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HomeMy WebLinkAbout2009/01/21 - Agenda Packet~~ .~ 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1gt and 3`d Wednesdays 4 7:00 P.M. JANUARY 21, 2009 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. ~ ~~~ INFORMATION FOR THE PUBLIC .~ - ~M ~ANCHO l1 ~,;[JCAMONGA TO ADDRESS THE REDEVELOPMENT AGENCY. FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Flre District Board. Copies of the agendas and minutes can be found at http:Ilwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA .TANUARY 21, 2009 RoII Call: A. 5:00 P.M. -CLOSED SESSION Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY. ~~ B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) ~~ ON CLOSED 1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CHURCH AND ARBOR LANE; AGS HOMEBUILDER 1, LLC, AND LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT- RDA 1 CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY MEETING AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA .TANUARY 21, 2009 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. 1. Pledge of Allegiance 2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams Introduction of the Victoria Gardens KIDZ Club This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 2 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JANUARY 21, 2UU9 .T. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. 1. Approval of Minutes: January 7, 2009 (Special Meeting-Fire Dispatch) January 7, 2009 (Regular Meeting) 2. Approval of Check Register dated December 30, 2008 through January 13, 2009, for the ~ total amount of $3,141,009.62. 3. Approve to receive and file current Investment Schedule as of November 30, 2008. 2 4. Authorization to appropriate $1,400,500.00 from RDA 500 Fund Balance for the design ~ $ ($100,500 -Acct. No. 2500801-5300), Construction ($735,000 -Acct. No. 2500801- 5650/1715500-6314) and acquisition of standby emergency generators, automatic transfer switch and one 3000A main switchgear ($565,000 -Acct. No. 2500801-5603) and switch over from Southern California Edison Power to Rancho Cucamonga Municipal Utility Electrical Service and authorize staff to enter into a professional services agreement with TMAD Taylor and Gaines (RA 09-001) in the amount of $98,000.00 for the design of said project and authorize staff to solicit formal quotes for the acquisition of two 500 ICW emergency generators, one automatic transfer switch, and one 3000A main switchgear, and to award the purchase of said generators and switches to the lowest responsive responsible bidder and to authorize staff through a competitive bid process to award the contract for all necessary equipment. 20 5. Approval to authorize an increase to Contract No. CO 04-188 in the amount of $3,538,937.00 to AECOM (formerly known as DMJM+Harris, Inc.), to authorize the expenditure of a 10% contingency in the amount of $353,893.70 and approve Contract Change Order No. 5 for the preparation of plans, specifications and estimates for modifying the existing Base Line Road/ I-15 Freeway Interchange, to be funded from 2004 Tax Allocation Bonds Funds, Account No. 2660801-5650/13616606311; and appropriate an amount of $845,000.00 to Account No. 2660801-5650/13616606311 from 2004 Tax Allocation Bonds Fund Balance. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. 1. Approval of Minutes: January 7, 2009 (Special Meeting-Fire Dispatch) January 7, 2009 (Regular Meeting) 2. Approval of Check Register dated December 30, 2008 through January 13, 2009, for the 23 total amount of $178,550.27. 3. Approve to receive and file current Investment Schedule as of November 30, 2008. 25 A R GENCY, EDEVELOPMENT FIRE PROTECTION DISTRICT AND 4 CITY COUNCIL AGENDA JANUARY 21, 2009 RANCHO CucnMOrrc~ 4. Approval for the purchase of three (3) 2009 Saturn VUE Hybrid Vehicles from Saturn of 29 Riverside in the amount of $75,710.00 to be funded from Account Number 3289501-5604. (Capital Outlay Vehicles) L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. 1. Approval of Minutes: January 7, 2009 (Special Meeting-Fire Dispatch) January 7, 2009 (Regular Meeting) 2. Approval of Check Register dated December 30, 2008 through January 13, 2009, and 31 payroll ending January 13, 2009, for the total amount of $4,517,697.23. 3. Approve to receive and file current Investment Schedule as of November 30, 2008. 58 4. CONSIDERATION OF PUBLIC CONVENIENCE OR NECESSITY DETERMINATION gg DRC2008-01038 - Sharif Ahmad - A request for a Public Convenience or Necessity determination for a Type 20 Off-Sale Beer and Wine license for a convenience store in the General Industrial District (Subareal), located on the southwest corner of Vineyard Avenue and Arrow Route -APN 0207-262-48. RESOLUTION NO. 09-009 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA1), LOCATED ON THE SOUTHWEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE -APN 0207-262-48. 5. Approval of Community Services Update Report. 78 6. Approval of Environmental Assessment for DRC2006-00866, located on the north side of 6~' gg Street, west of Etiwanda Avenue. RESOLUTION NO. 09-010 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT FOR DRC2006-00866 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 5 JANUARY 21, 2009 RnivcHo I~clcnMONCi, 7. Authorization to amend the FY 2008-09 budget and appropriate funds in the amount of 91 $2,172,000.00 for additional capital projects and maintenance programs located in Landscape Maintenance Districts 2 (Victoria--$250,000}; 3B (Medians--$900,000); 4 (Terra Vista--$750,000); 9 (Lower Etiwanda--$82,000), and 10 (Rancho Etiwanda--$190,000}, to be funded from each Landscape Maintenance District Fund Balance. 8. Approval to accept the bids received, award and authorize the execution of a contract in the 94 amount of $63,000.00 to the apparent low bidder, Stars Electric of San Diego, California (CO 09-004), and authorize the expenditure of a 10% contingency in the amount of $6,300.00 and $8,000 for the design of the West Beryl Park Sport Light Wire Replacement Project, to be funded from Acct. No. 1025001-5602 (Capital Reserve) and appropriate $77,300.00 from the Capital Reserve Fund Balance. 9. Approval to award and execution of Professional Services Agreement in the amount of 96 $180,061.00 to AEI-CASC Engineering, lnc. (CO 09-005) and authorize the expenditure of a 10% contingency in the amount of $18,000.00 for design services for Wilson Avenue Extension -East Avenue to Wardman-Bullock Road Project, to be funded from Fund 124 - Transportation, Acct. No.1 1 24303-5650/1 51 51 24-0. 10. Approval to award and execution of Professional Services Agreement to Architerra Design 115 Group, lnc. (CO 09-006), for landscape design services for the construction of landscaping and trail improvements on Wilson Avenue between Carnelian Avenue and 1,400 feet east of Carnelian Avenue, to be funded from Acct. No. 1110316-5650/1364110-0 (Fund 110 - Beautification)for the amount of $26,070.00 ($23,700.00 plus contingency of $2,370.00). 11. Approval to award and authorize execution of Professional Services Agreement to Astrum 136 Utility Services, LLC (CO 09-007), which will provide professional services with respect to the provisions of electric service, including resource planning, electric tariff monitoring, and operation and administrative services for the amount of $75,000.00 to be funded from Account No. 1705303-5309. 12. Approval of a contract for a License Agreement and a Professional Services Agreement with 138 Civica Software (CO 09-008/ 09-009) in the amount of $133,830.00, and authorization for the expenditure of a 10% contingency in the amount of $13,380.00. 13. Approval of a Joint Use Agreement between the City of Rancho Cucamonga and Southem 140 California Edison Company (CO 09-010) for Parcel Map 17594, located at the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by Southern California Edison Company. RESOLUTION NO. 09-011 142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SOUTHERN CALIFORNIA EDISON FOR PARCEL MAP 17594 14. Approval of Improvement Agreement and Improvement Securities for Parcel Map 17818, 143 located on the south side of Foothill Boulevard, east of Rochester Avenue, submitted by Footchester Partners 1, LLC and release of previously submitted improvement agreement and improvement securities accepted by the City Council on January 16, 2008. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND - CITY COUNCIL AGENDA 6 _ JaNUARY 21, 2009 RESOLUTION N0.09-012 I 145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PARCEL MAP 17818 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES PREVIOUSLY ACCEPTED BY THE CITY COUNCIL ON JANUARY 16, 2008 15. Approval of an Amendment to Resolution Nos. 90-111 and 01-067 revising time for payment 146 of drainage improvement fees for development within the Etiwanda/San Sevaine Local Drainage Area. RESOLUTION NO. 09-013 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NOS. 90-111 AND 01-067, ANO REVISING TIME FOR PAYMENT OF DRAINAGE IMPROVEMENT FEES FOR DEVELOPMENT WITHIN THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA 16. Approval to authorize an increase to Contract No. CO 04-188 in the amount of 148 $3,538,937.00 to AECOM (formerly known as DMJM+Harris, Inc.), to authorize the expenditure of a 10% contingency in the amount of $353,893.70 and approve Contract Change Order No. 5 for the preparation of plans, specifications and estimates for modifying the existing Base Line Road/ I-15 Freeway Interchange, to be funded from 2004 Tax Allocation Bonds Funds, Account No. 2660801-5650/13616606311; and appropriate an amount of $845,000.00 to Account No. 2660801-5650/13616606311 from 2004 Tax Allocation Bonds Fund Balance. 17. Approval and execution of an easement agreement between Jama! Khoury and George 151 Khoury (CO 09-011) and the City of Rancho Cucamonga for the construction and maintenance of a traffic conductive loop at the intersection of Foothill Boulevard and Malachite Avenue. 18. Authorization to appropriate $1,400,500.00 from RDA 500 Fund Balance for the design 154 ($100,500 -Acct. No. 2500801-5300), Construction ($735,000 -Acct. No. 2500801- 5650/1715500-6314) and acquisition of standby emergency generators, automatic transfer switch and one 3000A main switchgear ($565,000 -Acct. No. 2500801-5603) and switch over from Southern California Edison Power to Rancho Cucamonga Municipal Utility Electrical Service and authorize staff to enter into a professional services agreement with TMAD Taylor and Gaines (RA 09-012) in the amount of $98,000.00 for the design of said project and authorize staff to solicit formal quotes for the acquisition of two 500 KVU emergency generators, one automatic transfer switch, and one 3000A main switchgear, and to award the purchase of said generators and switches to the lowest responsive responsible bidder and to authorize staff through a competitive bid process to award the contract for all necessary equipment. 19. Approval to release Faithful Performance Bond No. 6395810, retained in lieu of Maintenance 156 Guarantee Bond, in the amount of $210,615.00 for City Wide Installation of Emergency Vehicle Preemption Project Improvements, Contract No. 06-049. A REDEVELOPMENT GENCY, FIRE PROTECTION DISTRICT AND ~ CITY COUNCIL AGENDA .TANUARY 21, 2009 RANCHO CUCAMONGA 20. Approval to accept the Improvements, release the Faithful Performance Bond Cash Deposit 158 and file a Notice of Completion for improvements for 5650 Hellman Avenue, located on the west side of Hellman Avenue north of Wilson at 5650 Hellman Avenue, submitted by Stephen and Carol Biroczky. RESOLUTION NO. 09-014 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 5650 HELLMAN AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 21. Approval to accept the Improvements, release the Faithful Performance Bond and file a 161 Notice of Completion for improvements for DRC2005-00068, located on 8358 Red Hill Country Club Drive, submitted by Tovey/Schultz Construction, Inc. RESOLUTION N0.09-015 163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00068 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 22. Approval to release Faithful Performance Bond No. 4359945, retained in lieu of Maintenance 164 Guarantee bond, in the amount of $98,341.00 for RCMU Substation Fencing and Pavement Rehabilitation Improvements, Contract No. 07-064. 23. Approval to release Faithful Performance Bond No. 5023447, retained in lieu of Maintenance 166 Guarantee Bond, in the amount of $176,971.00 for 9~h Street Pavement Rehabilitation, from Hellman to Archibald Project Improvements, Contract No. 07-077. 24. Approval to accept the Milliken Avenue Pavement Rehabilitation from 7~' Street to Arrow 168 Route improvements, Contract No. 08-155 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $459,351.79. 171 RESOLUTION N0.09-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 7T" STREET TO ARROW ROUTE IMPROVEMENTS, CONTRACT NO. 08-155 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 25. Approval to release the Maintenance Guarantee Irrevocable Standby Letter of Credit for 172 Parcel Map 16926, located on the north side of Fourth Street between Buffalo Avenue and Richmond Place, submitted by CAL Development, LLC. 26. Approval of contract renewal for Carl Warren and Company (CO 09-013) as the City's Third 174 Party Administrator for General Liability claims. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA .TANUARY 21, 2009 M. 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. 181 183 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 08-02) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY. N. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 1. 190 190 RESTAURANT - To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File; Conditional Use Permit 87-06R. (CONTINUED FROM DECEMBER 3, 2008) RESOLUTION NO. FD 09-001 RESTAURANT - To consider revocation of a conditional use permit for the serving of distilled spirits in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076- 011-10. Related File: Entertainment Permit 89-04R. (CONTINUED FROM DECEMBER 3, 2008) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JANUARY 21, 2009 9 RESOLUTION NO. 09-017 229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 87-06, THEREBY PROHIBITING THE SERVING OF DISTILLED SPIRITS IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011- 10. RESOLUTION NO. 09-018 232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011-10. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 1. SUMMARY OF GENERAL PLAN UPDATE ACTIVITIES FOR THE FIRST QUARTER OF 235 2009 (PowerPoint Presentation) 2. CONSIDERATION OF AN AMENDMENT TO TITLE 13 OF THE RANCHO CUCAMONGA 254 MUNICIPAL CODE CHAPTER 13.09 ETIWANDA/SAN SEVAINE AREA STORM DRAIN PLAN 255 ORDINANCE NO. 805 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING DRAINAGE IMPROVEMENT FEE PROVISIONS APPLICABLE TO THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA, AND AMENDING TITLE 13 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 3. APPROVAL OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO 256 CUCAMONGA REVISING REGULATIONS PERTAINING TO PARKING OF VEHICLES ON PUBLIC STREETS IN EXCESS OF 72 HOURS. AND AMENDING SECTION 10.44.130 OF CHAPTER 10.44 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JANUARY 21, 2009 ORDINANCE NO. 806 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS PERTAINING TO PARKING OF VEHICLES ON PUBLIC STREETS IN EXCESS OF 72 HOURS, AND AMENDING TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE The following items have been requested by the City Council for discussion. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) NEXT MEETING ~~ R. ADJOURNMENT ~~ I, Debra L. McKay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 15, 2009, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 10 263 January 7, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES Speaal Meeting A CALL TO ORDER A speaal meeting of the Rancho Cucamonga City Councl/Fire Protection DistricURedevelopment Agency was held on Wednesday, January 7, 2009, in the City Council Chambers, located at 10500 Civic Center Drive, Rancho Cucamonga, California Mayor/Chairman/President Donald J Kurth, M D called the meeting to orderat2 04 p m Present were Councilmembers/Boardmembers/Agencymembers Sam Spagnolo, Diane Williams, Mayor Pro Tem/Vice PresidentA/ice Chairman L Dennis Michael, and Mayor/PresidenUChairman Donald J Kurth Counalmember/Boardmember/Agencymember Rex Gutierrez was absent Also present were Jack Lam, City Manager/Executive Director, Jim Markman, City Attorney (arrived at 2 40 p m ), Pamela Easter, Assistant City Manager, John Gillison, Deputy City Manager/Administrative Services, Mahdi Aluzri, Deputy City Manager/Community Development, Chief Peter Bryan, Rancho Cucamonga Fire Protection District, Mike Bell, Deputy Fire Chief, Mark Hartwig, Deputy Fire Chief, Jan Reynolds, City Clerk and Debra L McKay, Assistant City Clerk/Records Manager B PUBLIC COMMUNICATIONS No communication was made from the public .,,._: C ITEM OF DISCUSSION 1 CONSIDERATION OF RECOMMENDATIONS RELATED TO COMMUNICATIONS/DISPATCH AND EMERGENCY MEDICAL DISPATCH SERVICES Jack Lam, City Manager, noted that providing Emergency Medical Dispatch (EMD) services has been a mafor goal in the 1987, 2000 and 2005 Fire Strategic Plans Recognizing that EMD and emergency communications were so intertwined, the City Council directed staff in December of 2007 to issue a Request for Proposal to solicit providers that would supply both emergency communications and emergency medical dispatch services to the Rancho Cucamonga Fire District John Gillison, Deputy City Manager/Administrative Services, indicated that an RFP was issued in February 2008 to retain an outside consultant with specialized expertise in both general and emergency communications He reported that the firm of Pendleton Partners was chosen to assist the City/Agency/District and introduced Steve Pendleton and Geoff Cady from Pendleton Partners Geoff Cady spoke about the advantages to implementing EMD services EMD consistently verifies patient's location and chief complaint, minimizes response delays, improves communication between dispatchers and provides continuous updates The services also establishes standard protocols for call processing, minimizes arbitrary or anecdotal decision-making, ensures compliance to standard dispatch protocols and provides medically validated pre-arrival instructions The emergency incident time continuum and dispatcher functions were also discussed Mr Cady addressed the State EMD guidelines, scope of practice and EMD protocol reference system Mr Cady indicated that the Medical Priority Dispatch System (MPDS) was created by Dr Jeff Clawson and is used by more than 2,500 providers nationwide MPDS provides unified protocol and a systems approach to EMD He Redevelopment Agency, Fire Protection District, City Council Special Meeting Minutes January 7, 2009 Page 2 indicated that the system is aprotocol-specific continuing dispatch education component and is compliantwith all National standards of practice and position papers Key MPDS components, examples of the MPDS key questions, instructions and determinant descriptions were highlighted Lastly, Mr Cady discussed the system design process and how EMD fits into Fire strategic planning In conclusion, Mr Cady recommended the use of MPDS, as it improves patient outcomes, enhances data analysis and optimizes resource utilization Polices and procedures can be expanded to include fire and other types of emergences EMD emphasizes the need for strategically laced and appropriately staffed all-risk stations, works in conjunction with the 2005 Strategic Plan and ensures the best and most efficent level of emergency medical service possible far the community In response to Counclmember Spagnolo, Mr Cady confirmed that there data was available which shows the effectiveness of MPDS He indicated that he would provide information on the studies In response to Mayor Kurth, Mr Cady noted that the use of MPDS is superior to the current system as it uses a structured sequence of questions to determine the condition of the patient He confirmed that 2,500 agences are currently using MPDS Mr Cady indicated to Mayor Kurth that disadvantages to MPDS include its cost and the perception that the structured system is not intuitive and is inflexible In response to Counclmember Spagnolo, Mr Cady indicated that the use of MPDS would not dictate the number of type of resources to be provided It was noted that the system would be updated annually and the existence of alternate systems was discussed Mayor Pro Tem Michael stated that MPDS would provide first responders the information that they need to provide the highest quality of care In response to Mayor Kurth, it was noted that the system would be updated annually to incorporate new medical knowledge and that pre-arrival dispatch protocol was available Discussion was held regarding implementation and the use of existing computers In response to Counclmember Williams, Mr Cady addressed the intensive physical evaluation that is done on-site and stated that use of MPDS would not completely eliminate this process The system would, however, confirm the patient's symptoms and provide information to the first responder on the condition of the patient John Gillison, Deputy City Manager/Admrnistrative Services, addressed staff's recommendations for communications/dispatch and emergency medical dispatch services He addressed the timeline on the retention of Pendleton Partners and the issuance and evaluation of a RFP Four agences submitted qualified proposals City of Ontario, ConFire, City of San Bernardino and Rancho Cucamonga Fire District In May 2008, the Pro/ectTeam selected two proposals (Ontario and ConFire) for further review A detailed scope of services was prepared and issued to the two finalists in October of 2008 and final interviews were conducted in December Mr Gillison reported on the current Fire District dispatch services and indicated that the District has contracted with the City of Ontario since the 1970's He stressed that the City of Ontario is doing a very good fob providing dispatch services to the City The pro/ect goals and objectives, the steps taken to achieve the goals and objectives and the steps taken to ensure project success were discussed Mr Gillison reported that the City of Ontario proposed to implement EMD in 18-24 months, there is no option for increased governance, RCFD would assume all liability and would pay for the entire implementation (estimated at $2 6 million the first year and $1 7 million annually) In contrast, ConFire would implement communications and EMD services in 6-9 months, there would be a contractual arrangement the first year but membership in the Joint Powers Authority is possible in the second year The cost is estimated at $500,000 annually with the potential cost of $200,000 to acquire member status In response to Mayor Pro Tem Michael, the other members of the Joint Powers Authority were identified Also discussed was ConFire's location at the airport and their working relationship with sties in San Bernardino County In response to Mayor Kurth, Mr Gillison confirmed that the District would be a contract agency at first but stated that ConFire is open to including the City in the Joint Powers Authority Mr Gillison noted that the actual cost to the City would be determined by the number of calls and the number of agences in the JPA, indicating that $500,000 was an estimate In response to Mayor Pro Tem Michael, Mr Gillison stated that both finalists currently handle approximately the same number of EMS calls He rated the quality of the dispatching services equally The ISO rating was not known Mayor Pro Tem Michael stressed the need for measurable performance standards In response to Mayor Kurth, Mr Gillison stated that there was a good chance that the City would be able to loin the Joint Powers Authority He indicated that this would be addressed in the terms of the contract Redevelopment Agency, Fire Protection District, City Council Special Meeting Minutes January 7, 2009 Page 3 In response to Counalmember Spagnolo, Mr Gillison reported that ConFire has lust completed the training necessary to implement the EMD system Consequently, by the time the District enters into a contractual relationship with ConFire, they will have been using EMD for about six months Pamela Easter, Assistant City Manager, noted that ConFire is being recommended due to the following reasons There is a more timely implementation schedule, ConFire is currently implementing an accredited EMD system, there is a focus on fire/EMS dispatch services, the participatory governance structure, ConFire is amenable to contractual pertormance goals/standards, there is a shared cost structure for EMD implementation and there is no additional habdity concerns Steve Pendleton addressed the dispatch and EMD implementation, recommending that a contract be negotiated with Confire, that an implementation committee be established (including a 2-person Ad Hoc Board Committee, City, Fire and Fire Assocation representatives), that a professional services agreement with Pendleton Partners be executed, that a transition plan from Ontario to Con Fire be developed, that an evaluation be done on the feasibility of using Con Fire as a communication provider for muniapal dispatch and that system planning, training and technology work be conducted A transition to ConFire would occur and a dry run would be held In the late 2009 to early 2011, staff would monitor the system pertormance, troubleshoot operational and technical issues, collect system data and validate EMD outcomes against field reports, utilize the data to improve patient outcomes and optimize resource allocation and continue to evaluate the dispatch/EMD process to maximize efficiency and ensure the best level of emergency medical service to the community Councilmember Williams suggested that the existing contracts with the other members of the Joint Powers Authority be reviewed Mrs Easter recommended that staff be authorized to begin contract negotiations and implementation planning with Consolidated Fire Agencies of the East Valley to provide general dispatch/communication services and EMD to the Fire District and the City If approved, she noted that a final contract for service would be brought back for formal approval as part of the FY 2009-10 Budget It is recommended that staff be authorized to execute a professional services agreement with Pendleton Partners for EMD/Dispatch Implementation and EMD/Dispatch Evaluation, in an amount not to exceed $370,000 As a one-time expense, the costs will come out of Fire RDA reserves and be spread between FY 2008-09 and FY 2009-10 Lastly, she recommended that a 2-person Board Ad Hoc Committee be appointed to work with the City/Fire/Association transition and implementation team Councilmember Spagnolo stressed the need to make sure that the focus is on dispatching services He wanted to ensure quality of dispatching and did not want to teopardize the people out in the field for a program However, Councilmember Spagnolo could see the potential of the MPDS and how it could enhance the services provided to the community In response to Mayor Kurth, Deputy Chief Bell, Deputy Chief Hartwig and Chief Bryan spoke in support of the recommended actions Councilmembers Spagnolo and Michael indicated that they would like to serve on the Ad Hoc Committee Mayor Pro Tem Michael was pleased that the review process had included so many people He noted that dispatch was a critical component of the service being provided to the community Mayor Pro Tem Michael agreed that the City of Ontario had provided excellent service but recognized the advantages with proceeding with ConFire He encouraged staff to ensure that the automatic aid and response times were not impacted Councilmember Williams commended staff for the thorough analysis and understandable report She supported the inclusion in the Joint Powers Authority and the recommended actions Mayor Kurth thanked everyone for their hard work and was pleased that a way to improve the services to the community had been found He supported the process and the fact that so many people were included MOTION Moved by Williams, seconded by Spagnolo to support the recommendation in the staff report Motion carried 4-0, Gutierrez was absent Redevelopment Agency, Fire Protection District, City Council Speaal Meeting Minutes January 7, 2009 Page 4 MOTION Moved by Williams, seconded by Kurth to appoint Mayor Pro Tem Michael and Councilmember Spagnolo to the Board Ad Hoc Committee Motion carried 4-0, Gutierrez was absent D ADJOURNMENT The meeting adtourned 4 34 p m Respectfully submitted, Debra L McKay, MMC Assistant City Clerk/Secretary/Secretary Approved """ January 7, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND CITY COUNCIL CLOSED SESSION MINUTES A CALL TO ORDER The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on Wednesday, January 7, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California The meeting was called to order at 5 02 p m by Chairman/Mayor Donald J Kurth Present were Agencymembers/Councilmembers Sam Spagnolo, Diane Williams, Vice Chairman L Dennis Michael and Chairman Donald J Kurth Agencymember/Counalmember Rex Gutierrez was absent Also present were Jack Lam, Executive Director, Pamela Easter, Assistant City Manager, James Markman, City Attorney, Mahdi Aluzri, Deputy City Manager/Community Development and Linda D Daniels, Redevelopment Agency Director B ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman Kurth announced the closed session items 1 LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954 2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire C PUBLIC COMMUNICATIONS ON CLOSED SESSION ~TENI(S) No one was present to comment on the closed session item D CONDUCT OF CLOSED SESSION Closed session began at 5 02 p m E CITY MANAGER ANNOUNCEMENTS No announcements were made F RECESS Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page 2 The closed session adjourned at 6 50 p m with no action taken G. REGULAR MEETING CALL TOORDER - 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Councl reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California Chairman/PresidenUMayor Donald J Kurth called the meeting to order at 7 OS p m Members of Boy Scout Troop 634 led the Pledge of Allegiance Present were Agencymembers/Boardmembers/Councilmembers Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L Dennis Michael and Chairman Donald J Kurth Also present were Jack Lam, City Manager, James Markman, City Attorney, Mahdi Aluzri, Deputy City Manager/Community Development, Mark Steuer, Director Engineering Services/City Engineer, James Troyer, Planning Director, Linda D Daniels, Redevelopment Agency Director, Robert Karatsu, Library Director, Kevin McArdle, Community Services Director, Chief Jae Cusimano, Rancho Cucamonga Police Department, Peter Bryan, Fire Chief, Jan Reynolds, City Clerk, Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk H. ANNOUNCEMENTS/PRESENTATIONS 1 Presentation of a Proclamation to Norman MacKenzie for his contribution to the Rancho Cucamonga Chamber of Commerce Mayor Kurth presented a proclamation to Norman MacKenzie and thanked him for his work with the Rancho Cucamonga Chamber of Commerce 2 Presentation of a Proclamation to former Park and Recreation Commissioner Martin Dickey in honor of his years of service to the community Mayor Kurth presented a proclamation to Martin Dickey and thanked him for serving as a Park and Recreation Commissioner 3 Presentation of a check by Falken Tire Corporation in the amount of $12,700 for the Pacific Electric Trail Enhancement Program Representatives from Falken Tire Corporation presented a check in the amount of $12,700 for the Pacific Trail Enhancement Program 4 Presentation of Certificate of Recognition to Maegan Ridley in recognition of being crowned "Miss Rodeo Amenca " Mayor Kurth presented a Certificate of Recognition to Maegan Ridley for being crowned "Miss Rodeo Amenca " Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page 3 I. PUBLIC COMMUNICATIONS 11 Bernice McGrew expressed a concern with Code Enforcement's issuance of a citation and indicated that $200 must be paid to schedule an appeal If she goes forward with the appeal, this reduces the amount of funding to address the matter The City Manager referred her to Mahdi Aluzri, Deputy City Manager//Community Development 12 Jim Frost spoke about the POW -MIA Run for the Wall, to be held May 13 - 24, 2009 Participants travel on motorcycles from Rancho Cucamonga to Washington, D C 13 Ed Dietl spoke on behalf of the Rancho Cucamonga Historic Preservation Commission and asked the City Council to focus on saving historic bwldmgs m the City 14 John Lyons agreed with the importance of maintaining the City's heritage, expressed support for the Pacific Electric Trail and encouraged computer proficiency J. CONSENT CALENDAR-REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial They will be acted upon by the Agency at one time without discussion Any item may be removed by an Agencymember for discussion Approval of Minutes December 10, 2008 (Special Meeting-Consensus Bldg ) December 17, 2008 (Adjourned Meeting -Practical Vision) December 17, 2008 (Adjourned Meeting -Central Park Phase II) December 17, 2008 (Regular Meeting) Approval of Check Register dated December 10, 2008 through December 29, 2008, for the total amount of $4,047,884 48 Approval to authorize an increase to RA Contract No 07-019 in the amount of $187,900 00 to Dan Guerra and Assoaates to authorize the expenditure of a 10% contingency in the amount of $18,800 00, and approve Contract Change Order No 1 for the design of the Route 66 Historical Point of Interest along the north side of Foothill Boulevard east of Baker Avenue, to be funded from 2004 Tax Allocation Bond Funds, Acct No 2660801-5650/1189660-0 MOTION Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports contained within the Consent Calendar Motion carried 5-0 K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial They will be acted upon by the Fire Board at one time without discussion Any item may be removed by a Boardmember for discussion Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page 4 Approval of Minutes December 10, 2008 (Special Meeting-Consensus Bldg ) December 17, 2008 (Adjourned Meeting -Practical Vision) December 17, 2008 (Adjourned Meeting -Central Park Phase II) December 17, 2008 (Regular Meeting) Approval of Check Register dated December 10, 2008 through December 29, 2008, for the total amount of $100,354 04 MOTION Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar Motion carried 5-0 L. CONSENT CALENDAR-CITY COUNCIL The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the Councd at one time without discussion Any item may be removed by a Councilmember for discussion Approval of Minutes December 10, 2008 (Special Meeting-Consensus Bldg ) December 17, 2008 (Adjourned Meeting -Practical Vision) December 17, 2008 (Adjourned Meeting -Central Park Phase II) December 17, 2008 (Regular Meeting) Approval of Check Register dated December 10, 2008 through December 29, 2008, and payroll ending December 29, 2008, for the total amount of $7,781,128 92 Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of Foothill Boulevard and Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place, to be funded from Transportation Funds, Acct Nos 1124303- 5650/1670124-0,1124303-5650/1671124-0 and 1124303-5650/1675124-0 RESOLUTION NO 09-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FOOTHILL BOULEVARD AND ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval of a Resolution designating applicant's agents information (Universal) information be filed with the Governor's Office of Emergency Services for the purpose of obtaining Federal assistance due to disasters RESOLUTION NO 09-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING APPLICANT'S AGENTS INFORMATION (UNIVERSAL) BE FILED WITH THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING FEDERAL ASSISTANCE DUE TO DISASTERS Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page 5 Approval of a request from the Rancho Cucamonga Quakes/Los Angeles Angels of Anaheim for Waiver of Rental Fees for Use of the Epicenter Stadium on January 17, 2009, for a Free Youth Baseball Clinic Approval to accept grant revenue in the amount of $227,934 00 from the 2008/09 State of California Supplemental Law Enforcement Fund (SLESF) into Acct No 1354000-4740 (Grant Income) and authorization to appropriate $227,934 00 into Acct No 1354701-5300 (COPS Grant State Contract Services) to supplement overtime costs assoaated with daily patrol services and criminal investigations Approval of agreement to award Land Surveying Services with Dan Guerra & Assoaates (CO 09-001) for processing Tract Maps, Parcel Maps, Easement Documents, Legal Descriptions and any other related duties as needed per the proposed fee rate schedule to be funded from Fund 016 (Community Development Technical Services Fund/AB1600), Acct No 1016301- 5300 RESOLUTION NO 09-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LAND SURVEYING SERVICES FOR PROCESSING TRACT MAPS, PARCEL MAPS, EASEMENT DOCUMENTS, LEGAL DESCRIPTIONS AND ANY OTHER RELATED DUTIES Approval of Improvement Agreement Extension for DRC2005-00905, located on the east side of White Oak Avenue cul-de-sac, south of Jersey Boulevard, submitted by Charles Karubian and Lawrence Karubian RESOLUTION NO 09-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2005-00905 Approval of Improvement Agreement Extension for Tract 16324, located at the northerly end of Wardman Bullock Road, submitted by Rancho 2004, LLC RESOLUTION NO 09-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16324 10 Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No 4 and Street Lighting Maintenance District Nos 1 and 4 for Parcel Map 18797, located on the east side of Haven Avenue, north of Town Center Drive, submitted by Church Haven Company, LLC, a Delaware Limited Liability Company RESOLUTION NO 09-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 18797, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page 6 RESOLUTION NO 09-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS 1 AND 4 FOR PARCEL MAP 18797 11 Approval to authorize an increase to Contract No 07-195 in the amount of $187,900 00 to Dan Guerra and Assoaates to authorize the expenditure of a 10% contingency in the amount of $18,800 00, and approve Contract Change Order No 1 for the design of the Route 66 Historical Point of Interest along the north side of Foothill Boulevard east of Baker Avenue, to be funded from 2004 Tax Allocation Bond Funds, Acct No 2660801-5650/1189660-0 12 Approval of Maintenance Guarantee Cash Deposit for DR 00-27, located at the northeast corner of 19'h and Carnelian Streets (the Vons store within the Alta Loma Shopping Center), submitted by the Vons Companies, Inc , a Michigan Corporation 13 Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 17382, located on the east side of Center Avenue between Arrow Route and 26'" Street, submitted by William Lyon Homes, Inc RESOLUTION NO 09-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17382 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION OR THE WORK 14 Approval to release Faithful Performance Bond No 104908258, retained in lieu of a Maintenance Guarantee Bond, in the amount of $1,374,15923 for Fiscal Year 06/07 Local Street Rehabilitation Overlay Improvements, Contract No 07-041 15 Approval to release Faithful Performance Bond No 7592602, retained in lieu of Maintenance Guarantee Bond, in the amount of $67,15000 for the 5'" Street and Fauway View Place Asphalt Pavement Final Cap Improvements, Contract No 07-091 MOTION Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar Motion carried 5-0 M. 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 Agency, Fire Board, or Council will act upon them at one time without discussion The City Clerk will read the title Any item can be removed for discussion by an Agencymember, Boardmember, or Councdmember Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page 7 CONSIDERATION OF 2ND READING OF ORDINANCE FOR ENVIRONMENTAL ASSESSMENT AND CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2008-00593 CITY OF RANCHO CUCAMONGA - A request to modify the definition of landscaping under Section 17 02 140 of the Development Code to allow for the use of synthetic turf and modify Sections 17 08 090, 17 10 060 and 17 30 060 of the Development Code to establish design guidelines for the use of synthetic turt Staff has prepared a negative declaration of environmental impacts for consideration ORDINANCE NO 804 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00593 AMENDING SECTION 17 02 140C OF THE DEVELOPMENT CODE TO MODIFY THE DEFINITION OF LANDSCAPING TO ALLOW FOR THE USE OF SYNTHETIC TURF AND AMENDING SECTIONS 17 08 090C(5), 17 10 060C(1)(E) AND 17 30 060F, AND MAKING FINDINGS IN SUPPORT THEREOF ND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES AS PART OF THE BUILDING INDUSTRY ASSOCIATION'S HOUSING MARKET ECONOMIC STIMULUS PACKAGE ORDINANCE NO 802 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TEMPORARILY REVISING REGULATIONS RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES MOTION Moved by Gutierrez, seconded by Williams, to approve Ordinance Nos 804 and 802 for second reading Motion carried 5-0 N. ADVERTISED PUBLIC HEARING FIRE PROTECTION DISTRICT In order to comply with legal publication or posting requirements, rt is recommended that the following item be continued to January 21, 2009 CONSIDERATION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (PNEUDRAULICS INC A CALIFORNIA CORPORATION - APN 0209-021-42 - ANNEXATION NO 08-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS MOTION Moved by Michael, seconded by Williams, to continue this item until January 21, 2009 Motion carried 5-0 Redevelopment Agency, Fire Protection District, City Council Minutes January 7, 2009 Page S O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements PRESENTATION ON THE DEVELOPMENT OF THE ORGANIZATION'S PRACTICAL VISION, MISSION AND VALUES (SPIRIT Jack Lam, City Manager addressed "Team RC" and the creation of three new Learning & Development Teams Practical Vision Learning Team, the Ideal Culture Learning Team and the Employee Orientation Team These teams were formed to research and then recommend a course of action in three crucial and related areas our Vision for our shared future, the Organizational Culture within which we work, and the process by which people new to the organization will become -and feel -apart of it He introduced the Vice Chair, Michelle Perra, who spoke about the creation of the team and its purpose Kris Martinez (PWSD) indicated that the Chair, James Linthicum, had accepted a position with another agency The team members introduced themselves Vice Chair Michelle Perera (Lib) Members Mike Bell (FD), Joe Cusimano (PD), Linda Daniels (RDA), Tim Faulkner (PWSD), Theresa Fisher (CMO), Lenore Gueste (BS), Mike McCliman (FD), Solomon Nimako (Admen Serv), Celeste Rodriguez (CSD), Staff Support Fabian Villenas (CMO) Fabian Villenas reported that ten meetings were held at various facilities and Solomon Nimako discussed the methodology used in the survey and indicated that one-on-one interviews were held with employees Linda Daniels discussed the successfulness of the process and a DVD was shown highlighting various employees reciting the wsion, mission and values statements Mike Bell addressed the vision statement and Theresa Fisher introduced the values which were identified as a result of this process Michelle Perera spoke about various initiatives that could be implemented in the organization and thanked the City Councl and Management for their support of this process The Mayor and City Counalmembers expressed their support of the practical vision, mission and values statements and commended staff on their hard work P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember ) Councilmember Spagnolo reported that the U S Census Bureau will be holding a grand opening on January 29, 2009 at 10 a m and indicated that employment opportunities were available He also stated that the City had compiled a list of protects in the event that Federal funding becomes available as a result of an economic stimulus package Lastly, he noted that staff is closely monitoring the State's budget process in contunction with the League of California Cities Counalmember Gutierrez was encouraged with a proposed business stimulus package and indicated that he will be working in a new tob that will focus on helping the community through the economic situation Updates are available at vineyardpress coin Mayor Pro Tem Michael noted that the State's budget process is creating local challenges but was confident that the City would weather the storm He invited the audience to the Mayor's State of the City address, which will be held at the Red Hill Country Club on January 14, 2009 Mayor Pro Tem Michael reported on the 2ntl Annual Do It Yourself TV Commercial Contest being sponsored by Omnitrans and also noted that Omnitrans is seeking comments on their Short Range Transit Plan Redevelopment Agency, Fire Protection District, City Councl Minutes January 7, 2009 Page 9 Councilmember Williams noted that the Mayor's State of the City address would be broadcast on Charter TV for those unable to attend the luncheon She encouraged people interested in fobs with the census to take the practice test first and reminded trail users to stay to the right of the trail and to wear helmets Mayor Kurth noted a recent newspaper article which indicated that a aty that had banned smoking had a 41% decrease in heart attacks He also noted that the City Council had conducted a meeting today regarding emergency medical dispatch and was very pleased with the progress being made Lastly, Mayor Kurth noted that he would be absent from the next meeting as he would be attending the Presidential Inauguration CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING AN APPOINTMENT TO THE PARK AND RECREATION COMMISSION Councilmember Williams reported on the Community Services Subcommittee's recommendation regarding an appointment to the Park and Recreation Commission The Subcommittee is recommending that Janet Ryerson be appointed to fill the unexpired term of former Park and Recreation Commissioner Martin Dickey, to expire m June 2010 MOTION Moved by Kurth, seconded by Michael to appoint Janet Ryerson to fill the remainder of Martin Dickey's term on the Park and Recreation Commission Motion carried 5-0 Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified R. ADJOURNMENT Mayor Hurth stated the next regular meeting would be held on January 21, 2009 Meeting adtourned at 8 41 p m in honor of Meagan Ridley, "Miss Rodeo America Respectfully submitted, Debra L McKay, MMC Assistant City Clerk/Records Manager Approved """ RANCHO CUCAMONGA REDEVELOPMENT AGENCY ' Agenda Check Register ]2/30/2008 through 1/13/2009 Check No. Check Dale Vendor Name ~ Amount AP - 00277271 12/31/2008 B AND K ELECTRIC WHOLESALE 1,925.05 AP - 00277305 12/31/2008 DEMCO INC 547.37 AP - 00277305 12/31/2008 DEMCO INC 719.81 AP - 00277305 12/31/2008 DEMCO INC -36.28 AP - 00277319 12/31/2008 G AND M BUSINESS INTERIORS 1,753.49 AP - 00277325 12/31/2008 GRAINGER 73.12 AP - 00277332 12/31/2008 HIGHSMITH 111.60 AP - 00277332 12/31/2008 HIGHSMITH 17.63 AP - 00277339 12/31/2008 II~`LAND EMPIRE UTILITIES AGENCY 2,209.25 AP - 00277347 12/31/2008 KEC COMPANY 656,314.36 AP - 00277347 12/31/2008 KEC COMPANY -65,631.44 AP - 00277352 ]2/31/2008 LEARNING EXPRESS 4,181.00 AP - 00277359 12/31/2008 MCMURRAY STERN INC 1,575.99 AP - 00277364 12/31/2008 NEC UA'IFIED SOLUTIONS INC 103.17 AP - 00277384 12/31/2008 RICHARDS WATSON AND GERSHON 313.32 AP - 00277385 12/31/2008 RJM DESIGN GROUP INC 3;100.00 AP - 00277406 12/31/2008 STANDARD AND POORS 298.00 AP - 00277409 12/31/2008 TBH INC 76;000.86 AP - 00277409 12/31/2008 TBH INC -7,600.09 AP - 00277417 12/31/2008 UNION BANK OF CALIFORNIA 65,631.44 AP - 00277425 12/31/2008 WA[.TERS WHOLESALE ELECTRIC CO 455.05 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 267.20 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO' 110.26 AP - 00277453 1/7/2009 BMJ WORK GROUP INC 99.13 AP - 00277453 1/7/2009 BMJ WORK GROUP INC 99.13 AP - 00277465 1/7/2009 CHAFFEY COMMUNITY COLLEGE 542,051.29 AP - 00277476 1/7/2009 COUNTY OF SAN BERNARDINO 532,588.83 AP - 00277477 1/7/2009 COUNTY SUPERINTENDENT OF SCHOOLS 179,741.02 AP - 00277484 1/7/2009 DAN GUERRA AND ASSOCIATES 35,105.00 AP - 00277499 1/7/2009 FARAH INC, ELIE 7,200.00 AP - 00277501 1/7/2009 FEDERAL EXPRESS CORD 30.04 AP - 00277508 ]/7/2009 G AND M BUSINESS INTERIORS 16,487.16 AP - 00277511 1/7/2009 GEOGRAPHICS 237.05 AP - 00277517 ]/7/2009 HILL AND KNOWLTON INC 1,461.42 AP - 00277517 1/7/2009 HILL AND KNOWLTON INC 150.00 AP - 00277517 1/7/2009 HILL AND KNOWLTON INC 6,712.50 AP - 00277524 1/7/2009 INLAND EMPIRE UTILITIES AGENCY 1,060,498.42 AP - 00277527 1/7/2009 INTERNATIONAL COUNCIL OF SHOPPING CEN' 50.00 AP - 00277551 1/7/2009 NINYO & MOORE 1,117.25 AP - 00277554 1/7/2009 OFFICE DEPOT 64.80 AP - 00277554 1/7/2009 OFFICE DEPOT 6.22 AP - 00277601 1/7/2009 TBH INC 7,270.11 AP - 00277601 1/7/2009 TBH INC 7,600.09 Total for Check ID AP: 3,14],009.62 Total for Entity: 3,141,009.62 P1 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:29:4 P2 m m O E U u O T U C d Q 0 ~ ~ N a £ ~ o d. fC C ~ ~~'f Cl ~ N ~ C ~ O ~ Q 'O Q V ~ 1 = p O voaz o °' t V_ _ __ V ra ~ O S Z :7 '~ 6 ~C/ =t -_.. ~4iV -i E> m m m o 0 o ~ m m .- < n n e N W N l7 Q ~ O n ~~ m m m o o n m r O N O n ~ ymj I V N m m O ~ O ' d m a.~ ~ m r Q C l f m r~ I Op'1 0 ri N n n d Ol e ~ N O 0 V O O O e O n m O N n O o a O ~ r O m m p j m N m m A Q O m m N m N 1 O i N m O O i O n y m m n p r Q m 0 0 0 0 0 < O f7 m ° '~ N n ~ v ~ N N d m ~ ~ h M o m Q j 1 ~ N q Q m ~ O i N ~ m N m m Q m ~ n n m ~ O n ~ n ~ ONi N 1~1 N Q m 10 ~ o, rn o n e a m O ~ ~ Vi h m ~ N N A m 0 0 0 0 N r ~ m m u q ° ° ° rn m ~ m n o p m o o o ~ m o m r N m n m O o N n O o m O~ Y M N M m {") m ~ N N N C d d C 7 ~ m n O LL ~ U °p E ' m V N d ~ W > v '-' c ^ - ~ o w w C N p~ (n Q Q t~ ~ m Y O ~ a ~ U LL F C m H C N C ~ ~ d O L ~ m C ~ O ~ a ~ m v `m C 2 =r ~ a U OC ~ m a t- ~ U~ ~ ~ C ~2 ~ p m m gu y m U ` o N '^C U ~S U a ~ a Vl H d c ~, m Y a ~ ~E m m _ V C O °n E m c r N V- N ~ d W 1 j C r y 'v r C W 4 O ~ O U " a E m N O W O m N L -C O ~ E a x m 'O C d N nt O ~ ~ m y ~ E of nV c _ e m'o n N ~ c O O 1` m of oo ei ~ 3 n °n ~ c N 10 N t C) b L m fh m Ip Ivj Nj L.. 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Q t {~ Q' N ~ a N GI C V O r 0 C q C q O O Z d m O N O N m H N O N z w m n of ~ E r y w Z ~ m E z ~ Cw7 < ° > ° ~ 0 y T ~ Q H 1n ~ w L U O - C O J ~_ ~ # m C C O c m c > o- > E LL U ~ c m ~ o r H a N y ~ N A C T T C d ~ ~ Q o Q N U N L ~ U J IY/1 li ~' STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: January 21, 2009 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer Dave Blevins, Public Works Services Director By: Michael TenEyck, Utility Operations Manager C"~ ` Ty Quaintance, Facilities Superintendent P18 RANCHO C,UCAMONGA Subject: AUTHORIZATION TO APPROPRIATE $1,400,500 FROM RDA 500 FUND BALANCE FOR THE DESIGN ($100,500--2500801-5300), CONSTRUCTION ($735,000-- 2500801-5650/1715500-6314) AND ACQUISITION OF STANDBY EMERGENCY GENERATORS, AUTOMATIC TRANSFER SWITCH AND ONE 3000A MAIN SWITCHGEAR ($565,000--2500801-5603) AND SWITCH OVER FROM SOUTHERN CALIFORNIA EDISON POWER TO RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRICAL SERVICE AND AUTHORIZE STAFF TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TMAD TAYLOR AND GAINES IN THE AMOUNT OF $98,000 FOR THE DESIGN OF SAID PROJECT AND AUTHORIZE STAFF TO SOLICIT FORMAL QUOTES FOR THE ACQUISITION OF TWO 500 KW EMERGENCY GENERATORS, ONE AUTOMATIC TRANSFER SWITCH, AND ONE 3000A MAIN SWITCHGEAR AND TO AWARD THE PURCHASE OF SAID GENERATORS AND SWITCHES TO THE LOWEST RESPONSIVE RESPONSIBLE BIDDER AND TO AUTHORIZE STAFF THROUGH A COMPETITIVE BID PROCESS TO AWARD THE CONTRACT FOR ALL NECESSARY EQUIPMENT. RECOMMENDATION It is recommended that the Board authorize the appropriation of $1,400,500 from RDA Fund 500 fund balance for the design ($100,500--2500801-5300), construction ($735,000--2500801-5650/1715500- 6314) and acquisition of standby emergency generators, automatic transfer switch and one 3000A main switchgear ($565,000--2500801-5603) and switch over from Southern California Edison power to Rancho Cucamonga Municipal Utility electrical service and authorize staff to enter into a Professional Services Agreement with TMAD Taylor and Gaines in the amount of $98,000.00 for the design of said project and authorize staff to solicit formal quotes for the acquisition of two 500 KW emergency generators, one automatic transfer switch, and one 3000A main switchgear and to award the purchase of said generators and switches to the lowest responsive responsible bidder and to authorize staff through a competitive bid process to award the contract for all necessary equipment.. BACKGROUND/ANALYSIS The ongoing maintenance and improvement of the City's buildings has, in recent years, included major improvements of the Civic Center to bring the building up to current earthquake standards and expand the Police Station and the City's Emergency Operations Center. This process of incremental improvements to better serve the community during an emergency is continuing through the modernization of our generator capability that will allow the building to remain fully operational on backup generator power in a blackout or a disaster situation. During the design process for the generator upgrade, the building will be changed over from Southern California Edison as the electrical service provider to the Rancho Cucamonga Municipal Utility. This change to RCMU power will result in immediate savings to the City and is expected to net an estimated $200,000 savings annually. REDEVELOPMENT AGENCY STAFF REPORT AUTHORIZATION TO APPROPRIATE $1,400,500 January 21, 2009 Paae 2 Respectfully submitted, Stever Director of Engineering Services/City Engineer P19 MASlMT/JU:rlc P20 STAFF REPORT ~- ~ l -_ ~ ~ ENGINEERING SERVICES DEPARTMENT RANCHO Date: January 21, 2009 C,UCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer Subject: APPROVAL TO AUTHORIZE AN INCREASE TO CONTRACT NO. CO 04-188 IN THE AMOUNT OF $3,538,937.00 TO AECOM (FORMERLY KNOWN AS DMJM+HARRIS, INC.), TO AUTHORIZE THE- EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $353,893.70, AND APPROVE CONTRACT CHANGE ORDER NO. 5 FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR MODIFYING THE EXISTING BASE LINE ROAD / I-15 FREEWAY INTERCHANGE, TO BE FUNDED FROM 2004 TAX ALLOCATION BONDS FUNDS, ACCOUNT NO. 26608015650/13616606311; AND APPROPRIATE AN AMOUNT OF $845,000.00 TO ACCOUNT NO. 26608015650!13616606311 FROM 2004 TAX ALLOCATION BONDS FUND BALANCE It is recommended the Redevelopment Agency approve an increase in said contract with AECOM (formerly known as DMJM+HARRIS, INC.) to provide plans, specifications and estimates for the modification of the existing Base Line Road/I-15 Freeway Interchange and authorize the Director of Engineering Services/City Engineer to sign said Contract Change Order. BACKGROUND/ANALYSIS Traffic congestion during the morning and afternoon peak periods has become a regular occurrence at the Base Line Road/I-15 Interchange. Over the years, residential and commercial developments have added more and more traffic to this already congested interchange. Traffic projections indicate that this interchange cannot operate at an acceptable level of service without modifications. The modifications include constructing a loop on ramp for westbound Base Line Road traffic onto southbound I-15 Freeway and widening the other on and off ramps. The preparation of plans, specifications and estimates is the third in a multi-step state/federally required process that must be followed before a freeway interchange can be modified. The first step was the preparation and approval of a Project Study Report/Preliminary Design Study (PRS/PDS). Caltrans approved the PRS/PDS on February 13, 2002. The second step is the preparation and approval of a Project ReporUEnvironmental Document (PR/ED). The PR/ED is now in its final review stage. Caltrans approval of the PR/ED is anticipated in the next month or so. Since the PRS/PDS and the PR/ED had already determined the interchange modification concepts and alignments, it was decided to start the actual design process. City staff advertised for proposals to prepare plans, specifications and estimates for the modification of the Base Line Road/I-15 interchange. Proposals were received from four (4) consultants. A P21 REDEVELOPMENT AGENCY STAFF REPORT SUBJECT: Base Line Road/I-15 Interchange Change Order January 21, 2009 Page 2 Consultant Selection Committee reviewed the proposals and recommended AECOM as the most qualified and responsible firm. Respectfully submitted, .r------..,, 1 ~ ~~ Mark A Steuer `' Director of Engineering Services/City Engineer MAS: W CS Attachments P22 I CITY OF RANCHO CUCAMONGA. ;- r . ~ .am~..c . ~ o'er Y 6~ .K I K UPLAND ~ ~~ ... .¢ „¢ -,. "" ~ PROJECT ;' «~ ¢. LIMITS . cc E3~ a I-11¢t ¢ 61166 ~ a _ f Y ~ ! 1 R~/ .. ~1 i = ~ . ¢4/.~. /rte ~rV / FONTANA CITY OF RANCHO CUCAMONGA VICINITY MAP ,-, ~~.;--~~ BASE LINE ROAD / I-15 FREEWAY INTERCHANGE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Asenda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277288 12/31/2008 CALIFORMA PUBLIC EMPLOYEES 4,347.00 AP - 00277288 12/31/2008 CALIFORNIA PUBLIC EMPLOYEES 299.12 AP - 00277300 12/31/2008 COSTELLO, DENNIS M 900.94 AP - 00277348 12/31/2008 L S A ASSOCIATES INC 1,291.25 AP - 00277364 12/31/2008 NEC UNIFIED SOLUTIONS INC 163.80 AP - 00277364 12/31/2008 NEC UNIFIED SOLUTIONS INC 118.00 AP - 00277392 12/31/2008 SEYMOUR, RONALD 955.89 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 15.06 AP - 00277395 12/31 /2008 SO CALIF GAS COMPANY 140.83 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 403.54 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 403.53 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 1,435.00 AP - 00277429 12/31/2008 WENGER, JEFF 130.00 AP - 0027744] 1/7/2009 AIRGAS WEST 393.52 AP - 00277441 1/7/2009 AIRGAS WEST 302.57 AP - 00277447 1/7/2009 APPLE ONE EMPLOYMENT SERVICES 1,579.50 AP - 00277447 1/7/2009 APPLE ONE EMPLOYMENT SERVICES 1,154.25 AP - 00277450 1/7/2009 BALL, ROBERT 35.90 AP - 00277460 1/7/2009 CARSON, DANIEL 130.00 AP - 00277470 1/7/2009 CLOUGHESY, DONALD 10.68 AP - 00277473 1/7/2009 COMMERCIAL DOOR COMPANY INC 1,950.00 AP - 00277479 1/7/2009 CRIS AND SON'S APPLIANCE SERVICE 214.28 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 129.12 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 201.63 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 535.80 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 300.09 AP - 00277488 1/7/2009 DOMINICK, SAMUEL A. 59.00 AP - 00277493 1/7/2009 EMCOR SERVICE 2,280.00 AP - 00277493 1/7/2009 EMCOR SERVICE 1,540.00 AP - 00277493 1/7/2009 EMCOR SERVICE 780.00 AP - 00277493 1/7/2009 EMCOR SERVICE 560.00 AP - 00277493 1/7/2009 EMCOR SERVICE 2,270.00 AP - 00277493 1/7/2009 EMCOR SERVICE 1,490.00 AP - 00277493 1/7/2009 EMCOR SERVICE 728.00 AP - 00277493 1/7/2009 EMCOR SERVICE 2,245.00 AP - 00277495 1/7/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00277495 1 /7/2009 EMPLOYMENT SOLUTIONS 31.50 AP - 00277495 1 /7/2009 EMPLOYMENT SOLUTIONS 420.00 AP - 00277495 1/7/2009 EMPLOYMENT SOLUTIONS 420.00 AP - 00277495 1/7/2009 EMPLOYMENT SOLUTIONS 210.00 AP - 00277495 1 /7/2009 EMPLOYMENT SOLUTIONS 15.75 AP - 00277502 1/7/2009 FINESSE PERSONNEL ASSOCIATES 265.68 AP - 00277503 1/7/2009 FIRST IN PRODUCTS INC 68.62 AP - 00277506 1/7/2009 FRASURE, JULIE 332.50 AP - 00277509 1/7/2009 GANDOLFO'S NY DELI 37.99 AP - 00277520 1/7/2009 HOYT LUMBER CO., SM 5.80 AP - 00277522 1/7/2009 ICC 35.00 AP - 00277538 1/7/2009 LIEBERT CASSIDY WHITMORE 870.00 AP - 00277538 U7/2009 LIEBERT CASSIDY WHITMORE 216.00 AP - 00277554 1/7/2009 OFFICE DEPOT 388.70 AP - 00277554 1/7/2009 OFFICE DEPOT 41.25 P23 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT _Agenda Check Reeister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277jj4 1/7/2009 OFFICE DEPOT 23.21 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF 9,396.00 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF jq.72 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF j8,343.38 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF 1,879.20 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF 7,j16.80 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF 46,674.70 AP - 00277jj6 1/7/2009 ONTARIO, CITY OF 1 ],668.67 AP - 00277j61 1/7/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENf 740.00 AP - 00277561 1/7/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 67.49 AP - 00277j62 1/7/2009 PATTON SALES CORP 746.23 AP - 00277j62 1/7/2009 PATTON SALES CORP 4j.19 AP - 00277j68 1/7/2009 RAYNE WATER CONDITIONING INC 24.50 AP - 00277j70 1/7/2009 RICHARDS WATSON AND GERSHON 7j0.00 AP - 00277j74 1/7/2009 SAN ANTONIO COMMUNITY HOSPITAL 3j.00 AP - 00277j78 1/7/2009 SAN BERNARDINO CTY FIRE ARSON INVESTIG 2j.00 AP - 00277j80 1/7/2009 SANTA ANA COLLEGE 1j0.00 AP - 00277j81 1/7/2009 SANTA ANA COLLEGE Ij0.00 AP - 00277j84 1/7/2009 SHAMROCK COMPANIES, THE 192.33 AP - 00277600 ] /7/2009 TARGETSAFETY 3,j77.j0 AP - 00277616 1/7/2009 VERIZON 468.08 AP - 00277616 1/7/2009 VERIZON 468.08 AP-002776]6 1/7/2009 VERIZON 61.2j AP - 00277616 1/7/2009 VERIZON 100.61 AP - 00277616 1/7/2009 VERIZON ~ 33.j4 AP - 00277616 1/7/2009 VERIZON 33.j4 AP - 00277616 1/7/2009 VERIZON 33.j4 AP - 00277616 1/7/2009 VERIZON 104.69 AP - 00277616 1/7/2009 VERIZON 468.08 AP - 00277616 1/7/2009 VERIZON 468.08 Total for Check ID AP: 177,822.72 EP - 00000198 1/7/2009 MCKEE, JOHN 727.jj Total for Check ID EP: 727.jj Total for Entity: 178,jj0.27 P24 user: VLOPEZ -Veronica Lopez Page: 2 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:30:] m 0 E U L m O _T U _V ~ L+ y C ~ ~ E £ o 0 d N O ~ O ~ ~ y ~ O ~ O ~ n. •°- ~o E ~o~> O iLaaz va °~3N~ f i ~'c N n fr > Y Q O Ea N ~' Of E H O e ~ a° Y d O ~ O q m ~ b N b ~ t 0 O a ~ N y N ~ O ~ O+ YI N N O N Ct ~ O ~ o o ~ o l n I n n n r N I n m m e O~ O N V O O rn G 0 N O H o ' ~ N N m .n m m m p m o 0 N m Q e O V1 fh vi N 0 d N a y' J h n < m ~ q [V N 0 m f T ~? 0 b v ~ 'f O "' = `° ~ o O O N O p < m N j ( y ( p ~ q ~ o ~ e uj > o ~ ~ ~ n o ~ r N o O N 0 0 C a C O C d ti U c d E d _N ~ C v ~ E ~, a ¢ ~ ;~ E ~ > J LL ~ C C O d E Y d U > a ~ v a O C i0 d._ Uv y ~~ m N DC T U ab ~ L _ C L a~oc ~ c m ?~ E N .0. > y O N 9 O d d T V L U U "' O ~ O m c o ~ E ~ h N ~ > d > " o S a o `` a i „ n o o x o T d ~ T O d t U ~ ~ E 0o w m O N v N L y C C `- O E a x O N ~ U y O a ~ C C N y m Q ~ U m va U E C 0 o y E o D " o =a m v'S > M n o E g g n ~ o M n w-~ v 3.- O ' > O U O C p 1D N e d L O ~ m d L ° 1°. r 3 C ~ da U C N E > >, `O N " ~~U d u c 5 c-- ~ o m na 1 °c 3 ~ ~~ O L d N 1 N a i C C > d - 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Q~ C U C A N N O n 0 E A 17 !n'1 N r Z N m m N 1"1 r OI W 01 m ~- O N r Q U ~ E o E ¢ o 0 0 ~ V > (A ; N E fn LL ~ ~ N ~ N a~i T C T L ? m4 p ~ C O R ..J ~ f „" C O c m E c ti J/ ~ a o 1 > C d U v N ~ `~ ° E a o ,~, N y C_ ~ C 'Y ~ U ~ m T u t U c ~ a W ~ O Q ~ Q Q o m m o N J N d o m O U N li 1 S vT'..f ~V 'f". t~ ~~ ~ i R A N C H O C U C A M O N G A FIRE PROTECTION D I S T l2 I C T Staffi Report DATE: January 21,2009 TO: President and Members of the Board of Directors Jack Lam, AICP, City Manager FROM: Peter M. Bryan, Fire Chief BY: Mark Hartwig, Deputy Fire Chief Pamela Pane, Management Analyst II Dawn Haddon, CPPO, C.P.M., Purchasing Manager SUBJECT: APPROVAL FOR THE PURCHASE OF THREE (3) 2009 SATURN VUE HYBRID VEHICLES FROM SATURN OF RIVERSIDE IN THE AMOUNT OF $75,710.00, TO BE FUNDED FROM ACCT. NO. 3289501-5604 (CAPITAL OUTLAY-VEHICLES) It is recommended that the Fire Board approve the purchase of three (3) Saturn VUE Hybrid Vehicles, from Saturn of Riverside, in the amount of $75,710.00, funded from account 3289501-5604 (Capital Outlay-Vehicles). BACKGROUND/ANALYSIS The Fire Protection District has funds in the FY2008/09 budget 3289501-5604 (Capital Outlay -Vehicles) for the purchase of new hybrid vehicles. These vehicles are a necessary addition to the District's fleet so that older, low miles per gallon vehicles can be surplused out. The current fleet's miles per gallon per vehicle have been monitored regularly and those with the lowest performance will be surplused. Consistent with the direction from the Council/Board, the District has determined this type of hybrid vehicle will meet the District's needs and be eco-friendly in helping to reduce the carbon footprint. The Fire District provided specifications to the Purchasing Division for the vehicles. Purchasing prepared a formal Request for Bid ("RFB") and sent it to fifteen (15) vehicle vendors; eleven (11) prospective vendors downloaded the RFB from the City's website. Eight (8) viable responses were received. P29 Page 2 January 21, 2009 APPROVAL FOR THE PURCHASE OF THREE (3) 2009 SATURN VUE HYBRID VEHICLES After analysis of the bid responses by Purchasing and District staff it has determined to be in the City's best interest that an award for the purchase of~three (3) Saturn VUE Hybrid Vehicles, be authorized to Saturn of Riverside, the lowest, most responsive, responsible bidder. Bid details are on file in the Purchasing Department. Respectfully submitted, Peter M. Bryan Fire Chief P30 -2- CITY OF RANCHO CUCAMONGA P31 Agenda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amoun[ AP - 00277259 12/31/2008 A R I REPROGRAPHICS 376.91 AP - 00277260 12/31/2008 AA EQUIPMENT RENTALS CO INC 170.04 AP - 00277260 12/31/2008 AA EQUIPMENT RENTALS CO INC 236.90 AP - 00277260 12/31/2008 AA EQUIPMENT RENTALS CO INC 27.76 AP - 00277261 12/31/2008 ABC LOCKSMITHS 1,041.23 AP - 00277261 12/31/2008 ABC LOCKSMITHS 32.33 AP - 00277261 12/31/2008 ABC LOCKSMITHS 14.01 AP - 00277262 12/31/2008 ABI VIP ATTORNEY SERVICE 70.41 AP - 00277262 12/31/2008 ABI VIP ATTORNEY SERVICE ] 11.73 AP - 00277262 12/31/2008 ABI VIP ATTORNEY SERVICE 642.87 AP - 00277262 12/31/2008 ABI VIP ATTORNEY SERVICE 321.77 AP -00277262 12/31/2008 ABI VIP ATTORNEY SERVICE 674.73 AP - 00277262 12/31/2008 ABI VIP ATTORNEY SERVICE 73.71 AP - 00277263 12/31/2008 AGUILERA, ISAIAH 360.00 AP - 00277264 12/31/2008 ALL CITY MANAGEMENT SERVICES INC. 5,587.82 AP - 00277264 12/31/2008 ALL CITY MANAGEMENT SERVICES INC. 17,74631 AP - 00277264 . 12/31/2008 ALL CITY MANAGEMENT SERVICES INC. 20.55955 AP - 00277265 12/31/2008 ALL WELDING 189.65 AP - 00277266 ]2/31/2008 ALPHAGRAPHICS 292.44 AP - 00277266 12/31/2008 ALPHAGRAPHICS 297.93 AP - 00277267 12/31/2008 AMERICAN ASPHALT SOUTH INC 378,185.42 AP - 00277267 12/31/2008 AMERICAN ASPHALT SOUTH INC -37,818.54 AP - 00277268 12/31/2008 AMERICAN ROTARY BROOM CO. INC. 127.84 AP - 00277269 12/31/2008 AUFBAU CORPORATION 5,000.00 AP - 00277269 12/31/2008 AUFBAU CORPORATION 1,960.00 AP - 00277269 12/31/2008 AUFBAU CORPORATION 5,780.00 AP - 00277269 12/31/2008 AUFBAU CORPORATION 1,500.00 AP - 00277269 ]2/31/2008 AUFBAU CORPORATION 2582.00 AP - 00277269 12/31/2008 AUFBAU CORPORATION 326.00 AP - 00277269 12/31/2008 AUFBAU CORPORATION 6.32].50 AP - 00277269 12/31/2008 AUFBAU CORPORATION 5,97850 AP - 00277270 12/31/2008 AVANTS, MARGE 150.00 AP - 00277271 12/31/2008 B AND K ELECTRIC WFIOLESALE 31.46 AP - 00277272 12/31/2008 BALLOONS OF CALIFORNIA 522.59 AP - 00277273 12/31/2008 BANK OF SACRAMENTO 8,684.05 AP - 00277274 ] 2/31/2008 BARNES AND NOBLE 77.32 AP - 00277275 12/31/2008 BARNES AND NOBLE 330.89 AP - 00277275 12/31/2008 BARNES AND NOBLE 427.75 AP - 00277276 12/31/2008 BASELINE SURVEYING INC 2,985.00 AP - 00277277 12/31/2008 BIG TOP RENTALS 386.75 AP - 00277278 12/31/2008 BISHOP COMPANY 700.00 AP - 00277278 12/31/2008 BISHOP COMPANY 9027 AP - 00277284 12/31/2008 BRODART BOOKS 68.11 AP - 00277284 12/31/2008 BRODART BOOKS S 1.10 AP - 00277284 12/31/2008 BRODART BOOKS 8.51 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 8.51 AP - 00277284 12/31/2008 BRODART BOOKS ]02.19 AP - 00277284 12/31/2008 BRODART BOOKS ~ 40.83 AP - 00277284 12/31/2008 BRODART BOOKS 77.98 AP - 00277284 12/31/2008 BRODART BOOKS 24.20 AP - 00277284 12/31/2008 BIZODART BOOKS 54.54 AP - 00277284 12/31/2008 BRODAR'I' BOOKS 96.75 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 01/14/200 Report:CK_AGENDA_ REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277284 12/31 /2008 BRODART BOOKS 52.32 AP - 00277284 12/31/2008 BRODART BOOKS 26.14 AP - 00277284 12/31/2008 BRODART BOOKS 10.80 AP - 00277254 12/31/2008 BRODART BOOKS 38.73 AP - 00277284 12/31/2008 BRODART BOOKS 487.71 AP - 00277284 12/31/2008 BRODART BOOKS 38.42 AP - 00277284 12/31/2008 BRODART BOOKS 153.04 AP - 00277284 12/31/2008 BRODART BOOKS 14.57 AP - 00277284 12/31/2008 BRODART BOOKS 69.51 AP - 00277284 12/31/2008 BRODART BOOKS 9.65 AP - 00277284 12/31/2008 BRODART BOOKS 27.88 AP - 00277284 12/31/2008 BRODART BOOKS 106.84 AP - 00277284 12/31/2008 BRODART BOOKS 14.54 AP - 00277284 12/31/2008 BRODART BOOKS 28.08 AP - 00277284 12/31/2008 BRODART BOOKS 16.44 AP - 00277284 12/31/2008 BRODART BOOKS 32.43 AP - 00277284 12/31/2008 BRODART BOOKS 19.35 AP - 00277284 12/31 /2008 BRODART BOOKS 23.27 AP - 00277284 12/31/2008 BRODART BOOKS 47.69 AP - 00277284 ] 2/31/2008 BRODART BOOKS 34.70 AP - 00277284 12/31/2008 BRODART BOOKS 52.02 AP - 00277284 12/31/2008 BRODART BOOKS 101.85 AP - 00277284 ] 2/31/2008 BRODART BOOKS 577.29 AP - 00277284 12/31/2008 BRODART BOOKS 183.18 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277254 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 ] 2/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 55.44 AP - 00277284 12/31/2008 BRODART BOOKS 8.51 AP - 00277284 12/31/2008 BRODART BOOKS 187.29 AP - 00277284 12/31/2008 BRODART BOOKS ~ 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 131.24 AP - 00277284 12/31/2008 BRODART BOOKS 103.45 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 !2/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 17.10 AP - 00277284 12/31/2008 BRODART BOOKS 85.15 AP - 00277284 12/31/2008 BRODART BOOKS 12.77 AP - 00277284 12/31/2008 BRODART BOOKS 17.03 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 19.26 AP - 00277284 12/31/2008 BRODART BOOKS 8.52 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 12.77 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 14.94 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 8.51 AP - 00277284 12/31/2008 BRODART BOOKS 8.52 AP - 00277284 !2/31/2008 BRODART BOOKS 6.42 P32 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P33 Asenda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277284 12/31/2008 BRODART BOOKS 19.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 12.84 AP - 00277284 12/31/2008 BRODART BOOKS 12.77 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 303.09 AP - 00277284 12/31/2008 BRODART BOOKS 27.22 AP - 00277284 12/31/2008 BRODART BOOKS 318.55 AP - 00277284 12/31/2008 BRODART BOOKS 60.90 AP - 00277284 12/31/2008 BRODART BOOKS 25.30 AP - 00277284 12/31/2008 BRODART BOOKS 85.25 AP - 00277284 12/31/2008 BRODART BOOKS 170.70 AP - 00277284 12/31/2008 BRODART BOOKS 149.39 AP - 00277284 12/31/2008 BRODART BOOKS 17.41 AP - 00277284 12/31/2008 BRODART BOOKS 183.18 AP - 00277284 12/31/2008 BRODART BOOKS 16.47 AP - 00277284 12/31/2008 BRODART BOOKS 104.38 AP - 00277284 12/31/2008 BRODART BOOKS 33.33 AP - 00277284 12/31/2008 BRODART BOOKS 26.81 AP - 00277284 12/31/2008 BRODART BOOKS 26.43 AP - 00277284 12/31/2008 BRODART BOOKS 12.88 AP - 00277284 12/31/2008 BRODART BOOKS 36.52 AP - 00277284 12/31/2008 BRODART BOOKS 51.26 AP - 00277284 12/31/2008 BRODART BOOKS 18.38 AP - 00277284 12/3]/2008 BRODART BOOKS 12.92 AP - 00277284 12/31/2008 BRODART BOOKS 15.04 AP - 00277284 12/31/2008 BRODART BOOKS 12.88 AP - 00277284 12/31/2008 BRODART BOOKS 14.50 AP - 00277284 12/31/2008 BRODART BOOKS 19.35 AP - 00277284 12/31/2008 BRODART BOOKS 14.50 AP - 00277284 12/31/2008 BRODART BOOKS 21.79 AP - 00277284 12/31/2008 BRODART BOOKS 33.89 AP - 00277284 12/31/2008 BRODART BOOKS 58.19 AP - 00277284 12/31/2008 BRODART BOOKS 19.40 AP - 00277284 12/31/2008 BRODART BOOKS - 35.86 AP - 00277284 12/31/2008 BRODART BOOKS 16.22 AP - 00277284 12/31/2008 BRODART BOOKS 26.09 AP - 00277284 12/31/2008 BRODART BOOKS 8.93 AP - 00277284 12/31/2008 BRODART BOOKS 92.95 AP - 00277284 12/31/2008 BRODART BOOKS 9.51 AP - 00277284 12/31/2008 BRODART BOOKS 25.21 AP - 00277284 12/31/2008 BRODART BOOKS 10.80 AP - 00277284 12/31/2008 BRODART BOOKS 17.91 AP - 00277284 12/31/2008 BRODART BOOKS 34.30 AP - 00277284 12/31/2008 BRODART BOOKS 15.04 AP - 00277284 ] 2/31 /2008 BRODART BOOKS 15.04 AP - 00277284 12/31/2008 BRODART BOOKS 14.50 AP - 00277284 12/31/2008 BRODART BOOKS 17.46 AP - 00277284 ] 2/31/2008 BRODART BOOKS 15.10 AP - 00277284 12/31/2008 BRODART BOOKS 13.98 AP - 00277284 12/31/2008 BRODART BOOKS 46.98 AP - 00277284 12/31 /2008 BRODART BOOKS 25.2 ] AP - 00277284 12/31/2008 BRODART BOOKS 32.43 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Ase-tda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277284 12/31/2008 BRODART BOOKS 708.82 AP - 00277284 12/31 /2008 BRODART BOOKS 36.46 AP - 00277284 ] 2/31/2008 BRODART BOOKS 681.53 AP - 00277284 12/31/2008 BRODART BOOKS 212.73 AP - 00277284 12/31/2008 BRODART BOOKS 2,226.46 AP - 00277284 12/31/2008 BRODART BOOKS 1,606.1 S AP - 00277284 12/31/2008 BRODART BOOKS 239.89 AP - 00277284 12/31/2008 BRODART BOOKS 12.88 AP - 00277284 12/31/2008 BRODART BOOKS 11.66 AP - 00277284 12/31/2008 BRODART BOOKS 37.95 AP - 00277284 12/31/2008 BRODART BOOKS 8.52 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 12.84 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 10.68 AP - 00277284 12/31/2008 BRODART BOOKS 8.52 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 76.63 .4P - 00277284 12/31/2008 BROD.ART BOOKS 97.89 AP - 00277284 12/31/2008 BRODART BOOKS 8.51 AP - 00277284 ] 2/31/2008 BRODART BOOKS - 19.20 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 4.26 AP - 00277284 12/31/2008 BRODART BOOKS 10.68 AP - 00277284 12/31/2008 BRODAR-C BOOKS 34.07 AP - 00277284 12/31/2008 BRODART BOOKS 25.62 AP - 00277284 12/31/2008 BRODART BOOKS 25.62 AP - 00277284 12/31/2008 BRODART BOOKS 68.11 AP - 00277284 12/31/2008 BRODART BOOKS 8.52 AP - 00277284 12/31/2008 BRODART BOOKS ~ 8.52 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 6.42 AP - 00277284 12/31/2008 BRODART BOOKS 21.46 AP - 00277284 12/31/2008 BRODART BOOKS 84.84 AP - 00277284 12/31/2008 BRODART BOOKS 111.48 AP - 00277284 12/31/2008 BRODART BOOKS 21.32 AP - 00277284 12/31/2008 BRODART BOOKS 30.89 AP - 00277284 12/31/2008 BRODART BOOKS 17.43 AP - 00277284 12/31/2008 BRODART BOOKS 12.88 AP - 00277284 t 2/31/2008 BRODART BOOKS 183.54 AP - 00277284 12/31/2008 BRODART BOOKS 11.66 AP - 00277284 12h1/2008 BRODART BOOKS 17.47 AP - 00277284 12/31/2008 BRODART BOOKS 8.26 AP - 00277284 12/31/2008 BRODART BOOKS 19.35 AP - 00277284 12/31/2008 BRODART BOOKS 82.11 AP - 00277284 12/31/2008 BRODART BOOKS 15.68 AP - 00277284 12/31/2008 BRODART BOOKS 33.90 AP - 00277284 12/31/2008 BRODAR-C BOOKS 39.66 P34 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 01/14/200 Repor[:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P35 Aeenda Check ReEister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277284 12/31/2008 BRODART BOOKS 14.54 AP - 00277284 12/31/2008 BRODART BOOKS 36.90 AP - 00277284 12/31/2008 BRODART BOOKS 14.50 AP - 00277284 12/31 /2008 BRODART BOOKS 19.35 AP-00277284 12/3]/2008 BRODARTBOOKS ]4.50 AP - 00277284 12/31/2008 BRODART BOOKS 2782 AP - 00277284 12/31/2008 BRODART BOOKS 15.04 AP - 00277284 ]2/31/2008 BRODART BOOKS 32.14 AP - 00277284 12/31/2008 BRODART BOOKS 49.67 AP - 00277284 12/31/2008 BRODART BOOKS 21.29 AP - 00277284 12/3 t /2008 BRODART BOOKS ] 19.27 AP - 00277285 12/31/2008 BRODART BOOKS 10.68 AP - 00277286 12/31/2008 CAL PERS LONG TERM CARE 514.92 AP - 00277287 12/31/2008 CAL-STATE RENT A FENCE INC 66.75 AP - 00277288 12/31/2008 CALIFORNIA PUBLIC EMPLOYEES 107,795.87 AP - 00277288 12/31/2008 CALIFORNIA PUBLIC EMPLOYEES 657.55 AP - 00277289 12/31/2008 CENTRAL CITIES SIGNS INC 619.56 AP - 00277290 12/31/2008 CISNEROS, JOSE & ]ENNY 3;238.00 AP - 00277290 12/31/2008 CISNEROS, JOSE & JENNY 223.00 AP - 00277291 12/31/2008 CLABBY, SANDRA 1,000.00 AP - 00277292 12/31/2008 CLARK, KAREN 54.00 AP - 00277292 12/31/2008 CLARK, KAREN 378.00 AP - 00277293 12/31/2008 CLARKE PLUMBING SPECIALTIES INC. 89.91 AP - 00277294 12/31/2008 COD! 75.00 AP-00277295 12/3]/2008 COLLETTEVACATIONS 7,095.30 AP - 00277296 12/31/2008 COMMERCIAL TRANSPORATION SERVICES 2,900.00 AP - 00277296 12/31/2008 COMMERCIAL TRANSPORATION SERVICES 1,354.00 AP - 00277297 12/31/2008 CONCEPT POWDER COATING 150.00 AP - 00277298 12/31/2008 CONSOLIDATED ELECTRICAL DISTRIBUTORS I 105.06 AP - 00277299 l 2/3 ] /2008 COPIES & INK PRINTING INC. 91.12 AP - 00277299 12/31/2008 COPIES & INK PRINTING INC. 352.97 AP - 00277301 12/31/2008 CS LEGACY CONSTRUCTION INC. 86,840.52 AP - 00277301 12/31/2008 CS LEGACY CONSTRUCTION INC. -8,684.05 AP - 00277302 12/31/2008 D.A.L. SAFETY CONSULTANTS 1,055.00 AP - 00277303 12/31/2008 DAN GUERRA AND ASSOCIATES 3,210.00 AP - 00277303 12/31/2008 'DAN GUERRA AND ASSOCIATES 7,110.00 AP - 00277303 12/31/2008 DAN GUERRA AND ASSOCIATES 4;543.24 AP - 00277304 12/31/2008 DAMS, KATHERINE 268.80 AP - 00277305 12!31/2008 DEMCO INC 630.53 AP - 00277305 12/31/2008 DEMCO INC -25.86 AP - 00277306 12/31/2008 DEMMERS, LINDA 1,250.00 AP - 00277307 12/31/2008 DENTAL HEALTH SERVICES 133.20 AP - 00277308 12/31/2008 DEPARTMENT OF JUSTICE 224.00 AP - 00277308 12/31/2008 DEPARTMENT OF JUSTICE 1,327.00 AP - 00277309 12/31 /2008 DISPENSING TECHNOLOGY CORPORATION 369.57 AP - 00277310 12/31/2008 DUNK EDWARDS CORPORATION 219.27 AP - 00277311 12/3 ] /2008 DUNK, ANNE MARIE 54.00 AP - 0027731 I ! 2/31 /2008 DUNN, ANNE MARIE 38.40 AP - 00277311 12/31/2008 DUNK, ANNE MARIE 57.60 AP - 00277311 12/31/2008 DUNK, ANNE MARIE 38.40 AP - 00277312 12/31/2008 ELLISON-SCHNEIDER & HARRIS L.L.P. 6,249.00 AP - 00277313 12/31/2008 ENNABI, JULIETTE 118.63 AP - 00277314 12/31/2008 ESGIL CORPORATION 13,504.54 AP - 00277314 ] 2/3 I /2008 ESGIL CORPORA"LION 165.00 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 01/1' Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277315 12/31/2008 EWING IRRIGATION PRODUCTS 84.84 AP - 00277315 12/31/2008 EWING IRRIGATION PRODUCTS 276.64 AP - 00277315 12/31/2008 EWING IRRIGATION PRODUCTS 628.72 AP - 00277315 ]2/31/2008 EWING IRRIGATION PRODUCTS 107.59 AP - 002773]5 12/31/2008 EWING IRRIGATION PRODUCTS 44.17 AP - 00277316 12/31/2008 EXPERIAN 52.24 AP - 00277317 12/31/2008 FEDERAL EXPRESS CORD 23.90 AP - 00277318 12/31/2008 FELICIANO, ANTHONY 200.00 AP - 00277320 12/31/2008 GALE GROUP,THE 13.75 AP - 00277320 12/31/2008 GALE GROUP,THE 25.85 AP - 00277320 12/31/2008 GALE GROUP,THE 44.75 AP - 00277320 12/31/2008 GALE GROUP,THE 257.45 AP - 00277320 12/31/2008 GALE GROUP,THE 12.03 AP - 00277320 12/31/2008 GALE GROUP,THE .74.87 AP - 00277320 12/31/2008 GALE GROUP,THE 63.54 AP - 00277320 12/31/2008 GALE GROUP,THE 17.19 AP - 00277321 12/31/2008 GARCIA, VIVIAN 53.62 AP - 00277322 12/31/2008 GEOGRAPHICS 629.53 AP - 00277322 12/31/2008 GEOGRAPHICS 3,407.61 AP - 00277322 12/31/2008 GEOGRAPHICS 1,549.71 AP - 00277323 12/31/2008 GOLF VENTURES WEST 28.89 AP - 00277323 ]2/31/2008 GOLF VENTURES WEST -28.89 AP - 00277323 12/31/2008 GOLF VENTURES WEST 33.60 AP - 00277323 12/31/2008 GOLF VENTURES WEST 23.74 AP - 00277324 12/31/2008 GONSALVES AND SON,JOE A 3,000.00 AP - 00277324 12/31/2008 GONSALVES AND SON,JOE A 3,000.00 AP - 00277325 12/31/2008 GRAINGER 17.36 AP - 00277325 12/31/2008 GRAINGER 52.95 AP - 00277326 12/31/2008 GRANT III, VINCENT 306.00 AP - 00277327 12/31/2008 GRAPHICS FACTORY PRINTING INC. 485.14 AP - 00277327 12/31/2008 GRAPHICS FACTORY PRhVTIIVG INC. 387.90 AP - 00277327 12/31/2008 GRAPHICS FACTORY PRINTING INC. 455.58 AP - 00277328 12/31/2008 GREEN ROCK POWER EQUIPMENT 68.05 AP - 00277328 12/31/2008 GREEN ROCK POWER EQUIPMENT 275.69 AP - 00277329 12/31/2008 HAMILTON, MONIQUE 175.00 AP - 00277330 12/31/2008 HARDY & HARPER INC 723,000.00 AP - 00277330 12/31/2008 HARDY & HARPER INC -72,300.00 AP - 00277330 12/31/2008 HARDY & HARPER INC -6,378.40 AP - 00277330 12/31/2008 HARDY & HARPER INC 63,784.00 AP - 00277331 12/31/2008 HAY, SHARYN 75.00 AP - 00277333 12/31/2008 HOGLE-IRELAND 19;238.03 AP - 00277334 12/31/2008 HOME DEPOT CREDIT SERVICES 266.08 AP - 00277334 12/31/2008 HOME DEPOT CREDIT SERVICES 599.63 AP - 00277334 12/31/2008 HOME DEPOT CREDIT SERVICES -262.48 AP - 00277335 12/31/2008 HYDROSCAPE PRODUCTS INC 63.07 AP - 00277335 12/31/2008 IIYDROSCAPE PRODUCTS INC 76.33 AP - 00277335 12/31/2008 HYDROSCAPE PRODUCTS INC 3,510.07 AP - 00277336 12/31/2008 IGNITE DESIGN AND ADVERTISING 750.00 AP - 00277336 12/31/2008 IGNITE DESIGN AND ADVERTISING 1,760.00 AP - 00277337 12/31!2008 IMPERIAL SPRINKLER SUPPLY INC 628.38 AP - 00277337 ] 2/31/2008 IMPERIAL SPRINKLER SUPPLY INC 17.99 AP - 00277338 12/31/2008 INLAND EMPIRE TOURS AND TRANSPORTATIC 841.00 AP - 00277338 12/31/2008 INLAND EMPIRE TOURS AND TRANSPORTATIC 817.00 AP - 00277340 12!31/2008 INLAND VALLEY DAILY BULLETIN 158.75 P36 User: VLOPEZ -Veronica Lopez Page: 6 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P37 Agenda Check Register !2/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 246.25 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 347.50 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 480.00 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BliLLETIN 693.75 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 2,181.25 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 372.50 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 270.00 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLET) 480.00 AP - 00277340 12/31/2008 INLAND VALLEY DAILY BULLETIN 145.00 AP - 00277341 12/31/2008 INTERWEST CONSULTING GROUP INC 6,412.50 AP - 00277342 12/31/2008 J D C INC ~ 56,907.97 AP - 00277343 12/31/2008 JOBS AVAILABLE INC 204.75 AP - 00277344 12/31/2008 JOHNSON LIFT HYSTER 267.85 AP - 00277345 12/31/2008 JOHNSON, VICTORIA 12.00 AP - 00277346 ]2/31/2008 KAISER FOUNDATION HEALTH PLAN INC 118,972.04 AP - 00277346 12/31/2008 KAISER FOUNDATION HEALTH PLAN INC 328.68 AP - 00277346 12/31/2008 KAISER FOUNDATION HEALTH PLAN INC 1,972.08 AP - 00277348 12/31/2008 L S A ASSOCIATES INC 5,341.25 AP - 00277349 12/31/2008 LAMOUREUX, JULIE 75.00 AP - 00277350 12/31/2008 LANCE, BRETT 700.00 AP - 00277351 12/31/2008 LAND FORMS LANDSCAPE CONSTRUCTION 1N~ 4,115.00 AP - 00277351 ] 2/31/2008 LAND FORMS LANDSCAPE CONSTRUC"PION INi -411.50 AP - 00277353 12/31/2008 LIEBERT CASSIDY WHITMORE 1,364.55 AP - 00277353 12/31/2008 LIEBERT CASSIDY WHITMORE 81 SO AP - 00277354 12/31/2008 LITTLE RED CHOO CHOO, THE 550.00 AP - 00277355 12/31/2008 LOS ANGELES TIMES 69.60 AP - 00277355 12/31/2008 LOS ANGELES TIMES 46.40 AP - 00277356 12/31/2008 MARQUETTE COMMERCIAL FINANCE 2,566.07 AP - 00277357 12/31/2008 MATHIS CONSULTING GROUP 375.00 AP - 00277358 12/31/2008 MATTHEW BENDER AND CO. INC. 313.13 AP - 00277360 12/31/2008 METROPOLITAN TRANSPORTATION AUTHORI'. 4.000.00 AP - 00277361 12/31/2008 MICHAEL ASNER CONSULTING 2,500.00 AP - 00277362 12/31/2008 MIDWEST TAPE 47.99 AP-00277362 12/31/2008 MIDWEST TAPE 20.99 AP-00277362 12/31/2008 MIDWEST TAPE 11.99 AP - 00277363 12/31/2008 NAPA AUTO PARTS 18.30 AP - 00277364 12/31/2008 NEC UNIFIED SOLUTIONS INC 35,150.41 AP - 00277364 12/31/2008 NEC UNIFIED SOLUTIONS INC 8,611.95 AP - 00277365 12/31/2008 OFFICE DEPOT 26.81 AP - 00277365 12/31/2008 OFFICE DEPOT 18.23 AP - 00277365 12/31/2008 OFFICE DEPOT 18.23 AP - 00277365 12/31/2008 OFFICE DEPOT 5.58 AP - 00277365 12/31/2008 OFFICE DEPOT -18.31 AP - 00277365 12/31/2008 OFFICE DEPOT 18.31 AP - 00277365 12/31/2008 OFFICE DEPOT 5.65 AP - 00277365 12/31/2008 OFFICE DEPOT 28.00 AP - 00277365 12/31/2008 OFFICE DEPOT 21.51 AP - 00277365 12/31/2008 OFFICE DEPOT 42.44 AP - 00277365 12/31/2008 OFFICE DEPOT 24.25 AP - 00277365 12/31/2008 OFFICE DEPOT 19.98 AP-00277365 12/31/2008 OFFICE DEPOT ]4.35 AP - 00277365 12/31/2008 OFFICE DEPOT 463.li AP - 00277365 12/31/2008 OFFICE DEPOT 70.41 AP - 00277365 12/3]/2008 OFFICE DEPOT 132.49 User: VLOPEZ -Veronica Lopez Page: 7 Current Dale: 01/14/200 Report:CK_AGENDA_ REG_PORTRA[T _RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P38 Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277365 12/31/2008 OFFICE DEPOT 139.83 AP - 00277365 12/31/2008 OFFICE DEPOT 127.20 AP - 00277365 12/31/2008 OFFICE DEPOT 110.09 AP - 00277365 12!31/2008 OFFICE DEPOT 141.09 AP - 00277365 12/31/2008 OFFICE DEPOT 482.90 AP - 00277365 12/31/2008 OFFICE DEPOT 15.51 AP - 00277365 12/31/2008 OFFICE DEPOT 222.18 AP - 00277365 12/31/2008 OFFICE DEPOT SS.60 AP - 00277365 12/31/2008 OFFICE DEPOT 10.63 AP - 00277365 12/31/2008 OFFICE DEPOT -9.47 AP-00277366 12/31/2008 ONTARIO WINt~~ELSONC0 108.88 AP - 00277367 12/31/2008 ORKIN PEST CONTROL 1,389.26 AP - 00277367 12/31/2008 ORKIN PEST CONTROL 1,135.66 AP - 00277367 12/3]/2008 ORKIN PEST CONTROL 1,211.16 AP - 00277368 12/3]/2008 OTSUKA, DENNIS 100.00 AP - 00277369 12/31/2008 OTT, LAURA 240.00 AP - 00277369 12/31/2008 OTT, LAURA 444.00 AP - 00277369 12/31/2008 OTT, LAURA 120.25 AP - 00277370 12/31/2008 OTT, SHARON 180.00 AP - 00277370 12/31/2008 OTT, SHARON 132.00 AP - 00277371 12/31/2008 PATCHETT & ASSOCIATES 4,176.70 AP - 00277371 12/31/2008 PATCHETT & ASSOCIATES 925.00 AP - 00277372 12/31/2008 PATTON SALES CORP 89.98 AP - 00277373 12/31/2008 PB AMERICAS INC 918.75 AP - 00277373 12/31/2008 PB AMERICAS INC 9,481.50 AP - 00277373 12/31/2008 PB AMERICAS INC 808.50 AP - 00277373 12/31/2008 PB AMERICAS INC 3,381.00 AP - 00277373 12/31/2008 PB AMERICAS INC 8,489.25 AP - 00277374 12/31/2008 PENINSULA LIBRARY SYSTEM 75.00 AP - 00277375 12/31/2008 PHOENIX GROUP INFORMATION SYSTEMS 712.06 AP - 00277376 ] 2/31/2008 PILONIETA, MANUEL 71.87 AP - 00277377 12/31/2008 PIRANHA POOL & SPA CONSTRUCTORS INC 200.00 AP - 00277377 12/31/2008 PIRANHA POOL & SPA CONSTRUCTORS INC 200.00 AP - 00277378 12/31/2008 PITASSI ARCHITECTS INC 11.772.20 AP - 00277379 12/31/2008 POUK AND STEINLE INC. 500.00 AP - 00277380 12/31/2008 PRINCIPAL LIFE 2,170.05 AP - 00277381 12/31/2008 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00277381 12/31/2008 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00277381 12/31/2008 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00277381 12/31/2008 RANCHO CUCAMONGA CHAMBER OF COMME] 30.00 AP - 00277381 12/31/2008 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00277381 12/31/2008 RANCHO CUCAMONGA CHAMBER OF COMMEI 30.00 AP - 00277382 12/3 02008 REDFLEX TRAFFIC SYSTEMS INC 17,910.00 AP - 00277383 12/31/2008 RELIABLE SNOW SERVICE 3,106.26 AP - 00277385 12/31/2008 RJM DESIGN GROUP INC 126,476.04 AP - 00277385 !2/31/2008 RJM DESIGN GROUP INC 8,050.00 AP - 00277386 12/31/2008 S AND K ENGINEERS INC 1,300.00 AP - 00277387 12/31/2008 SAFEWAY SIGN COMPANY 325.94 AP - 00277388 12/31/2008 SAN ANTONIO COMMUNITY HOSPITAL 133.80 AP - 00277389 12/31/2008 SAN BERNARDINO COUNTY AUDITOR CONTR( 402.00 AP - 00277389 12/31/2008 SAN BERNARDINO COUNTY AUDITOR CONTR( 402.00 AP - 00277389 12/31/2008 SAN BERNARDINO COUNTY AUDITOR CONTR( 536.00 AP - 00277390 12/3 t/2008 SC FUELS 6,26455 AP - 00277390 12/31/2008 SC FUELS 4,53639 User: VLOPEZ -Veronica Lopez Page: 8 Current Date: 01/14/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 1627:4 CITY OF RANCHO CUCAMONGA Agenda Check Resister 12/30/2008 through 1/13/2009 Check No. Chcck Date Vendor Name Amount AP - 00277391 12/31/2008 SENECHAL, CALVIN 84.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 28.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 69.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 23.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 111.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 37.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 87.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 29.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 15.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 5.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 64:80 AP - 00277391 12/31/2008 SENECHAL, CALVIN 9.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 75.00 AP - 00277391 12/31/2008 SENECHAL, CALVIN 5.00 AP - 00277393 12/31/2008 SILVER, EDNA 520.00 AP - 00277393 12/31/2008 SILVER, EDNA 440.00 AP - 00277394 12/31/2008 SIMPLOT PARTNERS 967.60 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 192.93 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 2,903.80 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 2,393.98 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 1,025.90 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 4,177.41 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 4,387.08 AP - 0027T 95 12/31/2008 SO CALIF GAS COMPANY 369.51 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 270.76 AP - 00277395 12/31/2008 SO CALIF GAS COMPANY 572.73 AP - 00277396 12/31/2008 SOUTH BAY FOUNDRY INC 487.13 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 20.70 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 78.25 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 26.78 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 84.54 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 90.55 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 126.34 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.87 AP - 00277403 ] 2/31/2008 SOUTHERN CALIFORNIA EDISON 34.48 AP - 00277403 ~ 12/31/2008 SOUTHERN' CALIFORNIA EDISON 34.48 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 104.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON ~ 103.36 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON -18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 54.24 AP - 00277403 12/31/2008 SOUTHERN' CALIFORNIA EDISON 77.81 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 32.07 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 63.83 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 124.42 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 2,121.98 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 62.29 P39 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P40 Agenda Check Register 12/30/2008 tluough 1/13/2009 Check No. Check Date Vendor Name ~ Amount AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERNN CALIFORNIA EDISON 48.28 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 ] 2/31/2003 SOUTHERN CALIFORNIA EDISON 35.86 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 60.60 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 57.56 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON ]45.34 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA' EDISON 19.00 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 ] 2/31/2008 SOUTHERN' CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.97 AP - 00277403 ] 2/31/2008 SOUTHERN CALIFORNIA EDISON 19.35 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN' CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 34.15 AP - 00277403 12/3 02008 SOUTHERN CALIFORNIA EDISON 273.40 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 258.18 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 214.77 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 30.94 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 73.36 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON' 63.35 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 14.30 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 33.73 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 33.73 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 94.29 AP - 00277403 12/31/2008 SOUTHERN' CALIFORNIA EDISON 47.31 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 91.96 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 39.13 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 485.21 AP - 00277403 12/31/2008 SOUTHERN' CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 12.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 39.59 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 283.98 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 338.74 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 45.66 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 202.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON ~ 20.13 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 54.25 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 85.32 AP - 00277403 ] 2/31/2008 SOUTHERN CALIFORNIA EDISON 29.90 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 ] 2/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/3 ]/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 ]2/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/3 ]/2008 SOUTHERN CALIFORNIA EDISON 27.74 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 21.91 User: VLOPEZ -Veronica Lopez Page: ]0 Current Date: 01/14/200 Report:CK_AGEN'DA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Tinte: 16:27:4 CITY OF RANCHO CUCAMONGA P41 Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON G1.03 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 49.28 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 133.86 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.78 AP - 00277403 ]2/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 ~ 12/3 ]/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.81 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.82 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 335.06 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.82 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31 /2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNTA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 85.45 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12!31 /2008 SOUTHERN CALIFORNIA EDISON 18.67 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 171.39 AP - 00277403 12/3 I /2008 SOUTHERN CALIFORNIA EDISON ] 6.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 71.74 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403. 12/31/2008 SOUTHERN CALIFORNIA EDISON 35.03 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.96 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 28.59 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31 /2008 SOUTHERN CALIFORNIA EDISON ] 8.93 AP - 00277403 12/31/2008 SOU'T'HERN CALIFORNIA EDISON 126.77 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 77.15 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.78 AP - 00277403 ] 2/31/2008 SOUTHERN CALIFORNIA EDISON 17.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOU"CHERN CALIFORNIA EDISON 101.48 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON ] ]0.64 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 50.58 AP - 00277403 12/31/2008 SOUTIERN CALIFORNIA EDISON 1,235.71 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 122.66 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 24.20 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 24.20 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 150.51 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 User: VLOPEZ -Veronica Lopez Page: I1 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 274.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 49.70 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 93.56 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 9.27 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHEIN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 54.42 AP - 00277403 12/3]/2008 SOUTHERN CALIFORNIA EDISON ]8.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.51 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.10 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 131.54 AP - 00277403 12/3 ]/2008 SOUTHERN CALIFORNIA EDISON 32.22 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 103.55 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERN CALIFOIL'VIA EDISON 18.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDiSON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.11 AP - 00277403 12/3 ]/2008 SOUTHERN CALIFORNIA EDISON 95.09 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.38 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON ~ 18.11 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.25 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 34.60 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.41 AP - 00277403 ] 2/31/2008 SOUTHERN CALIFORNIA EDISON 49.21 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.54 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.10 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 57.78 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 84.78. AP - 00277403 12!31/2008 SOUTHERN CALIFORNIA EDISON 112.29 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 127.78 AP - 00277403 12/31/2008 SOUTIERN CALIFORNIA EDISON 69.15 AP - 00277403 12/31/2008 SOUTHEIL'V CALIFORNIA EDISON 80.69 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 638.19 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 92.55 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 112.78 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 74.25 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 22.]9 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.9 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.00 P42 User: VLOPEZ -Veronica Lopez Page: 12 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P43 A;;enda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 28.75 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 23.18 AP - 00277403 ]2/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.68 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 27.26 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 63.07 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 31.18 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 137.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.67 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 125.60 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 66.58 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 109.10 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.67 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 108.31 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 20.13 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 24.24 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 24.93 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.38 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.78 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 28.86 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 39.83 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.82 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 23.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.39 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 61.94 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.65 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.10 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.10 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.52 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.80 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 17.23 AP - 00277403 12/31/2008 SOUTHERN CALIFORNIA EDISON 19.10 AP - 00277404 12/31/2008 SPARKLETTS 63.00 AP - 00277405 12/31/2008 SPECIALIZED BUILDER'S HARDWARE INC 2,553.68 AP - 00277407 12/31/2008 SUNSHINE GROWERS NURSERY INC 279.01 AP - 00277408 12/31/2008 SYMQUEST SERVICES 500.00 AP-00277409 12/31/2008 TBHINC 37,188.05 User: VLOPEZ -Veronica Lopez Page: 13 Current Dater 01/14/200 Report:CK_AGENDA_ REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277409 12/31/2008 TBH INC -3,715.81 AP - 00277410 12/31/2008 TRAFFIC OPERATIONS INC 871.08 AP - 00277411 12/31/2008 TUCKER, MARYANN 15.07 AP - 00277412 12/31/2008 TUCKERMAN, BARBARA 12.00 AP - 00277413 12/31/2008 TUNGGALDJAJA, 1NGE 445.48 AP - 00277414 12/31/2008 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00277414 12/31/2008 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00277415 12/31/2008 UAP DISTRIBUTION INC 934.84 AP - 00277416 12/31/2008 UNGASHICK, JULIE 409.00 AP -00277418 12/31/2008 UNITED WAY 16.00 AP - 00277419 12/31/2008 UPSTART 7.00 AP - 00277419 12/31/2008 UPSTART 7.00 AP - 00277420 12/31/2008 UTI 235.45 AP - 00277421 12/3 ]/2008 VEND U COMPANY 79.20 AP - 00277422 12/31/2008 VISION SERVICE PLAN CA 10,39].04 AP - 00277423 12/31/2008 WALKER. ANDREW 100.00 AP - 00277424 12/31/2008 WALNUT HIGH SCHOOL 669.00 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 136.56 AP = 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 37.52 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 2,623.72 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 212.16 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 141.25 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 1,426.57 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 646.50 AP - 00277425 12/31/2008 WALTERS WHOLESALE ELECTRIC CO 205.33 AP - 00277426 12/31/2008 WAXIE SANITARY SUPPLY -57.29 AP - 00277426 12/3]/2008 WAXIE SANITARY SUPPLY 32.73 AP - 00277426 12/31/2008 WAXIE SANITARY SUPPLY 2,878.14 AP - 00277426 12/31/2008 WAXIE SANITARY SUPPLY 1;405.17 AP - 00277427 12/31/2008 WEIR. JEWELL 540.00 AP - 00277428 12/31/2008 WELDON, JIMMY 600.00 AP - 00277430 12/31/2008 WEST END MATERIAL SUPPLY 213.64 AP - 00277431 12/31/2008 WILLDAN ASSOCIATES 840.00 AP - 00277432 12/31/2008 YORK INDUSTRIES 905.10 AP - 00277433 12/31/2008 ZIRGES, ARLENE 252.00 AP - 00277433 12/31/2008 ZIRGES, ARLENE t 65.00 AP - 00277433 12/31/2008 ZIRGES, ARLENE 150.00 AP - 00277434 12/31/2008 ZONES CORPORATE SOLUTIONS 3,722.56 AP - 00277435 12/31/2008 CCMF THE CALIFORNIA CITY MANAGEMENT F 50.00 AP - 00277436 1/7/2009 A&V SOFTBALL 1,104.00 AP - 00277437 1/7/2009 ABC LOCKSMITHS 234.36 AP - 00277437 1/7/2009 ABC LOCKSMITHS 7.54 AP - 00277438 1/7/2009 ABM JANITORIAL SW 51,659:69 AP - 00277439 ]/7/2009 AGILINE INC 6,000.00 AP - 00277439 ]/7/2009 AGILINE INC 400.00 AP - 00277439 1/7/2009 AGILINE INC 400.00 AP - 00277440 1/7/2009 AGUILERA, ISAIAH 360.00 AP - 00277442 1/7/2009 ALLIANT INSURANCE SERVICES INC. 7,308.26 AP - 00277443 1/7/2009 ALPHAGRAPHICS 624.59 AP - 00277443 1/7/2009 ALPHAGRAPHICS 183.71 AP - 00277443 1/7/2009 ALPHAGRAPHICS 391.13 AP - 00277444 1/7/2009 AMERICAN RAMP SYSTEMS 6,435.75 AP - 00277445 1/7/2009 AMERICAN ROTARY BROOM CO. INC. 379.17 AP - 00277446 1/7/2009 ANGELES, GABRIELA 425.45 P44 User: VLOPEZ-Veronica Lopez Page: 14 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ]6:27:4 CITY OF RANCHO CUCAMONGA P45 Agenda Check Rel=_ister 12/30/2008 through 1/13/2009 Check No. ~ Check Dale Vendor Name Amount AP - 00277448 1/7/2009 AUSSEF, SEPIDEH TEHRANI 38.00 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 300.84 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 129.90 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 214.66 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 41.12 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 174.16 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 241.14 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 77.16 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 389.92 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE ~ 76.71 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 48.57 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 92.79 AP - 00277449 1/7/2009 BAND K ELECTRIC WHOLESALE 184.73 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 215.58 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 164.49 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 201.56 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 418.97 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 101.29 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 270.02 AP - 00277449 1/7/2009 B AND K ELECTRIC WHOLESALE 581.31 .AP - 0027745 ] 1/7/2009 B1ANE FAMILY PROPERTIES 82.00 AP - 00277452 1/7/2009 BISHOP COMPANY 136.06 AP - 00277452 1/7/2009 BISHOP COMPANY 338.17 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1!7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -12.77 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 002774>8 1/7/2009 BRODART BOOKS -8.51 AP - 00277458 1/7/2009 BRODART BOOKS -12.84 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -23.46 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -12.84 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS 23.46 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 40.64 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -64.08 AP - 00277458 ]/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -59.59 AP - 00277458 1/7/2009 BRODART BOOKS -42.72 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 ]/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -23.46 AP - 00277458 1/7/2009 BRODART BOOKS 12.84 AP - 00277458 ]/7/2009 BRODART BOOKS 852 AP - 00277458 1/7/2009 BRODART BOOKS -40.64 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -12.77 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 User: VLOPEZ -Veronica Lopez Page: 15 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277458 ]/7/2009 BRODART BOOKS -268.29 AP - 00277458 1/7/2009 BRODART BOOKS -12.77 AP - 00277458 1/7/2009 BRODART BOOKS -10.68 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -14.94 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -12.84 AP - 00277458 1/7/2009 BRODART BOOKS -23.46 AP - 00277458 1/7/2009 BRODART BOOKS -29.94 AP - 00277458 1/7/2009 BRODART BOOKS -12.78 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -8.51 AP - 00277458 1/7/2009 BRODART BOOKS -97.89 AP- 00277458. 1/7/2009 BRODART BOOKS -76.63 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS 34.14 AP - 00277458 1/7/2009 BRODART BOOKS 100.20 AP - 00277458 1/7/2009 BRODART BOOKS 14.94 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 12.84 AP - 00277458 1/7/2009 BRODART BOOKS 23.46 AP - 00277458 1/7/2009 BRODART BOOKS 29.94 AP - 00277458 1/7/2009 BRODART BOOKS 12.78 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 .4P - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 12.78 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS .17.02 AP - 00277458 1/7/2009 BRODART BOOKS 384.32 AP - 00277458 1/7/2009 BRODART BOOKS 17.02 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 268.29 AP - 00277458 1/7/2009 BRODART BOOKS 12.77 AP - 00277458 1/7/2009 BRODART BOOKS 10.68 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 852 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 8.52 AP - 00277458 1/7/2009 BRODART BOOKS 38.75 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 P46 User: VLOPEZ -Veronica Lopez Page: ]6 Current Date: 01/]4/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P47 Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 34.04 AP - 00277458 1/7/2009 BRODART BOOKS 8.51 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 17.04 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 31.98 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 !/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 59.59 AP - 00277458 1/7/2009 BRODART BOOKS 42.72 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 64.08 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 . 1 /7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART ROOKS 23.46. AP - 00277458 1/7/2009 BRODART BOOKS -34.14 AP - 00277458 1/7/2009 BRODART BOOKS -100.20 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -12.78 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -17.02 AP - 00277458 1/7/2009 BRODART BOOKS -384.32 AP - 00277458 1/7/2009 BRODART BOOKS -17.02 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 ]/7/2009 BRODART BOOKS -38.75 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 ]/7/2009 BRODART BOOKS -34.04 AP - 00277458 1/7/2009 BRODART BOOKS -8.51 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 ]/7/2009 BRODART BOOKS ~ -4.26 AP - 00277458 (/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS 12.84 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 8.52 AP - 00277458 1/7/2009 BRODART BOOKS 12.77 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 8.52 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 12.77 AP - 00277458 1/7/2009 BRODART BOOKS 12.84 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1 /7/2009 BRODART BOOKS 19.26 AP - 00277458 1 /7/2009 BRODART BOOKS 6.42 User: VLOPEZ -Veronica Lopez Page: 17 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P48 Agenda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277458 1/7/2009 BRODART BOOKS 8.52 AP - 00277458 1/7/2009 BRODART BOOKS 8.51 AP - 00277458 1/7/2009 BRODART BOOKS -17.04 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -31.98 AP - 00277458 1/7/2009 BRODART BOOKS -6.42 AP - 00277458 1/7/2009 BRODART BOOKS 8.52 AP - 00277458 1/7/2009 BRODART BOOKS 10.68 AP - 00277458 1/7/2009 BRODART BOOKS 4.26. AP - 00277458 ]/7/2009 BRODART BOOKS 8.51 AP - 00277458 1/7/2009 BRODART BOOKS 97.89 AP - 00277458 1/7/2009 BRODART BOOKS 76.63 AP - 00277458 1/7/2009 BRODART BOOKS 4.26 AP - 00277458 1/7/2009 BRODART BOOKS 6.42 AP - 00277458 1/7/2009 BRODART BOOKS -8.52 AP - 00277458 1/7/2009 BRODART BOOKS -10.68 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277458 1/7/2009 BRODART BOOKS -]2.84 AP - 00277458 1/7/2009 BRODART BOOKS -6.42, AP - 00277458 1/7/2009, .BRODART BOOKS -19.26 AP - 00277458 1/7/2009 BRODART BOOKS -4.26 AP - 00277459 1/7/2009 CALIFORNIA FRANCHISE TAX BOARD 50.00 AP - 00277461 1/7/2009 CARTER, RENIE 500.00 AP - 00277462 1/7/2009 CASCADE CUSTOM POOLS INC 500.00 AP - 00277463 1/7/2009 CENTER OF HOPE CHURCH 500.00 AP - 00277464 1/7/2009 CENTRAL CITIES SIGNS INC 19.40 AP - 00277466 1/7/2009 CHANCE, RYAN 1,000.00 AP - 00277467 1/7/2009 CHO, IRENE 96.00 AP - 00277468 1/7/2009 CLASSE PARTY RENTALS 104.52 AP - 00277468 1/7/2009 CLASSE PARTY RENTALS 117.42 AP - 00277469 1/7/2009 CLEARWATER GRAPHICS 102.37 AP - 00277469 1/7/2009 CLEARWATER GRAPHICS 109.91 AP - 00277469 1/7/2009 CLEARWATER GRAPHICS 102.36 AP - 00277469 1/7/2009 CLEARWATER GRAPHICS 109.91 AP - 00277469 1/7/2009 CLEARWATER GRAPHICS 3;249.74 AP - 00277471 1/7/2009 CMS INC 1,500.00 AP - 00277472 1/7/2009 COLOR ME MINE 1,508.50 AP - 00277474 1/7/2009 CONTINENTAL AMERICAN INSURANCE COMPi ]92.55 AP - 00277475 ]/7/2009 COPIES & INK PRINTING INC. 546.69 AP - 00277478 1/7/2009 CREPES DE PARIS 29.75 AP - 00277483 ]/7/2009 CUCAMONGA VALLEY WATER DISTRICT 142.10 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 667.67 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 94.]6 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 308.79 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT ] 16.36 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 200.22 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 85.70 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,470.10 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 190.35 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 218.24 AP - 00277483 1/7/2009 CUCAMONGA VALLEY bVATER DISTRICT 463.89 User: VLOPEZ -Veronica Lopez Page: 18 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAA4ONGA P49 Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name -Amount AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 256.46 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 256.47 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 67.52 AP - 00277433 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 67.53 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 47.27 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 39.11 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 468.86 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 46.16 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 58.55 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 190.35 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 122.67 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT S 1.50 AP - 00277483 1/.7/2009 CUCAMONGA VALLEY WATER DISTRICT 125.18 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 4,663.83 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,331.04 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,453.04 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,912.99 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 91.05 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,921.83 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 2,056.52 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 303.89 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 29.24 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 32.06 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 27.83 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 36.29 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT ] 57.92 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 126.90 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 85.70 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 163.56 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 71.60 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 59.96 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 100.85 AP - 00277483 .1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 50.09 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 96.62 AP - 00277483 1/7/2009 CUCANIONGA VALLEY WATER DISTRICT I 15.31 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 207.27 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 182.99 AP - 00277483 (/7/2009 CUCAMONGA VALLEY WATER DISTRICT 218.24 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 100.85 AP - 00277483 ]/7/2009 CUCAMONGA VALLEY WATER DISTRICT 2,454.81 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,904.10 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRIC"C 1,943.69 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 545.67 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 740.25 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT S 19.98 AP-00277483 1/7/2009 CUCAMONGAVALLEYWATERDISTRICT 1,731.80 AP - 00277483 ]/7/2009 CUCAMONGA VALLEY WATER DISTRICT 558.36 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,671.95 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 132.23 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 69.83 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 159.40 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,934.56 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 239.39 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 136.46 User: VLOPEZ -Veronica Lopez Page: 19 Current Date: 01/14/200 Report:CK_AGENDA_REG_I'ORTRAIT_RC - CK: Agenda Check Register Portrait Layout ~ Timer 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Dale Vendor Name Amoun[ AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 32.06 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 81:47 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 585.15 AP - 00277483 1/7/2009 CUCAMONGA VALLEY \\~ATER DISTRICT 38].80 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 793.83 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 85.34 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 88.16 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 2,039.89 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 296.10 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,300.02 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 57.14 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 319.76 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 738.53 AP - 00277483 ' 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 741.66 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1;847.42 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 2.708.61 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 260.44 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 432.87 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 139.28 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 473.76 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 399.03 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 89.87 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1;600.67 AP - 0027.7483 1/7/2009 CUCAMON'GA VALLEY WATER DISTRICT - 514.97 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 675.07 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 370.83 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 95.21 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,349.69 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 291.38 AP-00277483 ]/7/2009 CUCAMONGAVALLEYWATERDISTRICT 68.49 AP-00277483 1/7/2009 CUCAMONGAVALLEYWATERDISTRICT 1,495.55 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,637.96 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,32353 AP-00277483 1/7/2009 CUCAMONGAVALLEYWATERDISTRICT 1,175.48 AP-00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 181.89 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 96.98 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 118.13 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 578.10 AP-00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 182.99 AP-00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 507.60 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 12659 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 651.11 AP-00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 106.85 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 26.42 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 4].63 AP-00277483 1/7/2009 CUCAMONGAVALLEYWATERDISTRICT ]81.58 AP-00277483 1/7/2009 CUCAMONGAVALLEYWATERDISTRICT ]30.46 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 167.79 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 319.76 AP - 00277483 1/7/2009 CUCAMON'GA VALLEY WATER DISTRICT 1,506.91 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 121.02 AP-00277483 1/7/2009 CUCAMONGAVALLEYWATERDISTRICT 51.50 AP -00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,955.67 AP -00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 1,063.14 P50 User: VLOPEZ -Veronica Lopez Page: 20 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P51 Agenda Check Resister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT .2,994.84 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 109.98 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 513.24 AP - 00277483 ]/7/2009 CUCAMONGA VALLEY RATER DISTRICT 625.73 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 296.10 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 45.86 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 198.81 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 318.35 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 222.78 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 494.60 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 102.62 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 538.62 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 473.97 AP - 00277483 1/7/2009 CUCAMONGA VALLEY WATER DISTRICT 97.78 AP - 00277485 1/7/2009 DEKRA-CITE INDUSTRIES INC 1,053.00 AP - 00277485 1/7/2009 DEKRA-CITE INDUSTRIES INC 2,594.74 AP - 00277486 1/7/2009 DESIGN PARTNERS INC. 1,516.00 AP - 00277487 1/7/2009 DICKSON, MICHAEL 500.00 AP - 00277489 1/7/2009 DREAMSHAPERS 142.50 AP - 00277490 1/7/2009 DUGAN CONSTRUCTION, R 89.10 AP - 00277491 1/7/2009 EDFUND 1f,4.91 AP - 00277492 1/7/2009 ELLIS ENTERPRISES 940.00 AP-00277492 1/7/2009 ELLIS~ENTERPRISES ~ 50.00 AP - 00277492 1/7/2009 ELLIS ENTERPRISES 75.00 AP-00277492 1/7/2009 ELLIS.ENTERPRISES 150.00 AP - 00277492 1 /7/2009 ELLIS ENTERPRISES 50.00 AP - 00277492 1 /7/2009 ELLIS ENTERPRISES 330.00 AP - 00277492 1/7/2009 ELLIS ENTERPRISES 110.00 AP - 00277494 1/7/2009 EMPLOYMENT DEVELOPMENT DEPT. 409.02 -AP - 00277496 1/7/2009 ENVIRONMENTAL RECOVERY SERVICES INC. 1,312.77 AP - 00277497 1/7/2009 EVOLVE MEDIA 625.00 AP - 00277498 1/7/2009 EXPENSE REDUCTION ANALYSIS 87.70 AP - 00277500 1/7/2009 FASTENAL COMPANY 68.68 AP - 00277500 1/7/2009 FASTENAL COMPANY 473.76 AP - 00277500 1/7/2009 FASTENAL COMPANY 2,047.87_ AP - 00277500 1/7/2009 FASTENAL COMPANY 179.32 AP - 00277500 1/7/2009 FASTENAL COMPANY 1;018.60 AP - 00277501 1/7/2009 FEDERAL EXPRESS CORD 16.68 AP - 00277501 1/7/2009 FEDERAL EXPRESS CORP 55.li AP - 00277501 1/7/2009 FEDERAL EXPRESS CORP 17.53 AP - 00277501 ]/7/2009 FEDERAL EXPRESS CORP 12.04 AP - 00277504 1/7/2009 FORD OF UPLAND INC 1,485.28 AP - 0027750> 1/7/2009 FOUNDATIONS FOURSQUARE CHURCH 250.00 AP - 00277505 1/7/2009 FOUNDATIONS FOURSQUARE CHURCH 126.00 AP - 00277507 1/7/2009 FRITTS, CHRISTINE 250.00 AP - 00277510 1/7/2009 GAREY, LINDA 80.00 AP - 00277512 1/7/2009 GILLISON, IOHN 59.00 AP-00277513 1/7/2009 GRAINGER -181.02 AP - 00277513 1/7/2009 GRAINGER 181.02 AP - 00277513 1/7/2009 GRAINGER 196.32 AP - 00277513 1/7/2009 GRAINGER 35.20 AP - 00277513 1/7/2009 GRAINGER 474.10 AP - 00277514 1/7/2009 GRANT III, VINCENT 294.00 AP - 00277515 t/7/2009 GUARDIAN 3,486.78 User: VLOPEZ -Veronica Lopez Page: 21 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P52 Agenda Check Register 12/30/2008 tluough 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277516 1/7/2009 GUERRERO, SEAN 12.00 AP - 00277518 1/7/2009 HOLLIDAY ROCK CO INC 50.00 AP - 00277519 1/7/2009 HOT SHOTS ATHLETIC APPAREL INC. 5,358.38 . AP - 00277521 1/7/2009 HUSSEIN, TAREK 2,300.00 AP - 00277523 1/7/2009 INLAND EMPIRE MAGAZINE 1,495.00 AP - 00277525 1/7/2009 INLAND REGIONAL CENTER 500.00 AP - 00277526 1/7/2009 INTEGRATED TECHNOLOGY GROUP 4,000.00 AP - 00277526 1/7/2009 INTEGRATED TECHNOLOGY GROUP 18.62 AP - 00277528 1/7/2009 J D C INC 19,200.00 AP - 00277528 1/7/2009 J D C INC 1,666.36 AP - 00277529 1/7/2009 JOHNSON, FRANCES 250.00 AP - 00277530 1/7/2009 KENDREW DEVELOPMENT COMPANY 130.00 AP - 00277531 1/7/2009 KLAUS AND SONS 92.00 AP - 00277531 1/7/2009 KLAUS AND SONS 323.15 AP - 00277532 1/7/2009 KLAUS AND SONS 2,850.00 AP - 00277533 1/7/2009 KOA CORPORATION 2,049.60 AP - 00277533 1/7/2009 KOA CORPORATION 2,550.00 AP - 00277533 1/7/2009 KOA CORPORATION 375.00 AP - 00277533 1/7/2009 KOA CORPORATION 5,000.00 AP - 00277533 1/7/2009 KOA CORPORATION 3,000.00 AP - 00277533 1/7/2009 KOA CORPORATION 2.732.80 AP - 00277533 1/7/2009 KOA CORPORATION 375.00 AP - 00277533 1/7/2009 KOA CORPORATION 375.00 AP - 00277533 1/7/2009 KOA CORPORATION ~ 375.00 AP - 00277534 1/7/2009 L E H AND ASSOCIATES 5,990.00 AP - 00277534 1/7/2009 L E H AND ASSOCIATES 7,375.00 AP - 00277535 1/7/2009 LANKFORD, CHRIS"LINE 500.00 AP - 00277536 07/2009 LEAGUE OF CALIFORNIA CITIES 45.00 AP - 00277536 1/7/2009 LEAGUE OF CALIFORNIA CITIES 45.00 AP - 00277537 1/7/2009 LEIGHTON CONSULTING INC 5,963.50 AP - 00277539 1/7/2009 LITTLE BEAR PRODUCTIONS 150.00 AP - 00277539 1/7/2009 LITTLE BEAR PRODUCTIONS 150.00 AP - 00277539 1/7/2009 LITTLE BEAR PRODUCTIONS 65.00 AP - 00277540 1/7/2009 LOS ANGELES OPERA 9,000.00 AP - 00277541 1/7/2009 M D ELECTRIC 275.00 AP - 00277542 1/7/2009 MAIN STREET SIGNS 436.39 AP - 00277543 1/7/2009 MARCARELLO, KAREN 2,634.00 AP - 00277544 1/7/2009 MARIPOSA HORTICULTURAL ENT INC 21,281.06 AP - 00277544 1/7/2009 MARIPOSA HORTICULTURAL EN"I' INC 9,718.59 AP - 00277544 1/7/2009 MARIPOSA HORTICULTURAL ENT INC 141.57 AP - 00277545 1/7/2009 MARQUETTE COMMERCIAL FINANCE 257.52 AP - 00277546 1/7/2009 MARTIN, STEVEN 125.00 AP-00277547 1/7/2009 MIDWEST TAPE 29.99 AP-00277547 1/7/2009 MIDWEST TAPE 64.98 AP - 00277547 1/7/2009 MIDWEST TAPE 466.27 AP -00277547 1/7/2009 MIDWEST TAPE 787.04 AP - 00277547 1/7/2009 MIDWEST TAPE 71.15 AP-00277547 1/7/2009 MIDWEST TAPE 119.92 AP-00277547 1/7/2009 MIDWEST TAPE 190.05 AP - 00277547 1/7/2009 MIDWEST TAPE 215.44 AP - 00277548 1 /7/2009 NASH, SUZI 125.00 AP - 00277549 1/7/2009 NAVTRAK INC 200.00 AP - 00277SS0 1/7/2009 NEW BEGINNINGS FAMILY WORSHIP 500.00 AP - 00277551 1/7/2009 NINYO & MOORE 446.75 User: VLOPEL-Veronica Lopez Page: 22 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P53 Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277552 1/7/2009 NORSTAR PLUMBING INC 10,000.00 AP - 00277553 1/7/2009 OCLC INC 47.38 AP - 00277553 1 /7/2009 OCLC INC 47.38 AP - 00277554 1/7/2009 OFFICE DEPOT -47.32 AP - 00277554 1/7/2009 OFFICE DEPOT 36.23 AP - 00277554 1/7/2009 OFFICE DEPOT 24.18 AP - 00277554 ]/7/2009 OFFICE DEPOT 12.09 AP - 00277554 1/7/2009 OFFICE DEPOT 25.00 AP - 00277554 1/7/2009 OFFICE DEPOT 245.20 AP - 00277554 1/7/2009 OFFICE DEPOT ~ 78.64 AP - 00277554 ]/7/2009 OFFICE DEPOT 204.10 AP - 00277554 1/7/2009 OFFICE DEPOT 20.88 AP - 00277554 ]/7/2009 OFFICE DEPOT 37.70 AP - 00277554 1/7/2009 OFFICE DEPOT 9.99 AP - 00277554 1/7/2009 OFFICE DEPOT 10.25 AP - 00277554 1/7/2009 OFFICE DEPOT 30.19 AP - 00277554 1/7/2009 OFFICE DEPOT 57.]5 AP - 00277554 1/7/2009 OFFICE DEPOT 18.22 AP - 00277555 1/7/2009 ONTARIO WINNELSON CO 79.30 AP - 00277557 1/7/2009 ORMON; ALICIA 38.00 AP - 00277558 1/7/2009 OROKS, IACOB 250.00 AP - 00277559 1/7/2009 OTANEZ, CAROLA 80.00 AP - 00277560 1/7/2009 PAL CAMPAIGN 82.00 AP-0027756] 1/7/2009 PATHFINDER ORGANIZATIONALEFFECTIVENI 3,237.50 AP - 00277561 1/7/2009 PATHFINDER ORGANIZATIONAL EFFECTIVENI 67.50 AP - 00277563 1/7/2009 POUK AND STEINLE INC. ]67,064.27 AP - 00277563 1/7/2009 POUK AND STEINLE INC. -16,706.43 AP - 00277564 1/7/2009 PRE-PAID LEGAL SERVICES INC 266.49 AP - 00277565 1/7/2009 RANA, FARAH 1,000.00 AP - 00277566 1/7/2009 RANCHO CUCAMONGA FAMILY YMCA 1,215.00 AP - 00277567 1/7/2009 RANDOM HOUSE INC 87.12 AP - 00277567 1/7/2009 RANDOM HOUSE INC 112.11 AP - 00277567 1/7/2009 RANDOM HOUSE INC 65.57 AP - 00277567 1/7/2009 RANDOM HOUSE INC 87.12 AP - 00277569 1/7/2009 RBF CONSULTING 16,380.00 AP - 00277569 1/7/2009 RBF CONSULTING 900.00 AP - 00277570 1/7/2009 RICHARDS WATSON AND GERSHON 253.40 AP - 00277570 1/7/2009 RICHARDS WA'ISON AND GERSHON 1,072.50 AP - 00277570 1/7/2009 RICHARDS WATSON AND GERSHON 7,591.91 AP - 00277570 1/7/2009 RICHARDS WATSON AND GERSHON 2,726.45 AP - 00277570 1/7/2009 RICHARDS WATSON AND GERSHON .53,752.07 AP - 00277570 1/7/2009 RICHARDS WATSON AND GERSHON 71.06 AP - 00277570 1/7/2009 RICHARDS WATSON AND GERSHON 424.00 AP - 00277571 ~ 1/7/2009 ROBERT HALF TECHNOLOGY 224.00 AP - 00277571 1/7/2009 ROBERT HALF TECHNOLOGY 256.00 AP - 00277572 ]/7/2009 ROUCH, PETER A 377.26 AP - 00277573 1/7/2009 SAFEWAY SIGN COMPANY 228.43 AP - 00277575 1/7/2009 SAN BERNARDINO COUNTY PUBLIC ATTORNE 100.00 AP - 00277576 1/7/2009 SAN BERNARDINO COUNTY ~ 3,463.99 AP - 00277577 1/7/2009 SAN BERNARDINO COUNTY 840.00 AP - 00277579 ]/7/2009 SAN BERNAI2DIN0 CTY F[RE DEPARTMENT 49,728.00 AP - 00277582 1/7/2009 SBPEA 867.62 AP - 00277583 1/7/2009 SCOTT, DIANA 375.00 AP - 00277585 1/7/2009 SHEAKLEY 120.40 User: VLOPEZ -Veronica Lopez Page: 23 Current Date: 0]/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P54 Aeenda Check Rellister 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277585 1/7/2009 SHEAKLEY 12.60 AP - 00277585 1/7/2009 SHEAKLEY 43.00 AP - 00277585 1/7/2009 SHEAKLEY -80.00 AP - 00277585 1/7/2009 SHEAKLEY 12.00 AP - 00277585 1/7/2009 SHEAKLEY 9.00 AP - 00277586 1/7/2009 SHERIFFS COURT SERVICES 150.00 AP - 00277587 1/7/2009 SHERIFFS COURT SERVICES 175.93 AP - 00277588 1/7/2009 SHERIFFS COURT SERVICES 388.91 AP - 00277589 1/7/2009 SIGN SHOP, THE 103.79 AP - 00277590 1/7/2009 SOLID GROUND BRETHREN IN CHRIST CI-IURCI 2,600.00 AP - 00277591 1/7/2009 SOURCE GRAPHICS 67.09 AP - 00277592 1/7/2009 SOUTH EASTERN CA CONFERENCE 160.00 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00277593 1/7/2009 SOUTHERN` CALIFORNIA EDISON 14,992.80 AP - 00277593 1/7/2009 SOUTHEIL\' CALIFORNIA EDISON 4,212.90 AP - 00277593 1/7/2009 SOUTHEIN CALIFORNIA EDISON 44.24 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 12,120.96 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 119.33 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 34.83 AP - 00277593 1/7/2009 SOUTHEIL\' CALIFORNIA EDISON 12;294.90 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 4,347.23 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 5,552.18 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 10,411.25 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 1,095.33 AP - 00277593 1/7/2009 SOUTHERN CALIFORNIA EDISON 76,298.57 AP - 00277594 1/7/2009 SOU7'IiERN CALIFORNIA EDISON 116.48 AP - 00277594 1/7/2009 SOUTHERN CALIFORNIA EDISON 22.35 AP - 00277594 1/7/2009 SOUTHERN' CALIFORNIA EDISON 22.35 AP - 00277594 1/7/2009 SOUTHERN CALIFORNIA EDISON 21.78 AP - 00277595 1/7/2009 SOUTfILAND SPORTS OFFICIALS 598.00 AP - 00277595 1/7/2009 SOUTHLAND SPORTS OFFICIALS 138.00 AP - 00277596 1/7/2009 SOUTHWEST ALARM SERVICE 29.38 AP - 00277597 1/7/2009 SPOONFACTORY 70.00 AP - 00277597 1/7/2009 SPOONFACTORY 105.00 AP - 00277597 1/7/2009 SPOONFACTORY 315.00 AP - 00277597 1/7/2009 SPOONFACTORY 105.00 AP - 00277598 1/7/2009 STOFA, JOSEPH 12.00 AP - 00277599 1/7/2009 SUMMERS, DARRYL 76.00 AP - 00277601 1/7/2009 TBH INC 40,050.41 AP - 00277601 1/7/2009 TBH INC 3,715.81 AP - 00277601 1/7/2009 TBH INC 78,075.23 AP - 00277601 1/7/2009 TBH INC 34,226.73 AP - 00277602 1/7/2009 TICKETS COM INC 12,650.00 AP - 00277602 1/7/2009 TICKETS COM INC 1;381.44 AP - 00277603 1/7/2009 TOOLS R US INC 70.86 AP - 00277604 1/7/2009 TRAFFIC OPERATIONS INC 3,516.55 AP - 00277605 1/7/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 51,307.52 AP - 00277606 1/7/2009 UN'[ON BANK OF CALIFORNIA TRUSTEE FOR P. 268.14 AP - 00277606 1/7/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 3,083.51 AP - 00277607 1/7/2009 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 268.14 AP - 00277607 1/7/2009 UN10N BANK OF CALIFORNIA TRUSTEE FOR P. 3,083.51 [iser: VLOPEZ -Veronica Lopez Page: 24 Current Date: 01/14/200 ReporLCK_AGENDA_ REG_POR'fRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check No. Check Date Vendor Name Amount AP - 00277608 1/7/2009 UNITED SCENIC ARTISTS PENSION & WELFARI 386.75 AP - 00277609 1/7/2009 UNITED SCENIC ARTISTS PENSION & WELFAR] 348.16 AP - 00277610 1/7/2009 UNITED STATES TREASURY 1,779.10 AP - 00277611 1/7/2009 UNITED WAY 308.82 AP - 00277612 1/7/2009 VALDEZ, TRINA 10.00 AP-00277613 ]/7/2009 VASTA, WILLIAM 188.56 AP-00277613 1/7/2009 VASTA, WILLIAM 188.56 AP-00277613 1/7/2009 VASTA, WILLIAM ]88.57 AP-00277616 1/7/2009 VERIZON 42.81 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 21.33 AP - 00277616 1/7/2009 VERIZON 90.58 AP - 00277616 1/7/2009 VERIZON 85.44 AP - 00277616 1/7/2009 VERIZON ~ 87.94 AP - 00277616 1/7/2009 VERIZON 117.48 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 100.61 AP-00277616 1/7/2009 VERIZON ~ 33.54 .AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 87.94 AP-00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 57.94 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 34.85 AP - 00277616 1/7/2009 \'ERIZON - 127.45 AP - 00277616 1/7/2009 VERIZON 114.72 AP - 00277616 1/7/2009 VERIZON 33.54 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERILON 33.54 AP-002776]6 1/7/2009 VERIZON 87.94 AP-00277616 1/7/2009 VERIZON 87.94 AP-00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 87.94 AP-00277616 ]/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 34.6] AP-00277616 1/7/2009 VERIZON 360.16 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 19.49 AP-00277616 1/7/2009 VERIZON 87.94 AP-00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERiZON 87.94 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 70.13 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 454.27 AP - 00277616 1/7/2009 VERIZON 33.54 AP-00277616 1/7/2009 VERIZON 198.1] AP - 00277616 1/7/2009 VERIZON 34.61 P55 User: VLOPEZ-Veronica Lopez Page: 25 Current Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA P56 Agenda Check Register 12/30/2008 through 1/13/2009 Check No. ~ Check Date Vendor Name Amoun[ AP - 00277616 1/7/2009 VERIZON 358.86 AP - 00277616 1/7/2009 VERIZON 575.35 AP - 00277616 1/7/2009 VERIZON 468.08 AP - 00277616 1/7'2009 VERIZON 468.08 AP - 00277616 1/7/2009 VERIZON 2.399.77 AP - 00277616 1/7/2009 VERIZON 69.22 AP-00277616 1/7/2009 VERIZON 21.33 AP - 00277616 1/7/2009 VERIZON 19.06 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 1,353.59 AP - 00277616 1/7/2009 VERIZON 200.79 AP - 00277616 1/7/2009 VERIZON 35.21 AP - 00277616 1/7/2009 VERIZON 32.50 AP - 00277616 1/7/2009 VERIZON ~ 32.50 AP-00277616 1/7/2009 VERIZON 32.50 AP - 00277616 1/7/2009 VERIZON 177.05 AP - 00277616 1/7/2009 VERIZON 45.14 AP - 00277616 1/7/2009 VERIZON 146.31 AP - 00277616 1/7/2009 VERIZON 87.94 AP - 00277616 1/7/2009 VERIZON 160.63 AP - 00277616 1/7/2009 VERIZON 378.55 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 106.19 AP - 00277616 1/7/2009 VERIZON 20.06 AP - 00277616 1/7/2009 VERIZON 34.61 AP - 00277616 1/7/2009 VERIZON 32.69 AP-00277616 1/7/2009 VERIZON 32.50 AP-00277616 1/7/2009 VERIZON 277.84 AP-00277617 1/7/2009 VERIZON ~ 25.23 AP - 00277617 1/7/2009 VERIZON 90.12 AP-002776]8 1/7/2009 Verizon 55.72 AP - 00277619 1/7/2009 VILLENAS, FABIAN 18.00 AP - 00277620 1/7/2009 YOLK, 7ENiv'IFER 1,000.00 AP - 00277620 1/7/2009 VOLK, JENA'IFER 500.00 AP - 00277621 1/7/2009 WALTERS WHOLESALE ELECTRIC CO 138.19 AP - 00277621 1/7/2009 WALTERS WHOLESALE ELECTRIC CO 108.36 AP - 00277621 1/7/2009 WALTERS WHOLESALE ELECTRIC CO 866.4] AP - 00277621 1/7/2009 WALTERS WHOLESALE ELECTRIC CO 112.36 AP - 00277621 1/7/2009 WALTERS WHOLESALE ELECTRIC CO 583.03 AP - 00277622 1/7/2009 WASTE NEWS 49.00 AP - 00277623 1/7/2009 WAXIE SANITARY SUPPLY 74.67 AP - 00277624 1/7/2009 WEE, HYEWON 500.00 AP - 00277625 1/7/2009 WELLS FARGO BANK N A 2,300.00 AP - 00277625 1/7/2009 WELLS FARGO BANK N A 2,300.00 AP - 00277626 1/7/2009 WEST SANITATION SERVICES INC 370.10 AP - 00277627 1/7/2009 WESTCOAST MEDIA 225.00 AP - 00277627 1/7/2009 WESTCOAST MEDIA - 225.00 AP-00277627 1/7/2009. WESTCO.ASTMEDIA 225.50 AP - 00277627 1/7/2009 WESTCOAST MEDIA 225.00 AP - 00277628 1/7/2009 WORD MILL PUBLISHING 675.00 User: VLOPEZ -Veronica Lopez Page: 26 Current Date: 01/]4/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:27:4 CITY OF RANCHO CUCAMONGA Agenda Check Register 12/30/2008 through 1/13/2009 Check Nn. Check Date Vendor Name AP - 00277628 1/7/2009 WORD MILL PUBLISHING AP - 00277629 1/7/2009 YOUNG CALIFORNIA HOMES LP EP - 00000196 12/31/2008 CHAFFEY JOIN"P UNION HS DISTRICT EP - 00000197 12/31/2008 PILOT POWER GROUP INC EP - 00000199 1/7/2009 SAN BERNARDINO CTY SHERIFFS DEPT EP - 00000200 1/7/2009 SPAGNOLO, SAM P57 Amount 675.00 1,000.00 Total for Check ID AP: 3,080,611.04 122,098.0 I 17,070.13 49,202.26 81.72 Total for Check ID EP: 188,452.12 Total for Enti[y: 3,269,063.16 User: VLOPEZ -Veronica Lopez Page: 27 Curren[ Date: 01/14/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Timc: 16:27:4 ~ m o ~ 7 ~ a O N ~ W b ~ U L C ' r~ > I d 0 R W 0 _T M U ~' Tr 0 E 1~ `O e a° o _~ m q R C WI C O R ~ 7 ~ ~ N U m C = c M p 10 fA ~ L ~ ~ ~ C1 C G ~~ £ w ~ ~ ~ > S~ o ° ° 0 a z ~ ~. a U Ad a~ q. U ~~~ z ` ~ z~ t ~ c6~ E / / v .; !W`r -. __. _ ~ N 7 C m m ~ m N 10 N r m ~ .n m m r ~o N N t7 O l7 ~ l I I lh O r O N Q1 ~'~ vi n m ~ m °i N N t"i O M ~ ri f M h m M rn ~ n ~ n f m m ~o n ~ m m i 0 o m o <o N p In O N O 0 O~ M O (7 O 0' r c N O f N OI 0 o r r rai I N O lV (i) C) N l0 O (O m m ~ N O N N G O N N A 0 o m a (O O CI O N ~ a n •- n M r b m o m i, d r m in r ~p °<<m < N fp O !p N N a M O N N l7 10 io o ~o o ~n ,O N ~O N ~[1 [O R1 v ~o °o °o °o °r' ° a N O O O ~ N O O O N N O O N O T m °o M °o in y N ~ N fD ~fl r ~ M ~ o m c °a ii v U n m ~ E H m U N v o ° ' ~ °' m > w C ^ - T 'C d ~ ~ U a~ v m Q ~ C m = ¢ ¢ z v E m E ~ o ~ y N a ry N C ~ U LL H c ° o ~ N n O ~ m m b o rj M n .- n m m n t7 N O T O N m n C1 N N O o m N m N O N N O Oi N A r O m O b e N N w M 10 N m N O Q N d N C N C 0 O t d v ~ ~ E = ' = ~ a ° ' C y ~ m =v c u x >. m U c ~ A Q v U° ~p v ~ m c o~ ~ V ~ ~ OV ~ "C o r N U D N m~ U ~ O U a~ N H 0 d n N M m m N r O '^ ai o M < r ~ ,o ~ m m m n ~. N ~ m u LL 9 C W L O M d a E v O Z rn L W r O H 0 ~ b o r~ m O Ot M m m ~ ~ Yl A A C d ~ U C y A ~ m o T ~ ~ d v ~ ~ ~ m ~ u > > ~ U Q W P58 >a~~; ~ U U _^v O f > W d~ =o C 2 v° o d a a ~ h m 0 0 N O M ao 0 N O m O m 'v 8 6 n ~ K a P59 N - - H U ~ m H ~ O _ N C 3 n n n a ' E~ o n~ Ld , y v E r ~ 8 . . 5 ~ a° adi c o a ¢ d E O d d a mD o¢ E a c a c ~ m d c ' d ~ ~ E o m N C 9 d d O > > S ~E b C - d C ~ O L d O > O r « L O c ~- N O .a ` d y o o ~ m N N .~. d~ C O d ion o C C d h O O C > t0 U C L % G~ O ~ d dML d _ O d T jp H~ 0 0 6 C V d U ~ U O O ~ Q d o E ° - d m o ~ H N ~ N ~ ~ y p p d N N N E E c y d x `d 41 d U ~ >'C ~ C od C d E=°w uc !~° Epp ° O d D ~ ~ ~ d d~ d O p d p y.~m d ° C U ~ Orn c E _ O ° d O N O C U _ T S Q W L L 6 U o ym ° a o'~To~ ° n ' ~ o m E v ~ U d N d- D d ON ~ c ° Eo a ~~ c + . ~ o m ~~ o da(.j ~ ~ a cm ._ ¢rnuim m c o E ~ D w¢ K ° i $ ~ .°c~o d y v Z o L d c d E y a ° a "; ~ „ ~ ° ` . 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N N N y U ()dN yOc> > p ~ d U Nth U r U d OOH = N 7 O N G N U° N d C C o Cw.~ O t` Td' dd ~ °',r U ~ v ti ~? m0 w~ c o v U` d U d ~ ° 0 N d 0 C y= 6 N d O O U D e r e m y2c Ern°`m ~ v N (n d 7 N t° d _ O ~ ~ C _ 9 N N N n C ; E Q d L N G d N LL L d d C m C O U Z'~H =°•~~ E p ° .C . ~~. y y n o E? d > E ~' E d ' ~Q rnwQ L ~ ¢ > f - ~ P60 ~v d ~o ~ W a f ~~ N t T~ m ~ m m rvl „ N a w ~ ~ A ~ Ig R~ N m N A 1 Y O m J. n x awl s a x 6 a x ii 0_ w C L d o E 1y1~l!~~ ~ o V~ U c ~ M O f6 N (~ y C O y ~ D ~ ,~ ~ ~ O O O Z ,~, a r U a° O O 0 O O O O O =1' a i l . ! ~ _ . d y N mu M A C Cj N m ¢ m p ^ q Z LL F i m i U v `a Z m p W m x' U d N Q Q ¢ a U ~ U q J q O a ~ D m c C m ~ E W 0 i y ~ E o 0 N i u C N O1 H a g a ~ S VJ y O O Z w O S d N m m ~ ~ ¢ ~ a ~ c ¢ ~ U m 0 Q N a 3 a C J m LL E v r C O L N N ~ n ~ h N U y i m Ql m d N 1 ~ .y 0 v 0 `O N .m. m m ~ U m m N U °m O O O °o 3 in Z O U O y Y a Z m m Z ¢ O °c Z m J q 0 m .- ~ ~ ~ .- ~ .- .- ~ .- .- o ~ 0 ~ ~ O N c o m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H U - N N i0 ~ N N N Q lD f~` N N N l+f ! m N N N 0 ~ 01 N N N f~J M m N` N O d N N N N O O f~` N N N fO h OI N O U •~• n . 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N N d 5 0 d ~ ~ ~ n o _N O a a c d o E m Q N O (D O O N O Z O LL U O NI N O N N ml W N 0 Z 0 m a P68 STAFF REPORT PLdNNING DEP.1RTbfENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Adam Collier, Planning Technician RANCHO cUCAMONGA Subject: CONSIDERATION OF PUBLIC CONVENIENCE OR NECESSITY DETERMINATION DRC2008-01038 - SHARIF AHMAD - A request for a Public Convenience or Necessity determination for a Type 20 Off-Sale Beer and Wine license for a convenience store in the General Industrial District (Subarea1), located on the southwest corner of Vineyard Avenue and Arrow Route - APN: 0207-262-48. RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience or Necessity for Sharif Ahmad through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS A. Background: The existing gas station and convenience store is located at the southwest corner of Vineyard Avenue and Arrow Route, as shown on the attached project location map (Exhibit A). The applicant's business presently consists of a gas station and a convenience store. The applicant purchased the business, but did not apply for a transfer and renewal of the ABC license at that time. The applicant applied for aNon-Construction Conditional Use Permit (DRC2008-00650) to re-open the gas station as the subject use had been discontinued for a period longer than 180 days. The CUP application was approved by the Planning Director on October 7, 2008 and allowed for the re-opening of the gas station and existing convenience store, along with the provision for alcohol sales pending approval by ABC. The applicant submitted an application for a Type 20 Off-Sale Beer and Wine license to the Department of Alcohol and Beverage Control, at which time it was determined that a finding of Public Convenience or Necessity was required. No public comments were received before or during the public hearing for the Conditional Use Permit. The convenience store is 1,100 square feet and sells packaged foods and general household items. Beer and wine sales are not permitted on the sales floor and are limited to 50% of the area labeled "Cooler" as shown in Attachment B -Floor Plan. The gas station and convenience store are. permitted to operate 24 hours a day, with the sale of beer and wine prohibited from 2:00 a.m. to 7:00 a.m. B. Requirements from the Department of Alcoholic Beverage Control: The Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to population of the census tract. According to ABC staff, the off-site licenses in this census tract (0021) total 35. This is 18 over the limit of the 17 licenses and thus necessitates a finding of Public Convenience or Necessity (PCN). Census Tract 0021 is oversaturated because it is one of the largest census tracts in the City and includes many off- site licenses that have been in existence prior to City incorporation. Additionally, ABC staff stated that a finding of PCN is required by the local agency (as governed by Section 23958 of P69 CITY COUNCIL STAFF REPORT PUBLIC CONVENIENCE OR NECESSITY DRC2008-01038 - SHARIF AHMAD January 21, 2009 Page 2 the Business and Professions Code), because of a moratorium on all new ABC licenses within San Bernardino County. The legislation purposely left the term Public Convenience or Necessity undefined, so the local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. C. Facts to Support A Public Convenience or Necessity Determination The following are facts to support the requested Public Convenience or Necessity: Fact: A retailer of alcoholic beverages, packaged foods, and general household items is a common and accepted business. Fact: The site is located at the southwest corner of Vineyard Avenue and Arrow Route and is an existing gas station with a convenience store. The business was sold in January 2008 and the existing Type 20 Off-Sale Beer and Wine license expired due to non-renewal and transfer. The new owners are requesting the new license as the selling of off-site beer and wine is an accepted use for this type of business and was allowed in the past. Fact: The census tract in which this business is located (0021) has 35 existing businesses with alcohol licenses. The site is not close to sensitive users, such as day care facilities, schools, and/or churches. Fact: Rancho Cucamonga residents would be afforded a common shopping opportunity with the addition of beer and wine to the market's selection of packaged foods and general household items. CONCLUSION: Based upon the above analysis, staff finds that the Off-Sale Beer and Wine license (Type 20) at the business will not have a negative impact to the surrounding uses. Respectfully submitted, ,;~ ~ ~~~% James R. Troyer, AICP Planning Director JT:AC/ds Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Resolutia - Location Map/Site Plan - Floor Plan - Census Map - Explanation Letter - Alcoholic Beverage Control (ABC) Application Work Sheet n of Approval for Public Convenience or Necessity - DRC2008-01038 n514 Vineyard Avenue, Rancho Cucamonga CA 91730 .:Ir<~cCW NIGNW.-1Y SIDEwali ~~` _.__ _ ~~ La F1DSC?FII I(; y,/ ~~t- ~2~ B-lO grairorl rr, .I °_ - - Ps ~I -~ USTs _ a `~ ~+ , _ _ ...: _ . P~ 41,0}ISUiiDS P ~{~'. ~ ~ Z~ ~„ ~ D a a P, `~5 Pa+~i B_, I a. ~• PB+~P / Q o r ne . 3 , RASE '~~ ~~ ,' SPI- Sgl ~ ~ \ SPI -a ~OIL% PE> ~ S ORAL; \. SPI•- ~1-(`~ ~ ~~SROCKPILE --- - L.>PIDSCAFIIIG - -~- ~ - - ----- P70 w z -w <( L~ (Y c(. )- w Z EXHIBIT - A ~ f"t~Ui1 ~~) P/1RKl~i~ Sia)iJ~ < r'I P71 a AS-BUILT SPACC PLAN ~ ~i,'~= I~s~a 6 8560 Vine}'anl Avenue, Rancho Cucamonga CA 91730 S; ~~ !` appruximale 1,024 sq. fl. freestanding bldg '~ ' D 1~ -. ~ ~ . ~ c VVR LL ~ ~ L31 C)L l~ •bl t1 4L ~ I - ~ ~ ~ ~`' _ ~ I I _. _ - _.._ W "~ ,_ ~ ~ I '-- 1 I (,. ~r ~ , ~~:, l \l .I I ~I I -..~~ ~ v 1~ \ ~ ~ M ! o i f- J . ill' ~~~ \ ~~ ~~c >~ ~ i ~'i~. (~ ~) ~ ~ F-4 \'~ c ~ 1 ~ ~ PAP ' ~ r ~~~ Q1 ~/Cql~ - I -.. , I~~; I _I c- ~ rte- ~ 1 ~ -- c -4. ~ --- fp ~ .. -- ~ .lI ~Z _ .~ ~, a~ 2 ~ G . ~. ~~ N I o i i u ~ 3-5 - v ~ O /, --5 5 r ~ \ _ ~I ~ I ~, , ~~ ~ ~ ~ 1 ~ ~(~i{wj (~/~ ... _~~ ~~ ~Dl Yv" 6 .000N~lk IZ S~G'US'(- N ___ r Il ' -- _ - -~------ ------- - 'L - ~` _.. -. ~l-T R / _ z e _ _ , _ _ I c n _ .. I ____ _ _ -- r. _ ~ _. ... ._._-i~ _ N __ ~ ~ U~ ~}~ I _ _ Z ... C t,~ ' \ I ~ ~ ~ n wu1RIT - B P72 z of r- I i `-' I I I GHUR r.1 0 w ~~ 21 ~~~ _~ EXHIBIT - C P73 I :i ~:i0 4~!hipple Street, Fontana C ~ ~? ~3.h (4> 1) 2?-6~2 Decembei 15. 2008 City of Rancho Cucamonga PLANNING DIVISION 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909)477-270 RE: Letter of Explanation 8514 Vineyazd Avenue, Rancho Cucamonga Deaz City of Rancho Cucamonga: I am submitting this "Statement of Operatioris" as part of my pending ABC license 20 Off-Sale Beer & Wine application currently under review for the above location. For review, I am intending to re-open the above, existing self service gas station and convenience store operation, previous operated by Exxon Mobil for the past 20 yeazs. After . fulfilling all requirements for my Conditional Use permit (CUP) application #DRC 2008-00650 with your agency including personally met with and discussed at length my intention to re-open the above location with an ABC License 20 -beer and wine sales (as previously operated by Exxon/Mobil), the City of Rancho Cucamonga granted approval of my CUP on October 7, 2008, including provisions for beer and wine sales. Based on that approval, I have committed over $100,000 in the procurement of approvals from the AQMD, County of San Bernazdino Health Dept, State of California ABC Boazd and all other regulating agencies to date. I would greatly appreciate your continued support and assistance with my pending ABC License 20 application and respectfully request your ganting the Public Convenience or Necessity. I. Hours of Operation - 24 hours, 7 days a week, 365 days per yeaz 2. Type of Food and Drink - It will be a regulaz mini-mart with gas station. Food items aze prepackaged and include, but not limited to cold sandwiches, doughnuts, pastries, cakes, cookies, candies, chips, snacks and can foods. Drink items served include, hot coffee, hot cocoa, fountain soda, slurpee, soda can, water bottles, isotonic water, energy drinks, vitamin waters, milk; juices, etc. Alcohol sales limited to beer and wine sales between the hours of lam to 2 am (per ABC permit). There is NO FOOD PREP or COOKING. Thank you very much for your time; r/ -._.: Y_.__..._-...... ~Slrarif Ahmad ~ 2. ' EXHIBIT - D UEC-09-2008 17:06 ABC RIVERSIDE DISTRICT ~ 951 781 0531 P.002 P74 Z3)58.41i ~ l' A1'i'L11;A11vly wvxnoi~iai rzz~Mrs>;s AI>vR>Jss: ~5/ `/ (/,' n era ~ d ~~ e L,1C~NSLTI'1'R: 02~ ~ y735aY 1. CRINIR It~]'URTING DISTIUCT ;Iuri,•diction unsilile to provide sftttisticuil data. Rcpnrtin; Aistrict:~• To~~l nuinber of report g districts: Total number of offenses: ' Average number of I20% of average n district: Total offenses 1 Istrict: \ '='Location i ithin n high crime reporting district: ~'ES / NO . 2. CR)\'SUS TRACT / UN7)TJE CONCRNTR_4TTOTV Census Tract: 10 ~~ ~ , n o Population:_~~~_/ Count3~ Ratio Number of licenses alloh~ed: ~~ Number bf existing iicenses: ~J Undtie Concenfrafion exists I'IrS / N0. _ ~Lctt~i• of puh(ic cnm~^_niencc or.necssiE,~ required: overnin B Three timcpublicnfionrecluire 1•I<;S 0. Person Taking A71p(ics~tion Investigator ~ Supervisor ~ ~a n a~1 0. C. / c a ~.•, c n q ~f 9/730 -y3y8 AppIicanf. EXHIBIT - E P75 RESOLUTION NO. 09-*OD9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREAI), LOCATED ON THE SOUTHWEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE, APN:0207-262-48. A. Recitals. 1. Sharif Ahmad has fled an application for a Public Convenience or Necessity Determination DRC2008-01038, as described in the title of this Resolution, for a type 20 (general off-sales) license from the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the.2lst day of January 2009, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4: All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: , 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above referenced meeting on January 21, 2009, including written and oral staff reports, this Council hereby specificallyfinds as follows: a. The applicant's business presently consists of a gas station and a convenience store. The applicant proposes to sell beer and wine in addition to packaged foods and general household items. The business will not sell videos or have coin-operated amusement devices. The gas station and convenience store will operate 24 hours, seven days a week, with the sale of beerand wine prohibited from 2:00 a.m. to 7:00 a.m:; and b. A retailer of beer and wine, packaged foods, and general household items is a common and accepted business; and c. The site is located at the southwest corner of Vineyard Avenue and Arrow Route-and is an existing gas station with a convenience store. The business was sold in January 2008, and the existing liquor license expired due to non-renewal and transfer. The new owners are requesting the new alcohol license as the selling of off-site beer and wine is an accepted use for this type of business and was allowed in the past; and P76 CITY .COUNCIL RESOLUTION NO. 09- DRC2008-01038 -CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION JANUARY 21, 2009 Page 2 d.' The census tract in which this business is located (0021) has 35 existing businesses with alcohol licenses. The site is not close to sensitive users, such as day care facilities, schools, and/or churches. e. Staff does not ahticipate that the addition of beer and wine sales will significantly increase traffic flow to the business, with the majority of customers coming to refuel; and f. Rancho Cucamonga residents would be afforded a common shopping opportunity with the addition of beer and wine to the market's selection of packaged foods and general household items. g. Beer and wine sales are not permitted on the sales floor and are limited to 50% of the area labeled "cooler" as shown on Exhibit A of this resolution. 3. Based upon the findings setforth in paragraphs 1 and 2 above, this Council concludesthatthe issuance of an off-sale liquor license for Sharif Ahmad will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council hereby determines that an issuance of an off-site liquor license for Rancho Shell will service the Public Convenience or Necessity. 5. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 21ST DAY OF JANUARY, 2009. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA P77 O~DU%1 ~~)P/!RKIN~S~IC~"~s ~, AS-BUILT SPACC PLAN ~~/,~~-,~S~ai _ 6 8560 Vineyard Avenue, Rancho Cucamonga CA 917J0 I ~ ~n I n approximate 1,024 sq. (t. (reeslanding bldg 1~ ~_. ~ ~ o WALL ~6~nL~ .l•l i.)4~; ~ I I ~ I _.---- ~ r _..... w ~^ ~ ~ ' _.. ..._ ~--~ -- N ----{ i . -- _... -------- I _._ .. I 7--I - - - - - - - --j--- -- - - _ -- ~ A I 6'6;~ - 6 ~6! i, i 1 _ ~ ,_ ~ _ J ; i', ?cam ~ 6 ; ~ I i I .'I' ~. .~ v, ~ ~ ~_ ~ 1 ~~ ~l~ ~ ~c ~;,, I I vi` °i~ c' I,~~I c' / ~~ •V' ~'_~I i Zvi. ~ J ~~ ~ - ~ ~ ~i aim ~ ~)~ \~ PAP r ~~ Q1 r~ P '> I on ~ _ ) i ~ ~ ~T ~, -.. S I 3L ~ ~3L ~ L ~ 'r i(J c i - ~ ~;. I ,I ~ ~ . ~ ~ -- L ;;, c.S~ s 3 'J--~ , o z ~ , ~, ~ . €. ~ - ~~ ~' „~ 3 - 5 --- v '- " ~ ~ n O /~J~ -5 --5 ~ ~ _ -. ~' '• ~ " ~~ ,, ~; ~ (~ " r Ir ~ ,~ ~ \ ~ ~ ® ~~ ~p~'o couNr~~z w 5~~~ ' 6, ~ - -- _ . .._. ~ L ~ (- ,-. _ ~ - I - 2 G ~% / u~ I. III I ~ ~ ! ~ I ~ ~ I ~ ~ ~.~ i j i ;. I ~ ~~ I J ~.y ~ (~-.. ~ T, !! --Ill •-- ~' ~~~ `~~ ~"~ ';}' i ~ R EXHIBIT' ~4 - , ~ .. MEMORANDUM PLAh'~, I'~G DEP 4RThIE'~T Date January 20, 2009 To Mayor and City Counal Jack Lam, City Manager From James Troyer, AICP, Planning Director By Adam Collier, Planning Technician ~r~ ~~ RANCHO CUCAMONGA Subject STAFF UPDATE ON A PUBLIC OBJECTION OF A PUBLIC CONVENIENCE OR NECESSITY REQUEST FOR ATYPE-20 OFF-SALE BEER AND WINE LICENSE AT AN EXISTING GAS STATION AND CONVENIENCE STORE AT THE SOUTH WEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE AT 8514 VINEYARD AVENUE Staff discussed the initial objection with Mrs O'Connell as she cannot attend City Counal meetings due to her illness Following discussion, Mrs O'Connell has Beaded to no longer object to the application as long as staff ensures that a condition is included in the PCN requiring the posting of signs around the gas station property to prevent loitering Mrs O'Connell has since resanded her objection to the Public Convenience or Necessity Request MEMORANDUM PLANI~ItiG DEraxTtitE'~r Date January 20, 2009 To Mayor and Cdy Counctl Jack Lam, City Manager From James Troyer, AICP, Planning Directo~ By Adam Collier, Planning Techniaan ~~ _~ RANCHO C,UCAMONGA Subject STAFF UPDATE ON A PUBLIC OBJECTION OF A PUBLIC CONVENIENCE OR NECESSITY REQUEST FOR ATYPE-20 OFF-SALE BEER AND WINE LICENSE AT AN EXISTING GAS STATION AND CONVENIENCE STORE AT THE SOUTH WEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE AT 8514 VINEYARD AVENUE Planning Department staff received a public objection by Mrs Hazel O'Connell on December 6, 2008 in regard to the processing of a Public Convenience or Necessity (PCN) request for aType-20 Off-Sale Beer and Wine license A Conditional Use Permit (CUP) was approved by Planning Director public hearing on October 7'", 2008, which permitted the re-opening of the existing gas station and food store with the allowance for aType-20 Off-Sale Beer and Wine license subtect to Department of Alcohol and Beverage Control approval The previous gas station and convenience store owners failed to renew the ABC License and thus it expired and required a new application Due to the fact that the census tract in which the gas station is located is oversaturated, a PCN is required prior to issuance of an ABC license Due to illness, Mrs O'Connell was unable to voice obtections to the initial CUP application and has since voiced obtections to the processing of the PCN request She currently resides in a condominium complex to the north of the subject property and she is concerned about potential criminal activity occurring as a result of the ABC license Staff investigated the calls for service at the subtect property and identified a total of three (3) calls for service from January 1, 2007 to the present, including embezzlement, panhandling, and a subtect check (see attached) Staff then called and discussed the issues with Mrs O'Connell as she cannot attend City Council meetings due to her illness Following discussion, Mrs O'Connell has decided to no longer object to the application as long as staff ensures that a condition is included in the PCN requiring the posting of signs around the gas station property to prevent loitering Because this condition is not within the scope of a PCN request, staff contacted the applicant and he volunteered to place signage that states "No Loitering" around his property pending Planning Department approval for sign size and location Upon the six-month review of the Conditional Use Permit, staff will add a condition to the resolution stating that the "No Loitering" signs shall be posted and maintained on the property 0 ~ ~ ~~ N ~- V~r+ o i w ~- u a U u m C rn Q E ~ U L ~ T U ~ O ~ O ~ ~, ~~ U s O O ~ N O " ~ e ~~ d b Q j 4~S t=- 0 _V n O d ~ i O '° ~l e f0 ~ U~ V O O U K 3 O O O r O d N U U N Q C~ m 0 M 0 N m O U a F z w W N W ¢7 W M N F f a r W ~ ti Gc W J ~ N g ti LD N w ~ 'n W °' w ~ o N - N W 16 N CQ U v W a d N U_ Z N U J a U U CC W Q i w z v O °o N M O U U z 0 Z Q 2 Z Q a U r Z U F J r D ~ Z 2 ~ Z ~ a c~ N Z ~ J a. 2 F O Z - N Z lC ~- Q va a :~ 0 U ~' N N N N Z U U c~ m 0 O 0 W O U Y U w x U H U W m Y U m Y F U y U m t~ U N W ~ ~ o U N ~ Z U ~ ~ ti ~ o W - N ~ ~ m U v u~i 'x!y ti u'' ~~~n: ay ~ d _i~ N N ~ ~ Q ,~ N N' T t ~. wm ~c m ~~~~~' Eg~m~ £'~' fH . y t :_ I'`. d~'~ ~~ t``~ t'=r ~ ~. ~q_ F` ~~ a r ~~ ~~ sz''' ~~Fi k ~~~ Z"x R °4_aK .A O U U O L V P78 STAFF REPORT - CONIIviUNITY SERVICES DEPARTMENT Date: January 2l, 2009 RANCHO CUCAMONGA 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 Subject: APPROVAL OF THE COMMUNITY SERVICES- UPDATE REPORT RECOMMENDATION In accordance with the City Council's request to become more informed of recreation programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in the Community Services Department. This report is provided to the City Council for informational purposes only. Seniors: • The following table highlights some senior activities that take took place during December 2008 as well as the total number of registrations for the year for Wellness Pass and Senior Transportation. Activity Date Number of Partici ants Pool Tournament December 4, 2008 13 Senior Bi Band Dance December 13, 2008 50 Senior Holida Part December 18, 2008 200 Senior Birthda December 30, 2008 100 Wellness Pass - A es 60+ Total Re istered - 319 Wellness Pass - A es 50-59 Total Re istered - 163 Silver Fox Ex ress Total Re istered - 139 • Upcoming Senior Activities are summarized below: Activit Date Time Pool Tournament Janua 2, 2009 1:00 .m. Senior Bi Band Dance Janua 10, 2009 7:00 .m. Senior Birthda Janua 28, 2009 11:00 a.m. • It is anticipated that the Senior Advisory Committee will hold its next regular meeting on Monday, January 26, 2009 at 9:00 a.m. at the James L. Brulte Senior Center. • Participation in the Senior Nutrition Prooram for the month of December 2008 is summarized in the table below and on the following page: Week Date Partici ants 1 12/1 throw h 12/4/2008 1,639 P79 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 2 JnivUnxr 21, 2009 Week Date Partici ants 2 12/7 throw h 12/11/2008 1,602 3 12/14throu h 12/18/2008 1,527 4 .12/21 throw h 12/25/2008 1,164 5 12/28 throw h 12/31/2008 610 Total meals served for the month of December 2008: 6,542 Senior Services: The table below summarizes participation in Senior Services activities for the month of December 2008: Program Number of Participants Blood Pressure Screenin 31 Resource Libra 265 Bereavement Su ort 10 Elder Law Private Counselin 18 HICAP 3 Dr. Cohen - "The Doctor is In" 12 Peo le with Arthritis Can Exercise 280 Sit and Be Fit 320 Special Needs Programs: • The table below highlights some special needs activities that took place during December 2008. Activity Start Date Number of Partici ants Frida Ni ht Fun Club December 12, 2008 22 Star Performers -Intermediate JuI 2, 2008 21 Star Performers - Be innin Jul 2, 2008 4 Martial Arts - Be innin Se tember 8, 2008 5 Martial Arts -Intermediate Se tember 8, 2008 3 Ta - S ecial Needs Se tember 11, 2008 1 • Upcoming Special Needs activities are summarized below: Activit Date .Time IncredABLES Frida Ni ht Fun Club Janua 9, 2009 5:30 m - 7:30 m IncredABLE Athletes -Basketball Janua 15, 2009 3:00 m - 3:45 m Star Performers -Intermediate Janua 7, 2009 5:30 m - 7:00 m Star Performers - Be innin Janua 7, 2009 7:00 m - 8:30 m Martial Arts - Be innin Janua 12, 2009 5:00 m - 6:30 m Martial Arts -Intermediate Janua 12, 2009 6:30 m - 8:00 m G mnastics Janua 12, 2009 3:15 m - 4:00 m Movement and Tumblin - S ecial Needs Janua 15, 2009 3:50 m - 4:35 m Ta = S ecial Needs Janua 15, 2009 4:40 m - 5:25 m Jazz and Hi Ho - S ecial Needs Janua 14, 2009 5:30 m - 6:20 m Ballroom -Social Dance -- S ecial Needs Janua 14, 2009 5:00 m - 5:45 m Ballet -- S ecial Needs Janua 15, 2009 3:00 m - 3:45 m P80 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 3 ;jniv[InxY 21, 2009 Tech Junction: The table below summarizes participation in Tech Junction activities for the month of December 2008: Senior Com uter Classes Date Number of Partici ants Introduction to Windows and PC's December 1, 3, 8, 10 17 Introduction to Surfin the Internet December 5, 12, 17 8 Intro to PowerPoint December 2,4, 9, 11 4 Intro to Word Processin December 22, 24, 29, 31 9 Tech Junction Date Number of Partici ants Dro In-Use December 906 Senior Classes December 194 Total uses/users December 1,100 • Upcoming Senior Computer Class activities are summarized below: Senior Com uter Classes Date Introduction to Windows and PC's Janua 6, 8, 15 Introduction to Surfin the Internet Janua 5, 7, 14 Intro to Word Processing January 19, 21, 26, 28 E-mail and E-cards January 9, 16, 23, 30 Managing Multimedia January 20, 22, 27, 29 Trips and Tours: Tri Date Number of Partici ants Tournament of Roses Parade Janua 1, 2009 54 Newport Boat Parade of Lights December 17 &18, 2008 86 Dancing with the Stars December 27, 2008 28 Branson Showtime December 4-9, 2008 2 • Upcoming Trips and Tours are summarized below: Tri Date Getty Center January, 21, 2009 Beijing City February 24 -March 4, 2009 Las Vegas Golden Nugget March 2-4, 2009 Facilities: The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of December 2008: Facility Rentals # Rentals/ Bookin s Rental Attendance Building Attendance James L. Brulte Senior Center 71/186 6,888 19,928 Gold S. Lewis Communit Center 107/235 11,985 4,065 P81 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 4 JnivtlnxY 21, 2009 Youth: • The table below summaries youth orogram attendance for the month of November. Program Classes/Sites Registrants/Attendance Pla school 58/5 729 /2,662 Lewis Partnership Kids Club @ 2/10 380 Evergreen, & Terra Vista A artments Breakfast with Santa 2 sessions 321 1 location • Playschool winter break was from December 22nd through January 2, 2009. • The number of Mobile Recreation "Fun on the Run" participants for December was: 59. The fall schedule for "Fun on the Run" is listed below: Da of the Week Park Location Time Frame Monda Bear Gulch 2:30-5 m Tuesda Hermosa 2:30-5 m Wednesda Old Town 2:30-5 m Thursda Da Creek 2:30-5 m Frida Mountain View 2:30-5 m Teens: • The table below and on the following page summarizes Teen Program Attendance for the month of November. Pro ram/Activit Attendance /Partici ation Teen Center 508 Partici ants / 96.5 hrs Teen Dance / S ecial Events 100 Partici ants / 3 hrs Teen Center /Rentals & Meetin s 37 Partici ants / 4 hrs TRAC Meetin s, Snack Bars, S ecial Pro ects 23 Partici ants / 2 Volunteers / 8 hrs TRAC- Bab sittin 68 Partici ants / 18 Volunteers / 106.5 hrs Teen Worksho sand Seminars 42 Partici ants / 2hrs Recreation Contract Classes: • Registration for the Department's recreation contract classes started on August 18, 2008. Classes started on September 6, 2008 and continue through the beginning of December. Number of Fall Classes Offered Sites Registrants 372 26 1,958 Facilities: • The table on the following page illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of December. P82 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 5 JnivuAxY 21, 2009 Facility Rentals # Rentals/Bookings Rental Attendance Building Attendance Lions Center East 18/58 606 2,641 Lions Center West 41/98 2,161 3,152 Human Services: The table below summarizes surplus food commodities distribution for the month of December. Pro ram/Activit Attendance /Partici ation Commodities at Senior Center # of Households - 476 / # of Peo le in Households - 633 RC Family Resource Center: The table below summarizes Center ProoramsNVorkshoos Attendance for the month of December. Pro ram/Worksho Attendance /Partici ation De artment of Children Services 44 WE CAN Youth Summit 12 Health Care Benefits for All 8 Communit Care Hos ice 8 Children Crisis Res onse Team 2 O lion House 3 House of Ruth Domestic Violence Class 39 Reach Out West End Health Teens 76 Chaffe Adult School ESL 58 Alcohol Anon mous 43 Health Families 10 Matrix Christmas Part 100 Cam Fire USA 14 San Gabriel Colle e 4 Leadin Ladies 18 Winter Wonderland Worksho 200 Youth Accountabilit Board 8 TOTAL 647 The table below summarizes the number of Clients Served by Each Agency Housed at the RCFRC for the month of December. Resource Center Based A encies Clients Served Touch Ministries 10 Beaut for Ashes 10 House of Ruth 2 Ea les Wins 3 TOTAL 25 Volunteers: The table below summarizes the Community Services Department's volunteer usage for the month of November 2008. P83 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PeGE 6 JntvunxY z t, zoo9 Division NOVEMBER 2007 # of # of Vols. Hours $ Value* NOVEMBER 2008 # of # of Vols. Hours $ Value** Administration 5 15 $296 5 15 $330 Senior Services 137 1,639 $32,354 120 1,392 $30,582 Human Services 30 90 $1,777 28 168 $3,691 S orts 81 678 $13,384 100 590 $12,962 S ecial Events 37 162 $3,198 97 487 $10,699 Performin Arts 91 847 $16,720 69 801 $17,598 Teens 55 496 $9,791 18 117 $2,570 Youth Pro rams - $0 - - $0 Totals 436 3,927 $77,519 437 3,570 $78,433 'Based on $19.74/hour- State average as determinetl by the California Independent Sector. "Based on $21.97/hour- State average as determined by the California Independent Sector. Youth Sports: The table below summarizes Youth Sports Activities for the December reporting period: Activit #Partici ants A e/Gender # Teams Northtown Youth Soccer 40 7-14/bo s & irls 4 Northtown Teen Vol. Club NTVC Meetin 15 6 - 12 grade N/A Northtown Teen Vol. Club NTVC -Teen Tri 2 6 - 12 grade N/A Youth Sports Flag football - SCMAF Tourne 22 6-13/boys & girls 2 Youth Volle ball 206 7-16/ ilrs 22 Pee Wee Fall Basketball 222 3-5/bo s & irls 24 CMS Judo 41 7-12 girls & boys N/A RC Family Sports Center: The table below provides drop-in/open plav and rental participation at the Center for the reporting period: Activit #Partici ants Adult Basketball 497 Youth Basketball 555 Adult Rac uetball 522 Youth Rac uetball 122 Adult Volle ball 0 Adult Walle ball 4 Youth Volle ball 37 Youth Walle ball 109 Jazzercise 1125 Rentals 200 Youth Judo 67 Team Basketball Practice 170 P84 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 7 JniwnxY 21, 2009 Adult Sports: The table below summarizes adult sport activities for the reporting period: Activit # Partici ants # Team Gender Softball 2284 166 Males & Females Adult Basketball 186 30 Males Racquetball Soccer Tennis 20 279 9 N/A 28 N/A Males & Females Males & Females Males There were four Adult Softball Tournaments during the month of December at the Epicenter. Special Events: A Snowflake Festival took place during the reporting period. Over the course of 3-days 900 people enjoyed the ice rink at the Cultural Center. Approximately, 3,000 people attended the Snowflake Festival. Date Time Event Location December 12, 2009 5:00 pm -10:00 pm Snowflake Festival -Ice Victoria Gardens Rink opens Cultural Center Bank of America Imagination Court and December 13, 2008 10:00 am - 6:00 pm Snowflake Festival -Ice Victoria Gardens .. . Rink; Snow Play Area; Cultural Center Bank of and Story Time; Craft America Imagination Booths; Giving Trees; Courtyard Snow Queen Crowning; DJ Entertainment and Sto Time and Movie December 14, 2008 10:00 am - 3:00 pm Snowflake Festival -Ice Victoria Gardens Rink Cultural Center Bank of America Imagination Court and Cultural and Performing Arts: Court Yard programs included the following during the reporting period. Activit Partici ants/Attendance Snowflake Festival 3,000 Rental Activities: • The table below and on the following page summarizes rental activities in Celebration Hall at the Cultural Center for the month of December 2008. Celebration Hall Rental Events Date Event Attendance 12/04/08 Radio Event 300 P85 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 8 Jnrr[JnxY 21, 2009 Celebration Hall Rental Events Date Event Attendance 12/4/2008 Volunteer Orientation 20 12/5/2008 Fundraisin event 80 12/7/2008 Christmas Soloist 400 12/8/2008 Healthcare Conference 55 12/9/2008 Healthcare Conference 55 12/10/2008 Board Meetin 12 12/10/2008 Council Team Buildin 16 12/11/2008 Teen Pro ram 25 12/11/2008 Conference 140 12/11/08 State Parks Event 40 12/11/08 Conference 90 12/12/08 Weddin 30 12/15/08 Holida Part 39 12/16/08 Holida Part 100 12/17/08 Libra Sto ime 60 12/19/08 Libra Meetin 50 TOTAL 1,461 Lewis Family Playhouse: During the reporting period, the Lewis Family Playhouse was host to a wide variety of productions community programs and private rentals. The table below summarizes this information for the reporting period: Lewis Famil Pla house Professional) Presented Productions SHOW DATE Tickets Sold NUMBER OF EVENTS Winter Dance Part 12/5/08 480 1 Ri Van Winkle 12/11/08 & 12/12/08 1,173 3 Lula Washin ton 12/28/08 537 1 JG Pu ets: The Nutcracker 12/3/08 456 1 Lewis Famil Pla house Rental Events SHOW DATE Tickets Sold NUMBER OF EVENTS Inland Empire Youth Ballet: The Nutcracker 12/17/08 - 12/20/08 1, 582 4 The table above reflects number of tickets sold for various performances during the reporting period. It does not re/lect actual patrons in attendance. Public Lobby: • The Lobby to the Victoria Gardens Cultural Center is open to the public seven days a week. During the reporting period, local residents visited the public areas. Public Lobby Total: 1,072 P86 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 9 JniwnxY 21, 2009 Parks: • The table on the following page provides usage information for park picnic shelters and special use facilities for the month of December 2008: Park/Shelter Attendance # Rentals Red Hill 403 7 Herita a 235 5 Milliken 70 5 Hermosa 30 1 Da Creek 25 1 Co ote Can on 0 0 Civic Center Court and 0 0 Am hitheatre 0 0 TOTAL 763 79 Equestrian Participants':378 S ectators:75 26 ' Equestrian participants incNOe drop-in use. • Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Equestrian Center: • Staff continues to meet quarterly with users of the Equestrian Center (Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted Patrol) to address maintenance needs and programming. Epicenter Rentals/Activities: • The Public Works Division has scheduled major renovation projects for the Epicenter Stadium during the timeframe of September 215` through December 2008. Park and Recreation Commission: • The Park and Recreation Commission will not meet during December 2008. There next regularly scheduled meeting is on Thursday, January 15, 2009. Items currently scheduled for this meeting include: - Election of Officers. - Administration of Oath of Office to Janet Ryerson, newly appointed Park and Recreation Commissioner. - Presentation of a plaque honoring former Commissioner Martin Dickey for his years of dedicated service. - Consideration of appointments of Park and Recreation Commissioners to various subcommittees. - Consideration of Commissioner's attendance at the 2009 California and Pacific Southwest Recreation and Park Training Conference to be held March 3-6, 2009, in Santa Clara, California. - Review of the Community Services Department's 2007/2008 Program Report. - Presentation of new web based application on RCpark.com promoting "Healthy RC Community Challenge". P87 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 10 JnNUnxY 21, 2009 - Community Services marketing update. - Senior Advisory Committee update. - Sports Advisory Committee update. - Consideration and discussion regarding reclassification of resident and non-resident fees. - Preliminary discussion regarding amendment to the Field Allocation Policy for new user groups. - Consideration of an appointment of Rick Morris to the Senior Advisory Committee. Rancho Cucamonga Community Foundation: The Community Foundation continues to work securing significant donations for the Victoria Gardens Cultural Center. A special meeting of the Community Foundation Board was held on Wednesday, January 14, 2009. The following items were agendized for discussion/action this meeting. - Update on the 2009 Community Foundation Golf Tournament to be held November 16, 2009, at the Red Hill Country Club. - Update and discussion on the 2009 Gala for the Arts to be held on May 16, 2009 at the Cultural Center. - Consideration of Appointments to various Foundation Committees. - Consideration of Community Foundation support of the Fiscal Year 2009-2010 Playhouse season. Services Director I:ICOMMSERVICcuncil&BoardslCityCouncillSfaffReports120091CSD.Update 1.27.09.doc P88 STAFF REPORT ' ENGINEERING SERVICES DEPARTMENT RANCHO Date: January 21,2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A: Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF ENVIRONMENTAL ASSESSMENT FOR DRC2006-00866, LOCATED ON THE NORTH SIDE OF 6TH STREET, WEST OF ETIWANDA AVENUE RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Environmental Assessment for DRC2006-00866. BACKGROUND/ANALYSIS DRC2006-00866, located on the north side of 6th Street, west of Etiwanda Avenue, was submitted on October 2, 2007 fora .Courtesy Review of detailed site plan for a new 500kV substation with 500/220kV transformation, two SOOkV lines and six 220kV lines segments, electrical equipment, structural support, access roads and a control building on 30.78 acres of land in the Heavy Industrial District (Subarea 15). The developer, Southern California Edison Company, is requesting that the City provide the, proper environmental clearance for an installation of a Traffic Signal at Etiwanda Avenue and 6th Street and construction of public improvements at the 6th Street railroad crossing. The Engineering Services Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 (c) exemption under State CEQA Guidelines Section 15301 covers the minor alterations in existing street. The project entails an installation of a Traffic Signal at Etiwanda Avenue and 6th Street and construction of public improvements at the 6th Street railroad crossing. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The City Engineer has reviewed the Staff determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. Respectfully submitted, ~ - ~ ~ t.~~ Steuer Director of Engineering Services/City Engineer MAS:WAV/akt P89 PROJECT. ~_:. J HILLS( E RD ~"' F, (LSO AVE y>=;, w `~:<.; BANY ST a . a ~ '" w .;:. _ > ,!'. ~ ^ ~ ^ C, ¢ HIGHLAN 19TH ST 30 ,g '; ~ _ ~ VICTORIA ~ ~ BASE INE RD ' HUR H S w ~ ~, t~L~~V'''''' m oaoa~o~ ~' W I ~ ~ ~ I ,, d ~ • 105 o CI CARROW (SUMMIT ^f w z a BNSF~RR x 6TH ST A CITY OF RANCHO CUCAMONGA ITEM: ~IPC200~p _oQg~'~ TITLE: VICI/`/~r~ ~~/~ ENGINEERING DIVISION P90 RESOLUTION NO. d C~_ ®I O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT FOR DRC2006 -00866 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has determined that the project DRC2006-00866, located on the north side of 6th Street, west of Etiwanda Avenue, is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines; and WHEREAS, the project qualifies as a Class 1 (c) exemption under State CEQA Guidelines Section 15301 covers minor alterations in existing street; and WHEREAS, the project entails an installation of a Traffic Signal at Etiwanda Avenue and 6th Street and construction of public improvements at the 6th Street railroad crossing; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That there is no substantial evidence that the project will have a significant effect on the environment; and 2. That said installation of said public improvements is categorically exempt from the provisions of CEQA. P91 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMEA~T RANCHO Date: January 21, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director Mark Steuer, Director of Engineering Services/City Engineer By: Jeff Barnes, Parks and Landscape Maintenance Superintendent Jerry Dyer, Senior Civil Engineer Subject: AUTHORIZATION TO AMEND THE FY 2008-09 BUDGET AND APPROPRIATE FUNDS IN THE AMOUNT OF $2,172,000 FOR ADDITIONAL CAPITAL PROJECTS AND MAINTENANCE PROGRAMS LOCATED IN LANDSCAPE MAINTENANCE DISTRICTS 2 (VICTORIA--$250,000), 36 (MEDIANS--$900,000), 4 (TERRA VISTA= $750,000), 9 (LOWER ETIWANDA--$82,000), AND 10 (RANCHO ETIWANDA-- $190,000) TO BE FUNDED FROM EACH LANDSCAPE MAINTENANCE DISTRICT FUND BALANCE RECOMMENDATION It is recommended that the City Council authorize amending the FY 2008-09 budget and appropriate funds in the amount of $2,172,000 for additional capital projects and maintenance programs located in Landscape Maintenance Districts 2 (Victoria--$250,000), 3B (Medians--$900,000), 4 (Terra Vista--$750,000), 9 (Lower Etiwanda-$82,000), and 10 (Rancho Etiwanda-$190,000) to be funded from each landscape maintenance district fund balance. BACKGROUND/ANALYSIS Staff has identified several areas within the listed landscape maintenance districts that require one-time funding for capital maintenance and/or enhancement of the maintenance program: LMD 2 Victoria Project Description Estimated Appropriate funds Status Cost into: Additional funding for landscape maintenance contract $109,000 1131303-5300 Can be started immediately after Discussion: Deferred maintenance CC a royal and a ro riation Additional funding for steel grates $10,000 1131303-5200 Can be started immediately after Discussion: For stock to replace ones that have been CC approval and appropriation stolen Install additional water meter backflow on VPL $20,000 1131303-5603 Can be started immediately after Discussion: To et VPL off of dail waterin CC a royal and a ro riation Do additional sidewalk repairs $87,000 1131303-5300 Can be started immediately after Discussion: Deferred maintenance CC a royal and a ro riation Landscape Maintenance Consultant $15,000 1131303-5300 Can be started immediately after Discussion: To provide direct oversight of capital CC approval and appropriation maintenance ro ram and additional ro'ects Add 2 Calsense controllers $8,000 1131303-5200 Can be started immediately after Discussion: No flow monitoring on one; other is an CC approval and appropriation u rode of existin controller Day Creek/Highland monument cleaning $1,000 1131303-5300 Can be started immediately after Discussion: SEC monument cleanin -additional cleanin CC a royal and a ro riation TOTAL $250,000 P92 AUTHORIZATION TO AMEND'I'H1: IY 2008-09 BUDGGI' AND APPROPRIATE FUNDS IN THE AMOUN'T' OF PAGE 2 $3,172,000 FOR AUUI'1'IONAL CAPITAL PROJECTS AND MAIN'T'ENANCE PROGRAMS LOCA1'EU IN L.ANUSCAPE DfAIN"PENANCE llIS1'RIC'1'S 2 (l']CTORI:1--825Q,000), 3B (MEDLINS--890Q,000), 4 (1'E12I2A VIST TANDARY 21, ?009 LMD 3B (Medians): Estimated Appropriate funds Status Project Description Cost into: New Senior Irrigator $72,000 1133303-5000 Can be adjusted immediately after Discussion: Reallocate this GF osition CC a royal and a ro riation Sidewalk improvements, SEC Foothill Blvd. and Etiwanda $114,400 1133303- In design Ave. 5650/1 6 701 3 3-0 Discussion: Also funded in LMD 9; on-site block wall bein funded throw h RDA. Haven Ave. median island retrofit, 4 St. to 19 St. $713,600 1133303- Design can begin immediately after Discussion: Retrofit median with a more water conscious 5650/1129133-0 CC approval and appropriation design and drought tolerant plants. Retroft will begin at 4~" St. and continue north depending on retrofit method and available fundin . TOTAL $900,000 LMD 4 (Terra Vista): Estimated Appropriate funds Status Project Description Cost into: Sidewalk & hardscape repairs within district $540,000 1134303-5300 Can be started immediately after Discussion: deferred maintenance CC a royal and a ro riation Landscape Maintenance Consultant $10,000 1134303-5300 Can be started immediately after Discussion: To provide direct oversight of capital CC approval and appropriation maintenance ro ram and additional ro'ects Paseo lights-bring above grade $155,000 1134303- Can be started immediately after Discussion: Currently bases are below grade and are 56 50/1 71 61 34-0 CC approval and appropriation constant) rustin out Naturalize plant material at RML Park $45,000 1134303-5300 Can be started immediately after Discussion: To lower maintenance costs CC a royal and a ro riation $750,000 LMD 9 (Lower Etiwanda) Garcia Park: Project Description Estimated Appropriate funds Status Cost into: Additional funds in landscape maintenance contract $15,000 1139303-5300 Can be started immediately after Discussion: New Foothill median was not budgeted this CC approval and appropriation FY Landscape Maintenance Consultant $10,000 1139303-5300 Can be started immediately after Discussion: To provide direct oversight of capital CC approval and appropriation maintenance ro ram and additional ro'ects Sidewalk improvements, SEC Foothill Blvd. and Etiwanda $57,000 1139303- In design Ave. 5650/1 6 71 1 39-0 Discussion: Also funded in LMD 36; on-site block wall bein funded throw h RDA. TOTAL $82,000 P93 AU"I'FIORI"L.ATION'l'O AMBND TFIE E]'2008-09 BUDGE'f AND APPROPRU\TE FUNDS IN-1'HE AMOUNT OF PAGE3 $?,172,000 FOR ADDI"fION~V, CAPITAL PROJECTS AND MAINTENANCE PROGIL\1`fS LOCATED [N LANDSCr\PE i`L1IN'1'I~NANCG DISTRICTS 2 (l'ICTORIA--$25Q,000), 3B (MED G\NS--$900,000), 4 (TERRA VIST JANUARY 21, 2009 LMD 10 (Rancho Etiwanda) Dav Creek Park: Estimated Appropriate funds Status Project Description Cost into: Energy effcient lighting upgrade $80,000 1140303-5602 Can be started immediately after Discussion: for tennis courts CC a royal and a ro riation Resurface tennis courts $70,000 1140303-5602 Can be started immediately after Discussion: court safe CC a royal and a ro riation Re-screen tennis courts $30,000 1140303-5602 Can be started immediately after Discussion: deferred maintenance CC a royal and a ro riation Landscape Maintenance Consultant $10,000 1140303-5300 Can be started immediately after Discussion: To provide direct oversight of capital CC approval and appropriation maintenance ro ram and additional ro'ects TOTAL $190,000 The abovementioned projects for LMD 2, 3B, 4, 9 and 10 were in the planning phases during the completion of the FY 2008-09 budget. The projects were not included, however, as it was necessary to first finish planning and design efforts, review each project with district counsel to verify funding eligibility, and complete the FY 2007-08 Comprehensive Annual Financial Report to verify appropriate levels of reserve and operating funding. Staff has now completed all of the aforementioned efforts and is ready to proceed with the projects. Accordingly, this matter is being brought before the City Council for approval to amend the FY 2008-09 budget and appropriate from fund balance the amounts indicated herein. Upon approval and direction by the City Council, each of these projects are ready to begin immediately. Respectfully submitted, aye Blevins Public Works Services Director DB:JB:jau P94 STAFF REPORT - PUBLIC WORKS SERVICES DEPARTMENT RANCHO Date: January 21, 2009 C;UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Subject: ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $63,000 TO THE APPARENT LOW BIDDER, STARS ELECTRIC OF SAN DIEGO, CALIFORNIA, AND AUTHORIZE 'THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $6,300 AND $8,000 FOR THE DESIGN OF THE WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT PROJECT TO BE FUNDED FROM 1025001-5602 (CAPITAL RESERVE) AND APPROPRIATE $77,300 FROM THE CAPITAL RESERVE FUND BALANCE RECOMMENDATION It is recommended that the City Council accept the bids received, award and authorize the execution of a contract in the amount of $63,000 to the apparent low bidder, Stars Electric of San Diego, California, and authorize the expenditure of a 10% contingency in the amount of $6,300 and $8,000 for the design of the West Beryl Park Sport Light Wire Replacement project to be funded from 1025001-5602 (Capital Reserve) and appropriate $77,300 from the Capital Reserve fund balance. BACKGROUND/ANALYSIS Bids for the subject project were solicited per previous Council action and were opened in the office of the City Clerk at 2:00 P.M. on Tuesday, January 13, 2009 (see attached Bid Summary). Thirteen bids were received, although 3 were determined to be non-responsive. Staff has reviewed all bid documents and found Stars Electric to be the lowest responsive, responsible bidder pending final reference check. After review of the bids and conferring with the city attorney, award of the project was determined by the base bid amount provided by the contractors as per Public Contract Code 20103.8. The project specifications were bid as a standard Public Works contract for the installation of a new load center, wiring and controls for park sports and security lighting related to the sports wire theft that occured around December 1, 2008. As an added security measure, Additive A, which includes the addition of theft-proof, in-ground pull boxes is also included in this award. The project timeline is designed to provide the least possible impact to the sports field and its scheduled activities. Respectfully su miffed, e' Public Works Se ices Director DB:TO:jau P95 Bid Summary West Beryl Park Sport Light Wire Replacement Bidder's Name Base Bid" Additive A Combined Bid Ace Electric, Inc. $53,400 $16,340 $69,740 Ideal Electric-non-responsive $55,000 $0 $55,000 Highlight Electric-non-responsive $56,100 $22,510 $78,610 Rodsin Electric Square, Inc.-non-responsive $29,428 $26,140 $55,568 Ryan Electric, Inc. $41,000 $17,400 $58,400. D & J Foothill Electrical Contractors, Inc. $53,538 $23,707 $77,245 Rymax Electric, Inc. $38,261 $23,840 $62,101 Talcal Engineering, Inc. $74,800 $24,000 $98,800 Manual Bros, Inc. $35,800 $25,200 $61,000 Integrity Electric $39,871 $15,625 $55,496 w r ,~° ~ Stars Electric"7~ ; ' ~?r ~ „~~ -. a. i..`:~ ~ e e~F~~ +f+,,13~,n'il"c~.~ ,. a~ r z,. r» ws ~.'. ~..t Y~ ~, $35,000 ~ ,1. v.~-t'S r ...',1, ~ `~ $28,000 r. uye. _.,,.ca-$,2: .~.x.~ ~T$63 000 ': 3n ~''~o* d w~;~' s'4.~3.`: CHI Construction $55,665 $30,900 $86,565 RMF $36,914 $20,213 $57,127 'Award of bid was determined by the base bid amount as per Public Works Contract Code 20103.8. "Stars Electric apparent lowest responsive, responsible bidder. P96 STAFF REPORT ~-'~ I'NGINEF,RING SERVICES DEPARTbfENT ~(v'~,J RANCHO Date: January 21, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer Subject: APPROVAL FOR AWARD AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $180,061.00 TO AEI-CASC ENGINEERING, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $18,000.00, FOR DESIGN SERVICES FOR WILSON AVENUE EXTENSION - EAST AVENUE TO WARDMAN-BULLOCK ROAD PROJECT, TO BE FUNDED FROM FUND 124 -TRANSPORTATION, ACCOUNT NO. 11243035650/1515124-0 RECOMMENDATION It is recommended the City Council approve an award and execution of a Professional Services Agreement in the amount of $180,061.00 to AEI-CASC Engineering, Inc., and authorize the expenditure of a 10% contingency in the amount of $18,000.00 for Design Services for the Wilson Avenue extension -East Avenue to Wardman-Bullock Road project. BACKGROUNDIANALYSIS Over the years, the Etiwanda area of this City has experienced tremendous growth. The addition of so many new residents has highlighted a need for more direct access to the I-15 Freeway. At present, Etiwanda residents must drive to Banyan Street; turn east to Wardman-Bullock Road, north to Wilson Avenue then east on Wilson/Summit Avenue to reach the I-15 Freeway. Once completed, the extension of Wilson Road from East Avenue to Wardman-Bullock Road would greatly shorten the drive to the I-15 Freeway. An added benefit would be that traffic along Banyan Street, especially near Etiwanda Colony Elementary School and Summit Intermediate Junior High School, would be greatly reduced in the morning. Likewise, the firefighters and paramedics of Fire Station #6 would be able to respond quicker to emergency calls from Etiwanda residents living east of Etiwanda Creek. If awarded, this project will provide the improvement plans, specifications, and cost estimate for the ultimate width construction of Wilson Avenue between East Avenue and Wardman-Bullock Road. The consultant will also provide plans to construct only the backbone section of the street. It is the City's intent to construct only this backbone street section at this time. As development occurs in the vicinity of the street, they will be required to build the street to its ultimate section. The backbone section consists of the raised median, the number one lanes in each direction, and a paved shoulder. AEI-CASC Engineering, Inc. was selected because, having prepared the street alignment and the Environmental Impact Report for this street, as well as the design of portions of the drainage P97 CITY COUNCIL STAFF REPORT SUBJECT: Wilson Avenue Extension from East Avenue to Wardman-Bullock Road January 21, 2009 Page 2 facilities for the Upper Etiwanda Debris Basin, they are the best qualified for the design of this street. The preparation and approval of the design is expected to be a 9-month process. In addition, there may be right-of-way acquisition as part of this project. Respectfully submitted, a uer Director of Engineering Services/City Engineer MAS:WCS Attachments P98 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 20 ,between the City of Rancho Cucamon¢a. a Municipal Corporation (hereinafter referred to as "CITY") and AF_/-CASCEn.~ineerin~, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of Wilson Ave ea-fen.cion franc East Ave to Wnrdnvrrn/Bullock Rd ("Project" hereafter), a full, true and correct copy ofwhich is attached hereto as Exhibit "A" and by this reference made a par[ hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services; a full. true and correct of which proposal is included in Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NO W, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of Gf~iLcon Ave estensinn (ran: Easl Ave to ld~nrdman/Bu/inckRd described in Exhibit "C" hereto including. but not limited to; the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys; reports and documents to CITY as required and attendance at any and all work sessions; public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. c) Completion of Project: The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings as set forth in Exhibit "C" hereto. Page 1 of 16 P99 2. CONSULTANT aerees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "B" and "C" hereto and all in accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, mid format ofsaid documents, as described in Exhibits "A" and "C" to CITY within the time specified in Exhibit "D". Copies ofthe documents shall be in such numbers as are required by Exhibit "C". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CI'T'Y aerees as follows: (a) To pay CONSULTANT a maximum sum of ~180,061.0/I for the performance of the services required I~ereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by C1TY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shal I be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT'S proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 9~% of individual task totals described in Exhibit "B". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT' any sum in excess of 9~% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shal I be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. Page 2 of 16 P100 (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "C" hereof, shall be ' paid. on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time afrer said invoices are received by C[TY. 4. CITY aerees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "C" hereto. (h) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITI' files applicable to the project. (d) Assistance, if necessary, in obtaining information from othetgovernmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. ~. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT, pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT inay; however, make and retain such copies of said documents and materials, as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "B", on a pro-rata basis with respect to the percentage of the Project completed as of [he date of termination. In no event; however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, and whether in .paper (or other conventional formats) and/or electronic (digital forn~at), prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this Paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Page 3 of 16 P101 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall not commence work under this contract until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONSULTANT shall take out and maintain at all times during the life of this Contract the following policies of insurance: (a) Compensation Insurance: Before beginning work, the Contractor shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the CONSULTANT may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. Further, such policy of insurance shall provide that the insurer waives all rights of subrogation against CITY and its elected officials, officers, employees and agents. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "1 am aware ofthe provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and 1 will comply with such provisions before commencing the performance ofwork of this contract." (b) For all operations of the CONSULTANT or any subcontractor in performing the work provided for herein. insurance with the following minimum limits and coverage: (1) Commercial General Liability (occurrence) -for bodily injury. death and property damage for products/completed operations and any and all other activities undertaken by the CON'SUL'pANT in the performance of this Agreement. - or - (2) (Alternative to Commercial General Liability)- Comprehensive; broad form General Public liability (occurrence) -for bodily injury; death and property damage arising out of any activities undertaken by CONSULTANT in the performance of this Agreement. (3) Comprehensive Automobile Liability (occurrence) -for bodily injury, death and property damage insuring against all liability arising out of the use of any vehicle. Page 4 of 16 P1 O2 (4) Professional Errors and Omissions Liability -insuring against all liability arising out of professional errors and/or omissions, providing protection of at least $2,000,000.00 for errors and/or omissions ("malpractice") of CONSULTANT in the performance of this. Agreement. Such policy may be subject to a deductible or retention in an amount acceptable to CITY and shall fw-ther be subject to the provisions ofsubsections (2) and 6) of Section c., below. if a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on CITY's behalf until three (3) years after the date the work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three (3) year extended reporting period endorsement which reinstates all limits for the extended reported period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standard "notice of circumstances" provision. (5) .Other required insurance, endorsements or exclusions as required by the request for proposal. (6) The policies of insurance required in this Section b shall leave no less than the . following limits of coverage: (i) $2,000,000 (One Million Dollars) for bodily injury or death; (ii) $1,000,000 (One Million Dollars) for property damage. (iii) The total ofthe limits specified in subsections (I) and (ii), above, where a combined single limit is provided. (c) The policies of insurance required in subsections (1); and (2) and (3) of Section b., above, shall: (I) Be subject to no deductible amount unless otherwise provided above, or approved in writing by CITY; (2) Be issued by an insurance company approved in writing by CITY, which is admitted and licensed to do business in the State of California and which is rated A+ or better according to the most recent A.M. Best Co. Rating Guide; (3) Names as additional insureds the CITY, its elected officials, officers, employees, attorneys and agents; (4) Specify that it acts as primary insurance and that no insurance held or owned by the desisnated additional insureds shall be called upon [o cover a loss under said policy; (~) Specify that it applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (6) Contain a clause substantially in the following words: Page 5 of 16 P103 "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by CITY ofwritten notice ofsuch cancellation or reduction ofcoverage as evidenced by receipt of a registered letter." (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided; (8) Specify that the insurer waives all rights of subrogation against any of the named additional insureds; and (9) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (10) Otherwise be in form satisfactory to CITY. (d) Prior to commencing performance under this Agreement, the CONSULTANT shall furnish the CITY with original endorsements; or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the CITY before CONSULTANT commences performance. Tf Performance of this Agreement shall extend beyond one (])year, CONSULTANT shall provide CITY with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 9. ]ndemnification: Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against al] tort liability, including liability for claims, suits, actions, expenses or costs of any Kind, whether actual, alle,ed or threatened, actual attorney's fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the performance of this Agreement by CONSULTANT, or any of CONSULTANT's officers, agents, employees or contractors, and which result in bodily injury or property damage to any individual or entity, including the employees or officials of CONSULTANT. In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free and harmless CITY. its elected officials, officers and employees from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney's fees and costs to the extent the same are caused by negligence of CONSULTANT, or any of CONSULTANT'S officers, agents, Page 6 of 16 P104 employees or contractors, in the performance of professional services pursuant to this Agreement. 10. Assignment: No assignment of this Agreement or of any part or obligation of . performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. I 1 . Dama_es: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent ofthe parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of zero dollars ($-0-) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resu Ring from such default, unless said default is caused by C]TY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor. The parties hereto agree that CONSULTANT and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governine Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: in the event any legal proceeding is instituted to enforce any term or provision of the A oreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 15. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement steal I be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. Page 7 of 76 P106 ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES OF Addendum #1 Pursuant to the Department of Industrial Relations' Regulations governing the payment of prevailing wages, the following shall be made a part of the above subject Professional Services Agreement: Pursuant to California Administrative Code, Title 8, Group 3, Payment of Prevailing Wages Upon Public Works, updated March, 1986, Art 2, "Work Subject to Prevailing Wages", sub-paragraph (c) "Field Survevine Projects: Field survey work traditionally covered by collective bargaining agreements is subject to prevailing wage rates when it is integral to the specific public work project in the design, preconstruction, or construction phase." Acknowledgment of Receipt Date Page 9 of 16 P107 EXHIBIT 8 W w w w ~ Q Z Ur wz ao Z Q ~ U >J_ ~ z Z J Q ~ ~ Cn LL O U U U Q U w Q o~ r 3 E 0 ~i N ~ - °nx J n n ~ ~ ;~ s °s.~ - P ~ ~ ~ ~ s ~. ~~ ~ - - - - - o ~ ~ n ~ c ___ _ __ 'j 4{ b v I b e e ~ o ' ~ n d i ,~ R ~ " ,X m u Y ° _ m C ~ O 9 x C .:; O n ~ .n pl a> ~ ~ 5 e _ - _ ° J '- e~ Q ~ ~ ? . p n o N ~ ~ H 9 J 1 m ~ ~ L Q ~ ° E U ~ V e 't. a y J ;J ~ '_ 4i . e d e U 1 O Y Z i ~ G .~ ~ `' c ~ u N J. G ~ _ '3 , _ ~ o ~ J : ~ « y _ _ V Y ~ ~ : ~ ~ ~ i o _ c '~ Z _ ~ Z ~ _ . 3 _ _ f 'r - . _ c ~ y m E ' y ° y e = ~ u U o " t ° 2 t ~ a ~ _ c m c ~ c c E o mo o U ~ E S ° ~ G `~ V e y ~ U o ° tl u ~ ry y o _ o E " f p 3 "~ ' ~" ^ e . ° w° 9 8 C S 2 a E o = " S ° a ~ "a % ~ - v _ _ _ z w 2 ` e ¢^ r{ '• C 6 n ~ ° c y u K C L e ._ u u ~ L' N ~ B a 5 _ ~ ~. .. ~ vi L u II ~ 'e ~7 °. 'n ., - a ' u o ~ qq a ~`c a a D~ s ° o ~ ~ e ~ p ; ;4 o a ¢ p ~ m . ~ v 2 ~ V = y, a t.•, ~ i ~ ~ w o h h d r q 'JY ~ E D ~, ~. ~, ° 9 ' n . u P 6 ~ ~ i i 4. r m ~ n 0 R U Vi ~ v d a J d ~ ~ ~ p ~' Y P C ~ o a a~ u 'L ~ = ~ i' L i - U ~ ~ a c: '' d ~ . .;$ :a og ~T om °S ~~ Page 10 of 16 P108 EXHIBIT A & C lfi~ILSC3fV ~VEfVUE ROAD~//~Y E?~TENSI®I!9 WORK PLAN AND SCOPE OF WORK The following work plan and scope of work is prepared based upon the results of the preliminary engineering and EIR for the Wilson Avenue Roadway Extension from East Avenue to Wardman Bullock Road. The work plan and scope of work demonstrates the logical sequence of events that will occur to achieve a successful project delivery. The work plan was based on our understanding and previous work in the City of Rancho Cucamonga and on similar public work projects for local municipalities. Phase I of this project is considered [o cover the Preliminary Engineering, Environmental studies, EIR, and environmental permitting. Please note that environmental permitting scope and fee was provided in Phase I of [his project and the final permit work will be performed with the Phase Ii work. PIi ASE 2: 100 % PLANS SPECIFICATIONS & ESTIMATE WILSON AVENUE Project Management, Schedules, & Project Controls, Meetings and Coordination: AEI-CASC will provide up to 100 hours ofspecific Project Management coordination time in support of the Phase 2. Time is to be billed only as incurred. Additional time will be billed on a time and material basis in accordance with our standard hourly fee rate schedule. Deliverables: Agenda, Updated Schedules, Meeting minutes, and various supporting documents. Project Processing SBCFCD and MWD AEI-CASC will provide plan processing and project coordination with San Bernardino County Flood Control and MWD for the proposed roadway and drainage improvements. The project plans and specifications will be submitted for construction approval and permits. Project Meetings SBCFCD and MWD AEI-CASC will coordinate and attend meetings with SBCFCD and MWD in association with the processing of the project plans and specifications. It is assumed that six meetings will be required with each agency through the design portion of the project. Environmental Exhibits AEI-CASC will prepare miscellaneous environmental exhibits showing impact areas and proposed grading limits for support in the resource agency processing. Additional time will be provided to support [he environmental permit processing. It is assumed that three exhibits will be required as part of the resource agency permit processing. Rapanos Environmental Delineation (Design Option) AEI-CASC's and it's subconsultan[ Tom Dodson will analysis, perform, and prepare the necessary reports and studies to comply with the Rapanos permit applications associated with the Army Corps of Engineers 404 permit. The delineation and permit application will be prepared for the proposed grading limits associated with the Wilson Avenue roadway improvements. Drainage Analysis and Report: As part of the drainage report AEI-CASC Consulting will collect and review any available of existing drainage reports, documents generated by earlier master drainage plans, available aerial photographs and topographic maps, specific plans for the study areas, environmental information, flooding within the study areas documented by the City staff, and the Cities' general plan documents including land use and zoning data. A general field review of the study areas will be performed to confirm the adequacy of the material and a drainage study performed. Hydrology calculations in conformance with San Bernardino County Flood Control Hydrology Page 11 of 16 P109 manual will be performed for the local drainage areas which are not covered by existing documentation or ultimate master drainage improvements. The existing culvert and roadway drainage will be reviewed and document in the report. Deficiencies in the existing drainage systems will be identified and recommendations provided to the City of Rancho Cucamonga. The drainage report will update to include the hydraulic calculations and any additional drainage calculations performed during the final design phase of the project. Deliverable: Drainage report. Geotechnical Analysis and Support The area to be investigated includes [he proposed roadway alignment associated with the Preliminary Wilson Avenue Roadway Extension Plan. Minor storm drain improvements are also associated with the street improvement project are also proposed at this time. The purpose of [his study will be to determine the existing soil conditions in the area of the subject improvements relative to the supporting subgrade qualities beneath. the proposed pavement section. Based on our findings, pavement recommendations for the subject roadway using the currently assigned Traffic Index (TI) will be formulated. We will also evaluate soil parameters for the related storm drain improvements. The general scope of our services will include: 1. Revie~.v of available data developed for the drainage improvements by the city of Rancho Cucamonga and any additional reports prepared for the project area by other consultants will be reviewed, if provided. 2. Obtain a no fee permit from the CI[y of Rancho Cucamonga for our work in the street (if required) and coordinate the trench locations with AEI-CASC Consulting. It is assumed that a traffic plan is not required. 3. Mark the trench locations prior to contacting Underground Service Alert. 4. Excavate, log, sample and backfill approximately 6 exploratory trenches within specified areas along the proposed portion of Wilson Avenue to anticipated average depths of approximately 12 to 15 feet. 5. Obtain representative samples of the various earth materials encountered within the trenches placed across the project area. 6. Laboratory testing of soil samples obtained during the field Investigation. 7. Development of geotechnical conclusions and recommendations for the proposed street improvements. B. Preparation of a report summarizing our investigation, with our conclusions and recommendations related to construction of the proposed drainage improvements. Selected soil samples will be taken at various intervals from each trench and placed in sealed containers and returned to our laboratory for Cesting and evaluation. During our field investigation our geologist will observe and note pertinent surface features throughout the project area and surrounding areas which -could affect the proposed improvements. Upon completion of our subsurface investigation, laboratory testing will be performed on selected samples to establish. pertinent sail strength parameters. Laboratory tests will likely include, but -not necessarily be limited to: moisture content, in-situ density, maximum density/optimum moisture, sieve analysis, sand equivalent, direct shear, R-value and soluble sulfate content. Page 12 of 16 P110 This scope excludes and detailed geotechnical analysis for MWD including, but not limited to settlement analysis, finite element analysis, additional borings and lab work. Based upon preliminary processing through MWD and coordination with the Clty, this work will not be required. Design Survey Support AEI-CASC will provide up to two days of design survey for the project. The design survey will be utilize to update site modifications since the aerial topographic mapping and for pothole elevations. 65% Complete Plans, Specifications, and Estimate General Plans (Cover, Legend, Notes, etc): Prepare the Title Sheet and Typical Section Sheet showing required information such as location of MWD Pipe Line, Existing Ground, Finished surface, roadway cross slopes, and proposed grading outside street section. Cross Sections will be provided at 100-ft intervals (1 Title Sheet, 1 Typical Section sheet, 4 cross section sheets) 66% Complete Street Improvement Plans: Prepare Street Plan and Profiles showing existing Topo contours, proposed improvements, existing utility information, and details. Street plans will consist of 4 plan and profile sheets showing the ultimate improvements for the project segment. Additionally, an interim design will-be prepared for the roadway improvements. The interim design will consist of only a portion of the roadway construction (i.e, only median construction with one lane in each direction and proposed grading). A total of 2 plan sheets will be utilized for the interim street design. 66% Complete Traffic Signal modification Plans, Signing and Striping, Roadway Lighting Layout Plans: Prepare 20 Scale Traffic Signal Plans, 40-scale Striping Plans, 40-scale Roadway Lighting Plans and 40-scale Traffic Control Plans for the project segment. 66% Complete Drainage Improvement Plans: Prepare Drainage Plan and Profiles showing existing Topo contours, proposed improvements, existing utility information, and details. The storm drain plan for this project will consist of the City of Rancho Cucamonga MDP Line "X" extension from the intersection of Wardman Bullock and Wilson Avenue. Additionally, replacement cross culverts will be designed for the segment adjacent to the existing Etiwanda Debris Basin and an interim drainage channel. A total of 3 Plan and profile sheets, and two drainage detail sheet .will be provided for the plan set. 65% Complete Specifications: Is prepared for the project. 66% Complete Quantities and Cost Estimate: The Quantities and Cost estimate receive a general progress update [o achieve or exceed a 65% level of completion. QA/QC Review: The 65% Complete Plans, memoranda, calculations, etc are reviewed by an independent in house engineer for a QA\QC check. Deliverables: 65% Plans, Specifications, and estimate package are forwarded to the City for review and comment. 2ntl & 3r° Utility Notifications 2ntl Notice -Prepare to Relocate: At the completion of the 66% level plans, [he Second Utility notice is sent to the utility companies. Letters to any utility not responding to the first utility notification will be urged to respond. 3rtl Notice -Notice to Relocate: At the completion of the 95% level plans, the Third Utility notice is sent to the utility companies as described in the RFP. Page 13 of 16 P111 Deliverables: Updated files of letters and responses and spreadsheet Right of Way Legal Descriptions and Plans: - AEI-CASC Consulting will prepare up to six (6) legal description and plat for right-of-way dedication along Wilson Avenue, two (2) legal description and plat for drainage easements and two (2) legal description and plat for temporary construction easements. AEI-CASC Consulting will provide up to twenty (20) hours of coordination and processing time wlth the related agencies to gain approval. Additional time will be billed on a time and material basis in accordance with our s[andaril hourly fee rate schedule. 95% Plans, Specifications and Estimate General Plans (Cover, Legend, Notes, etc): Receives a General Progress Update to achieve or exceed a 95% level of completion. Street Improvement Plans: Receives a General Progress Update [o achieve dr exceed a 95% level of completion. Traffic Signal modif cation Plans, Signing and Striping, Roadway Lighting Layout Plans: Receives a General Progress Update to achieve or exceed a 95% level of completion. Drair~age Improvement Plans: Receives a General Progress Update to achieve or exceed a 95% level of completion. Quantities and Cost Estimate: Receives a General Progress Update to achieve or exceed a 95% level of completion. Specifications: Receives a General Progress Update to achieve- or exceed a 95% level of completion. Constructability Review: The entire plans, specifications, and Estimate receive a review as described in the Project approach and RFP, QA\QC Review: Plans, Specifications, and Estimate receive a review. Deliverables: Once all comments concerning the 95% Complete plan review are addressed, copies of the redline comments and responses to comments, plus copies of the 65% package are forwarded [o the City. l0D% PS&E 100% Plans: Comments from the 95% Reviews are addressed and the plans are considered complete and ready for bid. 100% Specifications: Specifications are considered complete and ready for bid 100% Quantities and Cost Estimate: Cost Estimates and Quantities are considered complete and ready for bid QA/QC Review: PS&E receive one fnal review. Deliverables: Once all comments concerning the 100% Complete plan review are addressed, copies of the redline comments and responses to comments, plus copies of the 100% package are forwarded to the City. Final Approvals and PS&E (Mylars): Plans are approved and Mylars and files are submitted to City Page 14 of 16 P112 as stated in the RFP. Deliverables: Signed Mylar plans and electronic files as described in the RFP. 4`" Utility Notice - To Relocate Immediately: This notice is accompanied~by signed plans for the utility companies to prepare relocation plans if needed. Deliverables: Updated files of letters and responses and spreadsheet Design Engineering Reimbursable Expenses: AEI-CASC will bill Rancho Cucamonga For reimbursable costs associated with Phase 2 100% Completion. The cost will be billed only as incurred. An initial budget of ($4,300.00) is provided. The separation of the reimbursable expenses for 8oz Springs Road and for Ironwood Avenue is provided in [he Project Fee Additional costs will be billed on a time and materials basis in accordance with our standard hourly fee rate schedule and as authorized by [he City. PHASE 3: ADVERTISING AND BIDDING SERVICES AND CONSTRUCTION SUPPORT Project Management, Schedules, & Project Controls: AEI-CASC will provide up to 30 hours of specific Project Management coordination time in support of the Phase 3. Time is to be billed only as incurred. Additional time will be billed on a time and material basis in accordance with our standard hourly fee rate schedule. Construction Support: Pre-Construction Meeting: Is conducted and support provided to the City. Construction Assistance (Clarification/CCO's): Is conducted and support provided to the City. Project Close-Out: Prepare "As-Built" Record Drawings: Is conducted and support provided to the Clty.. Construction Support Reimbursable Expenses: AEI-CASC will bill Rancho Cucamonga for reimbursable costs associated with Phase 3. The cos[ will be billed only as incurred. An initial budget of ($350.00) is provided. The separation of the reimbursable expenses for Box Springs Road and for Ironwood Avenue is provided in the Project Fee. Additional costs will be billed on a _ time and materials basis in accordance with our standard hourly fee rate schedule and as authorized by the City. Page 15 of 16 P113 0 z i n v _ _ _ I ' I sSZ _ x. ~ I Y n ° J N ++~. Ci~ ~~ T I-~} /~ } RSS'C' ~} q~ .. SS3 ~ ~ I ^ ~ ~ m ~ _- S i i • __~ _' __ j _.. ! _~. i _._..,. I __._ > N z ! a m m m- o m rn rn rn m rn m rn rn rn m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ! N ~n r o 0 o m N o n v m y i J d T ~ ~ N ~ ~_~ 6 N LL 4I w Q 4 N ~ p N T C ~ > LL. N a fn L ~ ~ - i Q Q N m m rn rn rn I m m m m rn rn m w m m 0 0 0 o a o 0 0 o a o 0 0 0 0 - N N N m (D l D 1~ O m N (+J n y m LL ~ LL LL LL ~ Q a N N C ~ ~ ~ ~ c Q ~ N N W A d N U O °~ N a` a a d . ° .. m rn c ~ - ~ - _ p E ~, ~ p i o ~ I ~ ~ N v . 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X43` ~J~ S°+y{LY~F":.*!s i ~ h( ~T\~Uy 9 ,s~,,..'~ k }':. ~ a~l~ ~> ' I 1 Y ~, t ~ A` '~ Y ~Rt`. ~ t ~~~ ~~~ n ~ ` ~ PROJECT ~ ~- t ~ ~ , ; 9 , b . ~ q 1 .._ ANT'`~'ir?a a ~~"~ " AV iv t ;' 1 n " +. 7.l ~~$tl~ ~ ~~ ~"3" '~~z ~~:, ~ P + v j~O ~ ~ .. ~t ~ , Y J l~', ~~I~QS-~ J~M R{K f, ~eS Y vCk~d~C j eWi~'*'~T _ .. ..F S a .hl~.'R7 . N4Ta~~ a{ .b.lc'+ r . N~rvy~ . w'ig`"' --99 Ml sm r+~imM r-- -s A V - y~ ~///~~~~ ~~-/~~ ~~ ~f + ^i~N d F a r' ~ yy '~i ~ t gar °H~M1 I Y 1 f.~+l F"^(yk48.w?.~ »fRYi~ 5 ~.. a "~' b ~ I li b} v ~ r A Ju~1iy + i ~ wl ! ml' k ~ ~ ~ ~ H p ppp C~ ~ _ }yJi ~v i ~V~A~~~C~YY ~ si r 71~ ~ Y ff ~ ~ ~~ ~ ~,,,~i^ ~ ~ ~ ~ t I 4 L yy„ : 4 ~ aF ~ iW mA Y I~ ~ '.9'("` i ., ~- if r~A^4 V F .~ u'~ L f i i3~ ~ ` ~ ~ ~ ~il r r '\w'jy 2 6>~ { Yt~ F= rR` C ~ ~, Tk "~ . ~ s~~l'j . F`~ ~~~ d `~ V ~ .3 \~°. W i r > r ~ ~~~ Q rF ~ ja ~ ~ .< 1 aLY "',ux~ I ~ Ta E a ~, %.,~a~ ~n { T i ~ i~ .~ -,4, G x ~;~4iy "-.-..- W ~ ry3 r'f ~+N~ tom. x ' "`~',z l k~~ -~ j~ u , .c~~~ ~ ,, -~'~~ ~ ~-^~ 7~~ ~ tr, fa, ""~~' '~ ~ ~ 3 ' < y { •k l' l~~~tw ~ i3 : 3 ~ t -% I-. ~y~p ~'S ~ Vicinity Map Wilson Ave. extension from East Ave. to Wardman/Bullock Rd. P114 P115 STAFF REPORT ' I]NGINEERING SER\'ICEti DEPARTb4ENT RANCHO Date: January 21, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Enginee~ Subject: APPROVAL TO AWARD AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT TO ARCHITERRA DESIGN GROUP, INC. FOR LANDSCAPE DESIGN SERVICES, FOR THE CONSTRUCTION OF LANDSCAPING AND TRAIL IMPROVEMENTS ON WILSON AVENUE BETWEEN CARNELIAN AVENUE AND 1,400 FEET EAST OF CARNELIAN AVENUE, TO BE FUNDED FROM ACCOUNT NO. 11103165650/1364110-0 (FUND 110 -BEAUTIFICATION) FOR THE AMOUNT OF $26,070.00 ($23,700.00 PLUS CONTINGENCY OF $2,370.00) RECOMMENDATION It is recommended the City Council award and approve the Professional Services Agreement in the amount of $23,700.00 to Architerra Design Group and authorize the expenditure of a 10% contingency in the amount of $2,370.00 to provide landscape design services for the construction of landscaping and trail on Wilson Avenue between Carnelian Avenue and 1,400 feet east of Carnelian Avenue, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUNDIANALYSIS This project will design landscaping on the south side of Wilson Avenue between Carnelian Avenue and 1,400 feet east of Carnelian Avenue. In addition, it will design a trail on the north side of Wilson Avenue which will link the Demens Channel trail with the existing trail on the north side of Wilson Avenue east of Carnelian Avenue. The design will also include landscaping and trail on the east side of Carnelian Avenue to Brilliant Lane, just south of Wilson Avenue. While this action is to award a landscape and trail design, the construction of these improvements will accompany the installation of street lights within the project limits, as well as a pavement overlay on Wilson Avenue. The proposal from Architerra Design Group met all of the City's requirements. The firm is uniquely aware of the problems inherent to the site and has a great deal of information already generated in their records that will be used for this project. Respectfully submitted, ark A, teuer Director of Engineering Services/City Engineer MAS:WCS Attachments P116 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 20_, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Arclriterrn Design Group, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of Wilson Ave landscnpinp from Carnelian Ave to east o(Cnrne/ian Ave ("Project" hereafter), a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a frill, true and correct of which proposal is included in Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to rcndcr advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, TI-IEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. ] . Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Protect: The preparation of Wilson Ave landscaping from Canzelian Ave to east of Cmnelinn Ane described in Exhibit "C" hereto including, but not limited to, the preparation of maps, surveys, reports; and documents, the presentation, both oral and in writing, of such plans; maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services. as are necessary to be performed by CONSULTANT in order to complete the project. c) Completion of Project: The date of completion of all phases of the project, including any aitd all procedures, development plans, maps; surveys, plan documents, technical reports, meetings; oral presentations and attendance by CONSULTANT at public hearings as set Forth in Exhibit "C" hereto. 1 of 19 P117 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "B" and "C" hereto and all in accordance with Federal, State and CITY statutes, regulations; ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps; surveys, reports, plans and documents (hereinafter collectively referred to as "documents")including all supplemental technical documents, and format of said documents, as described in Exhibits "A" and "C" to CITY within the time specified in Exhibit "D". Copies of the documents shall be in such numbers as are required by Exhibit "C". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $23, 700.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT'S proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibit "B" (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 9~% of the maximum payable hereunder prior to receipt by CITY of al] fnal documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. 2of 19 P118 (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "C" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY aerees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "C" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance; if necessary; in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. ~. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models; photographs and reports prepared by CONSULTANT, pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials; as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date oftermination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "B", on a pro-rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximwn specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, and whether in paper (or other conventional formats) and/or electronic (digital format), prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. ~ Notices and Desienated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this Paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: 3 of 19 P119 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. Insw~ance: CONSULTANT shall not commence work under this contract until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONSULTANT shall take out and maintain at all times during the life of this Contract the following policies of insurance: (a) Compensation Insurance: Before beginning work, the Contractor shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the CONSULTANT may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during.the period covered by this contract. Further; such policy of insurance shall provide that the insurer waives all rights of subrogation against CITY and its elected officials, officers, employees and aeents. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification asfollows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." (b) For all operations of the CONSULTANT or any subcontractor in performing the work provided for herein; insurance with the following minimum limits and coverage: (1) Commercial Genera] Liability (occurrence) -for bodily injury, death and property damage For products/completed operations and any and all other activities undertaken by the CONSULTANT in the performance of this Agreement. - or - (2) (Alternative to Commercial General Liability) -Comprehensive, broad form General Public liability (occurrence) -for bodily injury, death and property damage arising out of any activities undertaken by CONSULTANT in the performance of this Agreement. (3) Comprehensive Automobile Liability (occurrence) -for bodily injury; death and property damage insuring against all liability arising out of the use of any vehicle. 4 of 19 P120 (4) Professional Errors and Omissions Liability -insuring against all liability arising out of professional errors and/or omissions, providing protection. of at least $2,000,000.00 for errors and/or omissions ("malpractice") of CONSULTANT in the performance of this Agreement Such policy may be subject to a deductible or retention in an amount acceptable to CITY and shall further be subject to the provisions of subsections (2) and 6) of Section c., below. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on CITY's behalf until three (3) years after the date the work or services are accepted as completed. Coverage for the post-completion period inay be provided by renewal or replacement of the policy for each of the three (3) years or by a three (3) year extended reporting period endorsement which reinstates all limits for the extended reported period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standard "notice of circumstances" provision. (5) Other required insurance, endorsements or exclusions as required by the request for proposal. (6) The policies of insurance required in this Section b shall have no less than the following limits of coverage: (i) $2,000;000 (One Million Dollars) for bodily injury or death; (ii) $1,000,000 (One Million Dollars) for property damage. (iii) The total of the limits specified in subsections (I) and (ii), above, where a combined single limit is provided. (c) The policies of insurance required in subsections (l ), and (2) and (3) of Section b., above. shall: (1) Be subject to no deductible amount unless otherwise provided above, or approved in writing by CITY; (2) Be issued by an insurance company approved in writing by CITY, which is admitted and licensed to do business in the State of California and which is rated A+ or better according to the most recent A.M. Best Co. Rating Guide; (3) Names as additional insureds the CITY, its elected officials, officers, employees, attorneys and agents; (4) Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (5) Specify that it applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (6) Contain a clause substantially in the following words: S of 19 P121 "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by CITY of written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided; (8) Specify that the insurer waives all rights of subrogation against any of the named additional insureds: and (9) Specify that any and all costs of adjusting and/or defending any claim against any insw-ed, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (10) Otherwise be in form satisfactory to CITY. (d) Prior to conunencing performance under this Agreement the CONSULTANT shall furnish the CITY with original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf All endorsements or policies shall be received and approved by the CITY before CONSULTANT commences performance. If Performance of this Agreement shall extend beyond one (1) year, CONSULTANT shall provide CITY with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 9. Indemnification: Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against all tort liability, iuchfding liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened. actual attomey's fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the performance of this Agreement by CONSULTANT, or any of CONSULTANT'S officers, agents, employees or contractors; and which result in bodily injury or property damage to any individual or entity; including the employees or officials of CONSULTANT. In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free and harmless CITY, its elected officials, officers and employees from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney's fees and costs to the extent the same are caused by negligence of CONSULTANT; or any of CONSULTANT`S officers, agents, 6 of 19 P122 employees or contractors, in the performance of professional services pursuant to this Agreement. ] 0. Assigmnent: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damaees: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty; the sum of zero dollars ($-0-) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employees; officers and agents aze independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's tees: In the event any legal proceeding is instituted to enforce any term or provision of the A_reement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 15. Entire Agreement: This Agreement supersedes any and all other aereements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this A~~reement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 7 of 19 P123 IN V/ITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT: CITY OF RANCHO CUCAMONGA A Municipal Corporation Donald J Kurth. M.D., Mayor ATTEST: ,lanice C Reynolds, City Clerk Recommended for Approval: Mark A Steuer Director Engineering Services/City Engineer Date Date Date Approved as to form: City Attorney REV: 06/20/02 8 of 19 P124 ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES OF Addendum #1 Pursuant to the Department ofIndustrial Relations' Regulations governing thepaynient ofprevailing wages, the following shall be made a part of the above subject Professional Services Agreement: Pursuant to California Administrative Code, Title 8, Group 3, Payment of Prevailing Waves Upon Public Works, updated March, 1986. Art 2, "Work Subject to Prevailing Wages", sub-paragraph (c) "Field Survevine Proiects: Field survey work traditionally covered by collective bargaining agreements is subject to prevailing wage rates when it is integral to the specific public work project in the design, preconstruction, or construction phase." Acknowledgment of Receipt Date 9 of 19 December 23, 2008 Revised January 6, 2009 Mr. Walt Sfickney Associate Engineer/Projeef Manager Cify of Rancho Cucamonga bO50Q Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 RE. LANDSCAPc ARCN1rECTURAL SER,V/CES PROPOSA'l, WILSON ,4VE & CARNELIAN STREET LMD.IM' PROVEMENTS; RANCHO CUCA/u10NGA, CA' Dear Mr'. Stidtfieg: , We are pleased tb submi't this proposal for Landscape Architectural Services iri': connection with the project referenced: above. This agreement Is by arid between. Architerra Design Group; Inc, (ADG)!: and. Lily of Rancho Cucamonga (C~ient}'. `PROJECT OVERVIEW ' ADG shall provide professional services on tlje project referenced above: The' extent of which may be generallyy described as~fhe preparation of Conceptual Design; and'- Construction Documents to[ tMD maintained Reverse Frontage'Icaridscape, irrigation. and; hardscape. improvements.. The Project area identified by Mr. Stickney of our meeting on December 16 , 2008, and as addressed by this-proposal includes:' 1`. The, Nortft acid Soritfi side of Wrfson Ave, from the inlerseetio» of Carnelian ~Stree6' on the West (Statron point O+DOJ, to Station point 73+97.37 (ppprox 1,400 hf.J ' on the East:: Both sides of the slreeF consist of an approx. )0' wide reverse frontage parkway wftft existing; perimeter' walls;. sidewalks and dirt plpnter areas: hnprov=menu addressed by our plans for the North side of tfe street will iriclude. the removal of the: existing ~6` wide concrete walkway' adjacent fo the R.O. W: perimeter wal{, replacement of the walkway and existing dirt parkway with a 9%z' wide decomposed granite equestrian trail and trail fencing., Existing street.f~eeS: will remaio-: iri the parkway strip and' be supplemented: with new' Iron Bark Eucalyptus trees planted within the decomposed granite frail'. The exishng~!`and;new street trees will be irngdted with deep roof bubblers as req"used. Additionally; we discussed placing small vine pockets for Boston .Ivy af,tfie base of the'exisnng. ' R_O. W. wall. to discourage graffiti, The. vines will also be• irrigated with a bubbler sysfern. I.J /_:I ~.~. it ..-:. ~ -... i~''t3 `U C i.. ;FGf 16'ofAf9',.~1 J 'h? ~ ,.. ~ i ....':1 .'i' P126 City of Rancho Cucamonga Wilson Ave & Carnelian Stroet Improvement Proposal . Page 2 of 10 On the South side of the street, the existing t 5' wide concrete walkway adjacent to the R.O.W. perimeter wall will remain and the t5' wide street adjacent parkway planter strip will be improved with cobble paving, irrigation and planting as appropriate to fill the existing planting area. Existing street trees will remain in the parkway strip and be supplemented with new Iron Bark Eucalyptus trues as required. 2. The East side of Carnelian St., from the intersection with Wilson Ave., South to Brilliant Street a roximatel 350' f. f. of a 20' wide reverse frontage parkwa . p The existing par way includes a perimeter wall, a sidewalk to remain and dirt planter areas. Improvements addressed by the completed plans will include a new decomposed granite equestrian trail to be laced between the existing sidewalk and perimeter wall, limited equestrian frail fencing adjacent to the existing walkway to remain. The existing parkway planter strip will be improved with cobble paving, irrigation and planting as appropriate to fill the existing planting area. The landscape, irrigation and hardscape improvements for the Wilson -Ave. and Carnelian St. frontage will be consistent with current City LMD design standards. As directed by the Client, there will not be any grading or drainage. improvements beyond the existing condition. SCOPE OF SERVICES ADG agrees to perform professional services for the Client as set forth below for the Basic Fee as indicated: A. Conceptual Design Phase To Include: 1 . Project Kick-Off meeting. 2. Site Visit/Field Inventory. 3. Program Development 4. Preparation of informal tissue design overlay sketches illustrating the general equestrian trail, trail fencing, landscape and cobble hardscape design For review and comment by Client. Design sketches will also be used to discuss initial construction budgets. The City supplied topographic survey for the project areas will be used as the base sheets for the design overlays. 5. Based on Client feedback from the tissue design overlay sketches, ADG will prepare CAD Design Development Base Sheets integrating the City supplied base sheet of existing conditions and the proposed cobble and boulder design layout. Base sheets to be on City Title blocks at 20 scale, 24"x36" j3j sheets required. Base sheets to be provided to Client for final design approval. 6. Preparation of budgetary estimate of probable construction cost. 7. Client Consultant design progress review meetings (2j. 8. Project Administration jWeekly Status Report and Project Schedulingj. 9. Telephone Consultation. 11 of~9 P127 Ciry of Rancho Cucomonga Wilson Ave & Carnelian Street Improvement Proposol Page 3 of 10 B. Construction Document Phase to Include: 1. Title Sheet Preparation. 2. Construction Plan Preparation for layout of equestrian trail, trail fencing, vine pockets, cobble and boulders, 3 sheets. 3. Construction Detail Preparation. 4. Irrigation Plan Preparation, 3 sheets. 5. Irrigation Detail Preparation. 6. Preparation of 3 Design Cross Sections of Reverse Frontage areas. 7. Tree, Shrub, Vine and Ground Cover Planting Plan Preparation, 3 sheets. 8. Planting Detail Preparation. 9. Construction Specifications. 10. Irrigation & Planting Specifications. 1 1. Client/ ADG Progress Meeting. {1) 12. Agency Plan Check Corrections. 13. Project Administration (Preparation of Weekly Status Report and Project Scheduling). 14. Telephone Consultation. 15. Utility Research (Irrigation Point of Connection, Pressure). 1 b. Preparation of Final Estimate of Probable Construction Cost based upon completed Construction Documents. 17. Agency Processing. C. Bidding Phase: 1. Bidding assistance will be provided to the Client on an hourly as requested, or negotiated lump sum fee basis. D. Construction Observation Phase: Construction observation services will be provided to the Client on an hourly as requested, or negotiated lump sum fee basis. If the Scope of the Project as outlined above is changed materially, the Basic Fee shall be changed in the same proportion. Fees and Terms Services described above shall be provided for in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated and made a part of this Agreement by reference. 12 of 19 P128 Ciy of Rancho Cucamonga Wilson Ave & Carnelian Street Improvement Propowl Page 4 of 10 We estimate the following fee breakdown by Phase: A. Conceptual Design: B. Construction Documents: C. Bidding & Negotiation: D. Construction Observation: Professional Fee Total: Estimated Reimbursable Expenses* Estimated Fee Total: * *We estimate /hot The cost of Reimbursable be approximately the amount noted above. on the demands/needs of the Client. $5,125.00 $16,575.00 Hourly as Requested Hourly as Requested $21,700.00 $2,000.00 $23,700.00 Expenses, as identified in Appendix A, will Reimbursable Expenses incurred are based General Work Program and Time Table Architerra Design Group proposes the Following timetable for completion of Phis Project after receipt of all necessary information from Client or Client's Consultants as listed under "Owners/Architects Responsibility". TASK PHASE WEEKS I Conceptual Design Phase 2-3 II Construction Document Phase 45 ADG shall render its services as expeditiously as is consistent with professional skill and care. ADG shall not be responsible for delays that may occur due to causes beyond ADG's reasonable control. Development Budgets A. As part of the Conceptual Design Phase, a proposed development budget for all items of work under the scope of services shall be established and approved. B. This development budget shall be revised and approved at the completion of Design Development Phase and Working Drawing Phase. C. In the event that this development budget is reduced or increased by more Phan 10% between the time of approval of the landscape concept phase and time of award of a construction contract, cost of.modification of drawings and specifications to meet the revised project budget shall be considered Additional Services. Design Approval Mr. Walt Stickney has been designated as the person responsifile for design direction to ADG for this Project and has the authority for design approval. In the event that the design, as approved by Mr. Stickney is rejected by others, and redesign is required, such redesign shall be compensated as Additional Services. 13 of 19 P129 City of Rancho Cucamonga Wilson Ave & Carnelian Sfreel Improvement Propow Page 5 of 10 Meetings Ancl Site Visits This Agreement includes Professional Service time for up to four (4) meetin s for coordination with Client, a encies, or consultants. Additional meetings shall be biped as Additional Services. Travel expenses shall be billed as Reimbursable Expenses. Owners/Architects Responsibility Client shall provide the following information, documents, or services as required For performance of the work. ADG is entitled to rely upon the accuracy and completeness of such information, documents, and services, and shall not be liable for errors or omissions therein. Should ADG be required to provide services in obtaining or coordinating compilation of any such information, drawings, or services shall be charged as Additional Services. 1 . ALTA survey of project areas with existing hardscape, curbs, utilities, trees, structures, easements, elevation grades and property lines. 2. Rough and precise grading plan for project site. 3. Soils testing and/or engineering. 4. Existing site engineering and utility base information. 5. Engineering other than that provided within the Scope of Services. b. Agency processing of completed plans. We would. be pleased to answer any questions- you may have to clarify the various points above. If the proposal meets with your a proval, please sign below where indicated and return one copy for our files. I look forward to working with you on this project. Yours, Design Group, President CA RLA #283 Accepted: City of Rancho Cucamonga Title: Date: 14 of 19 P130 City of Rancho Cucamonga Wilson Ave & Carnelian Sheef Improvement Proposal Page 6 of 10 APPENDIX A Attached to and part of Agreement for Professional Services between Architerra Design Group, Inc. IADGJ, and City of Rancho Cucamonga dated December 23, 2008, revised January b, 2009. Fees for Professional Services Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the Agreement For Landscape Architectural Services. Reimbursable Expenses • The following costs shall be reimbursed at cost plus .15% and are not included in the Basic Fee for Services: • Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions. • All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. • Cost of postage and shipping expenses other than first class mail. • Photographic services, film and processing. • Cost of models, special tendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by Client. • Agency Processing and fees aid for securing approval of agencies having jurisdiction over the Project. Plan check fees, variance applications, etc.J. • Fees for additional special consultants retained with the approval of Client. Additional Services ADG may incur expenses and costs, which are not included in the Basic Fee for Services. If authorized by the Client and confirmed by ADG, ADG will perform said Additional Services on a time and material basis, according to the following schedule: Principal $150.00/Hour Director of Design $125.00/Hour Project Manager $95.00/Hour Landscape Designer $70.00/Hour Clerical $45.00/Hour Additional Services Include but are not limited to: 1. Making planning surveys, feasibility studies, and special analyses of Client's needs to clarify requirements for project programming. 2. Master planning. 3. Site Planning. 15 of 19 P131 Ciy of Rancho Cucamonga Wilson Ave 8 Carnelian Sheet Improvement Proposal ' Page 7 of 10 4. Revisions and changes in approved drawings and the preparation alternatives or deductive change orders requested by Client. 5. Services with respect to replacement of any work damaged during - construction. 6. Services required as a result of the default or insolvency of the contractor. 7. Preparation of record drawings or of measured drawings of existing conditions. 8. Providing prolonged construction observation should the construction time be substantially extended through no fault of ADG. 9. Opinions of probable construction costs. 10. Agency processing of completed plans if requested by Client. If the duration of the Project continues past one year from the date of signing this Agreement, ADG shall have the right to increase the hourly rate for Additional Services. Overtime Requests It is ADG's responsibility to schedule the Project's completion under normal conditions without the use of the staff on an overtime basis. If the Client adI'usts the deadline or requests that the work be completed earlier than originally scheduled, requiring overtime, the fees shall be ad'Iusted to cover the increased costs incurred by ADG. The hourly rates for overtime will be one and one-half (1-1 /2) times the hourly rates listed above. Billing Procedures A. All billing shall be done on a monthly basis. Invoices shall include charges for Basic Services rendered to date of invoice and Reimbursable Expenses supported by an itemized description. B. Retainer: ADG'shall be compensated an amount equal to 10% of the total fee at the time of acceptance of the proposal. C. Invoices for Additional Services shall be submitted on a monthly basis, supported by an itemized description. D. All invoices are due and payable upon receipt. Whenever the account is delinquent (30 days pass due), ADG may suspend without any resulting liability, any further services called for this Agreement until said account is made current. Not withstanding this provision, ADG may continue work beyond the time which ADG could have suspended the work without waiving it's right hereunder. Opinions of Probable Construction Costs ADG has no control over the cost of Tabor, materials, or equipment, or over the Contractor's method of determining prices, or over competitive bidding or market conditions. Any Construction Cost estimates provided for herein are to be made on the basis of ADG's experience and qualifications. These opinions represent ADG's best judgment due to our familiarity with the construction industry. However, ADG cannot and does not guarantee_that proposals, bids, or the construction cost will not vary from estimates prepared by ADG. If the Client wishes greater assurance as to the construction cost, the Client shall employ an independent cost estimator. 16 of 19 P132 Ciy of Roncho Cuwmongo Wilson Ave & Carnelian slreel Improvement Proposal Page 8 of 10 Miscellaneous Provisions This agreement is the entire and integrated agreement between Client and 'ADG and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and ADG. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. Neither Client nor ADG shall assign this agreement without the written consent of the other. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. Ownership of Documents The client acknowledges ADG's original drawings and construction documents, as instruments of professional service. Nevertheless, fhe plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the work and payment in full, all monies due to ADG. The client shall not reuse or make any modifications to the plans and specifications without the written authorization of ADG. The Client agrees to the fullest extent permitted by law, to indemnify and hold ADG harmless from any claim, damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising or allegedly arising out of any unauthorized reuse or any modification of ADG's instruments of services by the client or any person or entity that acquires or obtains the plans and specifications from or through the Client without the written authorization of the Consultant Indemnification Architerra Design Group agrees, to the fullest extent permined by law, fo indemnify and hold the Client harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by Architerra design Group's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom Architerra Design Group is legally liable. The Client agrees, to the fullest extent permitted by Law, to indemnify and hold Architerra Design Group harmless from any damage, liability or cost (including reasonable atorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors or omissions and those of his or her contractors, sub-consultants or consultants'or anyone for whom the Client is legally liable, and arising from the project that is the subject of this agreement. Architerra Design Group is not obligated to indemnify the Client in any manner whatsoever for the Client's own negligence. 17 of 19 P133 City of Rancho Cucomonga Wilson Ave & Carnation street Improvement Proposal Poge 9 of'10 Dispute Resolution Client and ADG agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event, shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. Project Promotion Client shall credit ADG's name in any project brochures, .job signs, trade journal news releases or other promotional efforts when appropriate, and allow and reasonably cooperate in ADG's efforts to publicize its involvement with the Project. Hazardous Waste Client shall indemnify and hold harmless ADG and its consultants, agents, and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited to Fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by ADG, or claims against ADG arising from the work of others, related to hazardous waste. The above indemnification provision extends to claims aggainst ADG which arise out of, are related to, or are based upon, the dispersal, dischar e, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic-chemicals, liquids, .gasses or any other material, irritant contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface soil, water or watercourses, objects, or any tangible or intangible matter, whether sudden or not. Limitation of Liability The Client understands and acknowledges that the desiggn and construction process for this project poses certain risks to both ADG and the Client. The Client further understands and acknowledges that the amount of risk that ADG can accept is tied, in part, to the amount of compensation received for services rendered. ADG's fee for the services offered is based on the Client's agreement to limit the ADG's liability as described below. The Client further acknowledges that were it not for this promise to limit ADG's liability, ADG's compensation would need to increase to address the risks posed by the project. The Client, therefore acknowledging its right to discuss this provision with legal counsel experienced in the design and construction process, as well as other design professionals, voluntarily agrees that, to the fullest extent permitted by law, ADG's total liability to the Client for any and all injuries, claims, liabilities, losses, costs, expenses or damages whatsoever arising out of or in any way related to the protect or this Agreement for any cause or causes including, but not limited to, ADG's negligence, errors, omissions or breach of contract, shall not exceed the total amount of compensation received under this Agreement. This limitation of liability shall a ply to the Client's claims for damages as well as the Client's Claims for contributiori and indemnity with respect to third party claims. ~aorrs P134 Ciy of Rancho Cucomonga Wilson Ave & Carnelian Street Improvement Propowl Page 10 of 10 Means and Methods ADG shall not have control over or charge of and shall not be resporisible for construction means, methods, techniques, sequences or procedures, or for safety precautions and proggrams in connection with the Work, since these are- solely the Contractor's tesponsibility under the Contract for .Construction. ADG shall not be responsible for the Contractor's schedules for failure to carry out the Work in accordance with the Contract Documents. ADG shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. Law This Agreement shall be interpreted and enforced according to the laws of the State of California. Termination It is understood that these services may be terminated upon 10 days' written notice for cause by either party. In this event, ADG shall be compensated for all work-performed prior to date of termination at the rates set forth above. Revocation This proposal shall be considered revoked if acceptance is not received within 60 Boys of the date hereof. State Regulations Landscape architects are licensed by the State of California. END. 19 of 19 Vicinity Map Wilson Ave. landscaping and trail Carnelian Ave. to 1,400 ft east of Carnelian Ave P136 STAFF REPORT ENGINEERING SERVICES DEPARTMENT ~ - ~^~rr' RANCHO Date: January 21, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Erica Darplee, Management Analyst II Susanna Smith, Management Aide Subject: APPROVAL TO AWARD AND AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT TO ASTRUM UTILITY SERVICES, LLC WHICH WILL PROVIDE PROFESSIONAL SERVICES WITH RESPECT TO THE PROVISION OF ELECTRIC SERVICE, INCLUDING RESOURCE PLANNING, ELECTRIC TARIFF MONITORING, AND OPERATION AND ADMINISTRATIVE SERVICES FOR THE AMOUNT OF $75,000 TO BE FUNDED FROM ACCOUNT 1705303-5309. RECOMMENDATION It is recommended that the City Council approve and authorize the execution of a Professional Services Agreement with Antrum Utility Services, LLC and to appropriate corresponding funds for the remainder of FY 08/09 - $75,000 -for consulting services for the Rancho Cucamonga; to be funded from Acct No: 1705303-5309, Municipal U51ity Account balance. BACKGROUND/ANALYSIS On August 31, 2001, the Rancho Cucamonga City Council authorized the creation and operation of a municipally-owned utility for the purpose of providing electric utility services, thus establishing the Rancho Cucamonga Municipal Utility (RCMU). The Rancho Cucamonga Municipal Utility distributes electricity to its customers via 20 circuit miles of wire spread across the roughly 4 square miles serviced by RCMU. Since its inception, RCMU has utilized the consulting services of Antrum Utility Services, LLC. In the past Antrum has provided start-up consultation and needs assessments, negotiation with developers and electric wholesalers on the City's behalf, and basic operations and administrative support to verify tariffs, customer billing data and the demarcation of utility policies. RCMU seeks to continue using the consulting services of Antrum Utility Services, LLC, as Antrum is well-versed on the background and needs of RCMU. Antrum will continue to provide resource planning, tariff monitoring, scheduling services and true-up verification, and operation and administrative services for a period of 2.years per the updated Agreement. It is recommended that the City Council approve and authorize the execution of this Agreement and the appropriation of corresponding funds for the remainder of FY 08/09 for the continued consulting services of Antrum Utility Services, LLC. P137 CITY COUNCIL STAFF REPORT Re: Approval and Execution of PSA with Astrum Utility Services, LLC and Appropriation of Corresponding Funds. January 21, 2009 Paae 2 Respectfully submitted, er Director of Engineering Services/City Engineer Attachments: Professional Services Agreement P138 STAFF REPORT t_ ADMINISTRdTIVE SERVICES DEPdRTMENT ~ RANCHO Date: January 21, 2009 CjUGAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Services-- By: Dawn Haddon, Purchasing Manager ~JK~ ~- Subject: APPROVAL OF A CONTRACT FOR A LICENSE AGREEMENT AND A PROFESSIONAL SERVICES AGREEMENT WITH CIVICA SOFTWARE IN THE AMOUNT OF $133,830; AUTHORIZATION FOR THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $13,380. RECOMMENDATION It is recommended that the City Council approve a contract for development of a new City-wide website and Intranet site with Pixelpushers dba Civica Software in the amount of $133,380 and authorize a contingency of 10% for $13,380. BACKGROUND Maintaining and expanding the City's Internet presence and e-business applications is an important goal of the City Council. In order to advance this goal, City staff has identified a vital need to ensure that information is easily accessible, accurate and relevant for all users of the City's Website. In Spring 2007, the City determined that a major website redesign and enhancement was needed. A Request for Proposal was issued in the Fall of 2007 and proposals were received from ten vendors, specializing in website design and implementation in the public sector. A selection team was formed from the City Manager's Office, Administrative Services, Information Services and Purchasing to review all proposals and conduct initial interviews. After narrowing the field to two top vendors through the interviews and reference checks, the selection team was broadened to include representatives from all departments. After careful review of all issues, Civica Software was identified as the best vendor able to achieve the City's goal of a portal interface to all City services and information. Civica Software is a leader in providing website design and content management systems that allow staff to continually enhance the features required to meet any city's growing and expanding needs. Local cities served by Civica Software include Chino, Ontario, Lakewood, Irvine,, and Rancho Santa Margarita. In addition to providing the current level of website services, the City team envisions creating a portal that would entail user-configurable content based on pre-defined choices. The City would provide the main home page, but visitors could also register for portal access such as "My RC" where they would customize their web content to meet their unique needs. The level of integration would largely involve adding user-selected web links and merging calendar events to custom tailor web content relevant to the interest of an individual. This portal approach to government services and information is unique in the local area, able to set Rancho Cucamonga apart from other cities, while still meeting all core functions of its residents and constituents. P139 CIVICA SGb'I'lC/ARE AGREE~fL'N'1'~P12O1~ESSIONAL SERV ICES AGREEDIEN'I' APPROV.\1, PAGE 2 JANU:vir 21, ?009 Given the City's strong desire to rethink the way constituents access City data and information, Civica Software uniquely understood the challenge facing the City to rethink how to best address this need. Therefore, staff recommends that Civica Software be utilized for the City's website redesign and implementation. P140 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer , RANCHO C,UCAMONGA Subject: APPROVAL OF A JOINT USE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SOUTHERN CALIFORNIA EDISON COMPANY FOR PARCEL MAP 17594, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE, SUBMITTED BY SOUTHERN CALIFORNIA EDISON COMPANY RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the subject Joint Use Agreement and authorizing the Mayor to sign said agreement. BACKGROUND/ANALYSIS Tentative Parcel Map 17594, located at the northeast corner of Foothill Boulevard and Rochester Avenue, in the Community Commercial District (Subarea 4) within the Foothill Boulevard Districts, was approved by the Planning Commission on August 9, 2006. This project is for the development of 6 parcels for commercial purposes on 8.21 acres of land. One of the Special Conditions of the development is to underground the existing overhead electrical utilities (except for the 66 KV electrical) on the project side of Rochester Avenue from the first pole offsite the north project boundary to the first pole offsite south of Foothill Boulevard, prior to public improvement acceptance or occupancy. The Developer, F & F LLC, shall pay the cost for this undergrounding to Southern California Edison Company, -upon approval by the City Council. The said Joint Use Agreement will cover the relocated overhead transmission guy wires and anchors and the underground conversion of overhead distribution facilities within Rochester Avenue. Also the Joint Use Agreement acknowledges that SCE facilities have. prior rights, being installed within a utility easement prior to the street dedication. Copies of the agreement are available in the City Clerk's Office. Respectfully submitted, Director of Engineering Services/City Engineer MAS:WAV/akt P141 `i,~ . .. .'d:. . .STATE ROUTE 210 C17Y Of ~4~ R,~i~JCH a ~~~ CUCANIONGA . ~ ~,~ w ~ w W S~P~ z Q- o Q ~~~ ~~ Q ~ ~ ~ `FOOTHILL BOULEVARD z Q ARROW ROUTE CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION IV ITEM: _~ ~ 7~9~[ TITLE: _V/C/N/TY MAP P142 RESOLUTION NO. ~ / _ ~~, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING JOINT USE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SOUTHERN CALIFORNIA EDISON COMPANY FOR PARCEL MAP 17594 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Joint Use Agreement executed on January 21, 2009, by Southern California Edison Company, for the relocation of overhead transmission guy wires and anchors and the underground conversion of overhead distribution facilities within Rochester Avenue adjacent to the real property specifically described therein, and generally located at the northeast corner of Foothill Boulevard and Rochester Avenue; and WHEREAS, the requirement established as prerequisite for the undergrounding of existing electrical overhead utilities and related items has now been met by the submission of said Joint Use Agreement by Southern California Edison Company; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: That said Joint Use Agreement, be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; grid 2. That said Joint Use Agreement is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney P143 STAFF REPORT ~ ' ENGINEERING SERVICES DEPARTMENT jZAticxo Date: January 21, 2009 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From:- .. Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PARCEL MAP 17818, LOCATED ON THE SOUTHSIDE OF FOOTHILL BOULEVARD, EAST OF ROCHESTER AVENUE, SUBMITTED BY FOOTCHESTER PARTNERS I, LLC AND RELEASE OF PREVIOUSLY SUBMITTED IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES ACCEPTED BY THE CITY COUNCIL ON JANUARY 16. 2008 RECOMMENDATION It is recommended that the City Council adopt the attached resolution (1) accepting the new Improvement Agreement and Improvement Securities, (2) releasing the previous Improvement Agreement and Improvement Securities and (3) authorizing the Mayor and the City Clerk to sign and release said agreements. BACKGROUND/ANALYSIS The final Map, Improvement Agreement and Improvement Securities for Parcel Map 17818, located on the south side of Foothill Boulevard, east of Rochester Avenue, were approved by the City Council on January 16, 2008. The Parcel Map was recorded on February 28, 2008. Public Improvements Faithful Performance Bond $ 50,000.00 Labor and Material Bond $ 50,000.00 Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted, .r-•-.. euer Director of Engineering Services/City Engineer MAS:WAV/akt CITY OF RANCHO CUCAMONGA ENGLNEERING DMSION e QQ N ITEM: PM ~ 780 TITLE: /~~i~N~T r M14P P145 RESOLUTION NO. ~'% " ~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PARCEL MAP 17818 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES PREVIOUSLY ACCEPTED BY THE CITY COUNCIL ON JANUARY 16, 2008 WHEREAS, the City Council of the City of Rancho Cucamonga, California, did consider the Improvement Agreement and related Improvement Securities submitted by Footchester Partners I, LLC, as Developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the south side of Foothill Boulevard, east of Rochester Avenue and release of previously approved Improvement Agreement and Improvement Securities; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that (1) said Improvement Agreement, Improvement and Improvement Securities submitted by Footchester Partners I, LLC are hereby approved, (2) the previously approved Improvement Agreement and Improvement Securities are released and (3) the mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. STAFF REPORT ENGINEERING SERVICES DEP.~IRITIENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer ~= ~ - RANCHO C,UCAMONGA Subject: APPROVAL OF AN AMENDMENT TO RESOLUTION NOS. 90-111 AND 01-067 REVISING TIME FOR PAYMENT OF DRAINAGE IMPROVEMENT FEES FOR DEVELOPMENT WITHIN THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution to revise time of payment of Drainage Improvement Fees for Development within the Etiwanda/San Sevaine Local Drainage Area such that fee payment is due at building permit issuance. BACKGROUND/ANALYSIS The City basically has two drainage areas; General City Drainage Area and Etiwanda/San Sevaine Local Drainage Area. The General City Drainage Area is regulated by Chapter 13.08 of the Municipal Code. Chapter 13.08 dictates that development drainage fees for General City Drainage Area are paid at time of building permit issuance. The Etiwanda/San Sevaine Local Drainage Area is regulated by Chapter 13.09 of the Municipal Code and fee Resolution Nos. 90-111 and 01-067. Chapter 13.09 and the fee resolutions dictates that development drainage fees for Etiwanda/San Sevaine Local Drainage Area are paid prior to approval of any final or parcel map, which is much earlier then building permit issuance. Upon review of the two drainages areas, because of the Building Industry Association Housing market Economic Stimulus Package, staff concluded it would be appropriate to have payment of fees of both drainage areas be collected at building permit issuance. This will allow for development in all areas of the City to be consistently enforced. The BIA was informed of this change and fully concurs. The City Attorney's office has reviewed the proposed amendment and because no new fee is being adopted and there is no fee increase, no public hearing is required. The purpose of the amendment serves to administratively relax when fees are due. All other aspects of the resolutions will remain the same and in full force. This does not impact or alter the recently adopted fee deferred housing market stimulus ordinance. Respectfully submitted, _._-- er Director of Engineering Services/City Engineer MAS/DJ:rlc P146 Attachment P147 RESOLUTION NO. ~~~~ ~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NOS. 90-111 AND 01-067; AND REVISING TIME FOR PAYMENT OF DRAINAGE IMPROVEMENT FEES FOR DEVELOPMENT WITHIN THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA. follows: The City Council of the City of Rancho Cucamonga hereby finds and resolves as Sectionl. Notwithstanding any other provision set forth in Resolution Nos. 90-111 and/or 01-067 of the City of Rancho Cucamonga, drainage improvement fees assessed upon approval of a tentative map, parcel map, waiver of a parcel map, director review, site approval, location and development plan, conditional use permit, or the issuance of a building permit, for development within the Etiwanda/San Sevaine Local Drainage Area and the benefit area depicted and described in the "Etiwanda/San Sevaine Area Masterplan of Drainage", shall be paid prior to issuance of a building permit. The city engineer shall determine if the development lies within the benefit area, the type of development, and the corresponding fee to be paid pursuant to Resolution Nos. 90-111 and/or 01-067. Except as amended by this Resolution, Resolution Nos. 90-111 and 01-067 remain unchanged and in full force and effect. Section 2. This Resolution shall become operative only upon Ordinance No. _ of the City Council of the City of Rancho Cucamonga becoming effective. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of , 2009. Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga P148 STAFF REPORT 1 ENGINEERING SERVICES DEPARTMENT RANCHO Date: January 21, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer Subject: APPROVAL TO AUTHORIZE AN INCREASE TO CONTRACT NO. CO 04-188 IN THE AMOUNT OF $3,538,937.00 TO AECOM (FORMERLY KNOWN AS DMJM+HARRIS, INC.), TO AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $353,893.70, AND APPROVE CONTRACT CHANGE ORDER NO. 5 FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR MODIFYING THE EXISTING BASE LINE ROAD / I-15 FREEWAY INTERCHANGE, TO BE FUNDED FROM 2004 TAX ALLOCATION BONDS FUNDS, ACCOUNT NO. 26608015650/13616606311; AND APPROPRIATE AN AMOUNT OF $845,000.00 TO ACCOUNT NO. 26608015650/13616606311 FROM 2004 TAX ALLOCATION BONDS FUND BALANCE RECOMMENDATION It is recommended the City Council approve an increase in said contract with AECOM (formerly known as DMJM+HARRIS, INC.) to provide plans, specifications and estimates for the modification of the existing Base Line Road/I-15 Freeway Interchange and authorize the Director of Engineering Services/City Engineer to sign said Contract Change Order. BACKGROUND/ANALYSIS Traffic congestion during the morning and afternoon peak periods has become a regular occurrence at the Base Line Road/I-15 Interchange. Over the years, residential and commercial developments have added more and more traffic to this already congested interchange. Traffic projections' indicate that this interchange cannot operate at an acceptable level of service without modifications. The modifications include constructing a loop on ramp for westbound Base Line Road traffic onto southbound I-15 Freeway and widening the other on and off ramps. The preparation of plans, specifications and estimates is the third in a multi-step state/federally required process that must be followed before a freeway interchange can be modified. The first step was the preparation and approval of a Project Study ReporUPreliminary Design Study (PRS/PDS). Caltrans approved. the PRS/PDS on February 13, 2002. The second step is the preparation and approval of a Project ReporUEnvironmentaf Document (PR/ED). The PR/ED is now in its final review stage. Caltrans approval of the PRIED is anticipated in the next month or so. Since the PRS/PDS and the PR/ED had already determined the interchange modification concepts and alignments, it was decided to start the actual design process. City staff advertised for proposals to prepare plans, specifications and estimates for the modification of the Base Line Road/I-15 interchange. Proposals were received from four (4) consultants. A P149 CITY COUNCIL STAFF REPORT SUBJECT: Base Line Road/I-15 Interchange Change Order January 21, 2009 Page 2 Consultant Selection Committee reviewed the proposals and recommended AECOM as the most qualified and responsible firm. Respectfully submitted, Mark euer Director of Engineering Services/City Engineer MAS:WCS Attachments P150 CITY OF RANCHO CUCAMONGA VICINITY MAP =-~,,-, BASE LINE ROAD / I-15 FREEWAY INTERCHANGE 'rTTV ~l Tip .D i- AT!'~TTn rrrTrr ~ 1 rr.~Te-~ STAFF REPORT ENGINEERING SERPICES DEPARTMENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jon A. Gillespie, Traffic Engineer Mike Olivier, Senior Civil Engineer P151 RANCHO CUCAMONGA Subject: APPROVAL AND EXECUTION OF AN EASEMENT AGREEMENT BETWEEN JAMAL KHOURY AND GEORGE KHOURY AND THE CITY OF RANCHO CUCAMONGA FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAFFIC CONDUCTIVE LOOP AT THE INTERSECTION OF FOOTHILL BOULEVARD AND MALACHITE AVENUE RECOMMENDATION It is recommended that the City Council approve and authorize the execution of an easement agreement between Jamal Khoury and George Khoury and the City of Rancho Cucamonga for the construction and maintenance of a Traffic Conductive Loop at the intersection of Foothill Boulevard and Malachite Avenue. BACKGROUND/ANALYSIS The intersection at Foothill Boulevard and Malachite Avenue is a T-intersection with a service station located at the top of the "T" on the north side of Foothill Boulevard. At this time there is no traffic signal or pedestrian crossing of Foothill Boulevard between Archibald Avenue and Hellman Avenue, a distance of one-half mile. Because of this the City has plans to construct a traffc signal at Foothill Boulevard and Malachite Avenue, with crosswalks across each street. This new configuration of the intersection of Foothill Boulevard and Malachite Avenue will provide not only the traffic signal and crosswalks on Foothill Boulevard and Malachite Avenue but a left turn lane unto the service station from eastbound traffic on Foothill Boulevard. From northbound Malachite Avenue the improvements will provide a left turn unto Foothill Boulevard, as well as the existing right turn onto Foothill Boulevard and direct access to the service station from northbound Malachite Avenue. To activate the traffic signal from vehicles existing from the service station, the City wants to install a Traffic Conductive Loop at the station's east driveway to enable customers from the service station to turn left or right onto Foothill Boulevard or continue due south to Malachite Avenue. Because of the City's improvements at this intersection, the owners of the service station, Jamal and George Khoury, have agreed to grant the City an easement for a Traffic Conductive Loop for construction and permanent maintenance of said loop on their property at their east driveway. The owners of the property have agreed to dedicate a portion of their east driveway to the City for this traffic conductive loop for construction thereof and maintenance by the City thereafter. P152 CITY COUNCIL STAFF REPORT Re: Right of Entry Agreement for Traffic Conductive Loop at Foothill and Malachite January 21, 2009 Paoe 2 Enclosed are three agreements of the Easement for Construction and Maintenance of the Conductive Loop, It is recommended that the City Council approve this easement for the best interest of the City, its residents and the service station owners. If approved, please sign all three agreements. Respectfully submitted, t euer Director of Engineering Services/City Engineer MAS/JAG/MO:Is Attachments 153- CITY OF R4NCH0 CUC.4MONGA VICINITY 1VL4P ~ 1 _ ~ ,. STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer Dave Blevins, Public Works Services Director By: Michael TenEyck, Utility Operations Manager Ty Quaintance, Facilities Superintendent P154 RANCHO cUCAMONGA Subject: AUTHORIZATION TO APPROPRIATE $1,400,500 FROM RDA 500 FUND BALANCE FOR THE DESIGN ($100,500--2500801-5300), CONSTRUCTION ($735,000-- 2500801-5650/1715500-6314) AND ACQUISITION OF STANDBY EMERGENCY GENERATORS, AUTOMATIC TRANSFER SWITCH AND ONE 3000A MAIN SWITCHGEAR ($565,000--2500801-5603) AND SWITCH OVER FROM SOUTHERN CALIFORNIA EDISON POWER TO RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRICAL SERVICE AND AUTHORIZE STAFF TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TMAD TAYLOR AND GAINES IN THE AMOUNT OF $98,000 FOR THE DESIGN OF SAID PROJECT AND AUTHORIZE STAFF TO SOLICIT FORMAL QUOTES FOR THE ACQUISITION OF TWO 500 KW EMERGENCY GENERATORS, ONE AUTOMATIC TRANSFER SWITCH, AND ONE 3000A MAIN SWITCHGEAR AND TO AWARD THE PURCHASE OF SAID GENERATORS AND SWITCHES TO THE LOWEST RESPONSIVE RESPONSIBLE BIDDER AND TO AUTHORIZE STAFF THROUGH A COMPETITIVE BID PROCESS TO AWARD THE CONTRACT FOR ALL NECESSARY EQUIPMENT. RECOMMENDATION It is recommended that the Board authorize the appropriation of $1,400,500 from RDA Fund 500 fund balance for the design ($100,500--2500801-5300), construction ($735,000--2500801- 5650/1715500-6314) and acquisition of standby emergency generators, automatic transfer switch and one 3000A main switchgear ($565,000--2500801-5603) and switch over from Southern California Edison power to Rancho Cucamonga Municipal Utility electrical service and authorize staff to enter into a Professional Services Agreement with TMAD Taylor and Gaines in the amount of $98,000.00 for the design of said project and authorize staff to solicit formal quotes for the acquisition of two 500 KW emergency generators, one automatic transfer switch, and one 3000A main switchgear and to award the purchase of said generators and switches to the lowest responsive responsible bidder and to authorize staff through a competitive bid process to award the contract for all necessary equipment.. BACKGROUND/ANALYSIS The ongoing maintenance and improvement of the City's buildings has, in recent years, included major improvements of the Civic Center to bring the building up to current earthquake standards and expand the Police Station and the City's Emergency Operations Center. This process of incremental improvements to better serve the community during an emergency is continuing through the modernization of our generator capability that will allow the building to remain fully operational on backup generator power in a blackout or a disaster situation. During the design process for the generator upgrade, the building will be changed over from Southern California Edison as the electrical service provider to the Rancho Cucamonga Municipal Utility. This change to RCMU power will result in immediate savings to the City and is expected to net an estimated $200,000 savings annually. P155 CITY COUNCIL STAFF REPORT AUTHORIZATION TO APPROPRIATE $1,400,500 January 21, 2009 _ Paae 2 Respectfully submitted, ark euer Director of Engineering Services/City Engineer MAS/MT/JU:rlc P156 STAFF REPORT FNGLNEERING SF_RPICES DEPARTbfENT RANCHO Date: January 21, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineeri/n~lg/Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer tA~`v Shelley Hayes, Assistant Engineer /~ Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 6395810, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND, IN THE AMOUNT OF $210,615.00, FOR CITY WIDE INSTALLATION OF EMERGENCY VEHICLE PREEMPTION PROJECT IMPROVEMENTS, CONTRACT NO. 06-049 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 6395810, retained in lieu of Maintenance Guarantee Bond, in the amount of $210,615.00, for the City Wide Installation of Emergency Vehicle Preemption Project Improvements, Contract No. 06-049. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Steiny and Company, Inc. P.O. Box 8100 Baldwin Park, CA 91706-0993 Respectfully submitted, ~~~ Mark A. Steuer Director of Engineering Services/City Engineer MAS/JADlSH:Is Attachment 57 `" {~ ~ s W \ \ ~ N 1 \~ L 1 - 0 o Z =yf'} 2 \ ~~ lCti I ~'."~ \I'~ ~r - c ~. o \ ~IL~ a~'.. 1 --~ ~ \ ~rTm ~, ' ~` yY '1~ m- iWA?~-a 3 I I I S'1 I 3 I-! ltl6itR?IO ~ - Cep' ~'~"~~q i' _.1 tt~77„ j.~ Il ti._~I±T~~ "~ I _1_~II $ iLY tir ww~ya rl i, r•~, ~ ~Lr if~:~a f`"t__f ~r(:t~`:?~ ri_I J+~~~(y„~` .L I I I~ ~J ~j l.r ~ ~L1~ F_~ ~T~Y1 .~I~~ /_'I I,-•//1ilIUlC'~ ~{~ /1 .~ I i, Y.yyws3 :r! 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Ij~r ~, _ ~-°~ I L _ I " 1 ~-~~ - 1.~ I (•"rl ~ _e ~ e Tr'- T_7 F~-1 ~4 ~ ~1-.,, I ~~ ~-'I 1_I__Y m-mS+G -~y~~ -1- '" ~ --r,'~--~ "T_ ..-4w I i ~ I~I ~ I ~ I IC ~_ r n'=+=~- 5~H I \ i 'r_11~~'7S:`1 ~~~ma ~ +i_-_-_ " -f T ~ Im ~ ~ ~".'~~. 'LEI ',f.~T'?~E- a ~-~~r'=~-~-7 =_~~ ~ f'c•: e I I_\\:~I_~Lil--~-`-_r•~~~e~ll~-wmi~.~~'~l'~1Q(o~.`.y\'LL~B~'~+- ~a~-4-; isf"enj I'~- . Str-_4N,~~,i p~ -ip lAif38~- 'Z ..M )~o-~'.~11~~ ~~ JI <li_~7T ~ I '~ I `J gile'.h_~i I I '•I h_-_r ^ ` "'~_ ^81 m°y'L r~_ i_ ~ (~•-_4j iy I ,{ I_- J Ittt. 141 ~~~1_~ n.~l.~~~~ I T rr~4-- - Tis._1: _C~1 ~ .,il I ~L~ ~. ~ T I ; _y~ FI +y~j-4~db1 --' j I -__~i~ ,1~Sz~ _.~`¢.~_L •~ f°- _ = --+~~",~'~Ij~ f~' F ~ L~\-yam <I e~^~isawne3~ ~ h- r-'~ ;~- _I ~'ifs3l~Ptadf~~f'\'. ~- .i3' ` 1• G\Nr arrNHl1_ I _~~Il nv'. I ~ ~~ z l 5 J v ~~^I-y z l y L~gR~ant `'~ P158 STAFF REPORT ENGINEERING SERVICES DEPARTIvfENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Trina Valdez, Public Services Technician II RANCHO CUCAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE CASH DEPOSIT AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR 5650 HELLMAN AVENUE, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE NORTH OF WILSON AT 5650 HELLMAN AVENUE, SUBMITTED BY STEPHEN AND CAROL BIROCZKY RECOMMENDATION The required improvements for 5650 Hellman Avenue 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 Cash Deposit. BACKGROUND/ANALYSIS As a condition of approval of completion of 5650 Hellman Avenue, located on the west side of Hellman Avenue north of Wilson at 5650 Hellman Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Cash Deposit and file a Notice of Completion. Developer: Stephen and Carol Biroczky: 5625 Hellman Avenue, Rancho Cucamonga CA 91737 Release: Faithful Performance Cash Deposit CR098351 $ 16,600.00 (Receipt No.) Res ecttully submitted, M euer Director of Engineering Services/City Engineer MAS:TLV Attachment(s) P159 VICINITY MAP 5650 HELLMAN AVENUE u in F~`~~~~~U GIB ~ ~. ~~~1~ ~ i ~~~~ ~~ ~~~ 11 ~~~ ~ J ~~~ ,`~ ~ i~~v ~~~ , ~r '~$t ur ~~ r,_ L,~ a~ ~,~ ~}~ N W E S P160 RESOLUTION NO. D`~~ ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 5650 HELLMAN AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for 5650 Hellman Avenue have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Trina Valdez, Public Services Technician II P161 RANCHO CUCAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2005-00068, LOCATED ON 8358 RED HILL COUNTRY CLUB DRIVE, SUBMITTED BY TOVEY / SCHULTZ CONSTRUCTION INC. RECOMMENDATION The required improvements for DRC2005-00068 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of DRC2005-00068, located on 8358 Red Hill Country Club Drive, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and file a Notice of Completion. Developer: Tovey / Schultz Construction Inc.: 18261 Collier Avenue, Lake Elsinore, CA 92530 Release: Faithful Performance Bond 6250834 (Bond No.) pecttu ubmitted, teuer Director of Engineering Services/City Engineer MAS:TLV $ 165,100.00 Attachment(s) P162 210 SITS ct w w ~.. ~ w w L ~ Q Q ~ N.~`lG v E~ N\ ~ ~ FOOTH z o Z U W ~ w W ~ Q SAN > ~~~~'QO o ' ~~~ CITY OF RANCHO CUCAMONGA ENGINEERING DMSION FR~'Y _~ DR Q ~z Q U. BLVD w w Q Z W Q 2 s N ITEM: -I~jC~I~~~- 0®~68 TITLE: V/G'//V/r~_Ly~t7 P163 RESOLUTION NO. D~I'~~5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00068 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2005-00068 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT L.NGINEERING SERVICES DEPARTMENT Date: To: From: By: Subject January 21, 2009 Mayor and Members of the City Council Jack Lam, AICP, City Manager ~~ RANCHO CUCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer RELEASE OF FAITHFUL PERFORMANCE BOND NO. 4359945, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND, IN THE AMOUNT OF $98,341.00, FOR RCMU SUBSTATION FENCING AND PAVEMENT REHABILITATION IMPROVEMENTS, CONTRACT NO. 07-064 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 4359945, retained in lieu of Maintenance Guarantee Bond, in the amount of $98,341.00, for the RCMU Substation Fencing and Pavement Rehabilitation Improvements, Contract No. 07- 064. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Roadway Engineering & Contracting, Inc. 8861A Jurupa Road Riverside, CA 92509 Respectfully submitted, Mark '. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P164 Attachment rlo: RCMU SUBSTATION FENCING AND PAVEMENT REHABILITATION 8703 ROCHESTER AVENUE, RANCHO .CUCAMONGA, CALIF. ALMOND DR. _ _ ^ HILLSI E D N ~ ILSO AVE 24TH ST ~ BAN N ST ^ ¢ ~ SUMMR AV o- EMO ~ ~ V U 1~---i IIII,-~~~-----~~~~w _ ~ HIGH D A ^ 19 H T ~ a v 1 ~ ^ 0 ~ 30 30 N ~~ Y VICTOR PARK v B LINE D w I`I1 Y W ~ HUR ST RR ~ FO HILL BLVD m ~^^^~ 66 ~'~ W toy o c NiE _,~:, ~ ~ ~ ~ • RRO ~ ROUT w o W ~ ° ~ w w ~ ¢ a ~ ¢ ¢ BNSF R ~ _ z ¢ 6TH ST N a II ~ ~ _ ° ROJECT SITS 4TH 5T ¢ i CI~~' C7 F'' R_~.I~TC~® C~TCAM0~1°:TCrl~ VICINITY MAP x P166 STAFF REPORT ~ . ' _ ENGINEI>RING SERPICES DEPARTMENT RANCxo Date: January 21, 2009 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer ' /~ Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 5023447, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND, IN THE AMOUNT OF $176,971.00, FOR 9r" STREET PAVEMENT REHABILITATION, FROM HELLMAN TO ARCHIBALD PROJECT IMPROVEMENTS, CONTRACT NO. 07-077 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 5023447, retained in lieu of Maintenance Guarantee Bond, in the amount of $176,971.00, for the 9'h Street Pavement Rehabilitation, from Hellman to Archibald Project Improvements, Contract No. 07-077. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor; International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, CA 92423-0458 Respectfully submitted, Marc euer Director of Engineering Services/City Engineer MAS/JAD/SH:Is Attachment P1 R7 9TH STREET PAVEMENT REHABILITATION (FROM HET.T.MAN AVENUE TO ARCHIBALD AVENUE r' .ALMOND DR. _ _- ~^ HILLSI E 2~D i N (~ ROJECT SITE CITY OF RANCHO CUCAMONGA VICINITY MAP N P168 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: January 21, 2009 C;UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo David, Associate Engineer Shelley Hayes, Assistant Engineer Subject: ACCEPT THE THE MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 7T" STREET TO ARROW ROUTE IMPROVEMENTS, CONTRACT NO. 08-155 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $459,351.79 RECOMMENDATION It is recommended that the City Council accept the Milliken Avenue Pavement Rehabilitation from 7th Street to Arrow Route improvements, Contract No. 08-155, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $446,520.25 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $45,935.18, 35 days after acceptance. Also, approve the final contract amount of $459,351.79. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Milliken Avenue Pavement Rehabilitation from 7th Street to Arrow Route improvements scope of work consisted of cold planing, removal and replacement of existing pavement, re-striping and pavement markings, re-installation of inductive loops, asphalt rubber overlay, routing and crack seal. Pertinent information of the project is as follows: - Budgeted Amount: 9 Account Numbers: ~ Engineer's Estimate: 9 City Council's Approval to Advertise - Publish dates for local paper: - Bid Opening: $462,000.00 1176303-5650/1630176-0 $435,152.00 April 4, 2007 April 5 and 12, 2007 September 9, 2008 P169 CITY COUNCIL STAFF REPORT Re: Accept Milliken Avenue Pavement Rehabilitation from 7`h Street to Arrow Route Improvements January 21, 2009 Page 2 Contract Award Date: ~ Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: ~ Difference in Contract Amount: October 1, 2008 The R.J. Noble Company $446,520.25 $44,652.03 $459,351.79 $12,831.54 (2.87%) The net increase in the total cost of the project is a result of one (1) Contract Change Orders (Balancing Statement). The notable changes that were significant to the increase of the Contract amount provided for the contractor to furnish and install additional asphalt rubber hot mix, including pavement preparation, over the original bid. Respectfully submitted, /~ ar euer Director of Engineering Services/City Engineer MAS/RD/SH:Is Attachment P170 d~ ~~ ,m ,,,, ~..~ r~ ~ ~~ ~~ w um~NUnmun muw i 1 munuumnunnum mum unnnnnuunuuw n - ~ ~ , ~ + ' y nxux ~ b~miii ~ ui O - I Y ~ ~ 1+r 15r7 uq 3 . m ~ ~ ~ a Ovrn d `` j ¢ S _ ~ g ~ ~ r ~ e ~ O ~ t J ' t { 'w woo a.a ~'~ o E o ` 1 ~ Y YYrti' AY j S N II ~ ~ 1+r m1SlN~py ~` 11 'Mrq ]®O tN ~ 8 ~ WtR ST WM & I ~ ~ ~ ` O ~.Y rtn ~ r' 'w. n ~ '6 s d F d _ ~ ~~ ~ ~ ~ ~ ~ j a ~ $ F~ ~ u S a 5 ~~ ~' r xrrN r YMrx oa ~ r 1 s ~~ u ^ 71r YSMI~N , {Y~~ jf3 ~ '~ ~ 3+r . omv . I 'v. ~ i „ u~ b ~ „r ~ mro~ 0..9,x. N Nr Strl:l M Tf"J ~ ~ e ] MRiW F ~ r M y ~ m 3. j ' 4 N Om - ~ b ~ f \ ~ G • Nrfp MJ 'NV fT) II b y3~ ~ 'wr ~ mmv ~ s ~ ~ q a3 IlFMOrS .. o r k 3 ~ ~ Q Z F; z O U O U fSr O U 6 r~r, 1~1 •Yi E W z W _~ W 0 F W w H O w P171 RESOLUTION NO. D9-.~I~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 7r" STREET TO ARROW ROUTE IMPROVEMENTS, CONTRACT NO. 08-155 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Milliken Avenue Pavement Rehabilitation from 7th Street to Arrow Route improvements, Contract No. OS-155, 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, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: January 21, 2009 cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Trina Valdez, Public Services Technician II Subject: RELEASE OF MAINTENANCE GUARANTEE IRREVOCABLE STANDBY LETTER OF CREDIT FOR PARCEL MAP 16926, LOCATED ON THE NORTH SIDE OF FOURTH STREET BETWEEN BUFFALO AVENUE AND RICHMOND PLACE, SUBMITTED BY CAL DEVELOPMENT, LLC It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Irrevocable Standby Letter of Credit, for Parcel Map 16926, located on the north side of Fourth Street between Buffalo Avenue and Richmond Place, submitted by Cal Development, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Cal Development, LLC 315 S. Beverly Drive, Suite 301 Beverly Hills, CA 90212 Release: Maintenance Guarantee Irrevocable Standby Letter of Credit #61654574 $43,150.00 Director of Engineering Services/City Engineer MAS:TLV Attachment P172 P173 Vicinity Map NTS ITEM• Parcel Map 16926 TITLE• Vicinity Map EXHIBIT "A" City of Rancho Cucamonga STAFF REPORT ADivIINISTRATIVE SERVICES DEP.~1RT~fENT Date: January 21, 2009 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Serv~(~~ By. Claudia M. Nunez ~~//~~ Subject: CONTRACT RENEWAL FOR CARL WARREN AND COMPANY BACKGROUND The City of Rancho Cucamonga currently contracts with Carl Warren and Company. Carl Warren and Company has been the City's Third Party Administrator for General Liability claims since 1982: Their services include, but are not limited to, litigation management, claims assistance, and administration of the City's Self-Insurance Liability Program. This company is an industry leader with approximately 200 employees and 21 offices around the country including a local office in San Bernardino. It-has provided claims assistance to an array of companies including Public Agencies since 1944. Carl Warren and Company has continued to provide the City of Rancho Cucamonga and other clients with exceptional service. As an example of their outstanding services, the Sheriff's Department of Los Angeles County awarded Carl Warren and Company the Outstanding Services Provider of the Year Award. RECOMMENDATION The contract between the City and Carl Warren and Company expired on November 30, 2008. Carl Warren is paid on an hourly basis based upon services provided. The rates are outlined in the attached contract, and will increase by less than 1% over the term of the contract. In order to take advantage of a competitive rate, staff is recommending amulti-year (3 years) contract for City Council approval. P174 P175 THIRD PARTY CLAIMS ADMINISTRATION CONTRACT THIS AGREEMENT, entered into on November 30, 2008 by and between The City of Rancho Cucamonga, hereinafter called "PRINCIPAL," and CARL WARREN & COMPANY, hereinafter called "CONTRACTOR," is for certain services as outlined in connection with the duties and responsibilities of administering a program ofself-insurance. WITNESSETH WHEREAS, PRINCIPAL has undertaken to self-insured and is in need of a qualified third party to whom to delegate the responsibilities and duties of administering said partially or totally self-insured insurance program, and WHEREAS, CONTRACTOR is engaged in the supervision and administration of programs for self-insurance, NOW, THEREFORE, PRINCIPAL and CONTRACTOR mutually understand and agree as follows: 1. GENERAL CONTRACTOR shall (a) supervise and administer the Self-Insurance progam for PRINCIPAL; (b) represent the PRINCIPAL in all matters related to the investigation, adjustment, processing, supervision and resolution of liability claims for money damages asserted by third parties against the PRINCIPAL (and other participants in the program as specified); and (c) provide to PRINCIPAL during the term of this Agreement all the services more particularly set forth hereinafter. 2. INVESTIGATIVE SERVICES CONTRACTOR shall provide complete investigative and analytical services including, but not limited to: (a) receipt and examination of all reports of accidents, incidents, claims or cases which are or may be the subject of such claims reported by PRINCIPAL to CONTRACTOR; and (b) the investigation of such accidents, incidents, claims or cases where examination warrants such investigation or when requested by PRINCIPAL, such investigation to include on-site investigation, photographs, interviewing of witnesses, determination of losses and other such investigative services necessary to determine liability and loss but not to include Allocated Expenses and extraordinary professional services set forth below. Regarding Allocated Expenses, PRINCIPAL agrees to pay for the cost of all reasonable and supportable extraordinary services and costs, including but not limited to, professional photography, police reports, independent medical examinations, professional engineering services, laboratory services, bulk copy jobs, private investigators, legal costs and fees and work performed by accountants. CONTRACTOR shall charge PRINCIPAL for non-staff investigators or adjusters when, in the opinion of CONTRACTOR, such assistance is necessary and reasonably related to the monetary exposure. P176 3. SETTLEMENT AUTHORITY CONTRACTOR shall have discretionary settlement authority up to $ Zero. 4. CLAIMS ADJUSTMENT SERVICES CONTRACTOR shall provide complete claims adjustment services on each accident or incident that may be the subject of a claim against the PRINCIPAL which is reported to CONTRACTOR by the PRINCIPAL. Such services shall include, but not be limited to (a) the maintenance of a claim file on each potential or actual claim reported to CONTRACTOR; (b) whenever its investigation results in a determination that PRINCIPAL has sustained a liability to a third party, CONTRACTOR shall process any such claim or potential claim for settlement in accordance with the PRINCIPAL'S instructions for settlement of such claims; and (c) obtaining all release agreements or proofs of loss on settlement of ariy claim or potential claim. Specific service instructions will be added to this contract as an exhibit. If subrogation is pursued, the rates in Section 8 will apply unless a separate contingency fee agreement is agreed to by PRINCIPAL and CONTRACTOR. 5. ADMINISTRATIVE SERVICES CONTRACTOR shall provide at least the following administrative services: (a) assignment of a Principal Account Adjuster to the PRINCIPAL; (b) providing PRINCIPAL with electronic access to all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to CONTRACTOR, the details of each such claim, the outstanding reserves for each claim and details of all claim payments; and (c) periodic review and adjusting of reserves on all open claims. Account specific reports and attendance at meetings (including round trip travel) shall be provided by CONTRACTOR at the same rates provided in Section 8 as services. 6. LEGAL SUPPORT SERVICES CONTRACTOR shall provide at least the following legal support services on each claim wherein the claimant has commenced litigation: (a) Upon notification by PRINCIPAL that litigation has been filed on an open claim, CONTRACTOR shall notify PRINCIPAL and, in accordance with PRINCIPAL'S instructions, the PRINCIPAL'S excess insurance carrier and/or excess reporting authority, pool or group (the "excess entity") and/or trial attomey assigned by PRINCIPAL to handle the case and provide such excess entity and/or trial attorney with all information and files concerning claim; (b) maintain liaison with PRINCIPAL'S excess entity and/or trial attorney and provide such investigation services as are required by such attomey during pre-trial and trial stages: and (c) assist PRINCIPAL'S excess entity and/or trial attomey with discovery and other legal processes. "The TPA will comply with the reporting requirements of the PARSAC program". _ 2 _ Carl Warren & Company P177- 7. PERIOD OF AGREEMENT This Agreement is for a period of thirty six (36) months commencing November 30, 2008 and ending November 30, 20] 1, after which date this Ageement shall renew for one (1) year periods of time and rates will be reviewed/adjusted annually. 8. CONSIDERATION PRINCIPAL agrees to pay, effective November 30, 2008 the following claim handling fees for CONTRACTOR'S services: Fees Services Telephone Mileage Photocopies Stenographic Photographs Cassettes Duplicated Photos Office Expense Set up fee Data Processing Index Bureau/OFAC 1099 Issuance Miscellaneous ** Compass2 / mycarlwarren $55.00 per hour (year one) $56.00 per hour (year two) . $57.00 per hour (year three) 10% of Services .55 per mile (or IRS RATE or whichever is greater) .30 per page $5.00 per page $2.50 each - $2.00 each $1.25 each 25% of Services One -hour of Service Time depending $35.00 per suffix (i.e. per line entry) $18.00 each Included At Cost $1,000 per year annual administrative invoice (payment upon execution annually) * Index includes ISO and OFAC. ** Miscellaneous includes but is not limited to actual costs for hotels, airfare, meals while on overnight travel, copying court documents etc. Incident reports not requiring any claimant contact or investigation will be reviewed and entered into an incident report log for $50 per incident if PRINCIPAL so requests. Unless amulti-year contract term is in effect, this fee schedule shall be subject to negotiations between PRINCIPAL and CONTRACTOR at no less than one (1) year intervals following the effective date of the Agreement. Charges for non-file-related professional services performed at the specific request of PRINCIPAL will be billed on an as quoted basis. PRINCIPAL agrees to pay charges for outside adjusters other than CONTRACTOR'S _ 3 _ Cm~l Warren & Company P178 adjusters and file related expenses such as medical reports, police reports, etc. on a pass through basis with no additional fees added. 9. DATA PROCESSING (a) The following standard services aze included in this cost and in the annual administrative fee -claims data electronically for up to three recipients and access to mycazlwarren.com for up to three users. For security purposes, access to mycazlwarren and any subscriptions will automatically terminate at the end of twelve (12) months. PRINCIPAL shall be responsible for notifying CONTRACTOR to renew user subscriptions and access or to substitute users. (b) Additional users or recipients shall be chazged on a per person basis at an annual fee of $250. (c) Special reports, new reports and data feeds can also be requested. They aze subject to a cost per quote at a rate per project or per hour once the scope has been agreed upon. CONTRACTOR does not possess any interest, title, lien or right to any client data or records. Therefore, upon termination of the contract, CONTRACTOR is relieved of all obligations to provide data processing services to PRINCIPAL and will deliver to PRINCIPAL all data and records in a readily available excel or PDF format. If a different format is desired by PRINCIPAL, CONTRACTOR will provide it to PRINCIPAL at an agreed upon and reasonable cost and timeline. 10. PRINCIPAL'S RESPONSIBILITIES PRINCIPAL shall provide CONTRACTOR with copies of all relevant documents upon request and without charge and shall make available any PRINCIPAL employee for interviews by CONTRACTOR at reasonable times concerning any investigation of a claim or incident pursuant to this Agreement. CONTRACTOR shall bill PRINCIPAL and famish PRINCIPAL with invoices for services rendered in accordance with the fee schedule set forth in the Agreement. Each invoice will include the claim or other matters for which a fee is being chazged and the amount of the associated fee for that claim or matter. Payment shall be due and payable within thirty (30) days of receipt. PRINCIPAL shall report all billing discrepancies in writing to CONTRACTOR within thirty (30) days and adjustments will be promptly considered. PRINCIPAL will become delinquent when any undisputed invoice has been outstanding for over ninety (90) days. CONTRACTOR may elect to limit access to data and/or suspend and/or terminate this Agreement in the event PRINCIPAL fails to pay CONTRACTOR. Good faith disputed amount(s) will not be considered in establishing delinquency. CONTRACTOR will notify PRINCIPAL of such failure to pay and if PRINCIPAL does not cure such failure, excluding any good faith disputed amount, within ten (10) banking days after the date of such notice ("the cure period"), CONTRACTOR may immediately limit access. to data and/or suspend and/or terminate this Agreement as of the first business day _ 4 _ Carl Warren & Company P179 following expiration of the cure period, and/or send the outstanding invoices to a collection agency to pursue recovery of outstanding amounts plus fees and interest. 11. CONFLICT OF INTEREST In the event a claim or incident is reported to CONTRACTOR by PRINCIPAL and it is determined that the actual or potential claimants therein are also clients of CONTRACTOR, then CONTRACTOR shall immediately notify PRINCIPAL of such potential conflict of interest so PRINCIPAL may have the option to choose an independent investigator and adjuster. 12. CANCELLATION OF AGREEMENT This Agreement may be terminated by either party with or without cause upon giving other party written notice at least ninety (90) days prior to the date of termination. 13. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT (a) All files on each claim shall be property of the PRINCIPAL. (b) In the event of expiration of the Agreement, non-renewal thereof, or cancellation, CONTRACTOR shall bill the PRINCIPAL, subject to the rates quoted in Section 8 herein above, for work completed by CONTRACTOR on each claim. Upon receipt of payment of outstanding invoices (including those in 13c below), CONTRACTOR shall promptly forward all completed and pending claim files to the PRINCIPAL unless PRINCIPAL requests CONTRACTOR to continue to process any files on a time and expense basis as provided for in the CONTRACTOR'S Rate Manual at the time such services are rendered. (c) PRINCIPAL agrees to pay CONTRACTOR For the internal and/or external cost of retaining, storing, retrieving, logging, packing and shipping files which are stored on or off premises by CONTRACTOR. 14. HOLD HARMLESS PRINCIPAL agrees to defend any legal action commenced against CONTRACTOR caused directly or indirectly by the alleged wrongful or negligent acts, errors or omissions of PRINCIPAL; and indemnify CONTRACTOR against any liability, loss, cost or damage including attomeys' fees resulting therefrom. CONTRACTOR agrees to defend any legal action commenced against PRINCIPAL caused directly or indirectly solely by the wrongful or negligent acts, errors or omissions of the CONTRACTOR, employees, .agents or others engaged by CONTRACTOR and to indemnify PRINCIPAL against any liability, loss, cost or damage including attomeys' fees resulting there from. 5 _ Carl Warren & Company P180 15. AUDITS The CONTRACTOR'S files shall be made available for audits at any time upon reasonable notice. Reasonable notice shall be defined as thirty (30) days or as otherwise agreed by the parties. If special retrieval or shipment of the requested files is necessary, PRINCIPAL shall reimburse CONTRACTOR at cost. The CONTRACTOR reserves the right to reject an auditor proposed by PRINCIPAL if the proposed auditor may gain an unfair competitive advantage over CONTRACTOR by conducting such an audit. IN WITNESS WHEREOF, the parties hereto have caused these present to be signed by the duly authorized Officers as of the day and year first above written. (CONTRACTOR) (PRINCIPAL) CARL WARREN & COMPANY BY: TITLE: DATE: BY: TITLE: DATE: Carl Warren & Company - 6- P181 STAFF REPORT ~' ~~' ~`~' " RANCHO CUC.AMONGA FIRE PROTECIZON DISTRICT' RANCxo Date: January 21, 2009 CUGAA90NGA To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief By: Janet Walker, Management Analyst II Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (PNEUDRAULICS, INC., A CALIFORNIA CORPORATION -APN 0209-021-42 -ANNEXATION NO. 08-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Pneudraulics, Inc., a California Corporation -Annexation No. 08-2) to existing Community Facilities District No. 85-1 ("CFD No. 85-1") and calling a special election for such purpose. BACKGROUND Pneudraulics, Inc., a California Corporation has submitted a proposal to construct two (2) manufacturing buildings totaling 88,200 sq.ft. on 5.46 acres identified as APN 0209-021-42 (the "Annexation Area") and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) 85-1 in order to mitigate the development's impact upon fire protection services. On November 19, 2008, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting a resolution approving a boundary map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APN 0209-021-42 into the existing CFD 85-1. This resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on December 17, 2008. After setting the public hearing for December 17th, it was determined that the December 17, 2008 public hearing date was less than the minimum 30 day required by the Mello-Roos Act between the date of the adoption of the resolution of intention to annex and the date of the public hearing. Therefore, the public hearing was P182 Annexation of Territory to an existing CFD 85-1 January 21, 2009 continued to January 7, 2009. Prior to the January 7, 2009 meeting, it was determined that the 7-day legal notice for the public hearing was not properly advertised and therefore, the public hearing was continued to January 21, 2009. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • .Call for a special election to be conducted on January 28, 2009 • Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating.to mitigating impacts upon fire protection services. Pneudraulics, Inc., a California Corporation, property owner, is in full support of the annexation of the property being annexed. The Registrar of Voters has certified there are no registered voters residing within the Annexation Area. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Pneudraulics, Inc., a California Corporation, the sole owner of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on January 28, 2009, the landowner will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD No. 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. A representative for the property owner will be present during the meeting should any questions arise regarding these proceedings. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. RG exec ully submitted, Peter .Bryan ~~ Fire Chief Attachments P183 RESOLUTION NO. FD 09- D© J A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 08-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY , WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1 /2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P184 Resolution No. FD 09- Page -2- C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualifed electors of the Annexation Area; D. the Secretary, acting as the election off cial, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES.OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Boundary Map of Community Facilities District No. 85-1 Annexation No. 08-2 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be fnanced from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or residentwithin the Annexation Area to clearlyestimate the maximum amount of the special tax that such person will have to pay. P185 Resolution No. FD 09- Page -3- The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions, of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Revised Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. .The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 28th day of January 2009, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax maybe levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election . shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX•LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Boundary Map of Community Facilities District No. 85-1 Annexation No. 08-2 Rancho Cucamonga Fire P186 Resolution No. FD 09- Page -4- Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Ordinance No. FD 47 to finance fire suppression and protection services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is herebyauthorized to take anyand all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite numberof official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed grid/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. . H. Furnish a tabulation of the numberof votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. P187 Resolution No. FD 09- Page -5- PASSED, APPROVED, AND ADOPTED this AYES: NOES: ABSENT: ABSTAINED: ATTEST: Janice C. Reynolds, Secretary day of 2009. Donald J. Kurth, M.D., President I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2009. Executed this day of 2009 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P188 Resolution No. FD 09- Page -6- EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 08-2 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 08-2 for Fiscal Year 2008-2009 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($148.04) Multi-Family 2 DU: 1.75 = ($148.04) 3 DU: 2.25 = ($148.04) 4 DU: 2.65 = ($148.04) 5-14 DU: 2.65 = ($148.04) + {.35 (TU-4) ($148.04)} 15-30 DU: 6.15 = ($148.04) + {.30 (TU-14) ($148.04)} 31-80 DU: 10.65 = ($148.04) + {.25 (TU-30) ($148.04)} 81 - up DU: 23.15 = ($148.04) + {.20 (TU-80) ($148.04)} Commercial ($148.04) per acre + $.080 per SF Industrial ($148.04) per acre + $.098 per SF Note: DU =Dwelling Unit TU =Total Units SF =Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2008 and each July 1 sc thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. P189 Resolution No. FD 09- Page -7- REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition; multi-floor commercial and industrial structures shall be granted a reduction in Special Taz for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: - which is not owned by a public or governmental agency; - which is not vacaht; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. P190 STAFF REPORT , _ PL-INNING DEP.-~RTMENT ~ ~!`'~''J' ^Y~AL~N^Cr' H~OJ C,UCAMONGA Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION 'FOR THE REVOCATION OF CONDITIONAL USE PERMIT 87-06R -PEPPER'S MEXICAN RESTAURANT - To consider revocation of a Conditional Use Permit for the serving of distilled spirits in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 89-04R. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION FOR THE REVOCATION OF ENTERTAINMENT PERMIT 89-04R. - PEPPER'S MEXICAN RESTAURANT - To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Conditional Use Permit 87-O6R. RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission's revocation of Conditional Use Permit EP87-06, and Entertainment Permit EP89-04 and deny the applicant's appeal. BACKGROUND: On November 20, 2008 staff received a letter from the applicant's attorney, D. LaBruce Allen, requesting that the hearing for Conditional Use Permit CUP87-06R and Entertainment Permit EP89-04R be continued from the December 3, 2008 City Council meeting to the City Council meeting on January 21, 2009. The continuance was requested in order to give the applicant's attorney time to review and prepare for the City Council hearing. Since the Planning Commission staff report on October 22, 2008, the applicant has applied for and the Planning Department has approved a business license for a restaurant and the applicant has paid all back fees. Beyond this change, staff has not received any additional information regarding the appeal and does not wish to make any additional changes to the original Staff Report dated December 3, 2008. Respectfully submitted, ~- !2 ~~ Ja s R. Troyer, AICP Plamhing Director JT:TV/ds/Is P191 CITY COUNCIL STAFF REPORT CUP87-06RAND EP89-04R-PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 2 Attachments: Exhibit A -City Council Staff Report dated December 3, 2008 Exhibit B -Planning Commission Staff Report dated October 22, 2008 Exhibit C -Signed Planning Commission Resolutions OS-60 and 08-61 Exhibit D -Approved Planning Commission Minutes dated October 22, 2008 Exhibit E -Appellant's Letter of Appeal dated November 3, 2008 Exhibit F -Letter from the Law Offices of Bruce Allen dated November 19, 2008 Draft Resolution Upholding the Planning Commission's Revocation of Conditional Use Permit CUP87-06 Draft Resolution Upholding the Planning Commission's Revocation of Entertainment Permit EP89-04 P192 STAFF REPORT - PLANNING DEPARTMENT RANCHO C,UCAMONGA Date: December 3, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSSION DECISION FOR THE REVOCATION OF CONDITIONAL USE PERMIT 87-06R -PEPPER'S MEXICAN RESTAURANT - To consider revocation of a Conditional Use Permit for the serving of alcoholic beverages in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 89-04R. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSSION DECISION FOR THE REVOCATION OF ENTERTAINMENT PERMIT 89-04R - PEPPER'S MEXICAN RESTAURANT - To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Conditional Use Permit 87-06R. RECOMMENDATION: Staff recommends that the Council approve the applicant's attorney's written request to continue this item to the January 21, 2009, City Council meeting. Staff also recommends that the public hearing be opened in order to allow for anyone unable to attend the rescheduled meeting to voice their opinion regarding the subject matter. BACKGROUND: On October 22, 2008, the Planning Commission approved the revocation of Pepper's Mexican Restaurant's Conditional Use Permit and Entertainment Permit. The applicant appealed the Planning Commission's decision on November 3, 2008. In their letter of appeal, the applicant outlined their intention to operate Pepper's Mexican Restaurant in conformance with the conditions described in the existing Conditional Use Permit and Entertainment Permit, including ceasing the sale of alcohol after 11:00 p.m. ANALYSIS: Staff recommended denial to the Planning Commission at its regularly scheduled meeting on October 22, 2008, for the following reasons: Pepper's Mexican Restaurant is located within the Neighborhood Commercial District which only permits bars or cocktail .lounges when they operate in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. Pepper's Mexican Restaurant is in violation of the Municipal Code, the Development Code, the approved Conditions of Approval outlined in the Conditional Use Permit, and the approved Entertainment Permit for the following reasons: a. Their floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment Permit. P193 CITY COUNCIL STAFF REPORT CUP87-06R AND EP89-04R -PEPPER'S MEXICAN RESTAURANT December 3, 2008 Page 2 b. The Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may operate to, for example, between 11:00 a.m. and 11:00 p.m. The applicant is offering the sale of alcoholic beverages after 11:00 p.m. c. The Entertainment Permit limits entertainment to a live band with up to four members and dancing. They are currently offering music provided by a disk jockey (DJ) and have table top video games. Any intensification of the type or quantity of entertainment being offered is grounds for revocation of the permit tee. d. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal permit fee. The applicant has not filed a renewal for the years of 2007 or 2008. e. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 2. The Rancho Cucamonga Police Department made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (up to the month of June) and the Rancho Cucamonga Fire Department made 26 calls-for-service for 2007 through June 2008. Just prior to the Planning Commission meeting on October 22, 2008, the Police Department reported that they made an additional 18 calls to the site for the months of July through the second week of October. These calls-for-service included physical assaults, the serving of intoxicated persons, and public drunkenness. 3. Pepper's Mexican Restaurant is in violation of the provisions outlined in the . Development Code which require that they operate in a way that is not detrimental to the public health, safety or welfare and/or are materially injurious to properties in the vicinity. With the large number of Police Department and Fire Department calls-for-service to the business over the last two years, one can only conclude that their business is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. Moreover, the extensive calls-for-service are a drain on the City's budget and divert valuable City resources away from other residents and businesses that may need them. CORRESPONDENCE: Notice of this item was legally published in the Inland Vallev Daily Bulletin. Property owners within a 660-foot radius of the property were mailed notices and the property was posted. On November 19, 2008, a letter was received from the Law Offices of Bruce Allen (Exhibit E) requesting a continuance of the hearing to either the City Council meeting of January 14, 2009 or January 21, 2009 because of a scheduling conflict and for additional time to prepare their case. P194 CITY COUNCIL STAFF REPORT CUP87-06RAND EP89-04R-PEPPER'S MEXICAN RESTAURANT December 3, 2008 Page 3 CONCLUSION: It is staff's judgment that the extensive number of violations detailed above and in the Planning Commission Staff Report dated October 22, 2008, can not be mitigated with the addition of new Conditions of Approval to the existing Conditional Use Permit or through the modification of the types of entertainment permitted by the Entertainment Permit. Additionally, on Thursday October 30, 2008, the Rancho Cucamonga Police Department did an undercover compliance check at Pepper's Mexican Restaurant to verify conformity with the approved Conditional Use Permit. The undercover operation resulted in the Police citing the bartender and restaurant owner for violating Pepper's Mexican Restaurant's Conditional Use Permit by selling alcohol after 11:00 p.m. and arresting three restaurant patrons for being intoxicated in public. Taken together, staff believes that the revocation of Pepper's Mexican Restaurant's Conditional Use Permit and Entertainment Permit is not only justified, but is.necessary to protect the health safety and welfare of.the City's residents. Respectfully submitted, ~• ~~ Ja R. Troyer, AICP Pla ing Director JT:TV/ge Attachments: Exhibit A -Planning Commission Staff Report dated October 22, 2008 Exhibit B -Signed Planning Commission Resolutions 08-60 and 08-61 Exhibit C -Approved Planning Commission Minutes dated October 22, 2008 Exhibit D -Appellant's Letter of Appeal dated November 3, 2008 Exhibit E -Letter from the Law Offices of Bruce Allen dated November 19, 2008 Draft Resolution to Uphold the Planning Commission's Revocation of Conditional Use Permit CUP87-06 Draft Resolution to Uphold the Planning Commission's Revocation of Entertainment Permit EP89-04 P195 v4: J.- .` - :5Y ~: * 'L .. T H E C I T Y O F RANCHO C U C A M O N G A Staff Report DATE: October 22, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Tabe van der Zwaag, Associate Planner SUBJECT: REVOCATION OF ENTERTAINMENT PERMIT 89-04R -PEPPER'S MEXICAN RESTAURANT - To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 87-06R. REVOCATION OF CONDITIONAL USE PERMIT 87-06R -PEPPER'S MEXICAN RESTAURANT - To consider revocation of a Conditional Use Permit for the serving of alcoholic Beverages in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 89-04R. BACKGROUND: On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conductedlan ABC compliance check of multiple bars in the City including Pepper's Mexican Restaurant. The compliance check resulted in one patron's arrest for public intoxication, the bartender being cited for serving alcohol to an intoxicated person, and' Pepper's manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check including Pepper's expired business license and the extensive history of police calls-for-service to the business. The City sent the applicant a letter requiring that Pepper's Mexican Restaurant bring their business license current and pay back fees. The applicant brought the business license application form to the Planning Department for zoning compliance verification. The application listed the business name as Pepper's Sports Bar and described the business as being a sports bar and grill with live entertainment and televised sporting events. The Planning Department staff sent the applicant a letter on August 14, 2008, (Exhibit A) informing him that a sports bar is not permitted in the Neighborhood Commercial District and that the approved Conditional Use Permit for the location was for a restaurant with a bar. The applicant was advised in the letter to cease the sports bar use within 10 days from the date on the letter. The applicant contacted Planning Department staff and informed them that they were in the process of reopening the restaurant's kitchen and that they would remove the "Sports Bar" sign. Staff visited the site a few weeks later and found that the applicant had removed the "Sports Bar" sign and that the kitchen appeared to be in operation, but that the floor plan for the dining ~X~iI~iT ~ P196 PLANNING COMMISSION STAFF REPORT CUP86-07 and EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 room was no longer in compliance with the approved entertainment permit. Instead, the dining room had a layout that is more commonly found in a sports bar, including a low bar table around the dance floor with table top video games facing a large screen television, high bar tables and chairs and small cocktail tables. Staff researched the improvements and found that the improvements were never reviewed by the Planning Department. A follow up letter was sent to the applicant on September 17, 2008, (Exhibit B), informing him that staff had visited the business and found that Pepper's Mexican Restaurant was in violation with the approved Conditional Use Permit (CUP87-10) and the approved Entertainment Permit (EP90-36). The applicant was given 30 days to bring the business back into compliance with the approved entitlements and listed a series of changes that were required to gain compliance. On September 24, 2008, a detective from the Rancho Cucamonga Police Department came to the Planning Department and delivered a report compiling all the calls-for-service that the Police Department and the Rancho Cucamonga Fire Department have made to the site. This includes 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (up to the month of June) by the Police Department and 26 calls-for-service for 2007 through June 2008 by the Fire Department. Included for review is a letter written by Sergeant Jeffrey Notaro of the Rancho Cucamonga Police Department summarizing the results of their investigation (Exhibit C). Also included is a pie chart breaking down the types of calls-for-service to the location for 2007 and 2008 (Exhibit D). Because of the large number of calls-for-service and the applicant's lack of compliance with the approved entitlements, staff scheduled a public hearing for the Planning Commission to consider the revocation of the applicant's Conditional Use Permit and Entertainment Permit. Planning Department Entitlements: On March 10, 1987, the Planning Commission approved Conditional Use Permit CUP87-06 (Resolution 87-70) (Exhibit E) permitting Amici's Pizza N Stuff Restaurant to expand their existing restaurant by 900 square feet (for a total 3,700 square feet) and to serve alcoholic beverages. The Conditions of Approval limited the service of alcoholic beverages to be between the hours of 11:00 a.m. and 11:00 p.m. and required that a full menu be provided when alcoholic beverages were served. On March 28, 1990, the Planning Commission approved Entertainment Permit EP89-04, Resolution 90-36, (Exhibit F), allowing Pepper's Mexican Restaurant to have live entertainment from Tuesday through Saturday, between the hours of 8:30 p.m. and 1:00 a.m. Permitted entertainment was limited to a "single musician or small combo (3-4 piece) to play jazz or soft pop music." They were also permitted to allow dancing on a dance floor not to exceed 146 square feet. The approval stipulated that any intensification or type of entertainment would require the modification of the Entertainment Permit. Entertainment Permits are required to be renewed on a yearly basis. The last renewal on file for Pepper's Mexican Restaurant was for the year 2006. ANALYSIS: The premise of a Conditional Use Permit is to create the flexibility necessary to achieve the objectives of the Development Code and the General Plan, while at the same time allowing uses whose unique operating characteristics requiring special consideration in order to operate in a manner that is compatible with the surrounding uses and to mitigate any potentially adverse impacts. The Conditional Use Permit sets forth Conditions of Approval judged P197 PLANNING COMMISSION STAFF REPORT CUP86-07 and EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 3 necessary in order to meet the goals set forth in the Development Code for the district in which the business operates. Once approved, the Planning Commission has the authority to review a Conditional Use Permit at any time in the future in order to verify that the business is in compliance with the Conditions pf Approval set forth in the Conditional Use Permit and that its operation is not detrimental to the public health, safety or welfare or materially injurious to the other properties in the vicinity. If the Planning Commission finds that the use violates the Conditions of Approval or is detrimental to the other property owners in the vicinity, and that modifications are not available to mitigate the impacts, the Commission has the authority to revoke the Conditional Use Permit, which will require the business to cease and desist the use in the time allotted by the Commission. Following the revocation of the Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same use on the same site may be filed within one year of the date of the revocation. Pepper's Mexican Restaurant is located within the Neighborhood Commercial District which only permits bars or cocktail lounges when they are operated in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. Pepper's Mexican Restaurant is in violation of the Municipal Code, the. Development Code, the approved Conditions of Approval outlined in the Conditional Use Permit and the approved Entertainment Permit for the following reasons: The current floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment Permit. 2. The Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may be operated which is between 11:00 a.m. and 11:00 p.m. According to the applicant and police reports, the applicant is offering the sale of alcoholic beverages after 11:00 p.m. 3. The Entertainment Permit limits entertainment to a live band with up to four members and dancing. They are currently offering music provided by a disk jockey (DJ) and have table top video games. Any intensification of the type or quantity of entertainment being offered is grounds for revocation of the Entertainment Permit. 4. The Municipal Code (Section 5.12.115) requires that all holders of an Ehtertainment Permit must file and pay a yearly renewal of their Entertainment Permit. The applicant has not filed a renewal for the years 2007 or 2008. 5. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. In addition to the above violations, Pepper's Mexican Restaurant is in violation of the provisions outlined in the Development Code which require that they operate in a way that is not detrimental to the public health, safety or welfare and/or are materially injurious to properties in the vicinity. With the large number of Police Department and Fire Department calls-for-service P198 PLANNING COMMISSION STAFF REPORT CUP86-07 and EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 4 to the business over the last two years, one can only conclude that their business is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. Moreover, the extensive calls-for service are a drain on the City's budget and divert valuable City resources away from other residents and businesses that may need them. In conclusion, it is staff's judgment that the extensive number of violations outlined in this report can not be mitigated with the addition of new Conditions of Approval to the existing Conditional Use Permit or through the modification of the types of entertainment permitted by the Entertainment Permit. Additionally, the data provided by the Sheriff's Department shows that calls-for-service for the year 2008 (43 as of June 2008) are on track to greatly surpass the already large number of calls in 2007 (42). Taken together, staff believes that the revocation of Pepper's Mexican Restaurant's Conditional Use Permit and Entertainment Permit is not only justified, but is necessary to protect the health safety and welfare of the City's residents. Environmental Assessment: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.. The project qualifies as a Class 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Because the action is to deny an existing Conditional Use permit and Entertainment Permit because of violations of the agency's regulations and of the approved Conditions of Approval and that no construction is proposed, staff finds that there is no substantial evidence that the revocation may. have a significant effect on the environment. RECOMMENDATION: Staff recommends that the Planning Commission approve the revocation of Conditional Use Permit CUP87-06 and Entertainment Permit EP89-04 by adoption of the attached Resolutions of Revocation. Respectfully submitted, R. ~ ~. ~- Ja s R. Troyer, AICP Planning Director JT:TV/ge Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Resolutio - Letter to Applicant dated August 14, 2008 - Letter to Applicant dated September 17, 2008 - Letter from the Rancho Cucamonga Police Department - Pie Charts Summarizing Calls-for-Service for 2007 and 2008 - Conditional Use Permit CUP87-06 (Resolution 87-70) - Entertainment Permit EP89-04 (Resolution 90-36) ns of Revocation for CUP87-06 and EP-89-04 ~Y, (/-~~ ..f ~ ', 1 1 Mr.,,,. ~ J DoNALO J. xoR-rrt, MP199 Mayor Pra Trm ' L. DENNIS MICHAEL Councilmrmben REx GvnexxEz ~ SAM SPAGNOLO _ DIANE WILLIAMs ~ THE CITY OF RANCHO CUCAMONGA Ciry Managn ]ACKLAmI,AICP RANCHO C,,UCAMONGA . August 14, 2008 Frank Frias 9754 Balaton Street Rancho Cucamonga, CA 91737 Dear Mr. Frias: The Planning Department has received your application fora Business License (location 9740 19t Street). At this time the application cannot be approved by the Planning Department for the following reason: The proposed activity (Sports Bar) is not permitted in the Neighborhood Commercial Zone. For reference purposes, a Conditional Use Permit for a restaurant with a bar was previously approved per the attached resolutions: however, the current use is not in compliance and must cease immediately. Please cease the Sports Bar use within 10 days from the date of this letter. If compliance is not received by that time, the Planning Department will forward the matter to the Code Enforcement Division for compliance processing and may include forwarding the matter to the City prosecutor. If you have any questions or need further assistance, please feel free to contact this office at (909) 477-2750. Sincerely, ~. Corkran . Nic~iolsoL---" '-"' `-- Assistant Planning Director Attachment: Resolutions of Approval - C: Business Licenses- - Code Enforcement CA Department of Alcoholic Beverage Control I ~ I ~ A 07 • Rancho Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Fax 909-477-2849 • www.ciryofrcus ~~ DONALD ]. KURTH, M.D THE CITY OF RANCHO CUCAMONGA Mayor ProTP20~ L. DENNIS MICHAEL Counri[memberr 1tEx GUTIERREZ SAM SPAGNOLO DUNE WILLIAMs Ciry Managrr JACK LAM, AICP RANCHO C',,UCAMONGA September 17, 2008 Frank Frias 9754 Balaton Street Rancho Cucamonga, CA 91737 SUBJECT: ENTERTAINMENT PERMIT. #89-04 AND CONDITIONAL USE PERMIT #87-06 FOR PEPPER'S RESTAURANT LOCATED AT 9740 19TH STREET Dear Mr. Frias: This letter is a follow-up to our earlier communications regarding- the operation of Pepper's Restaurant. As was previously discussed, Pepper's Restaurant must operate in conformance with the conditions outlined in Resolution Numbers 87-70 and 90-36 (see attached) and the regulations butlined`in the Development Code pertaining to businesses located in the Neighborhood Commercial (NC) District. -Staff visited your business and found that it is hot in' compliance with the approved permits or the Development Code. Conditional Use Permit #87-06 permits you to serve alcoholic beverages 'in conjunction with asit-down restaurant that serves a full menu, and Entertainment Permit #EP89-04 permits the restaurant to have live entertainment including a band with up to four members and a dance floor not to exceed 146 square feet. The Developmeht Code ohly permits bars when they are operated in conjunction with asit-down restaurant (full-table service). Staff's visit found that the dining room has been converted into a bar area. The approved dance floor is now surrounded by a low Liar table with table top video .games facing a large screen television. Additionally, the reception area and booths have been replaced with high tables along one wall and a long bench seat with small tables along another wall. This floor plan is not in compliance with the approved Entertainment Permit (see enclosed) or with the common layout of a sit-down restaurant. To ,regain compliance with the originally approved permits, the following changes must be made: Return the floor .plan to that approved under Entertainment Permit EP89-04. This includes providing areception/waiting area and an eating area with booths and low tables. 2. .Provide table service with a full menu at all times that the business is open. 3. Remove the bar surrounding the dance floor, the video games, large sdreen television and, all high tables from the dining area. 4. Limit the entertainment to a live band with up to four members playing jazz or soft pop music. Music provided by a disk jockey is not permitted under the current Entertaihment Permit. 5. The maximum hours that alcoholic beverages may be served are, between the hours of 11:00 a.m. and 11:00 p.m. 6. Remove the alcohol advertising signs from the windows. 10)00 Civic Cenmr Dr. • P.O. Box 307 • Rmchn Cucamonga, CA 917_'9-0807 • Tzl 909-477-_'700 • Fax 909-477-'_849 • vnv+.ciryofrcus ~~~BBO~ ~ ac, io ~,,~Q FRANK FRIAS EP89-04 AND CUP87-06 -PEPPER'S RESTAURANT September 18, 2008 Page 2 P201 The above changes must take place within 30 days of this letter.. If compliance in not obtained by that time, the Planning Department will begin the revocation process of your Conditional Use Permit and Entertainment Permit: - If you have any questions or need further assistance, please feel free to contact at (909) 477-2750, Monday through Thursday from 7:00 a.m. to 6:00 p.m. Sincerely, Corkran W. Nicholson Assistant Planning Director c: Business Licenses Kurt Keating, Code Enforcement California Department of Alcoholic Beverage Control R A N C H O C U C A M O N G A P2oz ~ ~ ~ ~ To: James Troyer, Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 On August 8, 2008, deputies from the San Bernardino Sheriff's Department, along with a combined effort from ABC (Alcohol Beverage Control) conducted an ABC compliance check in the city of Rancho Cucamonga. The team inspected approximately eight locations throughout the city of Rancho Cucamonga, which included the following: Yard House, Buffalo Wild Wings, Peppers Bar, Knockers Bar, Mc Alan's, Dean's of Cucamonga, Gilbertos, and Hide-a-While. Approximately eight subjects were arrested for various crimes. Peppers Bar was cited for B&P 25602(a) (Sales to Intoxicated Person), PC 647(f) (Public Intoxication), and the on-site manager was cited for violation RCMC 5.04.030 (Licenses Required) after the business was identified as having a business license expired on 08/31/05. After reviewing previous calls for service, the biggest problem found is the violence that ensues at Peppers Bar. These violent acts pose a threat to the public and to law enforcement. The number of calls for service and the types of calls being handled illustrates the necessity that Peppers Bar be identified as a nuisance establishment in the city of Rancho Cucamonga. The following data shows the calls for service for 2007 and January through June of 2008 for Rancho Cucamonga Police Department. -January through December 2007: Total calls for service - 42 -January through June 2008: Total calls for service - 43 Calls for service were gathered from the Rancho Cucamonga Fire Department related to the following types of medical responses: assaults, medical aids, and unknown medical problems. The data was collected from actual calls to Peppers Bar located at 9740 19`" Street and calls for service to the area of Archibald Avenue / 19`" Street. -2007 through 2008: Total calls for service - 26 If you have any questions, please contact me at (909) 477-2865, Tuesday through Friday, between 9:00 a.m. and 7:00 p.m. Sincerely, MET Divi oh- ergeant Jeffrey Notaro Rancho Cucamonga Police Department ~" rapt r RANCHO ~UCMiONOA (;,u.irouvin ~~~'°~ ~ ~ ~~ C RANCHO CUCAMONGA, CA 91730 • (909) 477-2800 • FAX (909) 477-2863 PC d.o aa-o g ill .~ ~ N cf' OO ~~ ~ ~ '~ i O ~ ca g ~ ~ l~ ® ~ ~ .~ (/~ ~ ' O Q~ ~ ~ V 4~ ^ /~~~ W _ `del ® ww d\ ~ 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ''~^^ V (Q ~Xf°I I ~I1° D ~: ~o a.a--~~ 0 m a 0 a J ~ d V ~ N H C fn N 'a Q L L ~ ~ '' V ~ ~ ~ ~ N 0 ` r ~ ~ ~ ~ ~ o. r ~ o~ ~ QI ~ .__ L v ~ a = Q 0 = L O 1 y~~1 //~/ W ~ ~ 1 N ~ 1 ~ 1 N 1 N (A N V V V ~ N ~ N M r 0 ~ ^ ^ ~ p ~ Y~ .~ M II ~ i ~ , ~ ~ p ~ ® i ~ ~ ~ ~ ~ y ~° ® Q~ ~ .~ > (/~ e ~_ t$ `~ ® ~ U ~ ^e `~ O ^,, ^ ~W v ~ ~ ~ se ~ ~ ~ ~ 0 0 O i~ m a 0 a r 0 ... ~. ~ R ~ ~ N a.+ ~ L Q m t f - ~ C L '^ ~ .~ ~ u~i Q ~ N ~ ~ ~ = o ~ ~ N ~ a ~ ~ (.~ ~ d = cc ~ L 0 V r r o~ t O v N N N ~ ~ - - - ~ V ~ V V ~ r L[1 M r r ® ^ ^ P205 RESOLUTION N0. 87-70 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT N0. 87-06 FOR THE SERVING OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AMICI'S PIZZA N STUFF RESTAURANT LOCATED AT 9740 19TH STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT - APN: 202-271-57 WHEREAS, on the 10th day of March, 1987, a complete application was filed by Rancho Cucamonga Realty Properties II, Ltd. for review of the above- described project; and WHEREAS, on the 13th day of May, 1987, the Rancho Cucamonga Planning Commission held a public hearing to consider the above-described project. NOW; THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: SECTION 1: That the following findings can be met: 1. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located: 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions-of the Development Code. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on May 13th, 1987. SECTION 3: That Conditional Use Permit No. 87-06 is approved subject to the following conditions: 1. This approval shall apply to both the serving of alcoholic beverages and the 900 .square foot expansion of the existing facility. 2. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, Foothill Fire District requirements and Public Health codes. 3. Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. E~HIEIT E ~~ ~„~.;1-~Q RESOLUTION N0. CUP 87-06 - Rancho Cucamonga Realty ^~ May 13, 1987 Page 2 4. All signage shall be designed in conformance with the Comprehensive Sign Ordinance and shall require review and approval by the Planning Division. 5. The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 6. The Conditional Use Permit is granted for an indefinite time period. However, in the event that this use causes adverse effects on adjacent businesses or properties, the Commission may consider revisions or additions to any of the conditions stated hereon. 7. The bar in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 11:00 p.m. 8. Approval of the 900 square foot expansion is contingent upon preparation of a written agreement, assuring the continued availability of the number of stalls designated for joint use, as required by Development Code Section 17.12.O4OD.1. APPROVED AND ADOPTED THIS 13TH DAY OF MAY, 1987. PLAIJNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATT I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of May, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, BLAKESLEY, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE P206 ABSENT: COMMISSIONERS: NONE P207 RESOLUTION N0. 90-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO ENTERTAINMENT PERMIT 89-04 TO ADD ADDITIONAL NIGHTS AND EXTEND THE HOURS ALLOWED TO OPERATE AND CONDUCT ENTERTAINMENT WITHIN PEPPER'S MEXICAN RESTAURANT, LOCATED AT 9740 19TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10. A. Recitals. (i) On May 21,.1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. (ii) On August 15, 1989, Jeanne Bhatnagar filed for an application for the issuance of an Entertainment Permit (EP 89-04 ). (iii) On the 27th day of September, 1989, the Rancho Cucamonga Planning Commission held a public hearing and approved the Entertainment Permit. (iv) On February 28, 1990, Jeanne Bhatnagar filed an application for a modification to Entertainment Permit 89-04. (v) On the 28th day of March, 1990, the Rancho Cucamonga Planning Commission held a public hearing to consider the above-described modification. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City of Rancho Cucamonga Planning Commission resolves as follows: 1. This Commission hereby specifically finds that all the facts set forth in the recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced March 28, 1990 hearing, including written and oral staff reports, and the written, signed and verified application of the applicant, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located on the northeast corner of 19th Street and Archibald Avenue on a lot presently improved with structures and parking which constitute a Neighborhood Commercial Center; and EXHIBIT F FL^ lo-aa.-oB PLANNING COMMISSIO'' 2ESOLUTION N0. 90-36 EP 89-04 - PEPPER 4EXICAN RESTAURANT MARCH 28, 1990 Page 2 (b) The property to the north of the subject site is a vacant parcel, to the south is a banking facility and a fast food restaurant, to the east is a Medium-High Residential use, and to the west is a vacant parcel and a Low-Medium Residential use. (c) Pepper's Mexican Restaurant is a full service restaurant serving alcoholic beverages such as beer and wine. The proposed entertainment will be provided five nights a week, from Tuesday to Saturday evenings, from 8:30 p.m. to 1:00 a.m. All entertainment will be centrally located within the facility and no admission fee will be charged. Dancing will be permitted in a dance area which totals 146 square feet. 3. Based upon the substantial evidence presented to this Commission during the above-referenced March'28, 1990 public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; and (b) That the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner; and P208 (c) That the applicant had not has any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; and nuisance; and (d) That granting the application would not create a public (e) That the normal operation of the premises- would not interfere with the peace and quiet of the surrounding Neighborhood Commercial Center; and (f) That the applicant has not made any false, misleading or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to the following conditions: (1) This. approval is for a single musician or small combo (3-4 piece) to play jazz or soft pop music. Any change of intensity of type of entertainment shall require application for modification of this permit. (2) Dancing is permitted on a dance floor area which does not exceed 146 square feet. PLANNING COMMISSIOP' SOLUTION N0. 90-36 EP 89-04 - PEPPER'S .~XICAN RESTAURANT MARCH 28, 1990 Page 3 (3) If the operation of this. Entertainment Permit causes any adverse effects upon adjacent businesses or operations, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. (4) When entertainment is being conducted,- doors shall remain closed for noise attenuation purposes. (5) Hours of operation of the entertainment use shall be Tuesday through Saturday, from 8:30 p.m. to 1:00 a.m. (6) Entertainment shall be conducted inside the building unless written consent is obtained from all adjoining tenants in conjunction with the Temporary Use Permit application process. (7) Any signs proposed shall. be designed in conformance with the Uniform Sign Program and the City's Sign Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990. PLANNING C BY: ATTEST: ISSION OF THE CITY OF RANCHO CUCAMONGA G ~ iel, 'rman it 1/ ull¢t~, ~Secretar P209 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of March, 1990, by the. following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE . jh .~ I l ~~ I i 1 S j '- u ,I I- ,\y_, I i j ~ I I; ~ I,. i ~ off/ I ' ' ~ ~,I ~ f`~ i I ~~ ytt JJI 1 I ~ ~ `1 :.~w I ~1 ~ ~ ~ < ,~p. .. f ~I~. ~i. - ~ _ ,. ~' _:. ~..- ',,•._(~~~ ~' z'a~ _7.91 ----- ~D i i _ ,,iN I ,~ _ .. ~,; , . I I n ~.(,r ti ~ ~ -0 I{' v I J, {• i~ __-_ _i ., ... .. it l r't -•~r' lo'. o' I ~. p'•o~ i1 'J-0"M1L'17t L' i2'4'~'fb' 1/~; .t. t .,~ "!. In I...._~ MUSIGIft'T! ,. . 1 •~rti' ' ---' ~ - - - - - c' --• ' ~ '. I ..-._~ i I .-~~ DAr.1GE. ,~.. _ -~ ~ ~L OO~_ .. I" I '4~ i_ ~ n I ~'- ' I`. ;, .. ~~ 1. 1= ~ . ~~ +. I ---, ~ . . I '~a ~ ~ 7 ~•-- '. ---- ~-- r i - - ~"~ .. ~Tre'Y . s,.•. t. CITY OF'RAN~HO CUCAMONGA ITEM: Modification to EP 89-04 PLANI~IIIVG DIVISION TTI'LE: Floor Plan EXHIBIT: B SCALE: N/A ;: I ,3 j ~. i I `I _.._ P210 P211 RESOLUTION NO. 08-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10. A. Recitals 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Pepper's Mexican Restaurant filed an application for the issuance of Entertainment Permit No. EP89-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application," 3. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street; b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron being arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person and Pepper's Mexican Restaurant manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check including Pepper's expired business license and the extensive history of police calls-for-service to the business; and ~~Hi~IT ~ P212 PLANNING COMMISSION RESOLUTION NO. 08-60 EP89-04 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 d. The Development Code requires that businesses operate in a way that is not detrimental to the public health, safety or welfare andlor are materially injurious to properties in the vicinity. There have been more than 80 calls-for-service by the Police Department and Fire . Department to the subject business over the last two years; and e. The approved Entertainment Permit limits entertainment to a live band with up to four members and dancing. The business currently offers music provided by a diskjockey (DJ) and has table top video games in violation of the approved Entertainment Permit; and f. The existing Entertainment Permit prohibits the intensification of the type or quantity of entertainment without modification of the existing permit with failure to do so is grounds for revocation of the Entertainment Permit; and g. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal of their Entertainment Permit. The applicant has not filed a renewal for the years 2007 or 2008; and h. The Municipal Code requires that all businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application has been contrary to the public health, safety, morals or welfare in that over the last two years there have been extensive calls-for-service to the applicant's business for crimes including assaults and public drunkenness; and b. That the establishment has been operating in an illegal, improper, and disorderly manner in that the applicant has been operating the business without a business license and there have been have been extensive calls-for-service to the business by the Police Department; the applicant has violated the Conditions of Approval of the existing Entertainment Permit by offering entertainment not covered bythat approval; and, the applicant has not renewed their entertainment permit on a yearly bases as required by the Municipal Code; and c. That granting the application will create a public nuisance in that the Police Department have made extensive calls-for-service to the site for criminal activity on both the inside. and outside of the applicant's business. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Since the action is to deny an existing Entertainment Permit because of violations of the agencies regulations and the approved Conditions of Approval, there is no substantial evidence that the revocation may have a significant effect on the environment. The PLANNING COMMISSIC iESOLUTION NO.OS-60 EP89-04 -PEPPER'S MEXICAN RESTAURANT October 2P, 2008 Page 3 Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby revokes Entertainment Permit EP89-04. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: <\%~~ Richard B. Fletcher, Chairman ATTEST: ~ ~ • ~t/lJ Ja es R. Troyer, AICP, Secr tary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE P213 ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: STEWART P214 RESOLUTION N0.08-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. CUP87-06 FOR THE SERVING OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant filed an application for the issuance of Conditional Use Permit No. CUP87-06, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution' are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street. b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consists existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron be arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person and Pepper's Mexican Restaurant manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results ofthe compliance check, including Pepper's Mexican Restaurant expired business license and the extensive history of police calls-for-service to the business; and d. The Rancho Cucamonga Police Department reports that they have made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (through the month of June). Additionally, Rancho Cucamonga Fire Department has made 26 calls-for-service to the site for the year 2007 through the month of June 2008. PLANNING COMMISSION rtESOLUTION NO.08-61 CUP87-06 -PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 e. The applicant's business is located within the Neighborhood Commercial District which only permits bars or cocktail lounges when they are operated in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. The approved Conditional Use Permit requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may be operated between 11:00 a.m. and 11 :00 p.m. The applicant is offering the sale of alcoholic beverages after 11:00 p.m. f. The current floor plan is more indicative of a bar rather than a restaurant and is in violation of the floor plan approved under the Entertainment Permit. g. The Municipal Code requires that businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission.hereby6nds and concludes as follows: a. The proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located in that a stand alone bar is not permitted in the Neighborhood Commercial District: The district was created to be a low intensity land use area designed to serve the day to day needs of the local residential neighborhoods surrounding the district. The use regulations for the Neighborhood Commercial District were designed with the goal of allowing businesses that attract a local rather than a regional clientele, such as restaurants with a small bar area rather than a stand alone bar. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that the City's Police Department and Fire Department have made extensive calls-for-service to the business over the last two years which is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. c. The proposed use does not comply with each of the applicable provisions of the Development Code in that the subject business has been converted from afull-service restaurant to a sports bar in violation of the Development Code which only permits bars within the Neighborhood Commercial District when they are operated in conjunction with afull-service restaurant. Additionally, the applicant is selling alcoholic beverages after 11:00 p.m. in violation of the Conditions of Approval. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Because the action is to deny an existing Conditional Use Permit because of violations of the agencies regulations and the approved Conditions of Approval, there is no substantial evidence that the revocation may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. P215 PLANNING COMMISSION. ,iESOLUTION NO.08-61 CUP87-06 -PEPPER'S MEXICAN RESTAURANT October P2, 2008 Page 3 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby revokes Conditional Use Permit CUP87-06. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST: 1`'- Ja R. Troyer, AICP, Secret y I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: FLETCHER, MUNOZ, WIMBERLY NONE HOWDYSHELL P216 ABSTAIN: COMMISSIONERS: STEWART AYES: FLETCHER, MUNOZ ART, WIMBERLY NOES: NONE ABSENT: HOV,~.f~f'~ LL f h !_ Commissioner Stewart recused herself from hearing Items G and H for reasons of possible conflict /•~~`r G. REVOCATION OF ENTERTAINMENT PERMIT 89-04R - PEPPER'S MEXICAN RESTAURANT - To consider revocation of an Ehtertainment Permit in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011-10. Related File: Entertainment Permit 87-06R H. REVOCATION OF CONDITIONAL USE PERMIT 87-06R - PEPPER'S MEXICAN RESTAURANT - To consider revocation of a Conditional Use Permit for the serving of alcoholic Beverages in conjunction with a restaurant use, located at 9740 19th Street -APN: 1076-011- 10. Related File: Entertainment Permit 89-04R Tabe van der Zwaag, Associate Planner, presented the staff report. He gave a brief history and chronology of events noting that numerous calls for service had occurred and that a new report from the Police Department had been received covering the time period of June 6 to October 21. He noted that there were more calls in the first 6 months of 2008 than for all of 2007. He highlighted the issues addressed in the staff report. He noted that the calls for service have continued even since the time of staffs visits to the site. He said the applicant has made some of the changes that staff has requested. He introduced the officer that had worked on the case. of interest Deputy Alex Contieff stated he has been with the Police Department for 3 years and that he has experience in responding to calls for service to the location. He said he has been part of a special task force that deals with problems with bars in Rancho Cucamonga. He said the Sheriffs joined with the Alcoholic Beverage Control (ABC) and they did a compliance check on the business (and other similar businesses in Rancho Cucamonga), which resulted in a citation for serving alcohol to someone already intoxicated. He noted that several incidents were related to their bouncer(s) being involved in fights in that they would ask a patron to leave, and then the bouncer or another employee followed them out of the bar and instigated a fight or assaulted them, and sometimes were beaten to the point of unconsciousness. The officer noted 7 incidents of this type lasfyear, and 5 this year and he noted that some incidents go unreported because victims do not want to be victims. He said there have been times where victims would come to the police station to make a report the following day and that the report is then difficult to follow up on because at that point, the details of the incident may be lost. He said recently since July of this year there have been 9 assaults, 1 DUI, 5 charges of drunkenness in public and 2 other incidents. Chairman Fletcher commented that the business is being operated as a bar and it should not be operated as a bar. He asked if the owner is on the premises and if the bartender that was cited was the owner. Officer Contieff indicated that he personally was not there when the ABC did the compliance check. Chairman Fletcher asked if the altercations were occurring with City residents or people from outside of the City. Officer Contieff stated that it has been a mixture, that some regular patrons are residents that have become good friends with the bouncers and other employees. He said sometimes the regular patrons join in the fight and then people scatter when the deputies arrive. He said people do not Planning Commission Minutes -6- October 22, 2008 P217 ~~~~~~ P218 want to point fingers, but it becomes a vicious circle because some are frightened and do not want o make a report. He said it is a major problem to constantly respond to their calls for the PD, Fire and ambulance services. He said there have been multiple victims and thatthe problem has been going on for 3 years. Chairman Fletcher commented that when his wife has gone to the grocery store there late at night, she has observed motorcycles parked on the sidewalk. He asked if it is referred to as a "biker bar.." Officer Contieff stated that he does not classify the business as such. Chairman Fletcher opened the public hearing. Michael Patton stated he is the landlord and owner of the building. He said he was unaware of most of these issues. He thanked staff for their assistance. He said motorcycles on the sidewalk have been a big problem for 20 years along with skateboarders. Chairman Fletcher said the staff report indicates the business has been operating without a license for 3 years. He asked Mr. Patton if he would normally lease to a tenant without seeing their business license. Mr. Patton stated the lease agreement is 29 pages and the businesses are obligated to comply with all the laws. He said he normally leaves it to the business owner to comply with City rules. He admitted he should have asked to see the business license. Bonnie Mason stated she has been a resident since 1982 and a patron of Pepper's for many years. She said the business has a more mature aged clientele and that the owners are quick to handle situations and they ask problem customers to leave. She said they manage and are responsible neighbors and they made the requested changes to the business in only a couple of weeks. She noted the poor economy. and resulting problems if there is an empty building and the business should be given a chance to comply. She said in the later evening hours, some patrons come in already intoxicated and that many incidents involve off-duty police officers. She said she believes there is a vendetta towards the business because some of the altercations involving the off-duty officers. Mark Michau stated he takes his family there, he thinks it is a nice environment and that he is the one with the motorcycle mentioned earlier. Jennifer Stafford said she has-been employed there for 7 years and that she believes the numberof fights have decreased. She said she never felt threatened in any way while there, that it is not like a club and no bandanas or "colors" are allowed. Jessica Larena said she is a resident and a bartender at Pepper's on the day shift. She said before the current owners took over she felt very uncomfortable there. She said it is now a safe place with family clientele. She said the owners treat the customers and employees with respect and understanding. She said her shift is from 11:00 a. m. - 6:30 p.m. Chairman Fletcher asked what the night shift is. Ms. Larena said she was not sure when the night shift ends but she thought that they were closing at 2:00 a.m. Robert Cruz said he has known the owners for many years. He said he frequently goes there. He said altercations are always taken outside. He said he has never seen friends jump in to the fight and he enjoys going there. He stated he has a motorcycle and he parks it on the sidewalk. Planning Commission Minutes -7- October 22, 2008 P219 Frank Frias stated he is one of the owners of Pepper's.. He said he has been working with Mr. Nicholson and Tabe van der Zwaag regarding the problems. He produced before and after pictures of the business showing what they have done such as lowering the bar tables. He said when he purchased the business, he just followed what the previous owner did and he kept all the old employees; he tried to do everything the same. He said there were problems with the plumbing and: AC but the kitchen has never been closed. He said they made alterations because of the plumbing problems by serving food in the bar area d wring the repairs and kept serving food. He said he did not know he had to have a permit to change tables and they just enhanced the business. He said he gets positive customer feedback and it is a family oriented business and his mom is the cook. He said he is a first time business owner and he and his partner attended the ABC class to help understand what they need to do. He said he h as not done all things correctly. He said he has complied with all 6 items and they had been working on things prior to receiving the letter from staff. He produced a diagram and indicated that the dance floor is smaller and that they added a buffet table for a lunch special to promote the business. He said they are trying to comply and that they provide a full menu and they serve food until 11:00 p.m. and they close at midnight. Chairman Fletcher asked if they stay there to sober them up. Mr. Frias said they let them stay an hour to sober up, relax, enjoy their last drink because they do not want people to leave intoxicated, they give them some food before they leave. He said they removed the large TV, the video games, they do not have a band on Saturdays, they removed the beer signs from the windows and they installed security cameras. He added that people from Margarita Beach came from that business over to theirs. He said they tried to handle the situation and he asked a friend from the police department for advice. He said they would work with the City and stay within the guidelines. Chairman Fletcher asked about the ownership, if either of them has owned other restaurants, if they are on site most of the time and if they know why the number of calls doubled in the last year. Mr. Frias said he is a part owner and that Don Wright is the other partner. He said he had worked his way up in a restaurant. He said Don did not own a restaurant priorto this one but he had worked in some. He knew there would be problems with being his own boss. He said he was a bartender for JT's (a bar). He said he also worked in the insurance business for 8 years. He said he is there most days and if they are busy, he helps the other employees. He said there was overFlow from Margarita Beach and McAlans and that maybe part of the reason for the additional calls; when they close, those patrons came to Pepper's. He said they have never been cited for overcrowding. Chairman Fletcher asked when they purchased the business, if they intended to run a bar. He asked how he and his partner would consider purchasing a business and not pay City fees or for a license. Mr. Frias responded they purchased it in 2004. He said it was not intended to be a bar. He said he thought the changes they made, made it look good and he was not trying to ignore the situation. He said he had no idea how the license situation was missed. He said he assumed the fees and license had been taken care of and he was not making excuses; that when he found out, he came down to City hall to take care of it. He said the fees were minimal. Chairman Fletcher commented that it vvas minimal but also requires compliance. Mr. Frias said if someone had let him know he would have complied, that this has been a learning experience and he is trying to comply with everything. Tim Herbers stated he has been the maintenance contractor for Mike Patton. He said Mr. Patton asked him to monitor the situation. He drove by at night on two Monday nights and he observed the Planning Commission Minutes -8- October 22, 2008 P220 customers that were arriving at 11:00 p.m. went in and came right out ,and at about 12:00 midnight he observed several trips from a taxi cab apparently called to take people home. He said a patrol car also came by at about midnight and shortly thereafter the customers were out and the door was locked. Kevin Ironside said he has been a patron for 16 years and he sees a big difference and changes to the place. He said there used to be many more bikers there before the current ownership. He said they do not allow "colors" or bandanas and it is not like a bar, and he takes his 9 year old son there. He said it is a good place to go and it would be wrong to revoke their license. Don Wright stated he is the other owner of Pepper's. He said he manages the licensing and permits for the business and it was his oversight. He said he promotes the taxicab service and that if they observe a patron wobbling toward the door and are causing a problem, they have been directed to call the PD and to have them handle it. He said they have purchased high chairs and booster seats and they cut down the entertainment to 2 days per week (Thursday and Friday). Chairman Fletcher asked if he owns another bar and if he intends to operate the business as a restaurant or a bar. He said all the testimony heard tonight refers to the business as a bar and not a restaurant. Mr. Wright said he worked for a commercial ice machine company for 13 years. He said he makes sure his partner or one or two others are there to watch the business at night: He said they encourage patrons to bring their kids and they are gearing it as a restaurant operation. He said they have 3 cooks and a lunch and breakfast crowd and are preparing for the next level of advertising. He said it is hard to keep a good reputation. Chairman Fletcher asked why they have not applied for a business license or paid fees for 3 years. Mr. Wright said he had no excuse, that in the beginning the owners were there all the time working long hours and it got overlooked. He explained that when they took over, they had a temporary license. He said he has a calendar and notebook now. Chairman Fletcher said the item is the revocation of the CUP and EP. He said if the revocation is upheld, they could lose their right to do business. He asked if they could survive operating as a restaurant if the Entertainment Permit was revoked and the bar area was restricted. Mr. Wright said yes, but it would be very difficult. He said the transition would be tough. He thought they could operate as a restaurant and he could understand if they lost their Entertainment permit, but they would at least want the permit that allows them to operate under the conditions now. Mr. Frias explained that if that was the situation, they could operate a restaurant, and if in the worst case scenario they lost their entertainment permit he could understand, but they would at least want to stay open and in business. Chairman Fletcher remarked that they have totally lacked to comply with the City license and operation and that he has given them ample opportunity to explain. Mr. Frias said they already started the process and he knows it is possible and he is 100% for it and they would do anything to comply. He said they are offering a "Tequila Dinners"whereby they would offer different kinds of tequila with a 7 course dinner. He said they hope to do that once a month. He said they need a chance fo promote it. He said his mom is in the kitchen and she has great food. Planning Commission Minutes -g- October 22, 2008 P221 Gina Frias said Pepper's offers more than the night life environment and that the kitchen has never been closed. She said their food is affordable and she sees her brothers and mom working hard to make it. She said the kitchen has never been closed. She said hopefully they can get past the nighttime issues. Chairman Fletcher closed the public hearing at 10:27 P.M. Vice Chairman Munoz asked when the business found out about the expired business license and if the business is in compliance as of today. Mr. van der Zwaag stated they were notified and cited in August and that they have not signed off on a business license. They did come in and apply but we have not signed off on it because they need to be in full compliance and one has not been received that says "Pepper's Restaurant." Commissioner Wimberly expressed concern that they acquired the business in 2005 and now they are being notified. He said it has been a sports bar. He said they could condition it to go forward as a restaurant but it is not the nature of business and he has concern about that. He noted the patron control problems and that they may not be able to exist as a restaurant and that they might not be able to condition all the negative things that are occurring there. Vice Chairman Munoz said this is serious stuff. He remarked that he does not like "flip" decisions. He said the applicant validated that he does not know how to run a business but if we give him the opportunity, he'll learn. He said they want a "Mulligan" for the last few years. He said long term patrons are a great thing but he is concerned about the 22 people that were assaulted in 2007 and 15 in 2008 and then an additional 9 assaults since they found out about their permit and license problems. He said they have admitted they screwed up with mismanagement. He noted that there have been a gross number of calls for service, it must be a record, and yet the applicant is asking for another chance. He said it is "Business 101"to get a license, He said he is having trouble believing they did not know this: He said that he hears the applicant is trying but they are still not in compliance and this is mismanagement. He said his (Vice Chairman Munoz') taxes are going up (because of the service calls). He said that with respect to the CUP, the proposed use is detrimental to the public safety and welfare etc. and that the Planning Commission has the right to revoke the permits for the use. He said the applicant's business plan is no plan at all and that they just want a "Mulligan" for their past mistakes. He suggested he keep his mom out of that establishment because he would be concerned about his mother being there. Chairman Fletcher noted that all the references of the establishment tonight have been as a bar and they are not licensed as a bar. He said there is question as to whether there has been a full menu at all times. He said the applicant has produced a new floorplan, they have favorable comments from patrons, and they have refurnished a bar, but there is no license for the business to be a bar, that has alcohol with a full menu. He said he did not believe anyone (managing the business) looked at the use permit and what the requirements are. He said they are offering alcohol after 11:00 p.m. and one employee has indicated that the night shift ends at 2:00 a.m. He said he had patrdnized the restaurant himself years ago and he had a great chili relleno there. He said they had a small bar area on the side. He went back a year ago and it was his wife's comment that it is definitely a bar. He said this has changed into a bar and not operating as the permit allows. He said they still do not have a paid license and that he finds it hard to believe that one could buy a business and not think to get the appropriate licensing and permits - that it was totally ignored by the owners for 3 years. He pointed out that there are safety issues, responses by staff, illegal operations, a number of service calls, and that their business operation, according 4o some of the testimony, has created a situation that is injurious to the residents of Rancho Cucamonga and not approved forthat location. Chairman Fletcher added that he is a proponent of business but this business has totally ignored nor made any attempt for 3 years to comply or even try to comply. He said 1 owner said he was unsure if he would be successful as a restaurant, which is what the permit allows, but the other Planning Commission Minutes -10- October 22, 2008 P222 says he could do it but indicated he would need to sell much alcohol to do it. He asked staff if it is possible to resolve the situation by restricting the hours of operation and by changing the layout of the bar. He said he gets irritated with owners who come to Rancho who buy a restaurant and then try to run a bar in an area where that is not permitted; it is nothing but a bar serving some snacks or food. He said maybe this is a good time to send a message to bar owners, that we will not allowthis any more, that this is a drain of time and City resources to continually make them comply with their use permits. He said he is trying to find a solution. Mr. Troyer commented that they are not talking about just a business just out of compliance with a couple of conditions, it is a business out of compliance with numerous conditions of approval for a CUP and EP, and they have numerous reports from the police. He said they continue to operate and they pose a threat to the public safety and welfare. He said staff does not have confidence in proposing they alter the floor plan as a solution or that the owners would be responsible and that staff is not changing their recommendation tonight. Chairman Fletcher said that at one time it was once was a nice Mexican restaurant but it certainly is not a restaurant anymore, it is a bar. Motion: Moved by Munoz, seconded by Wimberly, to adopt the Resolutions revoking Conditional Use Permit 87-06 and Entertainment Permit 89-04. Motion carried by the following vote (3-0-1-1 ): AYES: FLETCHER, MUNOZ, WIMBERLY NOES: NONE ABSENT: HOWDYSHELL ABSTAIN: STEWART- carried Chairman Fletcher added that if the owners of the business disagree with the Commission's decision, they have the right to appeal the decision within 10 days. ...,. The Planning Commission took a brief recess at 10:45 p.m. to 10:50 p.m. Commissioner. Stewart returned to the Council Chambers. CONDITIONAL USE PERMIT DRC2006-00926 - WLC ARCHITECTS -A review o~,tl~`Master Phasing Plan for remaining phases of Lifeway Church project development' clu'ding a class room wing, temporary classroom modules and multi-purpose hall on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre), located at 7477tY%ineyard Avenue at Calle de Prado - APN:208-921-36. Related files: Conditional Use Pefnii~DRC2001-00439 and Non- Construction Conditional Use Permit DRC2007-00544. Ort~pnl 24, 2002, a Mitigated Negative Declaration of environmental impacts was adopted by~he~Planning Commission for Conditional Use Permit DRC2001-00439. The California Envoi{mental Quality Act (CEQA) provides that no further environmental review or NegativeDeclaration is required for subsequent projects within the scope of the previous Mitigated~egative Declaration Corkran Nicholson, Assistant Plannjn ('Director, presented the staff report. He noted that a letter was received by the Planning Commission from a neighboring resident (Charles and Barbara Rich- 8930 Balsa Street) and has:been given to the Commissioners for their review. The Commissioners confirmed that they aU~received copies of the letter. The letter was entered into the offcial record. The letter stated:the project was not built as explained to the neighbors by the church. The writer cited an issue ith the height of the street, the grading of the property, verifiable City records, building='1`ieight, the appearance of massive buildings and a wall adjacent to their property, "run ~o6nd" experienced with his concerns voiced to the City such as dust, flooding, dead trees, lights Planning Commission Minutes -11- October 22, 2008 P223 0 My name is Frank Frias, owner of Peppers Restaurant. I am requesting ann ~ c -~~ ~ appeal for the decision made by the Planning Commission on October 22, 2008. T~i~~ O ~ Conditional Use Permit and Entertainment Permit were revoked. rn ~ , ~ ~ ~~ ~ 2008, the Alcoholic Beverage Control informed me that o~ w On Friday August 8 m D , , City Business License was not current. Tuesday, August 12, 2008, I applied for renal of the business license. Later, I received a letter stating that the zoning was for a restau~nt and not a sports bar. I called the city and talked with Corkran Nicholson regarding the necessary changes. He asked that I change the signage from "Sports Bar' to "Restaurant." I changed the sign immediately (See Attachment 1). Then, I was notified that our Conditional Use Permit and Entertainment Permit was out of compliance. When the restaurant was purchased, I continued to function as did the previous owners. I was unaware that the business was not in compliance to the city's guidelines. Once aware, I had a meeting with the City Planning Commission and our building's landlord. During the meeting, I informed Corky and Tago that I was willing to conform and comply with all conditions stated. Corky offered to postpone the hearing with the information that I would comply one hundred percent.' The City Planning Director was against postponing the hearing due to his understanding of a report for calls for service. As a restaurant owner, I was not aware that I was responsible for instances in the parking lot, the area adjacent to, or places nearby the restaurant. I was never provided documentation supporting the allegations of calls for service. The police or fire department, prior to the hearing, did not provide me copies of alleged calls for service. I feel that I have been denied due process. I feel that I have been denied a fair opportunity to dispute the allegations. I have not been able to inquire about whether those calls were actually in relation to anything occurring at the restaurant. When I became aware of the alleged non-compliance, I took action to follow through with the six items as were requested by the Planning Commission. These items were corrected before the hearing (See Attachment 2 and 3). I was under the impression that with compliance, I would be allowed my Conditional Use Permit and Entertainment Permit to be renewed. As long as I conformed to the city's guidelines, the permits would be continued. ~X~'~1 1 a 0 ~~aolir/n~ ~t ~ a-ri. i ~::W~ f'll l~l Yl;h I IUbN / L (y _ ~.,.~ ..~.:,, ``' , ~"~c~c~min f _.~.6. _ __V __.__. ._M____._.,.____,_____ __ _~_._ P227' s10H180105k8G16DiP345X CITY DF RANCHO CUCRMONGR !' FINANCEYDEPARTMENT ' lO~AB CIVIC CENTER DRIVE RANCHO CUCAMONGA CA 91730 909-477-2308 I i RECEIPT: CR123376 DATE: 11/03/08 CASHIER ID: CSF11831 TIME: 14:39:22 j P/C APPEAL Planning Fees 2,231.80 1001088 4508 CK TOTAL PAID --------------2,231.88 ~ RECEIVED FROM: ' (RANK FRIAS 6 s18H1A0105k0G16D12345X i i i r~p'; ;. it ~~? ;it's%.F: '~F `.`. _..:.. o _. i131. Jy I i i NOV-19-2008 10:31A1~ fR018-Bruce Allan, Law Office +9086246286 T-161 P.002/002 F-3T3 P228 LAW OFFICES OF D. LaBRUCE ALL.BI\t 1334 N. Towne Avenue Claremont, CA 81711 Tel. (909) 824.8200 Faz. (BOB) 824-8288 Novetber 19, 2008 City of Rancho Cucamonga, Planning Commission Via Facsimile and U.S. Mail Attn: Mr.I~Ticholson (909)-077-2849 10500 Ci~zc Center Drive P.U. Dox 807 Rancho Cucamonga, CA 91729-0807 Re: Pepper's Restaurant, Frank Fazias, Conditional Use Permit 87-06, end Entertainment Fermit 89-04, Appellate Process, and Appeal item For December 3, 2008 meeting. Dear Mr. tv'icholson; My ofr""ice has been retained by Mr. Ferias to address the appellate issues regarding the above- referenced agenda item. I contacted Ms, Lois J, Schrader on November 17; 2008, and inquired as to the status of Mr. Ferias' appeal which he filed and paid for on October 3, 2008, and she advised that t}te matter was set and noticed for December 3, 2008, although lvIt. Ferias has not been provided the same fo_*mally. I advised her that Mr. Ferias was in my office, and I have calendar conrlicts for that date and would need about 30 to 45 days beyond, i.e. early to mid January, 2009, to review and prepare for such a matter on Mr. Ferias' and Pepper's Restaurant's behalf. She indicated that I would need to discuss the matter wdth you, and forwarded my call to your extension, where 1 then IeR a detailed voice mail message, with both my office and telephone numbers. As of this writing, you have net retttnted my call. either Wednesday, January 14, 2009, or Wednesday, January 21, 2009. Please also itrunedi advise my office rcgarding this matter, There is.some hope that this matter can be resolved without the necessity of going forward on the appeal as well. Looking forward to your prompt and courteous response. Very tru]y yours, --~,7 `` c Jf ~~ I~A~3RlICE ALLEN. Esq. cc: h1r. Ferias, Pepper's Restaurant DLA:bms EXHIBIT F P229 RESOLUTION NO. 09-**O ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-06, THEREBY PROHIBITING THE SERVING OF DISTILLED SPIRITS IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICTAT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant filed an application for the issuance of Conditional Use Permit CUP87-06, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Conditional Use Permit CUP87-06. 3. On the 22nd day of October 2008, the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Conditional Use Permit CUP87-06 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission is contained in their Resolution No. 08-61 and was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008, the City Council of the City of Rancho Cucamonga scheduled and advertised a public hearing to review said appeal. The appeal was continued to the 21 sf day of January 2009, as requested by the applicant's attorney. 6. On the 21st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal prior to the adoption of this Resolution. 7. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts setforth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced meeting on January 21, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to Pepper's Mexican Restaurant located in the Neighborhood Commercial District at 9740 19th Street; and b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consist of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and P230 CITY COUNCIL RESOLUTION NO. 09- CUP87-06-PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 2 c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron being arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person, and Pepper's Mexican Restaurant's manager being cited for having an expired business license. The Police Department contacted the City of Rancho Cucamonga and informed them of the results of the compliance check, including Pepper's Mexican Restaurant's expired business license and,the extensive history of police calls-for-service to the business; and d. The Rancho Cucamonga Police Department reports that they have made 42 calls-for-service for the year 2007 and 43 calls-for-service for the year 2008 (through the month of June). Additionally, Rancho Cucamonga Fire Department has made 26 calls-for-service to the site for the year 2007 through the month of June 2008; and e. The applicant's business is located within the Neighborhood Commercial District, which only permits bars or cocktail lounges when they operate in conjunction with a restaurant and always requires a Conditional Use Permit for the sale of distilled spirits. The approved Conditional Use Permit (CUP87-06) requires that the service of alcohol must be in conjunction with a restaurant and with the availability of a full menu. Additionally, it stipulates that the service of alcoholic beverages must cease when the full menu is not available to customers and limits the hours that the bar may operate (between 11:00 a.m. and 11:00 p.m). Prior to the Planning Commission Revocation hearing on October 22, 2008, the applicant was offering the sale of alcoholic beverages after 11:00 p.m.; and EP89-04; and The floor plan is in violation of the floor plan approved under Entertainment Permit 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. The proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located in that a stand alone bar is not permitted in the Neighborhood Commercial District. The district was created to be a low intensity land use area designed to serve the day-to-day needs of the local residential neighborhoods surrounding the district. The use regulations for the Neighborhood Commercial District were designed with the goal of allowing businesses that attract a local rather than a regional clientele, such as restaurants with a small bar area rather than a stand alone bar, such as the applicant was operating prior to the October 22, 2008 Planning Commission hearing. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that the City's Police Department and Fire Department have made extensive calls-for-service to the business over the last two years, which is detrimentally affecting the safety and welfare of the residents living in the surrounding neighborhood and of the business owners and customers of the commercial center in which they are located. c. The proposed use does not comply with each of the applicable provisions of the Development Code in that the subject business has been converted from a full service restaurant to a sports bar, which is in violation of the Development Code and only permits bars withih the Neighborhood Commercial District when they operate in conjunction with a full service restaurant. P231 CITY COUNCIL RESOLUTION NO. 09- CUP87-06 -PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 3 Additionally, prior to the Planning Commissions meeting on October 22, 2008, the applicant was selling alcoholic beverages after 11:00 p.m. in violation of the Conditions of Approval. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 above, this Council upholds the Planning Commission's revocation of Conditional Use Permit CUP87-06 and denies the applicant's appeal of the Planning Commission's revocation. 5. This Council hereby provides notice to Pepper's Mexican Restaurant thatthe time within which judicial review of the decision represented by this Resolution must besought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Pepper's Mexican Restaurant at the addresses identified in City records. P232 RESOLUTION NO. 09-'" ~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT NO, EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. A. Recitals. 1. Pepper's Mexican Restaurant filed an application for the issuance of Entertainment Permit EP89-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Entertainment Permit EP89-04. 3. On the 22nd day of October 2008, the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Entertainment Permit EP 89-04 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission is contained in their Resolution No. 08-60 and was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008, the City Council of the City of Rancho Cucamonga scheduled and advertised a public hearing to review said appeal. The appeal was continued to the 21 st day of January 2009 as requested by the applicant's attorney. 6. On the 21st day of January 2009, the City Council of the City of Rancho Cucamonga conducted a public hearing to review said appeal prior to the adoption of this Resolution. 7. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced meeting on January 21, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street; and CITY COUNCIL RESOLUTION NO. 09-'" EP89-04 - PEPP.ER'S MEXICAN RESTAURANT January 21, 2009 Page 2 b. The property to the north of the subject site is the I-210 Freeway; the properties to the south consists of existing single-family residences; the property to the east is an existing multi-family development; and the property to the west is an existing multi-family development; and c. On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron's arrest for public intoxication, the bartender being cited for serving alcohol to an intoxicated person, and Pepper's Mexican Restaurant's manager being cited for having an expired business license. -The Police Department contacted the City and informed them of the results of the compliance check including Pepper's Mexican Restaurant's expired business license and the extensive history of police calls-for-service to the business; and d. The Development Code requires that businesses operate in a way that is not detrimental to the public health, safety or welfare and/or are materially injurious to properties in the vicinity. There have been more than 80 calls-for-service by the Police Department and Fire Department to the subject business over the last two years; and e. The approved Entertainment Permit limits entertainment to a live band with up to four members and dancing. The business currently offers music provided by a disk jockey (DJ) and has table top video games in violation of the approved Entertainment Permit; and f. The existing Entertainment Permit prohibits the intensification of the type or quantity of entertaihment without modification of the existing permit and failure to do so, is grounds for revocation of the Entertainment Permit; and g. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and 'pay a yearly renewal of their Entertainment Permit. The applicant has not filed a renewal for the years of 2007 or 2008; and i" h. The Municipal Code requires that all businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 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 Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application has been contrary to the public health, safety, morals or welfare in that overthe last two years there have been extensive calls-for-service to the applicant's business for crimes including assaults and public drunkenness; and b. That the establishment has been operated in an illegal, improper and disorderly manner in that the applicant has been operating the business without a business license and there have been have been extensive calls-for-service to the business by the Police Department; the applicant has violated the Conditions of Approval of the existing Entertainment Permit by offering entertainment not covered by that approval; and, the applicant has not renewed their Entertainment Permit on a yearly bases as required by the Municipal Code; and P233 CITY COUNCIL RESOLUTION NO. 09-** EP89-04 -PEPPER'S MEXICAN RESTAURANT January 21, 2009 Page 3 c. That granting the application will create a public nuisance in that the Police Department have made extensive calls-for-service to the site for criminal activity on both the inside and outside of the applicant's business. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 above, this Council upholds the Planning Commission's revocation of Entertainment Permit EP89-04 and denies the applicant's appeal of the Planning Commission's revocation. 5. This Council hereby provides notice to Pepper's Mexican Restaurant that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certifed mail, return-receipt requested, to Pepper's Mexican Restaurant at the addresses identified in City records. P234 JAN-20-2008 03 5TP~1 FROlkBruce Allan, Law Office +9096246268 T-1 T3 P 001/001 F-524 LAW OFFICES OF BRUCE ALLEN 1334 N. TOWNE AVENUE CLAREMONT, CA 91711 (909) 624-6200 FAX (909) 624-6288 FACSIMILE TRANSMITTAL SHEET TO 1RUM James Troyer Bnrz Allen ODMI'ANY []AIL Cityof Rancho Cucamonga Jan. 20, 2008 PAA N{JMRFR TOTAL, NO OY HACES IN(7IB)TNG COVER 909-477-2847 one PHONE MIMBFR. \PNDPR'$ REFERttJCL NUMBFR 62274-3291 ~ YUUR RF Fr-1tCNCL N[DIBER. Peppers Restatiram 1/21/08 URGENT FOR REVIEW PLEASE CAAIDIENIT PLFA$E REPLY PLEASE RECYCLE NOTPS/COM4IENT$ 17ear Mr. Troyer. This facsimile wIU confirm our conversanon and mP consent to your request to contmue the Lcsties on agenda for the Gay Council Meeting tonwrmw night, January 21, 2009 at 7:00 prn. until Mulch 4, 2009, ac 7-0D p,m, ......... ~.... ava yv,.. a,.ai..wy . ..-„Y aay,, ..u,.wiwu,.uullcay duLL ~.tN~JC1dUV11 Su fists f"~r CITY OF RANCH®CUCAMONGA Ve yYours, JAN 2 0 2009 I7.IaSnireAllen,Esq RECEIVED -PLANNING THIS FACSTMII IF IRA N$M155ION (AND/OR DOCUMFNI$ A(,COMPANYING IT) MAY CON1AfN 1Nf URMATION THAT [$ PAT Vii FGFD ANll CUNPIDE NTI AL BFI ONG IU [ISE SENDER IP THE RE ADEA OF THIS Mi $SAGL IS NOT THE INTENDFD Itt CI YILNT, OR THE ACE NT RE$P ONS[BiF FOIL, DLLIVL1t1N(, THE MESSAGE TO THE INILNULD RE CIPIPNT YOl) ABF NhItF BY NUTIrIED THAT ANY DISSEMINAftON, I>iSTRIBUTION, DIS CLOS UAF C OP Y[ryG OR THE TAAI NC OP ANY ACT10N I N ItLL1ANCE ON THE CONTENTS OF IIS1S COm MUryI (,A I I UN I$ STAS CTLY PROHI Bi TF O IF YOU HAVE RL(.Ll VLll THIS COMM[iN[CAT[ON IN LEROR PLEASE NOT[FY THE $t NDLR BY TFF FPHONL (909j 624-6200 J _ T_ _ __ _ __ _ _ _ _ _ _ _T___ T MEMORANDUM PL.INNING DEP 1R'I hIENT Date January 20, 2009 To Mayor and City Council Jack Lam, City Manager From James Troyer, AICP, Planning Director By Adam Collier, Planning Techniaan ~ ,~ RANCHO CUCAMONGA Subject STAFF UPDATE ON A PUBLIC OBJECTION OF A PUBLIC CONVENIENCE OR NECESSITY REQUEST FOR ATYPE-20 OFF-SALE BEER AND WINE LICENSE AT AN EXISTING GAS STATION AND CONVENIENCE STORE AT THE SOUTH WEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE AT 8514 VINEYARD AVENUE Staff discussed the initial objection with Mrs O'Connell as she cannot attend City Council meetings due to her illness Following discussion, Mrs O'Connell has decided to no longer object to the application as long as staff ensures that a condition is included in the PCN requiring the posting of signs around the gas station property to prevent loitering Mrs O'Connell has since rescinded her objection to the Public Convenience or Necessity Request MEMORANDUM PLAN\I~G DFP \RT\fE\T Date January 20, 2009 To Mayor and City Council Jack Lam, City Manager From James Troyer, AICP, Planning Directo~ By Adam Collier, Planning Technician J l RANCHO ~UCAMONGA Subfect STAFF UPDATE ON A PUBLIC OBJECTION OF A PUBLIC CONVENIENCE OR NECESSITY REQUEST FOR ATYPE-20 OFF-SALE BEER AND WINE LICENSE AT AN EXISTING GAS STATION AND CONVENIENCE STORE AT THE SOUTH WEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE AT 8514 VINEYARD AVENUE Planning Department staff received a public obtection by Mrs Hazel O'Connell on December 6, 2008 in regard to the processing of a Public Convenience or Necessity (PCN) request for aType-20 Off-Sale Beer and Wine license A Conditional Use Permit (CUP) was approved by Planning Director public hearing on October 7'h, 2008, which permitted the re-opening of the existing gas station and food store with the allowance for aType-20 Off-Sale Beer and Wine license subtect to Department of Alcohol and Beverage Control approval The previous gas station and convenience store owners failed to renew the ABC License and thus it expired and required a new application Due to the fact that the census tract in which the gas station is located is oversaturated, a PCN is required prior to issuance of an ABC license Due to illness, Mrs O'Connell was unable to voice obtections to the initial CUP application and has since voiced obtections to the processing of the PCN request She currently resides in a condominium complex to the north of the subject property and she is concerned about potential criminal activity occurring as a result of the ABC license Staff investigated the calls for service at the subject property and identified a total of three (3) calls for service from January 1, 2007 to the present, including embezzlement, panhandling, and a subtect check (see attached) Staff then called and discussed the issues with Mrs O'Connell as she cannot attend City Council meetings due to her illness Following discussion, Mrs O'Connell has decided to no longer object to the application as long as staff ensures that a condition is included in the PCN regwring the posting of signs around the gas station property to prevent loitering Because this condition is not within the scope of a PCN request, staff contacted the applicant and he volunteered to place signage that states "No Loitering" around his property pending Planning Department approval for sign size and Location Upon the six-month review of the Conditional Use Permit, staff will add a condition to the resolution stating that the "No Loitering" signs shall be posted and maintained on the property e e 0 N ~' = /~///~~~/1 C ~~~' f m u U O U A z a'~ ~ V TU ~ O C v ~ C r N ~ U i m 0 0 H N d ~ C ~~ d y N d U n O N y O '9 ~L e N ~ m '~ U~ 0 m N O U 3 O O O C O U U N Q (~ J_ Q1 0 M N O 0 O U a H z w W NJ N W 0] W 0 W ~ F ~ m W v J M- m ~ ~ w ti 'n W ~ W H r°o N - 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N 7 ~ N "~ Q il 7 n N O~ O+ V ~O `D~o® o ~ n < y O ~ 7 3 N rp ~, y N ~ N ~ W ~ W ~ W ~ ? ~ ? 70 C 1P ~ ~ V ? 0 ~ +d N ~ s .~, o~ 3 y N ~ IP A N S n C d 0 3 d N C .. d 3 N w N 3 N Ol C O C .~- C_ A ~' V 8 +„ ~~ ~~ N A 0 r N~ r 3 ~~ O c C ~ ep ~ v ~ W y ... N. z ~3,° C ~ ~ 1 ~~ n ~• ~ ' 3 ~ 3 3 ~. n ~. 3 ~o ' ~ 7~ a ~ O _ +~ v 3 . .~ ~ ;~ ~ c ~ :~ ~ ~'` s a ~ N ~ ww n ~ '' W ~. ~ O I ~ ~ ~ ~' i O/ -' ~ ? ~ A ~ O r _• V ~z ~, ~ ~ ~ ~ = _~ n p~ 3 c O ~ ago ~' c ~~ 3 '* ~ ~ 3 2 N C 4 ~Q Vi d /* THE SPIRIT OF RANCHO CUCAMONGA "The best way "n to predict the futur is to invent it~~-Alan Kay Come Invent the Futurer City Council and Planning Commission Jolnt Public Workshop You are invited to attend a public workshop to review and adapt the "Spirit of Rancho Cucamonga" Guiding Principles. Place: Victoria Gardens Cultural Center Celebration Hall 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 Date: March 12, 2009 Time: 6:00 P.M. For more information, please contact: Debra McKay City Clerk's Office Rancho Cucamonga City Hall 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909-477-2700 You can also visit: www.rcgeneralplan.com P235 ST!~FF REPORT ~ '' ~; PL~INNING DEPARTMENT RANCHO Date: January 21, 2009 C,UC.AMONG.~1 To: .Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Corkran W. Nicholson, Assistant Planning Director Lois J. Schrader, Planning Commission Secretary Subject: SUMMARY OF GENERAL PLAN UPDATE ACTIVITIES FOR THE FIRST QUARTER OF 2009 Since our last update to the City Council on October 15, 2008, further progress has been made in two important task focus areas. First, the General Plan Advisory Committee (GPAC) has worked diligently to produce a draft Vision Statement i.e., a set of guiding principles for the purpose of providing the foundation for the current General Plan Update and the basis for the goals and policies to be carried out by staff. Secondly, staff and the consultant are working together to create a "Spirit of Rancho Cucamonga Road Show' to further extend the public outreach process. The following portion of this update will explain the process being used to create the Vision Statement, information regarding the proposed "Road Show," and the activities that will be forthcoming in the first quarter of 2009. Also, attached for your review is the previous General Plan Update report to the City Council, which described the processes of the initial stages of the General Plan Update and the completed activities to date. Visioneering The Visioneering public outreach effort was completed and over 700 responses were received during the outreach period. Staff and Visioneers gave presentations and conducted the Visioneering survey with individuals, groups and various community organizations. Individuals also had the opportunity to participate in the survey by downloading the questions directly from the City's General Plan Update website. The resulting response data has been compiled and analyzed by the General Plan consultant. The preliminary summary analysis of the data was presented to the General Plan Advisory Committee (GPAC) at their meeting of October 20, 2008. The analysis highlights the attractive facets of living in Rancho Cucamonga such as shopping and entertainment, equestrian, parks, and economic opportunities. The data also indicates strong responses related to concerns in the areas of traffic, safety, growth and overdevelopment. Attached is a graphic which depicts visual "bubbles" or indicators of the themes of the responses received. The top three responses for each of the questions are: 1) What makes where you live unique? 81 replied: Shopping and Entertainment 62 replied: Parks and Trails 61 replied: Equestrian P236 SUMMARY OF GENERAL PLAN UPDATE ACTIVITIES FOR THE FIRST QUARTER OE 2009 PAGE 2 Jnnwnal' 21, 2009 2) 3) 4) What are the two most important issues currently facing the City of Rancho Cucamonga? 162 replied: Traffic 77 replied: Safety 65 replied: Growth When I think about Rancho Cucamonga's future, I am most pessimistic about... 90 replied: Overcrowding 80 replied: Traffic 61 replied: Safety When I think about Rancho Cucamonga's future, I am most optimistic about... 44 replied: Continual Growth 40 replied: Economic opportunities 37 replied: Schodls Subsequently, the GPAC, with the assistance of the consultant, developed the draft Vision Statement. This draft document is tentatively scheduled to be presented, reviewed and discussed by the Planning Commission and the City Council along with the GPAC during a joint workshop on March 12, 2009, with the goal of preparing the final draft for consideration and adoption by the City Council in May of 2009. The next challenge was to find an effective tool to promote community review of, and to receive comment on, the draft Vision Statement. The answer became apparent, Let's take it on the road!" Spirit of Rancho Cucamonga Road Show In concert with the drafting of the "Spirit of Rancho Cucamonga" Vision Statement, and considering the City's commitment to a high level of community participation, the consultant will be meeting with staff for the purpose of coordinating a series of presentations called the "Spirit of Rancho Cucamonga Road Show." The concept is to share the draft Vision Statement and the progress of the General Plan Update with the community and to gain further review and comment in a casual, interactive venue. Planning Staff will use a mobile display of graphics and printed materials as part of their presentation. The presentation promises to be vibrantly visual and highly interactive. A "scribe" will note the thoughts and comments of the participants as the meeting progresses. The comments will then be forwarded to the GPAC for further consideration in finalizing the Vision Statement. The presentation and comment period will take approximately an hour. Service clubs-and interested community groups will be invited to have "The Road Show' team come to their regular organization meeting and make a presentation. The original group of Stakeholders that were interviewed last spring are also being contacted and given the opportunity to participate and comment as well. The City Council and the Planning Commission have been encouraged to provide staff the contact information of any possible additional stakeholders, so that a broader cross section of stakeholders could attend a Road Show presentation. Three additional dates will occur to capture those individuals that may have missed a prior presentation intended for their specifc community group and also for individuals newly identified as stakeholders. Staff is being mindful of scheduling at least one of these Road Show meetings at City Hall during the noon hour, which would offer a convenient opportunity for persons to attend during their lunch time. P237 SUI`4MARY OF GENERAL PLAN UPDATE ACTIVITIES FOR THE FIRST QUARTER OF 2069. PACE 3 I n?v un itY 27.2009 Additional objectives of these meetings are echoed in the printed materials that will be prepared for distribution at the Road Show meetings. These objectives are to promote the Joint City Council and Planning Commission workshop scheduled on March 12, .2009 to give a brief introduction to the land use opportunity areas; and also to promote the Land Use Open House/Community Fair event scheduled in May. The presentation materials for the Road Show will include: • Vision Statement Flyer -the "Spirit of Rancho Cucamonga" (Exhibit A) as, drafted by the General Plan Advisory Committee (GPAC) • General Plan/Opportunity Area/Schedule Flyer - a brief description of a General Plan with an overview of the update process; a mep highlighting potential opportunity areas; and a graphically presented schedule of all the tasks `and meetings involved for the update process • Joint Workshop Advertisement -announcing the Joint City Council/Planning Commission meeting (Exhibit B) • Flyer/Mailer for Local Road Show Events - a document/template that can be updated as needed to announce upcoming events (Exhibit C) • PowerPoint Presentation -prepared by Hogle Ireland for staff's use during the Road Show events which will contain the Vision Statement, a map depicting the opportunity areas, and an advertisement encouraging people to attend the joint City Council/Planning Commission Vision Statement workshop on March 12, 2009. Additionally, and concurrently, the General Plan Update website will be updated to include a member registration capability and will enable the user to comment on articles online. The site will. include word censorship and will have blog capability with security measures built in. The site will be set up in a blog style and will be maintained throughout the 12-week project time period. Following the Road Show events and the Joint City Council/Planning Commission/GPAC workshop, staff will forward to the GPAC all the comments received during the Road Show presentation and comments received from the City Council and Commission fdr a final review by the GPAC. This will occur at the GPAC meeting slated for April 20, 2009. At this time, final revisions to the draft Vision Statement will be incorporated before the final draft is moved on to the Council for consideration and adoption tentatively slated for May 6, 2009. Following the completion of the Road Show activities, a community workshop will be offered on May 16, 2009 at Central Park for the purpose of a "Land Use Open House/Community Faire." Invitations and public notice will be given announcing and encouraging attendance to this Saturday morning event. Essentially, this will be a review of the maps and materials previously analyzed by staff and the GPAC this past fall. Staff and the consultant will be on hand to answer questions and discuss land use opportunity areas with the public. The final GPAC meeting will follow on June 15, 2009. This has been a brief summary of the events which have occurred since our last update in October and highlights of what activities lay ahead for the General Plan Update Process through spring, 2009. The General Plan and Environmental Impact Report Project Schedule has been attached P238 SUMM:IRY OF GENERAL PLAN UPDATE ACTIVITIES FOR THE FIRSTQUARTER OF 2009 PnGI: 4 ],wunav 21, 2009 which also references a final workshop scheduled for September 26, 2009 called, "Test Drive the Future," as well as the tentative timelines for the remaining phases of the environmental assessment, review, and adoption process of the General Plan Update which will be comprehensively covered in future updates. Additional attachments include the Draft Vision Statement, Visioneering Response Summary, and the October 15, 2008-City Council Staff report. If there are any questions, please feel free to contact me. Respectfully submitted, Ja es R. Troyer, AICP Planning Director JRT/CN/LS Exhibits: A -Vision Statement Flyer B -Joint Workshop Advertisement C -Road Show Flyer (editable to show future event dates) D -Visioneering Response Summary E -General Plan and Environmental Impact Report Project Schedule F -Staff Report dated October 15, 2008 P239 THE SPIRIT OF RANCHO CUCAMONGA Drah Guiding Principles s part of a comprehensive program to plan for the next 20 to 30 years, the City -with the assistance of a committee comprised of residents and business owners -has prepared these draft guiding principles: the "Spirit of Rancho Cucamonga." These principles will be the foundation for the General Plan, establishing the vision and framework for future development and City services. The City is presenting the draft "Spirit of Rancho Cucamonga" to the community to hear your ideas about planning for the City's future. Do these Guiding Principles statements reflect your vision for the City? Review the Guiding Principles and tell us what is missing, what needs to be refined, and what should perhaps not be included. These statements are written to reflect future conditions -what we aspire to achieve. Share your thoughts! The Spirit of Family • Rancho Cucamonga is a people-first community with a focus on families. We strive to create an environment that leads to stable and healthy families. • Our economic development priorities are to support individuals and families by providing high-quality services and facilities. • We continue to develop and maintain a system of high- quality, world-class community parks and sports complexes that appeal to all ages and all interests, from local leagues to national tournaments. • We celebrate the family through community events such as the Founders Day Parade, critically acclaimed performing arts programs, and promotion of other family activities. • We encourage the retention, rehabilitation, and development of a diverse housing stock that caters to residents in all stages of their lives. EXHIBIT A P240 write your comments here: The Spirit of Discovery and Knowledge • Rancho Cucamonga is a community committed to life- long learning. We promote educational opportunities for people of all ages. Rancho Cucamonga's schools are a valuable asset. The quality of our schools draws people to our City. Our coalition of partnerships among the City, schools, non-profit organizations, faith-based organizations, and businesses is a model for all California cities. We partner with our school districts through joint-use facilities and extended day programs. • We promote participation in the arts, offering a variety of entertainment and education venues for enrichment, as well as providing opportunities for people to gather with friends and neighbors. We promote diverse programs and high-quality facilities such as our City-owned libraries and our Community Centers. The Spirit of Community We recognize the link between a healthy mind, body, and Earth, and this is reflected in our programs and facilities for our residents and businesses. The high quality of services the City provides strengthens community bonds and contributes to healthy lifestyles, • Through our Healthy RC program, we inspire a lifestyle that embraces a healthy mind, body and Earth through lifelong learning and enrichment, active and healthy living, and environmental sustainability. • We depend upon one another, and this is demonstrated by encouraging volunteerism at rates that are proportionally higher than any other Inland Empire city. We recognize the importance of our faith-based organizations and the impact they have within the community. The Spirit of Heritage We have an abiding respect for the heritage we share. Our historic communities -Alta Loma, Cucamonga, and Etiwanda -are at the heart of our City and must be preserved, honored, and enhanced. We encourage the preservation and restoration of historical buildings and cultural resources to recognize the contributions of our forefathers. • Foothill Boulevard (Route ~ is the historic thread that ties our community together We must continually modernize the corridor while telling the story of the past and balancing preservation. This will be done through the adaptive reuse of buildings, strong architectural design, and public art. • We promote the use of citrus and vineyard plantings to remind us of our agricultural past. Our outstanding views of the mountains, the varied natural topography of the area, and the trails that allow us to access these open spaces are an asset and must be preserved. The Spirit of Independence and Self-Reliance • Our City is committed to being a leader in providing a safe place to live, work, and play. We have a strong dedication to community planning. The quality of our built environment is by design. Our government leads by example. We are committed to achieve higher standards for community development, architecture, and landscaping. Our streetscapes reflect the high-quality development that we demand while embracing the concept of water conservation and ease of maintenance. • We promote sustainable neighborhood and building design. The City promotes a balanced approach towards development that pays attention to long-term economic strength and fiscal responsibility. A sustainable economy requires a diversrfied employment and fiscal base. We take pride in the fiscal soundness enjoyed by our City as a result of solid development decisions, prudent financial management, and a strong commitment by residents to add value through their efforts. P241 P242 The Spirit of Innovation • We emphasize development of a balanced, integrated, multi-modal circulation system which includes streets, sidewalks, bikeways and equestrian trails. The system is efficierrt and safe, and connects neighborhoods to jobs, shopping, services, and active and passive open space. We maximize the industrial economic development power of our rail and highway corrections. The Foothill Boulevard, State Route 210, and I-15 corridors are the core of our commercial devebprr~n and provide both jobs for our families and revenues for our oorrrxnunity services. Our economic base must maintain a mix of cultural, residential, local and regional commeraal, and industrial uses with stable -not transitory -types of devebprnent. • As we mature as a city, infill development will reflect our high standards and will compierrient existing development. • We are abusiness-friendly corrununity. We are committed to a fair, entrepreneurial, and successful structure of fees, assessments, and community contributions which provide the funding for the city gavernarice, public safety, and the development and maintenance of quality infrastructure, recreational programs, and open space-related facilities,. The Spirit of Tomorrow • We are dedicated to a sustainable balance in land use patterns (residential, business, agricultural, recreational, open space, and historic uses) and supporting transportation. • We are proactive in the design and development of lands within our Sphere of Influence, being vigilant in maintaining open space whenever possible. • Rancho Cucamonga will lead the way to a healthy environment. We are committed to environmental sustainability, which means meeting the needs of the present while conserving the ability of future generations to do the same. We really want to hear what you have to say. Please fill out your comments and send them to: Corky Nicholson, Assistant Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • We strive for a stable City government which respects the decisions of the past while being committed to long- rangeplanning initiatives and the positive impacts of future development. • We recognize there is an interdependent relationship between an educated citizenry, economic development, and a thriving community. THE SPIIt1T OF RANCHO CUCAMONGA P243 THE SPIRIT OF RANCHO CUCAMONGA "The best way ~~ to predict the future is to invent it."-a~a~Ka, Come Invent the Future City Council and Planning Commission Joint Public Workshop You are invited to attend a public workshop to review and adopt the "Spirit of Rancho Cucamonga" Guiding Principles. For more information contact: Corky Nicholson, Assistant Planning Director Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Date: March 12, 2009 Time: 6:00 P.M. Email: Corky.Nicholson@ciryofrc.us Phone: 909-477-2750 EXHIBIT B P244 THE SPIRIT OF RANCHO CUCAMONGA °The best way ~` to predict the future is to invent it.'.A,a~Key" Spirit of Rancho Cucamonga General Plan Guiding Principles PUBLIC WORKSHOP You are invited to attend a public workshop to review and comment on the draft "Spirit of Rancho Cucamonga" Guiding Principles. These Guiding Principles will help inform plans and decisions for the long-term success of the community. Do these Guiding Principles reflect your vision for the future? Come to the workshop and share your thoughts! Time: rThis will be editable] Date: This will be editable] Time: This will be editable] For more information contact: Corky Nicholson, Assistant Planning Director Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Email: Corky.Nicholson@cityofrc.us Phone: 909-477-2750 EXHIBIT C P245 v+ c ~V 1p w i+ C d L V {J C N ~ c N ~p C H & ~I A N L pf n C 8 EE~ a+ y o N ~ ~ °~ ~ Sul M ~ u ~ ~ rw ~ i O r0 ~ _~ AV ~ t d ,~ 3~s v c ^~ R~ d V S C +3 g 7` ^~ ~ e sl 3~ d CA c c A v so 35 EXHIBIT D ~~ ~ €~ ~~e ~~~ s eo ~~M V N nor ~ W N M V 8 N h 0 7 3 3 • g~ ~~ S~ w ° sa A gE ~` ~a~ ~_ ._ ~~ vV P246 h 0 c~ G IO V i~ N c ~) C c E 3 u ~ ~ ~ V ~ O Z V ~ C c !0 ~ ~ 3 ~ ~ ~ o a~ C ~ E V C ~ `~ ~E~ 30~ .~ 1A 0 E E .o d 3 a+ 3 v. 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O aG G w Z f-i V O U U U w a w F-~ rr~ L../ O U U 0 z w 0 w Q U Z O V U O Z U Z w F- c~G ~n w U Z O U U 0 z U Z ~G 0 r~ V O U U O U Z w 0 w r~ V V U U U 2 w ~, w Q U Z O U U O Z U Z ~G w f--~ cn w U Z O U U O Z U Z O cG w Z Q U Z O U U O Z U Z cG ur H aC w Q U Z O U U 0 z U Z w H w O U O U 2 w w Q U Z O V U O z V Z w E-~ c~C w Z F--~ r~ V ~.J r~ V U O U Z w cn w Q U Z O U U O Z U Z w F- c~ a cn w U Z O V U 0 z U Z w a c~ w r~ V 0 c~ 0 U w 0 H w Q U Z O U U 0 z U Z w 0 w H U Z O U U 0 z U Z w 0 w E-~ Q U Z O V V O z v z w O H c~G w Z E-~ a a3 d •i l7O Q V Z O U V 0 U Z ~G w 0 O O rV a O N i c a o~ 3 o r ~ ~ ,o r `w as d ® a~ •: o ~o ' ~ d a ~ a a `^ ~ ~ c: a ~ «~ ~~ ~ ~ ;~ z~ ~ o~ ~ ~ a ~ ,c .. ~ q ~ ~ ~ N u C C ~ _ V ~ C ~ N x00 ~ 'LG ob ~ Y~ ~tl n ~ y e~ ~ ~~'o v a~ ~ s c a~ 303 ~ ~ ~_ ~ t a '~ ~ v o n `0 3 tiM ~ ~ ~ ~.~ g ~ ~ e C NC ~ O H r u ----------------------------------- ~ ~ ~ ~ ~ ~ : ~ z O g •Ea c E •g ~E ~ E ~ Ea, E .e en c v ~ c pi ~ a u° ~ ~ ~+ v° u° v '~ ~ ~ ~ ray , ~ ~ ~ ~ ~ ~ c v ~ a E p~ G ; •'e cx 'e •. ~ 3Z u ~ d o ~ c V w W W 1 f~ ~.J O r~ V U O U w w F--~ Q U Z O V U 0 z U Z w 0 w Q U Z O U U O Z U Z w c~ cn w P248 ~~ STAFF REPORT PL4NNING DEPARTMENT RANCHO CUCAMONGA DATE: October 15, 2008 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James R. Troyer, AICP, Planning Director BY: James R. Troyer, AICP, Planning Director Corky Nicholson; Assistant Planning Director SUBJECT: City of Rancho Cucamonga General Plan Update Progress Report Background: The City of Rancho Cucamonga is currently updating its General Ptan. The last General Plan Update was done in 2001. When preparing the R=quest for Proposal, Staff identified two key City Council concerns that should be incorporated in the General Plan Update: healthy cities and sustainability. These two themes will be incorporated into every element of the, General Plan. Other key issues of concern that the City Council identified as part of the update were economic development of the west side of the City; neighborhood identification and infill development. A key goal of the plan is to elicit as much public participation as possible since this General Plan will most likely take the City to land use build out since the next plan update is likely to occur in 8-10 years. The .General Plan Update has incorporated several levels of community outreach and public participation. The public outreach consists of Stakeholder interviews; the formation of a General Plan Advisory Committee (GPAC); community workshops; a public opinion survey; Visioneering; the creation of a General Plan website, and periodic newsletters and press releases. This comprehensive approach to obtaining direct public input into the General Plan Update process ensures that multiple avenues were explored and employed to gain substantive input from the community during the entire General Plan Update process. Following a kickoff meeting for the .project, a group of individuals consisting of various community leaders and representative 'Stakeholders' was created. These individuals were interviewed regarding their observations about the community and where they see Rancho Cucamonga going in the future and what issues in the community they would tike to see addressed in the General Plan Update. Interviews were conducted with 52 community stakeholders. EXHIBIT F P249 Page 2 . October 15, 2008 General Plan Update General Plan Advisory Committee The General Plan Advisory Committee is another public participation. tool that the City is utilizing to enhance public participation throughout the update. The General Plan Advisory Committee consists of 23 members and is represented by the City's boards and commissions; schools districts; other public agencies; City Staff; the chamber of commerce; developers and builder associations; environmental organizations and non-profits. 'Two meetings have been held by the GPAC. The first GPAC meeting was held Juty 14, 2008 at Central park and included an introduction to GPAC roles and responsibilities and an overview of the General Plan update process. The second meeting was held on September 22, 2008 and focused on land uses. throughout the City. Members of the public were present at both meetings. This committee has held and will hold future workshops to explore materials and reports submitted for the update document such as the land use map, housing needs, etc. for the purpose of giving guidance throughout the update process. Another six GPAC meetings are scheduled October through mid-April of 2009 and will cover the following topics: • GPAC #3 Review Visioneering and Draft General Plan Framework • GPAC #4 Review Land Use and Circulation Alternatives • GPAC #5 Land Use Alternatives • GPAC #6 Community Fair Preparation • GPAC #7 Review Draft Elements • GPAC #6 Review Draft Elements Visioneering Visioneering is another example of the public outreach effort for the project. 'Visioneers' are volunteers that were charged with the task of conducting a simple, 5-question survey. Invitations to the public were issued for any interested parties to become Visioneers via newspaper articles, printed flyers, public communications at Commission and board meetings and through the General Plan Update website and via a-mail. This part of the public outreach process included atwo-month time period for volunteers to conduct the opinion surveys amongst friends, co-workers; sports teams, clubs, and neighbors. The Visioneers were offered training on July 21, and July 26, 2008 at Central Park. Volunteers and City Staff gave presentations and conducted the survey for various civic groups. The survey questions are as follows: Where do you live? p250 Page 3 October'I5, 2008 General Plan Update • What makes where you live unique? • What are the two most important issues currently facing the City of Rancho Cucamonga? • When I think about Rancho Cucamonga's future, I am most pessimistic about... When I think about Rancho Cucamonga's future, I am most optimistic about... Nearly 500 responses were received over the course of the survey time period. The responses (nearly 2,500 entries) have been individually logged and dgcum~nted by City Staff for the consultant's analysis and use with the GPAC during the update process. The results of the Visioneering survey will also be provided to the City Council once tabulated. This early phase of the update also included the creation of the General Plan Update website. The City's own website now features a special General Plan Update button on the homepage that takes the user directly to the linked Update website. The General Plan Update website can also be accessed independently of the City's website. The Update website includes an overview of the process, updated meeting information, basic descriptions of the elements that will be covered in the updated document, Visioneering information, and "contact us" information inviting feedback from the public. In upcoming months, the consultant, Hogle-Ireland, plans to further the community outreach effort by conducting a professionally managed telephone survey aimed at soliciting additional candid input from the City's residents. This update briefly conveys the various tasks that have been completed since the initial General Plan Kick-Off Meeting that was held in December of last year as well as provide a further understanding of what Staff is currently working on, and what items will be forthcoming by the end of this year. Accomplisfimenls/Activities: • Citywide bus tour for the General Pian Update consultants, Nogle-Ireland, Inc., on January 24, 2008 • Conducted a Staff workshop regarding Sustainability on March 12, 2008 • Conducted a Planning Department Retreat on March 13, 2008 • Updated GIS documents on an as needed basis for the General Plan consultants P251 Page 4 October t5, 2008 General Plan Update • February 21, 2008, Staff presented a power point presentation at a joint meeting of the City Council and CVWD on the General Plan Update, at Central Park • March -April of 2008, a Stakeholder database was created, 52 Stakeholder interviews were conducted, and an interview summary was provided • June 18, 2008, Memo to the City Council on the General Plan Update progress • June of 2008, Creation of a General Plan Update website • June 30, 2008, Staff created a Genera! Plan Advisory Committee (GP.4C) database • July 14, 2008, conducted the first GPAC meeting, at Central Park • July 16, 2008, Completed S618 Solicitatiori -Native American Heritage Commission • July 17, 2008, Staff created a Visioneer database • July 21, 2008, conducted the first Visioneering training session, at Central Park • July 26, 2008, conducted the second Visioneering training session, at Central Park • August - September of 2008, the consultant submitted several Draft Background Reports for Staffs review regarding Land Use, Parks and Recreation, Economic Conditions, Hazardous Materials, and a Healthy Community Working Paper • August 5, 2008, "National Night Out" booth -Staff had a booth for the purpose of informing the public about the General Plan Update and to conduct Visioneering surveys. Over 50 residents filled out the survey cards and additional volunteers signed up to participate as Visioneers. • August -September 2008 -Staff and Visioneer volunteers contacted service organizations soliciting their. participation for the Visioneering activity. • August 14, 2008, Visiorieering volunteers conducted the Visioneering activity and presentation for the Kiwanis Club with opinion card participation P252 Page 5 October'15,2008 General Plan Update • August 21, 2008, Visioneering volunteers conducted the Visioneering activity and presentation for the Rancho Cucamonga Lions Club with opinion card participation • September 10, 2008, Staff conducted the Visioneering activity and presentation for the R. C. Host Lions club with opinion card participation • September 2008 -mid October, 2008, Visioneer opinion card information entered onto spreadsheets for analysis by the consultant. • September 18, 2008, Staff and Visioneering ,volunteers .conducted the Visioneering activity and presentation to the Rancho Cucamonga Chamber of .Commerce with opinion card participation • September 22, 2008, conducted the second GPAC meeting, at Central Park • September 30,.2008, the Visioneering activity and presentation with opinion card participation was conducted by a Visioneering volunteer and Staff to the Rancho Cucamonga Rotary Club Current Tasks: • October 7, 2008, Historic Resources meeting with the historic Stakeholders • Prepare for the October 20, 2D08, GPAC meeting, at Central Park.. • Prepare booth materials and staffing for the Grape Harvest Festival event to be held on Sunday, November 2, 2008. • Prepare booth materials and staffing for the Etiwanda Historical Society Street Faire event to be held on Saturday, November 8, 2008. • Prepare, review, and solicit comments on background reports regarding Community Design, Resource Conservation, Public Safety, and Historic Resources • Press release on Healthy Communities Forthcoming Tasks for 2008: • Prepare for the GPAC meeting on November 17 and December 15, 2008, at Central Park P253 Page 6 October'15,2008 General Plan Update Press releases on the Visioneering Summary, Sustainability, Guiding Principles, Community Fair/Open 4ouse Preview, Revenues and Expenses, and Community Services Throughout the initial process of this General Plan Update the public participation has been well received during the various meetings and presentations by Staff and the consultant. In Staffs opinion, our outreach effort in gathering volunteers to form the GPAC and Visioneering groups has been worthwhile in that we have received nearly 500 written responses to document as additional public input into the General Plan process. 1n order to further convey to the community.the importance of such participation and to provide the community with an opportunity to learn more about the final General Plan document, the consultant team will hold an open house event toward the end of the public participation segment of the General Plan Update process. This event is tentatively scheduled for February, 2009 at which time the consultant team and Staff will conduct a .half-day "drop-in'' open house that will provide a continually running PowerPoint presentation on the process. Also, illustrative exhibits, handouts, and displays will be provided to further educate individuals on the Land Use Plan and the new General Plan Elements. Respectfully submitted, ~R.~' James R. Troyer, AICP Planning Director JRT/CN/Is STAFF REPORT ENCUINEERING SERVICES DEP.~RTT4ENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer P254 ~I~ !-~ RnNCxo C,UCAMONG.A Subject: CONSIDERATION OF AN AMENDMENT TO TITLE 13 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 13.09 ETIWANDA/SAN SEVAINE AREA STORM DRAIN PLAN RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance to amend drainage improvement fee provisions applicable to the Etiwanda/San Sevaine Local Drainage Area such that fee payment. is due at building permit issuance. BACKGROUND/ANALYSIS The City basically has two drainage areas; General City Drainage Area and Etiwanda/San Sevaine Local Drainage Area. The General City Drainage Area is regulated by Chapter 13.08 of the Municipal Code. Chapter 13.08 dictates that development drainage fees for General City Drainage Area are paid at time of building permit issuance. The Etiwanda/San Sevaine Local Drainage Area is regulated by Chapter 13.09 of the Municipal Code. Chapter 13.09 dictates that development drainage fees for Etiwanda/San Sevaine Local Drainage Area are paid prior to approval of any final or parcel map, which is much earlier then building permit issuance. Upon review of the two drainages areas, because of the Building Industry Association Housing market Economic Stimulus Package, staff concluded it would be appropriate to have payment of fees of both drainage areas be collected at building permit issuance. This will allow for development in all areas of the City to be consistently enforced. The BIA was informed of this change and fully concurs. The City Attorney's office has reviewed the proposed amendment and because no new fee is being adopted and there is no fee increase, no public hearing is required. The purpose of the amendment serves to administratively relax when fees are due. All other aspects of Municipal Code Chapter 13.09 will remain the same and in full force. This does not- impact or alter the recently adopted fee deferred housing market stimulus ordinance. ResPeet#aHy~u bmitted, ~ / ~' -Mzr~-A:=- teue~ l~ Director of Engineering Services/City Engineer MAS:DFJ/rlc Attachment P255 ORDINANCE NO. ~J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING DRAINAGE IMPROVEMENT FEE PROVISIONS APPLICABLE TO THE ETIWANDAlSAN SEVAINE LOCAL DRAINAGE AREA, AND AMENDING TITLE 13 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. Section 73.09.020 of Chapter 13.09 of Title 13 of the Rancho Cucamonga Municipal Code is hereby amended by modifying the third sentence to read as follows: "P.s described in the fee resolution, the development fee shall be paid by each developer prior td the issuance of a building permit." Section 2. Subsection E of Section 13.09.030 of Chapter 13.09 of Title 13 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "E. When fees are collected upon the issuance of a building permit, the amount of the fee ahd the area for which the fee shall tie considered paid shall be determined by the city engineer." Section 3. The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND ADOPTED this day of , 2009. Mayor I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 2009, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga ST %~FF REPORT ENGINEERING SH2VICE5 DEP9RTMENT Date: January 21, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager P256 ~~~~ ~. ~~ RANCHO C,UCAMONGA From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jon Gillespie, Traffic Engineer Subject: APPROVAL OF AN ORDINANCE RANCHO CUCAMONGA REVISING VEHICLES ON PUBLIC STREETS OF THE CITY COUNCIL OF THE CITY OF REGULATIONS PERTAINING TO PARKING OF IN EXCESS OF 72 HOURS, AND AMENDING SECTION 10.44.130 OF CHAPTER 10.44 OF TITLE 10 OF -THE RANCHO CUCAMONGA MUNICIPAL CODE RECOMMENDATION Staff recommends that the City Council approve an ordinance revising regulations pertaining to parking of vehicles on public streets in excess of 72 hours, and amending Section 10.44.130 of Chapter 10.44 of Title 10 of the Rancho Cucamonga Municipal Code. BACKGROUND/ANALYSIS On September 2, 2008, Ms. Carol Lynn Chambers of 11182 Saint Tropez Drive sent a letter to the City Council requesting that the City Council amend RCMC Section 10.44.130, storage of vehicles upon streets. Ms. Chambers has had a problem with residents from a nearby condominium complex parking in front of her home. Ms. Chambers has contacted the City's Police Department, and requested that they enforce Rancho Cucamonga Municipal Code (RCMC) Section 10.44.130. This section prohibits anyone from leaving a vehicle parked on a public street for more than 72 consecutive hours. However, some drivers have been moving their vehicles by as little as 1 foot to circumvent this ordinance. The proposed ordinance requires that a vehicle be moved by a minimum of two-tenths mile (1056 feet) within 72-hours in order to be considered to have moved. A vehicle in violation of this ordinance is subject to being removed pursuant to California Vehicle Code Section 22651 (K). A copy of Ms. Carol Lynn Chambers' September 2, 2008 letter is attached as Exhibit "A". City staff contacted ten other public agencies that have already passed ordinances similar to the ordinance being proposed by staff. The ordinance being proposed by staff was modeled on the 72- hour parking ordinance currently being used by the City of Riverside. A survey of the other agencies contacted about their 72-hour parking ordinances is attached as Exhibit "B". The proposed 72-hour parking ordinance was reviewed by the City's Police Department. While the Police Department is supportive of two-tenths mile (1056 feet) moving requirement, Chief Cusimano expressed the concern that if the Police Department is required to enforce the letter of the law in every 72-hour parking complaint that this would represent a significant increase in workload for the Police Department. A copy of the September 24, 2008 memorandum from Joe Cusimano, Police Chief, is attached as Exhibit "C". P257 CITY COUNCIL STAFF REPORT SUBJECT: Approval of an Ordinance of the City Council of the City of Rancho Cucamonga Revising Regulations .Pertaining to Parking of Vehicles on Public Streets in Excess of 72 Hours, and Amending Title 10 of the Rancho Cucamonga Municipal Code January 21, 2009 Page 2 This item was reviewed and recommended for approval by the City's Public Works Sub-Committee on November 24, 2008. Ms. Carol Chambers has indicated that she supports the proposed ordinance. The proposed ordinance was reviewed by and is acceptable as to form to the City Attorney. Respectfully submitted, Mark A. Steuer Director of Engirieering Services/City Engineer MAS/JG Attachments: Exhibit "A", Ms. Carol Chambers' September 2, 2008 letter Exhibit "B", Survey of ten other Agencies Exhibit "C", September 24, 2008 Memorandum from Chief Cusimano Ordinance Exhibit "A" 1 ] 182 Saint Tropez Dr. Rancho Cucamonga, CA 91730 September 2, 2008 Mayor Kurth City of Rancho Cucamonga P.O. Box 660 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Deaz Mayoi Kurth; i CEP `J2 2DUF' CITY 0~ RA ENGINr AINg p/yCSIMn~r;~, Re: Amending RCMC 10.40.130 I live on Saint Tropez Drive and, hke many of my neighbors on my street and Belpine Place (both north and south of Terra Vista Pazkway), have had to deal with overIlow pazking and the storage of unused vehicles from two condominium complexes that border our streets. This problem has been going on for at least nine plus years. Homeowners, north of Terra Vista Pazkway, recently successfully petitioned the city to restrict overnight pazking on the southbound side of Belpine Place. A start, to be sure, and we could do hkewise but then no one on our street or Belpine Place south of Terra Vista Pazkway would be able to pazk overnight in front of their own homes. Most homeowners on our street, quite frankly, don't want restricted pazking because they need to pazk overnight in front of their own homes. This reticence to restricted pazking is compounded by that fact that at least thirty percent of residents on both streets aze renters and transient by nature oftentimes not either willing to get involved or without neighborhood ties. I think a better solution would be to close the loopholes in the city's municipal code that allows residents, in our case, ofthe Antiqua condominiums, to store their vehicles in front of our residents for weeks on end. That code is RCMC 10.40.130. The code, as written, lacks specificity and residents of the Antigua condominiums who drive large SLTVs and pick-up trucks store their vehicles in front of our homes for sometimes weeks on end preventing us from (1) storing our trash containers on the street on gazbage pick-up day, (2) having our street cleaned by the city street sweeper, (3) pazking in front of our own homes and that includes guest pazking, (4) obstructing our views of east or west bound traffic when trying to pull out of our driveways and (5) generally creating a blight and a nuisance in our neighborhood. The fact is, these individuals do have gazages and on-site pazkine spaces and their street address is not even Belpine Place or Saint Tropez Drive but Terra Vista Pazkway. The reasons that they store their vehicles on our streets is, quite simply, because they can. And, they can because the code does not specifically state (1) when a warning to move their vehicle within seventy--two (72) hours will be issued, and (Z) what distance a warned P258 Exhibit "A" or cited vehicle must be moved to prove that the vehicle is not being stored or abandoned. The rule of thumb is the vehicle is not cited even after a complaint has been received and a warning is issued (sometimes repeatedly) as long as the vehicle moves a token distance of one lineaz foot. The vehicle could be pushed that fat. The code is meaningless as written. It's a token at best and, at worst, a source of bitter contention feat has led to everything from acts of vandalism to harassment. In summar}~, the city needs to give law enforcement a code that is enforceable to augment its restricted and residential permit pazking programs. We have aided and abetted violators far too long. It is time, to close the loopholes. It is time to change. It is time to (a)mend. It is a time to empower law enforcement. It is time. Please, inform me how I go about getting an ordinance passed, vlce the above listed cities, to clarify and thus stren~~then RCMC Code 10.40.130. Thanking you in advance for help. Respectfully, Cazol L ham/hers) Attachments P259 cc: Jack Lam Jon Gillespie / P260 Exhibit "A" RCMC 10.44.130 Storage of vehicles upon streets. A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than seventy-two consecutive hours. B. In the event a vehicle is found to be in violation of subsecfion A of this section, the vehicle may be removed as pro~~ided in California Vehicle Code Section 22651, or any successor provision or provisions thereto. (Ord. 330 § 2, 1987: Ord. 39-A § 1 (part), 1980: Ord. 39.§ 12.12, 1978) P261 Exhibit "B" W U L O L a L 0 N ti e~ N E m ~N a _ °~$n ~' ~ - ~i. v e O me R ^ ~ ~ ^ m ~ ~ ^ N 0 N ~ C I7 O Y)q NN ~ Y C m b ~N Im/1 0 u N ~ ~9 q dN C A N O N p f m T N m ^ 1° $C ~+ ~'y O ~~ 0 `Wri M y Y m~ R m dP P N ~1~1 T ~p~ ~° ^~ =ZN ~ U C o p e t j~o m ~ iD N u~ 6 C '°1 E ~~ N cdn °~ =a O Eu$ F .5 w o c m p N N m ry m m m o iq m tF ° ° E- _ _ ac°v de E m w m ~ m m O~ m _ A ~ N d~ u ~ H d E Y _ ~' 8 Q 8 02 ~ ~ ~ . ~3-ca €88a a ~ ;' 9 Y 9 ~ E R 6 4 9 u 1 9 m y O _ -~ -~ . m ° o o ° c m 8 ~ ~ ~ ~ ~ m ° E g '° ~ ~ ~ c ~ ~ C a u ? ~ d p $ ~° ~ E ~ w °° ° {p p{i~ ~ p U~ Y ~ jz E S C 0 ° E C ~ O E ~ ~ C F D E C - ~_ 5 y1 e ~ m N d ~ -° ~ 0 C Q~ IJ , ~ m U 4$ U m~° B 9 q Y m Oi m V Y ~ d G y j N _ m;~ ° p ~ N A _ m G O~ m a O E () 0;~ u G q G U C V P 8; N Or m_ p e; g 6 Q Y qq W 99 C~ L 0 a O E $ y ' ' m ° r "o ° m C A ° ° ~ og ° m~ ° a °$ o a ; c Eo-° W m ° 5 E 8 m' m;.°' F ° mp ~ c~= aA9 ;E o ~8 g 8 8 + vg~a ~ U a E$ m a ~, - a ~ wm, P o ~ mg ~ m'~ v _ ?; m5c R m S m , gHm mou ~m>$~ E p _ m ~ m o Eu p¢`; 9 3 m E m ° E m~ Y~ ° z ~ 9 m m - $w v i o m~ u - - m - yj E'o o u a O ° o R z-° a F` -° v _ o ~ v a m m Q' $ 9 m ° T m E m 6 m.° o u E m v m p ~d, Te~ ~~~ ~~o ~_ av„v~= p G S u E m t a v '° E a y E m u m ~ ~ 5$ f ~° c ~ `~ m 3 - 6 3 E m ° ~' " i m ' ' E r n E N ~ c 8 =_~ 8 5 m ' _ ~ ~ L q v Z ~i c m m m ° m . 0 m p m c m ~° v ~ t ~ ^° ; m° m m w ° _~@ `o ° a ~F cY ° m a v E °- mSE V °c_ $ o ~ > v '~ _ 5 c~ ~ T s 0 8 5 3 m _m m a '° o u ° O Z L E Si h ~ + - 5 Z 8 a m s ~' m - 2 m i 3 m ~ n ~ gg i v ~ - v' G ti °' $ o $i c C R m~ a e m c m u o~= v rn y E S ~~ o '° ~ 2 m ?'y n 8 m c ° c ° N E G ( E i d W N o ` 5 ?~~ .o'_°a i 6~' 8 o o Y o_ on ~~ m 2 3 a ` 9- - O_ m a u 'a = ° u 9 u N - ` U - 9 u u ' ~ f a' e ExhibEt "C" MEMORA.N-DUM RANCHO CUCAMONGA POLICE DEPARTMENT Date: September 24`h, 2008 To: John Gillespie, TraSicEngin~ From: Joe Cusimano, Poli~Chief ~~ Subject: RCMC 10.44.130 Storage of vehicles upon streets --~ ., _ , - 6A ~ANCHO G'UCAMONGA In response to your memo dated September 11 , 2008, outlining the current RCMC 10.44.130 (storage of vehicles upon streets) ordinance and the proposed chahges I have. some additional information to be considered. In August of 2008 the city of Riverside adopted a similar ordinance requiring vehicles be moved a minimum distance of two-tenths of a mile (1,056 feet). Riverside's approximate population of 300,000 people is handled by a traffic division about 50% larger than ours with three fulltime employees and a supervisor dedicated to parking enforcement, along with a cooperative working agreement with Code Enforcement to assist. Riverside issued slightly over 22,000 total traffic and parking citations in 2007 as compared to P.ancho Cucamonga's 15,500. Riverside's traffic supervisor Karen Haverkamp believes the modification to their ordinance was a benefit to staff without a significant change to their standard tagging or citing prdcedures. In those unique situations where the vehicle owner is manipulating the system officers simply write additional descriptions on the 72 hour tags to thoroughly lockdown the exact location of the vehicle on the roadway. Every effort is made for the original taoging officer to also be the citing officer, but when not available the actual citing ofricer carefully reviews the complete details of the tag and takes appropriate action. If required to enforce the letter of the law in every 72 hour parking violation there would be a significant increase in the workload for patrol and traffic Deputies and Service Specialists. In coritrast to Riverside we do not have the staffing level within the traffic division to deploy P262 designated personnel to parking enforcement only. P263 ORDINANCE NO. <0 ~~`~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REVISING REGULATIONS PERTAINING TO PARKING OF VEHICLES ON PUBLIC STREETS IN EXCESS OF 72 HOURS, AND AMENDING TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. The City Council of the City of Rancho Cucamonga ordains as follows: Section 1. Section 10.44.130 of Chapter 10.44 df Title 10 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: 10.44.130 Parking of v?hides upon streets in excess of 72 hours. A. No person shall park, leave standing, or store upon any publicly maintained highway, street; alley or other place open for vehicular travel, any vehicle, as defined in Section 670 of the California Vehicle Code, for more than seventy-two consecutive hours. A vehicle shall be considered to be parked, left standing, or stored in violation of this section if it has not been moved more than two-tenths of a mile (1056 feet) within seventy-two consecutive hours. A vehicle may be found to be in violation of this section whether occupied or not. B. In the event a vehicle is found to be in violation of subsection A of this section, the vehicle may be removed as provided in California Vehicle Code Section 22651, or any successor provision thereto. " Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required bylaw. I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was duly passed, approved, and adopted by the City Council df the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the _ day of _ Executed this _ day of _, at Rancho Cucamonga, California. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk P264 PASSED, APPROVED, AND ADOPTED this day of , 2009 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice C. Reynolds, City Clerk