to make application to the CITY to modify its Entitlements and to use diligent, good faith efforts to cause an application to be made to the CITY for the entitlemerits to develop the larger commercial site. Should the negotiations not result in an agreement with Intax Properties, then Property Owner may proceed with residential devehiPment ofTract14494ofits project site, as generally depicted on Exhibit',D". lfa larger commercial development is not possible, then the Imex Properties Site may be considered for development with residential development or other CITY-appmved commercial uses allowed under the low residential disu-ict of the Etiwanda North Specific Plan. In that case, the approved entitlemerits of Tract 14494 will be modified to extend the sn'eet south to Banyan Avenue, as generally depicted on Exhibit "D" and the CITY agrees to participate in any required condemnation proceeding to allow the construction of the new street to connect to Banyan Avenue in conformity with CITY standards. (ii) Ann G Property Owner may apply to the CITY for development of the commercial site located within Axes G of the Project Site Plan (see Exhibit "B") in accordance with the Revised University Project Entitlements and the CITY agxees to consider, in good faith. such application. The Parties acknowledge that the design criteria for this commercial development shall be those contained in the Etiwanda North Specific Plan, except the commercial site will be approximately 6.77 acres. All other development criteria shall comply with the applicable development standards of the CITY. Should commercial development under these criteria be infeasible, then the use of Area G will revert to residential, which may include a minimum of 26 lots for single family, detached homes, with minimum lot sizes of 7,200 square feet as depicted in Exhibit "E". Upon final decision by the CITY that commercial development of Area G is not feasible, the Property Owner shall initiate a zone change and General Plan amendment for residential development of the site within 120 days of such final decision. b. Park and School Sites The CITY and Property Owner agree to use diligent, good faith efforts to obtain the Etiwanda School District's agreement for reciprocal rights to shared parking facilities and use of the park site and school site. 2. Day Creek BOulevard Streetscapes The CITY desires that the design of Day Creek Boulevard streetcapes be modified from that approved as pan of the Revised University Project Entitlements, to accommodate a wider landscape setback along the east side of Day Creek Boulevard, and that the walls, pilasters and landscapes be modified to be substantially consistent with the development of Day Creek Boulevard south of the Project Site. Property Owner agrees to modify the design of Day Creek Boulevard as depicted on Exhibit "F", to build said streetscapes in substantial conformity with Exhibit "F-I". With the exception of grading and hardscape requirements, the improvements for Day Creek Boulevard shall be substantially consistent with the CITY's approved Day Creek Boulevard Master Plan however, the Parties acknowledge and agree that the median width shall be a maximum of 10 feet, and the parkway on the east side of Day Creek Boulevard shall be 25 feet hi depth from curb face, except as shown on Exhibit "F-2". The monuments at the intersections on Day Creek Boulevard shall be constructed in substantial conformity with Exhibits "G" and "G-I" and with the "Entry Monument Constructions Documents" on file with the CITY on October 1, 1999. 3. Banyan/Summit Avenue From SCE Easement to Rochester Avenue The CITY desires that Banyan Avenue, west of Day Creek Boulevard, be fi.dly extended from the existing Southern California Edison easement, which parallels the western boundary of the Project Site, through to Rochester Avenue on the west as this is identified as a vital link in the CITY's circulation plan. The CITY acknowledges and agrees that such extension is not a part of the Revised University Project Entitlements, and is not required for n'affic circulation related solely to the Revised University Project. Property Owner hereby agrees to provide the funding, and/or, construction necessary to build the tmprovements to Banyan Avenue through to Ordinance No. 631 Page 12 of 68 Rochester Avenue, including all consauction drawings and plans. The CITY agrees that within thirty (30) days of the receipt of final drawings and required completed applications, it will apply to the County of San Bcrnardino and any other local, State or Federal agencies with jurisdiction for all necessary pernuts to complete such improvements (the "Permits"). Property Owner shall have no obligation to obtain the Permits, but agrees to cooperate as necessary with the CITY to obtain such Permits. Once the CITY has obtained the Permits, Property Owner agrees to make such approved improvements to Banyan Avenue, in substantial conformity with the improvements depicted on Exhibit "H". The CITY agrees that it has requested that landscaping, including irrigation, be installed along the south side of the extension of Banyan Avenue, west of the property line of the Project site, and the CITY agrees that it will be responsible for the cost of maintenance of this landscaping, which may include, at the CITY's option, inclusion in any landscape maintenance district created pursuant to Section 2K, below. Attached as Exhibit "H-I" is the "Banyan Offsite Full Width Consauction" costs estimate. 4. Dry Utilities The Revised University Project Entitlements do not require that Burd vaults be installed and the CITY and Property Owner agree that no Bnsd vaults will be required throughout the Project Site. 5. Slones Grading plans depicting slopes in all landscape maintenance districts ("LMDs") shall be reviewed and approved by the CITY. The goal of such review is to minimize the slopes within the LMD project site areas. 2H:I V slopes may be permitted for up to 12 feet, six inches (12.5 feet) in height; harriscape conforrmng to the CITY's standards above the 12.5 feet height may be used upon review and agreement with CITY Staff and with retaining walls and/or crib walls us approved by the CITY Engineer. The location of slopes in excess of 12.5 feet within the Project Site are depicted on Exhibit "I". Proposed specific slope treatments which shall be applied to the slopes in excess of 12.5 feet are depicted on Exhibits "I-1" through "1-6". 6. Area H - with 68 Future Lots The Revised University Project Enfitlcments include a density of 68 lots on lots of a minimum size of 10,000 square feet for Area H, as depicted on Exhibit "B". Property Owner proposes to develop Area H as generally depicted on Exhibit "J". The Property Owner shall cooperate with the CITY to address transportation and circulation issues. The CITY agrees that this density will be applied to Area H, including the agreement to allow grading to achieve this density, unless public health and safety issues preclude approval of the necessary grading to allow the density as approved in the Revised University Project Entitlemerits. The CITY further agrees that any future approvals for Area H will rely upon the Revised University Project Entitlements, including the SEIR. In all other respects, Area H shall be reviewed and approved in compliance with the CITY's then applicable rules and regulations. The CITY acknowledges that the property now owned by the Etiwanda School Disu'ict, identified as Area I in paragraph 7 below, may allow for residential development and provide aRemate access to Area H. In the event that such development of Area 1 is approved, the Property Owner shall alter its development to accommodate the additional point of access. 7. Area I - E~wanda School District Property The Parties acknowledge that the Etiwanda School District ("District") owns the area depicted as Area I on Exhibit "K". Representations have been made to the Parties that the Dislnct is prepared to submit a tentative lnct map for residential development in Area I which will propose the development of 30 lots in accordance with the Efiwanda North Specific Plan. The CITY and Property Owner agree to use diligent, good faith efforts in considering the development of Area I in conjunction with the Revised University Project. 8. Pasens In accordance with the previous Settlement Agreement among CITY, COUNTY and Property Optner's predecessors-in-interest, the Project Site is to include seven (7) additional paseos to provide access to the nails provided in CITY. The C/TY and Property Owner agree that the number ofpaseos to be requixcd Ordinance No. 631 Page 13 of 68 within the Project Site and the location of the pascos shall be approvcd by the CITY's Trails Comrmrtee. The CITY's Staff accepts eight {8) foot maximum widths for construction of the paseos in substantial conformsty with the drawing attached as Exhibits "L" and "L-l". 9. Circula._.__.!tion Issues and Fees a. Hanson A2~regates (i) Access. The Revised University Project Entitlements require that Property Owner provide to the Hanson Aggregates operation located west of the Project Site, roterim and permanent access along Banyan Avenue to the Day Creek Boulevard interchange at State Highway Route 30. CITY and Property Owner agree that such access shall be provided in accordance with the Revised University Project Entitlements and as depicted on Exhibit "M". Furthermore, the Parties agree that the intersection of Banyan Avenue and Day Creek Boulevard will be conslructed in substantial conformity to the depiction on Exhibit "M-l ". (ii) ~. Property Owner agrees to provide a disclosure statement to all purchasers stating that the Hanson Aggregates operations has fights of access for its truck traffic along Banyan Avenue from the operation to Day Creek Boulevard, and to the interchange at State Highway Route 30. b. Transvortation Fee/Traffic Impacts Analysis Circulation improvements necessary to serve the area in and around the Project Site, not currently within the CITY, are generally depicted on Exhibit "N." The Parties acknowledge that the Properly Owner plans to build improvements that exceed the Project Transportation requirements. The CITY agrees to establish a circulation fee for the area depicted on Exhibit "N" as a mechanism to reimburse the Property Owner for construction of infrastructure in excess of Properly Owner's fair share. The fee shall be calculated on a per-acre basis, with the cost of the infrastructure allocated to the bane~ting properties. Exhibit "N-l" depicts the bene~ting properties and their respective fair share. Exhibit "N-2" through "N-5. depict the estimated costs of the infrastructure. Exhibit "N-6" depicts the street cross-sections. c. Other Circulation Irnvrovements The CITY has requested and the Properly owner has agreed to make the following changes to the Revised University Project; (i) HanJey Avenue shall be a minimum of 50 feet in width, curb to curb, from Banyan Street to the School District's north property line in order to provide lefl rum pockets and overflow parking for the school as depicted on Exhibit "O". (ii) Property Owner shall conslruct sidewalks on the west side of Hardey Avenue from Banyan Street to Wilson Avenue, except for the portion of fee property depicted as "N.A.P." on Exhibit "P". As to this portion, the Parlies acknowledge that the School District owns this portinn and has ah'eady submitted plans to the State of California which depict the consmlction of a sidewalk on this portion. (iii) Traffic signals shall be installed on Day Creek Boulevard at Wilson Avenue, Banyan Avenue, and Vintage Drive, the traffic signal at the intersection of Banyan Street and Day Creek Boulevard shall be operational when warranted, or by the issuance of the one-hundred and fiftieth { 150m) building permit, whichever ftrst occurs. The other nat'tic signals shall be installed by the end of the Project development, or when warranted, whichever first occurs. (iv) A raised median shall be provided on Day Creek Boulevard from Wilson Avenue to the Route 30 Freeway. Median island openings shall be allowed on Day Creek Boulevard at Wilson Avenue, the intersection located one-half distance between Wilson Avenue and Banyan Street, Banyan Street and Vintage Drive. Ordinance No. 631 Page 14 of 68 (v) Banyan Street from Hunicy Avenue to Rochester and Day Creek Boulevard from the Route 30 Freeway to the north project limit; shall be posted "no parking any (vi) Wilson Avenue shall be f~lly improved by Property Owner from the westera boundary ofTFret 14494 to the existing terminus of Wilson Avenue located west of Hanley Avenue, except for the north side of Wilson Avenue from Hanley Avenue to the point that is approximately 330' east of Day Creek Boulevard which is the responsibility ofTFret 13527, except one lane north of the median shall be installed to allow for traffic circulation. Wilson Avenue shall be conslracted with 72 feet of paved width, from curb to curb. A raised medium shall be constn~cted on Wilson Avenue, with median breaks allowed only at Day Creek Boulevard and HunIcy Avenue. Any other median breah must be approved by the CITY Engineer. The westerly terminus of Wilson Avenue shall include a suitable turn-around area for vehicles. (vii) Wilson Avenue shall be open to public traffic, but not necessarily fully improved, prior to issuance of any certificate of occupancy. (viii) Property Owner shall construct Day Crock Boulevard from Route 30 to Vintage Avenue, as depicted on Exhibit "F", by the issuance of the one-hundreth ( 100~) building permit, except that the Patties acknowledge this construction cannot be completed without thc cooperation of third panics who own the properties on the west side of Day Creek Boulevard above Route 30 or condcmnatinn of a fight of way along these properties. If, for any reason outside the control of the CITY and the Property Owner, Property Owner cannot timely complete the consm~ction of this portion of Day Crock Boulevard, then Property Owner shall bc entitled to deposit with the CITY a sum of cash or a letter of credit equal to two-hundred percent (200%) of the projected actual costs, cither total or partial, of such construction in full and complete satisfaction of its obligation, and to be relieved of any further rcs~ctions on the issuance of building permits. If the CITY is required to construct these improvements because of the Property Owner's failure or inability to do so, then Property Owner shall bc emitled to an accounting for the use of funds by the CITY to complete the construction and to a refund of monies not used for such construction, d. Reimbursement to Property Owner from The CITY's Sn'eet Improvement Deposits The CITY acknowledges that it has received deposits from other surrounding property owners or projects, including, but not limited to, Centex Homes (Tract 12659, $148,152.40), and Panda Development (Tract 13812, $225,000.00), and may collect other fees for construction along Hanley and/or Wilson Avenues (Tract 14120) (as more fully depicted on Exhibit "Q") (the Street Improvement Deposits). The CITY agrees that it will cooperate with Property Owner to require such surrounding property owners or projects to complete such Street improvements so that the improvements on Summit Avenue and HartIcy Avenue, on Vintagc Drive and on Wilson Avenue arc completed at the same time as Propcrty Ow'ncr's adjaccnt dcvclopmcnt. Alternatively, the CITY will complete the consInaction of these Street [mprovcmcnt~ using thc Street Impwvcmcnt Deposits, or the CITY agrees llmt Property Owner may elect to complete construction of all or a portion of the street improvcmcnB, limited to curb, gutter, street paving and striping, and street lights and CITY fin-thor agrees it will reimburse Propetty Owner from the Street Deposits upon the CITY Enginecr's acceptance of the Street Impwvemcnts and review and ofPropetty Ow'ncr's costs of constraction, which approval shall not be uurcasonably withheld. According to the Revised University Project Entitlemcnts, the regional portion of the EtiwandaJSan Soysine dFrmagc fee is $114,000.00, which Propetty Owner shall pay to the County, if required. The Propetty Owner shall also reimburse Kaufman & Broad and The Lyon Company on a per-acre basis for the coustruction of storm chain systems in Day Creek Boulevard south of Highland Avenue in the form of payments at the rime of the ftrst certificate of occupancy of any umt tributary to the storm drain systems. The per-acrc basis calculation and Property Owner's fair share of the total cost of the consn'uction of the storm drain systems set forth heroin is contained in Exhibit "R." Ordinance No. 631 Page 15 of 68 D. Timins of Development and Fees I. Develovment of Circulation Improvements a. Banvan/Summit Avenue - Hanley Avenue to Rochester Aven,e Property Owner agrees to promptly make such improvements for acceptance by the CITY Engineer before the issuance of any building permit for a housing unit over and above one-hundred (100) such units. However, if, for any reason not within the control of the CITY or the Property Owner, the CITY cannot obtain the Permits so that Property Owner can complete the improvements prior to the issuance of the building permit for the one-hundred and fu'st such umt, Property Owner shall be entitled to either deposit with the CITY a sum of cash or a lener of credit equal to two-hundred percent (200%) of the projected actual cost, either total or partial, of the consl1'uction of the unprovements in hill and complete satisfaction of its obligation, and to be relieved of any hinher resmctions on the issuance ofbnilding permits. if the CITY is requh'ed to constrivet these improvements because of the Property Owner's failure or inability to do so, then Propew] Owner shall be entitled to an accounting for the CITY's use of the funds to complete the improvements, and to a rehind of monies not used for such improvements, b. Da Creek Boulevard Propew] Owner agrees to consn'uct Day Creek Boulevard north to Wilson Avenue concurrently with Phase 1 (as defined in the Revised University Entitlements) and that such improvements will be substantially complete no later than issuance of the one-hundredth (1 00~') building permit in the Project. The CITY agrees to pmmpdy process all applications and permits consistent with its usual and customary procedures. Streetscape improvements from the curb will be constructed as development of the adjacent tncts occurs. 2, Develooment of the Park Site Propew] Owner agnes to consinlet the Park (as defined in the Revised Urdversity Project Entitlemerits) at the park site in substantial conformity with the depiction on Exhibit "S" and in cnnformance with ADA standards, except that the Parties agree that the P~rk will be consu'ucted with up to four (4) lit basketball courts and two (2) lit ball fields. The Park improvements will be substantially complete no later than issuance of the one- hundredth ( 100m) building permit in the Project. The Pardes agree that the product specification~ for the park amentries are listed on Exhibits "S-I" thi'ough "S-2" and that such amentries shall conform to CITY standards. The quantities and sizes of the amenities and materials shall be as depicted on Exhibit "S-3" and any remaining issues shall conform to CITY standards. The CITY agrees to promptly process all applications and permits consistent with its usual and customary procedures, The C1TY agrees that through dedication of 10 acres and consn-uction of the Park, Property Owner will exceed. through its construction costs, all requh'ements of the CITY 's parks fees and applicable standards. The CITY waives any requirement for payment of a Park fee against the Revised University Project. Pwpervy Owner shall dedicate the Park to the CITY and the CITY shall accept the dedication promptly upon completion. The CITY reserves the right to name the Park. 3. Develovment of Remainder of Project Site Neither Property Owner nor CITY can presently predict when or the rate at which phases of the Project Site shall be developed. since such decisions depend upon numerous factors which are not within the control of Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition, and other factors. The Parties acknowledge and agree that Propew] Owner retains flexibility under this Development Agreement to develop the Project in such order and at such rate and times as are appropriate within the exercise of the Property Owner's business judgment. The CITY further acknowledges that Propew] Owner may deshe to market, sell, or otherwise arrange for disposition of some or all of the Project Site, prior to development, and that the rate at which the Project develops will likely depend upon the business judgemerit of subsequent owners of the Pwject Site. Ordinance No. 631 Page 16 of 68 4. CITY's Cooperation CITY shall use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Propcny Owner with respect to the Project. Such cooperation shall include, without limilation, (a) using good faith, diligent efforts to process subsequent DevelopmentDesign Review in accordance with state regulations; and (b) promptly processing all ministerial permits in accordance with Scclion 2I below. Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site or the extent thereof, shall be deemed to conflict with Property Ovmer's vested rights to develop the Project under this Development Agreement and shall. to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subject to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws. However, ~he criteria used in the evaluation of each development proposal shall be based on the objectives, policies and specific development standards specified bereth. 5. Force Maieure Notwithstanding anything to the contrary contained in this Devclopmcnt Agreement, Property Owner and CITY shall be cxcused ~om performance of thcU' obligations under this Development Agreement during any period of delay caused by acts of God or civil commotion, nots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, economic consideration or any other cause beyond the reasonable conu'ol of CITY or Prope'~y Owner, as applicable. The time ofpcrfornunce of such obligations as well as the term of this Development Agreement shall automatically be extended by the period of such delay hereunder. E. Reimbursement Provision 1. Reimbursement Mechanism As set fo~a herein, pursuant to the Revised University Project Entitlements, the Property Owner will construct certain traffic/ciroulation improvements which will benefit other propew/owners and developments adjacent to or surrounding the Project Site. The Property Owner has incurred the costs of designing these improvements and will incur additional costs, including but not limited to consn-uction, installation, pernut and inspection (the "Costs"), as depicted in Exhibits "O-1" and "O-2." The Parties agree and acknowledge that the Costs are estimates, and ultimately, Property Owner will submit its actual costs to the CITY, and the CITY 's calculation of Propew/Owner's reimbursement shall be based upon such actual costs. The CITY fur. her acknowledges and agrees that as a part of the approvals of each of the projects referenced herein, it will condition such projects to pay fees for traffic/circulation improvements consistent with Section 9.b. hereof. This will provide the sole sousee of funds to reimburse Propew/Owner for its Costs. The Propew/Owner, upon application to the CITY made by the Propew/Owner not more frequently than once a calendar quarter, will be entitled to recover fi'om the CITY the fees so collected as reimbursable Costs. The CITY finds it reasonable and appropriate to provide for a mechanism for reimbursement to the Propew/Owner for these Costs. However, the CITY's reimbursement obligations shall be limited to the extent that the CITY can collect such funds. 2. Term of Reimbursement Provision The CITY agrees to collect the funds identified and to use those funds Io reimburse the Propew/ Owner, without interest thereon, pursuant to this provision. This reimbursement provision shall continue in effect until the Propew/Owner has been fully reimbursed as set forth herein, and shall survive the Term of this Development Agreement, unless the obligation is sooner satisfied by the payment in full of all reimbursable Costs due and owing to the Propew/Owner, after which the obligation shall cease. Ordinance No. 631 Page 17 of 68 F. Future E._____..n.ntitlements With respect to any endtiements that Property Owner may require in the future, including, without limitation, tentative t~act and parcel map approvals, conditional use pernuts, and Development/Design Review related to the Park Site, Commercial Sites and Area H, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, roles, regulations and official policies. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitiements which are consistent with the Revised University Project Entitlements as amended by this Development Agreement, except as otherwise specifically required by state or federal law. G. Environmental Review Other than the mitigation measures and conditions of approval set forth in the SEIR and the Revised University Project Entitlements (and any additional funaxe mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Revised University Project, as presently approved and as evaluated in the SEIR, shall be required. In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2F above), winch is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent pernurted by CEQA, the CITY shall use and adopt the SEIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without requiring new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional measures (or conditions) to mitigate, as permitted by CEQA, the adverse environmental impacts of such future entitlemerits, which were not considered at the time of approval of the Project; provided, however, that: (i) Unless required by state or federal law, no new or additional mitigation measures shall be imposed as a result of any Future Policies; and (ii) The CITY agrees and acknowledges that the TIA incorporated in the SEIR has fully analyzed the traffic projected to be generated from the Revised University Project, and, in accordance with all applicable legal requirements including, without limitation, the TIA Guidelines set forth in the San Bemardino County Congestion Mauagemeut Plan ("CMP"), no additional t~affic impact analysis shall be required for development of the Project Site as long as the number of vehicle nips generated do not exceed the veincle trips evaluated in the TIA analysis. In the event and at such time as the Project generates more vehicle nips than analyzed in the TIA, the CITY may require a new traffic impact analysis in accordance with such CMP standards as may exist at such time. Except in such event (and except for such u'affic circulation/site-access analysis as may be reasonably required to determine the configuration and alignment of Streets adjacent or internal to the Project), no further t~affic impact analyses shall be required by the CITY with respect to implementation of the Project. H. CITY Fees and Mandates by State or Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Revised University Project and Property O~mer (collectively, "Fees") fall within one of three categories: (a) fees for processing land use and constxuction pertrot applications which are not otherwise govemed by the provisions of Section 66000 of the Government Code (but winch are subject to the limitations set forth in Sections 66013, 66014 and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions winch are contemplated under ordinances or resolutions in effect as of the date ofthAs Development Agreement and which purport to defray all or a portion of the cost oftmpacts to certain public facilities, improvements and other amenlfies from development projects, including any fees described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defrayrag all or a portion of the cost of public facilities, improvements, or amedities related to development projects, but excluding the Existing Fee Categories ("Other Fees"). The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions: Ordinance No. 631 Page 18 of 68 1. ProccssinR Fees. T~e CITY may charge Processing Fccs '-,hich are in force and effect on a CITY-wide basis at the time of Pmpen~ Owncr's application for a land use enntlement or a consInaction perndt. The amount of any Processing Fccs shall be determined by the CITY in accordance with all applicable laws including, without lintation, Government Code Sections 66013,66014 and 66017-66018.5 (or any successor laws, as applicable). Unless othenvise agreed by Property Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout jurisdictional limits of the CITY. 2. ExistinR Fee Categories. As set forth above, the CITY agrees that certain fec categories, (including, without limitation, Transportation In~rovcmcnt fees, storm &ain improvement fees, and community park fees) have been or will be met by Property Owner through the construction of improvements. In consideration of the construction costs to be borne by Proper~) Owner, CITY waives its right to collect a Bcauti~cation Fec from the development of the Revised Univcrsit~ Project. Neither Propcn'y Owner nor the Project shall be subject to any additional CITY unposed fees, impositions or monetary exactions with respect to any Existing Fee Categories, for a period often (10) years following the effective date of this Agreement. The period during which fees within any Existing Fcc Categories arc limited as described in this section (and as further applied in paragraph 3 below) is referred to hcreinafter as the "Fee Limitation Period." · 3. Other Fees. In cousidcration of the Property Owner's agreement to modify the Revised University Project Entitlemcnts as specifically set fo~,h in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon Property Owner or the Revised University Project during the applicable Fee Limitation Period, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate cnvh'onmcntal irn~acts of the project in accordance with Section 2G above. Even in those cases where Property Owner or the Project may be rcqini'cd to pay Other Fees, any such Other Fccs shall be limited to Property Owncr's faia' share con~ibution to impacts created by the Project, shall not discnn'unatc against Property Owner (ns compared to other property owners in the CITY) and shall not duplicate any Exactions or other mitigations or fees contributed or paid by Property Owner or the Project, or bomc by property Owner or the Project through in-lieu construction. 4. Fiscal Impact Analysis. In consideration of the Property Owners' agreement to modify the Revised University Project Entitlements as specifically set forth in this Devchipmcnt Agreement and to implement the timing of development and improvements in accordance with the terms set forth above, and including the additional improveinches the Property Owner has agreed to construct, including but not limited to, the extension of Banyan Avenue from the SCE Easement to Rochester Avenue, the CITY hereby waives any requirement which it could impose of the Property Owner or the revised Uinvenity Project to complete a fiscal analysis for any approvals or permits that the CITY might issue under this Development Agreement. I. Non-Discretionary Permits The Panics acknowledge that in the course of implementing the Revised University Project, Property Owner will, from time to time, apply to the CITY for various nunistcrial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading pertrots, cousinaction pertrots, certificates of occupancy and pernuts requn'cd to connect the Project to utility systems under the CITY's jurisdiction (collectively, the "Non-Discretionary permits"). Property Owner shall have the fight to apply for any such Non-DiscretionaPy Pcrnnts in accordance with the Existing Laws (and any applicable Future Policies under Section 2B, above). The CITY shall issue to Property Owner, upon such applications, all required Non-Discretionary Permits, subject only to compliance with the tcrnn of this Development Agreement, the CITY's Existing Laws (and any applicable Future Policies under Section 2B above) and payment of CITY's usual and customary fees and charges for such applications and Non-Discrctinnary Permits (subject to the provisions of Section H above). The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in connection with such Non-Discretionary Permats (the "Approvcd Plans"), all further cntitlements, approvals and consents required from the CITY to unplcmcnt the Project which are consistent with and further implem~'nt such Approved Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement. Ordinance No. 631 Page 19 of 68 J. Cooperation 1. Coooeration With Other Public A~encies The CITY acknowledges that Property Owner may apply from time to time for permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Revised University Project, in connection with the development of or provision of services to the Project. including, without lin'fitation, approvals in connection with developing and implementing a tertiary water system, potential uansportation improvements and other on-site and off-site infrastructure. The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including, without limitation, the Cucamonga County Water District, and the Inland Empire Utilities Agency, and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. 2. Consauction of Off-Site Improvements To the extent that Property Owner is requixed to construct any off-site improvements as a condition of developing the Project, the Property Owner shall make good faith, diligent efforts to acquire any off- site property interests required to consauct such public improvements. If Property Owner fails to do so, Property Owner shall, at least 120 days prior to subminal of the fast final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 at such me as the CITY acquires the property interests required for the public improvements. Such agreement shall provide for paytnent by Property Owner of all costs incurred by the CITY to acquir~ the off-site property interests required in connection with the subdivision. Security for a portion of those costs shall be in the form of a cash deposit in the amount stated in an appraisal report obtained by Property Owner, at Property Owner's cost. The appraiser shall have been approved by the CITY prior to commencement of the appraisal. To the extent that such off- site improvements, or the consauction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the CITY, the CITY agrees to assist Property Owner to the fullest extent possible in ~btainmgreimbursement~r~therfairsharec~n~ibuti~nbysuch~therbene~tedp~~per~y~wners. Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefited property owners upon such owners' conuibution, on a fair share, pro-rata basis, to the consauction costs of such improvements. Without limiting the generality of the foregoing, the CI1"Y agrees that with respect to the infrasaucture improvements identified in Section 2E above, which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner for consauction and related costs incurred in providing such improvements to the extent legally perrrussible. 3. Public Financin The Parries hereby acknowledge that substantial public improvements must be constructed in order to develop the Park Site and the School and the reminder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Revised University Project. Subject to the CITY's ability to make all f'mdings requUed by applicable law and complying with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financing plan for the consauction of the public infrasauctore improvements. The implementation of such plan my include, without limitation, the formation of one or more assessment disuicts, or Mello-Roos commumty facilities disreels, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. The Panics acknowledge that it is Property Owner's intention to request that the Eti~vanda School District act as the lead agency for the plan, possibly with a joint powers agreement with CITY, for school facilities fees, the Park improvements, the storm drain improvements, and other CITY facilities. If the Etiwanda School District declines to act as the lead agency, CITY agroes to act in that capacity. All formation costs shall be borne by Property Owner subject to reimbursement by the Community Facilities District. Ordinance No. 631 Page 20 of 68 K. Creation of the Landscape and Street Lighting Maintenance Districts The CITY agrees to proroptly form the necessary Landscape and Lighting Maintenance Disuicts ("LMD") pursuant to California Streets and Highways Code Sections 22500 et seq. (the "Landscaping and Lighting Act of 1972") for the Revised University Project development to encompass the Project Site as well as the area being annexed by the CITY in accordance with the Settlement and Prc-Annexation Agreement. The Property Owner shall pay for the formation of the LMDs. The Parties agree that the LMD's must be established no later than rccordation of the final tract map and that the CITY may create LMD's which allow annexation of o~her areas. The Panics also acknowledge that assessments for LMD's are collected annually in June, and to the extent that assessments arc not collected through the LMD for the period ending June 2001, the CITY may request, and Property Owner agrees to provide, a reasonable cash deposit to fund the LMD. The CITY shall promptly upon receipt of assessments the following June reimburse Property Owner for any such cash advances to fund the LMD 's. Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65865.1, the CITY shall, once every twelve (12) montha during the term of this Development Agreement, review the extent of good faith substantial compliance by Propet'O/Owner with the terms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual Property Owner who may own a parcel comprising the Project Site. In connection with such annual review, Properly Owner shall provide such information as may be reasonably requested by the C11 Y' in order to dctcrrmne whether any provisions of this Agreement have been breached by Property Owner. If at any time prior to the review period there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions o f this Section 3 will apply. B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the Community Development Director shall, upon wnnen request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that based upon information known to the CITY, the Development Agreement remains in effect and Property Owner is not in default. The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record notice of compliance. Property Owner may record the Certificate of Compliance in the Official Rccorcks of the County of San Bcmardino. C. Findin~ of Default If, upon completion of the annual review, the Community Development Director intends to find that Property Owner has not complied in good faith with the material terms of this Development Agreement (a "Default"), he Shall first give written notice to such effect to Property Owner. The notice shall be accompanied by copies of all staff reports, staffr~commendations and other information concenung Property Owncr's compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to detertinning Propcny Owner's performance under this Development Agreement. The notice shall specify in detail the grounds and all facts allegeally damonslrating such noncompliance, so Propeny Owner may address the issues raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of such notice to file a wnnen response with the Community Development Director. Within 10 days after the expiration of such 20-day response period, the Community Development Director shall notify Property Owner whether he has determined that Property Own,r is in Default under this Development Agreement ("Notice of Default"). Such Notice of Defanit shall specify the instances in which Property Owner has allegeally failed to comply with this Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for Property Owner to meet the tetras of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably related to the tUne necessary to bring Propere] Owner's performance into good faith compliance. Ordinance No. 631 Page 21 of 68 D. Right to Ateheal Upon receipt of a Notice of Default, Propert7 Owner may appeal the Commttuit~ Development Director's decision directly to the City Council. Such appeal shall be initiated by filing a written notice of appeal with the City Clerk within ten (10) calendar days following Property Owner's receipt of the Notice of Default. The heating on such appeal shall be scheduled in accordance with Section 17.02.080 of the CITY's Development Code. At the hearing, Property Owner shall be enti~ed to submit evidence and to address all of the issues raised by the Notice of Default. If, after considering all of the evidence presented at the heaxing, the City Council finds and determines on the basis of substantial evidence that Property Owner is in Default, then the City Council shall specify in writing to Property Owner the instances in which Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. E. Progeny Owner's Cure Rights If Property Owner is in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement or to otherwise amend or limit Property Owner's fights under this Development Agreement In no event shall such cure period be less than the ring set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less than the time reasonably necessary to cure such Default. Any such cure period shall be extended by the force majeure circumstances described in Section 2D5 above. Section 4. ENFORCEMENT A. Enforceable b~ Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the Parties. B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamns. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4B are not intended to modify other provisions of this Development Agreement and are not intended to provide additional remedies not otherwise pertrated by law. C. Attorneys' Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbmsements in connection with such action. Any such attomeys' fees and other expenses incurred by either of the Parties in enforcing a judgment in its favor under this Development Agreement, shall be recoverable separately fi'om and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Ordinance No. 631 Page 22 of 68 Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigm. Insolaf as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign. B. Proiect as a Private Undertakim, It is specifically understood and agreed by and between the Parties that the Revised University Project is a private development, that neither party is acting as the agent of the other in any respect under this Development Agneement, and that each of the Parties is an independent contracting entity with respect to the term.s, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such private property. C. Cantions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, consti'ue, limit, amplify or aid in the interpretation, cons~uction or meaning of any of the provisions of this Development Agreement. D. Mon~,a~,ee Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Propercy Owner, i.n any manner, at Property Owner's sole discretion, from encumbenng the Revised University Project or any portion of the Revised University Project or any improvement on the Revised University Project, by any mortgage, deed of trust or other security device securing financing with respect to all or any pan of the Revised University Project or any improvement thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any Mortgage subsequently placed upon the Properly, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. 3. Mort2a~ee Not Obligated. Notwithstanding anylhing in this Development Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage CMongagee') may acquire title to or possession of all or any portion of the Revised University Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or nonjudicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to consWuct, fund or otherwise perform any affumative obligation or affu'mative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as aforesaid, assign or otherwise transfer the Project or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or u'ansferee of the obligations of the Property Owner with respect to the Propen"/or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof so assigned or transferred; and (b) the consent of CiTy shall not be required for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assutned all obligations of Property Owner with respect to the Project or portion thereof so acquU'ed which arise or accrue Ordinance No. 631 Page 23 of 68 subsequent to the date of purchase, but such purchaser shall not be responsible for an) prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (a) and (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to the granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder. 4. Notice of Default to Mortgagee: Riffht of Mortgagee to Cure If a Mortgagee files with the CITY Clerk, a w~nen notice requesting a copy of any Notice of Default given Propere/Owner under this Development Agreement and specifying the addl'ess for delivery thereof, then the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any norice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of tins Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure period given to Property O~vner with respect to such Default, to cure such default; provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thin/(30) day Period, and thereafter diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaimng possession, such Mortgagee shall be deemed to have remedied or cured such Default if such Mortgagee shall, within such thin}, (30) day Period, commence efforts to obtain possession and carry the same forward with diligcncc and continuity thzough implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3E above. 5. Banlcruntcy. Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the natore thereof to obtain possession of the Project Site by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bardcmptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Pmp~ny during the period of such prohibition if Mortgagee is procccding diligently to terminate such prohibition. 6. Amendment to D~vclopment Agrccrncnt. The CITY and Property Owner agree not to modify or amend this Development Agreement or to allow this Development Agrcemcnt Io be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything statcd above to the conu'ary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Dcvelopment Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Property Owner each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Revised University Project Entitleinches and the Existing Laws. E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or app~-oval shall not bc unreasonably with.held. F. Entire AcTcement This Development Agreement and the documents attached to and referred to in this Development Agreement consdtote the entire agreement between the Parties with respect to the subject matter of this Development Agreement. ..--.,- ....--. ,8. Ordinance No. 631 Page 24 of 68 G. Further Actions and Instruments Each of the Parties shall cooperate with and provide reasonable assistance to the other to the cxtcnt contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Devchipmcnt Agrccmcnt. Govemin~ Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the rights of each of the Parties shall be determined in accordance with the laws of the State of California. I. Recording The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bemardino no later than ten (10) days following the effective date of this Development 'Agreement. J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Developmorn Agreement. K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shah be deemed to have been waived by a party unless the waiver is in writing and signed by any of the Panics. L. Partial Invalidity If any term, covenam, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Notices All notices between the CITY and Property Owner and any ~ansferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon the delivery of such notice to the party for which it is intended at the address set forth below (or, in the case ofa ~ransferee, at the address specified by such uansfcree in a wrinen notice to CITY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Parties' current adda'ess are as follows: 'I'o CITY: City ofRancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Arm: Commtmity Development D~rector Ordinance No. 631 Page 25 of 68 With copies to: Mr. James Mark. man City Attorney Rinhards, Watson & Gershon One Civic Center Circle Brea, California 92821 To Pmper~ Owner: U.C.P., hxc. 5109 La Palma, Suite D Annhelm Hills, California 92807 Attn: Mr, Bruce Elieft Mr. Ben hnderson With copies to: Gresham, Savage, Nolan & Tilden 600 N. Arrowhead Avenue, Suite 300 San Bernardtrio, Califorma 92401 Attn: Mr. Maxk Ostoich Ms. Penny Alexander-Kelley Either of the Parties may change its mailing address or the person to whom notices are to be sent at any rime by giving written notice of such change to the other of the Parties in the manner provided above. N. Indemnification Property Owner hereby agrees to indemnify, defend, and hold ham,less the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement; provided, however, that Property Owner's obligations under this Section are subject to and condirioned upon the CITY and Property Owner entering into a mutually satisfactory joint defense agreement under which the CITY shall cooperate fillly with Propen7 Owner in the defense of any such claim, action or proceeding, Property Owner will be entitled to coordinate and dixect the prosecution and defense of such claim, action, or proceeding, and Property Owner shall retain settlement authority with respect thereto. The CITY and Property Owner agree not to up. reasonably withhold or delay their approval of such joint defense agreement. IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written. CITY OF R. ANCHO CUCAMONGA U.C.P., Inc. a California coB~orarion By: By: Mayor Name: Bruce Elieft Its: A'ITESTED TO: City Clerk APPROVED A~ TO. FORM: Ordinance No. 631 Page 26 of 68 City A~omey Auomeys for U.C.P., Inc. Ordinance No. 631 Page 27 of 68 LEGAL DESCRIPTION OF PROJECT SITE U.C.P. owned property is described as follows: BEING A SUBDIVISION OF A PORTION OF SECTIONS 20 AND 29, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BEP. NAR.DION BASE AND MERIDIAN, IN SAN BERNARDINO COUNTY, IN THE STATE OF CALIFORNIA. Excepting therefrom the Intex owned prope~es further described as follows: THE SOUTH V: OF THE SOUTHEAST '/. OF THE SOUTHWEST 'A OF THE NORTHWEST '/. OF SECTION 29 AND THE NORTH ~ OF THE NORTHEAST ¼ OF THE NORTHWEST V. OF THE SOUTHWEST '/. OF SECTION 29 AND THE SOUTH ~ OF THE SOUTHWEST V. OF THE SOUTHEAST '/. OF THE NORTHWEST 'A OF SECTION 29 EXCEPTING THE WESTERLY 330 FEET. ALL FN TOWNSHIp I NORTH, RANGE 6 WEST, SAN BEP. NARDINO BASE AND MER/DIAN, IN SAN BERNARIDNO COUNTY, IN THE STATE OF CALIFORNIA. EXHIBIT "A" /L/7 __Ordinance No. 631 ~.,~el~e LEGEND S[NGLE FAI4ILY (7,200 SF = MINIMUM LOT S[ZE) PUBLIC (PARK & ELEM. SCHOOL) co MERc RANCH0 ETIWANDA ADOPTED UNIVERSITY ": PLANNED DEVSLOPMENT ALLARD ENGINEERfNG' '"" "' '~' EXHIBIT B .. j,_:;;!z,:;<j.2,~: .................... Ordinance No. 631 Page 29 of 68 RANCH0 ETIWANDA" TRACT BANYAN COMMERCIAL SITE Ordinance No, 631 Page 30 of 68 ~..._~.i~ RANCHO ETIWANDA 'IllACT 14494 BANYAN COMMERCIAL SITE · ,:~ RESIDENTIAL OPTION ,'-~.~,L,""' -'" ~ LOTS ""'~" """""-"""' · EXHBrr D VlJN'["~""~ ~ :)rdinance No. 631 /~65'~>~,, 9 ~,~ 88' 63' Page31of68 . .... 100' ' ' 83 ~ ~ lo6' - ~OT , , ~ 9 ~ ~2' ~' 108" I F 16 100' Z ~' ~ ~ ~ ~3 RANCHO ETIWAND, ( ~s AREAG LCT'i'ING OFfION ~,,~,, ~. ,, _~/'._E s,x.,srr s /5/ Ordinance No. 631 Page 32 of 68 R,~ E~ST ~MP~ BO~ 30 TO ~AGE D~ N,T.S. _VINTAGE DRIVE TO W1LSON AVENUF · -' ;2'- ] VARIES--__ e' 4' 9' LANDSCAPE EASEMENT W1LSON AVENUE TO NORTH PROPERTY UNF N.T.$. RANCHO ETIWANDI ~. ,_ DAY CREEK BOULEVARD ~ ~,,-~rG STREET CROSS SECTION/ '"'> "'~' ""~ '-'~'--' EXHIBff F Ordinance No. 631 Page 33 of 68 AVENUE TO NOFrrH PR~ UNr- 4 TREE WASHIGTONIA ROBUSTA SHRUBS & GROUND COVI :-,:1 .e.. I.' WALK 10' WALK S& GROUND COVER CANOPY TREE RIVER ROCK PYRUS CALLERYANA _VINTAGE DRfVE TO WILSON A_VENUi' RANCHO ETIWANDA Ordinance No. 631 Page 34 of 68 ~o' 10' WALK b MEDIAN DAYCREEK .BLVD. BUS STOP SECTION EAST SIDE 15 · GALLON - 't4 VINES @ 25' O.C. , 10' WALK 36' HIGH ~ RETAINING WALL , ~' ~s G~L~o~. SHRUBS ~ 42" O.C. LOT ~3.._5 .LOTS 16, 17 DAYCREEK BLVD. LOTS 16, 17, & 35 EAST SIDE RANCHO ~.TIWANDzL STREETSCApE EXHiBi7/7/ EXHIBIT F-2 Ordinance No. 631 Page 35 of 68 ~a ENTRY MONUMENT (Z~. QNDARY ENTRY MONUMENT ._~ , RANCHO ET1UffANDA --- - I ' INTERSECTIONS /~'5' Ordinance No. 631 Page 36 of 68 i_. _,q~ REFER TO ENTRY MONUMENT · CONSTRUCTION DOCUMENTS ON ~,.,~,-,,~,..,.,.,...~ ~"""~,,~'~'"~'~ff~.,,7, FILE WITH CI~ FOR EXACT ~~.~ ~'~'~ DESIGN AND DIMENSIONS. P~NS DATED 10/1/99 RANCHO ETIWANDA INTERSECTIONS z54 1/4 SEC. LINE ~ t AND FLeD COBOL PROPER~ - EXISTING 16" ~ ~ ORCO PROPOSED ~? CCWD WATERLIN ~ ~ ~ MWD PIPELINE ~ W/CHAIN ' · GATE A E C~C BANYAN AVENU'G '~ PROPOSED EQUESTRIAN : PROPOSED T~IL ~ " -- FUTURE ROW STRE~ ~ ,J ', ~ ; ~~ LICHT PROPOSED CATCH BASIN ~ ~ ~- O ~ WITH LOCAL DEPRESSION S.B. CO. FLOOD CON~OL PROPER~ ~ ~ ~- o : , ~ 0 - RANCHO ETIWANDA ~A~A~ AVE~UH ' ~ ENGINEERING c.~,~,. ~ ~,,,., FULL WID~ IM~O~ME~S ........ 1/' Ordinance No. 631 Page 38 of 68 Banyan Offsite Fu|l Width Construction UCP Incorporated Rancho Etiwanda 685 LOTS DATE ESTIMATED: 250 ACRES DATE PRINTED: 2/22/00 ESTIMATED BY: 4/8100 ITEM Allard Engineering NUMBER ITEM ~ UNIT UNIT PRICE AMOUNT CONSTRUCTION AC PAVING CURB AND GUTTER 56,200 S.F. $2.00 $112,40 SIDEWALK 2,610 LF $10.00 $26,10 EQUESTRIAN TRAIL 5.440 SF. $3.00 $16,32 10'x 8' x 130' BOX CULVERT 15,520 S.F. $3.00 $46,56, 6' x 4' x 130' BOX CULVERT I EA. $200.000.00 $200,00, 72" RCP 1 EA. $200.000.00 $200,00, HEADWALL 130 LF $282.00 $36,66~ RIPRAP 2 EA. $20,000.00 $40,0Ot CATCH BASIN 14,000 TON $15.00 $210,0OI CONCRETE DRIVEWAy 2 EA. $5,000.00 $10,0OI AC DRIVEWAy (TO PL) 450 SF $5.00 $2.25( 3,720 SF 6' CHAIN LINK FENCE $5.00 $18,60( 6' x 12' CHAIN LINK GATE 2,190 LF $15.00 $32,85( SAN BERNARDINO COUNTY ROW 6 EA. $1,000.00 $6,00( STREET LIGHTS 105,600 SF $1.00 $105,60( 7 EA. $1,500.00 $10,50( LANDSCAPING 7,150 SF $4.00 $28,60( Sub Total Full Width Construction $1,102,44( ENGINEERING SURVEY 6% $66,14(~ PLAN CHECK/INSPECTION 5% $55,12; CONTINGENCy 8% $88,19,.= 20% $220,48E TOTAL FULL WIDTH CONSTRUCTION $1,532,39; Notes: Box Culvert costs are market projections EXHIBIT H-1 Ordinance No. 631 Page 39 of 68 LEGEND ,~ SLOPES HIGHER THAN 12. ~= D(HIBIT H EXHIBIT I-.6 EXHIBIT I-2 -- EXHIBIT I-5 EXHIBIT I-4 IEI']'Fl=~ 'i'j'ir EXHIBIT I-;3 RANCH0 ETIWAND.~ ] "~ lIvE) SLOPES EXHIBIT _ ,, ,. "' "'~' '- ", .o.'~ ~o .o,, EXHIBIT I Ordinance No. 631 Page 40 of 68 b' , RIVER ROCK 36" HIGH CRIB WALLS OR RETAINING WALLS AS APPROVED BY CITY ENGINEER. S: I 4' WILSON AVENUE RANCHO ETIWANDA ~ SLOPES EXHIBIT ---. SXHBrr H Ordinance No. 631 Page 41 of 68 )2,I 4' WALK -- _DAYCREEK BLVD WEST SIDE RANCH0 ETIWANDA Lk~ SLOPES EXHIBFF "' F-XH~T F2 Ordinance No. 631 Page 42 of 68 RIVER ROCK __ _ J ~.-~,, ~ J 4' WALK VINTAGE DRIVE RANCH0 ETIWANDA LMD SLOPES EXHIBIT ""' EXHIBIT I-3 //~2 Ordinance No. 631 Page 43 of 68 RIVER ROCK 36" HIGH . "" I .----- L ""~' 10' WALK DAYCREEK BLVD. EAST SIDE RANCH0 ETIWANDA LIve SLOPES EXHIBIT //~_~ EXHIBIT I-4 Ordinance No. 631 Page 44 of 68 #RETAINING WALL 4' WALK -~/, HANLEY AVENU~ RANCH0 ETIWANDA I_MD SLOPES EXHIBIT Ordinance No. 631 Page 45 of 68 TALL NARROW- UPRIGHT TREE , FLOWERING MEDIUM SHRUB t~.: CASCADING GROUND COVER . :' ' Z 4' HIGH RETAINING WALLS (2) 10' WALK ' PRIVATE SLOPE EXHIBIT i~ANCH0 ETIWANDA PRIVATE SLOPE EXHIBIT EXHBrr FS 1~ 5 Ordinance No. 631 Page 46 of 68 I S .C .B' Corrtcl° !1 Intermediate School Site Ordinance No. 631 Page 47 of 68 J "'> · B'~ICLUDES 30 LOTS OWNED BY - ETIWANDA SCHOOL DISTRICT RANCH0 ETIWANDA ~ ~w~.~ 715 LOT LOTRNG EXHIBIT "~ :-- ""' sXH,Brr K /~ ?' Ordinance No. 631 Page 48 of 68 8' WIDE MAX. P~SEO LEGEND Z PASEO LOCATION 8' WIDE MAX. PASEO PASI 8' WIDE MAX. PASEO 8' WIDE MAX. PASEO 8' WIDE MAX, PASEO 20' WIDE STOR~ DRAIN EASEMEN AND PASE0 School Site 8' WIDE PASEO l~tex PASEO 8' WIDE MAX PASEO 20' WIDE PASE0 8' WIDE MAX_ PASEO s' w, DE .~x RANCHO ETIWAND./ PASEO s'rx~ mc~..n~^v : ~ a~rG.ov,.m~.~ Roe'r= ,o ,o. PAS~ EXHIBff Ordinance No. 631 Page 49 of 68 RANCHO ETIWANDA PASEO CROSSECTION./~ ~ ' ' EXHIBIT L-1 Ordinance No. 631 Page 50 of 68 "o LIr Ban/an Avem~ [11 L' ACTIVATED TRAFFIC SIGNAL (TO BE INSTALLED BY HANSEN AGGREGATE) _ ge Drive ~tote Highwoy ~ ~te. 30 RANCH0 ETIWANDA HAN,.gEN AGGREGATE HAUL ROAD EXHIBIT M Ordinance No. 631 Page 51 of 68 SCALE: 1 "-- 100' RANCHO ETIWANDA J~r~,~Gmsa~o BANYAN/SUMMIT AVE. INTERSECTIC ~,..,..~.,.~_. ',,~.~ """ AT DAY CREEK BLVD. / 7/ , ~" "~" "' ~ """ ' EXHIBIT M-1 Ordinance No. 631 Page 52 of 68 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etlwanda DATE ESTIMATED: 4115100 DATE PRINTED: 4/21/00 ESTIMATED BY: Allard Engineering Total Transportation Costs $3,028,800.00 Total Area Acres 508 Fee Per Acre $5,962.20 PER ACRE BASIS Parcel APN Acres Lots % of Project Fee Per Acre Fair Share Amount Comments UCP 232 685 46% $5,962.20 ' St ,383,231.50 No school or park Crest 240 660 47% $5,962.20 $1,430,929.13 660 lois exclude Park School Lois 12 30 2 % $5,962.20 $71,546.46 30 lois Intex Commercial 225-101-34 5 15 1% $5,962.20 $29.811.02 Inlex Lois 225-161-45 5 15 1% $5,962.20 $29.811.02 Kolo 225-161-66 5 20 1% $5,962.20 $29.811.02 Chun 225-161-65 5 20 1% $5,962.20 $29.8 t 1.02 Chang 225-161 - 13 4 16 1% $5,962.20 ~;23.848.82 Total 508 100% $3,028,800.00 '0 t,Q (,) EXHIBIT N - 1 O ' --ho-) \ Ordinance No. 631 Page 54 of 68 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4/21/00 ESTIMATED BY: Alland Engineenng FACILITY I ETIWANDAAvenue -25th streetto LADWP 1320 LF $240,00 $316,800.[ 2 DAY CREEK BLVD - RL30 to Wilson 4300 LF $240.00 $1,032,000.C 3 DAY CREEK BLVD - North of Wilson 800 LF $225.00 $180,000.C 4 WILSON AVE. - East of Day Creek 1400 LF $240.00 $336,000.0 5 WILSON AVE. - West of Day Creek 1050 LF $220.00 $231,000.0 6 BANYAN AVENUE - Day Creek to Rochester 1320 LF $155.00 $204,600.0 7 BANYAN AVENUE - Day Creek to Hanley 1380 LF $180.00 $248,400.0 8 Traffic Signals 3 EA $160,000.00 $480,000.O TOTAL ROADWAy IMPROVEMENTS $3,028,800.0 EXHIBIT N - 2 __ /7¢ Ordinance No. 631 Page 55 of 68 Transportation impact Fee Analysis - Gity of Rancho Cucamonga DAY GREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15~00 DATE PRINTED: 4121100 ESTIMATED BY: Allard Engineering ITEM UNIT UNIT ITEM QUANTI'FY MEASURI PRICE AMOUNT MAJOR ROAD ETIWANDA Avenue - 25th street to LADWP Corridor Excavation 2,2 C Y $1.60 $3,52 Fine Grade 78.0 SF $0.20 $15.60 5" AC over 12" AB 60.0 SF $1,50 $90.00 1" AC Cap 60.0 SF $0.40 $24.00 8" Curb &Gutter 2.0 LF $7.50 $15.00 8" Curb Only 2.0 LF $600 $12.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping S F $2,50 $0,00 Median Landscaping SF $3.00 $0.00 Signing & Striping 4.0 LF $0.50 $2.00 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total $171.12 Utility/Right of Way Allowance (10%) $17.11 Contingencies 30% $51.34 TOTAL $239.57 Estimated Cost Per Linear Foot "USE" $240.00 DAY CREEK BLVD - Rt.30 to Wilson & WILSON AVE. - East of Day Creek Excavation 2,2 CY $160 $3.52 Fine Grade 78.0 SF $0.20 $15.60 5" AC over 12" AB 60,0. SF $1,50 $90,00 1" AC Cap 60.0 SF $0,40 $24.00 8" Curb &Gutter 2,0 LF $7,50 $15.00 8" Curb Only 2.0 LF $6.00 $12,00 4" P,C,C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $0.00 Median Landscaping SF $3.00 $0.00 Signing & Striping 4.0 LF $0.50 $2,00 Fog &Seal Coating 60.0 SF · $0.15 $9.00 Sub Total $171.12 Utility/Right of Way Allowance (10%) $17.11 Contingencies 30% $51.34 TOTAL $239.57 Estimated Cost Per Linear Foot "USE" $240.00 EXHIBIT N - 3 Ordinance No. 631 Page 56 of 68 Transportation Impact Fee Analysis o City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4121/00 ESTIMATED BY: Allard Engineering I I I N R ITEM MEASURE PRICE AMOUNT DAY CREEK BLVD - North of Wilson Excavation 2.2 CY $1.60 $3.52 Fine Grade 78.0 SF $0.20 S 15.60 5" AC over 12' AB 60.0 SF $1.50 S90.00 1' AC Cap 60.0 SF $0.40 $24.00 8' Curb &Gutter 2.0 LF $7.50 $15.00 4" P.C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping SF $2.50 $000 Signing & Striping 4.0 LF $0.50 $2.00 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total $159.12 Utility/Right of Way Allowance (10%) $15.91 Contingencies 30% $47.74 TOTAL $222.77 Estimated Cost Per Linear Foot "USE" $225.00 WILSON AVENUE - West of Day Creek Excavation 1.3 CY $1,60 $2,08 Fine Grade 60.0 SF $0.20 $12,00 5" AC over 12" AB 60.0 SF $1.50 $90,00 1" AC Cap 60.0 SF $040 $24.00 8" Curb & Gutler 20 LF $7.50 $15,00 4" P.C,C. Sidewalk SF $1.50 $0,00 Parkway Landscaping SF $2,50 $0,00 Signing & Striping 3.0 LF $0.50 $1.50 Fog &Seal Coating 60.0 SF $0.15 $9.00 Sub Total Collector $153.58 Utility/Right of Way Allowance (10%) $15,36 Contingencies 30% $46.07 TOTAL $215.01 Estimated Cost Per Linear Foot "USE" $220.00 EXHIBIT N - 4 Ordinance No. 631 Page 57 of 68 Transportation Impact Fee Analysis - City of Rancho Cucamonga DAY CREEK AREA - Etiwanda North Rancho Etiwanda DATE ESTIMATED: 4/15/00 DATE PRINTED: 4/21/00 ESTIMATED BY: AIlard Engineenng """' I J N R ITEM QUANTITY M RE PRICE AMOUNT BANYAN AVENUE - Day Creek to Rochester Excavation 1.3 CY $1.60 $2,08 Fine Grade 44.0 SF $0.20 $8.80 5" AC over 12" AB 40,0 SF $1.50 $60.00 1" AC Cap 40.0 SF $0.40 $16.00 8" Curb &Gutter 2.0 LF $7.50 $15,00 4" P.C.C. Sidewalk SF $1.50 $0,00 Parkway Landscaping SF $2.50 $000 Signing &Striping 3.0 LF $0.50 $150 Fog &Seal Coating 40.0 SF $0.15 $6.00 Sub Total Collector Utility/Right of Way Allowance (10%) $109.38 $10.94 Contingencies 30% $32.81 TOTAL $153.13 Estimated Cost Per Linear Foot "USE" $155.00 BANYAN AVENUE - Day Creek to Hanley Excavation 1.3 CY $1.60 $2.08 Fine Grade 50.0 SF $0,20 $10.00 5" AC over 12" AB 48.0 SF $1.50 $72.00 1" AC Cap 48.0 SF $0.40 $19.20 8" Curb &Gutter 2.0 LF $7.50 $15.00 4" P,C.C. Sidewalk SF $1.50 $0.00 Parkway Landscaping S F $2.50 $0,00 Signing & Striping 30 LF $0.50 $1.50 Fog &Seal Coating 48.0 SF $0,15 $7.20 Sub Total Col lector $126,98 Utility/Right of Way Allowance (10%) Contingencies 30% $12.70 $38.09 TOTAL $177.77 Estimated Cost Per Linear Foot "USE" $180.00 EXHIBIT N - 5 /77 Ordinance No. 631 Page 58 of 68 BECTION A DAY ~ BOULLrVN~D _ ROUT[ 30 TO ~LSON W~L$ON AV[~IUI[ -- EAST OF DAY CRIEEX BOULEVARD SECTION B SECTION C I SECTION D ~'~ SECTION E ~"~ RANCH0 ETIWANDA ~: TRANSPORTATION "-'-"~ '"~ ~MPAcT roe AN~_YS,S / 7~ , ""J~"' ~"'~" "-~'' EXHIBIT N-6 Ordinance No. 631 Page 59 of 68 Tract 14497 ............... ....... "' Not s Pad ............... Park Site/ School Site Summit Avenue - ....- - - '1 i~ANCH0 Y,,TfWAI~DA J~ s~/~z~vs HANI FY AVENUE , ~"~ '.-~, ,= ,,~ ..-.~. ~ EXHIBIT 0 Ordinance No. 631 Page 60 of 68 ; .. Tract 14497 .... Not a Pad Perk Site ......... -- School Site -:: _ _,' Summit: -A~enue ..... RANCH0 ETIWANDA " SIDEWALK EXHIBIT ""' ~" """" ; EXHIBIT P Ordinance No. 631 Page 61 of 68 Tract 13527 ' ' ' //// Conditioned to build E2~ L~"~Wilson Avenue Half Width !mprovement8 ~ ~ Tract 12659 ~ "' Centex Home8 ' ~,152.~ in [l ff Cucamo~a Account Tract 14120 Conditioned to build Full Width (66' ROW) Improvements Park Tract 13812 Panda Development $200,000.00 in City of Rancho ~/~ Cucamonga Account _..~,,-"....... . .............. , '~J' 7..-.. T "' elopmentP ~-- ~-. $25,000.00 in -- City of Rancho ..... Cucamonga Account E ANCH0 ZNGm'SZPJ2VG STREET IMPROVEMENT DEPOSIT Ordinance No. 631 Page 62 of 68 Storm Drain Cost Sharing Proposal - City of Rancho Cucamonga DAY CREEK STORM DRAIN Rancho Etiwanda DATE ESTIMATED: 4115/00 DATE PRINTED: 4/21/00 ESTIMATED BY: Alloral Engineering This proposal allows for the UCP project to participate in the cost of the Baseline Avenue and Victoria Storm Drain Systems. Costs and acreage assumptions are preliminary from the ~eveloDers and are subject to further review and approval. Facility Baseline Ave System $230,349.96 Victoria System $335,260.00 UCP $196,805.00 Total $762,414.96 Total Acres 199.60 Cost Per Acre $3.819.71 Propert~ Acres CostJAcre Fair Share K & B - Baseline 21.1 $3,819.71 $80,595 97 RDA Parcel 19.8 $3,819.71 $75.630,34 Horrero 28.3 $3,819 71 $108,097.91 K&BVictoria 19,1 $3.819,71 $72,95654 Lyon 26,3 $3,819,71 $100,45848 UCP 60.0 $3,819,71 $229.182.85 Intex,Kolo etc. ~5.0 $3.819,71 $95.492 86 TOTAL 199.6 $666,922.10 Note: Actual Master Planned Limits and Construction Costs to be verihed after construchon. EXHIBIT R Ordinance No. 631 Page 63 of 68 Rancho E~wanda Park Site RANCHO ETIWANDA .~.,< siTE /~ EXHIBIT S Ordinance No. 631 Page 64 of 68 Note: Product Specifications are per City of Rancha Cucamonga Standard~ RA C O EXHIB~ 8-1 Ordinance No. 631 Page 65 of 68 Note: Product Specifications are per City of Rancho Cucamonga Standards EXHIB~ S-2 Ordinance No. 631 Page 66 of 68 Rancho Etiwanda DATE ESTIMATED: 4115100 DATE PRINTED: 4/21/00 ,T M MEASURE Park Softscape Per 10-19-99 Plans 24" Box Tipu Trees B EA. 24" Box Elms 31 EA. 24' Box Evergreen Pear 19 EA. 24' Box Plum 11 EA. 15 Gallon Plane Tree 54 EA. 15 Gallon Pine Monciel 43 EA. 48' Box Pine Canary 25 EA 36" Box Crepe Myrtle 11 EA 24' Box Flame Tree 13 EA 24' Box Camphor 43 EA. Shrub/Ground Cover Lonicera 24,572 SF Myoporum 5,684 SF Star Jasmine 1,662 SF Turf - per City of Rancho Cucamonga seed mix 314,298 SF Cobble 30,657 SF Park Hardscape Per 10-19-99 Plans Tot Lot area with 1.500 sf ADA rubber surface 1 EA. Lighted Basketball Courts 4 EA. Parking stalls with access to school parking 65 EA Reslroom Building (per plan) 1 EA. Entry Monumentation with Signage 1 EA. Picnic Tables (1 HDCP) 14 EA. Two-Bin Trash Enclosure 1 EA Ddnking Fountain 2 EA. BBQ Gdll 12 EA. Trash Receptacles 2 EA. Bench 8 EA. 1.200 sf Wood Arbor Structure 2 EA. EXHIBIT S - 3 Ordinance No. 631 Page 67 of 68 RANCHO ETIWANDA OPEN SPACE LEGAL DESCRIPTION NORTHERLY PORTION: THAT PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22. TOWNSH21~ I NORTH, RANGE 6 WEST. SAN BERNARDNO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED NOVEMBER 13. 1885. LYING NORTHERLY AND NORTHWESTERLY OF THE NORTHERLY AND NORTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND BEING 85 FEET WDE AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. A PUBLIC CORPORATION. BY DEED RECORDED DECEMBER 31. 1969. IN BOOK 7363, PAGE 582, OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP I NORTH, RANGE 6 WEST. SAN BERNARDINO MERIDIAN. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED NOVEMBER 13, 1885, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4, SAID POINT BEING N 00°05 '0Y' E, 344.33 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE N 89°54'57"W. A DISTANCE OF 1322 81 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF SAID SECTION 22, TOWNSHIP 1 NORTH. RANGE 6 WEST. SOUTHERLY PORTION: THAT PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL. DATED NOVEMBER 13. 1885. LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHERLY AND SOUTHEASTERLY LINE OF THAT CERTAIN STRIJ' OF LAND BEING 85 FEET WIDE AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALI]:ORNIA. A PUBLIC CORPORATION. BY DEED RECORDED DECEMBER 1,196% IN BOOK 7363, PAGE 582, OFFICIAL RECORDS. EXCEPTING THEREFROM THE SOUTHERLY 50 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO RECORDED SEPTEMBER 26, 1949. IN BOOK 2464, PAGE 510, OFFICIAL RECORDS. EXHIBIT C Ordinance No. 631 Page 68 of 68 Q~: o -~ -~: 0 0 x Avenue TRAFFIC S~GNAL {TO ~ I ~ BE INSTALLED BY HANSEN AGGREGATE) ge Drive ~tote Highwoy ~te. ~0 ROW-- RANCHO ETIWANDA ,.,. SE"['['L.EMENT AGREEMENT ~---,-.,~,~....~.~.,,~ ..... EXHIBIT D ORDINANCE NO. 632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 00-02, TO INCLUDE "MEDIUM MANUFACTURING" AND "MEDIUM WHOLESALE, STORAGE AND DISTRIBUTION" AS PERMITTED USES ON PROPERTY OF 35-ACRES OR LARGER SUBJECT TO A MASTER PLAN, WITHIN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. Charles Joseph and Associates has filed an application for Industrial Area Specific Plan Amendment No. 00-02, as described in the title of this Ordinance. Hereinafter, in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On the 26th day of July, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and following the conclusion of said public hearing, adopted Resolution No. 00-78; thereby, recommending to this City Council that said application be approved. 3. On the 16th day of August, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said hearing, adopted Resolution No. 00-78. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to this Council during the above- referenced public hearing on August 16, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to the property within the city; and b. The proposed amendment will not have a significant impact on the environment; and c. Theproposedamendmentwillallowrefinementofthelistofalloweduses in Subarea 6. Ordinance No. 632 Page 2 of 3 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the Industrial Area Specific Plan or the General Plan and will provide for development, within Subarea 6, in a manner consistent with the Industrial Area Specific Plan and the General Plan and with related development; and b. This amendment promotes the goals and objectives of the lndustrial Area Specific Plan; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to propedies or improvements in the vicinity: and d. The subject application is consistent with the objectives of the Industrial Area Specific Plan, and the purposes of Subarea 6; and e. The proposed amendment is in conformance with the General Plan. 4. The City Council hereby finds and determines that the amendment identified in this Ordinance is not defined as a project and is therefore exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Sections 153061b.1 and 15378 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves Industrial Area Specific Plan Amendment No. 00-02, to Modify Chapter 17.30 of the Development Code to include "Medium Manufacturing" and "Medium Wholesale, Storage and Distribution" as permitted uses on property of 35 acres or larger subject to the approval of a Master Plan within the Industrial Park District (Subarea 6) of the Industrial Area Specific Plan, as well as any related text, tables, figures, and maps to maintain consistency. 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this 6th day of September. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ORDINANCE NO. 633 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 00-01, TO MODIFY THE PROPOSED WILSON AVENUE STREET SECTION BY REDUCING THE SOUTH PARKWAY WIDTH FROM 65 FEET TO 38 FEET FROM WARDMAN BULLOCK ROAD TO APPROXIMATELY 1400 FEET WEST OF WARDMAN BULLOCK ROAD AND MAKING FINDINGS IN SUPPORT THEREOF A. ,RECITALS. 1. The developer of Tentative Tract 14759, Rancho Summit I, LLC, has filed an application for the amendment described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Etiwanda Specific Plan amendment is referred to as "the application". 2. On the 23,d day of February 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. 3. On the 16th day of August, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. ORDINANCE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY DETERMINE AND ORDAIN AS FOLLOWS: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced public hearing on February 23, 2000, and to this Council during the above-referenced public hearing on August 16, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to the future Wilson Avenue extending westerly from Wardman Bullock road to the location where the Metropolitan Water District's Rialto Pipeline crosses from the north side of the street to the south side of the street. b. The land is presently undeveloped land occupied by only the MWD pipeline. c. The expanded parkway was intended to provide an aesthetically pleasing cover for the MWD pipeline. Ordinance No. 633 Page 2 of 4 3. Based upon the substantial evidence presented to the Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed modification is a minor alteration to a planned road and is categorically exempt per section 15305, class 5 MinorAlteration in Land Use Limitations of the California Environmental Quality Act. b. Wilson Avenue was planned with a 65-foot parkway to provide a completed landscaped area over the MWD Rialto Pipeline. c. The MWD pipeline does not transition to the south side of Wilson Avenue until 1400 feet west of Wardman Bullock Road. d. The proposed Amendment continues to provide an expanded parkway to accommodate the scheduled amenities of a trail and bicycle path. e. The proposed amendment is in conformance with the General Plan. 4. The City Council hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended and the Guidelines promulgated thereunder and further specifically finds that based upon substantial evidence, it can be seen with certainty there is no possibility the proposed amendment will have an effect on the environment and therefore, the proposed amendment is categorically exempt pursuant to State CEQA Guidelines, Section 15305. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, the City Council hereby approves Etiwanda Specific Plan Amendment 00- 01 to amend the Wilson Avenue (24th Street) Parkway Section, Figure 5-32 and Wilson Avenue (24th Street) Parkway Plan, Figure 5-33, as shown on exhibits D and E attached hereto. 6. The City Clerk shall certify to the adoption of this Ordinance. 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage 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. Please See Next Page for Formal Adoption and Signatures Ordinance No. 633 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 6th day of September. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: 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 Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of August 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of September 2000. Executed this 7th day of September 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Ordinance No. 633 Page 4 of 4 NOTICE OF EXEMPTION TO: Clerk of the Board FROM: City of Rancho ('ucamonga San Bernardtrio County P O Box 807 Auditor/Controller-Recorder Ranchl~C'ucanmnua CA 9172{t 385 North Arrowhead, 2"d Floor San Bernardino, CA 92415 A 1 I N: Engineering Dwislon Project Title Etm'anda specific plan amendment 00-01 Project Location - Specific City qf Rancho Cucamonga ,%~m Bl'rnttrti, lt~ Project Location- City l~rOJcct L(~calaon - Counl~ Amend the Etiwanda Specific Plan to modify the design 0[ I|'tl~on .-I vl.nut, [rl,n 11 'ttrllni,H thdl,t ~ Road to approximately 1400feet west of~Yardman Bullock R,ad Description of Nature, Purpose. and Beneficiaries of ProJect City of Rancho Cucamonga Name of Public Agency Approving Project Lennar Homes Name of Person or Agency Can'ying Out Project Exempt Status (Check One) Ministerial (See. 15073) Declared Emergency (See. 15071 (a)) Emergency Project (See. 15071 (b) and (c)) X Categorical Exemption. Slate type and seelion nunlbcr Roastins why pnUccl is exempt Contact Person Area Code ]clcllhlmc i'.xlcnsmn If filed by applicant: ]. Attach certified document o[ exemption findroe 2 1 tas a notice of exemption been filed b.', the pu~,hc agone> apprt,~ In,.z die pro ctJ" Yes No ' I)ate Reccp,'ed for FiLing Signalure ORDINANCE NO. 634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 12.04.010B OF SECTION 12.04.010 OF CHAPTER 12.04 OF TITILE 12 OF THE RANCHO CUCAMONGA CITY MUNICIPAL CODE REGARDING POSSESSION OF ALCOHOLIC BEVERAGES Be it ordained by the Rancho Cucamonga City Council as follows: SECTION 1: Subsection 12.04.010B.1 is hereby repealed and replaced with the following: B.1. Possess or consume alcoholic beverages excepting only: (a) Beer or wine sold within the interior of the stadium building located in the Sports Complex on the west side of Rochester Avenue, south of Foothill Boulevard. (b) Beer or wine sold within the parking lot/special event area(s) of the Sports Complex when the City Council has authorized community events at which alcoholic beverages will be offered, conducted and sponsored by Rancho Cucamonga community based, non-profit entities (as defined by State and Federal statutes) and co-sponsored by the City, where the community event is for the purpose of promoting the heritage, culture and/or commercial attributes of the City of Rancho Cucamonga. The City Council may impose restrictions and conditions of use of the facility including, but not limited to, specific location, hours of operation, type of alcoholic beverages permitted, security, traffic control, sanitation, and insurance requirements. (C) For purposes of this Chapter, the term "alcoholic beverages" shall have the meaning set forth in Section 23044 of the California Business and Professions Code as Section 23044 presently exists or as the same may be amended from time to time. Ordinance No. 634 Page 2 of 3 SECTION Z: If any section, subsection, sentence, clause, phrase or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining podion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage 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. PASSED, APPROVED, AND ADOPTED this 6th day of September. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATI'EST: Debra J. Adams, CMC, City Clerk ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 00-02, TO UPDATE STREET TREE REFERENCES AND RELATED FIGURES AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. The City of Rancho Cucamonga has filed and application for the amendment described in the title of this Ordinance. Hereinafter throughout the Ordinance, the subject Etiwanda Specific Plan amendment is referred to as "the application." 2. On the 14th day of June 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. 3. On the 16th day of August, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY DETERMINE AND ORDAIN AS FOLLOWS: 1. The Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced public hearing on June 14, 2000, and to this Council during the above-referenced public hearing on August 16, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to the whole of the area encompassed by the Etiwanda Specific Plan. b. Some of the designations and spacings for street trees are not consistent with current best horticultural practices. 3. Based upon the substantial evidence presented to the Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows /¢7 CITY COUNCIL ORDINANCE NO. ETIWANDA SPECIFIC PLAN AMENDMENT 00-02 August 16, 2000 Page 2 a. The proposed amendment is a minor alteration to a planned road. b. The proposed amendment is in conformance with the General Plan. 4. The City Council hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended and the Guidelines promulgated thereunder and further specifically finds that based upon substantial evidence, it can be seen with certainty there is no possibility the proposed amendment will have an effect on the environment and therefore, the proposed amendment is categorically exempt pursuant to State CEQA Guidelines. Section 15305. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, the City Council hereby approves Etiwanda Specific Plan Amendment 00-02 to update street tree references and spacings to current street tree designations and amend all pertinent exhibits and figures within the Etiwanda Specific Plan. 6. The City Clerk shall certify to the adoption of this Ordinance. 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage 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. NOTICE OF EXEMPTION TO: X Clerk of the Board FROM: City ofRancho Cucamonga San Bernardino County P.O. Box 807 Auditor/Controller-Recorder Rancho Cucamonga, CA 91729 385 North ~rrowhead, 2~d Floor San Bernardino, CA 92415 ATTN: Engineering Division Etiwanda Specific Plan Amendment 00-02 Project Title The entire Etiwanda area Project Location - Specific City of Rancho Cucamonga San Bernardino Project Location - City Project Location - County Update street tree references in Specific Plan Description of Nature, Purpose, and Beneficiaries of Project City of Rancho Cucamonga Name of Public Agency Approving Project Maria Perez, Assistant Engineer, City of Rancho Cucamonga Name of Person or Agency Carrying Out Project Exempt Status (Check One) Ministerial (See. 15073) Declared Emergency (See. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) Categorical Exemption. State type and section number. 15305 Class 5 Minor Alteration X in Land Use Limitations City is changing type of trees designated for right-of-way planting,- there is effectively no net change Reasons why project is exempt Maria Perez (909) 477-2740 4024 Contact Person Area Code Telephone Extension If filed by applicant: I. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the pr ojectgyes No ' Date Received for Filing /~gh~ture ' Ci,ty Engineer T,tle / I?ANC hO CUCA MONGA COMMUNXTY TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst III DATE: September 6, 2000 SUBJECT: Consideration of a Proposal for Co-sponsorship of the Rancho Cucamon_oa Chamber of Commerce's Grape Harvest Festival Scheduled for October 6-8, 2000, at the Rancho Cucamoncja Epicenter. RECOMMENDATION: It is recommended that the City Council consider the attached request from the Rancho Cucamonga Chamber of Commerce for co-sponsorship of their Grape Harvest Festival that is scheduled for October 6-8, 2000, at the Rancho Cucamonga Epicenter and waive the base rent, the move in/out rental fee, basic maintenance expenses and any City related permits required for the event. BAC KG RO U N D/ANALYSI S: The Rancho Cucamonga Chamber of Commerce has hosted a wine and grape festival for the community for a number of years. Over the past several years the event has changed venues and time frames. This year the Chamber is scaling back the event to make the festival more manageable to staff with their volunteer core, moving the dates of the festival back to the traditional dates of early October and is seeking to move the event to bring it back to Rancho Cucamonga. The current plans for the Festival include a 2 to 3 day move in/out period and 3 event days. Activities planned for the Festival include business vendor booths, arts and crafts, food and beverage vendors and a wine/beer pavilion at the Expanded Parking Lot. A kids fun zone will be located across Rochester Street in parking lot A at the Epicenter. With these changes in mind, the Chamber and members of their volunteer core have met with staff to address Iogistical issues associated with the Chamber's move of the Festival to the Epicenter. Based upon requirements of the event, conditions of use for the site and cost estimates associated with the use of the Epicenter have been developed by staff. Traditional rental fees for such an event would include a base rent for the expanded parking lot and parking lot A, move in/out rent for the expanded parking lot and parking lot A, maintenance services and police security. These fees are detailed below: CI1t' COUNCIL CO-SPONSORSHIP OF GRAPE HARVEST FESTIVAL SEPTEMBER 6, 2000 · Base Rent (Expanded Parking Lot and Parking Lot A) $6,000.00 · Move in/out Rental (Expanded Parking Lot and Parking Lot A) $2,750.00 · Maintenance (includes additional support in the amount of $1,784 for refuse service as requested by the applicant) $2,061.00 · Police Security (includes extra overnight security service as requested by the applicant) $7,851.00 In addition to the above mentioned fees the following charges would also be required from the applicant: 10% admissions fee based upon gross revenue from the entry gate, 10% of gross revenue on food, beverage and merchandise sales and a refundable damage/security deposit. Staff has recently received a request from the Rancho Cucamonga Chamber of Commerce for co- sponsorship and waiver of all fees, except for the admissions tax, for the upcoming Festival. To be consistent with other co-sponsorship requests that the City Council has approved in the past, it is staffs recommendation that the City Council waive the base rent fee ($6,000.00), the move in/out rental fee ($2,750.00) and the basic maintenance fee ($277.00) associated with the Chambers use of the Epicenter for their 2000 Grape Harvest Festival. Staff also recommends that City Council approve the sale and consumption of beer and wine for the Festival within restricted locations at the Expanded Parking Lot, as outlined in Ordinance Number 634, that was before Council this evening for second reading. Staff does not recommend waiver of the fees for police security, the enhanced maintenance services, the percentage on the food, beverage and merchandise nor the damage/security deposit as doing so would not be consistent with other City Council co-sponsored activities that have taken place at the Epicenter. Since the Admissions Tax is legislated by City Ordinance, it is not possible to waive this fee. FISCAL IMPACT: Approval of co-sponsorship and waiver of fees as recommended by staff would result in a $9,027.00 waiver of fees that would be offset, in part, by ticket, concessions and merchandise revenues received from the event. Respec Ily s~~7 Key Community Services Director Attachment h|COMMSE RV~Coundl&BoardsICityCouncil~StaffReportstGrapeHafvestFestivalCoSponsorship9. 6. O0.cl~c -2- RANCHO CUCAMONGA CHAMBER OF COMMERCE August 16, 2000 Ms. Paula Pachon, Management Analyst III Community Services Department City ofRancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Dear Paula: Re: Rancho Cucamonga Grape Harvest Festival Formal Request for Co-Sponsorship and Waiver of Fees This letter is a request that Community Services staff take this request for Co-Sponsorship and Waiver of Fees letter to the City Council for consideration and approval. As you may know, this event has become a significant tradition with historical roots that run deep within our community. The event dates back over 200 years to the planting of the first Mission grapes at the Mission San Gabriel Archangel. As Rancho Cucamonga grew throughout the late 19th and 20th centuries, each of the individual wineries and the various Catholic churches in the area held their own versions of a grape harvest festival, celebrating the end of the harvest season and comparing the fruits of their labor. In 1939, citizens of the then Alta Loma, Etiwanda and Cucamonga communities decided to officially recognize the 100'h anniversary of the planting of the "Mother Vineyard" with the first "Wine and Grape Festival". The rest is history. The Chamber of Commerce assumed the role of the producer of the event in 1981 and over the years created one of the largest regional events of its kind operated solely by volunteers. In 1987, the California State Legislature designated the Festival as officially being "Califoruia's Oldest Grape Harvest Festival". As you know, we are returning to the harvest season to celebrate the event. The dates are back to the traditional ones of October 6,7 & 8. After many meetings, it was decided to scale the event back to accomplish several things: to be able to manage the event with volunteers, bring it back to Rancho Cucamonga and try not to be a regional event due to all the new venues and events operating. A volunteer committee made up of the best available within the chamber and community has been assembled. As a result of all the planning, we have met with you and the City staff regarding the use of the Epicenter Expanded Parking Lot. The Epicenter was one of nine locations considered within the City and was the location identified as the best for our purpose. In an attempt to reduce the hard costs of the event, we are asking that the City of Rancho Cucamonga consider waiving certain fees and costs associated with the event. In order for us to keep within the projected budget, we respectively request that the Council consider and approve waiving the Base Rent, Maintenance, Police Security and Security Deposit, and any permit or fees required from either the City, Fire and any other departments associated with this event. The Chamber also requests that the Food/Beverage/Merchandise percentage tax be waived, as we do not have access to our vendors' records and our own ticket sales will not necessarily match our ticket counts. We believe we can handle the Admissions tax, as it will be only done at 1-2 locations. 7945 VINEYARD AVENUE, SUITE D-5 · RANCHO CUCAMONGA, CA 91730-2314 * 909/987-1012 * FAX 987-5917 We have had three meetings with the City Events Team and will continue to do so as challenges and concerns arise. The Special Events Team has been very helpful in identifying City requirements for operating an event. We are handling the insurance requirements, and complying with the conditions of use listed by you in a letter dated August 8, 2000. The Chamber is looking forward to the City's sponsorship support of this event. If there are any questions conceming the Grape Harvest Festival, please feel free to contact me at 987-1012. Sincerely, No~ MacKe~ Executive Director CC: Ron Stark, Chamber President Board of Directors Joani Finwall and Dianna Lee-Mitchell, Event Co-Chairs